AILO Terms of Service Agreement

Acceptance of Terms

This Terms of Service Agreement (“Agreement”) is a legally binding agreement between you and AILO International, Inc. (“Company,” “we,” “us,” or “our”) and governs your access to and use of our websites, mobile and other online services or applications that link to this Agreement, including our Mobile App (each a “Site,” and collectively the “Sites”) and the features, content, programs, and services we make available through the Sites (collectively with the Sites, the “Services”). By continuing to access and use the Services, you agree that such use is legally sufficient consideration under this Agreement.

YOUR CONTINUED USE OF THE SERVICES IS SUBJECT TO YOUR CONTINUED COMPLIANCE WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE THE SERVICES.

CONTINUED ACCESS AND USE OF THE SERVICES AFTER CHANGES HAVE BEEN MADE TO THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE REVISED AGREEMENT THEN IN EFFECT. YOU AGREE THAT YOU WILL REVIEW THIS AGREEMENT PERIODICALLY AND THAT YOU SHALL BE BOUND BY THIS AGREEMENT AND ANY MODIFICATIONS TO IT.

Complete Agreement — Definitions

• “Free User”: A registered user who has not been granted access to AILO Unlimited.
• “AILO Unlimited”: A premium access level providing matchmaking and expanded features, subject to approval.
• “AILO Duo”: A standalone compatibility feature allowing two individuals to receive joint assessment results.
• “Active Matching Region”: A geographic area where AILO matching services are live.
• “Account”: A registered AILO user profile.

User Age Requirements

Age Restriction — 21+ Only

AILO (Package Name: com.katana.ailo) is exclusively intended for users who are 21 years of age or older.

While the Apple App Store and Google Play may classify AILO under an 18+ content rating for platform compliance purposes, AILO's internal policy enforces a higher standard of eligibility.

• You must be at least 21 years old to create an account or use AILO in any capacity.
• During registration, users are required to provide their date of birth, and our system does not permit entry of a birth year that would result in an age below 21.
• Any attempt to falsify age information, bypass age verification, or otherwise misrepresent eligibility will result in immediate account suspension and data removal.

AILO is designed for emotionally and legally mature adults seeking meaningful connection, and therefore does not make exceptions for users under 21 under any circumstances, including with parental consent.

We may take reasonable steps to verify your age, which may include date-of-birth collection, device-level checks, and other measures permitted by applicable law. By using the Services, you agree that we may implement age-verification procedures and that failure to pass any verification step may result in limited access or account suspension until verification is complete.

If you have any concerns, questions, or feedback regarding our age requirements, please contact us at safety@ailoapp.com.

Zero Tolerance for Child Exploitation

AILO strictly prohibits the creation, possession, distribution, or promotion of any content involving minors in sexual, harmful, or exploitative contexts (including CSAM/CSAE — Child Sexual Abuse Material / Exploitation).

Any account found to be engaging in such activity will be immediately reported to the National Center for Missing & Exploited Children (NCMEC) and law enforcement authorities, and permanently banned from the platform.

We comply with all reporting obligations under 18 U.S.C. §2258A and will promptly submit reports of suspected child sexual exploitation to NCMEC and law enforcement as required.

Reporting & Enforcement

Users may report any content or behavior involving potential child endangerment, exploitation, or age misrepresentation by using the in-app “Report” function or by contacting safety@ailoapp.com

Reports are reviewed within 24 hours, and accounts involved in suspected CSAE/CSAM will be immediately suspended pending investigation. Confirmed violations will result in permanent account removal and referral to law enforcement.

Learn more on www.ailoapp.com/safety

User Accounts

To access certain features of the Services, a User must create an account (“Account”). Users are required to provide accurate, current, and complete information during registration and to keep such information updated.

Each User may maintain only one Account at any given time. Accounts are personal and non-transferable and may not be shared, sold, assigned, or used by any other individual.

Users are responsible for maintaining the confidentiality of their login credentials and for all activity that occurs under their Account. Users agree to promptly notify AILO of any unauthorized use of an Account or any other breach of security.

AILO reserves the right, at its sole discretion, to suspend, restrict, or terminate any Account that violates these Terms of Service, the Code of Conduct, applicable law, or otherwise compromises the integrity, security, or operation of the Services.

Users are solely responsible for their conduct, interactions, and content while using the Services. AILO does not control or endorse User behavior and is not responsible for interactions between Users, whether online or offline.

Users may delete an Account directly within the Services in accordance with the account deletion procedures described elsewhere in these Terms.

Service Availability

AILO's matching services are currently available only within designated geographic regions, including South Florida. Users located outside an active matching region will not receive matches until matching services become available in their area. Any regional limitations will be clearly disclosed at the time of sign-up and prior to any purchase that requires an active matching region.

Access Level & Core Offering

Free Users

Free Users may:

• Create an Account
• Complete the AILO assessment
• View a limited Profile Preview
• View a limited Needs Insight
• View one sample match
• Use AILO Duo as a standalone feature

Free Users are not included in the matchmaking pool.

AILO Unlimited

AILO Unlimited provides approved users with access to:

• Full matchmaking features
• Feed and Match Lounge
• Chat functionality
• Full Needs Insight & Compatibility Analysis
• Monthly AILO Duo session and assessment retake

AILO Duo

AILO Duo is an optional, standalone compatibility feature that allows two Users to participate in a joint assessment experience and receive a paired compatibility analysis.

Use of AILO Duo requires both participants to maintain active AILO accounts and complete the required profile information and assessments. Participation in AILO Duo is independent of AILO's matching services, and Users may access AILO Duo regardless of whether they participate in matching.

AILO Duo sessions are initiated through the use of a unique access code. Each code is single-use, time-limited, and subject to expiration if required steps are not completed within the applicable timeframe. Payment may be required to reveal compatibility results, except where access is expressly included as part of another entitlement or promotional offering.

Compatibility results and related insights generated through AILO Duo are system-generated, interpretive in nature, and based solely on information provided by the participating Users. Results may change if one or both Users complete updated assessments.

AILO does not guarantee participation by any invited individual, the accuracy or personal relevance of results, or any personal, relational, or emotional outcomes arising from use of AILO Duo. Users are solely responsible for selecting whom they invite to participate and for safeguarding any access codes.

AILO Duo reports are stored within the Services and may be removed by a User at their discretion. Removed reports cannot be restored.

AILO reserves the right to limit, suspend, modify, or discontinue AILO Duo at any time, including in cases of suspected misuse, fraud, or violation of these Terms.

Payment Responsibility. For AILO Duo sessions, the User who initiates the Duo session is responsible for completing any required payment to unlock and reveal the compatibility results for both participants, unless otherwise expressly stated by AILO.

Profile Completion & Matching Participation

Certain features of the Services, including AILO Duo, require Users to complete the AILO assessment and required profile information.

Users may access AILO Duo as a standalone compatibility feature without participating in AILO's matching services. Users who do not select required matching preferences, including match gender and location, will not be included in the matching pool but may continue to use AILO Duo where available.

Participation in AILO's matching services requires completion of applicable profile requirements and matching preferences, as well as satisfaction of any eligibility and access requirements in effect at the time.

Premium Services, Billing & Payments

Premium services require payment through approved app store providers. All pricing and billing terms are disclosed at the point of purchase.

AILO Unlimited is offered through an application and approval process. Access is granted only after approval by AILO and completion of any applicable payment and profile requirements.

AILO Unlimited provides approved Users with enhanced access to AILO's matching services and additional tools and functionality not available to Free Users, as described within the Services at the time of purchase.

Payment Processing

Payments for paid features may be processed through third-party payment providers, including Apple's App Store, Google Play, or other authorized processors. Users are subject to the applicable payment provider's terms and privacy practices. AILO does not store or process payment card information directly, except as permitted by the applicable payment provider.

Taxes

Where required by law, applicable taxes may be added to purchases at checkout and collected by the applicable payment provider. Tax amounts, if any, will be disclosed prior to completion of the transaction.

Promotional Codes & Discounts

AILO may offer promotional codes, discounts, or other offers from time to time. Promotional offers must be applied at the time of purchase and cannot be applied retroactively to completed transactions. Unless otherwise stated, promotional offers may not be combined and have no cash value. AILO reserves the right to modify or discontinue any promotional offer at any time.

Users have no entitlement to expired, discontinued, or revoked promotions, even if such offers remain visible within the Services.

AILO Unlimited Entitlement & Access Reinstatement

AILO Unlimited is a one-time, non-consumable purchase associated with the purchaser's Apple ID or Google Play account and does not expire. Deleting an AILO Account does not forfeit the entitlement.

• Recreating an Account with the same Apple ID or Google Play account reinstates access.
• AILO may permanently deny access for violations of these Terms or the Code of Conduct. No refunds or transfers apply in such cases.

Account Deletion, App Deletion & No-Pause Policy

Deleting the AILO mobile application does not delete a User's Account and does not cancel any active access or entitlements.

Deleting an Account is a separate action from deleting the application. Account deletion includes a seven (7) day grace period before permanent removal, during which the Account may be reactivated by logging back in.

Users who delete the app will not receive notifications during the period it is uninstalled, including new match alerts or assessment reminders, but may still appear in other users' match pools during that time.

Any matches, chat histories, Saved or Sample Lounge content, AILO Duo history, Profile Preview, Needs Insight, and Compatibility information associated with the account will not be available after the account deletion cycle has been completed.

AILO does not offer account-level pause or suspension options. However, Users may opt out of participating in AILO's matching services by leaving required matching preferences such as gender preference and location unset or deselected. Opting out of matching does not affect access to other features of the Services, including AILO Duo where available.

Transition Terms for Existing Users

As part of AILO's transition from a token-based system to a premium access model, existing Users who previously had access to matching services may no longer be automatically eligible for continued participation in matching.

Access to AILO's matching services now requires approval under AILO Unlimited, subject to regional availability and eligibility requirements. Prior access to matching or token-based features does not guarantee continued or future access following this transition.

As part of this transition, Users who previously purchased tokens or hold unused tokens may, at AILO's discretion, be offered preferred or discounted access to AILO Unlimited following approval, subject to eligibility, regional availability, and any applicable conditions disclosed at the time of purchase.

Promotional or transitional access granted during this period may be modified or discontinued at AILO's discretion.

Modification of Premium Features

AILO may update, modify, enhance, or discontinue features or functionality associated with its premium offerings from time to time. Such changes may occur with or without prior notice, provided that any modification does not materially diminish the core value of an active AILO Unlimited entitlement, except where required by law, platform policy, or to ensure the security, integrity, or proper operation of the service.

AILO may also adjust pricing, availability, or promotional offerings associated with the Services at its discretion, subject to applicable law and platform requirements.

Any modifications will not materially diminish the core value of an active AILO Unlimited entitlement, except where required by law, platform policy, or to maintain the security, integrity, or proper operation of the Services.

Assessment & Insights

Nature of Assessment

AILO provides assessments, compatibility analyses, and related insights designed to offer informational guidance regarding personal preferences, communication styles, and relational dynamics. These assessments are based on User-provided information and AILO's proprietary analytical framework.

AILO's assessments and insights are not psychological evaluations, medical assessments, therapeutic services, diagnoses, or professional advice of any kind. They are intended solely for informational and self-reflective purposes. Users acknowledge that assessments are interpretive in nature and may not account for all factors influencing real-world relationships or interactions.

Users remain solely responsible for how they interpret and apply any insights provided through the Services.

Assessment Inputs & User Responsibility

AILO's assessments, compatibility analyses, Needs Insight, and profile generation are based solely on information provided by Users. Users are responsible for providing truthful, accurate, and complete responses when completing any assessment.

Assessment responses are not publicly displayed or shared with other Users and are used only to generate profile content, Needs Insight, compatibility scores, and related analyses within the Services.

AILO does not guarantee the accuracy, completeness, or personal relevance of any assessment output, compatibility result, or profile interpretation. Users acknowledge that assessment-based insights are interpretive in nature and may not reflect personal self-perception, expectations, or real-world experiences.

Users assume full responsibility for how they interpret and rely on any assessment results, compatibility analyses, or insights provided through the Services.

Profile Preview & Needs Insight

Certain features of the Services generate an automated Profile Preview and Needs Insight based on information provided by the User through AILO's assessments. These outputs are system-generated summaries intended to reflect general patterns, preferences, and relational tendencies derived from User responses.

Profile Previews and Needs Insights are interpretive in nature, do not display raw assessment responses, and are not intended to represent complete or definitive characterizations of any individual. They are provided for informational and self-reflective purposes only and do not constitute professional, psychological, or therapeutic advice.

Assessment Updates & Changes Over Time

AILO's assessments reflect a User's current perspectives, relational tendencies, and personal needs at the time they are completed. Because circumstances and personal development may evolve, Users may choose to retake assessments from time to time to update their Profile Preview and Needs Insight.

AILO may provide a one-time reminder if more than thirty (30) days have passed since a User last completed an assessment. This reminder is provided as a courtesy only. Retaking an assessment is entirely optional and subject to feature availability and any applicable payment requirements.

AILO does not determine when a User should retake an assessment. Decisions regarding assessment updates, retakes, or profile regeneration are made solely at the User's discretion.

Compatibility Score & Analysis

AILO provides a Compatibility Score and category-based analysis intended to offer general insight into potential relational dynamics between Users. The Compatibility Score is generated using AILO's proprietary assessment methodology and is based solely on assessment responses provided by each participant.

The Compatibility Score includes an overall percentage and individual percentage scores across multiple compatibility categories. These scores reflect AILO's algorithmic interpretation of how assessment responses align within each category and are accompanied by explanatory context for informational purposes.

Compatibility Scores and related analyses are system-generated, interpretive in nature, and not predictions, diagnoses, psychological evaluations, or guarantees of outcomes. Scores may change if one or both Users complete updated assessments through available features, including AILO Duo or other assessment-based tools. Users acknowledge that real-world compatibility may be influenced by factors beyond the scope of AILO's assessments.

No Professional Advice

AILO's insights, assessments, compatibility analyses, and related content do not constitute professional psychological, therapeutic, medical, or relationship advice. The Services are provided for informational guidance only and are not a substitute for professional counseling, therapy, diagnosis, or treatment. Users acknowledge that any decisions or actions taken based on AILO's insights are made at their sole discretion and risk.

Interactive Features & Match Communications

Certain Users may have access to interactive features such as match feeds, match lounges, or communication tools as part of AILO's Services, subject to eligibility, regional availability, and access level.

Matches presented through the Services may be time-limited, expire, or become unavailable based on user activity, eligibility, geographic location, or other factors. AILO does not guarantee the timing, frequency, quantity, or continued availability of any match.

Users are solely responsible for monitoring their account, notifications, and available matches. AILO is not responsible for missed opportunities, expired matches, delays in user review, or loss of access resulting from a User's failure to engage with the Services in a timely manner.

Matches may become unavailable if another User deletes or deactivates their account, changes eligibility status, relocates outside an active region, or otherwise becomes ineligible for matching. AILO does not guarantee responsiveness or continued participation by any matched User.

Chat Communications & Retention

AILO may provide messaging or communication features that allow Users to exchange content. Users are responsible for managing their own conversations, including deleting or removing chat history within the Services.

AILO does not guarantee the storage, retention, availability, or restoration of any chat messages or communication history. Blocking or reporting another User may restrict future communications but does not guarantee removal of prior messages.

Users acknowledge that sharing personal information or other content through messaging features is done at their own discretion and risk.

User Messaging & Communications

AILO may offer messaging or communication features that allow Users to exchange content, including text, media, or other information. Users are solely responsible for the content they send or receive through the Services.

AILO does not guarantee the delivery, availability, timing, storage, or retention of any messages or communications. Message features, functionality, and availability may change over time.

Users are responsible for all content they share. AILO may remove content or restrict access at its discretion.

AILO reserves the right to monitor, restrict, remove, or disable messaging or content where required by law, platform policy, or where content violates these Terms or the Code of Conduct.

No Guarantee of Matches or Outcomes

Users acknowledge that access to AILO's Services, including AILO Unlimited or any other paid feature, does not guarantee any minimum number of matches, compatibility results, interactions, communications, or successful connections.

Match availability, timing, and frequency depend on multiple factors outside of AILO's control, including but not limited to user density, geographic region, stated preferences, activity levels, and eligibility criteria. AILO does not guarantee that any specific number of matches will be presented within any period of time, nor that any match will result in communication, engagement, or continued availability.

Use of the Services does not guarantee personal, relational, or emotional outcomes.

Safety Notice

AILO does not conduct criminal background checks or identity verification on users unless expressly stated. You are solely responsible for your interactions with other users, both online and offline. AILO does not screen, endorse, or guarantee the conduct, identity, intentions, or compatibility of any user. Exercise caution and common sense when interacting with others, particularly when meeting in person.

Blocking & Reporting Users

AILO provides tools that allow Users to block or report other Users as part of the Services. Blocking and reporting features are intended to support user safety and individual control over interactions.

When a User blocks another User, the blocked profile will no longer be visible to the blocking User within the Services under the same account. Blocking affects only the User who initiates it and does not prevent the blocked User from participating in the Services or interacting with other Users.

Users may also report other Users for review. Reports are submitted for internal evaluation and safety purposes. AILO may review reported activity and take action at its sole discretion, including warnings, restrictions, or account removal. AILO is not obligated to disclose the outcome of any review or enforcement action.

Blocking or reporting does not guarantee that all interactions or communications will be prevented outside of the Services. Users remain responsible for their own interactions and decisions.

Modification of Services & Offerings

We may make improvements and/or changes in products or services provided through the Services, add new features, or terminate functionality at any time without notice. We also: (i) reserve the right to change the features and services advertised or offered for sale through the Services, the prices or specifications of such features and services, and any promotional offers at any time without any notice or liability to you or any other person; (ii) do not warrant that information on the Services is accurate, complete, reliable, current, or error-free; and (iii) reserve the right to modify, cancel, terminate, or not process or where the price or other material information on the Services is inaccurate, or for any other reason in our sole discretion.

If we do not process an order for such reason, we will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.

Termination

The Services and this Agreement are in effect until terminated by you or us. We may terminate this Agreement by notifying you using any contact information we have about you or by posting such termination on the Services, including in your Account. You may terminate this Agreement by providing written notice of termination, including your detailed contact information and any Account information, to us using the information in the Contact Us section.

In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Services or any of their features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230.

The provisions of this Agreement concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.

Upon any such termination, (i) you must destroy all Content obtained from the Services and all copies thereof; (ii) you will immediately cease all use of and access to the Services; (iii) we may delete or disable access to any of your User Content at any time; and (iv) we may delete your Account at any time. You agree that if your use of the Services is terminated pursuant to this Agreement, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of the Services after termination will be a violation of this Section, which survives any termination.

Even after the termination of this Agreement, your Account, access to the Services, or any User Content you have posted or submitted may remain on the Services indefinitely.

Disclaimer of Warranty

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF THE CONTENT AVAILABLE ON THE SERVICES OR ANY OTHER SITES LINKED TO OR FROM THE SERVICES. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE SERVICES IS DONE AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Limitation of Liability

WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES AS WELL AS OUR AGENTS, SUPPLIERS, SERVICE PROVIDERS, AND RETAILERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OR THE INABILITY TO USE THE SERVICES, CONTENT OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE.

RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD-PARTY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR ANY OTHER LIABILITY THAT MAY NOT BE DISCLAIMED UNDER APPLICABLE CONSUMER-PROTECTION LAWS AND REGULATIONS. TO THE EXTENT ANY LIMITATION IN THIS AGREEMENT IS FOUND UNENFORCEABLE, THE REMAINING LIMITATIONS SHALL CONTINUE TO APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD-PARTY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.

Indemnity

You agree to indemnify, defend, and hold us and the Releasees and all of our directors, officers, employees, agents, shareholders, successors, assigns, and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of this Agreement; (ii) your activities in connection with the Services; or (iii) User Content or other information you provide to us through the Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Consent to Communication

When you use the Services or send communications to us through the Services, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Services. We may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Agreement will be enforceable.

Assignment

We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent.

Non-Refundability

Except as required by applicable law or the refund policies of the applicable app store or payment provider, all purchases of AILO Duo and AILO Unlimited are final and non-refundable.

Refund requests, if any, are handled solely by Apple's App Store or Google Play in accordance with their respective refund policies. AILO does not issue refunds or credits for unused features, partial use, lack of activity, dissatisfaction with results, or changes to the Services or features over time.

Intellectual Property Rights

All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs, and other content appearing in or on the Services (“Content”) are protected intellectual property of, or used with permission or under license by, our Company. Such Content may be protected by copyright, trademark, patent, or other proprietary rights and laws. This includes the entire Content of our Mobile App, copyrighted and protected as a collective work. All intellectual property rights associated with the Services, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title, or interest in any Content by accessing or using the Services. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on the Services is strictly prohibited.

Subject to your compliance with this Agreement, we grant you a limited license to access and use the Services and their Content for personal purposes. No Content from the Services may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner. You may not capture, reproduce, or share screenshots or recordings of the Services or the Mobile App for commercial use, harassment, or any improper purpose. Reasonable screenshot use for reporting abuse or exercising legal rights is permitted.

Authorized Use of the Services

While using the Services, you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. You may not use the Services for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Services or any other party's use of the Services. In addition, we expect users of the Services to respect the rights and dignity of others. For example, you may not do any of the following without our consent:

• Post, upload, share, transmit, distribute, facilitate distribution of, or otherwise make available to or through the Services any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising;
• Post to or transmit through the Services any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
• Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services;
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Services, or express or imply that we endorse any statement you make;
• Violate, or attempt to violate, the security of the Services;
• Disseminate on the Services any viruses, worms, spyware, adware, or other malicious computer code, file, or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software, or equipment;
• Use scripts, macros, or other automated means to impact the integrity of the Services;
• Reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Services;
• Build a competitive product or service using the Services, build a product or service using similar ideas, features, functions, or graphics as the Services or determine whether the Services are within the scope of any patent;
• Interfere in any manner with the operation or hosting of the Services or monitor the availability, performance, or functionality of the Services;
• Use any data mining, bots, spiders, automated tools, or similar data gathering and extraction methods, directly or indirectly, on the Services or to collect any information from the Services or any other user of the Services; or
• Assist or permit any persons in violating this Agreement or other applicable laws or rules governing the use of the Services.

We prohibit and have zero tolerance for any content transmitted through the Services that endangers or sexualizes anyone under the age of 18. If you have any concerns, questions, or feedback, please contact us through the services or at the contact information provided below. Any violations of this Section may result in banning your Account at our sole discretion.

Refer a Friend Program

The Services may also allow you to send messages to refer a friend to use the Services or send Content to others, for example through our “refer-a-friend” program that will send content to the phone number you provide. You agree to only provide contact information for individuals who have told you they want to receive the Content. By providing someone's contact information, you represent and warrant that they have confirmed to you that they want to receive the Content.

Mobile Applications

Some of the Services may be mobile or other applications that you can download to your phone, tablet, or other device (“Mobile App”) via a third-party service such as an application store. Your use of the third-party service may be subject to additional terms related to that service from the third-party service provider (“App Store Provider”).

You acknowledge that this Agreement and your use of the Mobile App is between you and us only, and not with any App Store Provider or its affiliates or subsidiaries. As between us and an App Store Provider, we are solely responsible for the Mobile App and its Content. If anything in this Agreement conflicts with any usage rules for the Mobile App from an App Store Provider, such terms from the App Store Provider control (only so far as those terms conflict with this Agreement, and then exclusively for your use of the Mobile App). All rights you have to use the Mobile App are for use only on appropriate products (which may require branding from the App Store Provider or other entities) and are non-transferable. We are solely responsible for providing any maintenance and support services for the Mobile App, as specified in this Agreement, or as required under applicable law. No App Store Provider has any obligation whatsoever to furnish any maintenance and support services for the Mobile App, nor any warranties for the same.

WE DISCLAIM ALL WARRANTIES RELATED TO ANY MOBILE APP. However, in the event that the Mobile App fails to conform to any applicable warranty that we cannot disclaim according to applicable law, you may have the right to notify the App Store Provider, and the App Store Provider may refund the purchase price for the Mobile App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO APP STORE PROVIDER WILL HAVE ANY OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE MOBILE APP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY IS OUR RESPONSIBILITY.

We, not the App Store Provider, are responsible for addressing any claims relating to the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) claims that the Mobile App infringes a third party's intellectual property rights as well as the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

By using the Mobile App, you represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that the App Store Provider, and its subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement and your use of the Mobile App, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

User Content

You are responsible for any information, text, chats, posts, images, videos or other materials or content that you post on the Services, upload to us, or transmit through the Services (“User Content”). You agree, represent and warrant that any User Content you post on the Services or transmit through the Services is truthful, accurate, not misleading, and offered in good faith, and that you have the right to transmit such User Content. You shall not upload, post, or otherwise make available on or through the Services any User Content protected by copyright, trademark, or other proprietary right of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content.

PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions, or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose; (ii) such User Content will be deemed not to be confidential or proprietary; (iii) we may have something similar already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.

User Content License

By submitting User Content to us directly or indirectly (including through any use of third-party social media platforms directed at us), you grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, sublicensable, irrevocable, and unrestricted right and license: (i) to use, reproduce, display, modify, adapt, publish, perform, translate, transmit, and distribute or otherwise make available to others such User Content (in whole or in part and for any purpose) worldwide; provided that AILO will not use your photos, likeness, name, or other personally identifiable information for public advertising or promotional purposes without your separate express consent. You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services, and to tag, rate, review, comment on, use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Services and under this Agreement.

Additionally, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory. Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through our “Contact Us” forms or other forms that are intended to be confidential will be handled in accordance with our Privacy Policy and will not be publicly disclosed, except as described in our Privacy Policy or otherwise approved by you. This license continues only for as long as your User Content is available on the Services, except where retention is required for legitimate business, legal, or compliance purposes.

The Services allow for user to user chats, user-generated content, and other interactive features or services through which users can post or upload User Content or otherwise interact with the Services (each, a “Match Communication”). We do not endorse User Content posted in Match Communications, cannot guarantee the accuracy or authenticity of such User Content, and are acting only as a passive conduit for such User Content. User Content may include information that has not been evaluated or approved by us. WE RESERVE THE RIGHT TO REMOVE ANY CHATS, AT ANY TIME FOR ANY REASON.

Limited Monitoring

We do not actively monitor all Match Communications; however, we may access, review, or preserve communications when (i) a user reports a safety or trust issue; (ii) required to comply with law or legal requests; (iii) necessary to enforce this Agreement; or (iv) needed to address security, fraud, or technical issues. We take reasonable steps to restrict staff access to communications unless one of these circumstances applies.

Match Communication Privacy

You acknowledge that any User Content you communicate in Match Communications may be seen and used by others. You understand that our staff, or other users connected with us may see the content of Match Communications. Any user failing to comply with this Agreement may be expelled from and refused continued access to Match Communications in the future. However, we are not responsible for User Content that you or others choose to communicate in Match Communications, or for your actions or the actions of other users.

IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER USER CONTENT AVAILABLE IN A MATCH COMMUNICATION OR OTHERWISE ON OR THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.

Our Rights

You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (i) evaluate User Content before allowing it to be posted on the Services or any Match Communication; (ii) monitor User Content and Match Communication; (iii) alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any User Content, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and/or (iv) disclose any User Content, and the circumstances surrounding its transmission, to any third-party in order to operate the Mobile App, to protect us, our Mobile App visitors or others, to comply with legal obligations or governmental requests, to enforce this Agreement, or for any other reason or purpose we deem appropriate. If you see User Content on our Mobile App that you believe violates this Agreement, please Contact Us.

We do not have any obligation to store Match Communications. You authorize us to act on your behalf with respect to any infringing and/or unauthorized uses. This expressly includes the authority, but not the obligation, for us to send takedown notices (such as pursuant to the DMCA) on your behalf if Your User Content is taken and used by third parties outside of Us.

No Guarantee of Matches or Outcomes

AILO does not guarantee that you will receive a certain number of matches, that any match will result in communication, that any interaction will lead to a relationship, or that any compatibility result will lead to personal, relational, or emotional outcomes. Match availability depends on user density, user activity, user preferences, location and other factors outside of AILO's control. Use of AILO's assessment, matching tools, or insights is at your sole discretion.

Accounts

Certain sections and features of some of the Services are available only to users who have registered for an account (“Account”). We may reject, and you may not use, a user ID (or e-mail address) for any reason in our sole discretion. For example, we may reject a user ID (or e-mail address) (i) that is already being used by someone else; (ii) that may be construed as impersonating another person; (iii) that belongs to another person; (iv) that violates the intellectual property or other rights of any person; or (v) that is offensive. You may only have one active Account at any given time, and you may not allow other people to use your Account to access the Services.

If you maintain an Account, we expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are responsible for all activities that occur under your Account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access the Services in violation of this Agreement. In addition, you agree to sign out from your Account at the end of each session if you are using a device that is shared with other people.

You agree to notify us of any unauthorized use of your Account username, log-in ID, password, or any other breach of security that you become aware of involving or relating to the Services by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of the Services and your Account, including without limitation, terminating your Account, changing your password, or requesting information to authorize transactions on your Account.

If you need to delete your Account at any time, you can do this by going to Settings, then Delete account. It may take time for your Account and User Content to be removed from the Services. Once deleted, an Account may be restored for up to seven (7) days. After the seven (7) days, the Account, including your information, matches, and chats will be permanently deleted.

WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

Third-Party Content and Links

Any information, statements, opinions, or other information provided by third-parties and made available on the Services are those of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statement, or other third-party content on the Services.

We may provide on the Services, solely as a convenience to users, links to websites, social media pages, mobile applications, or other services operated by other entities. If you click these links, you will leave the Services. If you decide to visit any external link, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites, services, or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links; or that any linked website or service is authorized to use any of our trademarks, logos, or copyright symbols.

We may maintain a presence on and link to social media websites, including Instagram, and others (collectively, “Social Media Pages”), to provide a place for people to learn more about us and our products and to share experiences with our products. When you visit these Social Media Pages, you are no longer on the Services, but rather a website operated by a third party. All comments, visuals, and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values, or ideas. All visitors to our Social Media Pages must comply with the respective social media platform's terms of use.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD-PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

Copyright Infringement Notices

It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). This section describes the information that should be present in these notices and the take down procedure we follow with respect to allegedly infringing material. If we receive proper notification of claimed copyright infringement, our response to these notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the allegedly infringing content so that they may make a counter notification pursuant to the DMCA. It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works that we determine are reasonable under the circumstances.

If you believe that any Content on the Services infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent (the “Designated Agent”), identified below, with the following information:

• A description of the copyrighted work or other intellectual property that you claim has been infringed, with sufficient detail so that we can identify the alleged infringing material;
• The URL or other specific location on the Services that contains the alleged infringing material described in above, with reasonably sufficient information to enable us to locate the alleged infringing material;
• Your name, mailing address, telephone number and email address;
• The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.

To notify the provider of the allegedly infringing material to which we have removed or disabled access, we may forward a copy of your infringement notice, including your name and email address to the provider of the allegedly infringing material.

We may terminate users who, in our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys' fees, incurred by us or the alleged infringer. If you receive an infringement notification from us, you may file a counter notification pursuant with our Designated Agent pursuant to the DMCA. To file a counter notification, please provide our Designated Agent with the following information:

• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled;
• Your name, mailing address, telephone number, and email address;
• The following statement: “I consent to the jurisdiction of [insert one of the following: (1) ‘the Federal District Court in which my mailing address is located’, or (2) if you reside outside of the United States, ‘the United States District Court for the southern district of Florida’]”;
• The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
• The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
• Your signature, in physical or electronic form.

Upon receipt of valid counter notification, we will promptly provide the person who provided the original infringement notification with a copy of your counter notification and inform that person that we will replace the removed material or cease disabling access to it in ten (10) business days. Further, we will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of your counter notice, unless the Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Services.

Updates to This Agreement

We may revise or otherwise change or update this Agreement from time to time. We will use reasonable efforts to notify you of such changes. However, please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement, they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement—there may have been changes to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of the Services. Your continued use of the Services will signify your continued agreement to this Agreement as revised. We will make reasonable efforts to notify you of material changes to this Agreement. Such efforts might include posting notice on the Services, an email to the address we have on file, or a message in your Account.

Disputes, Arbitration, and Class Action Waiver

Agreement to Arbitrate

You and we agree that any dispute, claim or controversy, including those known or unknown that may be later discovered, arising out of or relating to this Agreement, other agreements on the Services, or the Privacy Policy, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be either determined by binding arbitration in Miami Florida before one arbitrator or submitted to small claims court in Miami Florida. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to this Agreement shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules.

Mutuality

Both you and AILO agree to resolve disputes exclusively through individual arbitration, and each party retains the right to proceed in small claims court where eligible.

No Class Actions

YOU AGREE THAT ANY CLAIMS OR ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Seeking Arbitration

If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: P.O. Box 450134, Miami Florida 33245. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your Account. A Notice, whether sent by you or by us, must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. If you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US $10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.

Hearing

If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator's decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules.

Award

In the event arbitration awards you damages of an amount at least US $100 greater than our last documented settlement offer, we will pay your awarded damages or US $2,500, whichever is greater.

Injunctive Relief

Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective, and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Confidentiality

You and we shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

Coordinated Proceedings

If twenty-five (25) or more individuals initiate Notices of dispute with us raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals (“Coordinated Claims”), the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the individuals and our counsel shall each select five (5) cases to proceed first in arbitration in a bellwether proceeding (“Test Cases”). The remaining cases shall not be filed in arbitration until the first ten (10) have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another five (5) cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against us. Individuals bringing Coordinated Claims shall be responsible for up to US $250 of their filing fees or the maximum permissible under the applicable arbitration rules. All applicable statutes of limitations and defenses based upon the passage of time will be tolled while the Coordinated Proceedings specified in this Section are pending. We will take such action, if any, required to effectuate such tolling.

Language Version Controls

AILO may provide translations of this Terms of Service for your convenience, including a Spanish-language version. However, the English version of this Agreement will prevail in the event of any conflict, discrepancy, or inconsistency between the translated version and the English version. The English version shall be the legally binding and authoritative text for all purposes.

Governing Law and Rules

This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Florida, exclusive of conflict or choice of law rules. You and we acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).

In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect, or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.

Severance of Arbitration Agreement

If the clauses concerning and describing the procedures and obligations related to Coordinated Claims and Test Case procedures is or becomes invalid or unenforceable, then the remaining entire arbitration agreement and any clauses concerning, relating to, specifying, or otherwise describing the arbitration agreement shall be severed from this Agreement. However, any duty of confidentiality whether or not such duty is connected with arbitration shall survive such severance.

Terms for Users in Certain Geographic Locations

New Jersey Residents

If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (i) Disclaimer of Warranty; (ii) Limitation of Liability; (iii) Indemnity; and (iv) under the Disputes, Arbitration, and Class Action Waiver section and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.

California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered and expressly forgo and waive all protections as by California Civil Code Section 1542, which states, “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” By using this Site, you agree that these California Civil Code Section 1542 protections no longer apply to you.

Contact Us

If you have questions about this Agreement, or if you have technical questions about the operation of the Services, please contact us by writing us at P.O. Box 450134, Miami Florida 33245. If you have any questions or comments about our company or our products or have other customer service needs, please contact us for information on contacting our customer service representatives.

Email: support@ailoapp.com