Software License and Service Agreement
IMPORTANT NOTICE TO USER:
Please read this document ("Agreement") carefully before accessing or using the social media automation and Conversational AI software ("Software") provided by Recovery Amped, LLC ("Recovery Amped"). By accessing or using the Software, you acknowledge that:
You have read and understood this Agreement. You agree to its terms.
This Agreement is a legal contract between Recovery Amped, LLC, located at 4555 S 3rd St. Louisville, KY 40214, and you, the user ("User" or "You"), regarding the provision of Recovery Amped's social media automation and Conversational AI software connected to OpenAI.
WHEREAS
, Recovery Amped specializes in providing social media automation and Conversational AI software solutions;
AND WHEREAS
, You wish to utilize Recovery Amped's Software for the purpose of enhancing your social media presence and engagement through automation and AI;
NOW, THEREFORE
, the parties hereto agree as follows:
SECTION 1: Software Access and Use
License Grant: Recovery Amped grants You a non-exclusive, non-transferable license to access and use the Software for your personal or internal business purposes, subject to the terms of this Agreement. Use of Software: You are entitled to use the Software for automating social media tasks and leveraging Conversational AI capabilities connected to Open AI, in accordance with the documentation provided by Recovery Amped. Subscription Fees: Access to and use of the Software is contingent upon payment of a subscription fee ("Subscription Fee"). The fee structure, including any recurring charges, shall be as outlined on Recovery Amped's website or as otherwise communicated to You. Term and Termination: This Agreement commences upon Your acceptance and payment of the Subscription Fee and will continue in effect until terminated by either party in accordance with the terms herein. Recovery Amped reserves the right to terminate this Agreement at any time with notice to you. No Refund Policy: Recovery Amped adheres to a strict no-refund policy for the Subscription Fee once paid. By agreeing to this Agreement, You acknowledge and accept this policy.
SECTION 2: No Warranties; Limitation of Liability
No Guarantees: Recovery Amped provides the Software "as is" and does not guarantee specific outcomes from its use. You bear the sole responsibility for your use of the Software and its results. Limited Liability: Recovery Amped shall not be liable for any indirect, special, incidental, or consequential damages, including loss of profits, arising out of or related to this Agreement or the use of the Software, to the fullest extent permitted by law.
SECTION 3: Confidentiality; Intellectual Property Rights
Confidentiality: You agree to maintain the confidentiality of any proprietary information obtained through the use of the Software. Intellectual Property: The Software, including any updates or modifications, is the exclusive property of Recovery Amped and is protected by copyright, trademark, and other intellectual property laws. You are granted a license to use the Software under this Agreement, but no ownership rights are transferred to You.
SECTION 4: General Terms
Non-Transferability: The rights granted to You under this Agreement are personal and may not be transferred or assigned without the express written consent of Recovery Amped. Indemnification: You agree to indemnify and hold harmless Recovery Amped from any claims, damages, or expenses arising from your breach of this Agreement or misuse of the Software. Entire Agreement: This Agreement constitutes the entire agreement between You and Recovery Amped regarding the Software and supersedes all prior communications, proposals, or agreements, written or oral, concerning its subject matter. Amendment; Governing Law: Recovery Amped reserves the right to amend this Agreement at any time. This Agreement shall be governed by the laws of the United States of America.
By accessing or using the Software, You acknowledge your understanding and agreement to all terms contained herein, including the Subscription Fee, no-refund policy, and confidentiality obligations.
SECTION 5: Reseller and White Label Services
Authorization: Recovery Amped may authorize You to resell the Software to third parties or offer it under a white label service agreement. Such authorization shall be subject to the terms of a separate agreement detailing the specific rights and obligations related to reseller or white label services. No Refunds: Recovery Amped maintains a strict no-refund policy for resellers and white label service providers once a Subscription Fee or any other fee related to the resale or white labeling of the Software has been paid. By agreeing to this Agreement and engaging in reseller or white label services, You acknowledge and accept this no-refund policy. Compliance: You agree to ensure that all third parties purchasing the Software through your reselling or white label services are made aware of and agree to the terms of this Agreement. You are responsible for any breach of this Agreement by such third parties. Indemnification: In addition to the general indemnification obligations set forth in this Agreement, You agree to indemnify, defend, and hold harmless Recovery Amped from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your reselling or white labeling of the service. No Representation or Warranty: You shall not make any representations or warranties concerning the Software beyond those made by Recovery Amped in this Agreement. You shall promptly pass through to the end-users any updates, warranty information, and other relevant information provided by Recovery Amped.
The inclusion of this section does not amend or supersede any other terms of the Agreement but is incorporated into the Agreement between You and Recovery Amped. By participating in reseller or white label services, You acknowledge your understanding and agreement to all terms contained herein, including the Subscription Fee, no-refund policy for resellers and white label service providers, and confidentiality obligations.