Terms of Service

Introduction and Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Benekan Technologies LLC ("we," "us," or "our"), concerning your access to and use of the 9lives mobile application as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "App").

You agree that by accessing the App, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the App, and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the App from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Effective Date" of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the App after the date such revised Terms are posted.

Eligibility

The App is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the App. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the App.

In certain jurisdictions, such as the European Union and Australia, you must be at least 16 years of age to use the App. By using the App, you represent and warrant that you meet the applicable age requirements.

User Accounts and Security

To use most features of the App, you must register for an account. You agree to:

• Provide accurate, current, and complete information during the registration process
• Maintain and promptly update your account information
• Maintain the security of your password and accept all risks of unauthorized access to your account
• Promptly notify us if you discover or otherwise suspect any security breaches related to the App or your account

You are responsible for all activities that occur under your account, whether or not you know about them.

User-Generated Content

You are solely responsible for the content you create, post, or share on the App, including text, images, videos, templates, and workspace items ("User-Generated Content" or "UGC").

Ownership: You retain ownership of all intellectual property rights in your UGC. We do not claim any ownership rights to your content.

License Grant to Us: By posting UGC publicly on the App (e.g., on the "For You" feed or by sharing templates), you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your UGC in connection with the App and our business, including for promoting and redistributing part or all of the App. For example this means we can post users' content or profile for promotion of the app.

Workspace Content: Content created and stored within your private workspace remains your property and is not licensed to us unless you choose to share it publicly.

You agree not to create, post, store, or share any UGC that violates our Community Guidelines or these Terms. We are not responsible or liable for any UGC, and we do not endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any UGC.

Subscriptions and Payments

We offer premium features through automatically renewing subscriptions and consumable in-app purchases ("AI Credits"), which are managed through the Apple App Store or Google Play Store.

Subscriptions: Subscriptions are billed in advance on a recurring and periodic basis (such as weekly, monthly, or annually). Your subscription will automatically renew at the end of each billing cycle unless you cancel it through your App Store account settings at least 24 hours before the end of the current period.

AI Credits: AI Credits can be purchased as a one-time consumable or are included with a subscription. Purchased AI Credits do not expire. AI Credits included with a subscription reset at the beginning of each billing cycle and do not roll over.

Billing: All payments are processed by Apple (for iOS) or Google (for Android). You must provide a valid payment method to purchase subscriptions or AI Credits. By making a purchase, you authorize the applicable app store to charge you.

Expense Sheet Currency: Users will be assigned a default currency based on their region. Only users with a paid subscription ("Pro Users") will have the ability to manually change or customize the currency setting within the Expense Sheet feature.

Pricing: Pricing may vary by location. We reserve the right to change our subscription fees or AI Credit prices at any time.

AI and Automated Features Disclaimer

The App offers features that use artificial intelligence (AI) to generate content, such as flashcards, text enhancements, and other creative outputs. You acknowledge and agree that: AI-generated content is for informational and entertainment purposes only and does not constitute professional, financial, legal, or medical advice. You are solely responsible for any decisions or actions taken based on such content.

Disclaimer: AI-generated content is produced by machine learning models and may not be accurate, complete, or reliable. We do not warrant the accuracy of any AI-generated output. You should independently verify any information provided by these features before relying on it.

Optical Character Recognition (OCR)

The App includes an OCR feature intended for converting handwritten notes or non-copyrighted text in images to digital text. You agree to use this feature responsibly and acknowledge that: You are solely responsible for ensuring that any image or text you process using the OCR feature does not infringe upon the intellectual property rights of others.

Disclaimer: This feature is not intended for the mass extraction of copyrighted material.

Intellectual Property Rights

Unless otherwise indicated, the App is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the App (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

Prohibited Activities

You may not access or use the App for any purpose other than that for which we make the App available. The App may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the App, you agree not to: Violate our Community Guidelines, engage in any activity that is illegal, fraudulent, or harmful, attempt to reverse engineer any part of the App, use the App to send spam or unsolicited messages, interfere with the proper working of the App.

Termination

We may suspend or terminate your account and your access to the App at our sole discretion, without notice or liability, for any reason, including if you breach these Terms or our Community Guidelines.

You may terminate your account at any time by using the in-app account deletion feature. Upon termination, your right to use the App will immediately cease. Please refer to our Privacy Policy for information on our data retention practices after account deletion.

Disclaimers and Limitation of Liability

Disclaimers

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE APP AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE APP AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR FROM THE APP BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP.

Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. IF YOU HAVE NOT PAID US ANY AMOUNTS DURING SUCH PERIOD, OUR LIABILITY SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00).

CERTAIN STATE AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your User-Generated Content; (2) use of the App; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the App with whom you connected via the App.

Governing Law and Dispute Resolution

These Terms and your use of the App are governed by and construed in accordance with the laws of the State of Illinois applicable to agreements made and to be entirely performed within the State of Illinois, without regard to its conflict of law principles.

Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the state and federal courts located in Cook County, Illinois, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

Miscellaneous

These Terms and any policies or operating rules posted by us on the App constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Contact Us

In order to resolve a complaint regarding the App or to receive further information regarding use of the App, please contact us at: support@9livesapp.com

Benekan Technologies LLC