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SmartGenix AI LLC Mobile Application Terms of Use

Effective Date: January 19, 2026

These are the Terms of Use (the "Terms") for the SmartGenix AI LLC ("SmartGenix AI") applications, including but not limited to Epic Characters AI and Epic Stories AI ("Applications") and all user manuals, technical manuals, and any other materials provided by SmartGenix AI, in printed, electronic, or other form, that describe the Services or its use or specifications (collectively, our "Services"). These Terms are supplemented by platform-specific addendums applicable to mobile applications downloaded from the Apple App Store or Google Play Store. In the event of any conflict, the applicable platform addendum shall control.

By using our Services, you acknowledge you have read our Mobile App Privacy Policy and agree to our Terms of Use and any other documentation, guidelines, or policies we make available to you from time to time.

I. Eligibility Requirements

SmartGenix AI Services are not directed to, or intended for, children under the age of 13, and we do not permit children under 13 to use the Services. Children under the age of 18 may not use the Services without a parent or legal guardian. If you have reason to believe that a child under 13 has provided Personal Information to us through the Services, please contact us and we will promptly delete any Personal Information provided to us in violation of this section.

II. License to Use the Services

Subject to your compliance with these Terms, SmartGenix AI hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, license to use the Services solely in accordance with these Terms for your own uses, including personal and commercial. Characters you create with Epic Characters AI are yours to use for both personal and commercial projects. This includes published novels, tabletop RPG campaigns, video games, and comics.

You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under these Terms, or any other rights thereto.

Refunds, billing, and subscription management for applications downloaded through the Apple App Store or Google Play store are governed by the applicable platform's policies, not SmartGenix AI.

III. Representations & Warranties to SmartGenix AI

By using our Services, you represent, warrant, and agree:

• You meet all age and eligibility requirements expressed in these Terms;
• You are solely responsible for the accuracy, legality, and appropriateness of your use of the Services, including all data, files, and communications entered into the Services, as well as the use of downloadable assets generated from the Services; and
• You will only use our Services for lawful purposes.

IV. Responsible Use & Disclosure

Disclosures. You agree to disclose your use of the Services and obtain consent to use the Services as required by, and in accordance with, applicable law. Without limiting the foregoing, you agree to disclose:

• Your use of the Services in connection with any regulated service or service typically performed by a licensed or certified professional; and
• That any Output (defined below) has been artificially generated or manipulated.

Decision Making. In the event the Services are used for making decisions, with legal or similarly significant effects on an individual or group, including profiling, you must provide the impacted individual with the right to opt-out in accordance with laws, and ensure human review of the decision.

Evaluating Accuracy. You must evaluate Output (defined below) for accuracy and appropriateness. Do not solely rely on the Services to provide accurate Output. You are responsible for any actions taken or not taken as a result of reliance on the Output.

V. Prohibited Uses

You agree not to use our Services:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise;
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
• To violate the intellectual property rights of others, including copyright, patent, or trademark rights;
• To impersonate or attempt to impersonate SmartGenix AI, a SmartGenix AI employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the SmartGenix AI or users of the Services, or expose them to liability.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services;
• Input into the Services any third-party intellectual property, any sensitive information including but not limited to financial information, credit card information, or any personal information protected by the Health Insurance Accountability and Portability Act ("HIPAA") or other applicable data protection laws;
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
• Use any device, software, or routine that interferes with the proper working of the Services;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, or any server, computer, or database connected to the Services or attack the Services in any way; or
• Otherwise attempt to interfere with the proper working of the Services.

VI. Input & Output

Input Ownership. You are responsible for all content you upload to the SmartGenix AI Services ("Input") including ensuring that it does not violate any applicable laws or these Terms. You represent, warrant, and agree that you have all necessary rights and permissions to provide the Input to the Services.

Input License to SmartGenix AI. By entering Input into the SmartGenix AI Services, you grant to SmartGenix AI a perpetual, worldwide, non-exclusive, sublicensable no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute the Input. This license survives termination of these Terms by any party, for any reason. We may use Input to provide, maintain, and improve our Services, comply with applicable law, enforce these Terms, and keep our Services safe.

License to SmartGenix AI Output. Subject to these Terms, we grant you an exclusive, non-transferrable, right and limited license to access and use the product created from the Services ("Output") SmartGenix AI. You acknowledge and agree that the Output is provided under license, and not sold, to you. You do not acquire any ownership interest in the Output under these Terms, or any other rights thereto.

Similarity of Output. Due to the nature of our Services and artificial intelligence generally, Output may not be unique, and other users may receive similar Output from our Services.

Accuracy. When using our Services, you understand and agree that Output may not always be accurate. You represent and warrant that you will use Output only in accordance with these Terms.

VII. SmartGenix AI Confidential Information

In connection with your use of the Services, you may obtain access to certain non-public, proprietary, or confidential information of SmartGenix AI ("Confidential Information"). When using the Services, you represent, warrant, and agree that you will maintain the confidentiality of Confidential Information and use it solely within the scope of the license granted under these Terms.

You shall not disclose Confidential Information to any third party without SmartGenix AI's prior written consent.

VIII. Registering for an Account

In order to use or access certain Services or features of the Services, you may be asked to register for a user account (an "Account") and become a registered user of the Services (a "Registered User"). By becoming a Registered User, you agree to:

• Provide accurate, current, and complete information about the Registered User during the registration process;
• Maintain and promptly update such information to keep it accurate, current, and complete;
• Maintain the security of your password and login information, and that you will not disclose your password or login information to any third party;
• Accept full responsibility for all use of any Account you register, and for any actions that arise from or take place using your Account, whether or not you have authorized such actions or use; and
• Immediately notify SmartGenix AI of any unauthorized use of your Account.

IX. Termination of Access

SmartGenix AI maintains the right to suspend or disable your access to the Services and any Account you may have created, or terminate these Terms, at our sole discretion and without prior notice to you if you breach the Terms, or if SmartGenix AI otherwise determines such action is warranted. SmartGenix AI reserves the right to revoke your access to and use of the Services at any time, with or without cause.

X. Intellectual Property and Information Collection

Service Content, Software and Trademarks. You acknowledge and agree that our Services may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by SmartGenix AI, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on our Services or Service Content, in whole or in part, except that the foregoing does not apply to any of your own feedback that you legally upload to our Services.

The SmartGenix AI name and logos are trademarks and service marks of SmartGenix AI (collectively the "SmartGenix AI Trademarks"). Other SmartGenix AI, product, and service names and logos used and displayed via our Website may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to SmartGenix AI. Nothing in these Terms or in our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of SmartGenix AI Trademarks displayed through our Services, without our prior written permission in each instance. All goodwill generated from the use of SmartGenix AI Trademarks will inure to our exclusive benefit.

Feedback Transmitted Through Our Services. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, and other information regarding user experience of the Services ("Feedback"), provided by you to SmartGenix AI is non-confidential, and SmartGenix AI will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. For the avoidance of doubt, Feedback does not include Input. The use of Input is governed by Section VI.

DMCA Policy. It is SmartGenix AI's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law—including, in the United States, the Digital Millennium Copyright Act, the text of which can be found at the U.S. Copyright Office website. That means that if we receive such a notice for content hosted in our platforms, we will remove or disable access to that content subject to applicable laws and make a good faith effort to give notice of the claimed infringement to the account holder. Please note that a copy of each legal notice we receive is sent to a third-party which may publish and/or annotate it.

In the U.S., if we receive a counter notification from the account holder pursuant to sections 512(g)(2) and (3) of the DMCA, we may reinstate access to the content. If we do not receive a counter notification from the account holder within 10 days of giving notice of the claimed infringement, we will be forced to permanently delete the content.

We also terminate the accounts of subscribers who are repeat infringers. The manner in which that policy is applied depends on the relevant circumstances and whether SmartGenix AI is able to distinguish individual users who upload infringing materials. If you are a SmartGenix AI account holder, you are responsible for the activities of your users to whom you allow access to your account. This means that if one or more of your users is utilizing infringing content, and you do not remove it and take appropriate steps to terminate users who are repeat infringers, your account may be terminated.

To file a notice of infringement with us, please contact us at: copyright@smartgenix.ai

Please include the following information in your notice of infringement to our designated copyright agent:

• Identification of the copyrighted work you believe has been infringed.
• Identification of the content on SmartGenix you claim to be infringing your rights, including the information we need to help us find it.
• Your mailing address, phone number and email address.
• Both of these statements in the body of your notice:
  • "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (for example, as a fair use)."
  • "I hereby state that the information in this notice is accurate and, under penalty of perjury, that I'm the owner, or authorized to act on behalf of the owner of the copyright or of an exclusive right under the copyright that's allegedly infringed."
• Your full legal name and your electronic or physical signature (for example, by typing your full name).

Send your completed copyright report to:

This email address should only be used for copyright infringement reports. Please note there are potential legal and financial consequences for fraudulent or bad faith copyright infringement reports. Before submitting a copyright report, make sure you have a good faith belief that the content reported is infringing, including a consideration of fair use, and that you understand the repercussions of submitting a false report.

Information Collection. SmartGenix AI may, directly or indirectly through the services of others, collect and store information regarding use of the Services and about equipment on which the Services is installed or through which it otherwise is accessed and used. You agree that the SmartGenix AI may use such information for any purpose related to any use of the Services by you, including but not limited to: (i) improving the performance of the Services or developing updates; and verifying compliance with the terms of these Terms and enforcing SmartGenix AI's rights, including all intellectual property rights in and to the Services.

XI. Communications

As part of your use of our Services, you consent to receive electronic notifications from SmartGenix AI. You may opt-out of receiving certain notifications from SmartGenix AI by completing the opt-out process provided in each email message. By opting-out, you understand that we may not be able to communicate certain information to you. Please note we may still contact you regarding certain transactional announcements or notifications even if you have opted-out from other messages.

XII. Indemnity and Release

You agree to release, indemnify, and hold harmless SmartGenix AI, its affiliates, and its and their respective officers, employees, directors, members, and agents from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of, or relating to, your use of Services and interactions with us, your violation of these Terms, or your violation of any rights of another.

XIII. Disclaimer of Warranties Related to our Services

YOUR USE OF OUR SERVICES AND YOUR INTERACTIONS WITH US IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SMARTGENIX AI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

SMARTGENIX AI MAKES NO WARRANTY THAT: (I) OUR SERVICES OR OTHER INTERACTIONS WILL MEET YOUR REQUIREMENTS, (II) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURELY, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.

XIV. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SMARTGENIX AI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SMARTGENIX AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE, OR THE INABILITY TO USE, OUR SERVICES OR ANY CONTENT; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS, OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR SERVICES OR CONTENT. IN NO EVENT WILL SMARTGENIX AI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, EXCEED THE AMOUNT YOU HAVE PAID SMARTGENIX AI IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.

XV. General

Modification. We may modify these Terms at any time. We will post the changes on our or Services with the effective date, and notify you of any material changes. Your continued use of our Services or continued interactions with us after the date of any such changes become effective constitutes your acceptance of these Terms.

Governing Law. Terms will be governed by the laws of Indiana without regard to conflict of law provisions. With respect to any disputes not subject to the dispute resolution procedures set forth above, you and SmartGenix AI agree to submit to the personal and exclusive jurisdiction of the local courts located in Indianapolis, Indiana and the federal courts located in the United States District Court for the Southern District of Indiana.

Assignment. SmartGenix AI may assign or transfer these Terms, in whole or in part, without restriction.

No Waiver. The failure of SmartGenix AI to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Severability. In case any provision of these Terms is found by a court of competent jurisdiction to be invalid, the validity, legality, and enforceability of the remaining provisions will not be affected and remain in full effect. The parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.

Claim Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of the use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

XVI. Contact Us

Please contact us at information@smartgenix.ai

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PLATFORM ADDENDUM A: APPLE APP STORE ADDENDUM

SmartGenix AI LLC Mobile Application Terms of Use
Addendum for Apple App Store Distribution

Effective Date: December 22, 2025

This Apple App Store Addendum ("Addendum") supplements the SmartGenix AI LLC Mobile App Terms of Use ("Terms") and applies solely to your use of Applications (including Epic Characters AI and Epic Stories AI) downloaded from the Apple App Store. This Addendum is required by Apple Inc. and incorporates Apple's minimum terms for end-user license agreements.

In the event of any conflict between the Terms and this Addendum with respect to Applications obtained through the Apple App Store, this Addendum shall control.

1. Acknowledgement

You and SmartGenix AI LLC acknowledge that this agreement (the Terms, as supplemented by this Addendum) is concluded between You and SmartGenix AI LLC only, and not with Apple Inc. ("Apple"). SmartGenix AI LLC, not Apple, is solely responsible for the Application and the content thereof.

This agreement may not provide for usage rules for the Application that are in conflict with the Apple Media Services Terms and Conditions as of the date you accepted these terms.

2. Scope of License

The license granted to You for the Application is limited to a non-transferable license to use the Application on any Apple-branded products that You own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Application may be accessed and used by other accounts associated with You via Family Sharing or volume purchasing.

3. Maintenance and Support

SmartGenix AI LLC is solely responsible for providing any maintenance and support services with respect to the Application, as specified in the Terms, or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

For support inquiries, please contact:

4. Warranty

SmartGenix AI LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in the Terms.

In the event of any failure of the Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Application, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be SmartGenix AI LLC's sole responsibility.

5. Product Claims

SmartGenix AI LLC, not Apple, is responsible for addressing any claims by You or any third party relating to the Application or Your possession and/or use of the Application, including, but not limited to:

• (a) product liability claims;
• (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and
• (c) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Application's use of the HealthKit and HomeKit frameworks (if applicable).

The Terms may not limit SmartGenix AI LLC's liability to You beyond what is permitted by applicable law.

6. Intellectual Property Rights

You and SmartGenix AI LLC acknowledge that, in the event of any third-party claim that the Application or Your possession and use of the Application infringes that third party's intellectual property rights, SmartGenix AI LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

7. Legal Compliance

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.

8. Developer Contact Information

Any end-user questions, complaints, or claims with respect to the Application should be directed to:

9. Third-Party Terms of Agreement

You must comply with applicable third-party terms of agreement when using the Application. For example, if You are using the Application over a cellular data connection, You must not be in violation of Your wireless data service agreement when using the Application. You are solely responsible for compliance with any such third-party terms.

10. Third-Party Beneficiary

You and SmartGenix AI LLC acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this agreement (the Terms as supplemented by this Addendum), and that, upon Your acceptance of the terms and conditions of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against You as a third-party beneficiary thereof.

Contact Us

If you have any questions about this Addendum, please contact us at:

This Addendum was last updated on 12/22/2025. SmartGenix AI LLC reserves the right to modify this Addendum at any time. Your continued use of the Application following any changes constitutes acceptance of those changes.

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PLATFORM ADDENDUM B: GOOGLE PLAY STORE ADDENDUM

SmartGenix AI LLC Mobile Application Terms of Use
Addendum for Google Play Store Distribution

Effective Date: December 22, 2025

This Google Play Store Addendum ("Addendum") supplements the SmartGenix AI LLC Mobile App Terms of Use ("Terms") and applies solely to your use of Applications (including Epic Characters AI and Epic Stories AI) downloaded from the Google Play Store. This Addendum clarifies certain terms related to Google Play distribution and ensures compliance with the Google Play Developer Distribution Agreement.

In the event of any conflict between the Terms and this Addendum with respect to Applications obtained through the Google Play Store, this Addendum shall control. In the event of any conflict between this Addendum and the Google Play Developer Distribution Agreement, the Google Play Developer Distribution Agreement shall control.

1. Acknowledgement and Parties

This agreement (the Terms, as supplemented by this Addendum) is concluded between You and SmartGenix AI LLC only, and not with Google LLC ("Google") or any of its affiliates. SmartGenix AI LLC, not Google, is solely responsible for the Application and the content thereof.

Google is not responsible for, and will not have any liability whatsoever under, this agreement or the Terms.

2. License Grant

Subject to the Terms and this Addendum, SmartGenix AI LLC grants You a limited, non-exclusive, non-transferable, non-sublicensable, worldwide license to download, install, and use the Application on any Android device that You own or control, solely for Your personal, non-commercial use.

This license does not allow You to use the Application on any device that You do not own or control. You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time.

3. Role of Google

You acknowledge that:

• (a) Google acts solely as a distributor and storefront for the Application;
• (b) SmartGenix AI LLC, not Google, is the licensor of the Application;
• (c) Google has no obligation to provide any support, maintenance, warranty, or other services for the Application; and
• (d) Google has no responsibility or liability for any claims relating to the Application or Your use thereof.

4. Maintenance and Support

SmartGenix AI LLC is solely responsible for providing any maintenance and support services with respect to the Application. Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

For support inquiries, please contact:

5. Warranty Disclaimer

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTGENIX AI LLC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

SmartGenix AI LLC does not warrant that the Application will meet Your requirements, that the Application will be uninterrupted, timely, secure, or error-free, or that defects in the Application will be corrected.

Google expressly disclaims all warranties and conditions of any kind, whether express or implied, with respect to the Application.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMARTGENIX AI LLC OR GOOGLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• (a) Your access to or use of or inability to access or use the Application;
• (b) Any conduct or content of any third party on the Application;
• (c) Any content obtained from the Application; or
• (d) Unauthorized access, use, or alteration of Your transmissions or content.

IN NO EVENT SHALL SMARTGENIX AI LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU HAVE PAID SMARTGENIX AI LLC IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US $100).

7. Product Claims and Indemnification

SmartGenix AI LLC, not Google, is responsible for addressing any claims by You or any third party relating to the Application or Your possession and/or use of the Application, including but not limited to:

• (a) product liability claims;
• (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and
• (c) claims arising under consumer protection, privacy, or similar legislation.

You agree to indemnify and hold harmless Google, its affiliates, officers, agents, employees, and partners from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with Your use of the Application.

8. Intellectual Property

SmartGenix AI LLC, not Google, is solely responsible for the investigation, defense, settlement, and discharge of any claim that the Application or Your possession and use of the Application infringes any third party's intellectual property rights.

9. Export Compliance

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;
• (b) You are not listed on any U.S. Government list of prohibited or restricted parties; and
• (c) You will not use the Application in violation of any U.S. export laws or regulations.

10. Refunds

Refunds for purchases made through the Google Play Store are subject to Google's refund policies. SmartGenix AI LLC does not control Google's refund process. If You have questions about refunds, please contact Google Play Support or review Google's refund policies at https://support.google.com/googleplay/answer/2479637.

11. Updates and Modifications

SmartGenix AI LLC may from time to time develop updates, upgrades, bug fixes, patches, or other modifications to improve the performance of the Application ("Updates"). Updates may also modify or delete certain features and functionality. You agree that SmartGenix AI LLC has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

Updates will be delivered through the Google Play Store and may be automatically downloaded and installed. You consent to such automatic Updates and agree that the terms of this Addendum will apply to all such Updates.

12. Third-Party Services and Terms

The Application may enable access to third-party services and websites (collectively, "Third-Party Services"). You understand that by using the Application, You may encounter content that may be deemed offensive, indecent, or objectionable. You agree to use the Application and any Third-Party Services at Your sole risk.

When using the Application, You must comply with any applicable third-party terms of agreement. For example:

• (a) If You are using the Application over a cellular data connection, You must not be in violation of Your wireless data service agreement;
• (b) You must comply with any terms of service associated with AI services accessed through the Application; and
• (c) You must comply with Google's Terms of Service when using the Application downloaded from the Google Play Store.

13. Data Collection and Privacy

The Application may collect certain data as described in our Privacy Policy. By using the Application, You consent to such data collection. Our Privacy Policy is available at: https://epiccharacters.ai/app-privacy-policy.html

Google may also collect certain data in connection with Your download and use of Applications from the Google Play Store in accordance with Google's Privacy Policy.

14. Contact Information

For any questions, complaints, or claims regarding the Application, please contact:

15. Governing Law

This Addendum and any disputes arising out of or related to this Addendum or the Application shall be governed by the laws of the State of Indiana, United States, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Indianapolis, Indiana.

This Addendum was last updated on 12/22/2025. SmartGenix AI LLC reserves the right to modify this Addendum at any time. Your continued use of the Application following any changes constitutes acceptance of those changes.