Last updated 06/04/2024
Hello and welcome! These Terms of Service are an agreement formed between you and AiNi Inc. They cover the website available at www.aini.eco (the “Website”), and the AiNi mobile application in the future (the “App”). In these Terms we’ll sometimes refer to AiNi Inc. as “AiNi,” “Company,” “we,” or “us.” We’ll refer to our Website and App, together with any content, tools, features and functionality offered on or through them, as the “Services.”
These Terms govern your access to and use of the Services. Please read them carefully, as they include important information about your legal rights. By accessing or using the Services, you’re agreeing to these Terms. If you don’t understand or agree to these Terms, please don’t use the Services.
In these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. By agreeing to these Terms, you agree to resolve all disputes with us through binding individual arbitration. That means you also waive any right to have those disputes decided by a judge or jury, and you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt out of arbitration as explained below.
Your Registration Obligations. When you register to use the Services, you agree to provide accurate and complete information about yourself. If you are under 13 years old, do not sign up for the Services – you are not authorized to use them.
Member Account, Password and Security. You are responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your password or account. You agree to immediately notify AiNi of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session when accessing the Services. AiNi will not be liable for any loss or damage arising from your failure to comply with this paragraph.
General Practices Regarding Use and Storage. You acknowledge that AiNi may establish general practices and limits concerning use of the Services. These may include, without limitation, the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on AiNi’s servers on your behalf. You agree that AiNi has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded to the Services. You acknowledge that AiNi reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Email Notifications. You consent to receive notifications from us electronically to the e-mail address you provide to us. These notifications may be about your account, changes to our service, or other updates or marketing relating to our platform.
User Conduct. You agree to comply with the following conditions in using the Services.
You are solely responsible for all Content you submit to the Services. (When we say “Content you submit” and similar terms, we mean anything you seek to post, transmit, or share, including but not limited to text, images, sounds, video, graphics, information, or other data.) You agree not to submit any Content that:
You likewise agree not to do any of the following in connection with your use of the Services:
We reserve the right to investigate and take appropriate action against anyone who we conclude, in our sole discretion, has violated the provisions above. That action may include, without limitation, removing Content from the Services, suspending or terminating your account, and reporting you to law enforcement.
Content You Submit. When you submit Content to the Services, you represent and warrant that you own all right, title and interest in and to that Content (including, without limitation, all copyrights and rights of publicity), or that you have received all necessary permissions, clearances, and authorizations in order to submit it to the Services for the uses contemplated in these Terms.
When you submit such Content, you retain whatever ownership rights in that Content you had to begin with. You grant AiNi, to the fullest extent permitted under the law, a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, modify, exploit, commercialize and otherwise use the Content for any AiNi-related purpose in any form, medium or technology now known or later developed, including without limitation to operate, improve and provide the Services.
While we’re not required to do so, we may access, review, screen, edit, modify and delete your Content at any time and for any reason, including to provide and develop the Services or if we think the Content violates these Terms or any applicable laws.
Services Content, Software and Trademarks. You acknowledge and agree that the Services may contain content or features protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar automated data gathering or extraction methods. If you are blocked by us from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or content on the Services other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by us.
Third Party Material. Under no circumstances will AiNi be liable for any content or materials of any third parties, including messages created by third parties and any resulting Generations. This includes, but is not limited to, infringement of intellectual property rights, errors or omissions in any content, and any loss or damage of any kind incurred as a result of the use of any such content.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse or remove any content (including Content, Character or Generations) that is available via the Services. Without limiting the foregoing, we have the right to remove any content that violates these Terms or is deemed otherwise objectionable by us, in our sole discretion.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services provided by you to AiNi are non-confidential, and that we are entitled to use and disseminate them for any purpose, without acknowledgment of or compensation to you.
You acknowledge and agree that we may preserve content and metadata in compliance with applicable law and our Privacy Policy. You acknowledge and agree that we may disclose content and/or metadata if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of AiNi, its users and the public.
The Services or third parties may provide links or other access to other sites and resources on the Internet or to third-party applications. AiNi has no control over such sites, resources or applications and AiNi is not responsible for and does not endorse them. You acknowledge and agree that AiNi will not be responsible or liable, directly or indirectly, for any damage or loss caused by reliance on any content, events, goods or services available on or through any such sites, resources or applications. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that AiNi is not liable for any loss or claim that you may have against any such third party.
You agree to release, indemnify and hold AiNi and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, and expenses of any kind arising out of or relating to your use of the Services. Without limiting the foregoing, the release and indemnification described above includes reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services.
If you are a California resident, you waive California Civil Code Section 1542, which says:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Your use of the Services is at your sole risk. The site is provided on an “AS IS” and “AS AVAILABLE” basis. AiNi expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. AiNi makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Services will be accurate or reliable.
You understand and agree that AiNi will not be liable for any indirect, incidental, special, consequential, or 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 AiNi 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 the Services; (ii) your access, use, creation of, or interaction with any Content, Character or Generations; (iii) your sharing with any third party of any Content, Character or Generations; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party (including users) on the Services; or (vi) any other matter relating to the Services. In no event will AiNi’s total liability to you for all damages, losses or causes of action exceed the greater of: (i) $100; or (ii) the amount you paid AiNi (if any) in connection with your use of the Services.
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 limitations set forth above may not apply to you. If you are dissatisfied with any portion of the site or with these terms of use, your sole and exclusive remedy is to discontinue use of the Services.
Please read this section attentively as it significantly impacts your legal rights and outlines the process for any claims between you and Aini. This section, with limited exceptions, mandates that both you and Aini submit any claims against each other to binding and final arbitration on an individual basis.
You agree that if a dispute or claim arises from or is related to your use of the Services, you will first contact us by submitting your dispute or claim at https://aini.eco/support. You and Aini will endeavor in good faith to resolve the issue directly through written negotiation. If the issue remains unresolved for 30 days after notification (via certified mail or personal delivery), it will be considered a “Dispute” as defined below. Except for the right to seek injunctive or equitable relief as described under “Binding Arbitration” below, if you initiate any arbitration claims or legal actions without first attempting mediation, you will not be entitled to recover attorney's fees, even if you might have otherwise been entitled to them.
Binding Arbitration: You and Aini agree to resolve any Disputes through binding arbitration, except that either party retains the right to seek injunctive or equitable relief in a court of competent jurisdiction for infringement, misappropriation, or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means both you and Aini waive the right to a jury trial. Notwithstanding, you may opt to bring a claim against Aini in small claims court, provided the claim meets the small claims court's criteria and is pursued on an individual, non-class, and non-representative basis.
Class Action Waiver: Both you and Aini agree that any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means both parties waive the right to participate in a class action lawsuit or class-wide arbitration. Unless agreed otherwise in writing, the arbitrator in any Dispute cannot consolidate more than one person’s claims and cannot oversee any form of class action proceeding.
Arbitration Administration and Rules: The arbitration will be administered by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”), except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org or by calling AAA at 1-800-778-7879).
Arbitration Process: To initiate arbitration, a party must provide the other with a written Demand for Arbitration as outlined in the AAA Rules. The arbitrator, either a retired judge or attorney licensed in California, will be selected from the AAA’s roster with relevant experience. If the parties can’t agree on an arbitrator within seven days of the Demand for Arbitration, AAA will appoint one according to AAA Rules.
Arbitration Location and Procedure: Unless otherwise agreed, arbitration will take place in San Francisco, California. For claims under USD$10,000, the arbitration will be based solely on documents submitted, unless a hearing is requested and deemed necessary by the arbitrator. For claims over USD$10,000, the right to a hearing will be determined by AAA Rules. The arbitrator has discretion over reasonable information exchange and hearings may occur via telephone or video conference if agreed by the parties.
Arbitrator’s Decision and Governing Law: The arbitrator will apply California law and respect privilege laws and statutes of limitations. The decision will be rendered within the AAA Rules’ specified timeframe, and judgment may be entered in any court with jurisdiction. Any damage award must align with the “Disclaimer of Warranties” section above and can include declaratory or injunctive relief only as necessary for the individual claim.
Fees: Each party’s responsibility for arbitration filing, administrative, and arbitrator fees will be as per the circumstances of the arbitration and outlined in the AAA Rules.
You agree that AiNi, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if AiNi believes that you have violated or acted inconsistently with the letter or spirit of these Terms.
AiNi may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that AiNi may (but has no obligation to) immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Termination of your account or access to any component of the Services will not terminate AiNi’s rights to your Content. Further, you agree that AiNi will not be liable to you or any third party for any termination of your access to the Services.
Entire Agreement. These Terms constitute the entire agreement between you and AiNi and govern your use of our Services, superseding any prior agreements between you and AiNi with respect to the Services.
Choice of Law, Jurisdiction, Venue. These Terms are governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and AiNi agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Santa Clara County, California.
Severance. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
No Waiver. Any failure of AiNi to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
Expiration of Claims. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one year after such claim or cause of action arose or be forever barred.
Assignment. You may not assign these Terms without the prior written consent of AiNi, but AiNi may assign or transfer these Terms, in whole or in part, without restriction.
Notice. Notices to you may be made via either email or regular mail. The Site may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Services.
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective no earlier than 14 days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms.
If you have any questions about our Services, or to report any violations of these Terms, please contact us at support@aini.eco.