Website Terms of Use

1. Agreement

These Website Terms of Use (the "Terms") are a binding agreement between you and AI AIDE LLC ("AI AIDE", "we", "us", "our"), a Texas limited liability company. They govern your use of aiaide.io and its subdomains (the "Site") and of any AI AIDE product, service, portal or communication that links to these Terms and has no terms of its own (together with the Site, the "Services"). By using the Services, you agree to these Terms, our Privacy Policy and our Usage Policy. If you do not agree, do not use the Services.

Other terms come first where they apply. Co-Create is governed by the Co-Create Terms of Service. Consulting, automation and AI assistant engagements are governed by our Consulting Services Agreement and the statement of work for each engagement. Text messages are governed by our SMS Terms. If those terms conflict with these, those terms control for that product or engagement.

If you use the Services on behalf of an organization, you confirm you have authority to bind it, and "you" includes it.

2. Eligibility

You must be at least 18 years old and able to form a binding contract. You may not use the Services if you are barred from doing so under the laws of the United States or any other applicable jurisdiction, including sanctions and export control laws.

3. Our content and brand

The Site and everything on it (text, design, graphics, logos, video, software and other material), and the AI AIDE and Co-Create names and logos, are owned by AI AIDE or its licensors and protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to view and use the Site for your personal or internal business purposes. You may not copy, modify, distribute, sell or create derivative works from our content, remove proprietary notices, frame the Site, or use our names or logos without our written permission, except as the law allows (for example, fair use).

4. Acceptable use

You must follow our Usage Policy. In particular, do not interfere with the Site's operation or security, attempt unauthorized access, use automated means to scrape or harvest the Site beyond ordinary search engine indexing, or use the Site to send spam or infringing, unlawful or harmful material.

5. Information you send us

If you send us messages, booking details or other material, you confirm you have the right to do so. If you send feedback or suggestions about our products, we may use them freely and without any obligation to you.

6. Information on the Site

The Site describes our products and services for general information. Descriptions, prices, availability and examples may change without notice and are not an offer unless we say so in writing. Case studies and examples describe particular situations and are not a promise of any result. Nothing on the Site is legal, financial, tax or other professional advice.

7. Third-party links and services

The Site may link to or embed third-party websites and services (for example, booking calendars, app stores and social networks). We do not control them and are not responsible for their content, availability or practices. Your use of them is governed by their terms.

8. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, AI AIDE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY CONTENT, INCLUDING AI-GENERATED CONTENT, IS ACCURATE OR RELIABLE.

9. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) AI AIDE AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, OR COST OF SUBSTITUTE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THEIR POSSIBILITY; AND (B) AI AIDE'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR FIFTY US DOLLARS (US$50). THESE LIMITS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS, SO SOME OF THEM MAY NOT APPLY TO YOU.

10. Indemnity

You will defend, indemnify and hold harmless AI AIDE and its members, managers, employees, contractors and agents from any claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising from your use of the Services, your content or submissions, or your violation of these Terms, any law or the rights of any third party. We may assume control of the defense of any matter, and you will cooperate with us.

11. Suspension and termination

We may suspend or end your access to the Services at any time, with or without notice, if we believe you have violated these Terms or the law, or to protect the Services or others. Sections that by their nature should survive (including Sections 3, 5 and 8 through 14) survive.

12. Dispute resolution and arbitration

12.1 Informal resolution first

Before starting arbitration or a court case, the party with a dispute must send the other a written notice describing it and the relief wanted. Notices to AI AIDE go by email to cyberdesigner@aiaide.io with the subject "Notice of dispute". Notices to you go to the email address we have for you. Include your name, your account email (if any) and enough detail for us to understand the dispute. The parties will try in good faith to resolve the dispute for 60 days after the notice is received, which may include a call if either party asks for one. The time limit in Section 12.9 is paused during those 60 days.

12.2 Binding individual arbitration

If the dispute is not resolved, you and AI AIDE agree that any dispute, claim or controversy arising out of or relating to these Terms, the Services, or our relationship, including its formation, validity or scope and whether a claim is subject to arbitration (each a "Dispute"), will be resolved by final and binding arbitration on an individual basis, except as Section 12.4 provides. The Federal Arbitration Act (9 U.S.C. § 1 and following) governs the interpretation and enforcement of this Section 12.

12.3 How arbitration works

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules if you are an individual using the Services for personal purposes, or its Commercial Arbitration Rules otherwise, in each case as modified by this Section, and before a single arbitrator. The rules are at https://www.adr.org. The arbitration will take place in Dallas County, Texas, or may be conducted by video or on written submissions if the parties agree or the rules allow. Payment of filing, administration and arbitrator fees will be governed by the AAA's rules, and for consumer arbitrations we will pay the costs those rules require businesses to pay. The arbitrator may award the same individual relief a court could, but only to the individual party seeking it and only as needed to resolve that party's individual claim. The arbitrator's decision is final and may be entered in any court with jurisdiction.

12.4 Exceptions

Either party may bring an individual claim in small claims court in Dallas County, Texas, or in the county where you live, if the claim qualifies. Either party may also go to court for an injunction or other equitable relief to stop the infringement or misuse of intellectual property or the unauthorized access to or abuse of the Services, pending arbitration of the underlying Dispute.

12.5 Class action and jury trial waiver

YOU AND AI AIDE EACH AGREE THAT DISPUTES WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING, INCLUDING CLASS ARBITRATION, AND, TO THE EXTENT THE LAW ALLOWS, PRIVATE ATTORNEY GENERAL ACTIONS. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF DIFFERENT PEOPLE OR PRESIDE OVER ANY REPRESENTATIVE PROCEEDING. YOU AND AI AIDE EACH WAIVE THE RIGHT TO A JURY TRIAL.

12.6 Mass arbitration

If 25 or more similar demands for arbitration are filed against AI AIDE by or with the help of the same or coordinated counsel or organizations, the AAA's Mass Arbitration Supplementary Rules will apply, and the parties agree the demands may be administered in batches, with the remaining demands held in abeyance while each batch is resolved, so that the proceedings are efficient and fees are not incurred for demands that are not ready to proceed. The parties will in good faith select bellwether cases to resolve first if either asks. Statutes of limitations are paused for demands held in abeyance. A court will have authority to enforce this Section 12.6 and to enjoin the filing or prosecution of demands that do not comply with it.

12.7 Your right to opt out

You may opt out of this agreement to arbitrate by emailing cyberdesigner@aiaide.io, with the subject "Arbitration opt-out", within 30 days after you first accept these Terms (or, if you accepted an earlier version, within 30 days after this version takes effect). Include your name, the email address you use with us, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms, and it does not affect any arbitration agreement in other terms you have accepted unless you opt out of it too.

12.8 If part of this Section is not enforced

If the class action waiver in Section 12.5 is found unenforceable for a particular claim or request for relief, that claim or request will be severed and decided by a court in Dallas County, Texas, after the individual arbitration of the remaining claims, and will never proceed in class arbitration. If any other part of this Section 12 is found unenforceable, the rest remains in effect. If we change this Section 12, the change will not apply to a Dispute for which a notice was already sent.

12.9 Time limit

To the extent the law allows, any claim relating to these Terms or the Services must be brought within one year after the claim arose, or it is permanently barred.

13. Governing law and courts

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law rules, except that the Federal Arbitration Act governs Section 12. Any Dispute that is not arbitrated will be brought only in the state or federal courts located in Dallas County, Texas, and you and AI AIDE consent to their jurisdiction and venue.

14. General

• Changes. We may update these Terms. We will post the new version with a new effective date and, for material changes, tell registered users by email or through the Services at least 14 days before they take effect. Continued use after that means you accept the changes.
• Electronic communications. You agree that notices, agreements and other communications we provide electronically satisfy any requirement that they be in writing, and that electronic acceptance (including clicking to accept) is as binding as a signature under the E-SIGN Act and the Texas Uniform Electronic Transactions Act.
• Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, including failures of internet, hosting, AI model or other third-party providers, power outages, cyberattacks, natural disasters, war, government action or pandemics.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization or sale of assets, or to an affiliate.
• Entire agreement, severability and waiver. These Terms, with the documents they reference, are the entire agreement about their subject. If a provision is unenforceable, it will be limited to the minimum extent needed and the rest remains in effect. Not enforcing a provision is not a waiver.
• Relationship. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship.
• Export. You will comply with all applicable export control and sanctions laws.
• Notices. Legal notices to AI AIDE must be sent by email to cyberdesigner@aiaide.io and are effective when received. We will acknowledge formal legal notices within five business days.

15. Contact

AI AIDE LLC, Dallas, Texas, USA. Email cyberdesigner@aiaide.io.