END USER LICENSE AGREEMENT

Last updated July 04, 2024



TOA "That One Assistant" is licensed to You (End-User) by That One Tech Company, LLC, located and registered at PO BOX 540564, Grand Prairie, Texas 75054, United States ("Licensor"), for use only under the terms of this License Agreement. Our VAT number is 92-2894872.

By downloading the Licensed Application from , and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. referred to in this License Agreement as "Services."

The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. That One Tech Company, LLC, not the Services, is solely responsible for the Licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest ("Usage Rules"). That One Tech Company, LLC acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.

TOA "That One Assistant" when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. TOA "That One Assistant" is to be used on devices that operate with .


TABLE OF CONTENTS

1. THE APPLICATION
2. SCOPE OF LICENSE
3. TECHNICAL REQUIREMENTS
4. MAINTENANCE AND SUPPORT
5. USE OF DATA
6. USER-GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENSE
8. LIABILITY
9. WARRANTY
10. PRODUCT CLAIMS
11. LEGAL COMPLIANCE
12. CONTACT INFORMATION
13. TERMINATION
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
15. INTELLECTUAL PROPERTY RIGHTS
16. APPLICABLE LAW
17. MISCELLANEOUS


1. THE APPLICATION

TOA "That One Assistant" ("Licensed Application") is a piece of software created to Help users quickley get answers to complex questions, give essay suggestions, help with mathematics, chat, and more while not needing attention and out of the way. — and customized for mobile devices ("Devices"). It is used to Answer complex questions, give essay suggestions, help with mathematics, chat, manage emails, manage calendar, and more. .

ASC 606, GAAP, and IFRS Compliance The parties acknowledge that the software provided by That One Tech Company is subject to revenue recognition standards under ASC 606, GAAP, and/or IFRS, as applicable. That One Tech Company represents and warrants that the software is designed to comply with these standards, and that it has implemented appropriate processes and controls to ensure compliance. The Customer agrees to cooperate with That One Tech Company in its efforts to comply with these standards, including providing accurate and timely information as needed. ISO/IEC 27001 and SOC 2 Compliance That One Tech Company has implemented and maintains an information security management system (ISMS) in accordance with ISO/IEC 27001 and has obtained SOC 2 Type 2 certification. That One Tech Company represents and warrants that it has implemented appropriate security measures to protect Customer Data and that it will maintain the confidentiality, integrity, and availability of such data. The Customer acknowledges that That One Tech Company's compliance with these standards does not guarantee the security of Customer Data or prevent all unauthorized access, use, or disclosure. PCI DSS Compliance That One Tech Company complies with the Payment Card Industry Data Security Standards (PCI DSS) and has implemented appropriate security measures to protect payment card data. The Customer acknowledges that it is responsible for complying with its own obligations under PCI DSS and that That One Tech Company's compliance with these standards does not relieve the Customer of its own compliance obligations. GDPR Compliance That One Tech Company complies with the European Union's General Data Protection Regulation (GDPR) and has implemented appropriate measures to protect the personal data of EU data subjects. The Customer acknowledges that it is responsible for complying with its own obligations under GDPR and that That One Tech Company's compliance with these standards does not relieve the Customer of its own compliance obligations. HIPAA Compliance That One Tech Company complies with the Health Insurance Portability and Accountability Act (HIPAA) and has implemented appropriate measures to protect the protected health information (PHI) of individuals. The Customer acknowledges that it is responsible for complying with its own obligations under HIPAA and that That One Tech Company's compliance with these standards does not relieve the Customer of its own compliance obligations.


2. SCOPE OF LICENSE

2.1  This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

2.2  You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with That One Tech Company, LLC's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.

2.3  You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with That One Tech Company, LLC's prior written consent).

2.4  Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.5  Licensor reserves the right to modify the terms and conditions of licensing.

2.6  Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.


3. TECHNICAL REQUIREMENTS

3.1  Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.2  You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.

3.3  Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.


4. MAINTENANCE AND SUPPORT

4.1  The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the Overview for this Licensed Application.

4.2  That One Tech Company, LLC and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.


5. USE OF DATA

You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: https://app.termly.io/document/privacy-policy/62a3afee-9342-46b4-8615-871652eaab17.

You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.


6. USER-GENERATED CONTRIBUTIONS

The Licensed Application does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Licensed Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.

Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.


7. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions of other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.


8. LIABILITY

8.1  Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.


9. WARRANTY

9.1  Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.

9.2  No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of That One Tech Company, LLC's sphere of influence that affect the executability of the Licensed Application.

9.3  You are required to inspect the Licensed Application immediately after installing it and notify That One Tech Company, LLC about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of thirty (30) days after discovery.

9.4  If we confirm that the Licensed Application is defective, That One Tech Company, LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

9.5  In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

9.6  If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
   

10. PRODUCT CLAIMS

That One Tech Company, LLC and the End-User acknowledge that That One Tech Company, LLC, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that 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.


11. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.


12. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
       
That One Tech Company
P.O Box 540564
Grand Prairie, TX 75054
United States
info@thatonetechcompany.com


13. TERMINATION

The license is valid until terminated by That One Tech Company, LLC or by You. Your rights under this license will terminate automatically and without notice from That One Tech Company, LLC if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
      

14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

That One Tech Company, LLC represents and warrants that That One Tech Company, LLC will comply with applicable third-party terms of agreement when using Licensed Application.

In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.


15. INTELLECTUAL PROPERTY RIGHTS

That One Tech Company, LLC and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, That One Tech Company, LLC, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.


16. APPLICABLE LAW

This License Agreement is governed by the laws of the State of Texas excluding its conflicts of law rules.


17. MISCELLANEOUS

17.1  If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
               
17.2  Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

17.3  That One Assistant "TOA" will be refered as That One Assistant or TOA throughout the agreement representing the product provided. Modification of "TOA" or Downloaded Files by That One Tech Company: The Company may modify the "TOA" program or any downloaded files from the TOTC website at any time, and such modifications will be effective immediately upon posting on the TOTC website. The Customer's continued use of the software following any such modifications constitutes their acceptance of the modified "TOA" program or downloaded files. The Company will not be liable to the Customer or any third party for any modification or update to the "TOA" program or any downloaded files from the TOTC website. Tampering with "TOA" or Downloaded Files by Customers: The Customer agrees not to tamper with the "TOA" program or any downloaded files from the TOTC website. Any attempt to modify, reverse engineer, decompile, disassemble, or otherwise tamper with the "TOA" program, any downloaded files, or the software as a whole is strictly prohibited and in violation of these Terms and Conditions. The Customer acknowledges and agrees that such actions may result in irreparable harm to the Company and that the Company may seek any available legal remedies to protect its rights. The Customer acknowledges and agrees that any modification to the "TOA" program or downloaded files from the TOTC website is done at their own risk and that the Company is not liable for any damages, losses, or expenses resulting from such modifications. The Customer also acknowledges and agrees that they are solely responsible for ensuring that their use of the software, "TOA" program, and any downloaded files is in compliance with all applicable laws and regulations. The Customer agrees to indemnify, defend, and hold harmless the Company from and against any claims, damages, or expenses arising out of or related to the Customer's breach of this clause. Redistribution of "TOA" Software: The Customer may download the "TOA" software for their own personal or business use, but the Customer is strictly prohibited from redistributing or reselling the "TOA" software to any third party. The Customer agrees not to distribute, copy, reproduce, modify, decompile, reverse engineer, or disassemble the "TOA" software, or any part thereof, in any manner or form. The Customer acknowledges and agrees that any unauthorized distribution of the "TOA" software is a violation of these Terms and Conditions and may result in irreparable harm to the Company. The Customer agrees that they will be liable for any damages, losses, or expenses incurred by the Company as a result of the Customer's unauthorized distribution of the "TOA" software. The Customer agrees to indemnify, defend, and hold harmless the Company from and against any claims, damages, or expenses arising out of or related to the Customer's breach of this clause. The Customer acknowledges and agrees that the Company is not liable for any damages, losses, or expenses resulting from the Customer's unauthorized distribution of the "TOA" software. The Company also reserves the right to seek any available legal remedies to protect its rights, including but not limited to injunctive relief and damages. Output Generated by "TOA" Software: The Company makes no representations or warranties regarding the accuracy, completeness, or reliability of the output generated by the "TOA" software. The Customer acknowledges and agrees that the output generated by the "TOA" software is based on the information inputted by the Customer and may contain errors or inaccuracies. The Customer acknowledges and agrees that the Company is not liable for any damages, losses, or expenses resulting from the use of the output generated by the "TOA" software. The Customer assumes all responsibility and risk associated with the use of the output generated by the "TOA" software. The Customer acknowledges and agrees that the "TOA" software is a tool to assist the Customer in their business operations, and that the Customer is solely responsible for ensuring that the output generated by the "TOA" software is accurate and reliable. The Customer acknowledges and agrees that they will not rely solely on the output generated by the "TOA" software in making business decisions. The Customer agrees to indemnify, defend, and hold harmless the Company from and against any claims, damages, or expenses arising out of or related to the use of the output generated by the "TOA" software. The Customer acknowledges and agrees that this clause shall survive the termination of these Terms and Conditions. TOA Email User Consent: By using the Software, you consent to grant the Software access to your email account, contact list, and the ability to send emails on your behalf. You understand and acknowledge that the Software requires this access to perform its intended functions. TOA Email Data Privacy and Security: The Software will handle your email data, contact list, and attachments with appropriate measures to ensure privacy, security, and confidentiality. However, the Licensor cannot guarantee absolute security, and you acknowledge that the Internet is not a completely secure environment. Compliance with Email Provider Terms: You agree to comply with the terms and conditions of your email provider (e.g., Gmail, Outlook, Yahoo) while using the Software. The Licensor is not responsible for any violations of those terms by the End User. Prohibited Activities: You shall not use the Software for any illegal or unauthorized purposes, including but not limited to sending spam emails, engaging in fraudulent activities, or violating the privacy of others. The End User is solely responsible for their actions while using the Software. Unauthorized actions such as theft, copying, modification, or any misuse of API keys, secrets, or any other TOTC or TOA credentials is strictly prohibited. Unauthorized use or modification of TOA and TOTC assets and services is strictly prohibited. TOA is not intended for romantic relationships; refrain from pursuing such relationships with TOA. Support and Updates to the Application: The Licensor may provide support for the Software at its sole discretion. The Licensor is not responsible for any interruptions, unavailability, or errors in the Software. Updates to the Software may be provided, and the terms of this EULA will apply to any such updates. TOA Calendar Consent: By using the Software, you consent to granting the Software access to your calendar and authorizing it to manage your calendar through commands from the program. You understand and acknowledge that the Software requires this access to perform its intended functions. TOA Calendar Privacy and Security: The Software will handle your calendar data with appropriate measures to ensure privacy, security, and confidentiality. However, the Licensor cannot guarantee absolute security, and you acknowledge that the Internet is not a completely secure environment. TOA Compliance with Calendar Provider Terms: You agree to comply with the terms and conditions of your calendar provider (e.g., Google Calendar, Microsoft Outlook Calendar) while using the Software. The Licensor is not responsible for any violations of those terms by the End User. TOA Locational Services: The Software provides location-based services that may require access to your device's location information. By using the Software, you consent to the collection, storage, and use of your location information as necessary for the proper functioning of the Software. TOA Location Services Data Privacy and Security: The Licensor takes data privacy and security seriously. The Software will handle your location data with appropriate measures to ensure privacy, security, and confidentiality. However, the Licensor cannot guarantee absolute security, and you acknowledge that the Internet is not a completely secure environment. TOA Email and Marketing: TOA users take full responsibility and custody of all emails sent through TOA. The User acknowledges that TOA shall not be liable for any unsolicited communications, including but not limited to spam, promotional emails, or analogous messages, that may originate or be generated as a result of user input, scripts, macros, bots, or any similar methods. Users hereby commit to adhering to all applicable United States Laws and Legislation pertaining to electronic communications, including, without limitation, the 'CAN-SPAM Act'. Any non-compliance will be the sole responsibility of the User. TOA Solicited and Unsolicited Emails and Email Attachments: The User acknowledges and agrees that neither TOA nor That One Tech Company shall bear responsibility or liability for any solicited or unsolicited emails, or for any damages arising from email attachments transmitted via TOA, irrespective of their origin, whether derived from user input, scripts, macros, bots, or any analogous methods. Users assume full risk and responsibility for their interactions and transmissions through TOA. TOA Accuracy and User Use of Generated Responses: The User acknowledges and understands that TOA does not purport to be an expert or authoritative source. TOA shall not be held responsible or liable for the accuracy, reliability, or validity of any data, advice, recommendations, or any similar content generated or provided. Users are advised to exercise their own judgment and discretion when relying on such content. The User acknowledges and agrees that any use of the responses generated by TOA and any actions undertaken based upon such responses are at the User's sole risk and discretion. TOA shall not be liable for, nor held responsible for, any consequences, damages, or outcomes resulting from the User's actions or decisions based on the said responses. The User acknowledges and agrees that neither TOA nor That One Tech Company shall be liable or held accountable for any injuries, including death, sustained by users as a result of or in connection with the use of TOA. Users assume all risks associated with their use of the platform and its functionalities. TOA AI uprising: The User acknowledges and understands that neither TOA nor That One Tech Company shall be held liable or accountable for any events, damages, or consequences arising from robot, animatronic, or AI uprisings or rebellions. Any such occurrences are outside the purview and responsibility of TOA and That One Tech Company and users interact with the platform accepting these inherent risks. TOA Google Version(s) - Google Account Requirement: A valid and active Google user account is required to use some functions of TOA. Usage of another's Google user account is prohibited without consent from the user. That One Tech Company cannot be held accountable for the unauthorized use of a Google account. TOA Microsoft Version(s) - Microsoft Account Requirement: A valid and active Microsoft user account is required to use some functions of TOA. Usage of another's Microsoft user account is prohibited without consent from the user. That One Tech Company cannot be held accountable for the unauthorized use of a Microsoft account. TOA Microsoft Version(s) - Microsoft Office Subscription Requriement: A valid and active Microsoft Office subscription, or equivalent, is required to use some functions of TOA. Usage of another's Microsoft Office subscription is prohibited without consent from the user. That One Tech Company cannot be held accountable for the unauthorized use of a Microsoft Office subscription. TOA Valid License Key Requirement and Cost Changes: The User acknowledges that a valid license key is essential for the activation of TOA. By downloading and installing TOA, the User expressly accepts and understands the mandate to purchase a license key for TOA activation. The User agrees not to utilize TOA without the acquisition of a valid license key. All license keys must exclusively be procured from That One Tech Company either directly through TOA, via the official website at http://www.thatonetechcompany.com, or through the TOA app, using the designated payment services provided. Any acquisition of license keys from unauthorized sources shall be deemed invalid. That One Tech Company expressly reserves the right, at its sole discretion, to modify the pricing of TOA, the payment methods and services associated with purchasing TOA, and the duration or availability of free trial periods for TOA. Changes will be communicated as deemed appropriate by That One Tech Company, and users are encouraged to regularly review terms and conditions to remain informed. TOA Subscription Cancelation: In the event of a cancellation of TOA user subscription, the User acknowledges and agrees that they are not entitled to any form of reimbursement or refund. All subscription fees paid prior to cancellation are non-refundable. TOA Subscription Payment Terms: a. Free Trial: That One Tech Company may offer a free trial period for the Service. If you do not make a valid payment by the end of the free trial, you acknowledge and agree that That One Tech Company has the right to revoke your access to the Service. b. Billing Periods: Payments are due in advance for each billing period. If a valid payment is not received within 2 days of the beginning of a new billing period, That One Tech Company reserves the right to revoke your access to the Service. TOA Subscription Refunds: In the event that access to the Service is revoked due to non-payment or late payment, you acknowledge and agree that a refund may not be issued for any amounts already paid. TOA Terminiation of Access: That One Tech Company reserves the right to terminate or suspend your access to the Service at any time, without notice, for conduct that That One Tech Company believes violates this Agreement or is harmful to other users of the Service, That One Tech Company, or third parties, or for any other reason. TOA Limitation of Liability Extended: To the maximum extent permitted by applicable law, That One Tech Company shall not be liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if That One Tech Company or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed its essential purpose. TOA General Agreement Extended: This Agreement is the entire agreement between you and That One Tech Company and supersedes any other communications or advertising with respect to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. TOA Reliable Networkk Requirment: The user acknowledges that in order for TOA to work or perform efficiently that a suitable, secure, and reliable network connection is used and sustained throughout use. TOA Google Information Acknowledgment: TOA will adhere to Google's API Services User Data Policy, including Limited Use requirements when using or transferring information received from Google APIs to any other app. Internet Conectivity: The user must have an active internet connection to use the That One Assistant (TOA). TOA relies on a stable and continuous internet connection, and the user is responsible for ensuring that they have access to the internet for TOA to function properly. That One Assistant (TOA) is capable of functioning with various internet connection speeds, we recommend that the user have a fast and stable internet connection for optimal accuracy and user experience. The user should be aware that the quality of their internet connection can affect the performance of TOA, and therefore, it is advisable to maintain a fast and stable connection for the best results. Microphone Acknowledgment: The User must have a functional microphone to use That One Assistant (TOA). TOA requires audio input, so it is the User's responsibility to ensure that they have a compatible and operational microphone connected to their device to use TOA properly. The User acknowledges that That One Assistant (TOA) will remain active and listen to their audio inputs, even when muted, as it is necessary for TOA's proper functioning. The user must also understand and agree that That One Tech Company or TOA does not record any audio nor keep transcripts of the conversations during TOA sessions. The listening feature is only meant for real-time processing and does not involve the storage or recording of any user-generated audio content. Advertising and Marketing: Unless explicitly stated otherwise, That One Tech Company reserves the right to use a user's company or affiliate identity in marketing, press releases, or other advertising materials.