Terms of Service

1. 1. Our Services
2. 2. Intellectual Property Rights
3. 3. User Representations
4. 4. User Registration
5. 5. Purchases and Payment
6. 6. Subscriptions
7. 7. Software
8. 8. Prohibited Activities
9. 9. User Generated Contributions
10. 10. Contribution License
11. 11. Guidelines for Reviews
12. 12. Mobile Application License
13. 13. Social Media
14. 14. Third-Party Websites and Content
15. 15. Advertisers
16. 16. Services Management
17. 17. Privacy Policy
18. 18. Copyright Infringements
19. 19. Term and Termination
20. 20. Modifications and Interruptions
21. 21. Governing Law
22. 22. Dispute Resolution
23. 23. Corrections
24. 24. Disclaimer
25. 25. Limitations of Liability
26. 26. Indemnification
27. 27. User Data
28. 28. Electronic Communications, Transactions, and Signatures
29. 29. SMS Text Messaging
30. 30. California Users and Residents
31. 31. Disclaimer for Third-Party AI/ML Model Usage
32. 32. Miscellaneous
33. 33. Contact Us

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. The Services are not tailored to comply with industry-specific regulations (HIPAA, FISMA, etc.). If your interactions would be subject to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as all trademarks, service marks, and logos (the "Marks"). Our Content and Marks are protected by copyright and trademark laws and treaties worldwide. Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose. Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. We shall own the Submission and be entitled to its unrestricted use and dissemination for any lawful purpose. Contributions: The Services may invite you to post or broadcast content and materials to us or through the Services. By posting Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to use, copy, reproduce, distribute, sell, publish, broadcast, translate, and exploit your Contributions for any purpose, commercial or otherwise. You are solely responsible for your Submissions and Contributions, and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of these terms, any third party's intellectual property rights, or applicable law.

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

We accept the following forms of payment: Visa, Mastercard, American Express, Discover, PayPal, Stripe, Plaid, and Solana. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars. You authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to refuse any order placed through the Services, and to limit or cancel quantities purchased per person, per household, or per order.

Billing and Renewal: Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel. Cancellation: You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have questions or are unsatisfied with our Services, please email us at legal@aphid.com. Fee Changes: We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If not accompanied by a EULA, we grant you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our Services. Any software and related documentation is provided "AS IS" without warranty of any kind. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree NOT to: • Systematically retrieve data to create a collection, compilation, database, or directory without written permission • Trick, defraud, or mislead us and other users, especially to learn sensitive account information • Circumvent, disable, or otherwise interfere with security-related features of the Services • Disparage, tarnish, or otherwise harm us and/or the Services • Use any information obtained from the Services to harass, abuse, or harm another person • Make improper use of our support services or submit false reports of abuse or misconduct • Use the Services in a manner inconsistent with any applicable laws or regulations • Engage in unauthorized framing of or linking to the Services • Upload or transmit viruses, Trojan horses, or other malicious material • Engage in any automated use of the system, including data mining or scraping scripts • Delete the copyright or other proprietary rights notice from any Content • Attempt to impersonate another user or person or use the username of another user • Interfere with, disrupt, or create an undue burden on the Services or the networks • Harass, annoy, intimidate, or threaten any of our employees or agents • Attempt to bypass any measures of the Services designed to prevent or restrict access • Copy or adapt the Services' software, including Flash, PHP, HTML, JavaScript, or other code • Decipher, decompile, disassemble, or reverse engineer any of the software comprising the Services • Use, launch, develop, or distribute any automated system including spiders, robots, scrapers, or offline readers • Use the Services as part of any effort to compete with us or for any revenue-generating commercial enterprise • Sell or otherwise transfer your profile

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality. Any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you represent and warrant that: • Your Contributions do not infringe any proprietary rights, including copyright, patent, trademark, trade secret, or moral rights of any third party • You are the creator and owner of or have the necessary licenses and permissions for your Contributions • Your Contributions are not false, inaccurate, or misleading • Your Contributions are not unsolicited advertising, spam, pyramid schemes, or chain letters • Your Contributions are not obscene, violent, harassing, libelous, slanderous, or otherwise objectionable • Your Contributions do not violate any applicable law, regulation, or rule • Your Contributions do not violate the privacy or publicity rights of any third party • Your Contributions do not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap

By posting your Contributions to any part of the Services, you automatically grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions for any purpose, commercial, advertising, or otherwise. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights associated with them. We are not liable for any statements or representations in your Contributions provided by you on the Services.

When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references; (4) your reviews should not reference illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make conclusions as to the legality of conduct; (7) you may not post false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews. We may accept, reject, or remove reviews in our sole discretion. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners.

If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you. You shall not: (1) decompile, reverse engineer, disassemble, or decrypt the App; (2) make any modification, adaptation, improvement, or derivative work from the App; (3) violate any applicable laws in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice; (5) use the App for any revenue-generating endeavor not designed or intended; (6) make the App available over a network permitting access by multiple devices or users; (7) use the App to create a product competitive with or substituting for the App; or (8) send automated queries or unsolicited commercial email. Apple and Android Devices: When using the App obtained from the Apple Store or Google Play, the license is limited to use on devices utilizing Apple iOS or Android operating systems in accordance with the applicable App Distributor's terms of service.

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers ("Third-Party Accounts"). By granting us access to any Third-Party Accounts, you understand that we may access, make available, and store any content that you have provided to and stored in your Third-Party Account so that it is available on and through the Services via your account. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. Your relationship with the third-party service providers is governed solely by your agreement(s) with such third-party service providers.

The Services may contain links to third-party websites and content not affiliated with us. Such Third-Party Websites and Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content available through the Services. Inclusion of a link towards a third-party website does not imply approval or endorsement thereof by us. Any purchases you make through Third-Party Websites are exclusively between you and the applicable third party.

We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements and have no other relationship with advertisers.

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof; (4) remove from the Services or otherwise disable all files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property.

We care about data privacy and security. Please review our Privacy Policy at aphid.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region with laws governing personal data collection, use, or disclosure that differ from applicable US laws, through your continued use of the Services, you are transferring your data to the United States and expressly consenting to have your data transferred to and processed in the United States.

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification.

These Legal Terms shall remain in full force and effect while you use the Services. WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. We reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance.

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Michigan applicable to agreements made and to be entirely performed within the State of Michigan, without regard to its conflict of law principles.

Informal Negotiations: The Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. Binding Arbitration: If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will take place in Wayne County, Michigan. Restrictions: Any arbitration shall be limited to the Dispute between the Parties individually. There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures. Exceptions to Arbitration: The following Disputes are not subject to informal negotiations or binding arbitration: (a) disputes seeking to enforce or protect any intellectual property rights of a Party; (b) disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. In no event shall any Dispute be commenced more than one (1) year after the cause of action arose.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, UNAUTHORIZED ACCESS TO OUR SECURE SERVERS, ANY INTERRUPTION OR CESSATION OF TRANSMISSION, ANY BUGS, VIRUSES, OR TROJAN HORSES TRANSMITTED BY ANY THIRD PARTY, OR ANY ERRORS OR OMISSIONS IN ANY CONTENT.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $10,000.00 USD.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties; (5) your violation of the rights of a third party, including intellectual property rights; or (6) any overt harmful act toward any other user of the Services.

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption.

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

By opting into any Twilio text messaging program, you expressly consent to receive text messages (SMS) to your mobile number. Twilio text messages may include: account alerts, marketing communications, order updates, responses to inquiries, and special offers. Opting Out: If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP." You may receive an SMS message confirming your opt out. Message and Data Rates: Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan. Support: If you have any questions or need assistance regarding our SMS communications, please email us at legal@aphid.com.

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

This service utilizes third-party artificial intelligence (AI), machine learning (ML), and deep learning models. By using this service, you acknowledge and agree to the following: No Warranty or Guarantee: The AI/ML/deep learning models integrated into this service are provided "as is" without any warranties, express or implied. We do not guarantee the accuracy, completeness, or reliability of outputs generated by these models; that the models will be error-free or operate without interruption; that the results will meet your specific requirements; or the suitability of outputs for any particular purpose. Limitations and Risks: AI models may produce inaccurate, incomplete, biased, or misleading information. Third-party models may contain inherent biases present in their training data. Outputs from AI models do not constitute professional advice (legal, medical, financial, or otherwise) and should not be used as a substitute for consultation with qualified professionals. Data and Privacy: Third-party model providers may process input data according to their own privacy policies and terms of service. Sensitive, confidential, or personally identifiable information should not be submitted without proper safeguards. Intellectual Property: Outputs generated by AI models may not be eligible for copyright protection or may have uncertain intellectual property status. Users are responsible for ensuring their use of AI-generated content complies with applicable intellectual property laws. User Responsibilities: Users agree to use AI/ML features responsibly and in compliance with all applicable laws and regulations, and not to use models for unlawful, harmful, or malicious purposes.

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: Aphid AI, Inc 333 Washington Blvd #229 Marina Del Rey, CA 90292 United States Email: legal@aphid.com