Last updated: 10/7/2025
This End User License Agreement (“EULA” or “Agreement”) is a legally binding contract between you (“You” or “User”) and Stimulating AI Inc. (“Developer,” “We,” “Us,” or “Our”), the creator and owner of the accessed mobile application (“App”). By installing, accessing, or using the App, you agree to be bound by the terms and conditions contained in this EULA.
IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL, ACCESS, OR USE THE APP.
This Agreement is concluded solely between You and the Developer, not with any third-party platform provider. The Developer, not any third party, is solely responsible for the App and the content thereof. Your use of the App must also comply with the usage rules of the platform or store from which you obtained the App.
Subject to your compliance with this EULA, We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use the App on devices you own or control, as permitted by the usage rules of the relevant platform or store. This license allows access by other accounts associated with the purchaser through permitted family or organizational sharing programs.
You shall not:
You acknowledge and agree that you are solely responsible for the content you generate or distribute using the App. The Developer disclaims all liability arising from or related to such content, and you agree to indemnify and hold harmless the Developer from any claims, damages, or expenses resulting from your use of the App or your content.
The Developer is solely responsible for providing maintenance and support services for the App, or as required by applicable law. No third party has any obligation to provide maintenance or support services with respect to the App.
The Developer is solely responsible for any product warranties, express or implied by law, to the extent not effectively disclaimed.
In the event of any failure of the App to conform to any applicable warranty, you may be entitled to a refund of the purchase price (if any) from the store through which you obtained the App. To the maximum extent permitted by law, no third party will have any other warranty obligations whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any warranty will be the sole responsibility of the Developer.
The Developer, not any third party, is responsible for addressing any claims from you or a third party relating to the App or your possession or use of the App. This includes but is not limited to:
(i) product liability claims,
(ii) claims that the App fails to conform to applicable legal or regulatory requirements, and
(iii) claims arising under consumer protection, privacy, or similar laws.
The App, including all content, trademarks, logos, and other intellectual property rights contained therein, is the property of the Developer or its licensors, and is protected by applicable intellectual property laws.
In the event of any third-party claim that the App, or your possession and use of the App, infringes that third party’s intellectual property rights, the Developer will be solely responsible for the investigation, defense, settlement, and discharge of such claim.
You acknowledge that your use of the App does not grant you any rights to the intellectual property contained within the App, except for the limited license granted herein.
You retain ownership of all content that you generate through the App (“User Content”), subject to the rights of any third parties. This means you may not claim ownership of, or use, any elements of User Content that incorporate copyrighted, trademarked, or otherwise protected material belonging to others without proper authorization.
By using the App, you grant the Developer a limited, worldwide, royalty-free license to host, store, and process your User Content solely for the purpose of providing and improving the App.
License Rights:
Except for the limited license you grant to the Developer, and subject to applicable third-party rights, you retain all rights, title, and interest in and to your User Content.
If you maintain an active paid subscription that includes commercial rights at the time User Content is created, you are granted a Commercial License to that User Content. This Commercial License is:
Any User Content generated when you do not have an active subscription with commercial rights is licensed only under the Non-Commercial License, meaning you may use it for personal, educational, or other non-commercial purposes but not for financial gain, promotion, or business use.
Your privacy is important to us. Please review our Privacy Policy, which is incorporated herein by reference, to understand how We collect, use, and disclose your personal information.
The Developer reserves the right, at its sole discretion, to update, modify, or discontinue the App or any part thereof, at any time and without prior notice.
We may also update the terms of this EULA from time to time, and your continued use of the App following such updates signifies your acceptance of the revised terms.
You represent and warrant that:
(i) you are not located in a country subject to a U.S. Government embargo, or designated as a “terrorist supporting” country, and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
This EULA is effective until terminated by either party. You may terminate this EULA at any time by uninstalling the App, ceasing all use of the App, and permanently deleting all User Content generated through the App.
We may suspend or terminate your account and access to the App immediately, without refund, if you violate this EULA, including breaches of copyright or intellectual property misuse.
Upon termination, all rights granted to you under this EULA, including any license to use User Content, will cease. You must uninstall the App and delete all copies of User Content generated under this Agreement.
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
YOUR USE OF THE APP IS AT YOUR SOLE RISK.
We make no representation or warranty that any content generated by the App will be free of third-party rights or legally compliant for your intended purposes. Even where commercial rights are granted under an active subscription, you are solely responsible for ensuring compliance with all applicable laws, regulations, and third-party rights.
IN NO EVENT SHALL THE DEVELOPER, ITS AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR YOUR USE OF THE APP,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE DEVELOPER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR YOUR USE OF THE APP EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE APP.
You agree to indemnify, defend, and hold harmless the Developer, its affiliates, licensors, and suppliers, and their respective officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with:
Stimulating AI Inc.
100 N Howard St, Ste R, Spokane, WA 99201
Email: [email protected]
Phone: (408) 384-8571
You must comply with all applicable third-party terms of agreement when using the App, such as agreements with your wireless data provider.
You and the Developer acknowledge and agree that the platform provider and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this EULA, such third parties shall have the right (and be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.
This EULA shall be governed by and construed in accordance with the laws of Washington state, without regard to its conflict of laws principles.
Any disputes arising out of or in connection with this EULA shall be resolved through good faith negotiations between the parties.
If such negotiations fail, either party may seek appropriate legal remedies in the courts of competent jurisdiction in California.
If any provision of this EULA is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall be construed as if the invalid or unenforceable provision was not contained herein.
This EULA, together with any other documents or policies referenced herein, constitutes the entire agreement between you and the Developer concerning the subject matter hereof and supersedes any prior or contemporaneous understandings or agreements, whether written or oral, regarding the same.