**Google Sheets Apps Script Code - Terms of Use Agreement**

This Terms of Use Agreement (the "Agreement") is entered into by and between the provider of the Google Sheets Apps Script code (the "Provider"), and you (the "User"). By using, copying or modifying the Google Sheets Apps Script code (the "Code"), you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not use the Google Sheet or code.

Clarification of Definitions

Definitions:

"Provider" refers to the entity or individual offering the Google Sheets Apps Script code.

"User" denotes any person or entity that accesses or uses the Code provided by the Provider.

"Code" represents the Google Sheets Apps Script code, including its source code, documentation, and related materials provided by the Provider.

"Third-Party Services" encompasses all external services, APIs, software, or resources that the Code interacts with or utilizes, which are not owned or controlled by the Provider.

1. **Grant of License**: Provider hereby grants to User a non-exclusive, non-transferable, revocable license to use the Code for personal use only. User may modify the Code for personal use; however, under this license, User may not:

a. distribute the Code or any modification thereof to third parties;

b. sublicense, sell, rent, lease, or otherwise commercially exploit the Code;

c. use the Code for any purposes that are not expressly permitted by this License;

d. remove any copyright or other proprietary notations from the Code.

2. **Intellectual Property Rights**: The Code and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Provider. User acknowledges and agrees that it does not acquire any ownership rights in the Code under this Agreement.

3. **Termination**: This License shall continue until it is terminated. Provider may terminate this License at any time, for any reason or no reason. This License automatically terminates if User fails to comply with its terms and conditions.

4. **No Warranty**: The Code is provided "as is" without warranty of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement.

5. **Limitation of Liability**: In no event shall Provider be liable for any direct, indirect, incidental, special, punitive, or consequential damages, or damages for loss of profits, revenue, data or use, incurred by User or any third party, whether in an action in contract or tort, arising from User's access to, or use of, the Code or any other material provided or made available through the Code.

6. **Indemnification**: User agrees to defend, indemnify and hold harmless Provider, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with User's access to or use of the Code.

7. **Governing Law**: This Agreement shall be governed by and construed under the laws of the jurisdiction of the Provider, without regard to its conflict of law principles. User agrees to submit to the personal jurisdiction of the courts located within the jurisdiction of the Provider for any actions for enforcement of this Agreement or relating to the Code.

8. **Entire Agreement**: This Agreement constitutes the entire agreement between User and Provider and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Code or any other subject matter covered by this Agreement.

By using the Code, User affirms that they have read and understood this Agreement, and agrees to be bound by its terms and conditions. If User does not agree to the terms of this Agreement, User is not granted any rights in the Code, and should not use the Code.

9. **Modification**: Provider reserves the right to modify the terms and conditions of this Agreement at any time, effective upon posting of an updated version of this Agreement on the website or platform where the Code is made available. User is responsible for regularly reviewing this Agreement. Continued use of the Code after any such changes shall constitute User's consent to such changes.

10. **Severability**: If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

11. **Waiver**: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Provider's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

12. **Assignment**: User may not assign this Agreement or any rights or obligations hereunder, directly or indirectly, by operation of law or otherwise, without the prior written consent of Provider. Provider may assign this Agreement and its rights and obligations hereunder without consent.

13. **Force Majeure**: Provider shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control.

14. **Third-Party APIs and Services**: The Code utilizes various third-party APIs and services, including but not limited to OpenAI, Stable Diffusion Images, Google Scraping Service, etc. ("Third-Party Services"). User acknowledges and agrees that Provider is not responsible for the availability of these Third-Party Services and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from these Third-Party Services. User assumes all risk and all cost associated with the use of these Third-Party Services.

15. **Disclaimer of Warranty for Data and Content Generated by the Code**: The Code, through its use of Third-Party Services, generates content and data which is not guaranteed to be accurate, reliable or fit for specific purposes. Provider expressly disclaims all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the content and data generated by the Code. User assumes all risk and liability for any damages, losses or other consequences User or User's business may incur as a result of using content or data generated by the Code.

16. **User's Responsibilities**: User acknowledges that the Code is merely a tool for automating certain tasks, and that User is solely responsible for the outcomes resulting from the use of the Code and the content or data it generates. User is responsible for implementing sufficient procedures and checkpoints to satisfy User's particular requirements for accuracy of data input and output, and for maintaining a means external to the Code for the reconstruction of any lost data.

17. **User Responsibility for Compliance and Fact-Checking**: User acknowledges and agrees that it is solely their responsibility to ensure that any content or data generated by the Code complies with Google's AI policies and any other relevant rules, regulations, and guidelines. User is also responsible for fact-checking, editing, and curating the generated content and data to ensure its accuracy and appropriateness. Provider is not responsible for any failure by User to comply with these obligations.

18. **Assumption of Risk**: User assumes all risk associated with the use of the generated content or data, including but not limited to, any reliance on its accuracy, completeness, or usefulness. Provider specifically disclaims any liability with regard to User's use of the Code and the results obtained from its use.

19. Restricted Use: The User acknowledges and agrees that the Google Sheets Apps Script code (the "Code") provided by the Provider is exclusively designed for use within the Google Sheets environment. The User is expressly prohibited from using, replicating, modifying, or incorporating the Code or any of its underlying patterns, processes, and methodologies in any other applications, software, or systems outside of Google Sheets. This restriction applies to both personal and commercial uses. The User agrees not to copy, adapt, or reverse engineer the Code for integration or application in environments other than Google Sheets. Any attempt to use the Code beyond the scope of Google Sheets, or for the development of other applications, will be considered a breach of this Agreement.

20. Email Tracking and Fair Use

a. Purpose of Tracking: The Provider implements email tracking for users accessing the Google Sheets Apps Script code (the "Code") to monitor and enforce fair use of our services. This tracking helps in identifying and preventing abuse, unauthorized distribution, and ensuring the Code is used within the scope of the permitted use.

b. Scope of Fair Use: The Code is intended for unlimited use within your immediate business operations. For example, while a dealership may use the Code for its operational needs, this does not grant permission for corporate-level use or to distribute the Code across multiple dealerships. The Provider strictly prohibits the open sharing and distribution of the Code outside of your company or designated business entity.

c. User Consent: By accessing and using the Code, the User consents to the tracking of their email as part of our efforts to monitor compliance with our fair use policy. The Provider commits to maintaining the privacy and security of User data, using the information collected through email tracking solely for the administration of services, prevention of abuse, and enforcement of this Agreement.

d. Transparency and User Rights: The Provider pledges to handle User information responsibly, in accordance with our Privacy Policy. Users may contact the Provider for any inquiries or concerns regarding our tracking practices or data handling.

e. Policy Updates: The Provider reserves the right to modify this email tracking and fair use policy at any time. Users will be notified of significant changes and are encouraged to review the updated policy to stay informed.

21. Survival: Certain provisions of this Agreement, due to their nature, shall remain in effect even after the termination or expiration of this Agreement. These include, but are not limited to, the provisions concerning Restricted Use, Intellectual Property Rights, Indemnification, Limitation of Liability, and Governing Law. The termination or expiration of this Agreement shall not affect any rights or obligations that expressly or by implication are intended to continue beyond such termination or expiration.

Acknowledgment of Open Source Components

By using the Code, User signifies their acceptance of this Agreement. If User does not agree to the terms of this Agreement, they are not granted any rights in the Code, and should not use the Code.