Last Updated: 30 June 2019
Aiisma’s ecosystem of smart device applications has been created to assist you to claim your data as an asset and monetize it securely as well as safely while maintaining complete control over what, when and why you share your data, subject to the terms of the Agreement (as defined below). When using Aiisma’s applications you can choose to share continuous data streams or share with select projects relevant to your demographic & social profile. Data projects clearly list why the information is sought, what it will be used for and how much are you rewarded for it. The decision to participate is entirely yours.
Aiisma, Inc provides this website, our software applications and the data, information, tools, updates and similar materials delivered or provided by us (collectively, the “Services”) subject to your agreement to and compliance with the conditions set forth in this Terms and Conditions Agreement (the “Agreement”). This Agreement sets forth the legally binding terms and conditions governing your use of the Services. By using the Services or otherwise entering into this Agreement, you are creating a binding contract with us. If you do not agree to these terms and conditions, you may not use the Services.
We hereby grant to you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to access and use the Services and materials thereon that are intended to be displayed publicly so long as you are in compliance with all of the terms and conditions of this Agreement and all incorporated documents. You hereby agree that this is a grant of a license, not a transfer of title. You are not granted any rights that are not explicitly granted. The following additional terms are incorporated into this Agreement as if fully set forth herein:
If this Agreement is inconsistent with any other written policies, terms, and agreements relating to any Service, the written guidelines, policy, terms, and agreements relating to the specific service shall govern. Nothing in this Agreement will be deemed to confer any third-party rights or benefits.
We may revise or update this Agreement by posting an amended version through the Services and/or otherwise making a good faith effort to make you aware of the revisions. Your use of the Services following an update to this Agreement (or other acceptance method) is considered acceptance of the updated Agreement. If you do not accept the changes, you must stop using the Services. Any amendment to this Agreement is effective immediately upon posting.
To use the Service, you must be at least the age of majority as determined by the laws of your jurisdiction or use the Service with verifiable parent or guardian consent. If you are using the Services on behalf of any entity, then you are agreeing to this Agreement on behalf of that entity and will be liable for all actions taken under that account. If you do not meet these requirements or do not agree with this Agreement, you must not access or use the Services.
Some parts or all of the Services may not be available to the general public, and we may impose eligibility rules from time to time. We reserve the right to amend or eliminate these eligibility requirements at any time. Use of the Services may cause you to incur data charges from your provider.
You own your Data at Aiisma at all times. You choose what data you share by opting into opportunities in the Aiisma app or service, which will each have distinct details about how your data will be used.
Your use of the Services is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct. You agree that you will not violate any applicable law or regulation in connection with your use of the Services. Without limiting the foregoing, you agree that you will not make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
You agree not to distribute, upload, make available or otherwise publish through the Services any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, or materials similar thereto (“Submissions”) or graphics, text, information, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (“Content”) that:
You must keep your username and password and any other information needed to login to the Services, if applicable, confidential and secure. We are not responsible for any unauthorized access to your account or profile by others.
You further agree that you will not do any of the following:
You are not licensed to access any portion of the Services that is not public, and you may not attempt to override any security measures in place on the Services.
Notwithstanding the foregoing rules of conduct, our unlimited right to terminate your access to the Services shall not be limited to violations of these rules of conduct.
Site visitors and users of our other Services may have the opportunity to publish, transmit, submit or otherwise post comments, Feedback (defined below), photos, or other materials via the Services (“User Generated Material”) that may be accessible and viewable by the public or others. With respect to any User Generated Material posted by you, you represent that (i) you created and own the rights to the content, or you have the owner’s express permission to post such content; and (ii) the content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks, rights of publicity or privacy rights) or violate any applicable laws, rules or regulations, these Terms, or any of our other posted policies. Additionally, User Generated Material must not:
You are solely responsible for your User Generated Material and the consequences of posting it online. You assume all risks associated with dealing with other users with whom you come in contact through the Services, and, to the extent that the law permits, you release us from any claims or liability related to any User Generated Material posted via the Services and from any claims related to the conduct of any other users. We reserve the right, but have no obligation to, monitor, review, screen, post, remove, reject, modify or store User Generated Material at any time and for any reason without notice. We may refuse, alter, or remove User Generated Material without notice for any reason at our sole discretion. We do not endorse any User Generated Material, and the User Generated Material posted does not reflect our opinions, views or advice. We take no responsibility and assume no liability for any User Generated Material that you or a third party posts or sends on or through the Services, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
In consideration for your use of the User Generated Material features, you grant to us an irrevocable, worldwide, royalty-free, fully-paid, sub-licensable, perpetual license to use, reproduce, make derivative works from, distribute, publish, display, or perform such User Generated Material in whole or in part, by any and all means and media, in connection with advertising, marketing and promoting us, our products and Services. You acknowledge that we may modify the User Generated Material for any purpose. However, we have no obligation to use any User Generated Material, and our use of any User Generated Material does not create or imply any endorsement of or affiliation with you.
We reserve the right to deny all or some portion of the Services to any user, in our sole discretion, at any time. Without limiting the foregoing or assuming additional legal obligations, we have a policy of terminating repeat violators of the Copyright Act, in accordance with applicable law.
All grants of any rights from you to us related to Content, Submissions, or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. Further, your representations, defense and indemnification obligations survive any termination of this Agreement.
Copyrights. All content included in the Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property or the property of our content suppliers and protected by U.S. and international copyright laws. The compilation of all content on the Services is our exclusive property and protected by U.S. and international copyright laws. All software used on the Services is our property or the property of our software suppliers and protected by U.S. and international copyright laws.
Trademarks. AIISMA, AIISMA.COM, AIISMA, INC., and other Services graphics, logos, page headers, button icons, scripts, and service names are our trademarks, registered trademarks, or trade dress in the U.S. and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not owned by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear in connection with the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
License and Site Access. We grant you a limited license to access and make personal use of the Services and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of the Services’ content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services’ content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Services’ content or any portion of such content may not be reproduced, duplicated, copied, sold, resold, assigned, sub-licensed visited, or otherwise exploited for any purpose, including commercial purposes, without our express written consent. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us.
Feedback. You may from time-to-time provide us certain materials, communications, suggestions, comments, improvements, ideas or other feedback related to the Services (“Feedback”). You hereby additionally grant to us all rights, titles and interests in and to any Feedback. In the event this grant is not sufficient for us to fully realize and use the Feedback, you grant us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into the Services any of the Feedback. By providing Feedback, you are representing that the Feedback is not subject to any intellectual property claim by a third party or any license terms which would require products or services derived from that Feedback to be licensed to or from, or shared with, any third party.
If you have any problems, please contact us at firstname.lastname@example.org and we will try our best to address your problem if you have a good faith complaint.
If you believe in good faith that any material posted on our Services infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:
Please be advised that we will not respond to complaints that do not meet the requirements above. If we determine that the materials alleged to infringe your rights do not require removal, we will remove those materials only pursuant to a court order that declares the content or use of the materials unlawful.
Suite 220, 7455 Arroyo Crossing Pkwy
Las Vegas, Nevada 89113, USA
You understand that by sharing information on the Services, and requesting information to be sent through the Services, you may be revealing information about yourself. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials, and you agree that we shall not be held responsible, and we shall be released and held harmless by you from any liability or damages arising out of such conduct.
You are responsible for controlling the access to and use of your account. Always make sure that your password is kept confidential. You understand and agree that we may assume instructions from an individual associated with your account are authoritative and should be acted upon by us. We are not responsible for any unauthorized access to your account or profile, and any ramifications of such access, and we are not required to take action to disable any account. You agree that you will not bring any actions against us arising out of or related to any claimed unauthorized access using your account credentials..
In connection with your use of the Services, you agree that we may send you service announcements, administrative messages, notifications, offers, promotions, affiliate information and other important information. You may opt out of some of those communications by clicking the “unsubscribe” button on the bottom of all emails sent from us to you. However, there are certain material transactional or data privacy emails you may not opt out of. Additionally, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You may be able to link to third-party websites from the Aiisma Service. Or, you may choose to share your data via Aiisma with third-party organizations, such as partners or online services with no relationship to Aiisma (collectively, “Linked Sites”) through, for example, automatic form-filling or granting access to your data. Aiisma does not control Linked Sites in any way, and Aiisma is not responsible for the content, availability, advertising, products, information, or additional links, use of user information, security or privacy policies and practices, or materials of any such Linked Sites. Such links do not imply Aiisma endorsement of or association with the Linked Sites. In some cases, you may have an independent relationship with a Linked Site by virtue of being an existing customer or member of the third-party organization.
In no event shall Aiisma be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of Linked Sites, the information or material accessed/imported through Linked Sites, or information shared from your account with Linked Sites through the Aiisma Service.
Aiisma reserves the right, at its discretion at any time, to deny any request, or rescind any permission granted, to link to the Aiisma Service, and to require termination of any such link.
Section headings are for convenience only and have no legal or contractual effect. If the terms and conditions of these Terms and section headings, the terms and conditions shall prevail.
If any provision of this Agreement is found for any reason to be unlawful, void, or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
We may update this Agreement at any time, in our sole discretion. Your continued use of the Services after the update shall constitute an agreement to the updated terms. You do not have the right to modify the Terms and Conditions. If you disagree with the updated Agreement, you must cease using the Services.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Services.
We may assign this Agreement, in whole or in part, to any person or entity at any time without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you shall be automatically null and void.
Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition, or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
All notices given by you or required under this Agreement shall be in writing and emailed to: email@example.com.
This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Services, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.n.
All provisions of these Terms that, by their nature, should survive any termination or expiration of these Terms shall survive any termination or expiration. Any termination or expiration of these Terms shall not relieve you of any obligations that may have arisen or accrued prior to such termination or expiration or limit any liability you otherwise may have to Aiisma, including, without limitation, any indemnification obligations contained herein.
We cannot guarantee the Aiisma system will run perfectly 100% of the time. We will address bugs and flaws as quickly as possible to optimize your experience. If our service contains an inaccuracy or error, we reserve the right to correct any such errors and to change and/or update information at any time without prior notice.
Aiisma.com does not offer advice in legal, medical, financial, investment, or any other category. Please contact a professional if you have such questions.
If you choose to get paid for licensing your data there could be potential tax implications depending on the geography you are based in. Also, depending on the geography you are based in some of these can be deducted at source while others you as the user will be responsible for. Our financial teams are only responsible for our compliance and issuing relevant certificates where needed. You are individually responsible and liable for personal tax liabilities if any.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES AND ITS CONTENT IS AT YOUR OWN RISK. THE SERVICES AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENT OR WARRANT THAT THE SERVICES OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
You agree to defend, indemnify and hold us and our suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Submissions or Content you submit, post, or transmit through the Services (b) your use of the Services, (c) your violation of the Agreement, and (d) any conduct, activity or action which is unlawful or illegal under any state, federal, or common law, or any conduct that violates the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Services.
To the maximum extent permitted by applicable law and regardless of whether any remedy fails of its essential purpose, in no event shall Aiisma or its agents, officers, directors, employees, successors, assigns, or affiliates be liable for personal injury, or any incidental, special, indirect, consequential, or punitive damages, whatsoever, including, without limitation, damages for loss of profits, lost time, lost savings, lost data, damaged data, inaccurate data, lost confidential or other information, or for business interruption or any other commercial damages or losses arising out of, or related to, your use or inability to use the Services, however caused, regardless of the theory of liability (tort, contract, or otherwise) and even if Aiisma has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability on implied warranties, or limitations of liability for consequential or incidental damages, so these limitations may not apply to you. In no event shall Aiisma’s total liability for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of monies paid for your access to the Services. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You agree that any claim or dispute arising out of or relating in any way to the Services will be resolved solely and exclusively by referring the dispute for arbitration, rather than in a court of law, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. The laws of the District of Las Vegas, Nevada, the United States of America shall govern this Agreement, and shall be used in any arbitration proceeding.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim in detail to the following address: Suite 220, 7455 Arroyo Crossing, Las Vegas, Nevada, USA 89113.
Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect, and shall be located in Las Vegas, Nevada. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
You and us agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and us agree that parties have each waived any right to a jury trial.
Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights, without the necessity of posting a bond.
To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Services, or to us, may only be brought by you in a state or federal court located in District of Las Vegas, Nevada. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN THE DISTRICT OF NEVADA. EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY TRANSACTION CONTEMPLATED HEREBY.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.