The Twin AI User Agreement comprises these Terms of Service, our Privacy Policy, and any other operating rules, policies and procedures, including our Data Processing Addendum if applicable.These Terms of Service may be modified at any time. Please read these Terms of Use and other components of the Twin AI User Agreement carefully before using the services offered by Twin AI and associated entities.
Welcome to Twin AI (the “Platform”), which is provided by Alias Technologies Inc. (collectively referred to as “Twin AI”, “we” or “us”). You are reading the terms of service (the “Terms”), which govern our relationship with you and serve as an agreement between you and us and set forth the terms and condition by which you may access and use the Platform and related services, applications, websites, products and content (collectively, the “Services”). Access to certain Services or features of the Services (such as, by way of example and not limitation, the ability to submit or share User Content (defined below)) are subject to age restrictions and not available to users under the age of 18. For the purpose of these Terms, “you” and “your” means you as the user of the services.By using the Services, you agree to be bound by these Terms.
The Terms form a legally binding agreement between you and us. Please take the time to read them carefully. If you are under age 18, you may only use the services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these terms with you.
SECTION 9 OF THESE TERMS CONTAINS A BINDING ARBITRATION AGREEMENT AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AND REPRESENTATIVE ACTION AGAINST US THAT WAIVES YOUR RIGHT TO A COURT HEARING OR JURY TRIAL. YOU AND WE AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND WE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
By accessing or using our Services, you confirm that you can form a binding contract with us, that you accept these Terms and that you agree to comply with them. Your access and use of our Services is also subject to our Privacy Policy, which describes how we collect and handle the information you provide to us when you use our Services, the terms of which are incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy and any other applicable procedures and policies. In addition, some aspects of the Services may be subject to additional terms and conditions, and your use of such services is subject to those additional terms and conditions which are incorporated into these Terms of Use by this reference. We may, on our sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
You acknowledge that you may access our website and view some of the Services for free, however, access to the Services and our Platform is paid, most typically through a subscription and processed by our third-party payments provider (“Subscription”). You acknowledge and accept that if you purchase a Subscription, it will automatically renew for additional periods of the same duration unless you cancel it according to the terms provided.
You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards. You should print or save a local copy of the Terms for your records.
We amend these Terms from time to time. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. Unless we state otherwise, changes are effective when we notify you of them or thirty (30) days after they are posted on the Twin AI website, whichever is earlier. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of Services after the date of the new terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
Within the Platform, you may create an account by providing a username and/or email address and/or phone number and a password (“Login Information”). You shall not share your account or your Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your account. You are solely responsible for maintaining the confidentiality of your Login Information, and you will be solely responsible for all uses of your Login Information, including any purchases or subscription renewals, service charges or other changes to your account and/or account status, whether or not authorized by you. We will not be responsible for anything that happens through or to your account and/or account status as a result of you allowing any third party to access your Login Information and/or account. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at: alias@alias-app.com
When you create your account, please provide accurate and up-to-date information. While you can control most communications and notifications from the Services, we may need to provide you with certain communications, service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt- out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, please update your account information to help prevent us from communicating with anyone who acquires your old number.
We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.
Your account is for your personal use or as applicable, company’s use only. You specifically agree not to: (1) share your account credentials with anyone else, (2) sell, offer to sell, rent, lease, trade or otherwise transfer your account, (3) buy, offer to buy, accept, access or use any other user’s account, or (4) create or permit to exist an interest or arrangement of any kind, which in substance secures the payment of money or performance of any obligation, over any of your rights with respect to the Services.
You acknowledge that any purported transfers of accounts in violation of this Section, including but not limited to transfers in exchange for money or other compensation, are void and breach these Terms of Use, and that we have no responsibility to assist you in connection with completing any such transaction. We may terminate or suspend your account and/or your right to access or use Services if we discover or reasonably believe that you have attempted to buy, sell, rent, lease, license, or transfer your account, or used or accessed an account transferred by another user.
There are limitations on who may download and access the Platform and the Services. You may not download or access the Platform or the Services if you are under 18 years of age. If we learn that a user under 18 years of age is accessing the Services despite this restriction, we will immediately delete their account and all personal information we have related to their account. You also may not use the Services if: (i) you cannot enter into a binding contract with us and your legal guardian has not agreed to these Terms of Use on your behalf; (ii) you are a convicted sex offender; (iii) you do not agree to these Terms of Use; or (iv) we have previously banned you from using the Services. If you are under the age of majority where you live you may not use the Services unless your parent or legal guardian has reviewed and agreed to these Terms of Use.
Subject to your agreement and continuing compliance with the Terms, Privacy Policy, and other applicable policies, we grant you a non-exclusive, non- transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Platform and Services.
By accessing the Twin AI website and/or using the Services and Platform, you agree that the Platform and Services are intended solely for the purpose of creating AI models and/or generated content of yourself or other individuals for whom you have obtained explicit consent. You acknowledge and agree that when creating AI models and/or generated content of other individuals, you must have their express permission to use their photos, image, likeness and voice and to create, train, and generate AI-generated images and videos of them, as well as AI clones of their voice. By using the Services, you expressly confirm that you have all necessary rights and consents to upload the materials uploaded, including the voice samples, and create generated images, videos and cloned voices therefrom.
As a condition of use, you promise not to use the Platform and Services for any illegal, fraudulent or harmful purpose, nor any purpose that is prohibited by the Terms of Use. By way of example, and not as a limitation, you shall not (and shall not permit any third party to):
You further shall not take any action that: would constitute a violation of any applicable law, rule or regulation; infringes upon any intellectual property or other right of any other person or entity; is harassing, promotes violence, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, furthering of self-harm or profane; exploitive or abusive of children; generates or disseminates verifiably false information with the purpose of harming others; impersonates or attempts to impersonate others; generates or disseminates personally identifying or identifiable information; promote support of a terrorist organization; condone or promote violence against people based on any protected legal category.
By using the Service and uploading any content, you expressly acknowledge and agree that you will not upload, post, generate or share any images or content depicting minors (individuals under the age of 18).
You further agree that, in compliance with applicable laws and regulations, we reserve the right to monitor and review any uploaded any generated content, and if we identify any content featuring minors, we will immediately remove such content and report any instances of potential child exploitation, endangerment, or abuse to the appropriate law enforcement authorities in your respective jurisdiction. By using the Platform and the Services, you consent to such monitoring, review, and reporting, and you understand that you may be subject to legal repercussions if you violate these terms.
In addition, you may not:
You are responsible for all content associated with your account. While we do not claim responsibility for ANY content uploaded and created by our users, we reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms, or otherwise harmful to the Services or our users.
We use automated moderation tools, powered by machine learning algorithms, to scan and flag content uploaded to or generated using our Services that is potentially non-permissible. If you believe that content uploaded to or created using our Services contains non-permissible content, please email us at alias@alias-app.com with: a link to or copy of the content; a brief description of the reason you believe the content is not permissible under this policy; and contact information to reach you regarding your communication.
Any content, including content flagged through the processes described above may also be reviewed by human moderators.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Community Guidelines, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, or (iv) our provision of the Services to you is no longer commercially viable.
Except for the limited license for you to access and use the Platform and the Services granted herein, we and our licensors retain all right, title and interest in and to the Platform and Services. By contrast, you own all material uploaded to the Platform and Services as well as any content and material generated by the Platform and the Services. If you are using the Services and Platform to process data that you have lawfully collected from others with appropriate permissions as described above, our Data Processing Addendum may apply and must be separately executed.
If you provide us with any suggestions for enhancement or feedback regarding the Services or any of our other products or services, you agree that we will have a perpetual, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use such suggestions and feedback, including by incorporating your suggestions or feedback into the Services, without any obligation to compensate you. To the extent permitted by applicable law, you waive any moral rights you may have in such suggestions and feedback (such as the right to be identified as the author).
You are responsible for your use of the Services and for any content you provide, including compliance with applicable laws, rules, regulations and our policies. You should only provide Content that you are comfortable sharing with others. Any use or reliance on any content or materials obtained by you through using the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications created via the Services. You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate. All content is the sole responsibility of the person who originated such content. We take no responsibility for content generated via the Services. We reserve the right to remove content that violates the User Agreement, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment.
The Services utilize artificial intelligence systems to produce content. Such content may be unintentionally similar to copyright protected material or trademarks held by others. We respect rights holders internationally and we ask our users to do the same. If you believe your copyright or trademark is being infringed by the Service, please write to alias@alias-app.com and we will process and investigate your request and take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement.
Subject to your compliance with this Agreement, the conditions herein and any limitations applicable by law: (i) you are granted a non-exclusive, limited, non- transferable, non-sublicensable, non-assignable, freely revocable license to access and use the Services for business or personal use; (ii) you own all content you create with the Services and (iii) we hereby assign to you all rights, title and interest in and to such content for your personal or commercial use. Otherwise, we reserve all rights not expressly granted under these Terms of Use. You are responsible for any activity conducted on your account. A breach or violation of any of our Terms of Use may result in an immediate termination of your right to use the Services.
By using the Services, you grant to us, our successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, irrevocable copyright license to use, copy, reproduce, process, adapt, modify, publish, transmit, prepare Derivative Works of, and/or distribute text prompts and images you input into the Services, or content produced by the Service at your direction. This license authorizes us to use such content as needed to provide, maintain and improve the Services, as well as to comply with applicable law and enforce our policies. You agree that this license is provided with no compensation paid to you by us for your submission or creation of content, as the use of the Services by you is hereby agreed as being sufficient compensation for the grant of rights herein. This license survives termination of this Agreement by any party, for any reason.
If you misuse the Services, violate the law, or violate these Terms, and your violation results in loss or damage or a claim or liability against us, you agree to indemnify, defend and hold us harmless from (which means you agree to compensate us for) that loss, damage, claim or liability, including our legal fees and expenses. We may take exclusive charge of the defense of any legal action for which you are required to indemnify us under this section, at your expense. You agree to cooperate in our defense of these actions. We will use reasonable efforts to notify you of any claim for which you are obligated to indemnify us. This section will apply even if you stop using the Services or your account is deleted. This indemnification Provision does not apply in New Jersey.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND INCLUDES WAIVER OF A TRIAL BY JURY IN A COURT AND THE ABILITY TO BRING ANY CLASS ACTION OR REPRESENTATIVE ACTIONS.
In the event of any controversy or claim arising out of or relating to these Terms, including any question regarding its existence, validity, termination or breach thereof, or your use of the Services or any related services, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. Most user concerns can be resolved by contacting our customer support team at alias@alias-app.com. In the unlikely event that we are unable to resolve your concerns and a dispute remains, this Section explains how you and we agree to resolve it. As explained in more detail below,we each agree to resolve any dispute between us through binding arbitration or small claims court instead of in courts of general jurisdiction.
This Section 9 applies to the maximum extent permitted by applicable law. In the event that any portion of Section 9 is deemed illegal or unenforceable, such provision will be severed and the remainder of Section 9 will be given full force and effect.
If there is a determination that applicable law precludes the arbitration of any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
If we cannot resolve our dispute through customer support,YOU AND WE AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION, INCLUDING CLAIMS CONCERNING ANY ASPECT OF THE RELATIONSHIP BETWEEN US, YOUR DECISION TO DOWNLOAD THE SERVICES, YOUR USE OF THE SERVICES, ANY USER CONTENT, OR YOUR ACCOUNT.This Agreement to Arbitrate is intended to be interpreted broadly, and applies to all legal claims under any legal theory (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory), and applies to any disputes or claims that you assert or that arise even after you stop using or delete your account for the Services and/or stop using the Services. This Agreement to Arbitrate also applies to any claims that are currently the subject of a purported class action litigation in which you are not a member of a certified class. You and we agree that the arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of the terms or formation of this contract, including whether any dispute between us is subject to this Agreement to Arbitrate (i.e., the arbitrator will decide the arbitrability of any dispute) and whether all or any part of these terms are void or voidable.
An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party.YOU UNDERSTAND THAT YOU AND WE ARE GIVING UP THE RIGHT TO SUE IN COURT AND THE RIGHT TO HAVE A TRIAL BEFORE A JUDGE OR JURY..
This Section 9, however, does not apply to the following types of claims or disputes, which you or we may bring in court in accordance with Section 9 below:
(1) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and
(2) claims for preliminary injunctive relief.
This Section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you. Also, any of us can bring a claim in small claims court either in Santa Clara County, California or the county where you live, or some other place we both agree on, if such claims meets all the requirements to be brought in that court.
The Federal Arbitration Act applies to this Section 9. The arbitration will be governed by the Consumer Arbitration Rules (the “Rules”) of the American Arbitration Association (“AAA”) (including Rule 1(g) of those Rules that provides for arbitration through the submission of documents only/desk arbitration where no disclosed claims or counterclaims exceed $25,000), as modified by these Terms of Use. The Rules are available at http://www.adr.org. The arbitrator will be bound by these Terms of Use.
To start an arbitration proceeding, use the form on AAA’s website (www.adr.org) or call the AAA at 1-800-778-7879.
Any arbitration under this section that is required to take place in person will take place pursuant to the Rules, which provide that face-to-face proceedings be conducted at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances.
If your claim is for US$25,000 or less, we agree to reimburse your filing fee promptly upon being notified of the filing, or pay it for you if you are unable to pay it and we receive a written request from you. Also, if your claim is for US$25,000 or less, we agree to reimburse your share of the arbitration costs, including your share of arbitrator fees, at the conclusion of the proceeding, unless the arbitrator determines your claims are frivolous or your costs are unreasonable as determined by the arbitrator. If you seek more than US$25,000, the arbitration costs, including arbitrator compensation, will be split between you and us according to the Rules. Irrespective of the amount you seek, neither party shall be entitled to have their attorneys’ fees or costs paid by the other party, provided, however, that either party may seek to recover their attorneys’ fees and costs in arbitration if the arbitrator determines that the other party’s claims (or counterclaims) are frivolous or the other party’s costs are unreasonable.
In the event of any controversy or claim arising out of or relating to these Terms, including any question regarding its existence, validity, termination or breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. If they do not reach settlement within a period of 60 days, then, upon notice by any party to the other(s), any unresolved controversy or claim shall be settled by arbitration administered by the International Centre for Dispute Resolution (“ICDR”) (www.icdr.org) in accordance with the provisions of its International Arbitration Rules. The place of arbitration shall be in London, England. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without our prior written consent. The European Union also operates an online dispute resolution platform which can be found atwww.ec.europa.eu/consumers/odr.
For disputes arising between us and you, or any other user, you and we agree that we can only bring a claim against each other on an individual basis.
NEITHER YOU NOR WE CAN BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION, CLASS-WIDE ARBITRATION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. THE ARBITRATOR CANNOT COMBINE MORE THAN ONE PERSON’S CLAIM INTO A SINGLE CASE, AND CANNOT PRESIDE OVER ANY CONSOLIDATED, CLASS, OR REPRESENTATIVE ARBITRATION PROCEEDING, UNLESS WE BOTH AGREE OTHERWISE IN WRITING. NONETHELESS, IF ANY PORTION OF THIS CLASS ACTION OR REPRESENTATIVE ACTION WAIVER IS DEEMED UNENFORCEABLE OR INVALID, THE ARBITRATOR SHALL HAVE AUTHORITY TO ISSUE ANY AND ALL REMEDIES AUTHORIZED BY LAW.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
To initiate arbitration or any legal proceeding against us, you must serve initiating documents on our’s registered agent for service of process at: Harvard Business Services, Inc., 16192 Coastal Highway, Lewes, Delaware, 19958.
Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future change to this Section 9, you may reject any such change by sending us written notice within 30 days of the change to:alias@alias-app.com.
You agree that we provide you immediate access to the Platform and the Services as soon as you complete your purchase, without waiting for any withdrawal period authorized by law. Therefore, you expressly waive your right to withdraw from this purchase. You purchase access to use the Platform and the Services by signing up for a monthly subscription, payable in U.S. dollars, that will automatically renew on a monthly basis. You can stop using the Services and cancel your subscription at any time by emailing us atalias@alias-app.com. If you cancel your subscription, you will not receive a refund or credit for any amounts that have already been billed or paid. We reserve the right to change its prices at any time. If you are on a subscription plan, changes to pricing will not apply until your next renewal.
Unless otherwise stated, your subscription fees do not include federal, state, local, and foreign taxes, duties, and other similar assessments (“Taxes”). You are responsible for all Taxes associated with your purchase and we may invoice you for such Taxes. You agree to timely pay such Taxes and provide us with documentation showing the payment or additional evidence that we may reasonably require. If any amount of your fees are past due, we may suspend your access to the Services after we provide you written notice of late payment. You may not create more than one account to benefit from a lower paid tier of the Services. If we believe you are not using any lower paid tiers of Services in good faith, we may charge you standard fees or stop providing access to the Services.
We have the right to terminate your access to, and use of, the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation, or cancellation of Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
We make no promises or guarantees that the Services or any content on them will always be available, uninterrupted, or error-free. As set forth above, our Services’ performance may be affected by your hardware, software, and/or internet access, each of which we do not control. In addition, we may suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons.
Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, limit distribution or visibility of any Content on the service, suspend or terminate users, and reclaim usernames without liability to you.
USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE CLAIM, WE MAKE NO WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF TITLE OR IMPLIED ARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT OR AVAILABILITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE IN THE SERVICES.
If your state or country does not allow these disclaimers, they do not apply to you. If your state or country requires a certain period for which a warranty applies, it will be either the shorter of thirty (30) days from your first use of the Services or the shortest period required by law.
YOU ACKNOWLEDGE THAT NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES (INCLUDING OUR CORPORATE AFFILIATES) WILL BE LIABLE:
THE RISK OF USING THE SERVICES AND EXTERNAL WEBSITES OR RESOURCES RESTS ENTIRELY WITH YOU, AS DOES THE RISK OF INJURY FROM THE SERVICES OF EXTERNAL WEBSITES OR RESOURCES.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, OR TORT (INCLUDING NEGLIGENCE). IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF US AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES (INCLUDING OUR CORPORATE AFFILIATES) IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID US IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. IF YOU HAVE NOT PAID STUDIO ANY AMOUNT IN SUCH SIX (6) MONTH PERIOD, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH STUDIO IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.
Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above, which means these limitations/exclusions may not apply to you if you reside in one of those states or countries. To the extent that we may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
You agree that any claim you may have in any way arising out of or relating to your relationship with us, including your use of the Services, must be filed within one (1) year after the factual basis for the claim arose; otherwise, your claim will be permanently barred as untimely.
Entire Agreement — These Terms, including the Privacy Policy and any applicable Data Processing Agreement are incorporated herein, constitute the entire and exclusive understanding and agreement between us and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between us and you regarding the Services
Severability — If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
No Assignment or Transfer by You — You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Notices — Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which we transmit the notice by email.
No Waiver — Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact us atalias@alias-app.com.