Terms of Service of Aunimeda

1. Introduction and Acceptance

Aunimeda and its subsidiaries, affiliates, partners, contractors, and related entities including but not limited to our US-based partners (Ltd, Inc, and sole proprietorship entities in Los Angeles, San Francisco, New York, Miami), international affiliates, and authorized representatives worldwide ("Aunimeda," "we," "us," "our," "Company") provide various services, including but not limited to: aunimeda.com (main platform with user accounts, dashboards, and partner programs), ai.aunimeda.com (proprietary artificial intelligence services), crm.aunimeda.com (customer relationship management platform), docs.aunimeda.com (digital document signing and management), and all associated subdomains, applications, APIs, and integrated third-party services (collectively, "Services" or "Products and Services").

BY ACCESSING OR USING ANY OF OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE ("TERMS") AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU MUST NOT USE OUR SERVICES. YOUR CONTINUED USE OF OUR SERVICES AFTER ANY MODIFICATIONS TO THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

These Terms constitute a legally binding agreement between you and Aunimeda regarding your use of our Services. If you are using our Services on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and that entity.

2. Eligibility and Registration

2.1 Eligibility Requirements: You must be at least 18 years old or the age of legal majority in your jurisdiction, whichever is greater, to use our Services. By using our Services, you represent and warrant that you meet all eligibility requirements.

2.2 Account Registration: Some of our Services require you to register for an account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

2.3 Corporate Accounts: If you register for an account on behalf of a company or organization, you represent and warrant that you have the authority to bind such entity to these Terms. The account belongs to the organization, and the organization retains all rights to the account and its content even if the individual who created the account leaves the organization.

3. Services and License

3.1 License Grant: Subject to your compliance with these Terms, Aunimeda grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services for their intended purposes.

3.2 Service Modifications: We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.

3.3 Beta Services: We may offer certain Services as "beta," "preview," or "early access" versions. These Services are still in development and may contain bugs or errors. Your use of these Services is at your own risk, and we provide them "AS IS" without warranty of any kind.

3.4 Service Availability: While we strive to ensure that our Services are available at all times, we do not guarantee continuous, uninterrupted access to our Services. We shall not be liable for any downtime, server disruptions, or technical malfunctions of our Services.

4. User Conduct and Prohibited Activities

4.1 General Conduct: You agree to use our Services only for lawful purposes and in accordance with these Terms. You are solely responsible for your conduct while using our Services.

4.2 Prohibited Activities: You agree not to engage in any of the following prohibited activities:

• Violating any applicable law, regulation, or these Terms
• Infringing upon the intellectual property rights of others
• Uploading, transmitting, or distributing any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, or otherwise objectionable
• Attempting to gain unauthorized access to our Services, other user accounts, or computer systems or networks connected to our Services
• Using our Services to develop competing products or services
• Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code of our Services
• Interfering with or disrupting the integrity or performance of our Services
• Automated or bulk collection of data from our Services without our prior written consent
• Using our Services in any manner that could disable, overburden, damage, or impair our Services
• Using any robot, spider, or other automatic device, process, or means to access our Services for any purpose
• Introducing any viruses, Trojan horses, worms, logic bombs, or other malicious code
• Attempting to circumvent any security measures we implement

4.3 Enforcement: We reserve the right, but are not obligated, to monitor your use of our Services. We may remove or refuse any content that, in our sole discretion, violates these Terms or is otherwise objectionable. We may suspend or terminate your access to our Services for violations of these Terms or for any other reason at our sole discretion.

5. User Content and Intellectual Property

5.1 User Content: Our Services may allow you to upload, submit, store, send, or receive content ("User Content"). You retain all rights to your User Content, subject to the licenses granted below.

5.2 Content License: By submitting User Content to our Services, you grant Aunimeda a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with providing and improving our Services. This license continues even if you stop using our Services, solely for the purpose of providing our Services to others.

5.3 AI Training License: You grant Aunimeda the right to use your User Content to train, improve, and develop our artificial intelligence systems and algorithms. This includes the right to analyze, process, and learn from your User Content to enhance our AI capabilities.

5.4 Content Representations: You represent and warrant that: (i) you own or have the necessary rights to your User Content and to grant the licenses described above; (ii) your User Content does not violate any third party's intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights; and (iii) your User Content complies with these Terms and all applicable laws and regulations.

5.5 Aunimeda Intellectual Property: All intellectual property rights in our Services, including but not limited to software, designs, logos, text, graphics, images, video, information, and content (excluding User Content), are owned by Aunimeda or our licensors. Nothing in these Terms grants you any right, title, or interest in our intellectual property.

6. Payment Terms

6.1 Fees and Billing: Some of our Services require payment. By using our paid Services, you agree to pay all fees in accordance with the pricing and payment terms presented to you. All fees are non-refundable unless otherwise stated or required by law.

6.2 Subscription Services: For subscription-based Services, you authorize us to charge your payment method on a recurring basis. Subscriptions automatically renew for additional periods equal to the initial subscription period unless canceled before the renewal date.

6.3 Price Changes: We reserve the right to change our prices at any time. If we change the fees for a subscription-based Service, we will provide notice of the change at least 30 days before the change takes effect.

6.4 Taxes: You are responsible for all taxes associated with your use of our Services, except for taxes based on Aunimeda's income.

6.5 Payment Disputes: If you dispute any charges, you must notify us within 30 days of the date of the disputed charge.

7. Third-Party Services and Links

7.1 Third-Party Services: Our Services may integrate with or contain links to third-party websites, services, or content that are not owned or controlled by Aunimeda. We do not endorse or assume any responsibility for any such third-party services or content.

7.2 Third-Party Terms: Your use of third-party services may be subject to additional terms and conditions provided by the third party. It is your responsibility to review and comply with these terms.

7.3 No Liability: Aunimeda shall not be liable for any loss or damage caused by your use of or reliance on any third-party services or content.

8. Data Processing and Privacy

8.1 Privacy Policy: Our Privacy Policy, available at https://aunimeda.com/privacypolicy, explains how we collect, use, and protect your personal information. By using our Services, you consent to our collection and use of your information as described in our Privacy Policy.

8.2 Data Processing Agreement: If you are a business customer and your use of our Services involves the processing of personal data subject to applicable data protection laws (such as the GDPR), our Data Processing Agreement shall apply to such processing.

8.3 Data Security: We implement reasonable security measures to protect your data. However, no method of transmission over the Internet or method of electronic storage is 100% secure. We cannot guarantee absolute security of your data.

9. Disclaimers and Limitations of Liability

9.1 Disclaimer of Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVERS THAT MAKE OUR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9.2 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUNIMEDA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR SERVICES; (iii) ANY CONTENT OBTAINED FROM OUR SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

9.3 Liability Cap: IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE AMOUNT PAID BY YOU TO AUNIMEDA DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT PAID AUNIMEDA FOR THE USE OF OUR SERVICES.

9.4 Exclusions: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Aunimeda and its officers, directors, employees, agents, partners, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from (i) your violation of these Terms; (ii) your User Content; (iii) your use of our Services; or (iv) your violation of any rights of another. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

11. Term and Termination

11.1 Term: These Terms shall remain in full force and effect while you use our Services or maintain an account with us.

11.2 Termination by You: You may terminate these Terms at any time by ceasing all use of our Services and closing your account.

11.3 Termination by Aunimeda: We may terminate or suspend your access to our Services or your account at any time, with or without notice, for any reason, including but not limited to your breach of these Terms.

11.4 Effect of Termination: Upon termination of these Terms, your right to use our Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Dispute Resolution

12.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. For users accessing our Services from the Kyrgyz Republic or other international locations, these Terms shall be governed by the laws of the Kyrgyz Republic to the extent required by applicable law.

12.2 Mandatory Arbitration: ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, OR VALIDITY THEREOF SHALL BE FINALLY SETTLED BY ARBITRATION. THE ARBITRATION SHALL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION (FOR U.S.-BASED MATTERS) OR THE KYRGYZ REPUBLIC ARBITRATION RULES (FOR INTERNATIONAL MATTERS). THE SEAT OF ARBITRATION SHALL BE WILMINGTON, DELAWARE, USA FOR U.S.-BASED MATTERS OR BISHKEK, KYRGYZ REPUBLIC FOR INTERNATIONAL MATTERS. THE LANGUAGE OF ARBITRATION SHALL BE ENGLISH. THE NUMBER OF ARBITRATORS SHALL BE ONE. THE AWARD RENDERED BY THE ARBITRATOR SHALL BE FINAL AND BINDING ON THE PARTIES.

12.3 Class Action Waiver: YOU AND AUNIMEDA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Aunimeda agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

12.4 Small Claims Court: Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court's jurisdiction and is pending only in that court.

12.5 Injunctive Relief: Notwithstanding the foregoing, Aunimeda shall have the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

13. Export Controls and Sanctions

Our Services may be subject to U.S. and international export control and economic sanctions laws and regulations. You agree to comply with all such laws and regulations as they relate to your access to and use of our Services. You represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, and you are not on any U.S. government list of prohibited or restricted parties.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email, through our Services, or by other means. Your continued use of our Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our Services.

15. General Provisions

15.1 Entire Agreement: These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Aunimeda concerning your use of our Services.

15.2 Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Aunimeda.

15.3 Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

15.4 Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction.

15.5 Force Majeure: Aunimeda shall not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

15.6 Notices: Any notices or other communications provided by Aunimeda under these Terms will be given by posting to our Services or by email to the email address specified in your account.

15.7 Relationship of Parties: Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and Aunimeda.

16. Intellectual Property Complaints

If you believe that your intellectual property rights have been infringed upon by content available through our Services, please contact our designated agent at legal@aunimeda.com. Your notice must include: (i) identification of the copyrighted work or intellectual property that you claim has been infringed; (ii) identification of the material that you claim is infringing and where it is located; (iii) your contact information; (iv) a statement that you have a good faith belief that the use is not authorized by the copyright or intellectual property owner, its agent, or the law; and (v) a statement, made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the owner.

17. AI-Generated Content

17.1 AI Services: Our Services may include artificial intelligence features that generate content based on your inputs or instructions ("AI-Generated Content").

17.2 Ownership of AI-Generated Content: Unless otherwise specified in a separate agreement, you own the output of our AI Services that you generate, subject to our underlying intellectual property rights in our AI technology and models.

17.3 Responsibility for AI-Generated Content: You are solely responsible for reviewing and editing AI-Generated Content before using it for any purpose. We do not guarantee the accuracy, completeness, or quality of AI-Generated Content. You should not rely on AI-Generated Content for legal, financial, medical, or other professional advice.

17.4 Prohibited Use of AI Services: You agree not to use our AI Services to generate content that is illegal, harmful, deceptive, or that violates the rights of others. We reserve the right to monitor and filter inputs to and outputs from our AI Services to prevent misuse.

18. Service Level Agreement

For business customers with paid subscriptions, we may offer a Service Level Agreement ("SLA") that specifies our commitments regarding service availability and support response times. The SLA, if applicable, will be provided separately and incorporated into these Terms by reference.

19. Compliance with Laws

19.1 General Compliance: You agree to comply with all applicable laws, regulations, and industry standards when using our Services.

19.2 Industry-Specific Regulations: If you use our Services in an industry that is regulated (such as healthcare, financial services, or education), you are responsible for ensuring that your use of our Services complies with all applicable industry-specific laws and regulations.

20. Contact Information

If you have any questions, concerns, or requests regarding these Terms or our Services, please contact us: