End User License Agreement (EULA)
This End User License Agreement (“EULA”) is a binding agreement between an Internet user (the “End User” or “you”) and AIST.AI LIMITED, a company established and existing under the laws of the Republic of Cyprus, registered under number ΗΕ 363852 by the Registrar of Companies, with the registered address at: Leoforos Spyrou Kyprianou 67, Kyriakides Business Center, 4003 Limassol, Cyprus; (the “Company”, “us”, “we”) entered into on the basis of the use of the Software (in the meaning indicated below) by you.
This EULA governs your use of Company’s following software (the “Software”): all and any Company’s software available for the End User on the Company’s web-site https://gosu.ai (hereinafter – the “Website”), including, without limitation, GOSU.AI software (the software which implements the functions of GOSU.AI service: the required data collection, parsing and analysis, automated system for user game parsing and analysis, user communication, web and mobile user interfaces, application programming interfaces (API), components related to special projects, etc.) and all documentation related thereto.
BY AGREEING TO USE AND USING THE SOFTWARE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT (IN THE MEANING STATED BELOW); (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT (IN THE MEANING STATED BELOW) IN ACCORDANCE WITH THE LAW OF THE JURISDICTION WHERE YOU RESIDE OR APPLICABLE TO YOU; (C) FULLY ACCEPT ALL TERMS OF THIS AGREEMENT (IN THE MEANING STATED BELOW) AND AGREE TO BE LEGALLY BOUND BY IT.
IF YOU DO NOT AGREE TO TERMS OF THIS AGREEMENT (IN THE MEANING STATED BELOW), YOU ARE NOT AUTHORISED TO USE THE SOFTWARE.
Subject to the terms of this EULA, you are granted a limited, revocable, non-exclusive and non-transferable right to use the Software for your personal, non-commercial use strictly in accordance with this Agreement (the “License”).
For the correct use of the Software you are also required to use the Steam (https://store.steampowered.com/), an online service offered by Valve https://www.valvesoftware.com, hereinafter referred to as the “Steam” and the “Valve” correspondingly. Your rights and obligations as a Steam subscriber are stated in the Steam Subscriber Agreement (https://store.steampowered.com/subscriber_agreement/english/).
Hereby all services provided by Xsolla, Steam, Valve and any other third party for proper and correct fulfillment of the Agreement and provision of the License to the End User are collectively referred to as “Third-Party Services”.
In respect to the proper functioning and uptime of the Third-Party Services, the Company at all times shall have no liability or any emerging obligations related thereto for any errors, delays or malfunction of any and all Third-Party Services or any Third-Party Services’ software (including, but not limited to, webpages, accounts, etc.) caused by actions or omissions, including, but not limited to, glitches in system or temporary unavailability of the Third-Party Services’ software due to maintenance, software updates, attacks by third parties, downtime or any other reasons or circumstances outside of the Company’s control.
2. License Restrictions
2.1. copy the Software, except as expressly permitted by this Agreement;
2.2. modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Software;
2.3. reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Software or any part thereof;
2.4. remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Software, including any copy thereof;
2.5. use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Software;
2.6. use the Software in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third-party software designed to modify or interfere with the Software;
2.7. without Company’s express written consent, modify or cause to be modified any files that are a part of the Software;
2.8. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Software or any features or functionality of the Software, to any third party for any reason, including by making the Software available on any network where it is accessible by more than one device at any time;
2.9. remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Software;
2.10. share any details and/or specific information used by the End User to access to or use personalized benefits or features of the Software or the Third-Party Services (e.g. login, password, etc.) with any third party or keep it without applying reasonable safeguards or in a way it may be easily accessed by a third party;
2.11. lie, leave incorrect or provide false or inaccurate information to the Company collected in order to provide you with a License, including, but not limited to the information regarding your personality; use false identities or impersonate any other person or use a username (or nickname) or password that is not yours; use the Software on behalf of other person or use an account of other persons;
2.12. violate or misuse any and all other rights granted under or requirements prescribed by this Agreement or applicable laws
2.13. be located in, under the control of, or be a national or resident of any embargoed country by the United States government.
3. Reservation of Rights
You acknowledge and agree that according to the Agreement, the Software is provided under a License and is not sold to you. You do not acquire any title to the Software (or its part) or any other rights related thereto other than a right to use the Software in accordance with the License granted herein subject to all terms, conditions and restrictions hereunder.
The Company and its licensors and service providers reserve and retain their title to and interest in the Software, including a copyright, trademarks and other intellectual property rights (both proprietary and non-proprietary) related thereto, except as expressly granted to you in this Agreement.
Generally, the use of the Software is free of charge, but you may be required to pay a fee if you want to use its additional features or services (“Paid Services”). There are two ways of paying for the Paid Services: to arrange a recurrent subscription to a premium account (“Subscriptions”) or to do one-time purchases for buying a virtual currency designated to be used while using the Software (“Virtual Currency”).
Virtual Currency are specific units of a token nature having no real or monetary value designated for a usage within the Software and that can be exchanged for some of the Paid Services according to information and algorithms used in the Software and provided on the Webpage. The quantity of Virtual Currency is depicted in the End User’s account and may be topped up as described herein.
You can purchase Virtual Currency and Subscriptions by using the software purchase mechanism provided by Xsolla. All terms and conditions for purchasing Paid Services are regulated by the Xsolla and indicated in Xsolla’s Agreements. The Company shall have no liability for faults, errors, omissions, delays or other non-performance or underperformance caused by the Xsolla, including, but not limited to, bags or glitches in the Xsolla’s billing system or temporary unavailability of the purchases due to the Xsolla’s maintenance, software updates, attacks by third parties, downtime or other circumstances out of Company’s control.
The price for the Paid Services indicated by the Company or Xsolla does not include any applicable taxes, duties, levies and other charges or additional fees that may be applicable for different End Users under applicable laws or in accordance with terms and conditions applicable for the use of the Third-Party Services.
You agree that Virtual Currency and Subscriptions can never be exchanged for the real money, real goods or real services by the Company or anyone else and can be used only by using the Software. The Company also reserves the right to distribute Virtual Currency and Subscriptions free of charge in its own discretion, for example, by providing End Users with a certain amount of Virtual Currency or grant them Subscriptions as a promotion or benefit. You do not own Virtual Currency or Subscriptions, despite you “earn” or “purchase” them, but instead you obtain a limited, personal, revocable, non-transferable right to use them s described herein.
If you purchase Subscriptions, you may choose to be charged with a relevant fee (“Subscription Fee”) monthly (every three or six months) or annually at the beginning of your Subscription and each chosen subsequent cycle thereafter. When you purchase a Subscription, we or Xsolla automatically charge you with a Subscription Fee at the beginning of the next cycle of your Subscription using the information you have provided to us or Xsolla until you cancel your Subscription in accordance with the Agreement.
By agreeing to this Agreement and choosing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you, or us, or Xsolla. Your Subscription continues until cancelled by you or until we or Xsolla terminate your Subscription or access the Services or Subscription in accordance with this Agreement.
If you forgot to deactivate a subscription and were charged on a regular basis, a refund will be provided for the first renewal as long as you have contacted Xsolla’s customer support at https://help.xsolla.com/ within 48 hours after being debited for the Subscription in question.
YOU AGREE THAT ALL SALES BY THE COMPANY TO YOU OF VIRTUAL CURRENCY AND SUBSCRIPTIONS ARE FINAL AND THAT THE COMPANY WILL NOT REFUND ANY TRANSACTION ONCE IT HAS BEEN MADE EXEPT CASES INDICATED BY RETURN AND REFUND POLICY BY XSOLLA.
The information about the price for the Paid Services may be found at the Website after you log in. The price for the Paid Services may be changed by the Company unilaterally without any notice to or confirmation from End Users.
The Company reserves the right to control, regulate, restrict, change, remove or cancel any Virtual Currency or Subscriptions without any liability to you.
5. Collection and Use of Your Information
Company may from time to time, in its sole discretion, develop and provide Software updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (“Updates”). Updates may also modify or delete (partially or in full) certain Software’s features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. From time to time you may receive notices about or be prompted to download and install available Updates.
You agree to promptly download and install all Updates when they are available and acknowledge and confirm your understanding that the Software or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Software and be subject to all terms and conditions of this Agreement.
The Company shall not be liable if you are unable to properly use the Software or any of the Updates due to incompatibility or specific peculiarities of your device(s), operation system, browser or any other software or system.
7. Third Party Materials
The Software may display, include or make available third-party content (including data, information, software, offer walls and other products services and/or materials) or provide links to third-party websites or services, including via third-party advertising (“Third Party Materials”). You acknowledge and agree that Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.
8. Term and Termination
The EULA enters into force when you access the Software on the Website and/or give consent for accepting this EULA and continue in effect until terminated by you or the Company as set forth in this Section 8.
You may terminate this EULA by deleting the Software and/or your account in the Software and all copies thereof.
Company may terminate this EULA at any time without notice to you if it ceases to support the Software, which Company may do in its sole discretion.
This EULA may be terminated immediately and automatically without any notice if you violate any of its terms. If this EULA is terminated, your License to use the Software will be automatically revoked, and the Company will have no liability to you for any Virtual Currency you have or any time spent by you using the Software. You understand that any real and monetary value cannot and shall not be attributed to the time that you spent accumulating Virtual Currency and using the Software and that you will not be compensated therefor under any circumstances regardless of whether you are barred access to Virtual Currency and/or the Software or not.Upon termination:
(i). all rights granted to you under this EULA will also terminate, including the right to use Virtual Currency; and
(ii). you must cease all use of the Software, delete all copies of the Software or its part from your devices and your account.Termination of the Agreement does not limit Company’s or Xsolla’s rights or remedies available hereunder or under applicable laws.
9. Interactions and Content Regulation
The software has the text and voice communication’s ability with you. You can turn off communications in the Software settings at any time.
You may not post any of the following content to Software (through the interaction’s functions):
- Content that depicts explicit sex acts.
- Content that depicts or encourages excessive violence or other dangerous conduct.
- Content that includes or encourages threats, harassment, or bullying.
- Content that includes or encourages sexual abuse of children.
- Content that promotes hatred of a particular group based on race, ethnicity, color, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition.
- Content that is improperly depicted in a natural disaster, cruel act, physical conflict, death, or other tragedy.
- Content promoting illegal activities.
- Content that infringes the intellectual property rights of others.
You grant us a non-exclusive, transferable, re-licensable, royalty-free, worldwide license (the "IP License") to use the IP Content posted or related to the Software.
You are solely responsible for the content you create. Please keep in mind that your device ID and activity records and materials within the Service may be submitted to law enforcement agencies in accordance with relevant laws and regulations.
10. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS (FOR EXAMPLE, BUT NOT LIMITED TO, XSOLLA, VALVE, ETC.), EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SOFTWARES, SYSTEMS, INTERNET BROWSERS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability
I. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES; OR
II. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY AND THE XSOLLA IN THE PRECEDING TWELVE MONTHS.THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
YOU AGREE TO USE THE SOFTWARE IN COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING LOCAL LAWS OF THE COUNTRY OR REGION IN WHICH YOU RESIDE OR IN WHICH YOU USE THE SOFTWARE. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (IN ANY FORM OR AMOUNT) ARISING FROM YOUR FAILURE TO MAINTAIN, FULFILL OR COMPLY WITH ANY OF THE REQUIREMENTS INDICATED HEREIN OR IN DOCUMENTS REGULATING THE PROVIDION OF THE THIRD PARTY SERVICESOR AS A RESULT OF YOU VIOLATING OR BREACHING ANY APPLICABLE LAW, STATUTE OR RULE WHATSOEVER IN RELATION TO THE USE OF THE SOFTWARE OR THIRD PARTY SERVICES.