This agreement is between Aivia and users of Aivia’s products, services, applications and websites (“You”).
1. YOUR ACCEPTANCE
The terms of this agreement (“Terms of Service”) govern the relationship between you and Aivia (hereinafter “Aivia” or “Us” or “We”) regarding your use of Aivia’s applications (including mobile applications), websites and related services (the “Service”).
Use of the Service is also governed by Aivia’s Privacy Policy and other relevant policies, which are incorporated herein in this website by reference.
Before accessing or using the Service, including browsing any Aivia website or accessing any Aivia application, you must agree to these Terms of Service and the Privacy Policy.
You may also be required to register an account on the Service (an “Account”). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Aivia reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant Aivia policies at any time by posting the amended terms on the Aivia Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Aivia Privacy Policy, or any other Aivia policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
2. GENERAL USE OF THE SERVICE
Aivia grants You permission to access and use Aivia’s Apps and Websites (“Service”) as set forth in the Terms of Service, provided that: You agree not to alter or modify any part of the Service. You agree not to use the Service for any of the following commercial uses unless you obtain Aivia’s prior written approval: the sale of access to the Service; or the sale of advertising, sponsorships, or promotions placed on or within the Service, including any content shared on the Service. In your use of the Service, You will comply with all applicable laws. Aivia reserves the right to discontinue any aspect of the Service at any time.
2.1 Certain Restrictions
The rights granted to you in this Agreement are subject to the following restrictions:
(a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any Service;
(b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Service, except to the extent the foregoing restrictions are expressly prohibited by applicable law;
(c) you shall not access any Service in order to build a similar or competitive service or application;
(d) except as expressly stated herein, no part of any Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or
(e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any Service.
Any future release, update, or other addition to functionality of any Service shall be subject to the terms of this Agreement, unless otherwise provided in terms associated with such addition.
2.2 ANTI-ABUSE
2.2.1 Use Limitations
The Services provided as part of the SaaS (the “Services”) are to be used only as intended by the terms and agreements provided by us. Users are prohibited from manipulating or exploiting the API and/or Services in any manner that exceeds or violates these terms.
2.2.2 Prohibited Actions
Actions that are prohibited and considered as abusive include, but are not limited to:
a. Automating access to the Services, except where explicitly permitted by us.
b. Replicating or attempting to replicate our Services or any part of the Service without explicit written permission.
c. Excessive or unreasonable usage that imposes an undue burden on the Service or its network infrastructure.
d. Attempting to disrupt or tamper with the normal operation of the Services.
e. Using our Services to build a similar or competitive product or service.
f. Using the Services to generate or distribute unsolicited communications, advertisements, or spam.
g. Sharing, reselling, sublicensing, renting, leasing or otherwise making the Services available for use by third parties, except as explicitly allowed by us.
2.2.3 Reselling Prohibition
You may not resell, sublicense, rent, lease, transfer, distribute, or otherwise allow third parties to access or use our Services without our express written permission. This includes not making the Services available on a standalone basis or as part of a bundled package.
2.2.4 Violation Consequences
We reserve the right to take action, which may include terminating your account, if we determine, at our sole discretion, that you are using the Services in a manner that violates these Terms, is abusive or disruptive, or exposes us, our partners, or other users to risk, liability, or harm. We may also seek legal remedies, including damages and injunctive relief, for violations of these Terms.
2.2.5 Changes to Services
We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice at any time. We may establish general practices and limits concerning use of the Services, including without limitation, the maximum period that data or other content will be retained by the Services and the maximum storage space that will be allotted on our servers on your behalf.
By using the Services, you agree to comply with these Anti-Abuse and Anti-Reselling Clauses. Any violation may result in immediate termination of your access to the Services and may also result in legal consequences. We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates these clauses, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
3. CONTENT
You understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Aivia with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Aivia, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
(a) Your Content. You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input. Subject to your compliance with these Terms, Aivia hereby assigns to you all its right, title and interest in and to Output. This means you can use Content for any purpose, including commercial purposes such as sale or publication, if you comply with these Terms. Aivia may use Content to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms.
(b) Similarity of Content. Due to the nature of machine learning, Output may not be unique across users and the Services may generate the same or similar output for Aivia or a third party. For example, you may provide input to a model such as “What color is the sky?” and receive output such as “The sky is blue.” Other users may also ask similar questions and receive the same response. Responses that are requested by and generated for other users are not considered your Content.
(c) Use of Content to Improve Services. We do not use Content that you provide to or receive to develop or improve our Services.
(d) Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe and beneficial. Given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output.
4. ACCOUNT TERMINATION POLICY
Aivia will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to have infringed the Terms of Service.
Aivia reserves the right to decide whether Content violates the Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length.
Aivia may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of the Terms of Service.
5. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AIVIA ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. AIVIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF AIVIA’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICE. AIVIA DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AIVIA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
6. LIMITATION OF LIABILITY & INDEMNIFICATION
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIVIA SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AIVIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, AIVIA SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO AIVIA IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO AIVIA DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND AIVIA’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH AIVIA IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
You agree to indemnify, defend and hold Aivia (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
YOU SPECIFICALLY ACKNOWLEDGE THAT AIVIA SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
7. ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either 13 years of age or older, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Service.
8. AMMENDMENTS
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
9. ASSIGNMENT
The Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Aivia without restriction.