Terms of Service

Last Updated July 23, 2025

Acceptance of Terms

BY CLICKING “I AGREE,” REGISTERING FOR AN ACCOUNT, DOWNLOADING THE APP OR ANY UPGRADES, USING THE APP ON YOUR DEVICE, OR ACCESSING THE SERVICES, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU REGISTER WITH THE SITE OR APP.

IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO USE THE SERVICES.

Privacy Policy

Any personal data you submit to the us or which we collect about you is governed by our Privacy Policy (“Privacy Policy”), available here.

You acknowledge that by using the Services, you have reviewed the Privacy Policy.

The Privacy Policy is incorporated by reference into these Terms of Service and together form and are hereinafter referred to as this “Agreement.”

Effective Date and Authority

These Terms of Service are effective as of the date you first click “I agree” (or similar button or checkbox) or use or access the Services, whichever is earlier.

If you accept or agree to these Terms of Service on behalf of your employer or another legal entity, you represent and warrant that (i) you have full legal authority to bind your employer or such entity to these Terms of Services; (ii) you have read and understand these Terms of Service; and (iii) you agree to these Terms of Service on behalf of the party that you represent. In such event, “you” and “your” will refer and apply to your employer or such other legal entity.

PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND AIGTH CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.

RESIDENTS OF THE EUROPEAN ECONOMIC AREA (EEA) ARE PROHIBITED FROM USING AIGTH AND MUST CEASE USE IMMEDIATELY.

Age and legal capacity

You must be at least 17 years old to use AIGTH. By accessing or using the Services, you represent and warrant that you are at least 17 years of age and have the legal capacity to enter into this agreement. If you are under 18, you affirm that you have obtained parental or legal guardian consent. If you are a parent or legal guardian and permit your minor to use the Services, these Terms apply to you, and you are responsible for their activity on AIGTH. Users located in the European Economic Area (EEA) are prohibited from using the Services and must cease access immediately. Only use AIGTH if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of AIGTH has been provided to us.

Our Services

We provide a community based social messaging platform. We are not affiliated with or connected to any institution or educational institution that may be tagged on the platform. The views expressed within AIGTH community do not represent the views of AIGTH the organization. Individuals accessing this platform that do not meet our community guidelines are expressly prohibited from creating accounts, accessing, or interacting on AIGTH in any capacity. Misrepresenting your age to access AIGTH’s Services constitutes a violation of these Terms and may be considered a form of fraud or deception, which is illegal in many jurisdictions. AIGTH reserves the right to terminate accounts and take appropriate action if it is discovered that a user has lied about their age. Any account found in violation of this policy will be permanently suspended and repeated or intentional violations may result in further legal action to protect our community. If you are a resident of the European Economic Area (“EEA”), you may not use AIGTH and must immediately terminate your use of our platform and service.

Account, Password, and Security

By registering for and using AIGTH’s Services, you agree to provide and maintain accurate, current, and complete information as requested during registration, and to promptly update your Account information whenever necessary. You acknowledge that you are the sole authorized user of your Account and are fully responsible for maintaining the confidentiality of all credentials, including login information, passwords, and account numbers issued by AIGTH or created by you. While AIGTH employs security measures to protect your account and content, it does not guarantee immunity from unauthorized access. You are strongly encouraged to keep your SMS authentication code private. AIGTH disclaims any liability for unauthorized access or use of your Account. If you suspect any unauthorized use or security breach, you agree to notify AIGTH immediately at help@aigth.net. The individual who registers for the Services (“Account Owner”) is the contracting party and solely responsible for compliance with these Terms. If registering on behalf of an organization or employer, that organization will be the Account Owner, and the registrant warrants authority to act on its behalf. If you are under 18, you may only register with the consent of a parent or legal guardian, who will then be the Account Owner and responsible for these Terms. Accounts are non-transferable and must not be shared. You agree to maintain the confidentiality of your login credentials and notify AIGTH immediately of any suspected unauthorized access. AIGTH requires an initial software download to your device. By using the Services, you consent to automatic software updates, which remain subject to these Terms and AIGTH’s policies.

SMS Messaging and Mobile Number use

By providing your mobile number, you consent to receive SMS messages and phone calls from AIGTH, which may be sent using an autodialer or prerecorded voice, for purposes including but not limited to account registration, authentication, service updates, promotional messages, and other notifications. These messages may also include invitations sent by other users via SMS. Standard message and data rates may apply. You are responsible for any charges imposed by your wireless carrier, and AIGTH disclaims all liability for delayed or undelivered messages due to carrier limitations, device compatibility, or technical issues. You may opt out of SMS messages at any time by replying “STOP” to any message or texting “STOP” to (567) 339-3866. To opt out of voice calls, notify us during the call or email help@aigth.net. We may send you a confirmation message after any opt-out request. Please note that SMS functionality is required for certain features of the Services. Disabling SMS may limit your ability to fully use AIGTH. If you re-register for the Services, you may be required to provide a new opt-in.

User Generated Content

User Generated Content refers to any content, information, or materials, whether textual, audio, visual, links, or otherwise, that you provide, submit, upload, publish, or otherwise make available on or through the Services, including to other users. You are solely responsible for any User Generated Content you provide, and AIGTH acts only as a passive conduit for its distribution and publication. You acknowledge and agree that AIGTH does not endorse, verify, or assume responsibility for any User Generated Content and does not proactively moderate or screen such content. Your use of or reliance on any User Generated Content is at your own risk, and AIGTH expressly disclaims any liability arising from it. You further acknowledge that AIGTH is not responsible for any disputes, claims, or legal issues resulting from User Generated Content shared by others. To the fullest extent permitted by law, you waive any claims against AIGTH relating to User Generated Content.

You hereby represent and warrant to AIGTH that your User-Generated Content will:

• Be false, misleading, inaccurate, or incomplete;
• Infringe upon any third-party rights, including copyright, patent, trademark, trade secret, proprietary rights, publicity rights, or privacy rights;
• Violate any applicable law or regulation, including those related to export control, consumer protection, unfair competition, discrimination, false advertising, spam, or data privacy;
• Be unlawful, threatening, abusive, harassing, violent, defamatory, obscene, or hateful;
• Include sexually explicit material involving minors, or otherwise be harmful to minors;
• Constitute unsolicited or unauthorized advertising or solicitation, including spam, chain letters, pyramid schemes, contests, or sweepstakes;
• Contain malware or malicious code, including viruses, Trojan horses, worms, or any software intended to damage, disrupt, intercept, or expropriate data or systems;
• Be deemed, at AIGTH’s sole discretion, offensive, disruptive, or harmful to other users or the Services;
• Impersonate any individual or entity, or misrepresent your affiliation with any person or organization;
• Promote or provide instructions for illegal activities or criminal conduct;
• Solicit personal information from other users without proper authorization;
• Advertise or offer goods or services without AIGTH’s express consent;
• Imply any affiliation with or endorsement by AIGTH, including misrepresenting yourself as an employee, agent, or representative; or
• Expose AIGTH to liability or risk the loss of service from its providers or partners.

AIGTH reserves the right to remove or alter any User-Generated Content, or to modify its usage on AIGTH, for any reason, including content that violates these Terms or other applicable policies. AIGTH reserves the right to investigate and take appropriate legal action, at its sole discretion, against any user violating these provisions, including removing offending content, suspending or terminating accounts, and reporting such violations to law enforcement authorities.

By making User-Generated Content available through the Services, you hereby grant AIGTH a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, access, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, and otherwise exploit such User-Generated Content on, through, or by means of the Services. AIGTH does not claim ownership of your User-Generated Content. Nothing in this Agreement limits your rights to use, copy, or distribute your own content. However, content you share on AIGTH may remain accessible on the platform even after you delete your account. AIGTH may back up, archive, or retain your content for operational, legal, or compliance purposes. Additionally, AIGTH and other users may continue to store, display, reproduce, modify, create derivative works from, and distribute your content if it was previously shared with others on the platform.

Representations and Warranties

You represent and warrant that you are at least 17 years old. If you are using the Services on behalf of a company or other organization, you further represent that you have the authority to bind that entity to this Agreement.

Our Services are not directed to individuals under the age of 17, and we do not knowingly collect Personal Information from anyone under 17. If you are a parent or legal guardian and become aware that your child under 17 has provided Personal Information through our Services, please contact us at help@aigth.net so we can delete such information promptly. We encourage parents and guardians to monitor their children’s use of the internet and instruct them not to share Personal Information through our Services without permission. Should we discover that we have inadvertently collected Personal Information from a user under 17 in violation of this policy, we will take reasonable steps to delete that information.

You further represent and warrant that (i) you have read, understand, and agree to be bound by these Terms of Service, Privacy Policy, and our community guidelines in order to access and use the Services, (ii) you will act professionally and responsibly in your interactions with other users, and (iii) when using or accessing the Services, you will act in accordance with any applicable local, state, or federal law or custom and in good faith.

You agree not to engage in any of the following prohibited activities, among others:

• copying, distributing, or disclosing any part of the Services in any medium other than as allowed by the Services and these Terms of Service;
• using any automated system (other than any functionalities of the Services), including without limitation "robots," "spiders," "offline readers," etc., to access the Services;
• transmitting spam, chain letters, or other unsolicited email or attempting to phish, pharm, pretext, spider, crawl, or scrape;
• attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;
• violating any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• conducting any unlawful purposes or soliciting others to perform or participate in any unlawful acts;
• uploading invalid data, viruses, worms, or other software agents through the Services;
• infringing upon or violate our intellectual property rights or the intellectual property rights of others;
• impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
• harassing, insulting, harming, abusing, defaming, abusing, harassing, stalking, threatening, intimidating or otherwise violating the legal rights (such as of privacy and publicity) of any other users or visitors of the Services or staff member of AIGTH;
• interfering with or any activity that threatens the performance, security or proper functioning of the Services;
• uploading or transmitting viruses or any other type of malicious code;
• attempting to decipher, decompile, disassemble or reverse engineer any of the software or algorithms used to provide the Services;
• bypassing the security features or measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
• attempting to access unauthorized Accounts or to collect or track the personal information of others;
• engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.

If you are blocked by Company from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

• using the Services for any purpose or in any manner that infringes the rights of any third party; or
• obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service; and
• encouraging or enabling any other individual to do any of the foregoing.

You hereby warrant and represent that, other than as fully and promptly disclosed to AIGTH as set forth below, you do not have any motivation, status, or interest which AIGTH may reasonably wish to know about in connection with the Services, including without limitation, if you are using or will or intend to use the Services for any journalistic, investigative, or unlawful purpose. You hereby warrant and represent that you will promptly disclose to AIGTH in writing any such motivation, status or interest, whether existing prior to registration or as arises during your use of the Services.

Mobile App Updates

By installing the App, you consent to the installation of the App and any updates or upgrades that are released through the Services. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with AIGTH’s servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored your device, and (iii) collect personal information as set out in our Privacy Policy, including location information. You can uninstall the App at any time by going into the app, clicking Edit Profile › Manage Account › Delete Account.

Fees

If any portion of the Service requires payment, you must select a payment plan and submit valid payment information through Apple App Store (“App Provider”). You represent and warrant that the payment information you provide is accurate and that you are authorized to use the payment method. You agree to promptly update your Apple account with any changes such as billing address or payment method expiration. You agree to pay AIGTH according to the terms of your selected payment plan and these Terms of Service. If your plan includes an automatically renewing subscription, you authorize Apple to charge your payment method in advance on a periodic basis until you cancel. You are responsible for all applicable taxes related to your use of the Service. You must notify AIGTH within thirty (30) days to dispute any charge. AIGTH reserves the right to change prices at any time without prior notice. New prices will be displayed via the Service or Apple App Store. Changes to in-app currency value or price do not entitle you to refunds or compensation. Continued use after price changes constitutes acceptance of the new pricing. Purchases on AIGTH have no real monetary value and are solely for in-app use. AIGTH is not liable for any inability to use purchases within the Service.

Automatic Renewal and Cancellation

Subscriptions purchased via Apple App Store automatically renew until canceled. To avoid renewal charges, cancel at least 24 hours before the end of the current billing period via your Apple subscription settings. After cancellation, subscription access continues until the end of the paid period. Apple processes all subscription payments; you are responsible for maintaining accurate payment details with Apple. Payment failures may suspend your subscription access until resolved. AIGTH is not liable for failed or delayed payments due to invalid payment information. To resume subscription features after cancellation, a new subscription purchase may be required, subject to current pricing and terms.

Refund Policy

Refunds are handled solely by the App Provider, not AIGTH. To request a refund, follow App Provider’s refund procedures (e.g., Apple Support). AIGTH does not provide refunds or credits for subscription fees or in-app purchases, including unused subscription periods. You are not entitled to refunds for service unavailability, defects, or delays.

Changes to Subscription Plans and Features

AIGTH may modify or discontinue subscription plans, features, pricing, or terms at any time without liability. AIGTH is not responsible for any damages or losses resulting from interruptions, delays, or failures in subscription access or features.

Affiliation and Representation

AIGTH is independent and not affiliated, associated, authorized, endorsed by, or otherwise connected to any institution or educational institution. Content posted on AIGTH reflects solely the views of individual users and does not represent the views, statements, or endorsements of AIGTH, its staff, affiliates, or any educational institution, including any institution’s officers, trustees, faculty, or students. No content on AIGTH should be interpreted as supported or endorsed by any educational institution. If you have concerns about specific content on AIGTH, you may report it by contacting help@aigth.net. Requests for content removal will be evaluated case by case and at AIGTH’s sole discretion. You understand and agree that any content removal by AIGTH does not create precedent, and future actions will continue to be determined solely at AIGTH’s discretion, regardless of actions previously taken. Educational institutions have no access to, control over, or ability to modify content posted on AIGTH. Any names, logos, trade dress (such as institutional colors), marks, emblems, or images related to educational institutions are trademarks of their respective owners and are used without permission or license.

Termination and Suspension

Unless otherwise agreed in writing, either you or AIGTH may terminate these Terms of Service at any time, with or without cause. You may cancel and delete your account at any time by using available features within the Services or by providing written notice to help@aigth.net. Upon cancellation, you will lose access to your account, profile, and any information within the Services. Certain provisions of these Terms of Service, including disclaimers of warranties, limitations of liability, and indemnification, are intended to survive termination and will remain in effect indefinitely. AIGTH reserves the right to refuse service to anyone for any reason at any time. If AIGTH believes or is investigating a potential violation of these Terms, it may terminate or restrict your access to the Services. This action will be effective immediately upon delivery of notice by email or other written communication. If your access is terminated or restricted, you are prohibited from creating a new account under your name, a false or assumed name, or the name of any third party, even if acting on behalf of the third party. Even after your access to the Services has been terminated or restricted, these Terms of Service remain enforceable against you. AIGTH reserves the right to pursue appropriate legal remedies, including but not limited to arbitration as set forth in Section 14 of these Terms of Service. AIGTH reserves the right to modify or discontinue any portion of the Services, temporarily or permanently, at its sole discretion, and is not liable for any resulting modification or discontinuance. AIGTH also reserves the right to restrict any individual from completing user registration if it determines, in its sole discretion, that such restriction is necessary to protect the safety or integrity of the Services, or for any other reasonable business concern. Following the termination or cancellation of your account, AIGTH reserves the right to delete all associated data, including User Generated Content, in the ordinary course of operations. Your data cannot be recovered once your Account is terminated or cancelled.

Links to Third-Party Websites

The Services may contain links (for example, pasted on a poll) to third-party websites. Such links do not constitute endorsement by AIGTH or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Services as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. AIGTH does not control any such websites and is not responsible for their availability or accuracy, content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that AIGTH is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that AIGTH has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Services at its sole discretion. The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. AIGTH expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Services. You hereby agree to hold AIGTH harmless from any liability that may result from the use of links that may appear on the Services.

Intellectual Property Rights

Ownership of Content

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces, and other content (collectively, “Proprietary Material”) accessible through the Services are owned exclusively by AIGTH, except for User-Generated Content, which users license to AIGTH as described below. Proprietary Material is protected across all forms, media, and technologies now known or developed in the future. This includes AIGTH’s coordination, selection, arrangement, and enhancement of such materials as a Collective Work under U.S. copyright law.

Intellectual Property Protections

The Proprietary Material and all related Intellectual Property Rights—including but not limited to copyrights, patents, trademarks, trade secrets, mask work rights, moral rights, rights of publicity, and service marks—are protected by domestic and international laws. You may not copy, download, modify, reproduce, retransmit, distribute, publicly display, create derivative works from, or use any Proprietary Material without AIGTH’s express prior written consent, except as expressly permitted in these Terms.

User-Generated Content License

By submitting User-Generated Content, you grant AIGTH a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, display, and modify such content in connection with the Services.

Trademarks

The names, logos, service marks, trademarks, designs, slogans, and trade names associated with AIGTH (including the “horns” design) are owned by AIGTH or its affiliates and licensors. Other trademarks appearing on the Services are the property of their respective owners. Unauthorized use of any trademark or service mark is strictly prohibited.

User Feedback and Submissions

You may choose to, or we may invite you to, submit comments, ideas, suggestions, or other feedback related to the Services (“Feedback”). By submitting Feedback, you acknowledge and agree that:

• Your Feedback is provided voluntarily, unsolicited, and without any expectation of compensation or confidentiality.
• You grant AIGTH a perpetual, irrevocable, worldwide, royalty-free, fully transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback in any form, media, or technology now known or later developed.
• AIGTH may use Feedback for any purpose, including improving the Services, developing new products or services, or sharing with third parties.
• Your submission of Feedback does not create any fiduciary duty or other obligation on the part of AIGTH.
• AIGTH retains the right to use similar or related ideas and materials previously known, developed internally, or obtained from other sources without restriction.
• Any emails, messages, or other communications you send to AIGTH will become the sole and exclusive property of AIGTH.

License to Use the Services

Subject to these Terms, AIGTH grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your personal, non-commercial use. This license may be terminated at any time, with or without cause.

Restrictions on Use

Except as expressly permitted, you agree not to:

• Copy, modify, create derivative works from, distribute, sell, lease, sublicense, publicly display, perform, or transmit any part of the Services or Proprietary Material.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying structure of the Services or software, except where expressly permitted by law or with prior written consent from AIGTH.
• Use any content, trademarks, or materials for commercial purposes without prior written permission.
• Remove or alter any proprietary notices or labels on the Services or content.

Termination of Rights

AIGTH reserves the right to terminate or suspend your access to the Services and revoke your license immediately if you violate any of these Terms or applicable guidelines.

Copyright Complaints and Copyright Agent

Our Service is protected by copyrights, trademarks and other proprietary rights, and may not be used for any purpose or in any manner that infringes the rights of any third party. We encourage you to report any content on AIGTH that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on AIGTH infringes your copyright, trademark, or other intellectual property rights, please read below for how to submit your complaint.

In accordance with the Digital Millennium Copyright Act of 1998 (the 'DMCA'), AIGTH has a designated agent for receiving notices of copyright infringement and AIGTH follows the notice and take-down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide AIGTH's copyright agent the following information required by the DMCA, 17 U.S.C. ß 512:

• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (e.g., the community of the post, and a screenshot of the poll);
• information reasonably sufficient to permit us to contact the complaining party;
• a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that any content on AIGTH violates your rights other than copyrights, please provide AIGTH with at least the following information:

• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (e.g., the community of the post, and a screenshot of the poll);
• an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and
• accurate contact information for you.

Please send your notice of claims of copyright infringement on or regarding AIGTH or other complaint regarding alleged violation of rights to AIGTH's copyright agent, who can be reached as follows:

ATTN: Copyright Manager at Pollchat LLC
Phone: (567) 339-3866
Email: help@aigth.net

It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any purportedly infringing material. We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.

Confidential Information

You acknowledge and agree that Confidential Information (as defined below) is a valuable, unique, and proprietary asset of AIGTH. You agree to maintain the confidentiality of such information and not to disclose, use, transfer, or permit the use or disclosure of Confidential Information for any purpose other than to access and use the Services as expressly permitted under these Terms of Service. You may disclose Confidential Information only to your authorized employees, agents, or contractors who have a strict need to know and who are bound by confidentiality obligations at least as restrictive as those set forth herein. You remain responsible for any breach of this confidentiality obligation by such parties. You shall promptly notify AIGTH in writing upon becoming aware of any unauthorized disclosure, access, use, or loss of Confidential Information, and shall cooperate fully with AIGTH to mitigate any harm or prevent further unauthorized disclosures. You agree to exercise at least the same degree of care to protect Confidential Information as you would with your own confidential information, but in no event less than reasonable care. Upon termination or expiration of this Agreement, or at AIGTH’s request, you shall immediately return or destroy all materials, documents, and any other media containing Confidential Information, including all copies, summaries, or extracts thereof.

For the purposes of this Agreement, “Confidential Information” means all information disclosed by AIGTH, whether orally, in writing, electronically, or by inspection, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. This includes but is not limited to technical data, know-how, inventions, trade secrets, business strategies, marketing plans, financial information, customer and supplier information, software, designs, processes, product roadmaps, research and development, employee information, and other proprietary data related to AIGTH’s business, operations, or affiliates, whether or not marked or identified as confidential. Confidential Information does not include information that (i) is or becomes publicly available without breach of this Agreement, (ii) is already known to you at the time of disclosure without restrictions on use or disclosure, (iii) is rightfully received from a third party without breach of any obligation of confidentiality, or (iv) is independently developed without use of or reference to AIGTH’s Confidential Information.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AIGTH MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICES OR ANY SITES LINKED TO AIGTH, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO INTERRUPTIONS OR DELAYS IN SERVICES; (V) FAILURE TO STORE OR TRANSMIT ANY CONTENT OR DATA, OR THE DELETION OF ANY STORED CONTENT OR DATA. UNDER NO CIRCUMSTANCES WILL AIGTH AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY AIGTH, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT AIGTH AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LOWER OF (I) THE TOTAL FEES PAID BY YOU TO AIGTH DURING THE SIX MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE OR (II) ONE HUNDRED DOLLARS ($100), TO THE EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, THE CONTENT OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

Indemnification

You hereby agree to indemnify, defend, and hold harmless AIGTH and its officers, directors, employees, members, affiliates, agents, attorneys, insurers, successors and assigns (the “Indemnified Parties”) from and against any and all Liabilities incurred in connection with (i) your use or inability to use the Services, or (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any user or third party and (iv) any content submitted by you or using your Account to the Services, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to indemnify the Indemnified Parties for any Liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. AIGTH reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of AIGTH. Our right to indemnification survives any cancellation, termination, deletion or suspension of your AIGTH account.

Dispute Resolution – Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND AIGTH CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND AIGTH TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

You agree that, in the event any dispute or claim arises out of or relating to your use of the Services, you will contact us at help@aigth.net and you and AIGTH will attempt in good faith to negotiate a written resolution of the matter directly. You agree that if the matter remains unresolved for 30 days after notification (via certified mail or personal delivery), such matter will be deemed a “Dispute” as defined below. Except for the right to seek injunctive or other equitable relief described under the “Binding Arbitration” section below, should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys' fees, even if you may have been entitled to them otherwise.

Binding Arbitration. You and AIGTH agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Services (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and AIGTH both agree to waive the right to a trial by jury. Notwithstanding the foregoing, you may bring a claim against AIGTH in “small claims” court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non-class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.

Class Action Waiver. You and AIGTH agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that you and AIGTH both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and AIGTH agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person’s claims and may not preside over any form of class action proceeding.

Arbitration Administration and Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution’ section. (The AAA Rules are available athttp://www.adr.orgor by calling the AAA at 1-800-778-7879).

Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware and will be selected by the parties from the AAA’s roster of arbitrators with relevant experience. If the parties are unable to agree upon an arbitrator within seven days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.

Arbitration Location and Procedure. Unless you and AIGTH agree otherwise, the seat of the arbitration shall be in the state of Delaware, If your claim does not exceed USD$10,000, then the arbitration will be conducted solely on the basis of documents you and AIGTH submit to the arbitrator, unless you request a hearing, and the arbitrator then determines that a hearing is necessary. If your claim exceeds USD$10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Hearings may be conducted by telephone or video conference, if requested and agreed to by the parties.

Arbitrator’s Decision and Governing Law. The arbitrator shall apply Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized by law. The arbitrator will render an award within the timeframe specified in the AAA Rules. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Fees. Each party’s responsibility to pay the arbitration filing, administrative and arbitrator fees will depend on the circumstances of the arbitration and are set forth in the AAA Rules.

Governing Law

Except as provided in Section 13 or expressly provided in writing otherwise, this Agreement and your use of the Services will be governed by, and will be construed under, the laws of the State of Delaware, without regard to choice of law principles. This choice of law provision is only intended to specify the use of Delaware law to interpret this Agreement.

No Agency; No Employment

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

Competitors

No employee, independent contractor, agent, or affiliate of any competing social media company is permitted to view, access, or use any portion of the Service without express written permission from Company. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Company or any of its affiliates, or acting on behalf of a competitor of Company in using or accessing the Service.

Apple App Store

The following terms and conditions apply to you only if you are using the AIGTH app from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the AIGTH app from the Apple App Store. You acknowledge and agree that these Terms are solely between you and the Company, not Apple, and that Apple has no responsibility for the AIGTH app or content thereof. Your use of the AIGTH app must comply with the App Store's applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the AIGTH app. In the event of any failure of the AIGTH app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the AIGTH app to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the AIGTH app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and the Company acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the AIGTH app or your possession and/or use of the AIGTH app, including, but not limited to: (a) product liability claims, (b) any claim that the AIGTH app fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and the Company acknowledge that, in the event of any third-party claim that the AIGTH app or your possession and use of that AIGTH app infringes that third party's intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third-party terms of agreement when using the AIGTH app. You and the Company acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the AIGTH app, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

General Provisions

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and AIGTH's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. This Agreement constitutes the complete and exclusive agreement between you and AIGTH with respect to its subject matter and supersedes and governs any and all prior agreements or communications. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the “Class Action Waiver” section, in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (i) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (ii) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (1) to a parent or subsidiary, (2) to an acquirer of assets, or (3) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement will inure to the benefit of AIGTH, its successors and assigns.

Changes to this Agreement and the Services

AIGTH reserves the right, at its sole and absolute discretion, to modify, amend, add to, or remove any portion of this Agreement, including these Terms of Service and Privacy Policy, at any time. AIGTH may also review, enhance, suspend, discontinue, or permanently change the Services or any content or features offered through the Services, with or without prior notice, and without any liability to AIGTH for such actions. You consent to receive any agreements, notices, disclosures, and other communications (“Notices”) related to this Agreement electronically, including by in-app notifications within AIGTH or by SMS message to the phone number associated with your account. You agree that all electronic Notices satisfy any legal requirement for written communication. Notices will be considered duly given when posted within the AIGTH app, sent via SMS, or when posted on the AIGTH website. Any modifications to this Agreement or new terms will become effective immediately upon posting. By continuing to access and use AIGTH, you irrevocably agree to be bound by any updated or modified terms. If any changes to this Agreement are unacceptable to you, or if you no longer agree to comply with the terms, you must immediately discontinue use of the Services. AIGTH also reserves the right to impose limits on specific features or restrict access to portions of the Services, with or without notice, and without any liability to AIGTH.

Commercial Use

Unless expressly authorized in these Terms or within the Service itself, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload any part of the Service or content therein for commercial purposes. The Service is provided solely for your personal, non-commercial use.

No Rights of Third Parties

None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement.

Severability

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and remaining provisions shall remain in full force and valid.

California Residents

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

Contacting Us

If you have any questions about these Terms of Service or about the Services, please contact us by email at help@aigth.net.