Terms of Use

 


Last Updated: July 1, 2022

PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE OF AIWYN, INC. AND ALL OF ITS SUBSIDIARIES, SUCCESSORS IN INTEREST AND ASSIGNS (COLLECTIVELY, “AIWYN”, “US”, “WE”) BEFORE USING: www.aiwyn.ai all related websites, and related mobile applications (the “Site”), and the products and services provided for through the Site (the “Services”). In order to enjoy all the benefits of the Site, you must register and become a member. You may visit the Site without registering. All users of this Site and the Services agree that access to and use of this Site and the Services is subject to the following terms of use (“Terms of Use”) and other applicable law.


You agree that by using this Site or the Services or creating an account, you are at least 18 years of age if you are a resident of the United States or otherwise the age of majority in your jurisdiction of residence.


It is your responsibility to review these Terms of Use periodically. We may revise these Terms of Use at any time without notice to you. If you do not agree to these Terms of Use, please do not use this Site or Services.

 

1. Site

A. The Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Aiwyn. You may not use any meta tags or any other "hidden text" utilizing Aiwyn's name or trademarks without the express written consent of Aiwyn. Any unauthorized use terminates the permission or license granted by Aiwyn.

B. We reserve the right to change any information, features and functions of the Site without prior notice. We may refuse service, cancel orders, terminate accounts and/or deny access to any or all parts of this Site if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms of Use, our rights or the rights of any third party. Use of the Site for any illegal or unauthorized purpose is strictly prohibited. We reserve the right to cancel orders due to suspected fraudulent activity in our sole discretion. 

 

2. Guidelines for Using the Services. Your use of the Services and the related licenses granted hereunder are also conditioned upon your strict adherence to the letter and spirit of the various applicable guidelines detailed on the Services. We may modify such guidelines in our sole discretion at any time. We reserve the right to terminate your account and access to the Services if it is determined that you have violated any such applicable guidelines.

 

3. Registration and Membership
A. To create an account or to become a member of our Site, complete the applicable registration form by providing information such as your valid email address and creating a password to register your profile. Each time you use your password or identification, you will be deemed to be authorized to access and use the Services in a manner consistent with these Terms of Use and Aiwyn has no obligation to investigate the authorization or source of any such access or use of the Services.

B. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE AND SERVICES BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SERVICES IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

C. You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of the security of the Site or Services.

D. As necessary to provide the Services, we will request your payment information. Where permitted by applicable law, you agree that we may update your payment information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to our Privacy Policy, which is hereby incorporated into these Terms of Use.

 

4. Billing and Payments on the Services. All purchases through our Site or other transactions for the purchase of Services formed through the Site, or resulting from visits made by you, are governed by our Terms of Sale at www.aiwyn.ai/terms-of-sale, which are hereby incorporated into these Terms of Use. 

 

5. Warranty Disclaimer EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SITE AND THE SERVICES OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AIWYN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AIWYN DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SITE, SERVICES OR THE SERVER THAT MAKES THE SITE AND SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AIWYN DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

 

6. Limitation of Liability
AIWYN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR SERVICES ON THE SITE, EVEN IF AIWYN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

 

7. Copyright
The technology underlying the Site and Services and the entire contents of the Site and Services including, but not limited to, text, graphics, images, photographs, audio and video clips, digital downloads, data compilation or code is copyrighted under the United States and other copyright laws, and is the property of AIWYN and protected by copyright and other intellectual property or proprietary rights. The work includes works that are licensed to AIWYN. © 2022 Aiwyn, Inc. All rights reserved.

 

8. Trademarks
All trademarks, service marks and trade names of AIWYN on the Site are trademarks or registered trademarks of AIWYN or their respective owners. Our trademarks may not be used in any manner for any purpose without our express written consent.

 

9. Privacy
Registration data and other information about you are subject to our Privacy Policy at www.aiwyn.com/privacy-policy, which is incorporated herein by this reference. You understand that the technical processing and transmission of this Site may involve (a) transmission of your personal data over various networks; and (b) changes to your personal information in order to conform and adapt to technical requirements of connecting networks or devices. 

 

10. Miscellaneous
A. These Terms of Use shall be governed and interpreted in accordance with the laws of the Commonwealth of Virginia without reference to conflicts of laws principles and excluding the United Nations Convention on Contracts for the Sale of Goods. YOU AND AIWYN AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE SHALL BE FINAL AND BINDING ARBITRATION, RATHER THAN JURY TRIALS OR CLASS ACTIONS. Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The foregoing shall not prevent Aiwyn from seeking injunctive relief in a court of competent jurisdiction. Judgment on the award may be entered in any court of competent jurisdiction. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

B. If any current or future provision of these Terms of Use is found invalid, void or for any reason unenforceable, that provision is severable and does not affect the validity and enforceability of any remaining provision of these Terms of Use. If you are a representative of a company that is a customer of Aiwyn that has signed a separate agreement with Aiwyn (a “Customer Agreement”), then to the extent of any conflict between the terms of the Customer Agreement and these Terms of Use, the Customer Agreement shall govern. 

C. You may not assign or transfer these Terms of Use or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms of Use at any time without notice. 

D. These Terms of Use are applicable to you upon your accessing this Site. The provisions relating to Copyrights, Trademark, Warranty Disclaimer, Limitation of Liability, Privacy and Miscellaneous, shall survive any termination of these Terms of Use.

E. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding the use of the Service.