Terms of Service

We’re so happy to have you here. These Terms of Service (“Terms”) govern your use of AIMOUR and the software, content, and services (collectively, “Services”) offered through: our website www.aimour.ai and its subdomains (the “Website”), our mobile apps AIMOUR for Android and AIMOUR for iOS (the “Apps”).

Please read these terms carefully before you start using the Services.

The terms “AIMOUR,” “us” or “we” refers to ADS BOOST LTD., a software company who designed and built AIMOUR, incorporated in Cyprus.

The term “device” refers to the device which is used to access the Services including but not limited to computers, smartphones and tablets.

The term “you” refers to the user of the Services.

When you sign up for any of the Services or otherwise use or access them, you agree to be bound by these Terms and all applicable laws, rules, and regulations. By using the Services, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the services.

Our contact email address is [email protected]. All correspondence to AIMOUR including any queries you may have regarding your use of the Services or these Terms should be sent to this contact email address.

PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND AIMOUR AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND AIMOUR WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. OUR SERVICES

1.1. Medical disclaimer

AIMOUR offers a personal chatbot service through a text and voice interface. AIMOUR is a provider of software and content designed to improve your mood and emotional wellbeing. However, we are not a healthcare or medical device provider, nor should our Services be considered medical care, mental health services or other professional services. Only your physician or other healthcare providers can do that. While there is third party evidence from research that certain conversation techniques implemented in AIMOUR can assist in the recovery process for a wide array of conditions, AIMOUR makes no claims, representations or guarantees that the Services provide a therapeutic benefit.

1.2. Emergencies

Use of the Services is not for emergencies. If you think you have a medical or mental health emergency, call 911 or go to the nearest open clinic or emergency room. If you are considering or committing suicide or feel that you are a danger to yourself or others, you must discontinue use of the Services immediately, call 911 or notify appropriate police or emergency medical personnel.

1.3. Modifications to the Services

We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that AIMOUR will not be liable to you or to any third party for any modification, suspension or discontinuance of any the Services.

2. MEMBERSHIP & SUBSCRIPTIONS

You will be required to register (“create an account”) with AIMOUR and become an AIMOUR Member in order to access and use the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the registration forms. Registration data and certain other information about you are governed by our Privacy Policy.

2.1. Once a member

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify AIMOUR of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Services. AIMOUR will not be liable for any loss or damage arising from your failure to comply with this Section.

2.2. Your membership

As an AIMOUR Member, you will receive access to content, features, and functions of the Services that are not available to non-members.

By agreeing to become a Member you opt-in to receive occasional special offers, marketing, survey, and Services-based communication emails. You can easily unsubscribe from AIMOUR commercial emails by following the opt-out instruction in these emails. AIMOUR memberships and subscriptions are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.

2.3. Subscriptions

2.3.1. Choosing a subscription program

Once you become an AIMOUR Member, you can choose one of the subscription programs offered in AIMOUR:

• “Free Use”: a free-of-charge program, which gives limited access to the Services. The “Free Use” is aimed at users who cannot afford any of our subscription-fee based programs. We reserve the right to deny the free use to anyone at any time on our own discretion.
• “AIMOUR Pro”: a subscription-fee based program, which gives full access to the Services.

You can become a subscriber to a paid subscription program (b) or (the “Paid Subscriptions”) by purchasing a subscription to the Services within the Apps, where allowed by the App marketplace partners (Apple iTunes Store and Google Play store).

2.3.2. Maintaining a Paid Subscription

Any of our paid subscriptions shall be paid in monthly, semi-annual or annual installments and processed by the App marketplace partner through which you originally acquired the subscription.

You will only have access to a paid subscription while it is active and subsisting. Should you fail to pay your subscription within 7 days after a due date, you will automatically downgrade to “Free Use”.

The renewal subscription fees will continue to be billed to the Payment Method you provided through the marketplace, automatically until canceled. You must cancel your subscription before it renews each billing period in order to avoid billing of the next subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.

2.3.3. Refunds

Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds.

If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds.

If you purchase a subscription through our website (via Stripe, PayPal or other payment processor), the sale is final and we will not provide a refund.

Please note that the 14-days-after-purchase refund policy for EU residents does not apply for the provided access to the digital product.

2.5. Device requirements

To enjoy AIMOUR via your smartphone or other Device, your Device must satisfy certain system requirements.

3. CANCELLATION OF SERVICES

3.1. Cancellation by you

You may cancel your Membership at any time by deleting your account in the app. This action is irreversible. As soon as you delete your account, all the data associated with your use of the Services will be removed permanently. Upon your account deletion, cancellation of a Paid Subscription is effective at the end of the applicable billing period.

You may cancel a Paid Subscription and downgrade to “Free Use” at any time without deleting your account. Cancellation is effective at the end of the applicable billing period.

Please note that if you purchase a Paid Subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by canceling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify.

If you purchase a Paid Subscription through the Google Play store, you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.

3.2. Cancellation by us

We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice.

4. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that we may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. You agree that AIMOUR has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services.

You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

5. MOBILE SERVICES

Some of our Services are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Website from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply.

In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding AIMOUR and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

In the event you change or deactivate your mobile telephone number, you agree to promptly update your AIMOUR account information to ensure that your messages are not sent to the person that acquires your old number.

6. CONDITIONS OF USE

6.1. User conduct

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Services.

The following are examples of the kind of content and/or use that is illegal or prohibited by AIMOUR. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Services to:

• Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Violate any applicable local, state, national or international law, or any regulations having the force of law.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
• Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized.
• Further or promote any criminal activity or enterprise or provide instructional information about illegal activities.
• Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.

6.2. Special notice for international use: Export controls

Software available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

6.3. Commercial use

The Service is for your personal use only. Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

6.4. Use of AIMOUR by minors

If you are under 18, you are not authorized to use the Services, with or without registering.

7. APPLE APP STORE AND GOOGLE PLAY STORE LEGAL INFORMATION

These Terms apply to your use of all the Services, including the iPhone application available via the Apple, Inc. (“Apple”) App Store (the “Applications”), and the Android application available via the Google, Inc. (“Google”) Play Store (the “Applications”), but the following additional terms also apply to the Applications:

• Both you and AIMOUR acknowledge that the Terms are concluded between you and AIMOUR only, and not with Apple and Google, and that Apple and Google are not responsible for the Application or the Content.
• The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Services.
• You will only use the Application in connection with an Apple or Google device that you own or control.
• You acknowledge and agree that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

Both you and AIMOUR acknowledge and agree that Apple, and Apple’s subsidiaries, and Google, and Google's subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third-party beneficiary hereof.

8. INTELLECTUAL PROPERTY RIGHTS

8.1. Service content, software, and trademarks

You acknowledge and agree that the Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by AIMOUR, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by AIMOUR from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of AIMOUR, our affiliates, and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by AIMOUR.

The AIMOUR name and logos are trademarks and service marks of AIMOUR (collectively the “AIMOUR Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to AIMOUR. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of AIMOUR Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of AIMOUR Trademarks will inure to our exclusive benefit.

8.2. Third party material

Under no circumstances will AIMOUR be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that AIMOUR does not pre-screen content, but that AIMOUR and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, AIMOUR and its designees will have the right to remove any content that violates these Terms of Service or is deemed by AIMOUR, in its sole discretion, to be otherwise objectionable.

You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

8.3. User content transmitted through the Services

With respect to the content or other materials you upload through the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant AIMOUR and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to AIMOUR are non-confidential and AIMOUR will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

8.4. Copyright complaints

AIMOUR respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify AIMOUR of your infringement claim in accordance with the procedure set forth below.

A notification of claimed copyright infringement should be emailed to AIMOUR’s Copyright Agent at [email protected] (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:

8.5. Counter-notice

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

• Your physical or electronic signature.
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content.
• Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

9. THIRD PARTY WEBSITES

The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. We have no control over such sites and resources and we are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that AIMOUR will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that AIMOUR is not liable for any loss or claim that you may have against any such third party.

10. SOCIAL NETWORKING SERVICES

You may enable, connect or log in to the Services via various online third-party services, such as social media and social networking services like Facebook, Instagram or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Services, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy.

However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and AIMOUR shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
n addition, AIMOUR is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, AIMOUR is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. AIMOUR enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

11. WARRANTY, INDEMNITY AND LIABILITY

11.1. Indemnity and release

You agree to release, indemnify and hold AIMOUR and its affiliates and their officers, employees, directors, and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages, or expenses incurred as a result of any action or inaction of such Indemnitee.

11.2. Disclaimer of warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

11.3. Limitation of liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AIMOUR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

12. DISPUTE RESOLUTION BY BINDING ARBITRATION

12.1. Agreement to arbitrate

You agree that any and all disputes or claims that have arisen or may arise between you and AIMOUR, whether arising out of or relating to these Terms of Service, the Services, or any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration.

12.2. Prohibition of class and representative actions

YOU AND AIMOUR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

12.3. Pre-arbitration dispute resolution

AIMOUR is always interested in resolving disputes amicably and efficiently. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send a written Notice of Dispute.

12.4. Arbitration procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, as modified by this Arbitration Agreement.

13. GENERAL CONDITIONS

13.1. Termination

You agree that AIMOUR, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if AIMOUR believes that you have violated these Terms of Service.

13.2. User disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and AIMOUR will have no liability or responsibility with respect thereto.

13.3. Entire agreement

These Terms of Service constitute the entire agreement between you and AIMOUR and govern your use of the Service, superseding any prior agreements between you and AIMOUR with respect to the Services.

13.4. Choice of law

TThese Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and AiMour agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of AiMour to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of AiMour, but AiMour may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

14. YOUR PRIVACY

At AIMOUR, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

15. QUESTIONS? CONCERNS? SUGGESTIONS?

Please contact us at [email protected] to report any violations of these Terms of Service or to ask us any questions regarding these Terms of Service or our Services.