AIMO Terms of Use
Effective Date: January 6th, 2024.
These terms of use (“Terms of Use”) govern your access to and use of AIMO’s (“we”, “us”, or “our”) website www.yyhlmatch.com (the “Website”), the Android and iOS mobile applications “AIMO” (the “Mobile Applications”), and their associated services, features, and functionalities (collectively, together with the Website and the Mobile Applications, the “Services”).
THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
1. Changes to the Terms of Use
We may update or modify these Terms of Use at any time effective upon posting the revised Terms of Use, along with an updated “Effective Date” above, on the Services. We may give notice of such updates or modifications by any reasonable means, including by posting a revised version of these Terms of Use on the Services. Your continued access or use of the Services following any updates or modifications to these Terms of Use will constitute your acceptance of such updates or modifications.
2. Services Eligibility
You are not authorized to use the Services unless all of the following are true, and by using the Services, you represent and warrant that:
If at any time you cease to meet the requirements in this Section, all authorization and access to our Services is automatically revoked, you must immediately delete your accounts on the Services, and we retain the right to remove your access to the Services without warning.
3. The Services
3.1 The Services consist of a social-networking platform that facilitates communication between users via a variety of features. Users of the Services may be presented to each other via a location-based system. The Services gives you access to an online database, through which you can get to know other registered customers through services that are either free or subject to a fee. The Services are currently only available via the Mobile Applications.
3.2 The Services contain an online database with profiles, which the registered customers of the Services fill with photos and information. The data protection information on the Services shows which data is collected in this context and how these are visible to other customers. AIMO offers the Services in various countries and enables a cross-regional search and contact.
3.3 With the Services, registered members can get in contact with other people for dating purposes and finding new friends.
3.4 AIMO explicitly is not a marriage broker and does not owe you a marriage brokerage or initiation.
4. Term and AIMO’s Termination or Other Remedies
These Terms of Use will stay always in full force while you access and use our Services. You can end your membership to the Services at any time and for any reason by following the instructions on the “Delete My Account” section on the Services. AIMO can end your membership to the Services and/or terminate your access to and use of the Services at any time and for any reason without prior notice. If AIMO terminates your membership to the Services, you are not entitled for any refund of the subscription fees of your account. Upon termination, these Terms of Use will survive a termination and continue in full force and effect.
In addition to AIMO’s termination right above, failure to comply with these Terms of Use may lead to any of the following without prior warning: (1) requests for additional information from AIMO, (2) suspending your access to or use of the Services, (3) permanently blocking your access to or use of the Services, or (4) removal or deletion of certain information, data, or content posted by you.
5. Registration to the Services
5.1 The use of the Services requires your registration. The prerequisite for registration is you providing your email address and a password to AIMO. In some areas, AIMO may also require a valid phone number for registration to the Services, in which case, the verification code will be sent by text message. It’s your responsibility to use a correct and valid phone number which can receive text messages. Other log-in options to the Services may be available, depending on your location and device. Please take into account that the registration is only successfully submitted when you have read and agreed to these Terms of Use.
5.2 To proceed with the registration process when AIMO requires a valid phone number, you must provide consent that AIMO is allowed to send text messages (SMS) to continue the registration for the Services. It’s your responsibility to read the consent. If you do not want to register with a phone number, you should choose an alternative sign-up option.
5.3 After registration for the Services, you will need to complete your profile with pictures and information. Please note, that for certain Services, during the first twenty-four (24) hours, AIMO is checking if a registered profile is suitable to gain access to the extended scope of the Services. A completed registration does not have to result in access to the Services, nor does AIMO has the obligation to communicate reasons to a user for the non-acceptance for full membership to the Services.
5.4 You agree to pay AIMO any fees for the Services. As described below, certain Services may be subject to fees and certain Services may be subject to fees depending on the device upon which you access or use the Services.
5.5 Upon completion of your profile and depending on the device upon which you access or use the Services, you may have the opportunity to use the Services to a limited extent free of charge in accordance with these Terms of Use. Additionally, a premium membership may give you access to an immediate profile review which results in instant access to the Services. In the case of a premium membership, AIMO may still check your registered profile.
5.6 AIMO has the right to terminate your account, your profile, or your membership at any time for any reason. Notwithstanding the foregoing, AIMO may terminate your account, your profile, or your membership if you are in violation of these Terms of Use, you may possibly endanger other members of our Services, or if you otherwise violate related guidelines or rules of AIMO platform, or have used the Services in a manner that AIMO regards as inappropriate, in its sole discretion.
5.7 AIMO offers a variety of features on the Services for registered members. AIMO has the right to add new features, remove old features, and modify or change the Services at any time. You have no guarantee of having unchanged access to features on the Services (paid or unpaid) or its availability to basic members or those who purchased a premium membership.
5.8 Once you have successfully registered for the Services, certain services of the Services are only available upon your payment of a fee to AIMO. For clarity, any chargeable services shall be considered “Services” for purposes of these Terms of Use and are also subject to these Terms of Use. Before you can take advantage of these chargeable services, we will inform you about the content of the chargeable service as well as about the prices and the terms of payment. Your declaration of payment is made when the purchase button is pressed. AIMO will charge for such payment when AIMO confirms your order.
5.9 AIMO enables the purchase of premium membership (paid) via its Mobile Applications. As a rule, a purchase is made via the Mobile Applications if you tap on the button on the “Confirm” field or a comparable field and, if necessary, enters a password or equivalent confirmation (e.g., Face ID) for the App Store or Google Play Store. Apple also uses the customer’s iTunes account for billing while Google uses the customer’s registered Google Wallet account of its Google Play Store. These transactions are governed by separate terms and conditions, and AIMO shall not be liable to you in connection with such transactions. Memberships purchased via Apple and Google have to be canceled separately in your App Store or Google Play Store settings. AIMO’s customer service may assist you with locating these settings further and can be reached via aimohelpcenter@gmail.com.
6. Free and Chargeable Services
6.1 Once successfully registered in accordance with Section 5 above, based on your profile information and preferences, we will provide you with daily suggestion online via the Services in connection with our basic membership. The suggestion list contains recommendations in the form of complete profiles you can choose to “like” or “chat”. With a basic membership to the Services, it is possible for you to match with another person and to start an unlimited conversation. The function of sending messages and reading such messages is restricted to people matched with on AIMO’s basic membership. Depending on the device you access or use the Services, AIMO’s basic membership may be free or require payment of a fee.
6.2 In addition to the Services listed in Section 6.1 of these Terms of Use, AIMO offers a range of Services subject to additional payment. These Services are paid premium memberships in the form of “AIMO VIP” and “AIMO SVIP”. Perks and details on these memberships are stated prior to purchase. AIMO has the right to offer additional chargeable services at any time.
7. Subscriptions and Memberships
7.1 AIMO provides automatic renewal options when purchasing a premium membership of “AIMO VIP” or “AIMO SVIP”. This option is voluntarily. If you choose the automatic renewal option when purchasing, AIMO will renew all paid memberships on the date when the initial membership is expiring. After the first subscription period, the membership will renew for another period as stated during the checkout process. Then, the membership is going to renew automatically for every ongoing subscription period. When purchasing an auto renewal membership, you confirm that the membership will be subject to the renewal plan. If you do not want to renew the membership, or if the membership should be changed or terminated, you should send an email to aimohelpcenter@gmail.com and follow the instructions.
7.2 For any questions regarding your subscription, membership, or a potential refund of fees, please contact aimohelpcenter@gmail.com. Note, that there is no obligation for AIMO to provide you a refund. Membership and subscription fees may be non-refundable.
7.3 We may make an exception if a refund for a subscription offer is requested within 14 days of the date of the transaction if the laws applicable in your jurisdiction provide for refunds.
As a subscriber residing in a EU or EEA country, you are entitled to a full refund within 14 days of the start of the subscription, without having to provide a reason, in accordance with local laws.
7.4 For users who purchased a premium membership and have their residence in the US states of Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, the following term applies: You may cancel your premium membership (AIMO VIP or AIMO SVIP) subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the AIMO platform) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
To request a refund: In addition to canceling, you must request a refund to receive one. If you purchased a premium membership via Apple’s App Store or the Google Play store refunds are handled by Apple or Google respectively, not AIMO. To request a refund from Apple, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com. To request a refund from Google, go to the Google Play Store, click your profile picture or “Me”, select “Payments & subscriptions”, find the transaction and hit “Report a problem”, select the option that best describes your problem, complete the form and note that you’d like a refund, click submit.
8. Your Termination
8.1 You can cancel your basic membership via the Services at any time by clicking the “Delete My Account” button in the “Settings” / “Delete My Account” area.
8.2 Once a purchase has been made or billing cycle has begun, AIMO cannot issue a refund for the Services. You can contact customer service or check the FAQ Help desk on how to cancel auto-renewal if you need further assistance.
8.3 If you do not give notice of termination in accordance with Section 8.2 of these Terms of Use, your paid membership for the Services will be continued until the announced end day which you accepted during the ordering process.
8.4 If you would like to cancel your membership via the Services, it is also your obligation to cancel any auto-renewal for the Services, even if you have been banned, blocked, or suspended from the Services.
9. Functionality of the Services
9.1 Certain functions of the Services are only available via the Website or the Mobile Applications. For receiving the best-possible experience, AIMO recommends the use of the Mobile Applications.
9.2 In order to fully use the Services, you must use or enable the use of the latest common technologies on your device, the current Android or iOS version app version. If older or not commonly used versions or technologies are used, you may have limited use of the Services.
9.3 If we provide you with updates for the Services, including updates for our Mobile Applications, we strongly recommend that you install them as soon as possible. It is your responsibility to install such updates within a reasonable time. If you fail to do so, even though we have advised you of the availability of the update and the consequences of not installing it, we will not be liable for any defects in the Services resulting from your failure to install the update. If you are unable to properly perform the installation based on the information provided to you, you are required to notify us immediately.
9.4 Subject to AIMO’s determination of the quality of your account, your profile is given either partial or full access to the Services, which is to be determined by AIMO in AIMO’s sole discretion. In particular, partial access limits your ability to get in contact with other members on the Services. If you are granted partial access to the Services, you are able to modify your profile and complete a number of tasks, which may grant you full access to the Services. Additionally, you are able to wait for our expert team to review your profile in depth to gain possible full access to the Services later after a subsequent profile review. We do not guarantee users full access to the Services upon registration or while with partial access to the Services. A selected expert team is constantly reviewing profiles to ensure the quality of our user base.
9.5 Premium users and those with full access to the Services are able to communicate with other people via messages.
9.6 AIMO might offer additional seasonal activities within or outside of the Services in its discretion.
10. Your Duties
10.1 You agree that your use of the Services shall not violate any law, regulation, or code, or otherwise harm another user of the Services. This includes, but is not limited to, crimes, fraud, escorting, prostitution, and human trafficking.
10.2 You are required to make all payments for the Services due to AIMO on time. If you are culpably in arrears with more than one successive installment, all outstanding fees up to the end of the term for the Services are due immediately.
10.3 You represent and warrant to AIMO that all information that you provide to us in connection with your access to and use of the Services will be true, accurate, and complete. AIMO reserves the right to take civil action against any customers who intentionally and/or fraudulently provide false, inaccurate, incomplete, or deceptive information.
10.4 To keep the Services safe, you are required to provide a voluntary real-time selfie via the Services with the front camera of your device to verify your profile pictures. If your profile is involved in suspicious activities, AIMO requests a verification picture in order to continue using your account, via the Services or its communication channels at any time, in particular to keep the Services secure and the user profiles real and authentic. Not providing a verification picture matching to profile photos may result in losing access to your profile or the termination of your account.
10.5 The Services are intended for private, internal, non-commercial use only. By registering, you agree not to use the Services for commercial purposes and not to use data or information made available to you via the Services for commercial, marketing, or advertising purposes. You are expressly not permitted to use any robot, scraper, or other manual or automated means to access the Services or systematically collect any data, information, or content thereon (including the data, information, or content of other users).
10.6 You agree that you shall treat any information, data, emails and other messages from other AIMO customers via the Services as confidential, and you shall not make such information, data, emails, or other messages accessible to third parties without the consent of their author. For clarity, the same applies to the names, telephone numbers, email and residential addresses, social media profiles and/or URLs or other personal data etc. of our other customers.
10.7 You agree that you shall treat the information or data shared by other customers via the Services with respect. In particular, you are forbidden to screenshot personal profiles, messages or record video chats with the intention to share it with any third party except the AIMO customer service. When using chat features on the Services, you are required to behave in a respectful and polite way.
10.8 You can let us know if you are no longer interested in partner proposals via the Services due to the establishment of a partnership or for other reasons. We value your feedback. You can refer to Section 8 of these Terms of Use to find out about account closure.
10.9 AIMO is entitled to delete messages via the Services without asking at any time. All data in the context of a basic membership may be deleted by AIMO twenty-four (24) months after the last login by a customer. For this reason, you are solely responsible for responding to and reviewing the incoming messages and the data of your profile at regular and appropriate intervals and to archive them on your own computer or other storage media, if necessary.
11. Use of AIMO Services
AIMO reserves the right to remove, change, or delete any content that is publicly visible to your profile (including any profile text or photos) if you have violated these Terms of Use, other related guidelines or rules of AIMO platform, or have used the Services in a manner that AIMO regards as inappropriate, in its sole discretion. You are solely responsible for the content, information, data, and any other service that you post, share, link, publish or transmit in any other form via the Services.
You are prohibited from accessing or using the Services:
You are prohibited from breach the security or otherwise attempting to breach the security of the Services. This includes:
The following use of the Services also remains prohibited at all times:
You further undertake not to misuse the Services, in particular: Not to distribute immoral, obscene, nude, pornographic or radical political content or photos; Not to disseminate any defamatory, objectionable or otherwise illegal material or such information via the Services; Not to threaten, harass or violate any other person’s rights (including personal rights); Not to use Services in a harmful or unauthentic way, in particular using services that change your natural IP address or location or disguise your true location, in particular when using VPN services while accessing AIMO; Not to use the Services in a way that adversely affects the availability of offers for other customers; Not to intercept emails / messages; Not to upload photos with text, advertisements, or photos that are screenshots; Not to upload photos that are regarded sexual, explicit, harassing etc.; and Not to mention names, addresses, telephone numbers, email addresses, social media accounts or payment accounts etc. in the personal description.
You agree to never harass, annoy, intimidate, or threaten any AIMO staff or agents engaged in providing the Services. If we feel that your behavior towards any of our staff or agents is threatening or offensive, we reserve the right to immediately terminate your membership and your access to and use of the Services.
AIMO has the right to block your account to the Services without a refund if you have violated these Terms of Use, have used the Services in a manner that AIMO regards as inappropriate, in its sole discretion, or have engaged in activities outside of the Services that AIMO regards as inappropriate, in its sole discretion. In the event AIMO blocks your account, it is your obligation to cancel any auto-renewal in accordance with Section 8 of these Terms of Use.
AIMO is under no obligation to share a reason or explain underlying details to users when an account has been banned, blacklisted, suspended or terminated.
12. Ownership and Right to Access and User the Services
You understand and agree that AIMO owns or has been licensed by third parties, all right, title, and interests in and to the Services and the individual content contained therein. You understand and agree that the Services are proprietary to AIMO and are protected by applicable intellectual property and other proprietary rights, laws, treaties, and that you acquire no ownership interest in the Services by accessing or using the Services.
Subject to these Terms of Use and your compliance with these Terms of use, AIMO hereby grants you a personal, non-exclusive, non-transferable limited license to access and use the Services solely for your personal, non-commercial, and internal use. All rights not expressly granted to you in these Terms of Use are reserved and retained by AIMO.
13. Digital Millennium Copyright Act
AIMO respects the intellectual property rights of others and requests that users of our Services do the same. If you believe that any content on any of our Services violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please provide a notice to the designated copyright agent (as set forth below) containing the following:
14. No Criminal Background Checks or Other Background Checks
YOU UNDERSTAND THAT AIMO DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS OF USE. AIMO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. AIMO RESERVES THE RIGHT TO CONDUCT—AND YOU AUTHORIZE AIMO TO CONDUCT—ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF AIMO DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE AIMO TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS OF USE.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. AIMO’S REGISTRATION SCREENING PROCESS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICES MAY RESULT FROM USERS ENGAGING WITH THE SERVICES FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.
Though AIMO strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Services or meet in person.
15. Disclaimers
AIMO PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
AIMO DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE CURRENT, RELIABLE, OR SECURE, (B) OUR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED OR ERROR-FREE BASIS, (C) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE DISCOVERED OR CORRECTED, OR (D) THAT SERVICES OR ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE OR APPROPRIATE FOR YOUR PURPOSES. AIMO SPECIFICALLY INDICATES THAT USER GENERATED CONTENT SUCH AS PROFILE TEXT, IMAGES, MESSAGES BETWEEN USERS OR VIDEO CHATS ARE NOT ACTIVELY MONITORED. IT'S TO THE USERS OWN DISCRETION TO PARTICIPATE IN SPECIFIC AIMO FEATURES. FURTHERMORE, AIMO MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.
AIMO ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES; NOR DOES AIMO ASSUME RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE WITH THROUGH AIMO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. AIMO IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.
16. Linked Websites
This Services may contain links to sites or social media platforms that are not affiliated with or under the control of AIMO (the “Linked Websites”). The inclusion of a Linked Website on our Services does not imply our endorsement of the Linked Website, and AIMO is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. If you decide to access Linked Websites, you do so at your own risk. AIMO disclaims any and all liability arising in connection with such Linked Websites and makes no representations or warranties with respect to such Linked Websites. Your use of Linked Websites is subject to the terms and conditions of such Linked Websites.
17. Third Party Materials
To the extent that any information, material, or functionality on the Services is provided by third party content providers (“Third Party Materials”), AIMO disclaims any and all liability arising in connection with such Third Party Materials. Therefore, any opinions, statements, products, services, or other Third Party Materials are those of the applicable third party. AIMO does not represent or endorse the availability, accuracy, content, or reliability of any Third Party Materials, or represent or warrant that your use of any Third Party Materials will not infringe the rights of third parties not owned or affiliated with AIMO.
18. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AIMO, ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF ANY USERS OR THIRD PARTIES IN CONNECTION WITH THE SERVICES; (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, OR (IV) OTHERWISE IN CONNECTION WITH THESE TERMS OF USE, OR THE SERVICES, EVEN IF AIMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AIMO’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO AIMO FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST AIMO, WHETHER STATUTORY, IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (iii) WITH RESPECT TO THE SERVICES AND THESE TERMS OF USE.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU AS DETERMINED BY APPLICABLE LAW.
19. Indemnity
You agree to indemnify, defend, and hold AIMO, its affiliates, employees, officers, directors, licensors, or service providers from and against any kind of lawsuits, damages, losses, claims, or other proceedings, and all resulting loss, damage liability, cost and expense (including attorneys’ fees) in connection with or that could arise from: (1) content, data, or information that you submit, post to, or transmit through the Services, (2) your access to and use of the Services, (3) your conduct or interactions with other users of the Services, (4) your violation of these Terms of Use, or (5) your violation of any applicable law, regulation, or code, or your violation of any rights of another.
20. Communication
AIMO may communicate with you either via the in-app messenger system when logged in or via email (e.g., support, sending partner proposals, contract confirmation and invoices / reminders). You should not contact AIMO via telephone, fax or mail. For clear authentication and protection against misuse, your messages should contain one of the following details, so that we can assign you to your account, depending on what applies to you: E-mail address, Facebook e-mail address, Google Account e-mail address, Apple ID e-mail address, or the phone number you used to register with the Services. AIMO sends to all of its registered users’ messages of informational and promotional content. This can be within the Services (e.g., AIMO News, customer service avatars) or to the linked e-mail address or phone number in the form of e-mails or SMS messages respectively. You may specify the types of messages you want to receive in their profile settings, including promotional messages.
21. Applicable Law
These Terms of Use are subject to the law of the Special Administrative Region of Hong Kong without regard to conflict of laws, principles, or rules, and regardless of your location. AIMO does not participate in dispute settlement procedures before consumer arbitration boards. In this respect, there is no legal obligation.
22. Arbitration; Class Action Waiver; Claim Limitation
Except where prohibited by applicable law, the following shall apply:
EXCEPT FOR DISPUTES, CLAIMS, OR CONTROVERSIES THAT QUALIFY FOR SMALL CLAIMS COURT, You and AIMO AGREE that all DISPUTES, claims, OR CONTROVERSIES ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE SERVICES, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND AIMO (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY) will be resolved by FINAL AND BINDING arbitration BEFORE A NEUTRAL ARBITRATOR INSTEAD OF A COURT. YOU AND AIMO EACH WAIVE THE RIGHT TO SUE IN COURT AND TO HAVE A JURY TRIAL. All DISPUTES, claims OR CONTROVERSIES within the scope of THESE TERMS OF USE must be arbitrated on an individual basis and not on a class or collective basis. Only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. This means you also give up the right to participate in class actions or other collective proceedings. By using the Services, you are accepting these terms OF USE and you are giving up the right to bring or participate in a class action lawsuit against us.
PRIOR TO INITIATING THE ARBITRATION, THE INITIATING PARTY WILL PROVIDE NOTICE TO THE OTHER PARTY OF ITS CLAIM, AND THE PARTIES WILL HAVE SIXTY (60) DAYS TO NEGOTIATE AND ATTEMPT TO RESOLVE THE DISPUTE, AFTER WHICH TIME UNRESOLVED CLAIMS MAY PROCEED TO ARBITRATION IN ACCORDANCE WITH THIS SECTION.
THE arbitration WILL BE conducted by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures THEN IN EFFECT and at the “Hong Kong International Arbitration Centre”. THE ARBITRATOR, AND NOT ANY COURT, SHALL have THE EXCLUSIVE AUTHORITY TO RESOLVE ANY dispute, claim, or controversy arising out of or relating to the interpretation, applicability, arbitrability, enforceability, or formation of these Terms of Use. To the extent that the arbitrator deems reasonable, the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Arbitration proceedings will be conducted in a manner that preserves confidentiality. Unless you and AIMO agree otherwise, any decision or award will consist of a written statement stating the disposition of each claim and including a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator’s decision will follow the plain meaning of the relevant documents and will be final and binding and may be entered thereafter by any court of competent jurisdiction. The arbitrator shall not be empowered to award punitive or exemplary damages to any party, except where permitted by statue, and the parties waive any right to recover such damages. Nothing in this section shall prohibit the discovery or exchange of non-privileged information relevant to the dispute, claim, or controversy.
You and AIMO will share the costs of arbitration equally with respect to JAMS fees; provided that each party will be solely responsible for its own attorneys’ fees and costs. Notwithstanding the foregoing, if you are an individual consumer, as defined by JAMS, then you will have the right to an in-person arbitration hearing in your hometown area, and AIMO will be responsible for 100% of the costs and fees of the arbitration charged by JAMS after you pay a filing fee similar to the fee for filing a lawsuit in court (but each party will be solely responsible for its own attorneys’ fees and costs).
Notwithstanding the foregoing, in the event that this Section is deemed unenforceable for any reason, you agree to exclusive jurisdiction in courts located in the Special Administrative Region of Hong Kong. You hereby irrevocably consent to the personal jurisdiction of such courts and waive any claims that venue is improper for any reason. Nothing in these Terms of Use will preclude AIMO from seeking any injunctive relief or other provisional remedy in a court of law.
Any dispute, claim, controversy, or other legal action brought by you that arises out of or relates to these Terms of Use or the Services must be commenced within one year after the cause of action arises.
23. Additional
23.1 AIMO is entitled to commission third service providers and vicarious agents to provide parts or the entire range of Services.
23.2 These Terms of Use constitute the entire agreement with respect to your access and use of the Services.
23.3 You agree that you shall not contest the admissibility or enforceability of AIMO’s copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms of Use.
23.4 Should a part of these Terms of Use become or be ineffective or unenforceable, the remaining content will remain in full force and effect. The statutory provisions also apply.
23.5 Any waiver of any provisions contained in these Terms of Use by AIMO shall not be deemed to be a waiver of any other provision of these Terms of Use. All rights not expressly granted herein are reserved.
23.6 The parties agree the language of these Terms of Use is English.