Terms of Service

Last Updated: 2025-02-16

1. Introduction

Welcome to MakeNess AI, operated by BULLTECH. This Terms of Service ("TOS") governs your use of our mobile application ("App"). By downloading, installing, or using the App, you agree to be bound by these TOS and our Privacy Policy. If you do not agree to these terms, please refrain from using our service.

2. Acceptance of Terms

Your use of MakeNess AI constitutes acceptance of these terms. Continued use after any modifications implies your acceptance of the updated TOS. We recommend reviewing these terms periodically.

3. Description of Services

MakeNess AI offers an integrated platform that:

• Generates Images: Utilizes multiple image generation providers to produce visual content based on user prompts.

• Provides Access to Large Language Models (LLMs): Aggregates services from several LLM providers to assist with tasks such as coding, app creation, marketing, and the creation of custom AI assistants.

• Supports Various Tasks: Aims to enhance productivity in areas like technical diagnostics, creative design, and business tasks by offering tailored AI-driven solutions.

The App is provided on an “as is” basis. While we strive to deliver high-quality services, outputs from both the image generation and LLM components are probabilistic in nature and may not always be accurate or reliable.

4. User Responsibilities and Acceptable Use

Users agree to:

• Use Lawfully: Only use the App for lawful purposes and in accordance with applicable French and European laws.

• Acknowledge Probabilistic Outputs: Understand that the generated responses and images are probabilistic and serve as indicators rather than definitive answers. Users are responsible for verifying any information provided.

• Abide by Usage Guidelines: Avoid using the App for any activity that could harm the service, other users, or third parties, including generating content that is illegal, defamatory, or infringes on intellectual property rights.

• Respect Third-Party Rights: Ensure that any content you input does not violate the rights of others.

5. Data Collection and Privacy

We collect certain non-personally identifiable data to enhance and improve our App. For a detailed explanation of our data practices, please refer to our Privacy Policy (see below). By using MakeNess AI, you consent to our collection and processing of data as described.

6. Intellectual Property

• User Content and AI Outputs: Users retain ownership of any content they submit. The outputs generated (images and text) are provided for your personal use. While you are free to use these outputs, the legal status of AI-generated content remains under discussion.

• Company Proprietary Rights: The underlying technology—including algorithms, design, and data processing methods—remains the exclusive property of BULLTECH.

• License to Use: By submitting prompts and data to the App, you grant BULLTECH a non-exclusive license to process, store, and analyze this content solely for the purpose of providing the service.

7. Third-Party Services and Integrations

• Third-Party Providers: The App integrates services from multiple third-party providers for image generation and LLM functionalities. Use of these services is governed by their respective terms.

• Apple EULA: Our End-User License Agreement (EULA) is based on the standard Apple EULA available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/. This EULA is incorporated by reference and forms part of these terms.

• No Endorsement: Integration with third-party providers does not constitute endorsement of their products or services by BULLTECH.

8. Disclaimers and Limitation of Liability

• “As Is” Service: The App is provided without warranties of any kind, either express or implied. BULLTECH does not guarantee the accuracy, reliability, or suitability of any generated outputs.

• Limitation of Liability: In no event shall BULLTECH be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the App, even if advised of the possibility of such damages.

• User Responsibility: You acknowledge that your reliance on the outputs of the App is at your own risk, and BULLTECH is not responsible for any decisions made based on such outputs.

9. Governing Law and Dispute Resolution

• Applicable Law: These TOS shall be governed by and construed in accordance with French law.

• Jurisdiction: Any disputes arising from these terms or your use of the App shall be subject to the exclusive jurisdiction of the French courts.

• Resolution: We encourage users to contact us directly to resolve any disputes or concerns prior to initiating legal proceedings.

10. Modifications and Termination

• Updates: BULLTECH reserves the right to modify these TOS at any time. All changes will be posted on the App and will take effect immediately upon publication.

• Termination: We may suspend or terminate your access to the App if you breach these TOS or if deemed necessary to protect the integrity of our services. Termination will be communicated through the App or via email.

11. Contact Information

For any questions or concerns regarding these Terms of Service, please contact us via the feedback form in the App or through our official email address. Your use of MakeNess AI confirms that you have read, understood, and agreed to these Terms of Service.

End-User License Agreement ("Agreement")

Last updated: 2013-08-29
We adopte the standard EULA from Apple that reference origin can be found here: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

LICENSED APPLICATION END USER LICENSE AGREEMENT

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms. 

d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you. 

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise 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. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.