Terms of Service
Last updated: May.15, 2024
Welcome to Pai. The Pai application, software, official website (i.e.,https://www.paiaihomeworkhelper.com/) as well as any other services (each, a “Service” and collectively, the “Services”) are provided by PERSONAL ASSISTANT INTELLIGENCE PTE. LTD. , Ltd., a company registered in SINGAPORE. PERSONAL ASSISTANT INTELLIGENCE PTE. LTD., affiliated companies and partners are referred to collectively in these Terms of Service (“Terms”) as “Pai”, “we”, "us" or “our”. “You” “your” and “user(s)” refer to any person using the Services.
These Terms govern your use of the Services, regardless of how you access them, whether by computer, mobile device or otherwise; and whether directly through our Services, or through any third-party website that links to them, and regardless of whether you are a registered user or unregistered user.
These Terms are a legally binding agreement between you and us. By using, registering for or accessing the Services, you confirm that you have read, understood and agreed to these Terms and any other documents referred to herein, including without limitation our Privacy Policy. If you do not agree to these Terms, you are not authorized to use the Services and you must cease all such use immediately.
You must be at least 13 years old to use Pai. Additionally, if you are a minor in your jurisdiction, you must review these Terms with your parent or guardian to confirm that you and your parent or guardian understand and agree to them.
PLEASE NOTE THAT DIFFERENT TERMS MAY APPLY TO YOU BASED ON WHERE YOU LIVE. MAKE SURE YOU READ THE JURISDICTION-SPECIFIC TERMS FOR YOUR COUNTRY OF RESIDENCE.
ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND Pai AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND Pai WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. User Account
You may access or use the Services either as a registered user or unregistered user. If you are a registered user, you need to create an account to use the Services. The information you provide should be accurate and complete. It is your responsibility to update your account information to keep it current and accurate. When you set up an account, you need to set a password. It is important that you take reasonable steps to maintain the confidentiality of your password.
You agree not to use the account, username, or password of another user at any time, nor to knowingly or recklessly disclose your password to any third-party. You agree to notify Pai immediately if you suspect any unauthorized use of your account or access to your password. You may request termination of your account at any time by email at contact@paiaihomeworkhelper.com. Pai may terminate your account at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. We may do this without notice if the grounds for this are serious, or we will try to give you reasonable notice if the grounds are less serious.
Serious grounds include:
• if we reasonably believe you have violated, or we have objective grounds to reasonably believe you are about to violate, these Terms, including any incorporated agreements, policies or guidelines which form part of these Terms;
• if activities occur on your account which would or might cause damage to or impair us or our Services or infringe or violate any third party rights (including intellectual property rights); or
• in response to valid requests by law enforcement or other government agencies.
We may allow you to register for and login to Pai using login functionalities provided by third party platforms, such as Apple, Facebook or Google. In addition to these Terms, you agree to comply with the relevant third-party platform’s terms of service applicable to your use of such functionalities.
2. Proprietary Rightsa
The Services are owned and operated by Pai. Unless otherwise explicitly specified by Pai, all materials that are included in or otherwise a part of the Services, including past, present, and future versions, domain names, source and object code, the text, site design, logos, graphics and icons and all registered and unregistered intellectual property rights related to these (collectively, "Pai Content"), are owned, controlled, or licensed by Pai or Pai’s third-party partners if applicable. Pai Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Any use of Pai Content not expressly authorized by these Terms is prohibited. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties.
3. License to Use
Subject to your compliance with these Terms, Pai grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to use the Services. You may only use the Services for your own personal use. You agree not to view, copy, or procure content or information from the Services by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials from the Pai Content, unless formally authorized by Pai under a separate written agreement. No materials from the Services may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without Pai’s prior written permission or as expressly provided in these Terms. When you access or use the Services as authorized by these Terms, you must: (a) keep intact any and all copyright and other proprietary notices; (b) make no modifications to the Services; and (c) not copy or adapt any object code associated with the Services or reverse engineer, modify or attempt to discover any source code associated with the Services, or allow or assist any third-party (whether or not for your benefit) to do so. All rights not expressly granted herein are reserved. Pai may impose reasonable limits on your scope of access to the Services, including limits on time, features or any specific content. You acknowledge and agree that upon any termination of your account or these Terms, this license granted to you in respect of the Services will automatically terminate.
4. User Content
When you use the Services, you may generate or submit content, hereinafter “User Content”. “User Content” means any content created by you, such as any text, math problems, answers, photographs, data and information, or any content that you submit. As permitted by applicable laws, by submitting and generating User Content via the Services, you grant Pai a non-exclusive, worldwide, unlimited, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and fully transferable right to exercise any and all copyright, trademark, publicity, database and other registered and unregistered intellectual property rights you have in the User Content, in any media known now or in the future, including to make, use, reproduce, copy, display, publish, exhibit, distribute, modify, sell, offer for sale, create derivative works based upon and otherwise use the User Content in order to provide the Services to users and develop the Services and similar products.
As permitted by applicable laws, you further agree that Pai may use any ideas or concepts contained in any User Content for business purposes, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any payment of any kind to you. You authorize Pai to publish your User Content in a searchable format that may be accessed by other users of the Services. To the fullest extent permitted by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
Pai is not required to host, display, or distribute, and may remove at any time, any User Content. Pai reserves the right to change the format, sizing, and any other display specifications of the User Content at its discretion.
You declare and undertake that (i) you own the User Content submitted by you on, through or in connection with the Services, or otherwise have the right to grant the licenses set forth in this section, and (ii) the posting of your User Content on, through or in connection with the Services does not violate the privacy rights, publicity rights, registered and unregistered intellectual property rights including copyrights, contract rights or any other rights of any person or entity. Upon Pai’s request, you will furnish Pai any documentation, substantiation or releases necessary to verify your compliance with these Terms.
You agree that Pai has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ rights to your User Content. You further acknowledge and agree that, to the fullest extent permitted by applicable law, Pai will not have any obligation to you with regard to User Content and that Pai may or may not monitor, display or accept your User Content and may delete it at any time.
5. Acceptable Use Policy
You are solely responsible for the User Content you submit, through or in connection with our Services. When you contribute, upload or otherwise provide User Content via the Services, you agree to comply with the following Usage Rules. If, in our reasonable opinion, you breach these Usage Rules, in addition to removing any prohibited materials, Pai may terminate the responsible accounts, and/or report such activities to law enforcement authorities as appropriate.
Prohibited User Content includes, but is not limited to, material that Pai reasonably determines:
• is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• exploits people in a sexual or violent manner or contains nudity, excessive violence, or offensive subject matter or contains a link to an adult or otherwise objectionable website;
• posts information that poses or creates a privacy or security risk to any person;
• fails to obtain consent from the referee for any user referral activity;
• constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• does or could infringe any copyright, trademark or other intellectual property of any other person;
• involves the transmission of junk mail, chain letters or unsolicited mass mailing, instant messaging or spamming;
• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons or providing or creating computer viruses;
• involves commercial use without prior written consent from Pai;
• includes a photograph of another person that you have posted without that person's consent;
• violates or attempts to violate the privacy rights, publicity rights, copyrights, patent rights, trademark rights, contract rights or any other rights of any person.
Prohibited activities include, without limitation:
• unauthorized advertising to, or solicitation of, any user to buy or sell any products or services;
• circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of our Services;
• activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
• modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any content from the Services;
• any automated use of the Services, such as, but not limited to, using scripts to send messages or posts;
• interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
• displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity using the Services on behalf of that person, such as placing commercial content on review posts or solutions, links to e-commerce sites not authorized by Pai, or sending messages with a commercial purpose; or
• using the Services in a manner inconsistent with any applicable law or the purpose of the Services.
6. Premium Services and Payment
Some of the Services are provided to you free-of-charge; while we may offer certain services or features (collectively “Premium Services”) for a fee. By paying for or using one of these Premium Services, you agree to any additional terms applicable to that service.
You agree to pay all applicable fees for Premium Services as set forth on our app and website. All fees are payable in the currency specified at the point of checkout at the time of purchase. All Premium Services fees are exclusive of taxes, and you agree that we may charge you any applicable taxes in addition to the Premium Services fees.
To subscribe to any of Premium Services, you must meet the following conditions (“Eligibility Requirements”):
be a registered user of Pai;
be 18 years old (or 19 in South Korea or 20 in Japan); and
be capable of entering into a legally binding agreement.
We reserve the right to add to and/or modify the Eligibility Requirements at our sole discretion. We also reserve the right to refuse requests to subscribe to Premium Services.
Two types of Premium Services are available to you:
Purchase of [Time-Unlimited Tickets].
Auto-renewed subscription plan. If you subscribe to our auto-renewed subscription plan, your subscription fee will automatically renew for an additional period equal in duration as your preceding subscription term, and your payment will automatically be charged at the start of each new subscription period for the fees applicable to that period, unless you cancel or change your subscription of the Premium Services before the end of the applicable subscription period.
You can manage your subscriptions in Privacy and Settings > Premium Services where you can review your current and expired subscriptions and cancel auto-renewed subscriptions. If you select auto-renewed subscription plan, you may cancel the subscription any time before the end of the current subscription period and the cancellation will take effect on the first day of the next subscription period. You will retain your access to the benefits from the time you cancel until the start of the next subscription period. You will not receive a refund or credit for any remaining days in your current subscription period.
The cost of Premium Services may vary, depending on the country where you reside. For a complete pricing list in countries where Premium Services are made available, please click <hyperlink>. You need to purchase Premium Services with payment methods provided by a third party platform, which may include App Store and Google Play. You agree to abide by any relevant Terms of Service and any other legal agreement that govern your payment through the aforesaid third-party platform. If you choose the auto-renewed subscription plan, you agree that we will charge you on the first day of each subscription period via the given payment method. If for any reason, a payment cannot be processed using your provided payment method, we may terminate your subscription. Pai reserves the right to modify these payment terms, including subscription fees, at its sole discretion, as permitted by applicable law.
If you purchase the Premium Services through App Store, Google Play or other third-party platform (as applicable), your refund request (if any) shall be subject to the terms and conditions of such corresponding third-party platform. You will continue to have access to the Premium Services until your payment is refunded.
7. Tickets
Tickets may only be redeemed for Services, subject to these Terms. Tickets include [Expiring Tickets] and [Time-Unlimited Tickets]. [Time-Unlimited Tickets] may be purchased in accordance with Section 6 above. [Expiring Tickets] can be acquired in a variety of ways, including without limitation, through promotions and referral programs. Tickets have no monetary value and cannot be redeemed for cash, except in jurisdictions where required by law. [Time-Unlimited Tickets] do not expire, while [Expiring Tickets] may be subject to expiration, as disclosed to you at the time of receipt.
8. Points
You may obtain Points through use of the Services, and Points may only be redeemed for [Expiring Tickets] or the Services. Points can be acquired in a variety of ways, including without limitation, by checking in, answering questions, and referral programs. Points have no monetary value and cannot be redeemed for cash, except in jurisdictions where required by law.
9. Modifications to Services
Pai reserves the right, from time to time in our sole discretion, to make changes to or discontinue any of the Services at any time.
We will provide reasonable advance notice, such as through a notice on our app and website of any significant changes to our Services, or if the Service will be discontinued, whenever we reasonably can.
Any description of the Services provided by Pai is not a representation that the Services are working or will always work in that manner, as Pai is continuously updating the Services, and these updates may not always be reflected in the Terms.
10. Third-party Integrations
The Services may contain links to websites and content owned and/or operated by third parties. We do not control your use of such third-party integrations and any use of such third-party integrations is solely at your discretion and between you and the applicable third party provider. We do not warrant the performance, availability, safety or reliability of any such third-party integrations and are not responsible for the applicable third-party provider’s performance or failure to perform in any respect. Your access and use of the third-party integrations is solely at your own risk and is subject to the terms and conditions of use and privacy policy(ies) applicable to such third-party.
11. Appropriate Services Usage
Pai’s Services are should be used only available merely as a study-aid tool and should not be considered a substitutes for applicable textbooks or related materials. You further represent that agree that you will not use
with the academic integrity standards applicable to you (i.e., Pai’s Services should not be used to complete exams or homework if this would violate anti-cheating rules). Pai as a cheating tool for any exams or homework. In addition, Pai does not guarantee the accuracy or quality of the answers or other study materials that appear in the Services.
Pai will not be liable for any harm caused to you by your use of the Pai Services. You further agree that the ServicesPai Services may present information that is incorrect or inconsistent when compared to similar content and materials, including solutions and their methodologies, provided or preferred by other persons, including academic institutions.
12. Intellectual Property of User Content
Subject to all applicable intellectual property laws in your jurisdiction, you should not upload any content protected by intellectual property laws owned or created by another person or company unless permitted by owners or applicable laws, and you hereby declare and undertake that: (i) you are the sole owner of all content uploaded to the Services and all rights in such content, including, without limitation, copyrights, publicity rights, contract rights, unregistered and registered intellectual property rights; and (ii) User Content on or through the Services will not breach the privacy rights, publicity rights, copyrights, contract rights, unregistered and registered intellectual property rights or any other rights of any third-party. You agree to pay for all royalties, fees, and any other monies owing to any third-party for any content provided by you to the Services.
13. Collaboration with tutors
The Services enable users and tutors to collaborate. From time to time, solutions provided through the application and/or website may be prepared by tutors. These tutors operate independently from Pai.
You acknowledge and agree that: (i) we are not liable for information provided by tutors; and (ii) we have no obligation to pre-screen, monitor, review, or edit any information provided by such tutors.
When you view information provided by tutors you do so at your own risk. We make no declarations, undertakings, promises or guarantees, whether express or implied, that any information provided by tutors is accurate.
If you wish to report information and materials uploaded by tutors, please contact us at contact@paiaihomeworkhelper.com.
14. Limitations of Liability
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We do not voluntarily accept responsibility for any loss or damage:
• that was not caused by our breach of these Terms; or
• that was not, at the time you agreed to these Terms, a reasonably foreseeable consequence of us breaching these Terms (loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these Terms were entered into, both we and you knew it might happen).
You agree not to use the Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
You are responsible for any mobile charges that apply to your use of the Services, including text messaging and data charges. If you're unsure what those charges are, you should ask your mobile service provider before using the Services.
15. Reporting Intellectual Property Violations
Pai respects the intellectual property rights of others and takes the protection of copyrights and other intellectual property seriously. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you believe your work has been infringed through the Services, please notify us at contact@paiaihomeworkhelper.com with appropriate information and materials. Your contact information will only be used to investigate your inquiry regarding potential copyright and other infringement.
16. Governing Law and Legal Disputes
These Terms are governed by the laws of SINGAPORE, unless otherwise provided herein.
17. Privacy Policy
Please refer to our Privacy Policy (https://www.painotes.com/app/privacy-en.html) for information on how we collect, process and disclose your personal information.
18. Severability
Unless otherwise stated in these Terms, if any provision of these Terms is declared invalid, illegal or unenforceable, all remaining provisions continue in full force and effect. This "Severability" section shall survive any expiration or termination of the Services.
19. Changes
Pai may modify these Terms from time to time ("Updated Terms"), for instance when we update the functionality of the Services, to address a security threat or where there have been legal or regulatory changes that impact these Terms or Services.
We will provide reasonable advance notice of any significant changes to the Terms or Services whenever we reasonably can, such as by posting them on the Pai Website so that they are accessible via a link on the home page. However, you should review these Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, to reflect the effective date of the most recently updated version of the Terms.
As you are not allowed to use of the Services if you do not agree to follow these Terms, if you continue to access or use the Services after we have posted the Updated Terms, we will consider that you accept and agree to be bound by the Updated Terms. If you do not agree to the Updated Terms, you must stop accessing or using the Services and close your account (if applicable).
For changes to the Terms or to the Services that we need to make to meet security, safety, legal or regulatory requirements, we may not be able to notify you in advance but we will let you know as soon as practicable. We will sometimes update or require you to apply an update to the application to ensure you are running the latest version and accessing the latest features.
20. Entire Agreement
The then-current Terms together with any terms or document referenced or incorporated herein, are the entire agreement between you and Pai regarding the Services. They may not be modified without the consent of a duly authorized representative of Pai and will supersede and prevail over any terms or conditions you may include with any documents or communication with us, regardless of whether Pai signs them or fails to object to them. This “Entire Agreement” section shall survive any expiration or termination of the Services.
21. Assignment
We may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your consent. We will ensure that any assignment or delegation will not affect your rights under these Terms. You may not assign or delegate any rights or obligations under these Terms without our prior written consent, and any unauthorized assignment and delegation by you is ineffective.
22. No Waiver
Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaching these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
23. Third-party Rights
These Terms are a contract between you and us. No other person will have any rights to enforce any of these Terms.
24. Contact
If you have any questions or concerns regarding the Services, please contact us via the email: contact@paiaihomeworkhelper.com.
25. Arbitration and Class Action Waiver (For users in the United States)
This section includes an agreement to arbitrate and an agreement that all such claims will be brought in arbitration only in your individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
Informal Process First. You agree that in the event of any dispute between you and Pai, you will first contact Pai and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. This is a condition precedent to proceeding in arbitration.
Arbitration Agreement. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, "Claim") relating in any way to your use of Pai’s services and/or products, including the Services, or relating in any way to the communications between you and Pai or any other user of the Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Pai. However, this arbitration agreement does not (a) govern any Claim by Pai for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access or use this Services by following the procedure described below.
You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Pai are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to:
Email Address: contact@paiaihomeworkhelper.com.
The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed or used the Services on behalf of an entity, we will reimburse those fees for claims where the amount in dispute is less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the "Class Action Waiver" section below.
If you do not want to arbitrate disputes with Pai and you are an individual, you may opt out of this arbitration agreement by sending an email to contact@paiaihomeworkhelper.com within thirty (30) days of the first of the date you access or use the Services.
Class Action Waiver. Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding ("Class Action") except that an individual may seek in the arbitration public injunctive relief, and the AAA may include such relief in the award, where applicable. The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the arbitration agreement, if otherwise effective, will be null and void. If for any reason a claim proceeds in court rather than in arbitration, you and Pai each waive any right to a jury trial.
26. Exports
Exports. You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by Pai hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. comprehensively embargoed countries or any country that has been designated by the U.S. Government as a "terrorist supporting" country (currently: Cuba, Crimea, Iran, North Korea, Syria), (b) to any governments of such countries, or (c) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
27. App Stores
Notice regarding Apple.
• These Terms are between Pai you; Apple is not a party to these Terms.
• The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Pai app on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
• Apple is not responsible for the Pai app or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the app.
• In the event of any failure of the Pai app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Pai app, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Pai app.
• Apple is not responsible for addressing any claims by you or a third party relating to the Pai app or your possession or use of the app, including without limitation (a) product liability claims; (b) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
• In the event of any third party claim that the Pai app or your possession and use of the app infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
• You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
• Pai expressly authorizes use of the Pai app by multiple users through the family sharing or any similar functionality provided by Apple.
Notice regarding Google Play. By downloading the Pai app from Google Play (or its successors) operated by Google, Inc. or one of its affiliates ("Google"), you specifically acknowledge and agree that:
• to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the "Google Play Terms"), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the app that you download from Google Play, and
• you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Pai or you (or any other user) under these Terms or the Google Play Terms.