Terms of Use

This End User License Agreement ("Agreement" or "EULA") is between you ("End-User") and Andrew Kyshkan ("Application Provider," "we," "our," or "us"), the developer of the UpClaw application ("Licensed Application"). This EULA is not between you and Apple, Inc. ("Apple"). Apple is not responsible for the Licensed Application or its content.

Your use of the Licensed Application is also subject to Apple's Standard End User License Agreement, which is incorporated herein by reference. In the event of any conflict between this Agreement and Apple's Standard EULA, Apple's Standard EULA shall govern with respect to usage rules.

Subject to the terms of this Agreement, the Application Provider grants you a non-transferable, non-exclusive, revocable license to use the Licensed Application on any Apple-branded device that you own or control, solely for your personal, non-commercial purposes, as permitted by Apple's Usage Rules set forth in the App Store Terms of Service.

You may not:

• Distribute, sublicense, sell, resell, transfer, or assign the Licensed Application;
• Modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Licensed Application;
• Remove or alter any proprietary notices, labels, or marks on the Licensed Application;
• Use the Licensed Application for any unlawful purpose or in any manner inconsistent with this Agreement;
• Use the Licensed Application to build a competing product or service.

This license does not allow you to use the Licensed Application on any Apple device that you do not own or control.

UpClaw is an AI bot hosting service that allows you to deploy and manage a personal AI assistant accessible via Telegram. The Service includes:

• Provisioning and hosting of a personal OpenClaw server in your selected region;
• Configuration tools for AI model selection, communication style, and integrations;
• Telegram bot connectivity;
• Subscription management and billing via Apple In-App Purchases.

The Service relies on third-party AI APIs (OpenAI, Anthropic, Google Gemini) and messaging platforms (Telegram). We do not guarantee the availability, accuracy, or quality of responses generated by third-party AI models.

You must provide accurate, current, and complete information when creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate your account at any time, without notice, if we believe you have violated these Terms or if your use poses a risk to the Service, other users, or third parties.

Access to the Service requires a paid subscription, processed exclusively through Apple In-App Purchases. By purchasing a subscription, you agree to Apple's payment terms.

• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current subscription period;
• Renewal charges are applied within 24 hours prior to the end of the current period;
• Subscriptions may be managed in your Apple ID Account Settings;
• No refunds are provided for unused portions of a subscription period, except as required by applicable law or Apple's refund policy;
• A free trial, if offered, begins at the start of the trial period. Unused trial time is forfeited upon purchase of a subscription.

We reserve the right to change subscription prices at any time with reasonable advance notice. Continued use after a price change constitutes acceptance of the new pricing.

You agree not to use the Service to:

• Generate, transmit, or store content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable;
• Violate any applicable local, national, or international law or regulation;
• Infringe the intellectual property, privacy, or other rights of any third party;
• Attempt to gain unauthorized access to any systems, networks, or data;
• Transmit spam, malware, or any other malicious or harmful code;
• Interfere with or disrupt the integrity or performance of the Service;
• Circumvent any security or access controls of the Service.

We reserve the right to investigate and take appropriate action against violations, including suspending or terminating your account and reporting to law enforcement where required.

The Application Provider is solely responsible for providing maintenance and support services for the Licensed Application. Apple has no obligation to furnish any maintenance or support services with respect to the Licensed Application.

We will use commercially reasonable efforts to maintain the Service but do not guarantee uninterrupted availability. We may perform maintenance that temporarily affects availability and will endeavor to notify users in advance where practicable.

For support, contact: support@upclaw.app

You agree that we 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 related to the Licensed Application.

We may use this information, as long as it is in a form that does not personally identify you, to improve our products and services. For full details, see our Privacy Policy.

The Licensed Application may use third-party services that have their own Terms of Service and Privacy Policies. Your use of such services is subject to their respective terms, including but not limited to:

• Google Terms of Service (Firebase)
• RevenueCat Terms of Service
• OpenAI Terms of Use
• Anthropic Consumer Terms
• Telegram Terms of Service

The Licensed Application, including its source code, design, text, graphics, logos, and all other content, is the exclusive property of the Application Provider and is protected by copyright, trademark, and other applicable intellectual property laws. This Agreement does not grant you any rights to trademarks or service marks of the Application Provider.

You retain ownership of content you create using your AI assistant. However, you grant us a limited license to process and transmit such content solely to the extent necessary to provide the Service.

The Application Provider, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of the Licensed Application, including but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

THE LICENSED APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE APPLICATION PROVIDER DOES NOT WARRANT THAT THE LICENSED APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVES CREATES A WARRANTY.

THE AI MODELS INTEGRATED INTO THE SERVICE MAY PRODUCE INACCURATE, INCOMPLETE, OR INAPPROPRIATE RESPONSES. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND USING ANY AI-GENERATED CONTENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE APPLICATION PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, EVEN IF THE APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION PROVIDER'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE LICENSED APPLICATION IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) USD $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold harmless the Application Provider and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) any content you submit, post, or transmit through the Service.

This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any term of this Agreement. Upon termination, you must cease all use of the Licensed Application and destroy all copies of it.

We may terminate or suspend your access to the Service immediately, without prior notice, for any reason, including if we reasonably believe you have violated these Terms. Upon termination, your right to use the Service will immediately cease.

Sections 10, 13, 14, 15, and 17 survive termination of this Agreement.

This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. Any disputes arising under this Agreement shall be resolved exclusively in the state or federal courts located in Santa Clara County, California, and you consent to personal jurisdiction in such courts.

Notwithstanding the foregoing, the Application Provider may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last updated" date and, where appropriate, notifying you within the app or via email. Your continued use of the Service after any changes constitutes your acceptance of the revised Terms.

If you do not agree to the modified Terms, you must stop using the Service and cancel your subscription.

For questions about these Terms, or to report a violation, please contact us:

Apple's Standard EULA is available at: apple.com/legal/internet-services/itunes/dev/stdeula/