Ficra

" In connection with your use of the Services via an App Store application (an “ Apple Application ”): · Both you and Ficra acknowledge that the Terms of Service are concluded between you and Ficra only, and not with Apple, and that Apple is not responsible for the Apple Application or your Content; · The Apple Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Service as they are applicable to the Services; · You will only use the Apple Application in connection with an Apple device that you own or control; · You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Application; · In the event of any failure of the Apple Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Apple Application; · You acknowledge and agree that Ficra, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Apple Application; · You acknowledge and agree that, in the event of any third-party claim that the Apple Application or your possession and use of the Apple Application infringes that third party’s intellectual property rights, Ficra, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim; · You represent and warrant that you are not located in a country subject to a US Government embargo, or"

" We want you to have a great experience using the Services, but there are some rules to follow. When you use the Services, you promise not to connect to a Third-Party Service or use the Services in ways that: · Infringe or violate anyone’s intellectual property or other rights; · Violate any laws or regulations, including U.S. Export Administration Regulations (EAR) or International Traffic in Arms Regulations (ITAR); · Are harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; · Include information you know (or should know) is wrong, incomplete, or debatable without proper disclaimers; · Put your Account or anyone else’s at risk (like letting someone else log in as you); · Try to get passwords, account info, or other security information from other users; · Compromise computer network security or crack passwords or encryption codes; · Run mailing lists, Listserv, auto-responders, spam, or any processes that run when you’re not logged in or that interfere with how the Services work (including overloading our infrastructure); · “Crawl,” “scrape,” or “spider” any pages, data, or portions of the Services or Content (whether manually or automatically); or · Decompile, reverse engineer, or try to get the source code or underlying ideas behind the Services. If you violate any of these rules, we may terminate your right to use or access the Services immediately."

"Notwithstanding the foregoing, we may not immediately delete Content when others use it under applicable licenses, technical limitations prevent deletion, or retention is necessary to investigate illegal activity, protect our systems and users, comply with legal preservation obligations, or respond to judicial, administrative, law enforcement, or government requests. We retain such Content only as long as necessary for these purposes. As always, your personal data is subject to the terms of our Privacy Policy."

" The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The JAMS Rules are available on its website at https://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and Ficra each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate. If your claim does not exceed $25,000, you and Ficra agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and Ficra submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or Ficra, or deemed necessary by the arbitrator, you and Ficra agree that the hearing will be conducted telephonically or videographically. An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. "

" These Terms start on the earlier of when you begin using the Services or when you register or activate your account with us. Unless noted otherwise during your registration, your subscription will automatically renew for additional periods of the same length at our then-current prices. You can delete your account at any time by logging into the Services and following the instructions in the settings. Please note that if you delete your account, your subscription will continue until the end of the subscription period for which the applicable fees have been paid. Additionally, you may need to cancel any recurring subscriptions purchased via the Apple App Store or Google Play Store to avoid additional billing. If either party decides not to continue your subscription, either party can choose not to renew it by delivering notice to the other party at least thirty (30) days before your current subscription term ends. We can also terminate or suspend your account at any time for any reason, including if you breach these Terms. After termination, certain provisions of these Terms will continue to apply. This includes any payment obligations or indemnification requirements you have, limitations on our liability, terms about ownership or intellectual property rights, and dispute resolution terms."

" The Services may have both free and paid features. Paid features require a subscription, with fees and payment terms detailed on our registration page (“Registration Page”). By selecting a paid plan, you agree to pay the fees listed on the Registration Page. You agree to pay all fees on time according to the billing terms when payment is due. We reserve the right to adjust fees upon providing notice (either via email, a notification via the Services, or some other reasonable communication method). Your continued use of the Services after notice constitutes acceptance of the updated fees and terms. You’ll need to give us valid and current credit card information. You authorize us to charge your credit card for the Services as described on the registration page and/or posted on the Services. If the Services allow payment methods other than credit card, we’ll invoice you in advance according to the relevant page of the Services. If you don’t pay on time, we reserve the right to add a finance charge of 1.5% per month (or the maximum allowed by law if lower), plus all collection expenses including reasonable attorneys’ fees. While we hope you’ll love the Services, if you decide you want a refund, please note that all payments are generally final and non-refundable (except where our registration page says otherwise or applicable law requires it). If you bought or downloaded the Services through a third-party app store (like the Apple App Store or Google Play Store), their refund policies control—not ours. "

"You’ll need to request any refunds directly from the app store following their rules and procedures. Unless we say otherwise at checkout, listed prices exclude any sales, use, VAT, or similar taxes; where required we calculate and display these taxes at checkout based on your billing address, collect and remit them, and you agree to cover any additional amounts a taxing authority later determines should have applied (unless the shortfall is solely our error). If you claim a tax exemption, you must provide a valid exemption certificate before purchase, as taxes already paid are non-refundable."

" Your input is your Content and, as described above, you own your Content. Ficra retains ownership of all its AI-generated outputs. We grant you a limited, personal, revocable, non-exclusive license to use AI-generated outputs solely for your lawful purposes. You agree not to use any AI-generated output for harassment, impersonation, defamatory, discriminatory, or otherwise unlawful or prohibited purposes. AI-generated suggestions may be similar or identical to outputs provided to other users, depending on the inputs you and other users provide."

" We may use your interactions with the Services — such as instructions, task outcomes, and feedback — to improve and develop our Services, including enhancing the performance of our AI features. When we use data for these purposes, we apply appropriate safeguards, including de-identification and aggregation where practicable. You may opt out of having your data used for service improvement by contacting us at support@ficra.ai. Please note the following limitations on the opt-out: · Non-Retroactive. Opting out applies on a going-forward basis only. Interactions that occurred before your opt-out request may already have been incorporated into training data and cannot be individually removed. · Safety Retention. Regardless of your opt-out preference, we retain interaction data for up to 30 days for abuse monitoring, safety investigations, and compliance with our legal obligations. · Feedback Override. If you submit feedback on an interaction — such as rating a response, flagging an issue, or providing corrections — that interaction and the associated feedback may be used for service improvement even if you have otherwise opted out of training."

" Login credentials (e.g., usernames, passwords, authentication tokens) for third-party services and websites that you provide to enable our AI assistant to act on your behalf OAuth tokens and session data Account access permissions and scopes you authorize Service Providers (infrastructure and security providers) Third-Party Services (as necessary to perform tasks on your behalf)"

" We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze and improve the Services and promote our business."

" Your use of the Services is subject to our Acceptable Use Policy , which is incorporated into these Terms by reference. You agree to comply with the Acceptable Use Policy at all times, including with respect to any instructions you give your AI assistant and any actions the assistant takes on your behalf. While we’re not obligated to monitor user activity or content, we may do so for security purposes and to protect the safety of our users and others. We reserve the right to remove content, suspend accounts, or report illegal activity to appropriate authorities if we discover violations of these Terms or our Acceptable Use Policy."

" If you believe content uploaded to the Services infringes your copyright, please notify our designated DMCA agent: legal@ficra.ai . Include in your notification: (1) your physical or electronic signature; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the allegedly infringing material on the Services; (4) your contact information (name, address, phone number, email); (5) a statement that you have a good faith belief that use is unauthorized; and (6) a statement that the information provided is accurate, under penalty of perjury. Ficra reserves the right to terminate accounts of repeat infringers."

" We retain Personal Data only for as long as necessary to fulfill the purposes for which it was collected, provide our Services, comply with legal obligations, resolve disputes, and enforce our agreements."

"However, we are not responsible for the security practices, availability, or conduct of any Third-Party Service, and we disclaim all liability for any actions taken by Third-Party Services in response to your use of the Services, including account suspension or data loss. You may revoke access to any Third-Party Service at any time through your account settings. Revoking access will stop future agent activity on that service but will not undo actions already taken. Ficra is not affiliated with, endorsed by, or sponsored by any Third-Party Service. Our ability to interact with Third-Party Services may change at any time without notice, including as a result of changes those services make to their platforms or policies."

" Identifying information submitted by you in emails, messages, posts, survey responses or other content you share, post or upload to the Services Service Providers Parties You Authorize Your Employer (If you submit a company email)"

" We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data. For more information, please refer to the state-specific sections below. Service Providers. These parties help us provide the Services or perform business functions on our behalf. They include: Hosting, technology and communication providers."

" Marketing and Advertising Partners. We may share your Personal Data with marketing and advertising partners that assist us in promoting our Services, delivering targeted advertisements, and analyzing campaign effectiveness."