End-User License Agreement (EULA)

Last Updated: January 2, 2025

This End-User License Agreement ("Agreement") is a legal agreement between you ("User") and Creaite Inc ("Company"), a Delaware corporation with its principal office located at 8 The Green, Suite G, Dover, DE 19901, governing your use of the My AI Trainer application ("Application").

By downloading, installing, or using the Application, you agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, do not download, install, or use the Application.

1. License Grant

The Company grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Application on your personal device strictly in accordance with the terms of this Agreement.

2. Restrictions

You agree not to:

• Copy, modify, distribute, or create derivative works of the Application.

• Reverse engineer, decompile, or attempt to extract the source code of the Application.

• Rent, lease, sublicense, or transfer the Application to a third party.

• Use the Application for any unlawful purpose or in violation of applicable laws and regulations.

• Access or use the Application to build a competing product or service.

3. Subscription and Payments

Subscription Terms:

• The Application offers subscription services on a monthly or yearly basis ("Subscription").

• Subscriptions renew automatically unless canceled before the renewal date.

Payment:

• All payments are processed through the respective Application Store (Apple App Store or Google Play Store) and are governed by their terms and conditions.

Cancellation and Refunds:

• You may cancel your Subscription through the Application Store’s account settings. Refunds for the current subscription period are not provided unless required by law.

4. Health and Fitness Disclaimer

• The Application provides fitness and nutrition guidance generated by AI algorithms. This guidance, including calorie tracking and recommendations, is intended for informational purposes only and may not be accurate or precise.

• All calorie, nutrition, and fitness estimates are approximations and should not be relied upon as absolute values.

• Consult with your physician or qualified healthcare provider before starting any fitness program or making significant changes to your diet.

• The Company is not responsible for injuries, health complications, or other outcomes resulting from reliance on inaccurate or incomplete information provided by the Application.

5. Privacy and Data Use

Data Collection:

• The Application may collect personal data, including but not limited to fitness metrics, dietary preferences, and usage behavior. Data collection is governed by the Company's Privacy Policy.

AI Analysis:

• Data collected by the Application may be analyzed by AI algorithms to provide personalized recommendations.

Data Security:

• The Company implements reasonable measures to protect user data but does not guarantee absolute security.

Global Compliance:

• The Company complies with applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) in the European Union and the California Consumer Privacy Act (CCPA) in the United States. Users in these regions have specific rights, such as the ability to access, correct, or delete their data. Please refer to our Privacy Policy for detailed information.

6. Ownership and Intellectual Property

The Application, including all content, features, and functionality, is the exclusive property of the Company and its licensors.

All rights not expressly granted under this Agreement are reserved by the Company.

7. Termination

This Agreement is effective until terminated by you or the Company.

• The Company may terminate this Agreement at any time if you breach its terms.

• Upon termination, you must delete all copies of the Application from your devices.

8. Limitation of Liability

• To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Application.

• The Company shall not be liable for errors, inaccuracies, or omissions in the information provided by the Application, including but not limited to calorie tracking, fitness guidance, and nutritional recommendations.

• The Company’s total liability shall not exceed the amount paid for your Subscription during the twelve (12) months preceding the claim.

9. Disclaimer of Warranties

• The Application is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

• The Company does not warrant the accuracy, completeness, or reliability of the information provided by the Application, including calorie tracking and nutrition estimates.

10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. For users outside the United States, local mandatory laws may apply where required.

11. Dispute Resolution

• Any disputes arising under this Agreement will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

• The arbitration shall take place in Delaware, United States.

• You agree to waive your right to participate in class actions or collective proceedings.

12. Force Majeure

The Company shall not be held liable for delays or failures in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, governmental actions, or internet service disruptions.

13. User-Generated Content

• By uploading content to the Application, you grant the Company a non-exclusive, worldwide, royalty-free license to use, display, and store such content as necessary to provide the Service.

• You retain ownership of your content but acknowledge that the Company may use it in accordance with this Agreement and the Privacy Policy.

14. Accuracy Disclaimer

• The Application's calorie tracking, fitness metrics, and nutritional recommendations are generated using AI and are intended to provide general guidance only.

• The information provided may contain inaccuracies or errors and should not be used as a substitute for professional advice or precise measurements.

• It is your responsibility to verify the accuracy of the data and make decisions accordingly.

• The Company disclaims all liability for errors, inaccuracies, or omissions in the data provided by the Application.

15. Amendments to This Agreement

The Company reserves the right to modify this Agreement at any time. Continued use of the Application after changes are posted constitutes your acceptance of the updated Agreement.

16. Contact Information

If you have any questions about this Agreement, you can contact us at:

Email: sulav@creaiteapp.com

Mailing Address: 8 The Green, Suite G, Dover, DE 19901

By using the Application, you acknowledge that you have read, understood, and agree to be bound by this End-User License Agreement.