Terms Of Use

Welcome to the website (https://www.aui.io/) (the “Site”) (together with its subdomains, Content, the Apollo playground (the “Demo”)  , Marks and services accessible in the Site (together , the “Services”). Please read these Terms of Use carefully before using the Services so that you are aware of your legal rights and obligations with respect to Augmented Intelligence Inc. (“AUI“, “we”, “our” or “us”). By accessing or using the Services, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use (your end-user license agreement with us), together with the Privacy Policy (the “Terms”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms please do not access or use the Services. 

• Modification. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, so we recommend that you review these terms periodically; your continued use of the Services thereafter means that you accept those changes.

• Ability to Accept Terms. In order for a child under the age of 13 located in the United States and 18 in the EU and the rest of the world to use the AUI Services, his/her parent or legal guardian must approve the registration.

• Access to the Services. For such time as these Terms are in effect, we hereby grant you permission to visit the Site or use the Services, provided that you comply with these Terms and applicable law.

• Restrictions. By using the Site you agree not to: (i) copy, distribute or modify any part without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site. 

• Payments to AUI.     Your right to access the Site and the Demo is currently for free, but AUI may in the future charge a fee for certain access or usage. You will not be charged for any such access or use of the Site or Demo unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the services.

•  AUI Demo – Apollo playground.  You may experience our services by registering for the Apollo playground Demo via the Site. (“Demo”). Once you register for access to the Demo, the services, in whole or in part, will be available to you, free of charge, until until the earlier of: (a) the end of the Demo period for which you were registered to use the applicable Services; or (b) the start date of any Proposal ordered by you (in each case, unless earlier terminated in accordance with this Agreement)You acknowledge and agree that this Agreement is applicable and binding upon you during the Demo and that AUI: (a) does not make any commitments in connection with the Services during the Demo; and (b) may send you, subject to your opting out, communications and other notices about the Services to your email address. AUI reserves the right to modify, cancel and/or limit this Demo offer at any time, and the right to add promotions with respect to the Services and withdraw such promotions, at its discretion. AUI WILL HAVE NO LIABILITY FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A DEMO.

• Intellectual Property Rights. 

1. 1. 1. Content and Marks. The (i) content on the Site and provided in the Services, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Content“), and (ii) the trademarks, service marks and logos contained therein (“Marks“), are the property of AUI or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “AUI”, the AUI logo, and other marks are Marks of AUI or its affiliates. All other trademarks, service marks, and logos used on the Site and provided in the Services are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Services and the Content. 
      2. Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein. 

• Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.

• Links. 

1. 1. 1. Links. The Services may contain links, and may enable you to post content, to third party websites that are not owned or controlled by AUI. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release AUI from any and all liability arising from your use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.
      2. Third Party Websites. AUI permits you to link to the Services provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears in the Services; (iii) you shall not misrepresent your relationship with AUI or present any false information about AUI and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website (“Third Party Website“) which prohibits linking to third parties; (v) such Third Party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law. 

• Privacy. We will use any personal information that we may collect or obtain in connection with the Services in accordance with our privacy policy which is available at www.aui.io. You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.

• Warranty Disclaimers. 

1. 1. 1. This section applies whether or not the Services are provided for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply. 
      2. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. AUI HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. AUI NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT AUI WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY. 
      3. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, AUI DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.

• Limitation of Liability. 

1. 1. 1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AUI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF AUI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
      2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AUI FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES EXCEED THE TOTAL AMOUNT OF 100 USD. 

• Indemnity. You agree to defend, indemnify and hold harmless AUI and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Services, including the use of Demo; (ii) your interaction with any Site user; or (iii) your violation of these Terms.

• Term and Termination. These Terms are effective until terminated by AUI or you. AUI, in its sole discretion, has the right to terminate these Terms and/or your access to the Services, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). AUI shall not be liable to you or any third party for termination of the Services, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 14 and Sections 7 (Intellectual Property Rights), 10 (Privacy), 11 (Warranty Disclaimers), 12 (Limitation of Liability), 13 (Indemnity), and 15 (Independent Contractors) to 17 (General) shall survive termination of these Terms.

• Independent Contractors. You and AUI are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and AUI. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of AUI.

• Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by AUI without restriction or notification to you. Any prohibited assignment shall be null and void.

• General. AUI reserves the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and AUI shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in the State of Delaware and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that AUI may seek injunctive relief in any court of competent jurisdiction. These Terms shall constitute the entire agreement between you and AUI concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.