Terms and Conditions
By using the Clanker application ("the App") developed by Equational Applications LLC, you agree to be bound by the following terms and conditions:
1. Use of the App
The App is intended for personal, non-commercial use only. You may use the App to create and chat with AI characters powered by Google Vertex AI. The App also uses React Native, Firebase Auth, Cloud SQL, and Google Cloud Functions to provide you with a seamless user experience. You may use the App for as long as you comply with these terms and conditions.
2. User Content
All content generated by you in the App, including chat history, is your property. You grant Equational Applications LLC a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the App and Equational Applications LLC's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
3. Privacy Policy
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and disclose your personal information.
4. Payment and Subscription
The App is available for free with limited credits. Credits from signup are available immediately and do not expire. Paid credits may be obtained through a monthly plan or a one-time pack purchase. Monthly plan credits renew each billing cycle and expire at the end of that cycle. One-time pack credits expire 31 days after purchase. You may cancel your monthly subscription at any time; cancellation will be effective at the end of the current billing period. For purchases made through the Apple App Store, billing, auto-renewal, cancellation timing, and refunds are governed by Apple App Store terms and Apple's Standard EULA. Apple Standard EULA: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
5. Intellectual Property
The App and its contents, including but not limited to text, graphics, images, logos, button icons, software, and audio clips, are the property of Equational Applications LLC or its licensors and are protected by copyright, trademark, and other laws. You may not copy, modify, reproduce, upload, transmit, distribute, sell, or create derivative works based on the App or any part thereof without the express written permission of Equational Applications LLC.
6. Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. EQUATIONAL APPLICATIONS LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EQUATIONAL APPLICATIONS LLC DOES NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. YOU AGREE THAT YOUR USE OF THE APP IS AT YOUR OWN RISK.
7. Limitation of Liability
EQUATIONAL APPLICATIONS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF EQUATIONAL APPLICATIONS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP.
8. Indemnification
You agree to indemnify, defend, and hold Equational Applications LLC, its affiliates, and their respective officers, directors, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, due to or arising out of your use of the App, your User Content, your violation of these terms and conditions, or your violation of any rights of another.
9. Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Michigan without regard to its conflicts of law provisions.
10. Dispute Resolution
Any disputes arising out of or relating to these terms and conditions or the App shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Grand Rapids, Michigan, and shall be conducted in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
11. Amendments
Equational Applications LLC reserves the right to modify these terms and conditions at any time, in its sole discretion. Any changes will be effective immediately upon posting the revised terms and conditions on the App. Your continued use of the App following the posting of changes to these terms and conditions constitutes your acceptance of those changes.
12. Termination
Equational Applications LLC may terminate your use of the App at any time, for any reason or no reason, without notice to you. Upon termination, you must immediately cease all use of the App and delete all copies of the App from your device.
13. Severability
If any provision of these terms and conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14. Entire Agreement
These terms and conditions constitute the entire agreement between you and Equational Applications LLC with respect to the use of the App, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Equational Applications LLC.
By using the App, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, do not use the App.
View Apple Standard EULA