#Licensed Application End User License Agreement (EULA)

Last updated: August 2025

#Introduction

This End User License Agreement ("EULA") is a legal agreement between you and Nevermind Software, LLC ("we", "us", or "our") for the Toybox mobile application ("Licensed Application" or "App") made available through the Apple App Store.

This EULA governs your use of the Licensed Application and supplements our Terms of Service. The Licensed Application is licensed, not sold, to you.

#1. License Grant

#1.1 Scope of License

We grant you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Licensed Application solely for your personal, non-commercial purposes strictly in accordance with this EULA and the Apple App Store Terms of Service.

#1.2 License Restrictions

You agree NOT to:

  • Distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time
  • Rent, lease, lend, sell, redistribute, or sublicense the Licensed Application
  • Copy (except as permitted by this license), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application
  • Remove, alter, or obscure any proprietary notice on the Licensed Application
  • Use the Licensed Application for any commercial purpose or for any public display
  • Use the Licensed Application in any way that violates any applicable federal, state, local, or international law or regulation

#1.3 Ownership

The Licensed Application is licensed, not sold. We retain ownership of all copies of the Licensed Application. All rights not expressly granted to you are reserved.

#2. AI-Generated Content License

#2.1 Content Creation Features

The Licensed Application provides AI-powered content generation features including but not limited to:

  • Image generation and manipulation
  • Video creation and editing
  • Audio synthesis and voice cloning
  • Text generation and translation

#2.2 Your Input Content

You retain all rights to content you create and input into the Licensed Application. By using the Licensed Application, you grant us a worldwide, non-exclusive, royalty-free license to use your input content solely to provide the services.

#2.3 Generated Output

Subject to the underlying AI model providers' terms:

  • You receive a non-exclusive license to use content generated for you
  • This license is personal and non-transferable
  • Commercial use may require a premium subscription
  • Generated content may be similar or identical to outputs for other users

#2.4 Voice Cloning Restrictions

IMPORTANT: The voice cloning feature is subject to strict ethical guidelines:

  • You may only clone your own voice or voices for which you have explicit written consent
  • Voice cloning for impersonation, fraud, or deception is strictly prohibited
  • All cloned voices are associated with your account for security and abuse prevention
  • Misuse will result in immediate termination of your license

#3. Data Use and Privacy

You agree that we may collect and use technical data and related information, including but not limited to:

  • Device identifiers and system information
  • App usage statistics and crash reports
  • Performance metrics and analytics data

This information is used to:

  • Provide and improve the Licensed Application
  • Deliver software updates and product support
  • Enhance user experience and develop new features

#3.2 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated by reference into this EULA.

#4. Termination

#4.1 Term

This EULA is effective from the date you first download, install, or use the Licensed Application, and shall continue until terminated.

#4.2 Termination by You

You may terminate this EULA at any time by deleting the Licensed Application from all your devices.

#4.3 Termination by Us

We may terminate this EULA immediately without notice if you:

  • Breach any provision of this EULA
  • Violate our Terms of Service
  • Engage in fraudulent or illegal activities

#4.4 Effect of Termination

Upon termination:

  • All rights granted to you under this EULA will cease
  • You must stop all use of the Licensed Application
  • You must delete all copies from your devices

#5. Third-Party Services

#5.1 External Services

The Licensed Application integrates with third-party services including:

  • AI model providers (Replicate, OpenAI, Stability AI)
  • Cloud services (Firebase, Google Cloud)
  • Payment processors (RevenueCat, Apple Pay)

#5.2 Third-Party Terms

Your use of third-party services is governed by their respective terms and privacy policies. We are not responsible for:

  • The availability or accuracy of third-party services
  • Content provided by third parties
  • Any damages arising from your use of third-party services

#5.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any third-party integrations at any time without liability to you.

#6. Disclaimers

#6.1 No Warranty

THE LICENSED APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR RELIABILITY
  • QUIET ENJOYMENT
  • TITLE

#6.2 AI-Specific Disclaimers

WE DO NOT WARRANT THAT:

  • AI-generated content will be accurate, complete, or suitable for any purpose
  • Generated content will be free from bias or offensive material
  • Generated content will not infringe third-party rights
  • The Licensed Application will meet your requirements or expectations
  • The Licensed Application will be uninterrupted or error-free

#6.3 Your Assumption of Risk

You acknowledge that:

  • Use of the Licensed Application is at your sole risk
  • You are responsible for evaluating all generated content
  • Some jurisdictions do not allow disclaimer of implied warranties, so some limitations may not apply to you

#7. Limitation of Liability

#7.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, data, use, or goodwill
  • Business interruption or reputational harm
  • Cost of substitute goods or services
  • Any damages arising from AI-generated content

#7.2 Cap on Liability

Our total liability for all claims under this EULA shall not exceed the greater of:

  • The amount you paid for the Licensed Application in the 12 months preceding the claim
  • Fifty dollars ($50.00)

#7.3 Exceptions

These limitations may not apply to:

  • Death or personal injury caused by our gross negligence
  • Fraud or fraudulent misrepresentation
  • Any liability that cannot be excluded by law

#7.4 Basis of Bargain

You acknowledge that we have set our prices and entered into this EULA in reliance on the disclaimers and limitations set forth herein.

#8. Indemnification

You agree to indemnify, defend, and hold harmless Nevermind Software, LLC, its affiliates, officers, directors, employees, agents, and licensors from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Licensed Application
  • Your violation of this EULA
  • Your violation of any third-party rights
  • Content you create or generate using the Licensed Application
  • Any misrepresentation regarding AI-generated content

#9. Export Control

#9.1 Export Restrictions

You may not use, export, or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained.

#9.2 Prohibited Destinations

The Licensed Application may not be exported or re-exported:

  • To any U.S.-embargoed countries
  • To anyone on the U.S. Treasury Department's Specially Designated Nationals List
  • To anyone on the U.S. Department of Commerce Denied Persons List or Entity List

#9.3 Prohibited Uses

You agree not to use the Licensed Application for any purposes prohibited by United States law, including the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

#10. U.S. Government End Users

The Licensed Application and related documentation are "Commercial Items" as defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation." The Licensed Application is licensed to U.S. Government end users:

  • Only as Commercial Items
  • With only those rights granted to all other end users under this EULA
  • Subject to unpublished rights reserved under U.S. copyright laws

#11. Governing Law and Dispute Resolution

#11.1 Governing Law

This EULA is governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

#11.2 Jurisdiction

Any disputes arising under this EULA shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware.

#11.3 International Users

If you are located outside the United States:

  • You consent to the transfer and processing of your data in the United States
  • You waive any claims under your local laws to the extent permitted

#11.4 Exclusions

The United Nations Convention on Contracts for the International Sale of Goods does not apply to this EULA.

#12. Apple-Specific Terms

#12.1 Acknowledgment

You acknowledge that:

  • This EULA is between you and Nevermind Software, LLC, not Apple
  • Apple is not responsible for the Licensed Application or its content
  • Apple has no obligation to provide maintenance or support services

#12.2 Apple's Limited Warranty

To the maximum extent permitted by law, Apple has no warranty obligation whatsoever with respect to the Licensed Application.

#12.3 Claims

You acknowledge that:

  • Nevermind Software, LLC, not Apple, is responsible for addressing any claims relating to the Licensed Application
  • Apple is not responsible for addressing claims that the Licensed Application infringes third-party intellectual property rights

#12.4 Third-Party Beneficiary

You acknowledge that Apple and its subsidiaries are third-party beneficiaries of this EULA and have the right to enforce its terms against you.

#13. Changes to this EULA

We may update this EULA from time to time. We will notify you of any material changes through:

  • In-app notifications
  • Email to your registered address
  • Prominent notice in the App Store listing

Your continued use of the Licensed Application after changes indicates acceptance of the updated EULA.

#14. Entire Agreement

This EULA, together with our Terms of Service and Privacy Policy, constitutes the entire agreement between you and us regarding the Licensed Application and supersedes all prior agreements.

#15. Severability

If any provision of this EULA is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

#16. Contact Information

For questions about this EULA, please contact:

Nevermind Software, LLC
Email: legal@nevermind.llc
Support: support@nevermind.llc
Website: https://nevermind.llc

#17. Acknowledgment and Acceptance

By downloading, installing, or using the Licensed Application, you acknowledge that you have read, understood, and agree to be bound by this EULA.