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Updated at February 2nd, 2024
Mila, AI Learning hereby grants you access to www.milalearning.com (“the website/app”) and invites you topurchase the services offered here.
To help explain things as clearly as possible in this Eula, every time any of these terms are referenced, arestrictly defined as:
This EULA was created with Termify.
This End User License Agreement (the “Agreement”) is a binding agreement between you (“End User”,“you”or “your”) and Future Think LLC (“Company”, “we”, “us” or “our”). This Agreement governs the relationshipbetween you and us, and your use of the Company Mila, AI Learning. Throughout this Agreement, End Userand Company may each be referred to as a “Party” or collectively, the “Parties”.
If you are using the website/app on behalf of your employer or other entity (an “Organisation”) for whosebenefit you utilise the website/app or who owns or otherwise controls the means through which you utilise oraccess the website/app, then the terms “End User”, “you”, and “your” shall apply collectively to you as anindividual and to the Organisation. If you use, or purchase a license or to, the website/app on behalf of anOrganisation, you hereby acknowledge, warrant, and covenant that you have the authority to 1) purchase alicense to the website/app on behalf of the Organisation; 2) bind the Organisation to the terms of thisAgreement.
By downloading, installing, accessing, or using the website/app you: (a) affirm that you have all of thenecessary permissions and authorisations to access and use the website/app; (b) if you are using thewebsite/app pursuant to a license purchased by an organisation, that you are authorised by that organisationto access and use the website/app(c) acknowledge that you have read and that you understand thisagreement; (d) represent that you are of sound mind to enter into a binding agreement; and (e) accept andagree to be legally bound by the terms and conditions of this agreement.
If you do not agree to these terms, do not download, install, access, or use the software. if you have alreadydownloaded the software, delete it from your computing device.
The Application is licensed, not sold, to you by Mila, AI Learning for use strictly in accordance with the termsof this Agreement.
Subject to the terms of this Agreement and, if applicable, those terms provided in the License Agreement,Mila, AI Learning grants you a limited, non-exclusive, perpetual, revocable, and non-transferable license to:
(a) download, install and use the Software on one (1) Computing Device per single user license that youhave purchased and been granted. If you have multiple Computer Devices in which you wish to use theSoftware, you agree to acquire a license for the number of devices you intend to use;
(b) access, view, and use on such Computing Device the End User Provided Materials made available in orotherwise accessible through the Software, strictly in accordance with this Agreement, and any other termsand conditions applicable to such End User Provided Materials;
(c) install and use the trial version of the Software on any number of Computing Devices for a trial period offifteen (15) unique days after installation.
(d) receive updates and new features that become available during the one (1) year period from the date onwhich you purchased the license to the Software.
You agree not to, and you will not permit others to:
All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whetherpatentable or not), trademarks service marks, trade secrets, know-how and other confidential information,trade dress, trade names, logos, corporate names and domain names, together with all of the good willassociated there with, derivative works and all other rights (collectively, “Intellectual Property Rights”) thatare part of the Software that are otherwise owned by Mila, AI Learning shall always remain the exclusiveproperty of Mila, AI Learning (or of its suppliers or licensors, if and when applicable). Nothing in thisAgreement grants you (or any Organisation) a license to Mila, AI Learning’s Intellectual Property Rights.
You agree that this is Agreement conveys a limited license to use Mila, AI Learning’s Intellectual PropertyRights, solely as part of the Software (and not independently of it), and only for the effective Term of thelicense granted to you hereunder. Accordingly, your use of any of Mila, AI Learning’s Intellectual Propertypage 3/7
Rights independently of the Software or outside the scope of this Agreement shall be considered aninfringement of Mila, AI Learning’s Intellectual Property Rights. This shall not limit, however, any claim Mila,AI Learning may have for a breach of contract in the event you breach a term or condition of this Agreement.You shall use the highest standard of care to safeguard all Software (including all copies thereof) frominfringement, misappropriation, theft, misuse or unauthorised access. Except as expressly granted in thisAgreement, Mila, AI Learning reserves and shall retain all rights, title, and interest in the Software, includingall copyrights and copyrightable subject matter, trademarks and trademark able subject matter, patents andpatentable subject matter, trade secrets, and other intellectual property rights, registered, unregistered,granted, applied-for, or both now in existence or that may be created, relating to the thereto.
You (or the Organisation, if and as applicable) shall retain ownership of all Intellectual Property Rights in andto the work products that you create through or with the assistance of the Software.
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by youto Mila, AI Learning with respect to the Application shall remain the sole and exclusive property of Mila, AILearning.
Mila, AI Learning shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purposeand in any way without any credit or any compensation to you.
Mila, AI Learning reserves the right to modify, suspend or discontinue, temporarily or permanently, theApplication or any service to which it connects, with or without notice and without liability to you.
Mila, AI Learning may from time to time provide enhancements or improvements to the features/ functionalityof the Application, which may include patches, bug fixes, updates, upgrades and other modifications("Updates").
Updates may modify or delete certain features and/or functionalities of the Application. You agree that Mila,AI Learning has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particularfeatures and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii)subject to the terms and conditions of this Agreement.
This Agreement shall remain in effect until terminated by you or Mila, AI Learning.
Mila, AI Learning may, in its sole discretion, at any time and for any or no reason, suspend or terminate thispage 4/7Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Mila, AI Learning, in the event that youfail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting theApplication and all copies thereof from your computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of theApplication from your computer.
Termination of this Agreement will not limit any of Mila, AI Learning’s rights or remedies at law or in equity incase of breach by you (during the term of this Agreement) of any of your obligations under the presentAgreement.
You agree to indemnify, defend and hold harmless Mila, AI Learning and its officers, directors, employees,agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities,deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses ofwhatever kind, including reasonable attorneys’ fees, arising from or relating to: i) your use or misuse of theSoftware; ii) your failure to comply with any applicable law, regulation, or government directive; iii) yourbreach of this Agreement; or iv) your agreement or relationship with an Organisation (if applicable) or anythird party. Furthermore, you agree that Mila, AI Learning assumes no responsibility for the information orcontent you submit or make available through this Software or the content that is made available to you bythird parties.
The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects withoutwarranty of any kind. To the maximum extent permitted under applicable law, Mila, AI Learning, on its ownbehalf and on behalf of its affiliates and its and their respective licensors and service providers, expresslydisclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application,including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement,and warranties that may arise out of course of dealing, course of performance, usage or trade practice.Without limitation to the foregoing, Mila, AI Learning provides no warranty or undertaking, and makes norepresentation of any kind that the Application will meet your requirements, achieve any intended results, becompatible or work with any other software, applications, systems or services, operate without interruption,meet any performance or reliability standards or be error free or that any errors or defects can or will becorrected.
Without limiting the foregoing, neither Mila, AI Learning nor any Mila, AI Learning’s provider makes anyrepresentation or warranty of any kind, express or implied: (i) as to the operation or availability of theApplication, or the information, content, and materials or products included thereon; (ii) that the Applicationwill be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or contentprovided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from oron behalf of Mila, AI Learning are free of viruses, scripts, trojan horses, worms, malware, time bombs orother harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on theapplicable statutory rights of a consumer, so some or all of the above exclusions and limitations may notapply to you.
Notwithstanding any damages that you might incur, the entire liability of Mila, AI Learning and any of itssuppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall belimited to the amount actually paid by you for the Application.
To the maximum extent permitted by applicable law, in no event shall Mila, AI Learning or its suppliers beliable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to,damages for loss of profits, for loss of data or other information, for business interruption, for personal injury,for loss of privacy arising out of or in any way related to the use of or inability to use the Application,third-party software and/or third-party hardware used with the Application, or otherwise in connection withany provision of this Agreement), even if Mila, AI Learning or any supplier has been advised of the possibilityof such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, sothe above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed andinterpreted to accomplish the objectives of such provision to the greatest extent possible under applicablelaw and the remaining provisions will continue in full force and effect.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power underthis Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of anyright or power under this Agreement preclude further exercise of that or any other right granted herein. In theevent of a conflict between this Agreement and any applicable purchase or other terms, the terms of thisAgreement shall govern.
Mila, AI Learning reserves the right, at its sole discretion, to modify or replace this Agreement at any time. Ifa revision is material we will provide at least 30 days' notice prior to any new terms taking effect. Whatconstitutes a material change will be determined at our sole discretion.By continuing to access or use our Application after any revisions become effective, you agree to be boundby the revised terms. If you do not agree to the new terms, you are no longer authorized to use theApplication.
The laws of United States, excluding its conflicts of law rules, shall govern this Agreement and your use ofthe Application. Your use of the Application may also be subject to other local, state, national, or internationallaws.
We reserve the exclusive right to make changes to this Agreement from time to time. Your continued accessto and use of the website/app constitutes your agreement to be bound by, and your acceptance of, the termsand conditions posted at such time. You acknowledge and agree that you accept this Agreement (and anyamendments thereto) each time you load, access, or use the website/app. Therefore, we encourage you toreview this Agreement regularly.If, within thirty (30) days of us posting changes or amendments to this Agreement, you decide that you donot agree to the updated terms, you may withdraw your acceptance to the amended terms by providing uswith written notice of your withdrawal. Upon providing us with the written notice of the withdrawal of youracceptance, you are no longer authorised to access or use the website/app.
No provision of this Agreement, or any part of relationship between you and Mila, AI Learning, is intended tocreate nor shall they be deemed or construed to create any relationship between you and Mila, AI Learningother than that of and end user of the website/app and services provided.
You acknowledge and agree that your breach of this Agreement would cause Mila, AI Learning irreparableharm for which money damages alone would be inadequate. In addition to damages and any other remediesto which Mila, AI Learning may be entitled, you acknowledge and agree that we may seek injunctive relief toprevent the actual, threatened or continued breach of this Agreement.
The headings in this Agreement are for reference only and shall not limit the scope of, or otherwise affect,the interpretation of this Agreement.
The Company is based in United States and provided for access and use primarily by persons located inUnited States, and is maintains compliance with United States laws and regulations. If you use thewebsite/app from outside United States, you are solely and exclusively responsible for compliance with locallaws.
Any cause of action or claim you may have arising out of or relating to this agreement or the website/appmust be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action orclaim is permanently barred.
The Agreement constitutes the entire agreement between you and Mila, AI Learning regarding your use ofthe Application and supersedes all prior and contemporaneous written or oral agreements between you andMila, AI Learning.
You may be subject to additional terms and conditions that apply when you use or purchase other Mila, AILearning’s services, which Mila, AI Learning will provide to you at the time of such use or purchase.
Don't hesitate to contact us if you have any questions about this Agreement.
● Via Email: contact@milalearning.com
