Terms of Service

May, 2020

Welcome to the Aiqudo website (a product by Aiqudo, Inc.) located at www.aiqudo.com (“Site”). Please read these Terms of Service (“Terms”) and our Privacy Policy (at www.aiqudo.com/privacy) carefully because they govern your use of our Site and our services providing you the functionality of aggregating relevant content through our interactive platform accessible via our Site, our SDKs and our mobile device application (“App”). To make these Terms easier to read, the Site, SDKs, the App, and our services are collectively called the “Services.”

Agreement to Terms

By using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you don’t agree to these Terms and our Privacy Policy, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

Changes to Terms or Services

We may modify the Terms at any time, at our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Services or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Who May Use the Services

Eligibility

You may use the Services only if you are 13 years or older and capable of forming a binding contract with Aiqudo, Inc. and are not barred from using the Services under applicable law.

Third Party Accounts

In order to use certain optional functionality within the Services, you may be required to provide your account login information for certain third party accounts when prompted (such as Google, Slack, Teams, and others) (each, a “Third Party Account”). By providing your Third Party Account information, we can link your use of the Services with such Third Party Accounts and can then provide greater functionality within the App or SDKs.  Your private account credentials are not stored by Aiqudo.

Content and Content Rights

For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services. “User Content” means all data and Content generated, submitted or made available by you to the Services, including without limitation, all data and information gathered from your Third Party Accounts to which you have granted us access.

Content Ownership, Responsibility and Removal

Aiqudo does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Aiqudo and its licensors exclusively own all rights, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in Your User Content Granted by You

By making any User Content available through Services you hereby grant to Aiqudo, Inc. a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, display and perform your User Content solely in connection with operating and providing the Services to you and to those who you may choose to share the Services with. We don’t verify, control or endorse the Content that you and others make available on the Service. We provide functionality that allows you to control who may access your Content. You may enable the features that allow you to share your selected User Content with anyone you select. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Aiqudo, Inc. on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity, privacy or confidentiality, or result in the violation of any applicable law or regulation.

Rights in Services and Content Granted by Aiqudo, Inc.

Subject to your compliance with these Terms, Aiqudo, Inc. will make the Services available to you solely for your personal use or for your internal business purposes. Subject to your compliance with these Terms, Aiqudo, Inc. grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

Rights and Terms for Apps

Rights in App Granted by Aiqudo, Inc.

Subject to your compliance with these Terms, Aiqudo, Inc. grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Aiqudo, Inc. reserves all rights in and to the App not expressly granted to you under these Terms.

Additional Terms for App Store Apps

If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.

If you accessed or downloaded the App from any app store or distribution platform (like the Apple Store or Google Play) (each, an “App Provider”), then you acknowledge and agree that:

  • These Terms are concluded between you and Aiqudo, Inc., and not with App Provider, and that, as between Aiqudo, Inc. and the App Provider, Aiqudo, Inc., is solely responsible for the App.
  • App Provider has no obligation to furnish any maintenance and support services with respect to the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Aiqudo, Inc..
  • App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Aiqudo, Inc. will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  • App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
  • You must also comply with all applicable third-party terms of service when using the App.
  • You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

General Prohibitions and Aiqudo, Inc’s Enforcement Rights

You agree not to do any of the following:

  • Use, display, mirror or frame the Services or any individual element within the Services, Aiqudo, Inc’s name, any Aiqudo, Inc. trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Aiqudo, Inc’s express written consent;
  • Attempt to probe, scan or test the vulnerability of any Aiqudo, Inc. system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Aiqudo, Inc. or any of Aiqudo, Inc’s providers or any other third party (including another user) to protect the Services or Content;
  • Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Aiqudo, Inc. or other generally available third-party web browsers;
  • Use any meta tags or other hidden text or metadata utilizing a Aiqudo, Inc. trademark, logo URL or product name without Aiqudo, Inc’s express written consent;
  • Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [support@aiqudo.com]. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.