These Terms of Service (“Terms”) are a legal agreement between you and Duy Cao (“we”, “us”, or “our”) governing your use of the AI XCTestGenerator mobile application (the “App”).
The App is a developer productivity tool that helps you generate XCTest files and test cases for Xcode projects and Swift source files.
If you obtained the App through the Apple App Store, your use of the App is also governed by the Apple Media Services Terms and Conditions, including Apple’s Standard Licensed Application End User License Agreement (“Apple Standard EULA”), available at: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/ .
These Terms are supplemental to the Apple Standard EULA. In the event of any conflict between these Terms and the Apple Standard EULA, the Apple Standard EULA will prevail to the extent of the conflict.
You acknowledge and agree that:
Subject to your compliance with these Terms and the Apple Standard EULA, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
The license granted to you for the App is limited to a license to use the App 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 App may also be accessed and used by other accounts associated with you via Family Sharing or volume purchasing, if applicable.
You acknowledge that the App is licensed, not sold, to you.
The App may offer in-app purchases (“IAPs”) to unlock additional features or remove limitations.
You agree to use the App only for lawful purposes and in accordance with these Terms and the Apple Standard EULA. You agree that you will not:
The App is designed to analyze your local Xcode projects and Swift source files in order to generate XCTest files and test case stubs.
If we later enable any feature that uploads data (for example, cloud sync or remote processing), we will update these Terms and the Privacy Policy accordingly.
You are responsible for ensuring that you have the rights and permissions necessary to use the App with any code, repositories, or project files, especially if they are confidential or proprietary.
Except for your own code and project files, all intellectual property rights in and to the App (including but not limited to software, design, text, graphics, logos, icons, and trademarks) are owned by us or our licensors.
Nothing in these Terms gives you any rights to our trademarks, logos, or other brand elements, except for the limited license to use the App as explicitly granted above.
The App may use third-party libraries, frameworks, or services (for example, Apple’s Xcode and XCTest frameworks, or third-party analytics or crash-reporting if enabled).
Your use of any third-party tools or services is subject to their own terms and privacy policies. We are not responsible for any third-party services or their content.
To the maximum extent permitted by applicable law, the App is provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that the App will meet your requirements, that the App will be error-free or uninterrupted, or that any defects will be corrected.
You are solely responsible for verifying generated test code before using it in your projects, and for maintaining appropriate backups and version control.
To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, any loss of data, code, or business interruption, arising out of or in connection with your use of the App, even if we have been advised of the possibility of such damages.
Our total liability for any claims arising out of or relating to the App or these Terms shall not exceed the amount actually paid by you for the App or in-app purchases during the twelve (12) months preceding the event giving rise to the claim, or, if no such amounts were paid, ten United States dollars (USD 10).
You agree to indemnify, defend, and hold harmless Duy Cao and any officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:
We may, at our discretion, modify, update, or discontinue the App (in whole or in part), and/or update these Terms from time to time.
If we make material changes to these Terms, we will provide notice within the App or by other reasonable means. Your continued use of the App after the effective date of the updated Terms constitutes your acceptance of the changes.
We may suspend or terminate your access to the App at any time, with or without notice, if you violate these Terms or if we discontinue the App.
Upon termination, the license granted to you under these Terms will immediately cease, and you must stop using and, if requested, delete the App from your devices. Sections that by their nature should survive termination (such as ownership provisions, disclaimers, limitations of liability, and indemnification) will survive.
These Terms are governed by and construed in accordance with the laws of Vietnam, without regard to its conflict of laws principles.
Any disputes arising out of or related to these Terms or the App shall be subject to the exclusive jurisdiction of the courts of Vietnam, unless applicable consumer law requires otherwise.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms and the Apple Standard EULA as they relate to your license of the App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
If you have any questions about these Terms, please contact us at:
Email:
duyckhl@gmail.com