END USER LICENSE AGREEMENT
ISSUED Pınar Koçak (“Slideshow Video Maker”, or “Genesis AI”, or “application”, or “app” or “we” or “us”)
Last updated 11 August 2024
THIS END USER LICENSE AGREEMENT (“EULA”) APPLIES TO AND GOVERNS ALL USE OF GENESIS AI STUDIO/ SLIDESHOW VIDEO MAKER PUBLISHED BY PINAR KOCAK.
PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING, DOWNLOADING, PURCHASING OR INSTALLING. BY DOWNLOADING OR USING GENESIS AI STUDIO/ SLIDESHOW VIDEO MAKER YOU ARE AGREEING TO BE BOUND BY AND BECOME A PARTY TO THIS EULA AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, YOU MAY NOT USE, DOWNLOAD OR INSTALL THE APPLICATION.
This EULA constitutes the entire agreement between us and you in respect of the Genesis AI/ Slideshow Video Maker.
Pınar Koçak is located in Turkey, Istanbul. If you have any queries concerning this EULA you may contact us at support@genesisaistudio.com.
You are responsible for ensuring that you have that the device you use has sufficient system requirements and memory in order to use and store the Genesis AI/ Slideshow Video Maker. The Application are licensed, not sold. Your license confers no title or ownership in the application. The application are solely for use by end users according to the terms of this EULA. Any use, reproduction or redistribution of the applicaion not in accordance with the terms of this EULA is expressly prohibited.
LIMITED USE LICENSE.
Pınar Koçak hereby grants a limited, non-exclusive right and license to download, install and use the Application for your personal, non-commercial use only on compatible devices that are owned by you, subject to the terms of this EULA. This EULA and your use of the Application do not give you any rights of ownership in any property whether tangible or intangible (including in any Virtual Item).
END USER OBLIGATIONS.
2.1 You may use the Application for your own personal, non-commercial use as described in this EULA but you are not entitled to and must not do any of the following except to the extent expressly permitted by this EULA:
2.1.1 sell, copy, reproduce, translate, communicate, reverse engineer, publish, stream, distribute, rent, loan, sub-licence, derive source code from, modify, adapt, merge, disassemble, decompile, create derivative works based on or otherwise transfer or deal in copies or reproductions of the Application or any part or interest in it to other parties in any way except where a Applicaition expressly permits you to do so through sharing content in that Applicaition on social media;
2.1.2 engage in any act that we deems to be in conflict with the spirit or intent of the Application;
2.1.3 use the Application for any illegal or immoral purposes.
OWNERSHIP.
3.1 All right, title, interest and ownership rights in the Application and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights (“Intellectual Property Rights”) belong to and vest in us or its licensors.
3.2 The Application may contain certain licensed materials. All trade marks are the property of their respective owners.
TERMINATION.
4.1 This EULA and the licence granted by it are effective until terminated.
4.2 You may terminate this EULA at any time and for any reason by deleting and removing the Application from your device.
4.3 We may terminate this EULA if you fail to abide by any of the terms and conditions of this EULA at any time and for any reason or we reasonably suspect that you have failed to abide by any of the terms and conditions of this EULA. We may take any action it deems reasonable in its sole discretion against users who do not comply with the terms of this EULA.
WARRANTY AND LIMITATION OF LIABILITY.
5.1 WE WARRANTS THAT IT HAS USED AND WILL USE REASONABLE EFFORTS TO ENSURE THAT:
5.1.1 IT IS ENTITLED TO GRANT THE RIGHTS AND LICENCES GRANTED HEREUNDER; AND
5.1.2 THE APPLICATION WILL BE OF SATISFACTORY QUALITY.
5.2 EXCEPT AS SPECIFICALLY PROVIDED IN THIS EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:
5.2.1 APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR GUARANTEE OF ANY KIND (EXPRESS OR IMPLIED) OTHER THAN THOSE SET OUT IN THIS EULA;
5.2.2 WE ONLY ACCEPTS LIABILITY FOR DIRECT LOSS AS A RESULT OF ITS BREACH OF ITS WARRANTIES IN CLAUSE 5.1 ABOVE UNLESS OTHERWISE SET OUT IN THIS EULA;
5.2.3 WE AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL OR INDIRECT LOSS OR DAMAGE (SAVE TO THE EXTENT THAT DAMAGE TO YOUR DEVICE OR OTHER DIGITAL CONTENT WHICH YOU OWN IS CAUSED BY THE APPLICATION AS A RESULT
5.2.5 WE DONT NOT GUARANTEE THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN OR WILL BE CORRECTED,;
5.2.6 YOU INSTALL AND USE THE APPLICATION AT YOUR OWN RISK.
5.3 THIS EULA SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, OR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.
SEVERABILITY.
In the event that any provision of this EULA (including, without limitation, any restriction) shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA shall remain in full force and effect.
APPLICABLE LAW AND JURISDICTION.
7.1 This EULA and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Turkey shall have exclusive jurisdiction to settle any dispute or claim.
PREMIUM VERSION.
8.1 As part of and to enhance your use of the Application you may be able to obtain additional features (“Genesis Premium/Slideshow Video Pro”).
8.2 “Genesis Premium include (without limitation):
8.2.1 Remove Watermark
8.2.2 Export Feature
8.2.3 Share Feature
8.2.4 Change Model Feature
8.3 “Slideshow Video Pro include (without limitation):
8.3.1 Export Feature
8.3.2 Share Feature
8.4 Purchases of Premium/Pro versions are subject to this EULA and the terms of any third party app distribution platform through which your purchase is made. Purchases are made via Apple, Google or Amazon and not via us. To the extent that this EULA conflicts with such agreement between you and the relevant third party in respect of any purchase of Virtual Items, the terms of your agreement with the third party app distribution platform shall prevail.
8.5 To cancel a purchase you should contact the platform through which you made that purchase. If you cannot use premium/pro features due to an error or fault, you may still be charged. If this happens, please contact us as set out below and we will endeavour to rectify the issue and if we are unable to do so you may be entitled to a refund via the platform through which you made that purchase (i.e. Google, Apple or Amazon).
8.6 Your statutory rights are unaffected by this EULA.
CONSUMER RIGHTS.
9.1 These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law.
9.2 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
APPLE DEVELOPER TERMS
10.1 The following terms of this clause are the terms which we are required by Apple to notify you of and obtain your consent in respect of using the Mac&iOS version of the Application:
10.2 You and us acknowledge that this EULA is concluded between you and us only, and not with Apple Inc., nor any subsidiary or affiliate company of Apple Inc., (“Apple”). You also acknowledge that we are solely responsible for the Application and the content thereof.
10.3 Subject to your compliance with all conditions of this EULA we grant you a non-exclusive, personal, revocable, non-transferable license to use the Application on an iOS/Mac Product which you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service (https://www.apple.com/uk/legal/sales-support).
10.4 We are solely responsible for providing support and maintenance for the Application. You and us acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
10.5 You acknowledge that us, and not Apple, is responsible for addressing any claims you may have relating to the Application or your possession and/or use of the Application, including but not limited to:
10.5.1 product liability claims;
10.5.2 any claim that the Application fail to confirm to any applicable legal or regulatory requirement; and
10.5.3 claims arising under consumer protection or similar legislation.
10.6 You acknowledge that in the event of a third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, then we shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
10.7 You confirm that:
10.7.1 you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and
10.7.2 you are not listed on any US Government list of prohibited or restricted parties.
10.8 You acknowledge and agree that Apple are third party beneficiaries of this EULA, and that when you accept the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
INDEMNITY AND REMEDIES.
11.1 You hereby indemnify (agree to compensate), defend and hold harmless our affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the “Indemnified Parties“) harmless from and against any and all any liabilities, claims, costs and expenses (including legal expenses and lawyers’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this EULA or claims arising directly or indirectly from your use or misuse of the Application, and any negligent or improper use of your device, password and username; and / or any use otherwise than in accordance with the terms of this EULA. You shall fully cooperate with us in the defence of any such claim and we reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
11.2 You further agree that the subject matter of this EULA is of a unique character with special value and that we would be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief) with respect to breaches of this EULA, in addition to such other remedies as we may otherwise have available to it under applicable laws.
11.3 Our licensors shall be third-party beneficiaries under this EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
CHANGES TO THIS EULA
12.1 We may update the terms of this EULA from time to time for any reason by posting the updated version HERE. Every time you launch any of the Application on your device you are deemed to have accepted the terms of the EULA in place at that time. Accordingly, we suggest you check HERE for any updates to the EULA each time you launch any of the Application on your device.