AINIA Terms of Use 7.2.24

Ainia[Ainia Inc] ("Ainia", "we", "us", "our") provides children with an interactive learning platform that emphasizes emotional intelligence using artificial intelligence. These Terms of Use (the "Terms") govern the use of the Ainia website located at www.ainia.ai (the "Website"), the Ainia mobile app (the "App"), the Ainia children's interactive learning platform and all other related content, services, features, activities, and products provided by Ainia (collectively, the "Services"). Please read these Terms carefully before permitting your child to use the Services.

BY PERMITTING YOUR CHILD TO USE THE SERVICES CONFIRMS YOUR ACCEPTANCE OF THESE TERMS. YOU MUST AGREE TO THESE TERMS ON BEHALF OF THE CHILD. IF YOU DO NOT ACCEPT THESE TERMS AND ALL POLICIES, TERMS, AND CONDITIONS STATED HEREIN OR INCORPORATED BY REFERENCE IN THESE TERMS, YOUR CHILD IS PROHIBITED FROM, AND MUST IMMEDIATELY CEASE, ACCESSING OR USING THE SERVICES.

1. Child Accounts.

1.1.

Account Creation. In order to enable use of the Services by your child, or any children you are authorized to provide with such access (the "Child"), you must agree to these Terms and create an account for the child (the "Child Account"). To create the Child Account, you must provide 'verifiable parental consent' as required under the Children's Online Privacy Protection Act (COPPA), and provide certain personal information such as the Child's name or nickname and age as prompted by the account registration form. You represent and warrant that: (a) you are a parent or legal guardian of the Child; (b) all required registration information you submit is truthful and accurate; and (c) you will maintain the accuracy of such information.

1.2.

Cancellation/Termination. You may delete the Child Account at any time, for any reason. We may permanently or temporarily terminate, suspend, or otherwise refuse to permit you or your Child's access to the Services without notice and liability for any reason, including if in our sole determination you or your Child violate any provision of these Terms, or for no reason.

2. License Grant.

2.1.

By Ainia. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services. All rights not expressly granted in these Terms are reserved and retained by us or our licensors, suppliers, publishers, rightsholders, or other content providers. The licenses granted by us terminate if you do not comply with these Terms, or do not ensure compliance with these Terms.

2.2.

By You. By posting any User Content on the Services, you expressly grant to us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you or your Child posts; that the content is accurate; and that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. For the avoidance of doubt, 'User Content' in this context does not include any personal information associated with the Child's use of the Services.

3. Rules of Conduct.

You are solely responsible for any and all activities that relate to the Child Account. You agree that you will not, directly or indirectly, or permit the Child or any third party to:

3.1.

Use the Services for any unlawful or unauthorized purpose;

3.2.

Solicit others to perform or participate in any unlawful acts;

3.3.

Infringe upon or violate our intellectual property rights or the intellectual property rights of others;

3.4.

Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

3.5.

Submit false or misleading information;

3.6.

Collect or track the personal information of others;

3.7.

Spam, phish, farm, pretext, spider, crawl, or scrape;

3.8.

Use the Services for any obscene or immoral purpose;

3.9.

Distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Services in any unauthorized manner, including but not limited to by trespass or burdening network capacity;

3.10.

Copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Services, any updates, or any part thereof in any form or manner or by any means;

3.11.

Decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer the Services, any updates, or any part thereof;

3.12.

Use any means to discover the source code or to discover the trade secrets in the Services; and

3.13.

Otherwise circumvent any functionality that controls access to or otherwise protects the Services.

We may terminate your access to and use of the Services immediately if you fail to comply, or ensure compliance, with these rules.

4. Our Proprietary Rights.

The Services and all any copyright, patent, trademark, service mark, trade secret, sui generis right, moral right, celebrity right, right of attribution, or other intellectual or proprietary right of any party or any application for any of the forgoing ("Intellectual Property Rights") in the Services are, and shall remain, our exclusive property. All rights in and to the Services are hereby expressly reserved and retained by us without restriction, including, without limitation, our right to sole ownership of the documentation, logos, trademarks, images, text, graphics, illustrations, audio, videos, music and trade secrets. You are only granted a limited license for you and the Child to access and use the Services as detailed in Section 2 above.

Ainia's logo and other graphics, logos, and service names are trade-names and trademarks of the Company. Such trademarks may not be used in connection with any product or service that is not our product, or in any manner that disparages or discredits Ainia.

You agree not to (and not to allow the Child or any third party to): (a) use the trademarks, trade names, service marks, logos, domain names and other proprietary rights associated with the Services for any purpose without our express written consent; (b) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other proprietary rights associated with the Company; or (c) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Services.

Any ideas, requests, feedback, recommendations, error and bug reports, comments, concepts, additional features and other requests or suggestions (collectively "Ideas") that you may provide us will be owned by us. You hereby irrevocably assign and transfer any Intellectual Property Rights in such Ideas to us, free of charge. You agree that the same will automatically become our property and that we shall be entitled to use, exploit, implement, adapt, develop, copy, reproduce, publish, license or assign the rights to such materials and Ideas without any obligation to make any royalty or other payment to you, and without any obligation of credit or notice to you. If you intend to retain any Intellectual Property Rights in your Ideas please do not submit them to us without our prior written approval.

5. Copyright Complaints.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please send us the following information:

5.1.

An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

5.2.

A description of the copyrighted work that you claim has been infringed upon;

5.3.

A description of the material that is claimed to be infringing and where it is located on the Services;

5.4.

Your address, telephone number, and email address;

5.5.

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

5.6.

A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

Our Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Please note that this procedure is exclusively for notifying Ainia and its affiliates that your copyrighted material has been infringed.

6. User Content.

While using the Services, you agree not (and not to allow the Child or any third party) to (a) upload, post, process, reproduce, distribute, send or otherwise transfer or make available (collectively "Transmit") any content that is, in any jurisdiction were so Transmitted, illegal, abusive, obscene, defamatory, inflammatory, libelous, hateful, or racially, ethnically, sexually or otherwise objectionable, including, but not limited to sexually explicit content involving a child (Child Sexual Abuse Material or CSAM); (b) Transmit any content that may infringe or promote the infringement of any Intellectual Property Right.

You hereby acknowledge that we may or may not screen Account Content. Ainia and its staff have the right, but no obligation, in its sole discretion, to remove any Account Content. With no restriction to the mentioned above, Ainia and its staff have the right to check, deny, or remove any Child Account if it violates any of these Terms, or is otherwise objectionable. You agree that you are responsible for the associated risks, including any reliance on the mentioned Account Content's accuracy, completeness, or usefulness.

7. Privacy.

By using the Services or permitting the Child to use the Services, you acknowledge and agree that you have reviewed and understand our Ainia Privacy Policy, which is hereby incorporated by reference, and you consent to the practices described therein as they may be updated from time to time.

8. Disclaimers.

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AINIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

THE SERVICES ARE SUBJECT TO SCHEDULED AND UNSCHEDULED SERVICE INTERRUPTIONS. ALL ASPECTS OF THE SERVICES ARE SUBJECT TO CHANGE OR ELIMINATION AT OUR SOLE DISCRETION. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU FOR ANY INTERRUPTION OF THE SERVICES, DELAY, OR FAILURE TO PERFORM.

9. Limitation of Liability.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, OUR SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM AINIA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OTHER THAN FOR INDEMNIFICATION OBLIGATIONS ARISING HEREUNDER, WILLFUL MISCONDUCT, GROSS NEGLIGENCE OR YOUR MISAPPROPRIATION OF OUR INTELLECTUAL PROPERTY/PROPRIETARY RIGHTS IN AND TO THE SERVICES, EACH PARTY'S TOTAL CUMULATIVE LIABILITY TO THE OTHER PARTY IN CONNECTION WITH THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100 USD). YOU ACKNOWLEDGE THAT THIS ARRANGEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT NEITHER PARTY WOULD ENTER INTO THESE TERMS WITHOUT THESE LIMITATIONS ON LIABILITY.

10. Indemnification.

You agree to defend, indemnify and hold harmless Ainia and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your or the Child's use of and access to the Services, including any data or content transmitted or received by you or the Child; (ii) your or the Child's violation of any term of these Terms; (iii) your or the Child's violation of any third-party right, including without limitation any right of privacy, publicity rights, or intellectual property rights; (iv) your or the Child's violation of any applicable law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via the Child Account; or (vi) any other individual's access and use of the Services with your unique username, password or other appropriate security code.

11. Third-Party Products and Links.

We may provide hyperlinks to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we shall not be responsible for the availability of such sites or resources, nor shall we be responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. When you or your Child access these third-party sites you do so at your own risk, and you should refer to each such website's individual "Terms of Service" and not rely on these Terms in any way.

Moreover, you acknowledge that the Services use and/or contain certain software, products, and services which were developed and owned by third parties. For example, in order to create our Services, we rely on the use of large language model technologies ("LLMs"), some of which are provided by independent third parties such as Meta Llama ( llama.meta.com ). As noted herein and in our Privacy Policy, Ainia does not control the creation or development of these LLMs, and has limited capacity to troubleshoot any issues with the content associated with interactive responses provided to the Child. The use of third-party products, including LLMS are governed by terms and conditions of such third parties ("Third Party Products and Services"). Accordingly, you agree that Ainia will not be responsible for such Third Party Products and Services, nor for any error, malfunction or defect in the Services resulted therefrom.

12. General Provisions.

12.1.

Changes to these Terms. We reserve the right to amend these Terms at any time, including by changing the amount of any Fees payable for any of our Services, and may also add new features that will be subject to these Terms. If these changes are material we will communicate the changes to You prior to the changes going into effect. Your continued use of the Services after any such changes constitutes your acceptance of the revised Terms.

12.2.

Choice of Law. These Terms and all claims related to it, its execution or the performance of the parties under it, shall be construed and governed in all respects according to the internal laws of the State of California without regard to the conflict of law provisions thereof.

12.3.

No Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. No waiver shall be effective unless in writing signed by both Parties.

12.4.

Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

12.5.

Survival. All provisions regarding indemnification, warranty, liability, and limits thereon, and protections of proprietary rights shall survive the termination of these Terms.

12.6.

Assignment. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Skupos' prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Ainia may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

AINIA Terms of Use

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