Terms And Conditions

Last Updated: March 17, 2025

These terms and conditions ("Terms") govern your use of the mobile application (the "Application") developed by EUDAI SKY LLC, a company based in New York City, New York ("Company," "we," "us," or "our"). By downloading, accessing, or using the Application, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to any part of these Terms, you must immediately discontinue use of the Application.

1. Usage and Licensing

Upon purchase, you are granted a non-exclusive, non-transferable license to use the Application for personal, non-commercial purposes, subject to these Terms. This license does not constitute ownership of the Application. "Lifetime access" refers solely to the lifetime of the Application, meaning the duration for which we continue to make the Application available. We do not guarantee perpetual availability and reserve the right to modify, discontinue, or terminate the Application at any time at our sole discretion. You agree not to use the Application for any unlawful or prohibited activities. We reserve the right to monitor usage and terminate access for any violations of these Terms.

2. User Obligations

Users are responsible for maintaining the confidentiality of their account information and any actions taken under their account. You agree to: a) Provide accurate and complete information when creating an account; b) Update your information promptly if any changes occur; c) Use the Application only for lawful purposes and in accordance with these Terms; d) Not share your account credentials with any third party; e) Notify us immediately of any unauthorized use of your account or any other security breach.

3. Intellectual Property

All content, features, and functionality of the Application, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of EUDAI SKY LLC or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

4. Limitation of Liability

To the fullest extent permitted by applicable law, we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising from your use or inability to use the Application. We provide the Application "as is" and "as available," without warranties of any kind, either express or implied.

5. Privacy

Any personal data collected by the Application will be used in accordance with our Privacy Policy, which you can access through this link: Privacy Policy or through the website navigation menu. By using the Application, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.

6. Termination

We reserve the right to suspend, disable, or terminate your access to the Application at our sole discretion, without notice, for any reason, including but not limited to a violation of these Terms. Upon termination, all rights granted to you under these Terms will immediately cease.

7. Changes to Terms

We reserve the right to modify or update these Terms at any time. When changes are made, we will update the "Last Updated" date at the top of this page. It is your responsibility to regularly review the Terms. By continuing to use the Application after changes to these Terms are posted, you agree to be bound by the updated Terms. If you do not agree with any changes, you must stop using the Application.

8. Indemnification

You agree to indemnify, defend, and hold harmless EUDAI SKY LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Application; (ii) your violation of these Terms; (iii) your violation of any third-party rights, including without limitation any copyright, property, or privacy right.

9. Dispute Resolution and Arbitration

a) Informal Dispute Resolution

Before initiating any arbitration or legal action, you agree to first contact us about any dispute or issue related to these Terms or the Application. Both you and EUDAI SKY LLC agree to make good faith efforts to resolve any dispute or issue directly through consultation and good faith negotiations. This informal dispute resolution process will be a precondition to either party initiating arbitration or any other legal action.

To initiate this process, please send a detailed description of your concern or dispute to Modesapp.help@gmail.com with the subject line "Dispute Resolution Request". We will respond to your request within 15 business days and work diligently with you to find a mutually satisfactory resolution. This informal resolution period shall extend for at least 60 days from your initial contact with us before either party may initiate arbitration.

b) Arbitration Process

If we are unable to resolve the dispute through the informal process described above, then any disputes, claims, or controversies arising out of or relating to these Terms or the use of the Application shall be resolved by binding arbitration, rather than in court, except as set forth below. The arbitration will be conducted under the rules of the American Arbitration Association (AAA) in New York City, New York, in English. Both parties agree to share the costs equally, except as may be provided under the applicable arbitration rules.

c) Exceptions

You and we agree that either party may bring claims in small claims court in New York City if the dispute qualifies. Additionally, you and we agree that you or we may bring a lawsuit solely to seek injunctive relief to stop unauthorized use or abuse of the Application, or intellectual property infringement.

d) Waiver of Jury Trial and Class Actions

By agreeing to arbitration, you and we are giving up the right to a jury trial. You and we also agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

e) 30-Day Opt-Out Period

You have the right to opt-out of this arbitration agreement by notifying us in writing within 30 days of first accepting these Terms. To opt-out, you must send your name, address, email address, and a clear statement that you want to opt out of this arbitration agreement to: 2133 Madison Avenue Suite 3C, New York NY 10037 and Modesapp.help@gmail.com.

10. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any legal action or proceeding related to the Application that is not subject to arbitration shall be brought exclusively in the state or federal courts located in New York City, New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.

11. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

12. Entire Agreement

These Terms constitute the entire agreement between you and EUDAI SKY LLC regarding the use of the Application, superseding any prior agreements between you and EUDAI SKY LLC relating to your use of the Application.

13. Contact Us

If you have any questions, concerns, or requests regarding these Terms or the Application, please contact us at:

EUDAI SKY LLC, 2133 Madison Avenue Suite 3C New York NY 10037 and/or Modesapp.help@gmail.com