Friday: AI Keyboard's Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE APP (AS DEFINED BELOW).

I. INTRODUCTION

These Terms of Use (the “Agreement”), together with all the documents referred to in it, constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and Sekterra GmbH (“we,” “us” or “our”), concerning your access to and use of “Friday: AI Keyboard“ software application for mobile devices (the “App”). The App’s title may vary in countries other than the U.S. and is subject to change without specific notice.

All the documents that relate to the App are hereby expressly incorporated herein by reference. Please read this Agreement carefully before you download, install or use the App.

It is important that you read and understand this Agreement as by downloading, installing or using the App you indicate that you have read, understood, agreed and accepted the Agreement which takes effect on the date on which you download, install or use the App. By using the App you agree to abide by this Agreement.

If you do not agree with (do not accept) this Agreement, or if you do not agree at least with one of the provisions of this Agreement, you are not authorized to, and you may not access, download, install or use the App and you must promptly discontinue downloading, installing the App and remove (delete) the App from any mobile device in your possession or under your control.

BY ACCESSING OR USING THE APP, YOU REPRESENT THAT YOU HAVE READ, ACKNOWLEDGED AND UNDERSTOOD THE AGREEMENT AND AGREE TO BE BOUND BY THE AGREEMENT, AND USE THE APP IN ACCORDANCE WITH AND SUBJECT TO THE AGREEMENT AND PRIVACY POLICY. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THE AGREEMENT, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT AND OUR PRIVACY POLICY, YOU MUST NOT ACCEPT THE AGREEMENT AND MAY NOT USE THE APP.

II. CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to regularly review this Agreement to stay informed about any updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the App after the date such revised Agreement is posted.

III. RESTRICTIONS ON WHO CAN USE THE APP

In order to download, install, access or use the App, you must be eighteen (18) years of age or older. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by their parent or guardian to use the App, so if you are between the ages of thirteen (13) and seventeen (17) years and you wish to use, download, install, access the App, before doing so you must: (a) assure and confirm (if needed) that your parent or guardian have read and agree (get your parent or guardian’s consent) to this Agreement prior to you using the App; (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.

Parents and guardians must directly supervise any use of the App by minors.

Any person under the age of thirteen (13) years is not permitted to download, install, access or use the App.

You affirm that you are either more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

IV. GENERAL TERMS

The App is a utility program designed to enhance your device experience. The App offers tools based on Artificial Intelligence (AI) models and technologies and allows you to use an AI-assisted keyboard to check the spelling or translate your messages. See the full performance list on the App’s page in the App Store at:  https://apps.apple.com/ua/app/friday-ai-keyboard/id6448679416?l=uk.

The App is intended only for your personal non-commercial use. You shall use the App only for the purposes, mentioned above.

V. PRIVACY POLICY

Your privacy is very important to us. Accordingly, we have developed the Privacy Policy in order for you to understand how we process, use and store information including personal data. Access to the App and use of the Services are subject to the Privacy Policy. By accessing the App and by continuing to use the Services, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using the App and Services. Please read our Privacy Policy carefully https://telegra.ph/Friday-AI-Keyboards-Privacy-Policy-05-15.

VI. INTELLECTUAL PROPERTY

By using the App, you undertake to respect our intellectual property rights (intellectual property rights related to the App, its source code, UI/UX design, content material, copyright and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties.

As long as you keep using the App, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable right to access and use the App pursuant to this Agreement.

You may use our App solely for your own non-commercial purposes. You are bound to respect the copyrighted material within the App, you cannot reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell, modify the App or otherwise exploit for any commercial purposes, any portion of, use of, or access to the App, as well as sell pictures and/or other content available in the App.

The source code, design and content, including information, photographs, illustrations, artwork and other graphic materials, sounds, music or video (hereinafter – the “works”) as well as names, logos and trademarks (hereinafter – “means of individualization”) within the App are protected by copyright laws and other relevant laws and/or international treaties, and belong to us and/or our partners and/or contracted third parties, as the case may be.

These works and means of individualization may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our partners and/or contracted third parties, as the case may be.

All rights, title and interest in and to the App and its content, works and means of individualization as well as its functionalities (1) are the exclusive property of Sekterra GmbH and/or our partners and/or contracted third parties, (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred (assigned) to you in full or in part within the context of the license herewithin. 

We will not hesitate to take legal action against any unauthorized use of our trademarks, names or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.

VII. FEEDBACK
We appreciate hearing from our users and welcome your comments regarding the App. Notwithstanding anything to the contrary herein, please be advised, however, that if you send us ideas, suggestions, inventions, or materials regarding the App ("Feedback"), we shall: (i) own all rights to the Feedback; (ii) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Feedback; and (iii) be entitled to unrestricted use of the Feedback for any purpose whatsoever, without compensation to you or any other person.

VIII. THIRD PARTIES’ TECHNOLOGIES INTEGRATED INTO THE APP

The App is using OpenAI API available at https://platform.openai.com/docs/api-reference. You can familiarize yourself with the Terms of Use for OpenAI Services at https://openai.com/terms/.

You acknowledge and agree that we have no and expressly disclaim all liability for any third parties’ technologies we use, or may use in the future, for integrations into the App.

IX. PROHIBITED BEHAVIOUR

You agree not to use the App in any way that:

• is unlawful, illegal or unauthorized;
• is defamatory of any other person;
• is obscene or offensive;
• infringes any copyright, database right or trademark of any other person;
• advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse;
• engages in spamming, unsolicited advertising, or any form of electronic communication or marketing without obtaining proper consent;
• disrupts or interferes with the functioning or availability of the App or its associated services;
• uses the App for any commercial purposes without obtaining proper authorization or violating any applicable terms or conditions.

In addition, you are not allowed to upload, enter, create, generate via the App the following types of content:

• сontent that expresses, incites, or promotes hate based on identity;
• сontent that intends to harass, threaten, or bully an individual;
• сontent that promotes or glorifies violence or celebrates the suffering or humiliation of others;
• сontent that promotes, encourages, or depicts acts of self-harm, such as suicide, cutting, and eating disorders;
• сontent meant to arouse sexual excitement, such as the description of sexual activity, or that promotes sexual services (excluding sex education and wellness);
• content attempting to influence the political process or to be used for campaigning purposes;
• unsolicited bulk contents;
• content that is false or misleading, such as attempting to defraud individuals or spread disinformation;
• content that attempts to generate ransomware, keyloggers, viruses, or other software intended to impose some level of harm;
• that may reasonably be considered to be illegal, defamatory, libelous, immoral, harmful, misleading, deceptive, fraudulent, indecent, hateful, racially or religiously biased or offensive, slanderous, obscene, pornographic, sexually explicit, or that encourage anyone to violate any local, state, national or international law.

You shall not make the App available to any third parties. In addition, you shall not modify, translate into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works from the App or any documentation concerning the App.

You shall not transfer, lend, rent, lease, distribute the App, or use it for providing services to a third party, or grant any rights to the App or any documentation concerning the App to a third party.

Misuse of any trademarks or any other content displayed on the App is prohibited.

You shall not copy and/or duplicate and/or distribute and/or publish and/or use any content in the App, directly or indirectly, by way of a violation of our Intellectual Property Rights.

Moreover, you shall not make any attempts to use the App or part thereof for malicious intentions. Also we are not responsible for the way you use the App.

Please do not use App to send any ideas, suggestions, or other content that you wish to keep private or proprietary or for which you expect to receive compensation.

It is clarified that we may adopt, against a user who violated the present Agreement, any legal measures at our disposal pursuant to the applicable laws.

X. AVAILABILITY OF THE APP, SECURITY AND ACCURACY

In order to use the App, you are required to have a compatible mobile phone or tablet, and internet access.

The App is available for downloading and installing on handheld compatible mobile devices running Apple iOS Operating System 15.0 or later.

We do not warrant that the App will be compatible with all hardware and software which you may use.

We make no warranty that your access to the App will be uninterrupted, timely or error-free.

You acknowledge the App is provided via the internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control.

The version of the App may be upgraded from time to time to add support for new functions and services.

We may change or update the App and anything described in it without noticing you. If the need arises, we may suspend access to the App, or close it indefinitely.

You warrant that any information that you submit to us is true, accurate and complete, and you agree to keep it actual at all times. You must notify us about anything that has or will constitute a material breach of any or your warranties or cause any of your warranties to be untrue or inaccurate, as soon as practicable after you become aware of it.

You can discontinue using our Services at any time by choosing the relevant option in your Apple ID Account Settings. If you decide not to use the App for any reason you should uninstall the App.

XI. CHARGES

The App is provided on a free basis. Once you download the App, you’ll have access to its basic features.

Access to some services and/or additional features within the App (“Premium options”) requires In-App Purchases, including paid subscriptions. The full list of Premium options and pricing are provided on the App’s page. You may have an opportunity to try Premium options during the free trial period as provided on the signup screen. After the free trial period expires an auto-renewing subscription period will start on a regular basis. Please mind that you will be charged automatically unless you cancel your subscription 24 hours before the end of the free trial period. When you cancel your subscription you will still have access to basic features of the App.

When using the App, you can choose different subscription options. Prices for different subscription options are indicated in the Information section on the App’s page.

Prices are in U.S. dollars, may vary in countries other than the U.S. and are subject to change without notice. You’ll have all necessary information about your subscription plan and duration of the free trial period on the signup screen before the purchase.

Subscription with a free trial period will automatically renew to a paid subscription. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription, where applicable. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time.

Your subscription will be automatically renewed within 24 hours before the current subscription ends. Auto-renew option can be turned off in your Apple ID Account Settings at least 24 hours before the end of the current period. Payment will be charged to Apple ID Account at confirmation of purchase. No cancellation of the current subscription is allowed during the active subscription period. Subscriptions are managed by you. Please note that removing the App from your device does not deactivate your subscription.

You may be charged by your communications service provider for downloading and/or accessing the App on your mobile phone or tablet device, so you should check the terms of agreement with your operator. This may include data roaming charges if you do this outside your home territory. Standard text messaging rates or other carrier charges may apply if you send SMS messages or make cellular voice calls. All these charges are solely your responsibility. If you do not pay the bills related to your mobile phone or tablet device, then we assume that you have the permission from the person that does it before incurring any of these charges.

XII. THIRD PARTY WEBSITES AND RESOURCES

The App may link you to other sites on the Internet and contracted third parties to provide you certain services. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the App exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.

You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

If you have any queries, concerns or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.

XIII. DISCLAIMER OF WARRANTIES

IF YOU CHOOSE TO USE THE APP YOU DO SO VOLUNTARILY AND AT YOUR SOLE DISCRETION. YOU AGREE THAT YOUR USE OF THE APP AND ITS SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE APP ARE PROVIDED ON “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE FROM LOSS, CORRUPTION, ATTACK,  VIRUSES, INTERFERENCE, HACKING OR OTHER HARMFUL COMPONENTS OR SECURITY INTRUSION.

WE DO NOT MAKE ANY WARRANTY REGARDING THE OUTPUTS THAT MAY BE GENERATED FROM USE OF APP, INCLUDING WITH RESPECT TO THE FACTUAL ACCURACY OF ANY OUTPUTS OR SUITABILITY FOR YOUR USE CASE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY APP OUTPUTS IS DONE AT YOUR SOLE RISK. DUE TO THE CURRENT NATURE OF AI TECHNOLOGY, YOU SHOULD NOT RELY ON APP AS A SINGLE SOURCE OF FACTUAL INFORMATION. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

XIV. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE APP AND SERVICES PROVIDED BY THE APP. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH THE APP OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE APP AND ITS SERVICES IN ANY COUNTRY. YOU MUST MAKE YOUR OWN INFORMED DECISIONS ABOUT USE OF THE APP IN YOUR LOCATION AND ASSESS ANY POTENTIAL ADVERSE CONSEQUENCES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.

XV. FORCE MAJEURE

We will not be liable for any delay or failure to perform our obligations under this Agreement if such delay is due to any circumstances beyond our reasonable control (including but not limited to epidemics, pandemics, blockchain congestion or attacks, government sanctions or orders, whether known or unknown at the time the parties enter into this Agreement) (each a “Force Majeure Event”).

XVI. LEGAL COMPLIANCE

By accepting the terms of this Agreement, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

XVII. THIRD PARTY BENEFICIARY

You acknowledge and agree that this Agreement and your use of the App is between you and us only, and not with Apple or its subsidiaries. Apple, and Apple’s subsidiaries are the third party beneficiaries of the present Agreement, and that upon your acceptance of the terms and conditions of the present Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third party beneficiary thereof. 

XVIII. GOVERNING LAW AND CLAIMS

Choice of law and choice of forum clauses. The present Agreement shall be governed by and interpreted, construed in accordance with the laws of the Switzerland.

All disputes and claims, suits, causes of action or proceedings between the parties to this Agreement, whether sounding in contract, tort, equity, law, or otherwise, including those arising out of or related to this Agreement, inter alia, pertinent to its performance, alleged breach shall be (i) governed by, construed in accordance with substantive and procedural laws of the Switzerland, excluding and without giving effect to its choice of law provisions; and (ii) shall be exclusively decided by the courts of competent jurisdiction of the Switzerland, to the exclusion of other courts and fora.

Those who access or use the App do so at their own volition and are responsible for compliance with local law. If you choose to access or use the App you are responsible for:

a) ensuring that what you are doing in that country is legal; and

b) the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorizations.

CLASS ACTION WAIVER. WHILE RESOLVING ANY DISPUTE WITH US AND/OR SEEKING ANY RELIEF FROM US YOU EXPRESSLY AGREE TO WAIVE THE RIGHT TO PURSUE AND/OR PARTICIPATE IN ANY TYPE OF CLASS ACTION LAWSUITS AND/OR PROCEEDINGS.

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the App and the Services provided by the App or this Agreement, then you and we agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of notice from the other party, you and us will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.

XIX. TERM AND TERMINATION

This Agreement is effective from the earliest of the date you use the App until terminated according to terms and conditions specified in this Agreement.

You may terminate this Agreement at any time by discontinuing your access to and use of the App. 

We reserve the right to terminate this Agreement at any time at our sole discretion for any reason. You understand and agree that we shall have no liability or obligation to you in such an event. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the App.

When this Agreement terminates for any reason, all the sections one would expect to survive will survive, including, but not limited to, “Disclaimer of Warranties,” “Limitation of Liability,” “Governing Law and Claims”. The termination of this Agreement doesn’t affect any amounts owed before that termination.

XX. SEVERABILITY

If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, that provision shall be more narrowly construed so that it becomes legal, valid and enforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect.

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

XXI. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:

Sekterra GmbH 

Baarerstrasse 25, 6300 Zug Switzerland

support@safecalls.live