BFCM Offer
Terms of Service
Last Updated: 1/11/2024
1.Introduction
Welcome to Aimerce Inc. ("Company", "we", "our", "us")!
These Terms of Service ("Terms", "Terms of Service") govern your use of our website (https://aimerce.ai/) and associated mobile application(s) ("Service") operated by Aimerce Inc., a Delaware corporation.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information that results from your use of our web pages. Your agreement with us includes these Terms and our Privacy Policy ("Agreements"). You acknowledge that you have read and understood the Agreements, and agree to be bound by them.
If you do not agree with (or cannot comply with) the Agreements, then you may not use the Service, but please let us know by emailing at support@aimerce.ai so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use the Service.
2.Communications
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
3.Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and (ii) the information you supply to us is true, correct, and complete.
We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.
4.Subscriptions and Credits
Some parts of our Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Aimerce Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Aimerce Inc. customer support team at support@aimerce.ai.
Additionally, we offer one-off payments for purchasing credits which can be used within our Service. These credits are subject to the terms and conditions as outlined in this agreement.
5.Content
Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.
You retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.
6.Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
(a) In any way that violates any applicable national, federal, state, local, or international law or regulation.
(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
(c) To send, knowingly receive, upload, download, use, or re-use any material which does not comply with the Content standards set out in these Terms of Service. (d) To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation. (e) To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
(f) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Service, or which, as determined by us, may harm the Company or users of Service or expose them to liability.
Additionally, you agree not to:
(g) Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service, including their ability to engage in real-time activities through the Service.
(h) Use any robot, spider, or other automatic devices, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
(i) Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
(j) Use any device, software, or routine that interferes with the proper working of the Service.
(k) Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
(l) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
(m) Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
(n) Otherwise attempt to interfere with the proper working of the Service.
7.Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
8.No Use By Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
9.Intellectual Property
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Aimerce Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks, trade dress, and other intellectual property may not be used in connection with any product or service without the prior written consent of Aimerce Inc.
10.Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Aimerce Inc. Aimerce Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
11.Disclaimer Of Warranty
These Services are provided by Aimerce Inc. on an “AS IS” and “AS AVAILABLE” basis. Aimerce Inc. makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content, or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.
12.Limitation Of Liability
Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this Agreement, including without limitation any claim for personal injury or property damage, arising from this Agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if Company has been previously advised of the possibility of such damage.
13.Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
14.Indemnification
You agree to defend, indemnify, and hold harmless Aimerce Inc. and its licensee and licensors, 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), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
15.Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
16.Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
17.Amendments to Terms
We may amend Terms at any time by posting the amended terms on the Service. It is your responsibility to review these Terms periodically.
18.Waiver and Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
19.Acknowledgement
By using service, or other services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.
20.Contact Us
If you have any questions about these Terms, please contact us at support@aimerce.ai.