Terms of Service Agreement

Welcome to Aumbit!

These Terms of Service ("Terms") govern your use of Aumbit's services, including our websites (aumbit.io and aumbit.ai), associated applications, and AI-powered tools (collectively, the "Service"). These Terms form a legally binding agreement between you and Aumbit Inc., a corporation registered in the United States ("Aumbit," "we," "our," or "us"). By accessing or using our Service, you acknowledge and agree to be bound by these Terms.

Please Note:

• We reserve the right to modify these Terms at our discretion.
• Our Enterprise Terms of Service, available at aumbit.io/enterprise-terms, govern the use of our services for developers and businesses, including Aumbit APIs.
• If you reside in the European Economic Area, United Kingdom, or Switzerland (collectively, "Europe"), your use of the Service is governed in part by the Europe Specific Terms ("EST") outlined below.
• Please review our Privacy Policy at aumbit.io/privacy, which explains how we collect, use, and disclose personal information.
• Our Consumer FAQs at aumbit.io/faq provide additional information about our Service, though they are not part of these Terms.

Who We Are

Aumbit Inc. is a company dedicated to advancing artificial intelligence to empower human creativity and innovation. Our mission is to provide accessible, cutting-edge AI tools to enhance productivity and problem-solving. Our Service includes AI-powered solutions accessible via https://aumbit.io/ and https://aumbit.ai/. For more information about Aumbit, visit aumbit.io.

Registration and Access

Minimum Age

You must be at least 13 years old or the minimum age required in your country to use the Service, and you must confirm you meet this requirement. If you are between 13 and 17 years old, you must have your parent or legal guardian's permission to use the Service, and they must agree to these Terms. While we strive to ensure our Service is safe and appropriate, certain features or user inputs may generate outputs containing coarse language, humor, or themes unsuitable for all ages. Parents or guardians are urged to monitor their teenager's use of the Service and utilize available data controls to select appropriate features.

Registration

To use our Service, you must provide accurate and complete information to register for an account. You may not share your account credentials or make your account available to others, and you are responsible for all activities under your account. If you create an account or use the Service on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.

Third-Party Login

By logging in through a third-party service (e.g., Google, Apple), you grant Aumbit permission to access, use, and store information from that service as permitted by their terms, which may include login credentials or access tokens. If you connect using a third-party service, you may opt-in to import relevant profile data, usage history, or preferences to your Aumbit account.

Using Our Service

What You Can Do

Subject to compliance with these Terms, you may access and use our Service. You must adhere to all applicable laws, our Acceptable Use Policy (available at aumbit.io/acceptable-use), and any other guidelines or policies we provide.

What You Cannot Do

Prohibited uses of our Service include, but are not limited to:

• Detrimental Impact: Modifying, copying, leasing, selling, reselling, distributing, reverse engineering, or using bots to access our Service; using the Service or its outputs to develop competing models or services; scraping or reselling inputs or outputs; or disrupting the Service's functionality or safety systems.
• Harmful or Abusive Activity: Engaging in activities that critically harm or promote harm to human life, violate intellectual property laws, infringe on privacy or publicity rights, involve child exploitation, or include espionage, hacking, defamation, scamming, spamming, or phishing.
• Non-Compliance with Laws: Taking unauthorized actions on behalf of others, operating in regulated industries without compliance, or using the Service in regions where it is not offered.
• High-Stakes Decisions: Using the Service for automated decisions affecting a person's safety, legal, or material rights (e.g., financial, educational, employment, housing, or medical decisions).
• Misleading Use: Failing to disclose AI-generated content or misrepresenting outputs as human-generated.

Who Is Prohibited From Using the Service

• Individuals or entities who violate these Terms, our Acceptable Use Policy, or other guidelines.
• Those previously removed from the Service.
• We reserve the right to refuse service at our sole discretion.

Third-Party Services

Our Service may integrate third-party software, products, or services subject to their own terms. Our software may include open-source components governed by their respective licenses.

User Content

Ownership

You may provide input (e.g., text, images, audio, code) to the Service ("Input") and receive output generated by the Service ("Output"), collectively "User Content." You are responsible for ensuring User Content complies with applicable laws and these Terms. You represent that you have all necessary rights, licenses, and permissions for your Input. As between you and Aumbit, you retain ownership of your User Content, subject to the rights granted below. We request that you attribute outputs to Aumbit's Service, as outlined in our Brand Guidelines at aumbit.io/brand.

Our Use of User Content

You grant Aumbit an irrevocable, perpetual, transferable, sublicensable, royalty-free, and worldwide license to use, copy, store, modify, distribute, reproduce, publish, display, create derivative works of, and aggregate your User Content for purposes including:

• Providing and maintaining the Service.
• Improving our products, services, and AI models.
• Conducting data analysis, research, and trend identification.
• Enforcing these Terms, complying with our Privacy Policy, and ensuring Service safety.

Automated systems and authorized personnel may analyze User Content for business, safety, and compliance purposes, including improving features and investigating misuse.

Opting Out of Model Training

When logged in, you may choose whether your User Content is used for product development or model training. Private chats or content you request for deletion will be queued for removal within 30 days. If you use the Service without logging in, you grant full rights to use your data for product development and training, where permitted. See our Privacy Policy and FAQs for details.

Accuracy and Similarity

AI outputs may contain inaccuracies, "hallucinations," or inappropriate content. Outputs may not be unique, and different users may receive similar results. Your rights to outputs do not extend to others' outputs.

Third-Party Service Integration

If you use features that send User Content to third-party services, you authorize Aumbit to transfer such content. Review third-party policies for how they handle your data.

User Responsibilities

• Outputs may not always be accurate and are not professional advice. Conduct your own research and do not rely solely on outputs.
• Evaluate outputs for accuracy and appropriateness, using human review as needed.
• Outputs do not reflect Aumbit's views and are not endorsements.

The Service Is Provided "As Is"

Our Service, including beta features, is provided "AS IS" and may contain errors, defects, or inaccuracies. You use the Service at your own risk, and we do not guarantee uninterrupted or error-free functionality.

Aumbit's Intellectual Property Rights

Aumbit and its affiliates own all rights, title, and interest in the Service. We may collect and own diagnostic, technical, and usage data ("Usage Data") related to your interaction with the Service. You assign all rights in Usage Data to us, which we may use for purposes such as improving the Service, analytics, and research.

Feedback

Any suggestions or feedback you provide about the Service or Aumbit's products ("Feedback") is assigned to us, including all intellectual property rights. We may use Feedback without attribution or compensation.

Privacy and Data Security

Privacy

By using the Service, you acknowledge that we may collect, use, and disclose personal information as described in our Privacy Policy at aumbit.io/privacy. Your data may be transferred to and processed in the United States.

Security

We prioritize data security but cannot guarantee protection against unauthorized access. You provide data at your own risk and must notify us immediately of any security breaches or unauthorized account use at support@aumbit.io.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AUMBIT AND ITS AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS OR DATA, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY WILL NOT EXCEED THE AMOUNT YOU PAID US OR $100, WHICHEVER IS GREATER.

Paid Accounts

Fees and Payments

For paid subscriptions, provide accurate billing information and a valid payment method. We will automatically charge your payment method on each renewal until you cancel. Taxes may apply. If payment fails, we may downgrade or suspend your account. Contact connect@aumbit.io for payment or cancellation inquiries. Payments are non-refundable, except where required by law.

Price Changes

We may adjust subscription prices with 30 days' notice. New prices apply at your next renewal, and you may cancel if you disagree.

Termination, Suspension, Discontinuation

You may stop using the Service and close your account at any time. We may terminate or suspend your access without notice if:

• You breach these Terms or our Acceptable Use Policy.
• Your use risks harm to Aumbit, users, or others.
• Your account is inactive for over a year without a paid subscription.
• We must comply with legal obligations.

No refunds are provided upon termination, except where required by law.

Appeals

If you believe your account was suspended or terminated in error, contact connect@aumbit.io to appeal.

Discontinuation

We may discontinue the Service with notice and provide applicable refunds for prepaid, unused services.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. AUMBIT DOES NOT GUARANTEE ERROR-FREE OPERATION OR THAT DEFECTS WILL BE CORRECTED. YOU USE OUTPUTS AT YOUR OWN RISK AND SHOULD NOT RELY ON THEM AS THE SOLE SOURCE OF TRUTH OR PROFESSIONAL ADVICE.

Indemnity

To the fullest extent permitted by law, you will indemnify and hold Aumbit, its affiliates, and their respective agents, employees, and directors harmless from claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, User Content, or violation of these Terms.

Copyright Complaints

If you believe your copyrighted work has been infringed via the Service, notify our Copyright Agent at connect@aumbit.io with:

• An authorized signature.
• A description of the infringed work and its location on our Service.
• Your contact information.
• A good-faith statement that the use is unauthorized.
• A statement under penalty of perjury that the information is accurate.

We may remove infringing content and terminate repeat infringers' accounts.

Dispute Resolution

Class Action and Jury Trial Waiver

YOU AND AUMBIT WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.

Governing Law; Jurisdiction

These Terms and any disputes are governed by the laws of the State of Delaware, without regard to conflict of law principles. Disputes will be brought exclusively in the state and federal courts in New Castle County, Delaware, and you consent to their exclusive jurisdiction and venue.

Limitations Period

Claims must be filed within two years of accrual, or they will be barred, to the extent permitted by law.

General Provisions

Assignment

You may not assign these Terms or any rights hereunder. Aumbit may assign them without restriction.

Changes to Terms

We may update these Terms, with the new "Effective" date posted at aumbit.io/terms. Continued use of the Service constitutes acceptance of the updated Terms.

Entire Agreement; Severability

These Terms, along with any additional written agreements with Aumbit, constitute the entire agreement. Invalid provisions will not affect the remaining Terms.

No Waiver

Failure to enforce any Term does not constitute a waiver.

Export Controls

You will comply with all applicable U.S. export control and sanctions laws, including those administered by the U.S. Department of Commerce and OFAC. You represent that you are not on any restricted party list or located in a sanctioned country.

Contact Us

For questions about these Terms, contact Aumbit Inc. at connect@aumbit.io. For Service-related inquiries, reach out to connect@aumbit.io.

Mobile App Specific Terms

General

To use our mobile apps, you must have a compatible device. Aumbit does not guarantee compatibility. You are responsible for any mobile data charges. Apps may auto-update to the latest version. We grant you a non-exclusive, non-transferable, revocable license to use the app on your device, subject to these Terms.

iOS App

For apps from the Apple App Store, these Terms are between you and Aumbit, not Apple. Apple is not responsible for maintenance, warranties, or claims related to the app. Apple is a third-party beneficiary of these Terms for iOS app licenses.

Android App

For apps from the Google Play Store, these Terms are between you and Aumbit, not Google. Google is not responsible for the app or these Terms and is a third-party beneficiary for Android app licenses.

Regional Specific Terms

Australian Residents

Report child safety issues to the eSafety Commission via their webform.

California Residents

Contact the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210 for complaints.

European Economic Area (EEA), United Kingdom (UK), or Switzerland Residents ("Europe Specific Terms" or "EST")

EST Definition of Consumer: "European Consumers" are individuals in the EEA, UK, or Switzerland acting for non-business purposes.

EST Order Process

Ensure your registration information is accurate. You can amend errors before submission. We process orders immediately upon submission.

EST Governing Law

These Terms are governed by Delaware law, but European Consumers benefit from mandatory local laws.

EST Venue of Jurisdiction

European Consumers may bring disputes in the courts of their habitual residence.

EST Right of Withdrawal

European Consumers may withdraw from this contract within 14 days of account creation by emailing connect@aumbit.io with your full name, login details, address, and order date.

EST Consequences of Withdrawal

We will refund verified subscription payments within 14 days of withdrawal notice, using the original payment method, unless agreed otherwise.

EST Withdrawal Form

Email connect@aumbit.io with: full legal name, login/user name, residential address, order/subscription date, and withdrawal date.

EST Limitation of Liability

We are not liable for losses unless caused by our breach of these Terms or reasonably foreseeable. We do not limit liability where unlawful.

EST Consumer Guarantee

European consumer laws provide guarantees for the Service. Contact support@aumbit.io with questions.

EST No Release; Indemnity

The Indemnity section does not apply to European Consumers.

EST Changes to Terms

We may update Terms for legal or functional reasons, notifying you via email or in-Service notifications. If you object, discontinue use; continued use implies acceptance.