Terms of Service
Last Modified: March 13, 2020
1. Acceptance of Terms and Description of Services:
AiMi provides dynamic electronic music (the “Content”) that adapts to you and your surroundings (the “Services”) that you can access through AiMi’s mobile application (the “App”). Aimi also provides a website, which is accessible at http://aimi.fm/ (the “Site”). By accessing or using the App, Site or the Service, you agree to be bound by these Terms.
In order to use our Service and access any Content, you need to (1) be 18 years, and (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. Our App, Site, Services, and Content are available where every allowed by applicable law. You undertake that any registration information that you submit to AiMi is true, accurate, and complete, and you agree to keep it that way at all times.
2. Modification to the Terms:
AiMi may need to modify the Terms and we encourage you to review these Terms regularly. Any changes or modifications will be effective immediately upon posting the revisions to the App and the Site and you will be bound by the revised Terms. If material changes to these Terms are made, AiMi will notify you by posting a notice on the App, the Site or by sending you notice by email to the address registered with your User Account (defined below). We will also indicate at the top of this page when these Terms were last updated. Your continued use of the App, Site, Content or the Service means that you accept all modified Terms.
3. Use of Service:
Service and Content: The Service and the Content are the property of AiMi or AiMi’s licensors. We grant you limited, non-exclusive, revocable permission to make use of the Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or AiMi. You promise and agree that you are using the Service and Content for your own personal, non-commercial use and that you will not redistribute, assign, or transfer the Service or the Content.
AiMi software applications and the Content are not sold or transferred to you, and AiMi and its licensors retain ownership of all copies of the AiMi software applications and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices now currently known (“Devices”).
All AiMi trademarks, service marks, trade names, logos, domain names, and any other features of the AiMi brand (“AiMi Brand Features”) are the sole property of AiMi or its licensors. The Agreement does not grant you any rights to use any AiMi Brand Features whether for commercial or non-commercial use.
You agree to abide by our User Responsibilities (as stated in Section 4) and not to use the Service, the Content, or any part thereof in any manner not expressly permitted by the Agreement. Except for the rights expressly granted to you in the Agreement, AiMi grants no right, title, or interest to you in the Service or Content.
Third party software (for example, open source software libraries) included in the Service are made available to you under the relevant third party software library’s license terms as published in the help or settings section of our desktop and mobile client and/or on our website.
In order to access our Services and Content, you are required to establish an account (the “User Account”). We currently offer our Service in two paid categories – (a) Basic Service and (b) Premium Service. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.
5. Payments and Cancellations:
Billing: You may purchase the Basic Service or the Premium Service directly from AiMi either by paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase. AiMi may change the price for the Basic Service and/or the Premium Service, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Service prior to the price change going into effect.
Renewal; Cancellation: Your payment to AiMi for the Basic Service or Premium Service will automatically renew at the end of the applicable subscription period, unless you cancel your Service before the end of the then-current subscription period by clicking here. The cancellation will take effect the day after the last day of the current subscription period. We do not provide refunds or credits for any partial subscription periods.
6. User Responsibilities:
You alone are responsible for your conduct on AiMi. While using the App, Site, Content, and Service, you are part of a unique online community. To keep the App, Site, Content, and Service safe and accessible for all users, you agree to respect the rights of other users of the community, including as described in these Terms. To protect our users from Prohibited Activity, as described below, AiMi reserves the right to take appropriate actions, including by restricting the frequency of communications a user may send in a certain time period, or reviewing, editing, or removing user content which in our sole and absolute judgment violates any of these Terms. To protect the integrity of the Site and Service, AiMi reserves the right to block users from certain IP addresses from accessing the Site for any violation of these Terms.
“Prohibited Activities” means each and every prohibited action set forth in this section. To keep the Site and Service safe and accessible, in connection with the Site and the Service, you shall not:
Encourage or facilitate any violation of these Terms.
Harm AiMi or anyone else.
Interfere with the App, Site, Content, or the Service.
Use the App, Site, Content, or the Service in any manner that violates any law.
Engage in any unlawful, misleading, malicious, or discriminatory activity.
Copy, redistribution, reproduce, “rip,” transfer, perform, or display to the public, broadcast, or make available to the public any part of the Service or the Content, or otherwise making any use of the Service or the Content which is not expressly permitted under the Agreement or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Service or the Content or any part of it.
Use the Service to import or copy any local files that you do not have the legal right to import or copy.
Transfer copies of cached Content from an authorized Device to any other Device via any means.
Reverse-engineer, decompile, disassemble, modify, or create derivative works of the Service, Content or any part thereof except to the extent permitted by applicable law.
Circumvent any technology used by AiMi, its licensors, or any third party to protect the Content or the Service.
Sell, rent, sublicense or lease of any part of the Service or the Content.
Circumvent any territorial restrictions applied by AiMi or it licensors.
Artificially increase play counts for the loops, follow counts or otherwise manipulating the Service by (i) using any bot, script or other automated process, (ii) providing or accepting any form of compensation (financial or otherwise), or (iii) any other means.
Remove or alter any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content).
Circumvent or block advertisements in the Service, or creating or distributing tools designed to block advertisements in the Service, the App or the Site.
Provide your password or User Account information to any other person or using any other person’s username and password.
“Crawl” Service or otherwise using any automated means (including bots, scrapers, and spiders) to view, access or collect information from AiMi or the Service.
Sell a User Account or playlist, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist.
Artificially promote Content by automated means or otherwise.
Create a false identity in connection with a User Account or otherwise.
Attempt to register for a new User Account if we have terminated your User Account.
Solicit, collect, transmit, store, or disclose any personal information of any third party.
Use the App, Content, or the Service to disclose the personal information of any other person without their express prior written consent.
Upload or transmit any software, material, or communication that is harmful to our users’ computers, devices or systems, or that contains a virus.
7. Communications from AiMi and Others:
By accessing or using the Service, you consent to receive communications from other users and AiMi through the Service, or through any other means such as emails or push notifications. These communications may promote AiMi or businesses listed on AiMi, and may be initiated by AiMi, businesses listed on AiMi, or other users.
8. Intellectual Property Ownership and Rights:
Copyright: Except for the third-party licensors, AiMi owns all components of the Service and Content, including loops, visual interfaces, interactive features, graphics, design, compilation (including our selection, coordination, aggregation, and arrangement of Content), computer code, products, aggregate star ratings, and all other elements and components of the Service. You acknowledge that all copyrights and other intellectual property rights related to the aforementioned Content, App, Site, and Service are owned, as between the Parties, solely and exclusively by AiMi, to the full extent permitted, and are protected, under the United States Copyright Act, international copyright laws, and all other applicable laws. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit or in any way use or exploit any Content, in whole or in part without AiMi’s express prior written consent.
Trademarks: AiMi also owns trademarks, service marks, and trade names (the “Marks”) throughout the world associated with the App, Site, Content, and the Service, which are protected by law. As such, you shall not use or exploit any of the Marks in whole or in part except as expressly authorized by AiMi. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Service are expressly retained by AiMi.
9. Digital Millennium Copyright Act (“DMCA”) Notice and Takedown Request
AiMi respects intellectual property rights. We hereby expressly reserve the right, in our sole and absolute discretion, to terminate accounts, including User Accounts, or access rights if we have reason to believe that intellectual property rights have been violated. For anyone wishing to make a claim of copyright infringement on the Site or in connection with the Service, please a written notice to DMCA Notices, AiMi, Inc., 600 Congress, 14th Floor, Austin, TX- 78701 or via email email@example.com. Such notice must include:
The signature (electronic or physical) of the person authorized to act on behalf of the copyright owner;
A reasonably specific description of the copyrighted work allegedly infringed;
A reasonably specific description of where allegedly infringing material is located;
Your contact information (address, telephone number, and email address);
A statement by you, made under penalty of perjury, that you have a good faith belief that the allegedly infringing use is illegal and not authorized by the copyright owner, that the information in your notice to us is accurate, and that you are either the copyright owner or legally authorized to act on the copyright owner's behalf.
Feedback Submissions and Customer Support: We welcome your feedback, however, you agree that AiMi is free to use any comments, information, ideas, concepts, reviews, techniques, or any other material contained in any communication you may send to us, worldwide and in perpetuity without acknowledgement, compensation, or payment to you. If you need assistance or have questions about your User Account, you may contact us at firstname.lastname@example.org.
Third party rights: You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreement and have the right to enforce the Agreement directly against you. Other than as set out in this section, the Agreement is not intended to grant rights to anyone except you and AiMi, and in no event shall the Agreement create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person. If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple.
This Agreement is between you and AiMi only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
10. Disclaimers of Warranties, Representations, Limitations of Liability and Indemnification:
YOU AGREE THAT YOUR USE OF THE APP, SITE, CONTENT, AND SERVICE IS AT YOUR OWN RISK. THE AIMI APP AND SITE AND ALL CONTENT ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE APP OR SITE ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. AIMI DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE APP, SITE, CONTENT, AND SERVICE WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ERROR-FREE OR RELIABLE.
YOU AGREE THAT AIMI IS NOT RESPONSIBLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY THIRD PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS. BECAUSE THE LAWS OF SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL AIMI OR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY, OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER. BECAUSE THE LAWS OF SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, LOSSES OR LIABILITY, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE AIMI PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF ANY PROVISION CONTAINED IN THESE TERMS OR YOUR USE OF THE APP, SITE, CONTENT, OR SERVICE (INCLUDING YOUR USE OF THE CONTENT). AIMI RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
Third Party Beneficiary: These Terms specifically are not intended to constitute a third party beneficiary contract and therefore shall not be construed to be for the benefit of any person or entity not a Party hereto, and no such person or entity shall have any claim or right of action under this Agreement.
Governing Law and Jurisdiction: These Terms shall be exclusively interpreted, construed and enforced under California (U.S.A.) law without reference to its choice of law rules and, if any federal right violation is alleged, the laws of the United States of America. Venue for any court action arising out of or relating to this Agreement shall be exclusively brought in the appropriate state court in the California Superior Court located in the City and County of San Francisco or any federal court in the Northern District of California and the Parties irrevocably consent to the jurisdiction of such courts for any permitted court action on any obligation hereunder.
Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect as if such invalid, illegal, or unenforceable provision had never been included.
Miscellaneous: These Terms: (i) are drafted and shall be interpreted in the English language; (ii) shall be construed fairly with no inference drawn against the drafting Party; (iii) use, though strictly for convenience, various titles and headings which shall not affect interpretation of these Terms; (iv) set forth the Parties’ entire agreement and understandings relating to the subject matter herein and merges and supersedes all of the Parties’ prior agreements, writings, commitments, discussions and understandings; (v) and any right or obligation set forth in these Terms can only be amended, modified, or waived in a writing signed by AiMi; and (vii) shall bind (and inure to the benefit of) the Parties, and the Parties’ respective heirs, approved assigns, successors-in-interest, and legal representatives (subject to any and all assignment restrictions set forth herein). When used in this Agreement, “including” shall be deemed to mean “including, but not limited to,” regardless whether such term is initially capitalized and notwithstanding any conflicting provision of these Terms.
YOU EXPRESSLY REPRESENT THAT YOU HAVE: (A) READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO ALL OF ITS TERMS AND CONDITIONS; (B) INDEPENDENTLY EVALUATED THE DESIRABILITY OF ENTERING INTO THIS AGREEMENT AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH HEREIN; AND (C) BEEN AFFORDED THE OPPORTUNITY TO SEEK THE ADVICE OF LEGAL COUNSEL WITH REGARDS TO YOUR RIGHTS AND OBLIGATIONS SET FORTH IN THIS AGREEMENT AND HAVE EITHER SOUGHT OR REFUSED SUCH COUNSEL.