Terms of Service
Effective Date: 03/04/2026
These Terms of Service (“Terms”) are a legally binding agreement between TrainedApps (“TrainedApps,” “we,” “our,” or “us”) and the person or entity that accesses or uses the Services (“you” or “Customer”).
If you access or use the Services on behalf of a company, client, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms, and “you” will include that entity.
These Terms govern your access to and use of the TrainedApps website, app builder, hosted environment, management tools, export tools, APIs, integrations, and related products and services we make available (collectively, the “Services”).
Your use of the Services is also subject to our Privacy Policy, any applicable Data Processing Agreement (“DPA”), any Order Form, our Pricing Page, any Acceptable Use Policy or service-specific rules we publish, and any additional terms we present in-product or in writing. Those materials are incorporated into these Terms by reference.
1. Definitions
For purposes of these Terms:
- “Account” means the account you create or that is created for you to access the Services.
- “App” or “Generated App” means an application, website, workflow, portal, dashboard, tool, or other output that you create, configure, or generate using the Services.
- “Builder Credits” means the usage units allocated or sold for generation, regeneration, modification, or other build-time actions in the Services.
- “Usage Credits” means the usage units allocated or sold for live AI activity, AI-assisted functionality in Apps, or other runtime consumption-based features in the Services.
- “Boosts” means paid top-ups, packs, or other add-on capacity that we may offer for Builder Credits, Usage Credits, or other consumption-based features.
- “Connected Model” means any artificial intelligence model, API, service, or provider that you connect to the Services using your own credentials, account, or third-party relationship.
- “Customer Data” means any prompts, instructions, text, files, images, code, configuration, content, records, data, or other materials that you or your Users input, upload, submit, connect, store, host, transmit, or generate through the Services, including data made available through your Apps and data relating to your End Users.
- “Documentation” means our user guides, help materials, and product documentation that we make available for the Services.
- “End User” means any person or entity that accesses, uses, purchases from, subscribes to, or otherwise interacts with an App you create or operate using the Services.
- “Exported App” means any App, code, configuration, package, or related artifact that you export, download, or deploy outside of the TrainedApps-hosted environment.
- “Fees” means subscription fees, usage fees, Boost charges, and any other amounts payable for the Services.
- “Management Tools” means the administration, customer, subscription, settings, support, content, analytics, or operational features we make available for Apps.
- “Order Form” means any ordering document, proposal, checkout flow, invoice, or other commercial document that identifies your plan, fees, or special terms.
- “Pricing Page” means the pricing page or other billing screen we publish for the Services, as updated from time to time.
- “Sensitive Data” means special category or sensitive personal data, protected health information, payment card data subject to PCI-DSS, government-issued identification numbers, biometric data used for unique identification, children’s data subject to heightened legal restrictions, precise geolocation data requiring special treatment, financial account credentials, and any other data that requires enhanced treatment under applicable law.
- “Subscription Term” means the period during which you are authorized to use a paid plan, whether monthly, annual, or as otherwise specified in your Order Form.
- “Third-Party Services” means third-party products, services, software, infrastructure, models, APIs, payment processors, domains, hosting providers, analytics tools, or integrations that interoperate with or are used in connection with the Services.
- “TrainedApps Materials” means the Services, website, builder, Management Tools, Documentation, templates, interfaces, software, designs, technology, models, algorithms, databases, TrainedApps branding, and all improvements, modifications, and derivative works of the foregoing, excluding Customer Data and, as between you and us, Generated Apps and Generated Output.
- “Usage Data” means telemetry, logs, performance metrics, diagnostics, product analytics, billing and metering records, and other technical data generated by or in connection with your use of the Services.
- “Users” means your employees, contractors, agents, clients, or other persons whom you authorize to access or use the Services through your Account.
2. Eligibility; Account Registration; Authority
2.1 Eligibility
You must be at least eighteen (18) years old, or the age of majority in your jurisdiction if higher, to use the Services. You may not use the Services if you are barred from doing so under applicable law.
2.2 Registration Information
You agree to provide accurate, current, and complete registration, billing, and contact information, and to keep that information updated.
2.3 Account Security
You are responsible for all activity that occurs under your Account, including activity by your Users. You must maintain the confidentiality of your credentials and promptly notify us of any unauthorized access, security incident, or suspected compromise.
2.4 Users and Client Work
You may authorize Users to access the Services, and you may use the Services to build or operate Apps for yourself, your organization, or your clients. You are responsible for all acts and omissions of your Users and clients in connection with the Services and any Apps. If you create or manage an App for a client, you represent that you have authority to act for that client and to provide any relevant Customer Data.
3. The Services; Right to Use; Changes
3.1 Limited Right to Use
Subject to these Terms and payment of applicable Fees, TrainedApps grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the applicable Subscription Term to access and use the Services solely to create, configure, generate, host, manage, launch, export, and operate Apps for your own lawful business purposes and, where applicable, for your clients and End Users.
3.2 Reservation of Rights
Except for the limited rights expressly granted in these Terms, we reserve all rights, title, and interest in and to the TrainedApps Materials.
3.3 Service Changes
We may add, remove, modify, update, suspend, or discontinue any feature or part of the Services at any time. We will use commercially reasonable efforts to provide advance notice of material adverse changes to paid core features, except where the change is necessary for security, legal compliance, abuse prevention, or urgent technical reasons.
3.4 Plan Limits and Availability
Your access to features, hosting options, custom domains, branding controls, export functionality, capacity, and support may depend on your plan, Order Form, or then-current product configuration.
3.5 Beta and Pre-Release Features
We may label certain features as beta, preview, early access, pilot, alpha, or similar (“Pre-Release Features”). Pre-Release Features are provided for evaluation purposes, may be incomplete, may change or be withdrawn at any time, and may be subject to additional terms.
4. Subscriptions, Fees, Credits, and Billing
4.1 Paid Plans
Paid plans begin when you complete checkout or otherwise enter into an Order Form with us and continue for the applicable Subscription Term unless earlier terminated in accordance with these Terms.
4.2 Auto-Renewal
Unless your Order Form states otherwise, paid subscriptions renew automatically for successive terms equal to the initial Subscription Term unless you cancel before the renewal date.
4.3 Fees and Taxes
You agree to pay all Fees when due. Fees are exclusive of taxes, levies, duties, or similar governmental assessments, all of which are your responsibility except taxes based on our net income.
4.4 Payment Processor; Billing Records
Payments may be processed by one or more Third-Party Services, including a payment processor we designate. By purchasing the Services, you agree to the applicable payment processor terms in addition to these Terms. Our metering, invoices, and balances may rely on records generated by us or our payment processor, and those records will control absent manifest error.
4.5 Builder Credits and Usage Credits
The Services may use different credit balances for different actions.
- Builder Credits are used for generation, updates, major edits, rebuilds, or other build-time operations.
- Usage Credits are used when a live App uses AI features or other runtime consumption-based features.
- We may change the way credits are measured, consumed, or displayed, provided that we do not materially reduce paid entitlements during an active prepaid Subscription Term except as allowed by these Terms or required for legal, security, or abuse-prevention reasons.
4.6 Credit Nature
Credits are a contractual usage mechanism only. They are not bank deposits, stored value, electronic money, property, or a financial instrument, do not accrue interest, and are not redeemable for cash except where required by law.
4.7 Credit Reset; Rollover
Unless an Order Form or in-product disclosure expressly states otherwise:
- monthly plan allocations reset each billing cycle;
- unused included monthly credits do not roll over;
- free or promotional credits may expire sooner and may be modified or withdrawn at any time; and
- credits associated with a canceled, downgraded, or terminated subscription may be forfeited at the end of the then-current billing cycle or earlier upon termination for cause.
4.8 Boosts and Top-Ups
We may offer Boosts or other paid top-ups for additional capacity. The quantity, price, availability, expiration rules, and eligible plans for Boosts will be stated on the Pricing Page, at checkout, or in-product. Unless we expressly state otherwise, Boosts are non-refundable and non-transferable.
4.9 Free Plans; Trial Access; 24-Hour Full Run
We may offer free plans, free trials, promotional access, or a time-limited unlimited generation session for a single App or project. Any such offer may be modified, limited, or withdrawn at any time. We may set usage caps, project restrictions, eligibility conditions, anti-abuse rules, or technical limitations for these offers. Abuse of free or promotional access is a material breach of these Terms.
4.10 Estimates and Approval
The Services may show estimated Builder Credit consumption before you confirm a generation or update. You are responsible for reviewing the estimate before approving the action. If we expressly commit in-product or on the Pricing Page to cap an overage above a stated threshold, we will honor that commitment for the specific action to which it applies. Otherwise, displayed estimates are informational only and not a fixed quote.
4.11 Reaching Your Limit
If you exhaust your included credits or other plan entitlements, we may: (a) prevent further billable actions until the next cycle begins; (b) require you to purchase Boosts or upgrade; (c) continue service at then-current overage or usage rates if that option is made available to you in-product or by Order Form; or (d) pause specific features that depend on exhausted credits.
4.12 Plan Changes
You may upgrade your plan at any time, and the upgrade may take effect immediately with prorated or immediate charges as disclosed at checkout. Unless otherwise disclosed, downgrades and cancellations take effect at the start of the next billing cycle.
4.13 Refunds
Except as required by applicable law or expressly stated by us in writing, Fees are non-refundable.
5. Apps, Hosting, Client Work, and End Users
5.1 Your Apps
You may use the Services to create and operate Apps, including customer-facing services, internal tools, dashboards, portals, AI-powered products, and other software experiences. You are solely responsible for the design choices, configuration, content, workflows, business rules, offers, outputs, and operation of your Apps.
5.2 Responsibility for Published Apps
You are solely responsible for any App you publish, host, or operate using the Services, including:
- ensuring the App is lawful and appropriate for its intended use;
- testing the App before launch and after changes;
- establishing and maintaining your own end-user terms, privacy notice, cookie notice, and other required disclosures;
- obtaining all notices, rights, consents, and permissions needed for your App and any data it collects or processes;
- handling subscriptions, billing, taxes, refunds, customer service, moderation, disputes, and compliance obligations relating to your End Users; and
- responding to End User claims, rights requests, complaints, and regulatory inquiries.
5.3 Our Relationship to End Users
We are not a party to the relationship between you and your End Users unless we expressly state otherwise in writing. We have no direct obligations to your End Users under these Terms, and you are solely responsible for your interactions with them.
5.4 Client Projects
If you use the Services for a client, you are responsible for your arrangements with that client, including project ownership, access handover, billing, privacy, support, and compliance. Unless we expressly agree otherwise, our relationship is with you, not your client.
5.5 Hosting and Operations
If we host an App as part of the Services, we provide hosting as a feature of the Services and not as a warranty of uninterrupted or error-free operations. You remain responsible for App-level configuration, content, access controls, integrations, and compliance. If you export or self-host an App, you become fully responsible for hosting, deployment, infrastructure, security, monitoring, backups, and legal compliance outside our environment.
6. Customer Data; Privacy; Data Protection
6.1 Ownership of Customer Data
As between you and TrainedApps, you retain all right, title, and interest in and to your Customer Data.
6.2 License to Customer Data
You grant TrainedApps and its subprocessors a non-exclusive, worldwide, royalty-free right during the applicable Subscription Term, and thereafter for any retention period permitted under these Terms or required by law, to access, host, store, reproduce, transmit, display, modify, adapt, process, and otherwise use Customer Data as necessary to:
- provide, operate, maintain, secure, and improve the Services;
- create and deliver Generated Apps and Generated Output;
- provide support, troubleshooting, analytics, metering, and reporting;
- detect, prevent, and investigate abuse, fraud, security incidents, or violations of these Terms; and
- comply with applicable law, legal process, or governmental request.
6.3 Your Responsibilities for Customer Data
You represent and warrant that:
- you own or otherwise have all rights, consents, permissions, and legal bases needed to provide the Customer Data to us and to use it with the Services;
- your Customer Data, Apps, and use of the Services do not violate applicable law, third-party rights, contractual restrictions, or these Terms; and
- unless we expressly agree in writing and the required safeguards are in place, you will not submit or use Sensitive Data with the Services.
6.4 Privacy Policy and DPA
Our Privacy Policy explains how we process personal data for our own purposes. To the extent we process personal data on your behalf as a processor or service provider, the DPA will apply where required by law or agreed by the parties. As between the parties, you are responsible for determining whether a DPA is required for your use case and for executing any required DPA with us.
6.5 End User Data and Notices
If your Apps collect or process End User data, you are responsible for providing appropriate notices and obtaining any required consents from End Users. You are also responsible for setting retention periods, responding to End User requests, and determining the lawful basis for any data processing carried out through your Apps.
6.6 Usage Data; De-Identified Information
We may collect and use Usage Data to operate, support, secure, measure, bill, analyze, and improve the Services. We may also create and use aggregated or de-identified data that does not identify you or any individual for lawful business purposes.
7. Ownership; Generated Apps and Output; Feedback
7.1 TrainedApps Materials
We and our licensors own all right, title, and interest in and to the TrainedApps Materials. No rights are granted to you other than as expressly stated in these Terms.
7.2 Your Generated Apps and Generated Output
As between you and TrainedApps, and subject to the rights of our licensors and any applicable Third-Party Services, you own your Customer Data and the Generated Apps and Generated Output produced for you through the Services. This ownership does not extend to the TrainedApps Materials or to third-party tools, models, code, data, or content incorporated into or required by the Services.
7.3 Similarity of Output
Because machine learning and software generation processes are probabilistic and may rely on shared models, templates, libraries, and common patterns, Generated Output may not be unique. Other users may receive identical or similar output.
7.4 Third-Party and Open-Source Components
Generated Apps or Exported Apps may include or depend on third-party or open-source components, libraries, APIs, or services. Your use of such components is subject to the applicable third-party terms or open-source licenses, and you are responsible for complying with them.
7.5 Usage Data
We own all Usage Data generated by or in connection with your use of the Services. We may use Usage Data for any business purpose, including monitoring, analytics, benchmarking, improving the Services, and developing new features or offerings.
7.6 Feedback
If you provide suggestions, ideas, improvement requests, or other feedback relating to the Services (“Feedback”), you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free right to use, modify, disclose, publish, and exploit that Feedback for any lawful purpose without restriction or compensation.
8. AI Services; Connected Models; Human Review
8.1 AI Features
The Services may use artificial intelligence and machine learning systems, including third-party models, to generate content, code, workflows, configurations, recommendations, and other output.
8.2 Data Sent to AI Providers
To provide AI-related features, prompts, instructions, and related Customer Data may be transmitted to Third-Party Services, including AI model providers and infrastructure providers. Your use of AI-related features authorizes that transmission as necessary to provide the Services.
8.3 Connected Models and Bring-Your-Own-Model Use
If the Services allow you to connect your own models, APIs, or AI provider accounts:
- you are solely responsible for the credentials, configuration, cost, throughput, availability, and legal compliance of those Connected Models;
- your use of a Connected Model is subject to the provider’s terms, policies, and technical limits;
- we are not responsible for charges billed to you by the Connected Model provider; and
- outages, errors, safety issues, or restrictions affecting a Connected Model are outside our reasonable control.
8.4 Human Review Required
You are solely responsible for reviewing, testing, validating, and approving any AI-generated or AI-assisted output before using it in production, launching an App, showing it to End Users, or relying on it for business decisions.
8.5 AI Disclaimer
AI-generated output may be inaccurate, incomplete, biased, offensive, insecure, non-compliant, or unsuitable for your intended purpose. AI-generated output may also omit important context or contain code defects, security vulnerabilities, or incorrect statements. You must not rely on AI-generated output as the sole basis for legal, medical, employment, credit, insurance, housing, safety, or other high-impact decisions.
8.6 Model Training Position
We may use Usage Data and aggregated or de-identified information to improve the Services. We will not use Customer Personal Data submitted to the Services to train generalized models except as disclosed in the Privacy Policy, in-product notice, or a separate written agreement with you.
9. Custom Domains, Branding, and Export
9.1 Feature Availability
Custom domains, branding controls, white-label or badge-removal options, and App export may be available only on eligible plans or under an Order Form.
9.2 Custom Domains
If you connect a custom domain to an App:
- you represent that you have the right to use that domain;
- you are responsible for domain registration, renewal, DNS configuration, and any third-party domain provider relationship;
- you are responsible for the legality of the content presented on that domain; and
- we may suspend or disconnect the domain if necessary for security, abuse prevention, legal compliance, or technical integrity.
9.3 Branding
If your plan permits removal of TrainedApps branding or badges, you may do so only in accordance with the features made available to you. You may not imply that TrainedApps endorses your App, business, or content unless we expressly agree in writing.
9.4 Export Rights
If your plan permits App export, you may export eligible Apps and use the resulting Exported Apps for your own lawful business purposes, subject to these Terms and any third-party licenses included with or required by the export.
9.5 Responsibility After Export
Once an App is exported or deployed outside the TrainedApps-hosted environment, you are solely responsible for hosting, operation, maintenance, monitoring, security, support, data protection, incident response, legal compliance, and all interactions with End Users relating to that Exported App.
9.6 No Obligation to Support Exported Apps
Unless we expressly agree otherwise in writing, we have no obligation to maintain backward compatibility for Exported Apps, to re-import them into the Services, or to provide support for environments outside the Services.
10. Acceptable Use and Restrictions
You and your Users may not, and may not permit or assist any third party to:
- use the Services, any Generated App, or any Generated Output in violation of applicable law or these Terms;
- upload, generate, host, or distribute unlawful, infringing, fraudulent, deceptive, abusive, harassing, defamatory, discriminatory, hateful, or sexually exploitative content, including content that exploits or harms minors;
- use the Services to create malware, spyware, phishing tools, credential theft tools, exploit kits, unauthorized surveillance tools, or other malicious code or harmful activity;
- interfere with, disrupt, scan, probe, or attempt to gain unauthorized access to the Services or any related systems, networks, or accounts;
- reverse engineer, decompile, disassemble, translate, or attempt to derive source code, models, algorithms, or non-public aspects of the Services, except to the limited extent such restriction is prohibited by applicable law;
- copy, frame, mirror, sell, rent, lease, sublicense, resell, or otherwise commercially exploit the Services as a standalone platform, service bureau, or managed development service, except as expressly authorized by us in writing;
- use the Services, Generated Output, or Documentation to build, train, or improve a competing platform, model, or service, or to benchmark or publicly compare the Services without our prior written consent;
- circumvent or attempt to circumvent plan limits, security features, usage controls, metering, or access restrictions, including by creating multiple free accounts or abusing free or promotional offers;
- use automated scraping, crawling, extraction, or harvesting techniques against the Services except through interfaces expressly permitted by us;
- submit Sensitive Data without our prior written approval and any required supplemental terms;
- use the Services or any App in high-risk or regulated contexts where failure could lead to death, bodily injury, significant property damage, or legally significant outcomes, unless we expressly authorize the use in writing and you implement all required safeguards and compliance controls;
- use the Services to provide regulated professional services, such as legal, medical, or financial advice, without the required licenses, approvals, supervision, and disclosures;
- violate the terms of any Third-Party Services or Connected Models used with the Services; or
- remove proprietary notices from the Services or misrepresent the origin, sponsorship, or ownership of the Services or any App.
We may investigate suspected violations and take any action we deem appropriate, including suspension, removal of content, disabling of Apps, reporting to authorities, or termination.
11. Security; Third-Party Services; Backups
11.1 Security Measures
We will implement reasonable administrative, technical, and organizational measures designed to protect the Services and Customer Data, taking into account the nature of the Services and the information involved. Additional details may be described in our Security materials.
11.2 No Absolute Security
No system is completely secure. You acknowledge that the internet and cloud environments involve inherent risks, and we do not guarantee that the Services or any App will be free from breaches, vulnerabilities, malware, downtime, or unauthorized access.
11.3 Your Security Responsibilities
You are responsible for maintaining appropriate account security, role-based permissions, credential hygiene, device security, and independent backups appropriate to your use case. You should maintain separate backups of any critical Customer Data and of any Exported Apps.
11.4 Third-Party Services
The Services may interoperate with or depend on Third-Party Services. We do not endorse, control, or assume responsibility for Third-Party Services, and we are not liable for their acts, omissions, downtime, pricing, data handling, or terms.
12. Suspension; Termination; Data Retention
12.1 Suspension
We may suspend or restrict your access to the Services, your Account, specific Users, specific Apps, custom domain connections, or particular features immediately if we reasonably believe:
- you have breached these Terms;
- your use poses a security risk or legal risk;
- your use is abusive, fraudulent, or harmful to us, the Services, or others;
- payment is overdue;
- continued service could expose us or others to liability; or
- we are required to do so by law or a Third-Party Service provider.
12.2 Termination by You
You may stop using the Services at any time. Unless otherwise stated in your Order Form, cancellation of a paid subscription takes effect at the end of the current billing cycle.
12.3 Termination by Us
We may terminate these Terms or your access to all or part of the Services for convenience upon reasonable prior notice, and immediately for cause if you materially breach these Terms or if continued service is not commercially, legally, or technically feasible.
12.4 Effect of Termination
Upon termination or expiration:
- your right to access and use the Services ends, except for any limited access we choose to provide for data retrieval;
- you remain responsible for all Fees incurred through the effective date of termination;
- unused included subscription credits are forfeited unless applicable law requires otherwise or we expressly state otherwise in writing;
- any ongoing hosting, custom domain connection, or live App operation through the Services may stop; and
- Sections that by their nature should survive will survive, including ownership, disclaimers, indemnities, limitations of liability, dispute provisions, and payment obligations accrued before termination.
12.5 Data Retrieval and Deletion
During the Subscription Term, you are responsible for exporting or backing up your Apps and Customer Data as needed. After termination or expiration, we may delete Customer Data and Apps after a reasonable retention period determined by us, unless a different period is stated in an Order Form, DPA, or applicable law requires otherwise.
13. Warranties Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, TRAINEDAPPS MATERIALS, MANAGEMENT TOOLS, HOSTING, GENERATED APPS, GENERATED OUTPUT, PRE-RELEASE FEATURES, AND ALL RELATED CONTENT OR FUNCTIONALITY ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, COMPATIBILITY, AVAILABILITY, SECURITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICES OR ANY APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, FREE OF MALWARE OR OTHER HARMFUL COMPONENTS, OR THAT ANY GENERATED OUTPUT WILL BE ACCURATE, COMPLETE, UNIQUE, LAWFUL, OR SUITABLE FOR YOUR USE CASE.
YOU ACKNOWLEDGE THAT GENERATED APPS AND GENERATED OUTPUT MAY CONTAIN DEFECTS, SECURITY VULNERABILITIES, OR COMPLIANCE ISSUES AND MUST BE TESTED AND REVIEWED BY YOU BEFORE DEPLOYMENT OR USE.
14. Indemnification
You will defend, indemnify, and hold harmless TrainedApps, its affiliates, licensors, service providers, and their respective officers, directors, employees, and agents from and against any third-party claims, demands, investigations, actions, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable legal fees) arising out of or relating to:
- your Customer Data, Apps, End User data, Generated Output, or use of the Services;
- your violation of these Terms, applicable law, or third-party rights;
- your use of Connected Models or Third-Party Services;
- claims by your End Users or clients relating to your Apps, subscriptions, services, offers, content, or business practices; or
- your negligent acts, willful misconduct, fraud, or misuse of the Services.
We may control the defense and settlement of any indemnified claim, and you will reasonably cooperate with us at your expense.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- NEITHER TRAINEDAPPS NOR ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- TRAINEDAPPS WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THIRD-PARTY SERVICES, CONNECTED MODELS, DOMAIN PROVIDERS, PAYMENT PROCESSORS, OR FROM YOUR APPS, END USERS, CLIENTS, OR CUSTOMER DATA.
- OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) IF YOU HAVE NOT PAID US ANY FEES, ONE HUNDRED U.S. DOLLARS (US$100).
Nothing in these Terms excludes or limits liability to the extent such liability cannot be excluded or limited under applicable law.
16. Governing Law; Disputes
These Terms and any non-contractual disputes arising out of or relating to them or the Services will be governed by the laws of Hungary, excluding its conflict-of-laws rules.
The parties agree that the courts located in Budapest will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, except that TrainedApps may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property, confidential information, or security interests.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING AGAINST THE OTHER.
If you are a consumer, nothing in these Terms limits any mandatory consumer rights or forum rights that apply to you under applicable law.
17. Changes to the Terms and Services
We may update these Terms from time to time. If we make a material change, we will provide notice by posting the updated Terms, sending an email, presenting an in-product notice, or by another reasonable means. Unless we state otherwise, the updated Terms become effective upon posting. Your continued use of the Services after the effective date of the updated Terms constitutes acceptance of the updated Terms.
18. Miscellaneous
18.1 Export Controls and Sanctions
You may not use the Services in violation of export control, sanctions, or trade laws. You represent that you are not located in, organized under the laws of, or ordinarily resident in a country or territory subject to comprehensive sanctions that would prohibit your use of the Services, and that you are not on any denied-party list that would prohibit such use.
18.2 Assignment
You may not assign or transfer these Terms without our prior written consent, except in connection with a merger, acquisition, or sale of substantially all of your assets relating to these Terms. We may assign these Terms without restriction in connection with a merger, acquisition, corporate reorganization, or sale of assets.
18.3 Force Majeure
We are not liable for delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, labor disputes, internet or utility failures, cyberattacks, war, terrorism, civil unrest, pandemics, governmental actions, or failures of Third-Party Services.
18.4 Independent Contractors
The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, fiduciary, employment, or agency relationship between the parties.
18.5 Waiver
A failure or delay by either party to enforce any provision of these Terms is not a waiver of that provision.
18.6 Severability
If any provision of these Terms is held unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force and effect.
18.7 Entire Agreement
These Terms, together with any incorporated policies, the Privacy Policy, any DPA, and any applicable Order Form, constitute the entire agreement between you and TrainedApps regarding the Services and supersede all prior or contemporaneous agreements, understandings, and communications regarding the Services.
18.8 Notices
You consent to receive notices from us electronically, including by email, in-product notification, or posting to the Services. Notices to TrainedApps must be sent to [email protected].
18.9 Contact
For general support inquiries, please use the support or contact channels identified on the website or in the Services. For legal notices, use the notice details above.