Aibex Terms of Service

Thank you for using Aibex!

These Terms of Service (“Terms“) govern your access to and use of the Aibex website, apps, APIs, and widgets (“Aibex“ or the “Service“). Please read these Terms carefully, and contact us if you have any questions. By accessing or using Aibex, you agree to be bound by these Terms and our Privacy Policy.

More simply put

Every company has a terms that say what you can/can’t do. These are ours.

Summary of Changes

We created this initial document

1. Our service

Aibex helps you achieve more in your career. To do that, we show you things we think will be relevant, interesting, and personal to you based on your onsite and offsite activity. To provide our Service, we need to be able to identify you and your interests. Some of the things we show you are promoted by advertisers. As part of our service we try to ensure that even promoted content is relevant and interesting to you. You can identify promoted content because it will be clearly labelled.

More simply put

Aibex helps you achieve more in your career. We need to know about you in order to recommend the best conversations, guided reflections, and features to help you in your pursuit.

2. Using Aibex

a. Who can use Aibex

You may use Aibex only if you can legally form a binding contract with Aibex, and only in compliance with these Terms and all applicable laws. When you create your Aibex account, you must provide us with accurate and complete information. You can’t use Aibex if it would be prohibited by U.S. sanctions. Any use or access by anyone under the age of 13 is not allowed. If you’re based in the EEA, you may only use Aibex if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of Aibex has been provided to us. Using Aibex may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.

b. Our license to you

Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service.

More simply put

You cannot use Aibex if you’re under 13 (or older in some countries).

3. Your content

a. Posting content

Aibex allows you to post content including journals, conversations, links, and other materials. Anything that you post or otherwise make available on Aibex is referred to as “User Content“. You retain all rights in, and are solely responsible for, the User Content you post to Aibex.

More simply put

If you post your content on Aibex, it still belongs to you.

b. How Aibex and other users can use your content

You grant Aibex and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on Aibex solely for the purposes of operating, developing, providing, and using Aibex. Nothing in these Terms restricts other legal rights Aibex may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content, or change the way it’s used in Aibex, for any reason. This includes User Content that we believe violates these Terms or any other policies.

More simply put

If you post your content on Aibex and choose to share it with others, you give us permission to share it on your behalf. You also agree to not post porn or be a jerk to other people on Aibex.

c. How long we keep your content

Following termination or deactivation of your account, or if you remove any User Content from Aibex, we may keep your User Content for a reasonable period of time for backup, archival, or audit purposes. Aibex and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared on Aibex.

More simply put

If you choose to post content, you give us permission to use it to provide and improve Aibex. Copies of content shared with others may remain even after you delete the content from your account.

d. Feedback you provide

We value hearing from our users, and are always interested in learning about ways we can make Aibex more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Aibex doesn’t waive any rights to use similar or related feedback previously known to Aibex, or developed by its employees, or obtained from sources other than you.

More simply put

We care about you feedback & we can use your suggestions to make Aibex better.

4. Security

We care about the security of our users. While we work to protect the security of your content and account, Aibex can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.

More simply put

You can help us fight spammers by keeping a strong password and notifying us at goats [at] aibex.com if something seems amiss.

5. Third party links, sites, and services

Aibex may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Aibex. We don’t endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from Aibex, you do so at your own risk and you agree that Aibex has no liability arising from your use of or access to any third party website, service, or content.

More simply put

Aibex has links to content off of Aibex. Most of that stuff is awesome, but we’re not responsible when it’s not.

6. Termination

Aibex may terminate or suspend your right to access or use Aibex for any reason on appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason, including any violation of our policies. Upon termination, you continue to be bound by Sections 3 and 8 of these Terms.

More simply put

Aibex is provided to individual users, such as yourself, for free. We reserve the right to refuse service to anyone, but we will provide appropriate notice.

7. Disclaimers

Our Service and all content on Aibex is provided on an “as is“ basis without warranty of any kind, whether express or implied.

Aibex specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.

Aibex takes no responsibility and assumes no liability for any User Content that you or any other person or third party posts or sends using our Service. You understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

If you’re a consumer in the EEA, we don’t exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful misconduct.

More simply put

Unfortunately, people post bad stuff on services like Aibex. We take that kind of thing seriously but you still might run into it before we have a chance to take it down.

8. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIBEX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL AIBEX’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

If we cause damage to you and you’re a consumer in the EEA, the above doesn’t apply. Instead, Aibex’s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Aibex isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability won’t apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.

More simply put

We are building the best service we can for you but we can’t promise it will be perfect. We’re not liable for various things. If you think we are, let’s try to work it out like adults.

9. Arbitration

For any dispute you have with Aibex, you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address on your Aibex account. If Aibex hasn’t been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in small claims court.

Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery, and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Aibex are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of this Agreement and the termination of your Aibex account.

Any arbitration will be administered by the American Arbitration Association (“AAA“) under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org. Unless you and Aibex agree otherwise, the arbitration will be conducted in the county (or parish) where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules, except that Aibex will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If your claim is for $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 hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AIBEX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. To the extent any claim, dispute or controversy regarding Aibex or our Service isn’t arbitrable under applicable laws or otherwise: you and Aibex both agree that any claim or dispute regarding Aibex will be resolved exclusively in accordance with Section 10 of these Terms.

If you’re a consumer in the EEA, Section 11 doesn’t apply to you.

10. Governing law and jurisdiction

These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. If you are not a consumer in the EEA, the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is Redwood City, California, or the United States District Court for the Northern District of California and our dispute will be determined under California law.

More simply put

The Bay Area is beautiful this time of year. It doesn’t matter what time of year it is, that’s what’s so great! Anyway, you’ll have to sue us here.

If you are a consumer in the EEA, this won’t deprive you of any protection you have under the law of the country where you live and access to the courts in that country.

More simply put

In the EEA, this applies if you’re a merchant, but not if you’re a consumer. If you are a consumer in the EEA, you can sue us in your home courts.

11. General Terms

Notification procedures and changes to these Terms

We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that’s what we decide. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we’ll notify you. By continuing to access or use Aibex after revisions become effective, you agree to be bound by the new Terms. If you don’t agree to the new terms, please stop using Aibex.

More simply put

If we’re making a big change to the terms, we’ll let you know. If you don’t like the new terms, please stop using Aibex.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Aibex without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

If you’re a consumer in the EEA, either you or Aibex may assign this agreement, and any rights and licences granted under it, to a third party. In case of such an assignment by Aibex, you are entitled to terminate the agreement with immediate effect by deactivating your account. Aibex will provide you with reasonable notice of any such assignment.

Entire agreement/severability

These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Aibex shall constitute the entire agreement between you and Aibex concerning the Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Aibex’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Parties

These Terms are a contract between you and Aibex Inc., 570 El Camino Real #150-454. Redwood City, CA 94063.

More simply put

You’ll always contact us, here in Redwood City.

Effective Feb 17, 2020

Updated Jan 7, 2020

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