1. Parties
This is a legal agreement ("Agreement") between You (the "User") and Aide Aye Applications Inc ("Aide Aye"), for use of any of the web site located at https://aideaye.com (“aideaye.com”), the Aidy Excel Add-in (“Aidy”) available for download at Microsoft AppSource and all the software applications developed, hosted and offered via the Internet by Aide Aye.
Aide Aye is a corporation incorporated in British Columbia Canada.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access the Aide Aye services through your account to these Terms of Use, in which case the terms "You" or "your" shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use aideaye.com and Aidy.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between You and Aide Aye is intended or created by this Agreement.
Aide Aye's relationship to You is that of an independent software developer, and neither You nor AideAye is an agent or a partner of the other. Aide Aye will not have, and will not represent to any third party that it has, any authority to act on your behalf.
2. Recitals
Aide Aye develops and commercializes a consumable machine learning frontend named Aidy. Aidy can be used interactively through an easy-to-use Excel Add-in interface.
Aide Aye provides the aideaye.com web site, Aidy and any other services of Aide Aye subject to these Terms of Use. These Terms and Conditions of Use (the "Terms of Use") apply to aideaye.com and Aidy, all the software applications developed, hosted and offered via the Internet by Aide Aye, and all associated sites linked to aideaye.com by Aide Aye, its subsidiaries and affiliates, including Aide Aye sites around the world. aideaye.com and Aidy are the property of Aide Aye and its licensors.
By creating an account or using aideaye.com and Aidy, you are agreeing to be bound by the Terms of Use. If you do not agree, do not use any of the Aide Aye services.
Aide Aye and the Aidy logo are registered trademarks owned by Aide Aye Applications Inc.
3. aideaye.com and Aidy
Aide Aye makes no promises or guarantees that the Aide Aye services are free of bugs or irregularities.
Aide Aye makes no promises or guarantees as to its continued ability to provide any or all aideaye.com and Aidy and all the current features to the User.
Aidy is a software application that is offered via the Microsoft Excel interface through Internet resources owned and operated by Aide Aye. Aidy provides registered users with automated methods to process datasets, which can be transformed into predictive models, that can then be used to generate predictions for new data instances. You can read more about how Aidy works at https://www.aideaye.com. Aide Aye makes no promises or guarantees as to aideaye.com and Aidy's availability (i.e., uptime), disaster recovery, system performance, and/or scheduled downtimes for maintenance.
4. License
Subject to the terms of this Agreement, Aide Aye hereby grants to the User, during the term of this Agreement, a revocable, royalty-free, non-sublicensable, non-exclusive, non-transferable, limited license to access aideaye.com and Aidy solely for the User's own purposes.
You will make no attempt to, and will not permit your Users or any other third party to make any attempt to:
- Alter, modify, improve, reverse engineer, disassemble, or decompile aideaye.com and Aidy;
- Interfere in any manner with the hosting of the aideaye.com and Aidy associated with them;
- Reproduce, duplicate, or copy any portion of aideaye.com and Aidy, use of aideaye.com and Aidy, or access to aideaye.com and Aidy without the express permission by Aide Aye; or
- Sublicense to or transfer to a third party.
5. Necessary Equipment
The User will be solely responsible, at its own expense, for acquiring, installing, maintaining, and updating all connectivity equipment, hardware, software, ancillary services and other equipment that may be necessary for it and its Users to connect to, access, and use aideaye.com and Aidy including, without limitation, personal computers, routers, hardware, software, broadband / data plans, internet connections, or any local telecommunication services ("Your Equipment").
You shall be responsible for ensuring that Your Equipment or ancillary services are compatible with the Service.
6. Authorized Users and Uses
aideaye.com and Aidy are available only to individuals who have the capacity to form legally binding contracts under the law applicable to these Terms of Use. Furthermore, our services are not available to minors (under 18 years of age). If you do not qualify, you are not permitted to use our services and no contract will be formed between you and Aide Aye. Furthermore, our services are not available to temporarily or indefinitely suspended Aide Aye accounts.
You must be a human to access aideaye.com and Aidy.
You must provide your legal full name, a valid email address, your location of using Aidy and any other information requested in order to complete the signup process. This information shall not be false, inaccurate, misleading, nor shall you impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or anything.
You are solely responsible for safeguarding the password and license key that you use to access aideaye.com and Aidy and for any activities or actions under your password or license key. We encourage you to use "strong" passwords (passwords that use a combination of symbols, numbers, and upper and lower case letters) with your account; and store your license key in a safe place where it can only be accessed by yourself. Aide Aye cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
Every time you make a change in your Aide Aye account (email, password, license key), Aide Aye will send you an email notifying that change. If You receive such email and You did not perform the change, please contact us immediately at aidy@aideaye.com.
You will neither use nor permit others to use your Aide Aye account (a) for any unlawful, invasive, infringing, defamatory, fraudulent, or obscene purpose; (b) to create any virus, worm, Trojan horse, or harmful code; (c) for any illegal or unauthorized purpose; (d) to violate any laws in your jurisdiction (including but not limited to patent, copyright, trademark, or other intellectual property laws); or (e) to alter, steal, corrupt, disable, destroy, trespass, or violate any security or encryption of any computer file, database, or network. If You, or a third party through your Aide Aye account, violates any of the foregoing prohibitions, Aide Aye may immediately suspend the services and/or terminate this
Agreement without further liability or obligation to You. Furthermore, You shall be responsible for all the revenue loss and the cost of any services/actions Aide Aye takes to mitigate any damage caused by such impermissible behavior.
aideaye.com and Aidy are not designed or licensed for use in hazardous environments requiring fail-safe controls, or other mission critical application where human life or property may be at stake including, without limitation: operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and/or life support or weapons systems. You understand that aideaye.com and Aidy are not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which Aide Aye is not responsible.
7. General Conditions
Aide Aye will use reasonable efforts to ensure that aideaye.com and Aidy are available twenty-four hours a day, seven days a week. However, there will be occasions when the services will be interrupted for maintenance, upgrades, emergency repairs, failure of telecommunications systems, equipment failures, acts of god, or other situations. Aide Aye will make reasonable efforts to minimize such disruption where it is within Aide Aye’s reasonable control. You agree that Aide Aye will not be liable in any event to you or any other party for any suspension, modification, discontinuance, lack of availability, or other termination of aideaye.com and Aidy.
You acknowledge and accept that there may be technical downtime with Aide Aye services. Such downtime or errors may prevent your datasets, models or predictions being created, viewed or accessed. Aide Aye shall not be liable if the creation or access to any dataset, model or prediction is delayed, prevented from access or displayed incorrectly by any cause beyond our control including server downtime. Please contact us at aidy@aideaye.com if you want to discuss your specific situation.
You agree that your access and use of aideaye.com and Aidy is at your own risk.
You understand and agree that the services are provided to you on an "AS IS" and "AS AVAILABLE" basis.
Without limiting the foregoing, AIDE AYE MAKES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING OUT OF THIS AGREEMENT.
Aide Aye does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, error-free or virus-free, (iii) the results that obtained from the use of the service will be accurate or reliable, (iv) that the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and/or (v) that any errors in aideaye.com and Aidy will be corrected. Aide Aye disclaims all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of aideaye.com and Aidy. No advice or information, whether oral or written, obtained from Aide Aye or through aideaye.com and Aidy, will create any warranty not expressly made herein.
Aide Aye will not be responsible or liable for any harm to your computer system, loss of data, or other harm of any kind to you, your users or any other third party that results from your access to or use of the services. You agree that Aide Aye has no responsibility or liability to you, your users, or any other third party for the deletion of, or the failure to store or to transmit any Data and/or any other communications maintained by the services, or any partial or inaccurate transmission of Data.
You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of aideaye.com and Aidy.
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of aideaye.com and Aidy, or in any way reproduce or circumvent the navigational structure or presentation of aideaye.com and Aidy, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through aideaye.com and Aidy. Aide Aye reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of aideaye.com and Aidy, or any other systems or networks connected to aideaye.com and Aidy or to any Aide Aye server, or to any of the services offered on or through aideaye.com and Aidy, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of aideaye.com and Aidy or any network connected to aideaye.com and Aidy, nor breach the security or authentication measures on aideaye.com and Aidy or any network connected to aideaye.com and Aidy. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to aideaye.com and Aidy, or any other customer of Aide Aye, including any Aide Aye account not owned by you, to its source, or exploit aideaye.com and Aidy or any service or information made available or offered by or through aideaye.com and Aidy, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by aideaye.com and Aidy.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of aideaye.com and Aidy or Aide Aye's systems or networks, or any systems or networks connected to aideaye.com and Aidy or to Aide Aye.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of aideaye.com and Aidy or any transaction being conducted on aideaye.com and Aidy, or with any other person’s use of aideaye.com and Aidy.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to aideaye.com and Aidy or any service offered on or through aideaye.com and Aidy. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
If You have not used your Aide Aye account in the last twelve (12) months to create new datasets or models or make predictions, Aide Aye reserves the right to suspend your account and delete all your datasets. All the models and generated predictions will remain in the Aide Aye systems until you delete them or your account is canceled or terminated.
Aide Aye reserves the right at any time to suspend temporarily or permanently your Aide Aye account with or without notice.
8. Your Data
You understand that all data that you input, post, transmit, stream or upload to aideaye.com and Aidy are your sole responsibility. This means that You, and not Aide Aye, are entirely responsible for all Data that You input, upload, post, stream, transmit or otherwise make available via Your Account. Aide Aye does not control the Data analyzed or modeled via aideaye.com and Aidy and, as such, does not guarantee the confidentiality, accuracy, integrity or quality of such Data.
If your Data contains personal data of EU data subjects, you must ensure that it is compliant with the General Data Protection Regulation (GDPR), the latest European privacy law that becomes enforceable on May 25, 2018. Any information related to an identified or identifiable natural person (“data subject”) is considered personal data. If the information does not involve data subjects, for example, equipment maintenance or trading data, it is not subject to the GDPR. Among other restrictions, the law states the individuals must give explicit consent to make use of their data and this data should be stored for an adequate and limited time as long as it is necessary for a relevant purpose. Aide Aye is not responsible if your Data is not compliant with this regulation.
To use the Aide Aye services, You must be the owner, have the rights to use the data, or use public data for all datasets that you create within Aide Aye.
Your datasets cannot be obtained by fraud, involve the use of counterfeit or stolen data, or have been obtained by other unlawful or morally repugnant method.
Your datasets cannot infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or privacy laws. Your datasets cannot violate any law, statute, ordinance or regulation (including without limitation those governing export control or consumer protection).
Your datasets cannot create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
You understand and agree that Aide Aye cannot be responsible for the data You input, post, transmit, stream, upload to aideaye.com and Aidy.
Your data is considered confidential information by Aide Aye as set forth in our Privacy Policy, incorporated herein for your reference. Notwithstanding the foregoing, a party receiving confidential information will not be in violation of this agreement regarding a disclosure that was in response to a valid order by a court or other governmental body nor will Aide Aye be in violation if it discovers that the User intends to use Aide Aye services to further an impermissible purpose or to commit or plan a crime.
If you find or detect a problem in the way aideaye.com and Aidy process or analyze your data and you want Aide Aye to analyze the problem, you must grant Aide Aye a temporary authorization to inspect your data. Only then can authorized Aide Aye personnel have momentary direct access to your data.
9. Your Aide Aye Resources
As between the parties, You retain all right, title, and interest in Your Equipment and any data you input into aideaye.com and Aidy.
Aide Aye resources (datasets, models, etc.) that Aidy creates using your data are also owned by You and considered confidential by Aide Aye as per our privacy policy.
If you use public data or public datasets as input to create your models you understand that many other Aide Aye users might create identical datasets or models to yours.
If you have not used your Aide Aye resources in the last 12 months, Aide Aye reserves the right to delete them out of our systems as set forth in this Agreement.
You can share your Resources in Aide Aye with other Aidy users at your own discretion.
10. Blind Meta Data Collection
Aide Aye retains the right to use data capture and analysis tools to extract, compile, synthesize, and analyze any non-personally identifiable data or information resulting from the User's use of aideaye.com and Aidy ("Blind Meta Data"). To the extent that any Blind Meta Data are collected by Aide Aye, that Blind Meta Data will be solely owned by Aide Aye and may be used by Aide Aye for any lawful business purpose without a duty of accounting to You if the Blind Meta Data are used only in an aggregated form without specifically identifying the source of the Blind Meta Data.
Aide Aye retains the right to access and use Blind Meta Data generated during the creation of your datasets, transformations, models, evaluations and predictions. These data are collected for the purpose of improving our services over time. For example, we measure how much time tasks take, the size of data that you use, the type of each attribute in your dataset, the performance of the models generated.
Aide Aye does not inspect or access any detail of your datasets, transformations, models, evaluations or predictions.
Aide Aye does not disclose or distribute any data to a third party or use any such data for marketing purposes. Please read our Privacy Policy for more details.
11. Subscriptions
Aide Aye users have the option of purchasing a subscription of Aidy.
These subscriptions are sized and priced at the discretion of Aide Aye, and may change from time to time.
To initiate a subscription you must enter a valid debit or credit card.
When you confirm your subscription on Aide Aye, you agree to be bound by and pay for that purchase.
Following the end of your subscription period, your subscription will be automatically renewed unless you disable the auto-renew function in Aidy. The renewal will base on the latest pricing and payment terms at the time of your renewal.
You may upgrade your subscription at any time through the self-serve functions in Aidy.
When you upgrade your subscription, the new subscription plan becomes effective immediately and you are invoiced at the price of your new subscription plan offset by the unused, prorated amount of your old subscription plan. The subscription expiry date will be redetermined based on a new subscription duration.
You cannot downgrade your subscription at any time. You can subscribe to another subscription plan after your current subscription expires.
You may disable the auto-renew function of your subscription at any time; your subscription will expire at the end of the current subscription period.
You cannot cancel your subscription at any time. You may disable the auto-renew function of your subscription and your subscription will expire at the end of the current subscription period.
For users in Canada, federal and applicable provincial taxes will be applied when You purchase a subscription of Aidy. For users outside Canada, all fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
If you believe that Aide Aye has charged you in error, you must contact Aide Aye within 90 days of such charge. No refunds will be given for any charges, which are more than 90 days old.
If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.
We never store or have access to your full card number or CVC. Our debit and credit card processing is handed off to Stripe, Inc ("Stripe"). Stripe has been certified to PCI Service Provider Level 1, the most stringent level of certification available.
Aide Aye stores your payment information for the auto-renew function of subscription and only stores the card type, the last 4 digits and the cardholder’s name of your card. In this case, Stripe, Inc will save your full payment information for your future purchases with Aide Aye.
We keep your payment information (card type, last 4 digits and cardholder’s name of your card) confidential and only use it in connection with aideaye.com and Aidy.
Once you decide to delete a payment method or you delete your account, Aide Aye deletes such
information out of its systems and also requests Stripe to delete all your information.
If your subscription is expired, Aide Aye will maintain all resources that were generated by your subscription. Aide Aye retains the right to delete any resources generated by a subscription that have not been updated within 12 months.
12. Tokens
Different amounts of tokens are included in different subscription plans. Tokens are to be consumed for the running of Aidy tasks (e.g. Import Dataset, Build Model, etc.).
The amount of tokens is refreshed monthly on the date of the starting of your subscription.
Unconsumed tokens will not be carried over to the next month or refunded and will be forfeited.
The consumption of tokens per task is calculated according to the computing power, computing time and other computing resources consumed to perform the task. The exact calculation of token consumption and the unit price of token are determined at the discretion of Aidy Aye, and may change from time to time.
13. Invoices
Aide Aye will send you an invoice to the email account you have provided for each purchase. You may keep your invoices if you wish to access your previous invoices in the future.
All tax charges breakdown is included in the invoices. You are responsible for your own calculation and filing of your tax information.
14. Ownership
You retain all right, title, and interest in and to any User Equipment and data that you input.
All right, title, and interest in and to aideaye.com and Aidy, (excluding Data provided by you) are and will remain the exclusive property of Aide Aye and its licensors. aideaye.com and Aidy are protected by copyright, trademark, and other laws of both the Canada and foreign countries. Nothing in the Terms of Use gives you a right to use the Aide Aye or Aidy name or any of the Aide Aye or Aidy trademarks, logos, domain names, and other distinctive brand features.
Aide Aye retains all right, title, and interest in and to all software, materials, Blind Meta Data and Aide Aye proprietary information and technology used by Aide Aye, or provided to You, in connection with aideaye.com and Aidy, including without limitation the applications, documentation, and any and all improvements, updates, and modifications to them, and including all Intellectual Property Rights to them. Aide Aye reserves any rights or licenses not expressly granted to You under this Agreement.
Intellectual Property: You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyrights, rights in databases, trademarks and trade names whether registered or unregistered and subsisting anywhere in the World) in aideaye.com and Aidy belongs to Aide Aye or its third party licensors. Accordingly, any part of aideaye.com and Aidy (or its source HTML or any other code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing aideaye.com and Aidy, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content in connection with the services.
Patents: One or more patents owned by Aide Aye Applications Inc. or its affiliates may apply to aideaye.com and Aidy and to the features and services accessible via Aidy.
Trademarks: Aide Aye or Aidy is a trademark. It may not be used in connection with any product or service that is not Aide Aye's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Aide Aye. All other trademarks not owned by Aide Aye that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Aide Aye.
Copyright: All content included on the Aide Aye services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Aide Aye or its content suppliers and protected by Canada and international copyright laws. The compilation of all content on aideaye.com and Aidy is the exclusive property of Aide Aye and protected by Canada and international copyright laws. All software used on the aideaye.com and Aidy is the property of Aide Aye or its software suppliers and protected by Canada and international copyright laws.
Feedback and Information: Any feedback, comments, or suggestions you may provide regarding Aide Aye, or the services is entirely voluntary and shall be deemed to be non-confidential. Aide Aye shall be free to use such feedback, comments or suggestions on an unrestricted basis and as we see fit without any obligation to you.
15. Privacy & Security
Your privacy and the protection of your data are very important to us. We recommend you review our Privacy Policy here, which will help you understand how we collect, use and safeguard the information you provide to us.
The best security practices drive everything we do. If you have any questions, or encounter any issues, please contact us at aidy@aideaye.com.
16. Cancellation, Termination or Modification
The Terms of Use is effective immediately upon creation of an Aide Aye account or any use of aideaye.com and Aidy and will remain effective until the Termination of your subscription or free trial, i.e. either your subscription expires or Aide Aye terminates your account as set forth in this Agreement.
You can delete your account and all its associated data at any time by contacting us through the registered email address when you register your account.
All of your data will be immediately deleted from aideaye.com and Aidy upon termination. This information cannot be recovered once your account is terminated.
Termination of Aidy subscription will result in the deletion of your Account and all Data.
Aide Aye reserves the right to refuse service to anyone for any reason at any time. Aide Aye, in its sole discretion, retains the right to suspend or terminate your account and/or refuse any and all current or future use of aideaye.com and Aidy, for any reason at any time. Without limiting other remedies, Aide Aye may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your account and/or refuse to provide the services to You with no refund, if:
- You breach any of the Terms of Use;
- Aide Aye is unable to verify or authenticate any information you provide to us to create your Aide Aye account; and/or
- Aide Aye believes that your actions are impermissible or may create legal liability for us.
Termination of aideaye.com and Aidy for these circumstances results in the deletion of your Account and all your Data.
Abuse or excessively frequent requests to aideaye.com and Aidy may result in the temporary or permanent suspension of your Aide Aye accounts. Aide Aye, in its sole discretion, will determine abuse or excessive usage. Aide Aye will make a reasonable attempt via email to warn the account owner prior to suspension.
Aide Aye reserves the right at any time to modify or discontinue, temporarily or permanently, your access to Aidy (or any part thereof) with or without notice.
Aide Aye may change, suspend or discontinue aideaye.com and Aidy totally or partially for any reason, at any time, including the availability of any feature. Aide Aye may also impose limits on certain features and services or restrict your access to parts or all of aideaye.com and Aidy without notice or liability.
If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Aide Aye) of other Aide Aye customers, we reserve the right to immediately throttle your access until you can reduce your bandwidth consumption.
If you have not subscribed to any paid services in the last 12 months, Aide Aye reserves the right to terminate your account and delete them out of our systems.
Except for the aforementioned circumstances, Aide Aye will not delete your models or predictions until you delete them, your Aide Aye account expired or it is terminated by Aide Aye.
Unless earlier terminated as provided above, this Agreement will remain in effect until terminated.
17. Limitation of Liability
Aide Aye will not be liable for special, incidental, direct, or consequential damages arising out of or in connection with this Agreement, including, but not limited to, interrupted communications, lost data, or lost profits, even if Aide Aye has been advised of the possibility of such damages, and notwithstanding the failure of the essential purpose of any limited remedy in this Agreement.
Aide Aye aggregate liability arising out of your use of aideaye.com and Aidy will not exceed one fourth of your current active subscription amount you have paid us.
You expressly understand and agree that Aide Aye shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Aide Aye has been advised of the possibility of such damages), resulting from your use of the Aidy.
18. Hold Harmless and Indemnity
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Aide Aye, and its employees, officers, agents, or other partners from and against any third party claim arising from or in any way related to your use of aideaye.com and Aidy, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature including but not limited to any liability arising from or resulting by your data imputed into Aide Aye including infringement of intellectual property laws or civil or criminal claims. Aide Aye shall use good faith efforts to provide you with written notice of such claim, suit or action. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other province or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
You acknowledge that you will be solely and fully responsible for all liabilities incurred through the use of Aidy. You will defend, indemnify, and hold Aide Aye, its employees, officers, agents, or other partners from and against any third-party claims arising from or in any way related to any use of Aidy, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. If anyone brings a claim against Aide Aye related to your actions, Data or information on Aide Aye, you will indemnify and hold Aide Aye harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
19. Assignment
You will not transfer any of your rights or obligations under the Terms of Use to anyone else without Aide Aye's written consent. Any purported attempt to do so without that consent is null and void.
All of our rights and obligations under the Terms of Use are freely assignable by Aide Aye in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
20. Notices and Electronic Notices
All notices, consents, or approvals required or permitted by this Agreement shall be in writing and shall be deemed effective upon you received a receipt, sent by Aide Aye.
All notices, consents, or approvals required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, by you when sent by Aide Aye to the email address you provide.
When you visit aideaye.com or download Aidy or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
21. General Provisions
All waivers must be in writing. The failure of Aide Aye to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision or any other right or provision on any other occasion.
If any provision of this Agreement is unenforceable, that provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
This Agreement is immediately executed as soon as you use aideaye.com and Aidy.
The laws of your country may be different from those of British Columbia and Canada in numerous respects. There is no practical way for Aide Aye to monitor the laws of every jurisdiction and country in detail. You accept sole responsibility for the legality of your actions under laws applying to you.
Aide Aye's relationship to you is that of an independent software developer, and neither party is an agent or a partner of the other. You will not have and will not represent to any third party that you have authority to act on behalf of Aide Aye.
Any preprinted terms on your purchase order are expressly rejected by Aide Aye and will be given no force or effect.
This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia Canada, without regard to British Columbia's conflict-of-laws principles. The parties expressly disclaim the United Nations Convention on Contracts for the International Sale of Goods, and the provisions thereof will not govern this Agreement. The parties agree that any claim asserted in any legal proceeding by one party against the other will be commenced and maintained exclusively in the courts of British Columbia. Both parties hereby submit to the jurisdiction of such courts over each of them personally in connection with such litigation, and waive any objection to venue in such courts and any claim that such forum is an inconvenient forum.
22. Special Provisions Applicable to Users Outside Canada or the United States
You consent to having your personal data transferred to and processed in Canada or the United States.
If you are located in a country embargoed by Canada or the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you are not allowed to create an Aide Aye Account, use aideaye.com or Aidy.
23. Miscellaneous
Aidy is not a digital storage nor a backup service. So please do not use Aidy for storing or backing up your data. Make sure that you keep a copy of your original data elsewhere.
FINAL REMARKS
This Agreement constitutes the entire agreement between you and Aide Aye and governs your use of aideaye.com and Aidy, superseding any prior agreements or contemporaneous agreements between you and Aide Aye.
Unless explicitly stated otherwise, any new features that augment or enhance the current aideaye.com and Aidy, including the release of new tools and resources, shall be subject to the Terms of Use.
Aide Aye reserves the right, at its sole discretion, to change, modify, add or remove portions of this Agreement, at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of aideaye.com and Aidy following the posting of changes will mean that you accept and agree to the changes. If you do not agree to the new terms, please stop using aideaye.com and Aidy.
Violation of any of the terms above will result in the termination of your Aide Aye Account.
Questions about the Terms of Use should be sent to aidy@aideaye.com.