Aimee Pop End User License Agreement (EULA)
Last Updated: 10/9/2024
This End User License Agreement (“Agreement”) is between Aimee Says Inc., located at 3046 Perry St., Denver, Colorado 80211 (“Aimee Says”), and the organization (“Organization”) that embeds the Aimee Pop chatbot (“Service”) on its website. By embedding or using the Service, the Organization agrees to be bound by the terms of this Agreement.
1. Definitions
- Service: The Aimee Pop chatbot, an embeddable tool provided by Aimee Says to support survivors of domestic abuse.
- Organization: The entity embedding and using the Service on its website.
- Agreement: This End User License Agreement between Aimee Says and the Organization.
2. License Grant
Aimee Says grants the Organization a non-exclusive, non-transferable license to embed and use the Service solely for supporting survivors of domestic abuse. The Organization shall not resell, sublicense, or otherwise distribute the Service to any third party.
3. Donation and Value
The Service is donated to the Organization at a value determined solely by Aimee Says. The Organization acknowledges and accepts this donation without any obligation of payment.
4. Use of the Service
The Organization agrees to:
- Use the Service only for its intended purpose of supporting survivors of domestic abuse.
- Ensure that users accept Aimee Says' terms and conditions before initiating a chat with the Service.
- Not modify, alter, or create derivative works of the Service.
5. Data Privacy
- User Data: Aimee Says does not retain any user data, except as outlined below in section 6 - reporting. Aimee Says does not use customer data for artificial intelligence training or grant access to such data to its employees.
- User Terms: All users must accept Aimee Says' terms and conditions, which include strong privacy and data protection provisions.
- Reporting: Only aggregated, anonymized data will be used for reporting purposes.
6. Reporting
Aimee Says will provide the Organization with quarterly reports or as needed, including:
- Number of chats hosted.
- Number of messages exchanged.
- Duration of chats.
- Optional aggregated demographic data collected through user surveys (e.g., age bracket, race or ethnicity, gender identity).
7. Service Availability
Aimee Says will make best efforts to maintain 99% uptime for the Service, excluding planned maintenance outages. However, no guarantees are made regarding availability, and Aimee Says is not liable for any downtime.
8. Intellectual Property Rights
All intellectual property rights in and to the Service, including but not limited to copyrights, trademarks, and proprietary information, are owned by Aimee Says. This Agreement does not grant the Organization any rights to the intellectual property except as expressly set forth herein.
9. Modifications to the Agreement
Aimee Says reserves the right to modify this Agreement at any time without prior notice. Continued use of the Service by the Organization constitutes acceptance of any modified terms.
10. Limitation of Liability
To the maximum extent permitted by law, Aimee Says' total liability to the Organization for any claims arising under this Agreement or related to the use of the Service is limited to one hundred U.S. dollars (USD $100). In no event shall Aimee Says be liable for any indirect, incidental, consequential, or punitive damages.
11. Termination
Aimee Says reserves the right to terminate the Service for the Organization or all organizations at any time, for any reason, without notice. Upon termination, the Organization must immediately cease using and embedding the Service.
12. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions.
13. Severability
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remainder of the Agreement shall remain in full force and effect.
14. Entire Agreement
This Agreement constitutes the entire understanding between Aimee Says and the Organization regarding the Service and supersedes all prior agreements, understandings, or representations.
By clicking "Accept" or embedding the Service, the Organization acknowledges that it has read, understood, and agrees to be bound by the terms of this Agreement.
