aelin LLC

Website terms of service

Last modified: August 10, 2020

Thank you for selecting the Application and the Services offered by aelin LLC and/or its subsidiaries and affiliates (referred to as the "Company", "we", "our", or "us"). Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and the Company. By accepting electronically (for example, clicking "I agree…"), installing, accessing or using the Application and the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Application and the Services.

A. GENERAL TERMS

1. Agreement

 

This Agreement describes the terms governing your use of the Company online application (the “Application”) and services provided to you on this website, including content, updates and new releases, (collectively, the "Services"). It includes by reference:

  • The Company’s Privacy Statement provided to you in the Application and the Services available on the website or provided to you otherwise.

  • Additional Terms and Conditions, including the Terms of Use and which may include those from third parties.

  • Any terms provided separately to you for the Application and the Services, including product or program terms, ordering, activation, payment terms, etc.

By clicking “I agree…” or creating an account on our Website, you are indicating that you have read and understands this Agreement and that you agree and accept of this Agreement as the sole terms and conditions governing the sale of goods or services by the Company to you. You expressly acknowledge and agree that all terms and conditions proposed by you that are different from or in addition to the terms under this Agreement are unacceptable to the Company, are hereby expressly rejected by the Company, and shall not become a part of the contract between you and the Company. No variation of the terms and conditions of this Agreement shall be effective unless expressly agreed to by a duly authorized officer of the Company in a writing signed by such officer.

2. Your right to use the application and the services

 

2.1 You acknowledge that the Company is not in the business of providing its Application or selling its Services to consumers. You warrant and represent to the Company that (a) you are using and/or purchasing use of the Application and the Services solely for business or commercial purposes, and (b) you are not a “consumer” as defined by any applicable law or regulation. The Application and the Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Application and the Services and only for the purposes described by the Company. The Company reserves all other rights in the Application and the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, the Company grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Application and the Services.

2.2 You agree not to use, nor permit any third party to use, the Application or the Services or content in a manner that violates any applicable law, regulation or this Agreement and to comply with applicable laws and regulations in using, accessing or distributing the Application, including any data provided via the Application. You agree you will not, directly or indirectly:

  • Provide access to or give any part of the Application and the Services to any third party.

  • Reproduce, modify, copy, deconstruct, sell, trade or resell the Application and the Services.

  • Make the Application and the Services available on any file-sharing or application hosting service.

  • Reverse engineer, decrypt, decompile, decode, disassemble, or otherwise attempt to obtain the source code to the Application

  • Rent or time-share the Application or host the Application in a multi-tenant environment

  • Remove or destroy any copyright notices, proprietary markings or confidential legends placed upon or contained within the Application or any copies thereof

  • Engage in any activity with the Application that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party

  • Use the Application or data provided via the Application in any way in furtherance of criminal, fraudulent, or other unlawful activity.

3. Payment

 

For Services offered on a payment or subscription basis, the following terms apply, unless the Company or its third party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Application and the Services:

  1. Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Application and the Services.

  2. You must pay with one of the following:

    1. A valid credit card acceptable to the Company;

    2. A valid debit card acceptable to the Company;

    3. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or

    4. By another payment option the Company provides to you in writing.

  3. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Application and the Services.

  4. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.

  5. The Company will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Application and the Services are cancelled or terminated under this Agreement.

  6. You may cancel or terminate your subscription to the Application or the Services by emailing support@aelin.ai with your username and “Cancel my subscription” in the body of the email, not less than thirty (30) days in advance of the next billing date.

  7. Additional cancellation or renewal terms may be provided to you on the website for the Application and the Services.

4. Use of your mobile device

 

Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:

  1. THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE APPLICATION AND THE SERVICES AT ANY TIME OR FROM ANY LOCATION;

  2. ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND

  3. ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE APPLICATION AND THE SERVICES.

5. Your personal information

 

You can view the Company's Privacy Statement provided with the Application and the Services and on the website for the Application and the Services, or at this link: Privacy Policy. You agree to the applicable Privacy Statement and any changes published by the Company. You agree that the Company may use and maintain your data according to the Company Privacy Statement, as part of the Application and the Services. You give the Company permission to combine information you enter or upload for the Application and the Services with that of other users of the Services and/or other services. For example, this means that the Company may use your and other users' non-identifiable, aggregated data to improve the Application and the Services or to design promotions and provide ways for you to compare business practices with other users. The Company is a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.

6. Content

 

6.1 You are responsible for your data and  content. You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Application and the Services. You grant the Company a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Application and the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. The Company is not responsible for the Content or data you submit through the Application and the Services.

You agree not to use, nor permit any third party to use, the Application and the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

  1. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;

  2. Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy;

  3. Except as permitted by the Company in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;

  4. Virus, trojan horse, worm or other disruptive or harmful software or data; and

  5. Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owners.

You are fully responsible for the security of data on your website or otherwise in your possession or control. You agree to comply with all applicable state and federal laws and rules in connection with your collection, security and dissemination of any personal, financial, credit card, or transaction information (defined as “Data”) on your website. You agrees, where applicable, it shall be compliant with the Payment Card Industry Data Security Standards (PCI-DSS) and the Payment Application Data Security Standards (PA-DSS), as applicable. It is your responsibility to comply with these standards.

6.2 The Company may freely use feedback you provide. You agree that the Company may use your feedback, suggestions, or ideas in any way, including in future modifications of the Application and the Services, other products or services, advertising or marketing materials. You grant the Company a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to the Company in any way.

6.3 The Company may monitor your Content. The Company may, but has no obligation to, monitor content on the Application and the Services. We may disclose any information necessary to satisfy our legal obligations, protect the Company or its customers, or operate the Application and the Services properly. The Company, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

6.4  The Company and its third-party vendors may use your data. Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is provided to you, may be used by our third party vendors to conduct certain analytical research, performance tracking and benchmarking. Such third-party vendors may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will not be shared with or sold to third parties, see Your Personal Information without your consent. You agree and acknowledge that your data, including financial or personal information, may be transferred to a third party located in a country that does not have adequate security controls to protect your data.

6.5  The Company may access your data through third party services. You understand that the Application may require access to certain third party services (“Third Party Services”) in order to provide the Application and the Services. In order to use the Application that uses or collects data from the Third Party Services, you hereby authorize third party service providers, including Intuit, to obtain your data from third parties and share it with the Company for the Application and provision of the Application and the Services. Such data may include your financial or personal information with third parties. In addition, you agree that the Company may provide your data to the third party service provider. You represent and warrant that you have the rights and authority to provide such authorizations to the third party service providers and the Company. Your use and/or access to Third Party Services shall be limited to those uses and access rights permitted by the third party service provider. If you access or use the Third Party Services, you are responsible for reviewing and understanding any such terms and conditions governing such Third Party Services. You understand that the Company has no control over the Third Party Services and that your ability to access and use the Third Party Services may be suspended or terminated at any time, for any reason, at the third party service provider’s discretion.

7. Additional terms

 

7.1 The Company does not give professional advice. Unless specifically included with the Application and the Services, the Company is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

7.2 You are responsible for the truth, accuracy, and correctness of your information contained in your Reports.  To the extent that the Application and the Services include the creation of any report, representation, information, calculations, or other analysis of you or your company, you are solely responsible for the truth, accuracy, and correctness of any Report that uses information provided by you or your company, including information obtained from third-parties about you or your company. The Company hereby disclaims any and all responsibility or liability for or related to the Reports to the extent that the Report incorporates, relies upon, or uses such information, including reliance on any Report for any reason by your or any third party.  The Application and the Services may include an option by which you ask the Company to share your Report(s) with a third party of your choosing. You acknowledge and agree that by electing to share your Report via the Application, you authorize and direct the Company to distribute your Report and related information to such part. Any party with whom your information is shared must receive the information subject to the Report Disclaimers and Limitations.  The Company disclaims all responsibility and liability related to the sharing of your Report or use of your Report by third parties. Do not reveal information via the share function that you do not want to make public. You hereby agree to indemnify, defend and hold harmless the Company and its affiliates, and their respective employees, officers, directors, managers, shareholders, members, or other agents or representatives from any and all liability for claims and losses related to the Reports.

7.3 We may tell you about other services. You may be offered other services, products, or promotions by the Company ("Services"). Additional terms and conditions and fees may apply. With some Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant the Company permission to use information about your business and experience to help us to provide the Application and the Services to you and to enhance the Application and the Services. You grant the Company permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant the Company permission to share or publish summary results relating to research data and to distribute or license such data to third parties.

7.4 Communications. The Company may be required by law to send you communications about the Application and the Services or Third Party Products. You agree that the Company may send these communications to you via email or by posting them on our websites.

7.5 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Application and the Services and to contact the Company if you become aware of any unauthorized access to your account. The Application and the Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Application and the Services. You agree to receive these updates.

7.6 Telephone Numbers. You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that the Company may use your telephone number for "multi-factor authentication" ("MFA"), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve the Company sending text messages containing security codes to your telephone number. You agree to receive these texts from the Company containing security codes as part of the MFA process. In addition, you agree that the Company may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including: providing you with important critical notices regarding your use of the Application and the Services, or fulfilling a request made by you through the Application and the Services.

8. Disclaimer of warranties

 

8.1 YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION, THE SERVICES, ANY THIRD PARTY SERVICES AND ANY DATA PROVIDED VIA THE THIRD PARTY SERVICES OR DEVELOPER APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,"SUPPLIERS") MAKE NO WARRANTY, EXPRESS, IMPLIED, OR STATUTORY AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, WITH RESPECT TO THE APPLICATION, THE SERVICES, ANY THIRD PARTY SERVICES OR ANY DATA PROVIDED VIA THE THIRD PARTY SERVICES OR APPLICATION, IN WHOLE OR IN PART, INCLUDING ANY WARRANTY THAT THE APPLICATION AND THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE APPLICATION AND THE SERVICES.

8.2 THE COMPANY, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE APPLICATION AND THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

8.3 THE COMPANY AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE APPLICATION AND THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE APPLICATION AND THE SERVICES, WHICHEVER IS SOONER. YOU UNDERSTAND AND AGREE THAT ANY USE OF THE APPLICATION, THE SERVICES, THIRD PARTY SERVICES OR DATA PROVIDED VIA THE THIRD PARTY SERVICES OR APPLICATION WILL BE AT YOUR SOLE RISK, AND THAT, IF THERE IS ANY LIABILITY IN CONNECTION WITH THE APPLICATION OR THE SERVICES, INCLUDING LIABILITY ARISING FROM A SECURITY BREACH OR THE COMPANY’S LACK OF COMPLIANCE WITH APPLICABLE LAWS OR REGULATIONS OR DATA PRIVACY PROTECTION, SUCH LIABILITY IS SOLELY WITH THE COMPANY AND NOT ITS LICENSORS OR THIRD PARTY SERVICE PROVIDERS.

9. Limitation of liability and indemnity

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF THE COMPANY, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APPLICATION AND THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, THE COMPANY, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET THE COMPANY SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF THE COMPANY AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF THE COMPANY, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE APPLICATION AND THE SERVICES AND ITS USE.

You agree to indemnify and hold the Company and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Application and the Services or breach of this Agreement (collectively referred to as "Claims"). The Company reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by the Company in the defense of any Claims.

10. Changes

 

We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Application and the Services, on our website for the Application and the Services or when we notify you by other means. We may also change or discontinue the Application and the Services, in whole or in part. Your continued use of the Application and the Services indicates your agreement to the changes.

11. Termination

 

The Company may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Application and the Services effective immediately, in whole or in part, for suspicion of fraud, security, illegal activity or unauthorized access issues to protect the integrity of our Services or systems and comply with applicable the Company policy, or if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Application and the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect the Company's rights to any payments due to it. The Company may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.

12. Export restrictions

 

You acknowledge that the Application and the Services, including the mobile application, delivered by the Company are subject to restrictions under applicable US export control laws, including US trade embargoes and sanctions and security requirements, and applicable country or local laws to the extent compatible with US laws. You agree that you will comply with these laws and regulations and will not export, re-export, import or otherwise make available products and/or technical data in violation of these laws, directly or indirectly.

13. Governing law

 

Colorado state law governs this Agreement without regard to its conflicts of laws provisions.

14. Disputes

 

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE APPLICATION AND THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply California law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to the Company to legal@aelin.ai. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA's rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules. The Company will not seek its attorneys' fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone or web  conference, based on written submissions, or in person in Denver, Colorado. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 14 shall survive expiration, termination or rescission of this Agreement.

15. General

 

This Agreement, including the agreement incorporated by reference herein, is the entire agreement between you and the Company and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. You acknowledge that Intuit is a third party beneficiary under this Agreement with rights to enforce the terms of this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of the Company. However, the Company may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by the Company or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact the Company via an email to: legal@aelin.ai