Last Updated: [01/07/2025]
Please read the following terms and conditions carefully as they apply to your use of the LabuKey service.
The LabuKey service is provided and made available by LabuKey team.
LabuKey is a generative artificial intelligence service which may be provided via websites, mobile applications and/or software applications ("Service"). By downloading, accessing and/or using the Service and any of its websites, applications, pages, features, information and/or content, you are agreeing to be bound by these terms. If you do not understand or agree to these terms, you should not use the Service and should uninstall any mobile application and/or software application relating to the Service. LabuKey has the right to update or make changes to the Service and these Terms of Service ("Terms of Service" or this "Agreement") from time to time which shall be binding on you, and you should check these terms from time to time for any updates.
If you are under 18 years of age (i.e. a minor), you must have a legal guardian (such as a parent) accept this Agreement as a guarantor. If you are accepting this Agreement as a guarantor, you agree to guarantee the relevant minor's compliance of the terms of this Agreement, and that this Agreement shall be enforceable against you in the event of the relevant minor's breach.
You may be required to provide certain personal data and/or to register a user account with us in order to access the Service, including without limitation your login details, telephone number and/or one-time password sent to you. Where you are required to do so:
(a) you must provide us with accurate, complete, legal and updated personal data and registration information as
required by us;
(b) you shall keep the details of your registration secure and confidential, including any log-in details and/or
one-time password which provides you access to the Service. You agree that we shall not be responsible or liable
for any unauthorised use of your user account, including any unauthorised access to the Service via your user
account, by any other person;
(c) you authorise us to assume that any person using the Service with your log-in details and/or one-time
password, is you. You agree that you are responsible for any and all activity related to the Service accessed or
used via your log-in details, and you agree not to transfer, lend or otherwise provide your user account to be
used by any other person.
You also agree to maintain and promptly update any information you provide to us (including but not limited to any personal data) to keep it current, complete, accurate and legal. The personal data you provide to us in connection with the Service, including those provided to create your user account, will be dealt with in accordance with the LabuKey PRIVACY POLICY (accessible at [LabuKey PRIVACY POLICY]) ("Privacy Policy").
You acknowledge that we may add, delete, remove, modify, disable, suspend, discontinue or restrict some or all of the Service at our sole discretion without notice to you, and you acknowledge that: (i) you may no longer be able to use the Service to the same extent, or at all, as prior to such events, and (ii) LabuKey shall have no liability to you or any third party in such case.
You agree to use the Service for your personal and non-commercial purpose, and you are solely responsible for all Input and/or Output that you submit, input into and/or transmit through the Service. As between you and LabuKey, any and all rights (including without limitation to intellectual property rights) in or to the Service or any part thereof are and shall remain the exclusive property of LabuKey.
As a condition of your use of the Service or any part thereof, you agree that you will not:-
(a) use the Service for any purpose that is unlawful, unauthorised or prohibited by any Applicable Laws (whether
criminal or civil);
(b) transmit, input, upload, create, generate or promote any content (including but not limited to Input or
Output) or engage in any activity that is harmful to you or others, including any content or activity that could
be viewed as harassment, bullying, abusive, defamatory, discriminatory, offensive, threatening, intimidating,
indecent, obscene, violent or vulgar;
(c) trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our
servers and/or any data areas for which you have not been authorised by us, and/or attempt to circumvent any
filtering or security measures or in any way interfere with, interrupt, destroy or limit the proper working or
functionality of the Service;
(d) interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures
of such networks;
(e) transmit, input, upload, create, generate or promote any content (including but not limited to Input or
Output) that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious
programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or
telecommunication equipment in connection with or relating to the Service;
(f) attempt to redistribute, sell, revise, adapt, translate, reverse engineer, decompile, disassemble any part of
the Service, including without limitation attempts to access the source code, algorithms, models and/or underlying
components of any applications or software relating to the Service;
(g) attempt to gain unauthorised access to any user accounts, log-in details or passwords (including one-time
passwords), servers, computer systems or networks connected to the Service, through password mining or any other
means, or use or launch any automated systems (such as "robots" or "spiders") to access the Service or any
networks, servers or computer systems connected to the Service;
(h) where you have registered a user account, directly or indirectly allow others to use your log-in details
and/or password to the Service;
(i) dishonestly, deceptively or maliciously register more than one or multiple user accounts;
(j) copy, take photographs or screenshots of, communicate, transmit, reproduce, frame or distribute in any way,
any component of the Service, or create derivative works with respect thereto, without our prior written
permission;
(k) transmit, input, upload, create, generate or promote any content (including but not limited to Input or
Output) protected by intellectual property laws, trade secrets, rights of confidentiality, privacy or publicity,
or any other Applicable Laws unless you own or control the rights thereto or have received all necessary
consents;
(l) interfere with another user's use and/or enjoyment of the Service; and/or
(m) store any content or data from the Service on a server or any other storage device, or create any database by
systematically downloading and/or storing any content or data from the Service.
We reserve the rights but not the obligation, without any notice to you, to access your user account from time to time and/or to monitor your access to and use of the Service to determine if you are complying with any Applicable Laws, regulations and terms and conditions, including without limitation to these Terms of Service. We reserve the right to terminate your use of the Service for breaching, or in our view any suspected breach of, this Agreement including without limitation for violating any of the use prohibitions, or for any other reasons we deem appropriate.
You acquire absolutely no rights or licences in or to the Service other than the limited, non-exclusive, personal, non-transferable, non-sublicensable and revocable licence to utilise the Service in accordance with these Terms of Service.
You may provide user input or prompts to the Service ("Input") and may receive output generated by the Service based on your Input ("Output"). You are solely responsible for all Input provided, transmitted or uploaded by you to the Service, as well as any Output created or generated therefrom. You shall ensure that all such Input and Output comply with these Terms of Service as well as any Applicable Laws. By submitting Input, you represent and warrant that you have all necessary rights, licenses, and permissions to provide and use such Input in accordance with these Terms of Service, and that your use of the Service, including without limitation the submissions or upload of Input, and/or creation, generation and use of any Output, will not infringe on any third party's rights and/or violate these Terms of Service or any Applicable Laws.
Subject to Applicable Laws and these Terms of Service, and as between you and LabuKey: (a) you retain all rights, title, and interest that you may have or own in your Input; and (b) LabuKey does not claim ownership over the Output, and we hereby assign to you any rights, title and interest that LabuKey may have in the Output. However, you acknowledge that as the Output is generated via artificial intelligence, due to the nature of the Service, Output may not be unique and may be the same or similar as those Output received by other users of the Service.
You agree to grant us a worldwide, non-exclusive, unconditional, royalty-free, transferrable and perpetual right and licence to use, analyse, communicate and/or transmit your Input and/or Output to provide, maintain, develop and improve our Service, to comply with Applicable Laws, and/or to enforce our Terms of Service, without any reference, payment or liability to you. To the fullest extent permissible by law, you agree to waive any moral rights you may have in or to the Input and Output. If you do not want your Input or Output to be used for any of these purposes, you must immediately stop using the Service.
The Service is powered by artificial intelligence and based on machine learning and large language model, which are probabilistic in nature. Therefore, Outputs may sometimes contain factual inaccuracies, omissions, errors or be incomplete, inaccurate, outdated or misinterpreted. You acknowledge that Outputs do not represent LabuKey's views. You should not treat any Output as the definitive or reliable source of truth, factual information, or professional advice. You are solely responsible for evaluating the accuracy, appropriateness, suitability and legality of any Output, including involving human review of the Output before reliance and use. You shall not use any Output as the basis for any acts or omissions, such as any decisions that may have legal or other effects on individuals. You shall be solely responsible for any acts, omissions and/or decisions based on any Output, including without limitation any consequences arising from the truthfulness, accuracy, reliability, suitability and/or confidentiality of the Output.
Subject to Clause 3 above on the ownership of Input and Output, any other materials and/or works used by and/or made available as part of and/or in connection with the Service (including without limitation text, images, layout, user interfaces, graphics, logos, icons, brands, data compilations, source code, object code, software and other proprietary materials contained on and/or in connection with this Service, as well as the arrangement or compilation thereof (collectively, "Content')) are owned by us or are licensed to us for limited use. These Content are protected by copyright, trade marks, patents, designs, trade secret and/or other proprietary rights and laws. You have no rights in such Content, and you may not, and you may not procure, assist or facilitate any third party to, copy, download, reproduce, modify, publish, transmit, upload, display, redistribute, store, communicate, commercially exploit, participate in the transfer or sale of, create derivative works of, or in any way disseminate or exploit any of the Content or otherwise infringe the intellectual property rights of any person in using the Service or Content in whole or in part, in any media, without our prior written consent. You agree that you will not use the Content in any manner except as expressly permitted under these Terms of Service.
You further agree that, subject to Clause 3 above on our use of the Input and/or Output, we are otherwise free to use, disclose, adopt and modify any other ideas, concepts, know-how, proposals, suggestions, comments and other communications and information provided by you to us in connection with or on or through the Service ("Feedback") without any reference, payment or liability to you. You hereby waive and agree to waive all and any rights and claims including without limitation to any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.
We do not actively monitor the Input or Output submitted, inputted, transmitted or sent by users to, on or through the Service or guarantee the accuracy, integrity, legality or quality of the same. However, we will consider complaints concerning Output on or made available via the Service that are alleged to be infringing or otherwise inappropriate or illegal. It is the complainant's responsibility to submit all relevant information to substantiate its complaint, and to provide us with all information that we may request to support the complaint. Upon receipt of all relevant supporting evidence, we will process and investigate such complaints and will in good faith take appropriate actions, which may include without limitation to disable, remove or take down the alleged infringing content and materials if we deem appropriate. We do not guarantee that we will take any action in respect of the same if we find it inappropriate, and we shall not be liable for any such actions or inactions in relation to such complaints. Furthermore, we reserve the right to remove or withhold, without warning, any Content, Input or Output from the Service which we consider appropriate in our sole and absolute discretion.
Any complaints may be addressed to labukey_support@dreamgallop.com. Any complaint or notice of infringement should be in writing and contain at least the following information:-
(a) adequate identification of the work claimed to have been infringed and the owner of such work;
(b) adequate identification of the activity or material that is claimed to be infringing or to be subject of
infringing activity and information reasonably sufficient to permit us to locate the material or activity;
(c) adequate description of how the material or activity infringes the rights of the rights owner;
(d) the address, contact number or email address of the complainant; and
(e) a declaration to the effect that (i) the information in the complaint is true and accurate to the best of the
complainant's knowledge and belief; (ii) the complainant is the copyright owner or is authorised to act on behalf
of the copyright owner; and (iii) the complainant understands that he/she may incur criminal or civil liability
for making false statements.
We reserve the right to amongst others actions, (i) require further information to support the complaint, (ii) disable, remove or take down any material which we believe may violate the copyright or other rights of any third party or in breach of any Applicable Laws, and/or (iii) limit access to or from the Service for any user whom we believe is violating any such rights of others.
Our Service may link to other websites or resources which are not maintained by LabuKey and which are owned and operated by third parties. You acknowledge that LabuKey has no control over the third-party websites, and that we are not responsible for the accuracy, operation of, or content contained in or provided through, any third-party websites, or any links contained in a third-party website, or any changes or updates to such sites, and we do not guarantee that they will be continuously available. We make no representations, warranties or undertakings (whether express or implied) as to the content and materials contained in third-party websites. We are providing these links to you only as a convenience, and the inclusion of a link to such website does not imply endorsement by LabuKey and/or by the Service of the third-party website or any of its contents or any association with its operator. Viewing of any website linked in or through the Service is at your own risk. You agree that LabuKey will not be liable or responsible for any loss or damage incurred as a result of any interaction with such third-party websites.
You may not link to any part of the Service without our prior written consent. You may not display, provide, lend or sub-licence any or all part of the Content or Service, in frames on or within any other website, mobile application and/or software application, without our written consent.
You use the Service and any part thereof, including any Input, Output or Content, at your own risk. You must evaluate, and bear all risks associated with, the use of any Input, Output, Content and/or Service, including reliance on the accuracy, completeness or usefulness of any Output or Service. All Output and other information provided or generated by, on or via the Service is for information and reference purposes only. The Content or material on the Service may include factual or technical inaccuracies, typographical errors or outdated information and such information may be obtained from or provided by third parties which we have no control over and no means to verify. LabuKey may make changes or improvements to the Service, Content and/or Output at any time, but we have no obligation to update, amend or clarify any information on or provided through the Service. Any reliance on the material on or provided through the Service is at your own risk. You should seek your own independent advice with respect to the Service and any Content and Output.
Everything provided through the Service is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed, implied, statutory or otherwise, including but not limited to, any implied warranties arising from course of dealing or course of performance. We exclude and disclaim all representations and warranties of any kind in connection with or in relation to the Service and/or the Output or information contained therein to the fullest extent permissible under any Applicable Laws. We do not make any representations or warranties regarding the use of, or the results of the use of, the Service or Output or any part thereof, whether in terms of correctness, completeness, accuracy, reliability, or otherwise. No advice, recommendation or information, whether oral or written, obtained by you from the Service shall create any warranty not expressly made herein.
Without limiting the generality of the foregoing, we endeavour to provide an updated, convenient and functional Service. However, to the fullest extent permissible by Applicable Laws, we make no representations or warranties (express or implied), including without limitation to any representations or warranties as to:-
(a) the availability of the Service or that your use of the Service will be uninterrupted and error-free, or that
defects on the Service will be corrected;
(b) the accuracy, timeliness, suitability, completeness, reliability, adequacy and/or appropriateness of any
information, content or material contained in the Content or Output or provided or made available by or through
the Service or that they are up-to-date, current or error-free;
(c) the use or exercise of reasonable care and skill in providing or delivering any service on or through the
Service or the timeliness of Service offered or provided;
(d) the merchantability, standard of quality or fitness for any particular purpose of any software or other
products in connection with the Service; or
(e) non-infringement of any third party's intellectual property rights, including without limitation in connection
with any Output or Content.
We do not warrant that the Service or the server that makes it available, will be free of viruses, Trojan horses, worms or any other malware or other harmful elements. You understand and agree that you generate, access, download or otherwise obtain content through the use of the Service (including without limitation Content and Output) at your own discretion and risk, and that you will be solely responsible for any damages to your hardware, computer system and/or loss of data that results from the generation, access, downloading and/or obtaining of the Service and/or such content. You (and not LabuKey) assume the entire cost of all necessary servicing, repair or correction.
This Service is based in Hong Kong SAR. We make no representations that materials on the Service, including any Content or Output, may be accessed, made available, downloaded, viewed, or be appropriate for use outside of Hong Kong SAR. If you access the Service or the Content or Output from outside Hong Kong SAR, you do so at your own risk. Whether inside or outside of Hong Kong SAR, you are solely responsible for ensuring compliance with the laws of your specific jurisdictions.
You understand and agree that the disclaimers set forth herein apply to all causes of action now known or which may arise in the future.
You agree that you will not hold LabuKey, its parents, subsidiaries and/or affiliates, as well as their respective officers, directors, employees, representatives, agents, suppliers, and/or licensors (collectively, "LabuKey Parties") responsible or in any way liable for any damages, loss or expenses (including legal fees) caused by the Service or any Content, Input and/or Output, including, but not limited to, any error, omission, interruption, defect, delay in operation or transmission, failure of performance or computer virus.
To the fullest extent permissible by Applicable Laws, you agree that you will not hold any LabuKey Parties liable for any damages, loss or expenses (including legal fees), including without limitation to direct, special, punitive, indirect, incidental or consequential damages that are caused by, arise or result from, or in connection with your access to, reliance on, use of, or the inability to use, the Service, Content, Input and/or Output, even if there is negligence by the LabuKey Parties or if an authorised representative of the LabuKey Parties has been advised of the possibility of such damages, or both. The LabuKey Parties will not be liable for any damages or injury, including but not limited to, direct, special, punitive, indirect, incidental or consequential damages that may result from linking to any third-party website.
The exclusion of liability herein applies regardless of the basis on which such liability arises, whether for breach of contract, in tort (including negligence), in equity, under statute, under an indemnity, for breach of conditions and warranties implied by custom, the general law or statute, in respect of any claims by a third party against you or otherwise and whether or not we are aware or should have been aware of the possibility of such loss or damage.
You hereby agree to indemnify in full and on demand, defend and hold harmless LabuKey and each of LabuKey Parties from and against any and all claims, actions, demands, liability, damages, losses, expenses and other costs (including, without limitation, all legal fees) incurred or suffered by any of them directly or indirectly in connection with or related to (i) your Input, Output or your use of the Service (including the Content and/or any part thereof) unless to the extent it arises from our negligence; and/or (ii) your breach or alleged breach of this Agreement. LabuKey reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of LabuKey. You shall cooperate as fully as reasonably required in the defence of any claim.
You shall comply with all applicable laws, statutes, ordinances, regulations, terms, policies, notices and conditions (whether or not having the force of law) ("Applicable Laws") regarding your use of the Service. You recognise the global nature of the Internet and you understand that the Applicable Laws may be of a jurisdiction other than your own and you agree that compliance with Applicable Laws is your sole responsibility.
We may terminate your use of and access to any part or all of the Service or any related service(s) at any time with immediate effect without any notice and in our absolute and sole discretion for any reason, including without limitation:
(a) if you breach or we believe you are in breach or at risk of breach of this Agreement;
(b) if we are unable to verify or authenticate any information you provide to us;
(c) if we believe that your actions may give rise to liability of any nature; or
(d) if we deem your action or use unsuitable or inappropriate.
Upon termination, you must destroy all material obtained from the Service and any copies thereof. If you wish to terminate your use of part or all of the Service, your only recourse is to discontinue the use of the Service.
The following Clauses shall survive termination of this Agreement:
4 (INTELLECTUAL PROPERTY), 5 (MONITORING), 6 (LINKS AND ADVERTISEMENTS), 7 (DISCLAIMER), 8 (LIMITATION OF LIABILITY), 9 (INDEMNIFICATION), 11 (TERMINATION), 14 (GENERAL TERMS) and 15 (THIRD PARTY RIGHTS)
We reserve the right to update or change this Agreement or our Privacy Policy, or any terms, conditions, rules, statements and/or policies regarding the use of the Service, any products and/or services provided on or through the Service at any time and at our absolute and sole discretion. We will notify you of any updates or changes by posting an updated version thereof on or via the Service. You are responsible for regularly reviewing the Terms of Service and the applicable terms, conditions, rules, statements and/or policies. Continued use of the Service after any such posting amounts to your conclusive acceptance of such revised Terms of Service and/or other revised terms, conditions, rules, statements and/or or policies. If any such revision is unacceptable to you, you must terminate use of the Service immediately. We reserve the right to interpret these Terms of Service and decide on any questions or disputes arising under these Terms of Service. You agree that all such interpretations and decisions shall be final and conclusive, and binding on you as a user of the Service.
We will give you any necessary notices by posting them on and/or making them available on or via the Service. You agree to check any websites, mobile applications and/or software applications relating to the Service for notices from time to time. You agree that you will be considered to have received a notice when it is made available to you by posting and/or making available via the Service or via other means in connection with the Service.
14.1 This Agreement constitutes the entire agreement between you and us, and supersedes all prior agreements or communications.
14.2 If any provision of this Agreement is found to be illegal, invalid or otherwise unenforceable by any court, that provision shall be severed and deleted and the remaining provision shall survive, remain in full force and effect and continue to be binding and enforceable. The invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement.
14.3 No failure or delay by us in exercising any right, power or remedy under this Agreement shall operate as a waiver. No waiver shall be effective against us unless we make it in writing and signed by us or our authorised representative, and no such waiver shall be construed as a waiver in any other or subsequent instance.
14.4 By accessing the Service, you agree that any claims, differences, controversies and/or disputes relating to this Agreement and/or the Service, including without limitation to the formation, validity, interpretation, performance, breach, or termination thereof, or any dispute regarding non-contractual obligations arising out of, relating to, any of them or this Agreement ("Dispute") shall be governed by the laws of Hong Kong.
14.5 You agree that in the event of any Dispute, such Dispute shall, at the request of either party by serving on the other party thirty (30) days' written notice, be referred to and finally resolved by arbitration in Hong Kong, administered by the Hong Kong International Arbitration Centre (the "HKIAC") under the HKIAC Administered Arbitration Rules in force when the notice of arbitration is submitted. The law of this arbitration and this arbitration clause shall be the laws of Hong Kong. The seat of the arbitration shall be Hong Kong. The arbitration proceedings shall be conducted in English. The number of arbitrators shall be one (1). The parties agree that the decision of the arbitrator shall be final and binding upon the parties.
14.6 Nothing in Clause 14.5 prevents LabuKey from seeking the remedies of injunction (including, but not limited to, interim/interlocutory injunctions), specific performance, or other equitable relief for any threatened or actual breach of the terms of this Agreement or in relation to any intellectual property disputes arising out of or in connection with this Agreement from any court of competent jurisdiction, and any such request shall not be deemed or construed as incompatible with the agreement to arbitrate under Clause 14.5 or a waiver of the right to arbitrate. For the avoidance of doubt, the arbitral tribunal has the authority and power to grant interim measures, including (without limitation) injunctive relief, whether in the form of an award or in another form.
14.7 The English version of these terms and conditions shall prevail over any Chinese version (if any) which is provided for information purposes only.
For the provisions of this Agreement that expressly or purports to confer benefit to the LabuKey Parties, or any or all of them (as the case may be), each of the LabuKey Parties relies on the benefit and protection of each and all of those provisions, and each of them shall have the right to enforce such applicable provisions.
Except for the LabuKey Parties and subject to the Addendum, the Contract (Rights of Third Parties) Ordinance (Cap 623) and/or any other laws on the rights of third parties under contracts in any other applicable jurisdictions (if any) shall not under any circumstances apply to this Agreement, and only you and us shall have any rights under it. Any rights that may be conferred to any third party by this Agreement exclude the right to assign, and their consent is not required to rescind or vary this Agreement.
If you have any enquiries relating to the Service, you may contact us by email at labukey_support@dreamgallop.com.
The following clauses add to the provisions of this Agreement, and is an addendum to this Agreement, for users who download, access and/or use a mobile application version of the Service on smart devices with operating systems provided by Apple, Inc. ("Apple"), for example, iOS. If there is any inconsistency between any provision of this Addendum and this Agreement, the provision of this Addendum shall prevail.
1.1 The Service is provided by LabuKey team. LabuKey's contact information can be found at Clause 16 of this Agreement, to which any questions, complaints or claims with respect to the Service can be directed.
1.2 You acknowledge and agree that this Agreement is entered into only between you and LabuKey, and not with Apple. LabuKey, not Apple, is solely responsible for the Service downloaded from Apple and the content thereof.
1.3 In addition and without prejudice to other restrictions set forth in this Agreement, the license granted to you for the Service downloaded from Apple is a non-transferable license to use such Service on any Apple-branded products that you own or control and as permitted by the Usage Rules as defined and set forth in the Apple Media Service Terms and Conditions ("Media T&Cs"), except that the Service downloaded from Apple may be accessed, acquired and used by other accounts associated with your account via Family Sharing (as defined and set forth in the Media T&Cs), volume purchasing or Legacy Contacts (as referred to in the Media T&Cs).
1.4 You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, related to the Service. If the Service downloaded from Apple does not conform to any applicable warranty under the Terms of Service, you may notify Apple, and Apple will refund the purchase price you paid for the Service, if any. In addition, to the maximum extent permitted by Applicable Laws, Apple disclaims any other warranty obligations with respect to the Service. You acknowledge and agree that, to the extent there are any applicable warranties under the Terms of Service, LabuKey is solely responsible for any other claims, losses, liabilities, damages, costs or expenses arising from any failure to comply with such applicable warranties.
1.5 Apple is not responsible for addressing any claims by you or a third party relating to the Service downloaded from Apple, or your possession and/or use of the same, including but not limited to: (1) product liability claims; (2) any claim that the Service does not conform to any applicable legal or regulatory requirements; and (3) claims based on consumer protection laws or similar legislation.
1.6 In the event of any third-party claim that the Service, and/or the possession or use of the same, infringes the intellectual property rights of that third party, Apple will not be responsible for the investigation, defense, settlement and/or discharge of any such intellectual property infringement claim.
1.7 LabuKey shall be solely responsible for providing any maintenance and support services with respect to the Service as stipulated in this Agreement or as required under Applicable Laws. You acknowledge and agree that Apple has no obligation whatsoever to provide any maintenance and support services for the Service.
1.8 You declare and guarantee that you are not located in a region that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" region, and you are not on any U.S. government list of prohibited or restricted parties.
1.9 You must comply with any applicable third-party terms of agreement when using the Service.
1.10 You acknowledge that Apple and Apple's subsidiaries are third party beneficiaries to this Agreement, and that, by acknowledging the provisions of this Agreement, you acknowledge that Apple has the right (and is deemed to have acknowledged the right) to enforce this Agreement against you as third party beneficiary. However, any rights that may be conferred to Apple and Apple's subsidiaries under this Agreement exclude the right to assign, and their consent is not required to rescind or vary this Agreement.