Last update: 1. 7. 2024

AiLuvio Terms of Use

Table of Contents

• Our services

• Privacy Policy

• Use of our services

• Payment terms

• License

• Reporting infringements of intellectual property rights

• Legal declarations and disclaimers

• Limitation of liability

• Dispute Resolution

• Availability and termination of our services

• Other provisions

• Access the AiLuvio Terms of Use in different languages

AiLuvio s.r.o. provides services to you in accordance with these Terms of Use and Privacy Policy.

Through the Internet and our Application, our company Ailuvio s.r.o. ("AiLuvio") provides you with the video conferencing and chat communication platform services called Ailuvio, which are further specified in these Terms of Use (also referred to as the "Services", which include the pronoun forms "our").

In order for us to provide our services through our app, services, features, software or website, we need to obtain your consent to these Terms of Use ("Terms").

Before using our Services, please read these Terms, which constitute a legally binding contract between AiLuvio and you, as a user of our Services, and by agreeing to these Terms, you are entering into a contract with AiLuvio for the use of our Services (the "Agreement"), of which the Terms are a part. If you do not agree to the Terms, you may not use the Services.

Our services

Privacy and Security Principles:Since the beginning of AiLuvio, we have built our services with a strong focus on privacy and security principles.

We allow you to connect and communicate with other people. We provide and continually try to improve the ways in which you can communicate with other users of our app, such as messaging, voice calls and video calls.

Safety and security of our services: we care about the safety and security of our services. This includes dealing appropriately with users who behave inappropriately and activities that violate our terms of use. We take steps to prevent abuse of our services, including harmful behavior towards others. When we become aware of such users or activities, we respond appropriately. We remove such users or activities or contact law enforcement authorities. Such removal of users is always done in accordance with the Availability and Termination of Our Services section below.

Making our services available: in order to operate our global services, we need to store and distribute content and information in clouds, repositories and systems located around the world. The use of this infrastructure is necessary to provide our services. This infrastructure may be owned or operated by third parties.

Registration:To use our services, you must register with accurate details, provide your email address or mobile phone number, and if you change it, you must update it using the number change feature available directly in the app. You agree to receive text messages and phone calls (from us or our third party providers) with the codes required to register for our services.

Directory: You may use the contact upload feature and, where permitted by applicable law, you may regularly provide us with phone numbers from your mobile phone address book, including those of users of our Services and your other contacts.

Age: The minimum age to use our Services is 15, or older if your country or territory requires it. If you are under 18, please ask your parent or guardian to read these Terms with you.

Equipment and software: In order to use our Services, you must provide certain connections to devices, software and data. Otherwise, we do not provide our services. In order to use our services, you agree to manually or automatically download and install updates to our services. You further agree that we will send you notifications from time to time through our Services that are necessary to provide our Services to you.

Fees and Taxes: you are responsible for all carrier data rates, internet charges and other fees and taxes associated with the use of our services.

Privacy Policy and User Data

AiLuvio cares about your privacy. AiLuvio's Privacy Policy describes our practices regarding data (including messages, voice calls, and video calls), such as the information we receive and collect from you, how we use and share that information, and what rights you have in connection with the processing of your personal information.

Use of our services

Terms and Conditions. You agree to use our Services in accordance with our Terms and Policies. If you violate our terms or policies, we may take certain actions against your account, such as blocking or suspending your account. If we do this, you agree not to create another account without our permission. We will block or suspend your account in accordance with the Availability and Termination of Our Services section below.

Legal and Acceptable Use: You may access and use our Services only for lawful, legitimate and acceptable purposes. When using our Services, you may not take any action that violates these Terms or any other terms and policies that apply to your use of our Services. For more information about the restrictions on your use of AiLuvio that we may impose, including information about how we use our policies, procedures, measures and tools, please see the document entitled AiLuvio Usage Policy, which you can find a link to on our Site.

Damaging AiLuvio or our users. You may not, directly, indirectly, by automated or other means, run, use, copy, adapt, modify, create derivative works from, distribute, license or sublicense, transmit, display, perform, or otherwise exploit our Services (or help others to do so) in any impermissible or unauthorized manner or in any manner that burdens, impairs, or harms us, our Services, our systems, our users, or anyone else. Among other things, you may not directly or by automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile or extract code from our Services; (b) send, store or transmit viruses or other harmful computer code through or to our Services; or (c) obtain or attempt to obtain unauthorized access to our Services or systems; (d) interfere with or disrupt the safety, security, confidentiality, integrity, availability, or functionality of our Services; (e) create accounts on our Services by unauthorized or automated means; (f) collect information from or about users in an impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our services or data obtained from us or our services in an unauthorized manner; (h) distribute or make our services available over a network where they can be used simultaneously on multiple devices, except as authorized by us using the tools we have expressly provided in our services; (i) create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorized manner; or (j) abuse reporting practices, such as by sending fraudulent or unwarranted reports or revocations.

Ensuring your account is secure: you are responsible for ensuring the safety and security of your device and AiLuvio account. You must notify us immediately of any unauthorized use or breach of security of your account or our Services.

Payment terms

Our services are charged according to the different subscription types, which are listed in our app or on the page here. Subscription payments for our services are made via Stripe. The payment terms of this application are set out here (https://stripe.com/en-hk/legal/spc). We may change the price list for our services at any time. However, we will give you at least 30 days' notice before doing so.

License

Your Rights: AiLuvio does not claim ownership of the information you submit to your AiLuvio Account or that you transmit through our Services. You must have the necessary rights and titles to the information you submit to your AiLuvio Account or disclose through our Services to grant the rights and licenses set forth in our Terms.

AiLuvio's rights: We own all copyrights, trademarks, domains, logos, trade secrets and other intellectual property rights related to our services. You may not use our copyrights, trademarks (or other similar), trademarks, domains, logos, trade secrets, or intellectual property rights without our express permission, and you must comply with the laws applicable to the protection of such rights.

Your AiLuvio license: In order to operate and provide our Services, you grant AiLuvio a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, create derivative works from, display and perform information (including Content) that you upload, post, store or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (for example, so that we can display your profile picture and account status report, transmit your messages and video calls, and store them on our servers for a period of time). You further assign to AiLuvio all rights relating to "output data," which is data related to the Customer's use of the Service, including statistical and performance information related to the operation of the Service

License granted to you by AiLuvio:

We do not grant you any license or other intellectual property right to any software, third party materials or other works that are part of our Services. All rights in our Services belong and shall remain vested solely in our AiLuvio, and all rights in third party materials belong to the respective providers of the third party materials. The User does not acquire any licenses or other rights, other than a non-exclusive and non-transferable license to use the Services in accordance with the Agreement. The authorization is limited to the term of the Agreement.

We reserve the right to make changes to the Service that we deem necessary or useful to improve its quality, efficiency or performance or to comply with applicable law.

Reporting infringements of intellectual property rights

If you unquestionably, seriously or repeatedly infringe another's intellectual property rights, including AiLuvio's Rights, or if required by law, we may take action against your account, including blocking or suspending it. The blocking or suspension of your account will be in accordance with the Availability and Termination of Our Services section below. To report infringement of a third party's copyrights, trademarks or other intellectual property, please contact support@ailuvio.com

Legal declarations and disclaimers

You use our services at your own risk and subject to the following legal notices. We provide our services "as is" without warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, legal title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that the information provided by us is accurate, complete or useful, that our services will be uninterrupted, error-free, secure or safe, or that our services will operate without interruption, delay or defect. We do not control (and are not responsible for controlling) how and when our users use our Services or the features, services and interfaces provided on our Services. We are not responsible for, and have no obligation to, review the actions or information (including content) of our users or other third parties. You release us and our officers, directors, employees, partners and agents (collectively, "AiLuvio Parties") from liability in connection with any action, complaint, claim, dispute or damage (collectively, a "Claim"), known or unknown, arising out of or in any way connected with any such Claim you have against any third party. Your rights as a party to AiLuvio are not affected by the foregoing statement, except as permitted by the laws of the country or territory in which you reside applicable in connection with your use of our Services.

Limitation of liability

AiLuvio shall only be liable to this extent:

AiLuvio shall be liable for damages for loss of life, limb or health, without limitation, in the event of intent or gross negligence, in accordance with the statutory provisions and in accordance with the Product Liability Directive[1] .

AiLuvio will provide you with services with due professional care. To the extent that we have exercised reasonable professional care, AiLuvio will not accept liability for losses not caused by our breach of these Terms or otherwise by our conduct; losses that are not reasonably foreseeable by us or you at the time of acceptance of these Terms; and for events beyond our reasonable control.

Dispute Resolution

If you are a consumer residing in your home country or territory, your claim against us arising out of or relating to these Terms or our Services, if any, based on your consumer rights guaranteed to you under the laws of your home country, will be governed by the laws of your home country. You may resolve your claim in any court of competent jurisdiction in your country or territory that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved in the competent court in the Czech Republic that has jurisdiction over the claim and that the laws of the Czech Republic, without regard to its conflict of law provisions, will govern these Terms and any claim.

Availability and termination of our services

Availability of our services:We are constantly trying to improve our services. This means that we may expand, add or remove our services, features, functionality and support for certain devices and platforms. It is possible that there may be an outage of our services, for example, due to maintenance, repairs, upgrades, or network or device failures. We may discontinue some or all of our services, including certain features and support for certain devices and platforms, at any time after a 14-day notice period, and no such notice is required in urgent situations, such as to prevent misuse, respond to legal requirements, or address security or uptime issues. Our services may be affected by events beyond our control, such as acts of God.

Termination: While we hope you will continue to use AiLuvio, you may terminate AiLuvio services at any time for any reason by deleting your account. Instructions for deleting your account can be found here https://ailuvio.com/delete_account

Our right to terminate the contract for good cause remains unaffected. Good cause shall be deemed to be a breach of law, third party rights or other breach of these terms by either party. The terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiry of the notice period, taking into account all the circumstances of the individual case and after considering the interests of both parties. Termination for good cause is only possible within a reasonable time after the other party has been found to have breached its obligations.

Where the important reason is a breach of an obligation under these Conditions, termination shall be permissible only after failure to cure within a specified period of time or after failure to warn. However, this shall not apply if the party in breach of its obligations seriously and finally refuses to perform its obligations or if, after considering the interests of both parties, special circumstances justify immediate termination.

In accordance with this section Availability and Termination of our Services, we may also change, suspend or terminate your access to our Services at any time due to suspicious or illegal conduct, such as fraud, or if we reasonably believe that you are violating our Terms or causing harm, risk, or potential legal consequences to us, our users, or anyone else. We may block or delete your account if it is not activated after registration or if it remains inactive for an extended period of time. If you remove your account, or if we remove or block your account, these Terms will cease to apply as a contract between you and us. However, the following provisions will survive termination of your relationship with AiLuvio: License, Legal Disclaimer and Release of Liability, Dispute Resolution, Availability and Termination of Our Services, and Other Provisions. If you believe your account has been terminated or suspended in error, please contact us at: support@ailuvio.com

Other provisions

• Unless otherwise specified in a contract between you and us, our Terms and Conditions constitute the entire agreement between you and us with respect to the Ailuvio Application and our Services and supersede any prior agreements.

• We reserve the right in the future to make certain of our services subject to special terms and conditions (which you may agree separately where applicable).

• Our Services are not intended for distribution to (or use in) any country or territory where such distribution or use would violate local laws or expose us to regulation in another country or territory. We reserve the right to restrict our services in such country or territory.

• You will comply with all applicable U.S. and non-U.S. export control and trade sanctions laws ("Export Laws"). You will not, directly or indirectly, export, re-export, provide or otherwise transfer our services to (a) any individual, entity, territory or country prohibited by the Export Laws; (b) anyone on the U.S. or other country's government restricted party lists; or (c) for any purpose prohibited by the Export Laws, including nuclear, chemical or biological weapons or the use of missile technology, without required government approval. You will not use or download our Services if you are located in a Restricted Country or Territory, if you are currently listed on the U.S. or other country's Restricted Party Lists, or for any purpose prohibited by export laws, and you will not mask your location by hiding your IP address using a proxy server or other methods.

• Any proposed change or exception to our terms and conditions requires our express approval.

• We are continually working to improve our services and develop new features to provide even better products to you and our community. Therefore, we may need to update these Terms and Conditions from time to time to reflect our services and practices. We will only make changes if the provisions are no longer appropriate or complete. Unless otherwise required by law, we will give you advance notice of changes to our terms (for example, through the Services) so that you can review the revised terms before they take effect. We will ensure that such changes are reasonable in relation to you and take your interests into account. In addition, we will update the effective date at the beginning of our Terms. When the updated Terms become effective, you will be bound by them if you continue to use our Services. We hope that you will continue to use our services, but if you do not agree to our terms once modified, you must delete your account and stop using our services.

• We may freely assign all of our rights and obligations under our Terms or in connection with a merger, acquisition, restructuring or sale of assets, or by operation of law or otherwise, to any Affiliate. In the event of such an assignment, we will only transfer your information in accordance with applicable law and will ask for your consent where necessary. Your relationship with that third party will continue to be governed by these terms and conditions. We hope that you will continue to use AiLuvio, but if you do not agree to such an assignment, you must delete your account and stop using our services upon notification of the assignment.

• You will not transfer your rights or obligations under our Terms to anyone else without our prior written consent.

• No provision in our terms will prevent us from complying with the law.

• Our terms and conditions do not grant any rights in favour of any third party other than as set out herein.

• If we do not enforce our terms, it will not be considered a waiver.

• If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, it will be deemed to have been modified to the minimum extent necessary to make it enforceable. If it cannot be made enforceable, it will be deemed severable from our Terms and will not affect the validity and enforceability of the remaining provisions of our Terms and our other Terms will remain in full force and effect.

• We reserve all rights not expressly granted to you. In some jurisdictions you may have legal rights as a consumer and our terms are not intended to limit such legal rights of consumers that cannot be contractually waived. In addition, in some jurisdictions you may have legal rights as a data subject and our terms are not intended to limit such rights that cannot be contractually denied.

• Your feedback and suggestions regarding AiLuvio and our Services are always appreciated, but you are under no obligation to provide feedback or suggestions, and we may use your feedback or suggestions without restriction and without obligation to compensate you for them.

Access the AiLuvio Terms of Use in different languages

You can access our terms in some other languages by changing your language settings in the AiLuvio app. If our terms are not available in your chosen language, we will show you the English version.

Please review these documents and those available on our website at www.ailuvio.com for more information about using our services:

Privacy Policy

Rules for using AiLuvio

 

 

[1] Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products