AILO Termsof Service Agreement
Last Updated: February 2,2026
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USINGTHE SERVICES OR OTHERWISE AGREEING TO THIS AGREEMENT, YOU UNDERSTAND AND AGREETO BE BOUND BY THIS AGREEMENT AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAINRIGHTS.
Table of Contents
ACCEPTANCE OF TERMS.......................................... 4
COMPLETE AGREEMENT......................................... 4
Definitions................................................................. 4
User Age Requirements............................................. 5
Zero Tolerance for Child Exploitation.......................... 5
User Accounts........................................................... 6
Service Availability.................................................... 6
Access Level & Core Offering...................................... 7
Free Users........................................................................ 7
AILO Unlimited................................................................. 7
AILO Duo.......................................................................... 7
Premium Services, Billing & Payments........................ 8
Payment Processing......................................................... 8
Taxes................................................................................ 9
Promotional Codes & Discounts....................................... 9
AILO Unlimited Entitlement & Access Reinstatement. 9
Account Deletion, App Deletion & No-Pause Policy.... 9
Transition Terms for Existing Users........................... 10
Modification of Premium Features........................... 10
Assessment & Insights............................................. 10
Nature of Assessment:................................................... 10
Assessment Inputs & User Responsibility........................ 11
Profile Preview & Needs Insight...................................... 11
Assessment Updates & Changes Over Time.................... 11
Compatibility Score & Analysis....................................... 12
No Professional Advice................................................... 12
Interactive Features & Match Communications........ 12
User Messaging & Communications......................... 13
No Guarantee of Matches or Outcomes.................... 13
Safety Notice........................................................... 14
Blocking & Reporting Users...................................... 14
Modification of Services & Offerings......................... 14
Termination............................................................. 14
Disclaimer of Warranty............................................ 15
Limitation of Liability............................................... 15
Indemnity................................................................ 16
Consent to Communication...................................... 16
Severability.............................................................. 17
Assignment.............................................................. 17
Non-Refundability.................................................... 17
INTELLECTUAL PROPERTY RIGHTS............................. 17
AUTHORIZED USE OF THE SERVICES.......................... 18
REFER A FRIEND PROGRAM...................................... 19
MOBILE APPLICATIONS............................................ 19
USER CONTENT........................................................ 20
ACCOUNTS............................................................... 22
THIRD-PARTY CONTENT AND LINKS.......................... 23
COPYRIGHT INFRINGEMENT NOTICES....................... 23
UPDATES TO THIS AGREEMENT................................ 25
Agreement to Arbitrate............................................ 26
Mutuality................................................................. 26
No Class Actions....................................................... 26
Seeking Arbitration.................................................. 27
Hearing.................................................................... 27
Award...................................................................... 27
Injunctive Relief....................................................... 27
Confidentiality......................................................... 28
Coordinated Proceedings......................................... 28
Language Version Controls....................................... 28
Governing Law and Rules......................................... 28
Severance of Arbitration Agreement........................ 29
New Jersey Residents.................................................. 29
California Residents..................................................... 29
CONTACT US............................................................ 29
ACCEPTANCE OF TERMS
This Terms of Service Agreement (“Agreement”) is a legally binding agreement between you and AILOInternational, Inc. (“Company,” “we,” “us,” or “our”) andgoverns your access to and use of our websites, mobile and other onlineservices or applications that link to this Agreement, including our Mobile App (eacha “Site,” and collectively the “Sites”)and the features, content, programs, and services we make availablethrough the Sites (collectively with the Sites, the “Services”). By continuing to access and use the Services, you agreethat such use is legally sufficient consideration under this Agreement.
THIS AGREEMENTCONTAINS A BINDING ARBITRATION AGREEMENTWHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY AJUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OURLIABILITY TO YOU.
YOUR CONTINUED USE OF THE SERVICES IS SUBJECT TO YOURCONTINUED COMPLIANCE WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BYTHIS AGREEMENT, YOU MAY NOT USE THE SERVICES.
CONTINUED ACCESS AND USE OF THE SERVICES AFTER CHANGES HAVEBEEN MADE TO THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE REVISEDAGREEMENT THEN IN EFFECT. YOU AGREE THAT YOU WILL REVIEW THIS AGREEMENTPERIODICALLY AND THAT YOU SHALL BE BOUND BY THIS AGREEMENT AND ANYMODIFICATIONS TO IT.
COMPLETE AGREEMENT
Definitions
"FreeUser": A registered user who has not been granted access to AILOUnlimited.
"AILOUnlimited": A premium access level providing matchmaking and expandedfeatures, subject to approval.
"AILODuo": A standalone compatibility feature allowing two individuals toreceive joint assessment results.
"ActiveMatching Region": A geographic area where AILO matching services arelive.
"Account":A registered AILO user profile.
User Age Requirements
Age Restriction —21+ Only
AILO (Package Name: com.katana.ailo)is exclusively intended for users who are 21years of age or older.
While the Apple App Store and Google Playmay classify AILO under an 18+ contentrating for platform compliance purposes, AILO’s internal policy enforces a higher standard of eligibility. • Youmust be at least 21 years old to create an account or use AILO in any capacity.
• During registration, users are required toprovide their date of birth, and oursystem does not permit entry of a birth year that would result in an age below21.
• Any attempt to falsify age information, bypassage verification, or otherwise misrepresent eligibility will result in immediate account suspension and dataremoval.
AILO is designed for emotionallyand legally mature adults seeking meaningful connection, and therefore does not make exceptions for users under 21under any circumstances, including with parental consent.
We may take reasonable steps to verify your age, which mayinclude date-of-birth collection, device-level checks, and other measurespermitted by applicable law. By using the Services, you agree that we mayimplement age-verification procedures and that failure to pass any verificationstep may result in limited access or account suspension until verification iscomplete.
If you have any concerns, questions, or feedback regardingour age requirements, please contact us at safety@ailoapp.com.
Zero Tolerance for ChildExploitation
AILOstrictly prohibits the creation, possession, distribution, or promotion of anycontent involving minors in sexual, harmful, or exploitative contexts (including CSAM/CSAE — Child Sexual AbuseMaterial / Exploitation).
Any account found to be engaging in such activity will be immediately reported to the National Centerfor Missing & Exploited Children (NCMEC) and law enforcement authorities, and permanently banned from theplatform.
We comply with all reportingobligations under 18 U.S.C. §2258A and will promptly submit reports ofsuspected child sexual exploitation to NCMEC and law enforcement as required
Reporting &Enforcement
Usersmay report any content or behavior involving potential child endangerment,exploitation, or age misrepresentation by using the in-app “Report” function or by contacting safety@ailoapp.com
Reports are reviewed within24 hours, and accounts involved in suspected CSAE/CSAM will be immediately suspended pending investigation.Confirmed violations will result in permanentaccount removal and referral to law enforcement.
Learn more on www.ailoapp.com/safety
User Accounts
Toaccess certain features of the Services, a Usermust create an account (“Account”). Users are required to provide accurate,current, and complete information during registration and to keep suchinformation updated.
EachUser may maintain only one Accountat any given time. Accounts are personal and nontransferable and may not beshared, sold, assigned, or used by any other individual. Users are responsiblefor maintaining the confidentiality of their login credentials and for allactivity that occurs under their Account. Users agree to promptly notify AILOof any unauthorized use of an Account or any other breach of security.
AILOreserves the right, at its sole discretion, to suspend, restrict, or terminateany Account that violates these Terms of Service, the Code of Conduct,applicable law, or otherwise compromises the integrity, security, or operationof the Services.
Usersare solely responsible for their conduct, interactions, and content while usingthe Services. AILO does not control or endorse User behavior and is notresponsible for interactions between Users, whether online or offline.
Users may delete an Account directly within the Services in accordance withthe account deletion procedures described elsewhere in these Terms.
Service Availability
AILO’smatching services are currently available only within designated geographicregions, including South Florida. Users located outside an active matchingregion will not receive matches until matching services become available intheir area. Any regional limitations will be clearly disclosed at the time ofsign-up and prior to any purchase that requires an active matching region.
Access Level & Core Offering
Free Users
Free Users may:
• Create an Account
• Complete the AILO assessment
• View a limited Profile Preview
• View a limited Needs Insight
• View one sample match
• Use AILO Duo as a standalone feature
Free Users are not included in the matchmaking pool.
AILO Unlimited
AILO Unlimited provides approved users with access to:
• Full matchmaking features
• Feed and Match Lounge
• Chat functionality
• Full Needs Insight & Compatibility Analysis
• Monthly AILO Duo session and assessment retake
AILO Duo
AILO Duo is an optional, standalonecompatibility feature that allows two Users to participate in a jointassessment experience and receive a paired compatibility analysis.
Use ofAILO Duo requires both participants to maintain active AILO accounts and completethe required profile information and assessments. Participation in AILO Duo isindependent of AILO’s matching services, and Users may access AILO Duoregardless of whether they participate in matching.
AILODuo sessions are initiated through the use of a unique access code. Each codeis singleuse, time-limited, and subject to expiration if required steps are notcompleted within the applicable timeframe. Payment may be required to revealcompatibility results, except where access is expressly included as part ofanother entitlement or promotional offering.
Compatibilityresults and related insights generated through AILO Duo are system-generated,interpretive in nature, and based solely on information provided by theparticipating Users. Results may change if one or both Users complete updatedassessments.
AILOdoes not guarantee participation by any invited individual, the accuracy orpersonal relevance of results, or any personal, relational, or emotionaloutcomes arising from use of AILO Duo. Users are solely responsible forselecting whom they invite to participate and for safeguarding any accesscodes.
AILO Duo reports are stored withinthe Services and may be removed by a User at their discretion. Removed reportscannot be restored.
AILO reserves the right to limit,suspend, modify, or discontinue AILO Duo at any time, including in cases ofsuspected misuse, fraud, or violation of these Terms.
Payment Responsibility. For AILO Duosessions, the User who initiates the Duo session is responsible for completingany required payment to unlock and reveal the compatibility results for bothparticipants, unless otherwise expressly stated by AILO.
Profile Completion& Matching Participation
Certain features of the Services,including AILO Duo, require Users to complete the AILO assessment and requiredprofile information.
Usersmay access AILO Duo as a standalone compatibility feature without participatingin AILO’s matching services. Users who do not select required matchingpreferences, including match gender and location, will not be included in thematching pool but may continue to use AILO Duo where available.
Participationin AILO’s matching services requires completion of applicable profilerequirements and matching preferences, as well as satisfaction of anyeligibility and access requirements in effect at the time.
Premium Services, Billing& Payments
Premium services require payment through approved app storeproviders. All pricing and billing terms are disclosed at the point ofpurchase.
AILO Unlimitedis offered through an application and approval process. Access is granted onlyafter approval by AILO and completion of any applicable payment and profilerequirements.
AILO Unlimited providesapproved Users with enhanced access to AILO’s matching services and additionaltools and functionality not available to Free Users, as described within theServices at the time of purchase.
Payment Processing
Payments for paid features may be processed throughthird-party payment providers, including Apple’s App Store, Google Play, orother authorized processors. Users are subject to the applicable paymentprovider’s terms and privacy practices. AILO does not store or process payment cardinformation directly, except as permitted by the applicable payment provider.
Taxes
Where required by law, applicable taxes may be added topurchases at checkout and collected by the applicable payment provider. Taxamounts, if any, will be disclosed prior to completion of the transaction.
Promotional Codes &Discounts
AILOmay offer promotional codes, discounts, or other offers from time to time.Promotional offers must be applied at the time of purchase and cannot beapplied retroactively to completed transactions. Unless otherwise stated,promotional offers may not be combined and have no cash value. AILO reservesthe right to modify or discontinue any promotional offer at any time. Usershave no entitlement to expired, discontinued, or revoked promotions, even ifsuch offers remain visible within the Services.
AILO Unlimited Entitlement& Access Reinstatement
AILOUnlimited is a one-time, non-consumable purchase associated with thepurchaser’s Apple ID or Google Play account and does not expire. Deleting anAILO Account does not forfeit theentitlement.
• Recreating an Account with the same Apple ID orGoogle Play account reinstates access.
• AILO may permanently deny access for violationsof these Terms or the Code of Conduct. No refunds or transfers apply in suchcases.
Account Deletion, AppDeletion & No-Pause Policy
Deleting the AILOmobile application does not delete a User’s Account and does not cancel any activeaccess or entitlements.
Deletingan Account is a separate action from deleting the application. Account deletionincludes a seven (7) day grace period before permanent removal, during whichthe Account may be reactivated by logging back in.
Users who delete the app will not receive notifications during the period it is uninstalled, includingnew match alerts or assessment reminders, but may still appear in other users’match pools during that time.
Anymatches, chat histories, Saved or Sample Lounge content, AILO Duo history, ProfilePreview, Needs Insight, and Compatibility information associated with theaccount will not be available after the account deletion cycle has beencompleted.
AILOdoes not offer account-level pause or suspension options. However, Users may opt out of participating in AILO’s matchingservices by leaving required matching preferences such as gender preferenceand location unset or deselected. Opting out of matching does not affect accessto other features of the Services, including AILO Duo where available.
Transition Terms forExisting Users
As part of AILO’s transition from a token-based system to apremium access model, existing Users whopreviously had access to matching services may no longer be automaticallyeligible for continued participation in matching.
Accessto AILO’s matching services now requires approval under AILO Unlimited, subject to regional availability and eligibilityrequirements. Prior access to matching or token-based features does notguarantee continued or future access following this transition.
As partof this transition, Users who previously purchased tokens or hold unused tokensmay, at AILO’s discretion, be offered preferredor discounted access to AILO Unlimited following approval, subject toeligibility, regional availability, and any applicable conditions disclosed atthe time of purchase.
Promotional or transitional accessgranted during this period may be modified or discontinued at AILO’sdiscretion.
Modification of PremiumFeatures
AILO may update, modify, enhance, or discontinue featuresor functionality associated with its premium offerings from time to time. Suchchanges may occur with or without prior notice, provided that any modificationdoes not materially diminish the core value of an active AILO Unlimitedentitlement, except where required by law, platform policy, or to ensure thesecurity, integrity, or proper operation of the service.
AILO may also adjust pricing, availability, or promotionalofferings associated with the Services at its discretion, subject to applicablelaw and platform requirements.
Any modifications will not materially diminish the corevalue of an active AILO Unlimited entitlement, except where required by law,platform policy, or to maintain the security, integrity, or proper operation ofthe Services.
Assessment & Insights
Nature of Assessment:
AILO provides assessments, compatibility analyses, andrelated insights designed to offer informational guidance regarding personalpreferences, communication styles, and relational dynamics. These assessmentsare based on User-provided information and AILO’s proprietary analyticalframework.
AILO’s assessments and insights are not psychologicalevaluations, medical assessments, therapeutic services, diagnoses, orprofessional advice of any kind. They are intended solely for informational andself-reflective purposes. Users acknowledge that assessments are interpretivein nature and may not account for all factors influencing real-worldrelationships or interactions.
Users remain solely responsible for how they interpret andapply any insights provided through the Services.
Assessment Inputs & UserResponsibility
AILO’s assessments, compatibility analyses, Needs Insight,and profile generation are based solely on information provided by Users. Usersare responsible for providing truthful, accurate, and complete responses whencompleting any assessment.
Assessment responses are not publicly displayed or sharedwith other Users and are used only to generate profile content, Needs Insight,compatibility scores, and related analyses within the Services.
AILO does not guarantee the accuracy, completeness, orpersonal relevance of any
assessment output, compatibility result, or profileinterpretation. Users acknowledge that assessment-based insights areinterpretive in nature and may not reflect personal selfperception,expectations, or real-world experiences.
Users assume full responsibility for how they interpret andrely on any assessment results, compatibility analyses, or insights providedthrough the Services.
Profile Preview & NeedsInsight
Certain features of the Services generate an automatedProfile Preview and Needs Insight based on information provided by the Userthrough AILO’s assessments. These outputs are system-generated summariesintended to reflect general patterns, preferences, and relational tendenciesderived from User responses.
Profile Previews and Needs Insights are interpretive innature, do not display raw assessment responses, and are not intended torepresent complete or definitive characterizations of any individual. They areprovided for informational and self-reflective purposes only and do notconstitute professional, psychological, or therapeutic advice.
Assessment Updates &Changes Over Time
AILO’s assessments reflect a User’s currentperspectives, relational tendencies, and personal needs at the time they arecompleted. Because circumstances and personal development may evolve, Users maychoose to retake assessments from time to time to update their Profile Previewand Needs Insight.
AILO may provide a one-time reminder if morethan thirty (30) days have passed since a
User last completed an assessment. Thisreminder is provided as a courtesy only. Retaking
an assessment is entirely optional and subjectto feature availability and any applicable payment requirements.
AILO does not determine when a User shouldretake an assessment. Decisions regarding assessment updates, retakes, orprofile regeneration are made solely at the User’s discretion.
Compatibility Score &Analysis
AILO provides a Compatibility Score andcategory-based analysis intended to offer general insight into potentialrelational dynamics between Users. The Compatibility Score is generated usingAILO’s proprietary assessment methodology and is based solely on assessmentresponses provided by each participant.
The Compatibility Score includes an overallpercentage and individual percentage scores across multiple compatibilitycategories. These scores reflect AILO’s algorithmic interpretation of howassessment responses align within each category and are accompanied byexplanatory context for informational purposes.
Compatibility Scores and related analyses aresystem-generated, interpretive in nature, and not predictions, diagnoses,psychological evaluations, or guarantees of outcomes. Scores may change if oneor both Users complete updated assessments through available features,including AILO Duo or other assessment-based tools. Users acknowledge thatreal-world compatibility may be influenced by factors beyond the scope ofAILO’s assessments.
No Professional Advice
AILO’s insights, assessments, compatibility analyses, andrelated content do not constitute professional psychological, therapeutic,medical, or relationship advice. The Services are provided for informationalguidance only and are not a substitute for professional counseling, therapy,diagnosis, or treatment.
Users acknowledge that any decisions oractions taken based on AILO’s insights are made at their sole discretion andrisk.
Interactive Features &Match Communications
Certain Users may have access to interactive features suchas match feeds, match lounges, or communication tools as part of AILO’sServices, subject to eligibility, regional availability, and access level.
Matches presented through the Services may be time-limited,expire, or become unavailable based on user activity, eligibility, geographiclocation, or other factors. AILO does not guarantee the timing, frequency,quantity, or continued availability of any match.
Users are solely responsible for monitoring their account,notifications, and available matches. AILO is not responsible for missedopportunities, expired matches, delays in user review, or loss of accessresulting from a User’s failure to engage with the Services in a timely manner.
Matches may become unavailable if another User deletes ordeactivates their account, changes eligibility status, relocates outside anactive region, or otherwise becomes ineligible for matching. AILO does notguarantee responsiveness or continued participation by any matched User.
ChatCommunications & Retention
AILO may provide messaging or communication features thatallow Users to exchange content. Users are responsible for managing their ownconversations, including deleting or removing chat history within the Services.
AILO does not guarantee the storage, retention,availability, or restoration of any chat messages or communication history.Blocking or reporting another User may restrict future communications but doesnot guarantee removal of prior messages.
Users acknowledge that sharing personal information orother content through messaging features is done at their own discretion andrisk.
User Messaging &Communications
AILO may offer messaging or communication features thatallow Users to exchange content, including text, media, or other information.Users are solely responsible for the content they send or receive through theServices.
AILO does not guarantee the delivery, availability, timing,storage, or retention of any messages or communications. Message features,functionality, and availability may change over time.
Users are responsible for all content they share. AILO mayremove content or restrict access at its discretion.
AILO reserves the right to monitor, restrict, remove, ordisable messaging or content where required by law, platform policy, or wherecontent violates these Terms or the Code of Conduct.
No Guarantee of Matches orOutcomes
Users acknowledgethat access to AILO’s Services, including AILO Unlimited or any other paidfeature, does not guarantee any minimum number of matches, compatibilityresults, interactions, communications, or successful connections.
Match availability,timing, and frequency depend on multiple factors outside of AILO’s control,including but not limited to user density, geographic region, statedpreferences, activity levels, and eligibility criteria. AILO does not guaranteethat any specific number of matches will be presented within any period oftime, nor that any match will result in communication, engagement, or continuedavailability.
Use of the Servicesdoes not guarantee personal, relational, or emotional outcomes.
Safety Notice
AILO does not conduct criminal background checks oridentity verification on users unless expressly stated. You are solelyresponsible for your interactions with other users, both online and offline.AILO does not screen, endorse, or guarantee the conduct, identity, intentions,or compatibility of any user. Exercise caution and common sense wheninteracting with others, particularly when meeting in person.
Blocking & ReportingUsers
AILO provides tools that allow Users to block or reportother Users as part of the Services. Blocking and reporting features areintended to support user safety and individual control over interactions.
When a User blocks another User, the blocked profile willno longer be visible to the blocking User within the Services under the sameaccount. Blocking affects only the User who initiates it and does not preventthe blocked User from participating in the Services or interacting with otherUsers.
Users may also report other Users for review. Reports aresubmitted for internal evaluation and safety purposes. AILO may review reportedactivity and take action at its sole discretion, including warnings,restrictions, or account removal. AILO is not obligated to disclose the outcomeof any review or enforcement action.
Blocking orreporting does not guarantee that all interactions or communications will beprevented outside of the Services. Users remain responsible for their owninteractions and decisions.
Modification of Services& Offerings
We may make improvements and/or changes in products orservices provided through the Services, add new features, or terminatefunctionality at any time without notice. We also: (i) reserve the right tochange the features and services advertised or offered for sale through theServices, the prices or specifications of such features and services, and anypromotional offers at any time without any notice or liability to you or anyother person; (ii) do not warrant that information on the Services is accurate,complete, reliable, current, or error-free; and (iii) reserve the right tomodify, cancel, terminate, or not process or where the price or other materialinformation on the Services is inaccurate, or for any other reason in our solediscretion. If we do not process an order for such reason, we will either notcharge you or will apply credit to the payment type used in the order. Somejurisdictions may not allow the exclusions and disclaimers of certain impliedwarranties, so some of the provisions of this section may not apply toyou.
Termination
The Services and this Agreement are in effect untilterminated by you or us. We may terminate this Agreement by notifying you usingany contact information we have about you or by posting such termination on theServices, including in your Account. You may terminate this Agreement byproviding written notice of termination, including your detailed contactinformation and any Account information, to us using the information in theContact Us section. In addition to any right or remedy that may be available tous under applicable law, we may suspend, limit, or terminate all or a portionof your access to the Services or any of their features at any time with orwithout notice and with or without cause, including without limitation, if webelieve that you have violated or acted inconsistently with the letter orspirit of this Agreement. We may be protected for liability from these actionsunder the Communications Decency Act, 47 U.S.C. § 230.
The provisions of this Agreement concerning protection ofintellectual property rights, authorized use, user submitted content,disclaimers, limitations of liability, indemnity, and disputes, as well as anyother provisions that by their nature should survive, shall survive any suchtermination.
Upon any such termination, (i) you must destroy all Contentobtained from the Services and all copies thereof; (ii) you will immediatelycease all use of and access to the Services; (iii) we may delete or disableaccess to any of your User Content at any time; and (iv) we may delete yourAccount at any time. You agree that if your use of the Services is terminatedpursuant to this Agreement, you will not attempt to use the Services under anyname, real or assumed, and further agree that if you violate this restrictionafter being terminated, you will indemnify and hold us harmless from any andall liability that we may incur therefore. Your use of the Services aftertermination will be a violation of this Section, which survives anytermination.
Even after the termination of this Agreement, your Account,access to the Services, or any User Content you have posted or submitted may remainon the Services indefinitely.
Disclaimer of Warranty
WE DO NOT WARRANT ORMAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITYOF THE CONTENT AVAILABLE ON THE SERVICES OR ANY OTHER SITES LINKED TO OR FROMTHE SERVICES. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THESERVICES IS DONE AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED “ASIS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHEREXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WEDISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANDNONINFRINGEMENT.
Limitation of Liability
WE AND OURAFFILIATES, SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES AS WELL AS OURAGENTS, SUPPLIERS, SERVICE PROVIDERS, AND RETAILERS (COLLECTIVELY, THE“RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF ORRELATING TO THIS AGREEMENT OR THE USE OR THE INABILITY TO USE THE SERVICES,CONTENT OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY ORRELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION ORTRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE.
RELEASEESWILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY,PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS, EVEN IF WEHAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCHDAMAGES. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANYACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD-PARTY.
SOME JURISDICTIONSDO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVELIMITATIONS MAY NOT APPLY TO YOU.
NOTHING IN THISAGREEMENT IS INTENDED TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED ORLIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE,INTENTIONAL MISCONDUCT, PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR ANY OTHERLIABILITY THAT MAY NOT BE DISCLAIMED UNDER APPLICABLE CONSUMER-PROTECTION LAWSAND REGULATIOMS. TO THE EXTENT ANY LIMITATION IN THIS AGREEMENT IS FOUNDUNENFORCEABLE, THE REMAINING LIMITATIONS SHALL CONTINUE TO APPLY TO THE FULLESTEXTENT PERMITTED BY LAW.
REGARDLESS OF THEPREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TOANY THIRD-PARTY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVEDBY US FROM YOU IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR THE LOWESTLIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.
Indemnity
You agree to indemnify, defend, and hold us and theReleasees and all of our directors, officers, employees, agents, shareholders,successors, assigns, and contractors harmless from and against any and allclaims, damages, suits, actions, liabilities, judgments, losses, costs(including without limitation reasonable attorneys’ fees), or other expensesthat arise directly or indirectly out of or from (i) your breach of anyprovision of this Agreement; (ii) your activities in connection with the Services;or (iii) User Content or other information you provide to us through theServices. We reserve the right, at your expense, to assume the exclusivedefense and control of any matter for which you are required to indemnify us,and you agree to cooperate with our defense of these claims. We will usereasonable efforts to notify you of any such claim, action, or proceeding uponbecoming aware of it.
Consent to Communication
When you use the Services or send communications to usthrough the Services, you are communicating with us electronically. You consentto receive electronically any communications related to your use of theServices. We may communicate with you by email or by posting notices on theServices. You agree that all agreements, notices, disclosures, and othercommunications that are provided to you electronically satisfy any legalrequirement that such communications be in writing. All notices from usintended for receipt by you shall be deemed delivered and effective when sentto the email address you provide to us. Please note that by providing us withyour email address, postal address or phone number, you are agreeing that we orour agents may contact you at that address or number in a manner consistentwith our Privacy Policy.
Severability
If any provision of this Agreement is held to be invalid orunenforceable, it shall be replaced in interpretation by a valid andenforceable term that most closely aligns with the intent of the originalprovision. If that is not possible, the provision shall be removed, and therest of the Agreement will be enforceable.
Assignment
We may assign this Agreement at any time with or withoutnotice to you. You may not assign or sublicense this Agreement or any of yourrights or obligations under this Agreement without our prior written consent.
Non-Refundability
Except as required by applicable law or the refundpolicies of the applicable app store or payment provider, all purchases of AILO Duo and AILO Unlimited are final andnon-refundable.
Refund requests, if any, are handled solely by Apple’s AppStore or Google Play in accordance with their respective refund policies. AILOdoes not issue refunds or credits for unused features, partial use, lack ofactivity, dissatisfaction with results, or changes to the Services or featuresover time.
INTELLECTUAL PROPERTY RIGHTS
All names, logos, text, designs, graphics, trade dress,characters, interfaces, code, software, images, sounds, videos, photographs,and other content appearing in or on the Services (“Content”) are protected intellectual property of, or used withpermission or under license by, our Company. Such Content may be protected bycopyright, trademark, patent, or other proprietary rights and laws. Thisincludes the entire Content of our Mobile App, copyrighted and protected as acollective work. All intellectual property rights associated with the Services,and related goodwill, are proprietary to us or our licensors. You do notacquire any right, title, or interest in any Content by accessing or using theServices. Any rights not expressly granted herein are reserved. Except as setforth below, the use of any Content available on the Services is strictlyprohibited.
Subject to your compliance with this Agreement, we grantyou a limited license to access and use the Services and their Content forpersonal purposes. No Content from the Services may be copied, reproduced,republished, performed, displayed, downloaded, posted, transmitted, ordistributed in any way without written permission of the rights owner. You maynot capture, reproduce, or share screenshots or recordings of the Services orthe Mobile App for commercial use, harassment, or any improper purpose.Reasonable screenshot use for reporting abuse or exercising legal rights ispermitted.
AUTHORIZED USE OF THESERVICES
While using the Services, you are required to comply withall applicable statutes, orders, regulations, rules, and other laws. You maynot use the Services for any fraudulent or unlawful purpose, and you may nottake any action to interfere with the Services or any other party’s use of theServices. In addition, we expect users of the Services to respect the rightsand dignity of others. For example, you may not do any of the following withoutour consent:
• Post, upload, share, transmit, distribute,facilitate distribution of, or otherwise make available to or through theServices any content that is unlawful, harmful, harassing, defamatory,threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful,pornographic, spam, discriminatory, violative of privacy or publicity rights,infringing of intellectual property or other proprietary rights, or otherwiseobjectionable in our sole discretion, including unauthorized or unsolicitedadvertising;
• Post to or transmit through the Services anysensitive personally identifiable information about yourself or third parties,such as social security, credit card or bank account numbers, health or medicalinformation, or other information concerning personal matters, unlessspecifically requested by us;
• Reproduce, duplicate, copy, publicly display, frame,mirror, sell, resell, or otherwise exploit for any commercial purposes, anyportion of, use of, or access to the Services;
• Impersonate any person or entity or falselystate or otherwise misrepresent your affiliation with any person or entity inconnection with the Services, or express or imply that we endorse any statementyou make;
• Violate, or attempt to violate, the security ofthe Services;
• Disseminate on the Services any viruses, worms,spyware, adware, or other malicious computer code, file, or program that isharmful or invasive or is intended to damage or hijack the operation of, ormonitor the use of, any hardware, software, or equipment;
• Use scripts, macros, or other automated means toimpact the integrity of the Services;
• Reverse engineer, disassemble, decompile, orotherwise attempt to derive the method of operation of the Services;
• Build a competitive product or service using theServices, build a product or service using similar ideas, features, functions,or graphics as the Services or determine whether the Services are within thescope of any patent;
• Interfere in any manner with the operation orhosting of the Services or monitor the availability, performance, orfunctionality of the Services;
• Use any data mining, bots, spiders, automatedtools, or similar data gathering and extraction methods, directly orindirectly, on the Services or to collect any information from the Services orany other user of the Services; or
• Assist or permit any persons in violating thisAgreement or other applicable laws or rules governing the use of the Services.
We prohibit and have zero tolerance for any contenttransmitted through the Services that endangers or sexualizes anyone under theage of 18. If you have any concerns, questions, or feedback, please contact usthrough the services or at the contact information provided below.
Any violations of this Section may result in banning yourAccount at our sole discretion.
REFER A FRIEND PROGRAM
The Services may also allow you to send messages to refer afriend to use the Services or send Content to others, for example through our “refer-a-friend”program that will send content to the phone number you provide. You agree toonly provide contact information for individuals who have told you they want toreceive the Content. By providing someone’s contact information, you representand warrant that they have confirmed to you that they want to receive theContent.
MOBILE APPLICATIONS
Some of the Services may be mobile or other applicationsthat you can download to your phone, tablet, or other device (“Mobile App”) via a third-party servicesuch as an application store. Your use of the third-party service may besubject to additional terms related to that service from the third-party serviceprovider (“App Store Provider”). WEARE NOT LIABLE IN ANY WAY FOR, AND MAKE NO REPRESENTATIONS OR WARRANTIESRELATING TO, ANY SUCH THIRD-PARTY SERVICE OR ANY CLAIM OR DAMAGE RESULTING FROMYOUR USE OF SUCH THIRD-PARTY SERVICE.
You acknowledge that this Agreement and your use of theMobile App is between you and us only, and not with any App Store Provider orits affiliates or subsidiaries. As between us and an App Store Provider, we aresolely responsible for the Mobile App and its Content. If anything in thisAgreement conflicts with any usage rules for the Mobile App from an App StoreProvider, such terms from the App Store Provider control (only so far as thoseterms conflict with this Agreement, and then exclusively for your use of theMobile App). All rights you have to use the Mobile App are for use only onappropriate products (which may require branding from the App Store Provider orother entities) and are non-transferable. We are solely responsible forproviding any maintenance and support services for the Mobile App, as specifiedin this Agreement, or as required under applicable law. No App Store Providerhas any obligation whatsoever to furnish any maintenance and support servicesfor the Mobile App, nor any warranties for the same.
WEDISCLAIM ALL WARRANTIES RELATED TO ANY MOBILE APP. However, in the eventthat the Mobile App fails to conform to any applicable warranty that we cannotdisclaim according to applicable law, you may have the right to notify the AppStore Provider, and the App Store Provider may refund the purchase price forthe Mobile App. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, NO APP STORE PROVIDER WILLHAVE ANY OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE MOBILE APP,AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSESATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY IS OUR RESPONSIBILITY.
We, not the App Store Provider, are responsible foraddressing any claims relating to the Mobile App, including, but not limitedto: (i) product liability claims; (ii) any claim that the Mobile App fails toconform to any applicable legal or regulatory requirement; (iii) claims arisingunder consumer protection, privacy, or similar legislation; and (iv) claimsthat the Mobile App infringes a third party’s intellectual property rights aswell as the investigation, defense, settlement, and discharge of any suchintellectual property infringement claim.
By using the Mobile App, you represent and warrant that (a)you are not located in a country that is subject to a U.S. Government embargo,or that has been designated by the U.S. Government as a “terrorist supporting”country; and (b) you are not listed on any U.S. Government list of prohibitedor restricted parties. You acknowledge and agree that the App Store Provider,and its subsidiaries, are third-party beneficiaries of this Agreement, andthat, upon your acceptance of the terms and conditions of this Agreement andyour use of the Mobile App, the App Store Provider will have the right (andwill be deemed to have accepted the right) to enforce this Agreement againstyou as a third-party beneficiary thereof.
USER CONTENT
You are responsible for any information, text, chats,posts, images, videos or other materials or content that you post on theServices, upload to us, or transmit through the Services (“User Content”). You agree, represent and warrant that any UserContent you post on the Services or transmit through the Services is truthful,accurate, not misleading, and offered in good faith, and that you have theright to transmit such User Content. You shall not upload, post, or otherwisemake available on or through the Services any User Content protected bycopyright, trademark, or other proprietary right of any third party without theexpress written permission of the owner of such right(s). You shall be solelyliable for any damages resulting from any infringement of copyright, trademark,proprietary rights, or any other harm resulting from such User Content.
PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS,SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARYOR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas,concepts, know-how, proposals, techniques, suggestions, or other User Contentto us, you agree that: (i) we are free to use such User Content for anypurpose; (ii) such User Content will be deemed not to be confidential orproprietary; (iii) we may have something similar already under consideration orin development; and (iv) you are not entitled to any compensation orreimbursement of any kind from us under any circumstances unless otherwiseexpressly agreed in writing by us. Be aware that we have no obligation to keepUser Content confidential unless explicitly stated.
User Content License: By submitting User Content to us directlyor indirectly (including through any use of third-party social media platformsdirected at us), you grant to us (or warrant that the owner of such informationand material has expressly granted to us) a royalty-free, perpetual,sublicensable, irrevocable, and unrestricted right and license: (i) to use,reproduce, display, modify, adapt, publish, perform, translate, transmit, anddistribute or otherwise make available to others such User Content (in whole orin part and for any purpose) worldwide; provided that AILO will not use yourphotos, likeness, name, or other personally identifiable information for publicadvertising or promotional purposes without your separate express consent]. Youalso hereby grant each user of the Services a non-exclusive license to accessyour User Content through the Services, and to tag, rate, review, comment on,use, reproduce, distribute, display, and perform such User Content as permittedthrough the functionality of the Services and under this Agreement.Additionally, you irrevocably waive any “moral rights” or other rights withrespect to attribution of authorship or integrity of your User Content that youmay have under any applicable law or legal theory. Notwithstanding theforegoing, please note that any personally identifiable information you submitto us through our “Contact Us” forms or other forms that are intended to beconfidential will be handled in accordance with our Privacy Policy and will not be publicly disclosed, except asdescribed in our Privacy Policy orotherwise approved by you. This license continues only for as long as your UserContent is available on the Services, except where retention is required forlegitimate business, legal, or compliance purposes.
The Services allow for user to user chats, user-generatedcontent, and other interactive features or services through which users canpost or upload User Content or otherwise interact with the Services (each, a “Match Communication”). We do notendorse User Content posted in Match Communications, cannot guarantee theaccuracy or authenticity of such User Content, and are acting only as a passiveconduit for such User Content. User Content may include information that hasnot been evaluated or approved by us. WE RESERVE THE RIGHT TO REMOVE ANY CHATS,AT ANY TIME FOR ANY REASON.
Limited Monitoring: We do not actively monitor all MatchCommunications; however, we may access, review, or preserve communications when(i) a user reports a safety or trust issue; (ii) required to comply with law orlegal requests; (iii) necessary to enforce this Agreement; or (iv) needed toaddress security, fraud, or technical issues. We take reasonable steps torestrict staff access to communications unless one of these circumstancesapplies.
Match Communication Privacy: You acknowledgethat any User Content you communicate in Match Communications may be seen andused by others. You understand that our staff, or other users connected with usmay see the content of Match Communications. Any user failing to comply withthis Agreement may be expelled from and refused continued access to MatchCommunications in the future. However, we are not responsible for User Contentthat you or others choose to communicate in Match Communications, or for youractions or the actions of other users.
IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OROTHER USER CONTENT AVAILABLE IN A MATCH COMMUNICATION OR OTHERWISE ON ORTHROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.
IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OROTHER USER CONTENT AVAILABLE IN A MATCH COMMUNICATION OR OTHERWISE ON ORTHROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.
Our Rights: You acknowledge and agree that we reserve the right(but have no obligation) to do one or all of the following, at our solediscretion: (i) evaluate User Content before allowing it to be posted on theServices or any Match Communication; (ii) monitor User Content and MatchCommunication; (iii) alter, remove, reject, or refuse to post or allow to beposted, without notice to you, any User Content, for any reason or for noreason whatsoever; provided, however, that we shall have no obligation orliability to you for failure to do so or for doing so in any particular manner;and/or (iv) disclose any User Content, and the circumstances surrounding itstransmission, to any third-party in order to operate the Mobile App, to protectus, our Mobile App visitors or others, to comply with legal obligations orgovernmental requests, to enforce this Agreement, or for any other reason orpurpose we deem appropriate. If you see User Content on our Mobile App that youbelieve violates this Agreement, please Contact Us.
We do not have any obligation to store MatchCommunications. You authorize us to act on your behalf with respect to anyinfringing and/or unauthorized uses. This expressly includes the authority, butnot the obligation, for us to send takedown notices (such as pursuant to theDMCA) on your behalf if Your User Content is taken and used by third partiesoutside of Us.
No Guarantee of Matchesor Outcomes
AILO does not guarantee that you will receive a certainnumber of matches, that any match will result in communication, that anyinteraction will lead to a relationship, or that any compatibility result willlead to personal, relational, or emotional outcomes. Match availability dependson user density, user activity, user preferences, location and other factorsoutside of AILO’s control. Use of AILO’s assessment, matching tools, orinsights is at your sole discretion.
ACCOUNTS
Certain sections and features of some of the Services areavailable only to users who have registered for an account (“Account”). We may reject, and you maynot use, a user ID (or e-mail address) for any reason in our sole discretion.For example, we may reject a user ID (or e-mail address) (i) that is alreadybeing used by someone else; (ii) that may be construed as impersonating anotherperson; (iii) that belongs to another person; (iv) that violates theintellectual property or other rights of any person; or (v) that is offensive.You may only have one active Account at any given time, and you may not allowother people to use your Account to access the Services.
If you maintain an Account, we expect you to accuratelymaintain and update any information about yourself that you have provided tous. You agree that you are responsible for all activities that occur under yourAccount, and for maintaining the confidentiality of your password andrestricting access to your computer so others may not access the Services inviolation of this Agreement. In addition, you agree to sign out from yourAccount at the end of each session if you are using a device that is sharedwith other people.
You agree to notify us of any unauthorized use of yourAccount username, log-in ID, password, or any other breach of security that youbecome aware of involving or relating to the Services by contacting us as soon as possible. Wereserve the right to take any and all actions we deem necessary or reasonableto maintain the security of the Services and your Account, including withoutlimitation, terminating your Account, changing your password, or requestinginformation to authorize transactions on your Account.
If you need to delete your Account at any time, you can dothis by going to Settings, then Delete account. It may take time for yourAccount and User Content to be removed from the Services.
Once deleted, an Account may be restored for up to seven (7)days. After the seven (7) days, the Account, including your information,matches, and chats will be permanently deleted.
WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES ANDDAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
THIRD-PARTY CONTENT ANDLINKS
Any information, statements, opinions, or other informationprovided by third-parties and made available on the Services are those of therespective author(s) and not us. We do not guarantee the validity, accuracy,completeness or reliability of any opinion, advice, service, offer, statement,or other third-party content on the Services.
We may provide on the Services, solely as a convenience tousers, links to websites, social media pages, mobile applications, or otherservices operated by other entities. If you click these links, you will leavethe Services. If you decide to visit any external link, you do so at your ownrisk, and it is your responsibility to take all protective measures to guardagainst viruses or other destructive elements. We do not make any warranty orrepresentation regarding, or endorse or otherwise sponsor, any linked websites,services, or the information appearing thereon or any of the products orservices described thereon. Links do not imply that we are legally authorizedto use any trademark, trade name, logo, or copyright symbol displayed in oraccessible through the links; or that any linked website or service isauthorized to use any of our trademarks, logos, or copyright symbols.
We may maintain a presence on and link to social mediawebsites, including Instagram, and others (collectively, “Social Media Pages”), to provide a place for people to learn moreabout us and our products and to share experiences with our products. When youvisit these Social Media Pages, you are no longer on the Services, but rather awebsite operated by a third party. All comments, visuals, and other materialsposted by visitors to our Social Media Pages do not necessarily reflect ouropinions, values, or ideas. All visitors to our Social Media Pages must complywith the respective social media platform’s terms of use.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES,APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OFANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON ORAVAILABLE THROUGH SUCH THIRD-PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THETERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
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COPYRIGHT INFRINGEMENTNOTICES
It is our policy to expeditiously respond to notices ofalleged copyright infringement that comply with the United States DigitalMillennium Copyright Act (“DMCA”).This section describes the information that should be present in these noticesand the take down procedure we follow with respect to allegedly infringingmaterial. If we receive proper notification of claimed copyright infringement,our response to these notices may include removing or disabling access to theallegedly infringing material and/or terminating or suspending users. If weremove or disable access in response to such a notice, we will make agood-faith attempt to contact the provider of the allegedly infringing contentso that they may make a counter notification pursuant to the DMCA. It is ourpolicy to accommodate and not interfere with standard technical measures usedby copyright owners to identify or protect their copyrighted works that wedetermine are reasonable under the circumstances.
If you believe that any Content on theServices infringes upon any copyright which you own or control, you may send awritten notification to our designated copyright agent (the “DesignatedAgent”), identified below, with the following information:
• A description of the copyrighted work or otherintellectual property that you claim has been infringed, with sufficient detailso that we can identify the alleged infringing material;
• The URL or other specific location on theServices that contains the alleged infringing material described in above, withreasonably sufficient information to enable us to locate the alleged infringingmaterial;
• Your name, mailing address, telephone number andemail address;
• The electronic or physical signature of theowner of the copyright or a person authorized to act on the owner’s behalf;
• A statement by you that you have a good faithbelief that the disputed use is not authorized by the copyright owner, itsagent, or the law; and
• A statement by you that the informationcontained in your notice is accurate and that you attest under penalty ofperjury that you are the copyright owner or that you are authorized to act onthe copyright owner’s behalf.
Designated Agent: John Owens
Email: owensjohn@gtlaw.com
Address: 333 SE 2nd Avenue Suite 4400, Miami, FL33131
Phone: 305.579.0526
To notify the provider of the allegedly infringing materialto which we have removed or disabled access, we may forward a copy of yourinfringement notice, including your name and email address to the provider ofthe allegedly infringing material.
We may terminate users who, in our sole discretion, aredeemed to be repeat infringers. Knowingly misrepresenting in a notificationthat material is infringing can subject you to damages, including costs andattorneys’ fees, incurred by us or the alleged infringer. If you receive aninfringement notification from us, you may file a counter notification pursuantwith our Designated Agent pursuant to the DMCA. To file a counter notification,please provide our Designated Agent with the following information:
• Identification of the material that has beenremoved or to which access has been disabled and the location at which thematerial appeared before it was removed or access was disabled;
• Your name, mailing address, telephone number,and email address;
• The following statement: “I consent to thejurisdiction of [insert one of the following: (1) “the Federal District Courtin which my mailing address is located”, or (2) if you reside outside of theUnited States, “the United States District Court for the southern district ofFlorida”]”;
• The following statement: “I will accept serviceof process from [insert the name of the person who submitted the infringementnotification] or his/her agent”;
• The following statement: “I swear, under penaltyof perjury, that I have a good faith belief that the affected material wasremoved or disabled as a result of a mistake or misidentification of thematerial to be removed or disabled”; and
• Your signature, in physical or electronic form.
Upon receipt of valid counter notification, we willpromptly provide the person who provided the original infringement notificationwith a copy of your counter notification and inform that person that we willreplace the removed material or cease disabling access to it in ten (10)business days. Further, we will replace the removed material and ceasedisabling access to it not less than ten (10), nor more than fourteen (14),business days following receipt of your counter notice, unless the DesignatedAgent first receives notice from the person who submitted the originalinfringement notification that such person has filed an action seeking a courtorder to restrain you from engaging in infringing activity relating to thematerial on the Services.
UPDATES TO THIS AGREEMENT
We may revise or otherwise change or update this Agreementfrom time to time. We will use reasonable efforts to notify you of suchchanges. However, please check the “Last Updated” legend at the top of thispage to see when this Agreement was last revised. When changes are made to thisAgreement, they will become immediately effective when published on this pageunless otherwise noted. We encourage you to periodically review thisAgreement―there may have been changes to our policies that may affect you. Ifyou do not agree to the Agreement as modified, then you must discontinue youruse of the Services. Your continued use of the Services will signify yourcontinued agreement to this Agreement as revised. We will make reasonableefforts to notify you of material changes to this Agreement. Such efforts mightinclude posting notice on the Services, an email to the address we have onfile, or a message in your Account.
DISPUTES, ARBITRATION, ANDCLASS ACTION WAIVER
PLEASE READ THISSECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDINGYOUR RIGHT TO FILE A LAWSUIT IN COURT ORTO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE ORJURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERYLIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER INARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVETERMINATION OF THIS AGREEMENT. IF, HOWEVER, EITHER THE CLASS ACTION WAIVER ORCOORDINATED CLAIMS PROVISION BELOW ARE FOUND INVALID, THEN THE SPECIFIC INVALIDPROVISION WILL BE UNENFORCEABLE AND WILL BE SEVERED AND THE REMAINDER OF THEARBITRATION PROVISIONS WILL REMAIN IN FULL FORCE.
Agreement to Arbitrate
You and we agree that any dispute, claim or controversy,including those known or unknown that may be later discovered, arising out ofor relating to this Agreement, other agreements on the Services, or the Privacy Policy, or the breach, termination,enforcement, interpretation, or validity thereof, including the determinationof the scope or applicability of this agreement to arbitrate, shall be eitherdetermined by binding arbitration in Miami Florida before one arbitrator or submittedto small claims court in Miami Florida. If the arbitrator finds this locationto be unreasonably burdensome to you, a new location may be selected orarbitration may be conducted over the phone, using video conferencing, orsimilar. You may be entitled to an in-person hearing near your place ofresidence. Judgment on the award may be entered in any court havingjurisdiction. This clause shall not preclude parties from seeking provisionalremedies in aid of arbitration from a court of appropriate jurisdiction. Anyarbitration arising out of or related to this Agreement shall be conducted inaccordance with the expedited procedures set forth in the JAMS ComprehensiveArbitration Rules and Procedures as those Rules exist on the effective date ofthis Agreement, including Rules 16.1 and 16.2 of those Rules.
Mutuality
Both you and AILO agree to resolve disputes exclusivelythrough individual arbitration, and each party retains the right to proceed insmall claims court where eligible.
No Class Actions
YOU AGREE THAT ANY CLAIMS OR ARBITRATION UNDER THISAGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACHMAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, ANDNOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVEPROCEEDING; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AREAGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASSACTION. Further, unless both you and we agree otherwise, the arbitrator may notconsolidate more than one person’s claims with your claims and may nototherwise preside over any form of a representative or class proceeding. Ifthis specific provision is found to be unenforceable, then the entirety of thisarbitration provision shall be null and void. The arbitrator may awarddeclaratory or injunctive relief only in favor of the individual party seekingrelief and only to the extent necessary to provide relief warranted by thatparty’s individual claim.
Seeking Arbitration
If you elect to seek arbitration or file a small claimcourt action, you must first send to us, by certified mail, a written notice ofyour claim (“Notice”). The Notice tous must be addressed to: P.O. Box 450134, Miami Florida 33245. If we initiatearbitration, we will send a written Notice to an email address you havepreviously provided to us, if available. We may also use any other means tocontact you, including a message in your Account. A Notice, whether sent by youor by us, must (i) describe the nature and basis of the claim or dispute; and(ii) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve theclaim within thirty (30) days after the Notice is received, you or we maycommence an arbitration proceeding or file a claim in small claims court.Arbitration forms can be downloaded from www.jamsadr.com. If you are requiredto pay a filing fee, after we receive Notice that you have commencedarbitration, we will promptly reimburse you for your payment of the filing fee,unless your claim is for greater than US $10,000 or the arbitrator determinesthe claims are frivolous, in which event you will be responsible for filingfees.
Hearing
If your claim is for US $10,000 or less, we agree that youmay choose whether the arbitration will be conducted solely on the basis ofdocuments submitted to the arbitrator, through a telephonic or video hearing,or by an in-person hearing as established by the JAMS Rules. If your claimexceeds US $10,000, the right to a hearing will be determined by the JAMSRules. In the event that the arbitration will be conducted solely on the basisof submitted documents, the arbitrator’s decision and award will be made anddelivered within six (6) months of the selection of the arbitrator, unlessextended by the arbitrator. Except as expressly set forth herein, the paymentof all filing, administration, and arbitrator fees will be governed by the JAMSRules.
Award
In the event arbitration awards you damages of an amount atleast US $100 greater than our last documented settlement offer, we will payyour awarded damages or US $2,500, whichever is greater.
Injunctive Relief
Notwithstandingthe foregoing, you and we both agree that you or we may sue in court to enjoininfringement or other misuse of intellectual property rights or in otherscenarios where injunctive relief is appropriate. In the event a court orarbitrator having jurisdiction finds any portion of this Agreementunenforceable, that portion shall not be effective, and the remainder of theAgreement shall remain effective. No waiver, express or implied, by eitherparty of any breach of or default under this Agreement will constitute acontinuing waiver of such breach or default or be deemed to be a waiver of anypreceding or subsequent breach or default.
Confidentiality
You and we shall maintain the confidential nature of thearbitration proceeding and the Award, including the hearing, except as may benecessary to prepare for or conduct the arbitration hearing on the merits, orexcept as may be necessary in connection with a court application for apreliminary remedy, a judicial challenge to an award or its enforcement, orunless otherwise required by law or judicial decision.
Coordinated Proceedings
If twenty-five (25) or more individuals initiate Notices ofdispute with us raising similar claims, and counsel for the individualsbringing the claims are the same or are coordinated for these individuals (“Coordinated Claims”), the claims shallproceed in arbitration in a coordinated proceeding. Counsel for the individualsand our counsel shall each select five (5) cases to proceed first inarbitration in a bellwether proceeding (“TestCases”). The remaining cases shall not be filed in arbitration until thefirst ten (10) have been resolved. If the parties are unable to resolve theremaining cases after the conclusion of the Test Cases, each side may selectanother five (5) cases to proceed to arbitration for a second bellwetherproceeding. This process may continue until the parties have determined anobjective methodology to make an offer to resolve each and every outstandingclaim. A court will have authority to enforce this clause and, if necessary, toenjoin the mass filing of arbitration demands against us. Individuals bringingCoordinated Claims shall be responsible for up to US $250 of their filing feesor the maximum permissible under the applicable arbitration rules. Allapplicable statutes of limitations and defenses based upon the passage of timewill be tolled while the Coordinated Proceedings specified in this Section arepending. We will take such action, if any, required to effectuate such tolling.
Language Version Controls
AILO may provide translations of this Terms of Service foryour convenience, including a Spanish-language version. However, the English version of this Agreement willprevail in the event of any conflict, discrepancy, or inconsistency betweenthe translated version and the English version. The English version shall bethe legally binding and authoritative text for all purposes.
Governing Law and Rules
This Agreement and the rights of the parties hereundershall be governed by and construed in accordance with the laws of the State ofFlorida, exclusive of conflict or choice of law rules. You and we acknowledgethat this Agreement evidences a transaction involving interstate commerce.Notwithstanding the provision in the preceding paragraph with respect toapplicable substantive law, any arbitration conducted pursuant to the terms ofthis Agreement shall be governed by the Federal Arbitration Act (9 U.S.C.,Secs. 1-16). In any arbitration arising out of or related to this Agreement,the arbitrator is not empowered to award punitive or exemplary damages, exceptwhere permitted by statute, and the parties waive any right to recover any suchdamages. In any arbitration arising out of or related to this Agreement, thearbitrator may not award any incidental, indirect, or consequential damages,including damages for lost profits. The parties adopt and agree to implementthe JAMS Optional Arbitration Appeal Procedure (as it exists on the effectivedate of this Agreement) with respect to any final award in an arbitrationarising out of or related to this Agreement.
Severance of ArbitrationAgreement
If the clauses concerning and describing the procedures andobligations related to Coordinated Claims and Test Case procedures is orbecomes invalid or unenforceable, then the remaining entire arbitrationagreement and any clauses concerning, relating to, specifying, or otherwisedescribing the arbitration agreement shall be severed from this Agreement.However, any duty of confidentiality whether or not such duty is connected witharbitration shall survive such severance.
TERMS FOR USERS IN CERTAIN GEOGRAPHICLOCATIONS
New Jersey Residents
If you are a consumer residing in New Jersey, the followingprovisions of this Agreement do not apply to you (and do not limit any rightsthat you may have) to the extent that they are unenforceable under New Jerseylaw: (i) Disclaimer of Warranty; (ii) Limitation of Liability; (iii) Indemnity;and (iv) under the Disputes, Arbitration, and Class Action Waiver section andthe governing law provisions (solely to the extent that your rights as aconsumer residing in New Jersey are required to be governed by New Jersey law).According to N.J.S.A. 56:12-16, you may have additional rights if you are a NewJersey resident and other provisions of this Agreement are found to violate anestablished legal right.
California Residents
Under California Civil Code Section 1789.3, Californiausers are entitled to the following consumer rights notice: Californiaresidents may reach the Complaint Assistance Unit of the Division of ConsumerServices of the California Department of Consumer Affairs by mail at 1625 NorthMarket Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800)9525210.
If you are a California resident, you agree to consciouslywaive all claims, both known and unknown that may be later discovered andexpressly forgo and waive all protections as by California Civil Code Section1542, which states, “[a] general release does not extend to claims that thecreditor or releasing party does not know or suspect to exist in his or herfavor 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 orreleased party.” By using this Site, you agree that these California Civil CodeSection 1542 protections no longer apply to you.
CONTACT US
If you have questions about this Agreement, or if you havetechnical questions about the operation of the Services, please contact us bywriting us at P.O. Box 450134, Miami Florida 33245. If you have any questionsor comments about our company or our products or have other customer serviceneeds, please contact us for information on contacting our customer servicerepresentatives.
Email: support@ailoapp.com
