TERMS OF USE
Effective: September 10,2024
You expressly agree to accept and be bound by these terms of use ("Terms") with AIO App Inc.("AIO", "we", "us", or "our") when you ("you" or"your") access, engage, avail or use our Services. Please read these Terms carefully and contact us if you have any questions. These Terms, Privacy Policy, and the Arbitration Agreement constitute legally binding agreements between you and AIO which govern our relationship with you and your use of our Services. You will refrain from using our Services if you do not agree with these Terms or Privacy Policy
We may update and amend these Terms to reflect changes in our practices, legal requirements, or industry standards. We will make reasonable efforts to provide you with prior notice of any material changes affecting your rights or responsibilities. Any changes will be effective immediately upon posting the revised Terms here. Your continued use of our Services through any platform, after any changes, will indicate your acceptance of the amendments.
1. SERVICES
Our Services. Our "Services" include our website (located at https://www.aioapp.com/) (the "Site"), mobile applications and related websites and services (collectively, the “Apps”), the digital ordering features ("Digital Ordering") on the Site, Apps and on-premises or any other ways we allow you to engage with us directly or through a restaurant that uses AIO ("Merchant") and all intellectual property rights arising out of or related to the foregoing. When you use the Digital Ordering component of the Service to order from a Merchant you may also be referred to as a "Diner". We are a technology provider that enables Diners to place orders with participating Merchants. We only facilitate the ordering experience and do not provide the Merchant"s food or services ourselves.
License. Subject to your compliance with these Terms, AIO hereby grants you a non-exclusive, revocable, non-transferable license to access Services solely for your personal use, and not for resale.
Services of our Merchants. Each Merchant is solely responsible for managing all aspects of its daily operations, including the provision of food and beverages, quality of service, marketing, selling, pricing, packaging, ambiance, and the quality and accuracy of goods and services offered to Diners through Services. Each Merchant is responsible for the communications and offers that it may send, the terms of its loyalty programs, and gift cards (if any). The Merchant is responsible for ensuring that its business, including the goods, products, and services it provides, are in compliance with applicable laws, regulations, and rules. Each Merchant is also responsible for its own online presence and for the content published on its website and social media accounts.
Exclusion of warranties, and representations. You hereby acknowledge and understand that we make no representations and warranties regarding the services or goods provided by the Merchants including but not limited to quality of services and products and compliance with applicable laws, regulations, licenses, approval, permits, registration, and other ancillary documents. Each Merchant bears full responsibility and accountability for all aspects of quality, accuracy, marketing, sales, pricing, packaging, and delivery of any product or service provided through our Services.
Complaints. Once a transaction has been completed through us, you shall contact the Merchant directly for any further changes in order, queries, or complaints (including returns, cancellations, and refunds)
Merchant’s Loyalty Program and Gift Cards. Some Merchants may run a loyalty program or offer gift cards. Any concerns or complaints about the Merchant"s loyalty program or gift card should be addressed directly to the Merchant. We are not responsible for handling or resolving issues related to these programs, and we do not have any obligations regarding them.
Merchants Business Policies. Each Merchant may have its own business policies including but not limited to returns, cancellations, refunds, Merchant’s loyalty programs, gift cards, etc. Each Merchant is responsible for complying with its respective business policies, rules, terms of use, and privacy policy. AIO has no connection whatsoever with the availability and applicability of such Merchant business policies and cannot be held liable for the same.
Alcoholic beverages, and products. Merchants may hold alcoholic beverage licenses and sell alcoholic beverage products. We simply provide technology for facilitating orders. AIO does not sell alcoholic beverages in any manner itself. Payment processing is conducted by our third-party payment processor. We are not responsible for any alcoholic beverages you buy from a Merchant or for ensuring that the Merchant follows the law when selling alcoholic beverages. We only act as a third-party technology provider and facilitate payment processing on behalf of the Merchant through our third-party provider. By ordering alcoholic beverage products through the Services, you represent and warrant that (i) you are 21 years of age or older, and (ii) you are not procuring alcoholic beverage products for a person under 21 years of age.
2. ACCOUNT; REGISTRATION; RESTRICTION
AIO Account. You may use our Services with or without registering an account ("AIO Account"). If you prefer to use the Services without an AIO Account, we may not be able to provide you with the full functionality of our Services. If you choose to open and register your AIO Account with us, you may save your personal information, such as your name, date of birth, phone number, email address, physical address, dietary restrictions, and dining preferences. This enables smooth completion of orders or otherwise a transaction through our Services. Your registration and use of AIO Account or Services will be subject to these Terms and Privacy Policy
Accuracy of information. You agree to provide true, accurate, current, and complete information for registration of your AIO Account. You are solely responsible for (i) Providing up-to-date and accurate information and, (ii) Not misrepresenting your identity. We reserve the right to suspend or terminate your AIO Account if we believe that you have provided us with inaccurate, untrue, or incomplete information, or failed to comply with the requirements of account registration
Confidentiality. Only you have the right to access and use your AIO Account. You are responsible for maintaining the confidentiality of the information you hold for your AIO Account, including your login credentials, and password, and for all activities that occur under your AIO Account. We shall assume that all the activities under your AIO Account are conducted under your express authority. If you become aware of unauthorized use of your login information, you shall promptly notify us by sending us an email to the address provided in the ‘Contact Us’ section of these Terms. We will not be liable for any losses resulting from unauthorized use of your AIO Account.
Data Privacy. Privacy and protection of your data is important to us. Our Privacy Policy and these Terms describe how we collect, hold, share, and use your information. We strongly advise you to carefully read our Privacy Policy which forms a binding part of these Terms.
Closing of Account. You may close your AIO Account at any time and without incurring any costs, but you will remain liable for any outstanding orders/purchases as well as any fees or other charges incurred in connection with your AIO Account. In certain circumstances, we may not allow or delay the closure of your AIO Account. It may include, but is not limited to, pending inquiries about your transactions, pending transactions, or when payments are due from you. You can close your AIO Account by sending us an email at the address provided in the ‘Contact Us’ section of these Terms.
User Requirements. You understand and acknowledge that (i) You are at least 18 (eighteen) years of age, (ii) You will not authorize third parties to use your AIO Account, (iii) You will not assign or otherwise transfer your AIO Account to any other person or entity, (iv) You and all transactions initiated by you will comply with all applicable federal, state and local laws, and regulations, (v) You are responsible for maintaining the security and confidentiality of your AIO Account and (vi) You are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these Terms.
Restrictions. You understand, acknowledge, and affirm that you will only use the Services for lawful purposes and in compliance with these Terms, and you may not, nor may you permit any third party, directly or indirectly, to:
If we reasonably suspect that you have used the Services or your AIO Account has been used for, any of the above-mentioned causes or for any unauthorized, illegal, or criminal purpose, you give us an express authorization, in addition to other remedies, to share information about you, your AIO Account, and any of your transactions with the relevant law enforcement officials, take any legal action and implement any technical remedies to prevent the violation of these restrictions and to enforce these Terms
3. PAYMENTS
Mechanism.. To enable you to complete a transaction with our Merchants, we, on behalf of our Merchants, will facilitate you in making the payment. Payment transactions that you make through the Services are transactions between you and the Merchant only, not with us or any of our affiliates. We are not the seller of any product or service offered by Merchants and are not a party to any payment transaction facilitated through the Services.
Payment Fee. We do not charge you for completing orders through us. We reserve the right to charge a fee in the future. If we do charge a fee in the future, we will communicate such a fee before the completion of your order by displaying a notice on your screen. Our Merchants may also charge additional fees and taxes on top of the item prices of the order as per applicable laws. You may have the option to tip as well. By completing a transaction through us, you agree to pay all these charges, including tips, fees, and taxes.
Processing your Payment. We have contracted with Stripe, a third-party payment processor, to provide payment and processing services. The processing of your payment instrument will be subject to the terms and conditions and privacy policy of Stripe available at their website at https://stripe.com/legalandhttps://stripe.com/privacy. You acknowledge and agree that you are bound by these terms and conditions and privacy policy which may be amended from time to time. You undertake to provide our third-party payment processor with true, accurate, current and complete information regarding your payment instrument. .
Failed Transaction.If, for any reason, your transaction remains incomplete, we may notify you through an email or in-App notification and we will not be held liable for any charges that may be imposed on your payment instrument issuer. You may use another payment instrument for the completion of any transaction and order. If our third-party payment processor is unable to charge your payment instrument for authorized transactions for more than 30 consecutive days, you agree that we may use a collection agency or another business to collect outstanding debts and fees from your AIO Account, whether mentioned in these Terms or not and you will be solely responsible for fees related to legal, court, arbitration, or collection agency. We may contact you or your heirs via telephone, email, or in person using the information you provided whilst opening your AIO Account. This contact, whether manual or automated, is to collect any outstanding amounts.
Disclaimer. We may decline to process any transaction without any notice. We may delay the processing of or hold or cancel processing of any transaction upon the direction of the Merchant or if we reasonably believe, in our sole discretion, that the transaction is invalid, suspicious, involves misconduct or fraud, or otherwise violates applicable law and rules, these Terms, or any other of our terms, conditions or policies. We shall not be liable for any loss, damage, or liability if we decline to process, delay, hold, or cancel the processing of any transaction under this section.
4. OWNERSHIP AND USAGE OF CONTENT
Diner Content .
Third-Party Services and Content.
Our Rights. We may amend, modify, or terminate the terms of submission, uploading, and publishing of Diner Content including messages to Merchants, descriptions of orders, schedules, reviews, ratings, images, video, data, texts, or Third-Party Services or Third-Party Content at any time at our sole discretion. We may also at our sole discretion delete or refuse to accept any Diner Content. If you have any queries or complaints regarding objectionable Diner Content, you may contact us as provided in the ‘Contact Us’ section of these Terms
Ownership of AIO.
5. CONFIDENTIALITY
While providing our Services, we may share or grant you access to information pertaining to our Services, trade secrets, business activities "; operations, and marketing strategies. Such information, whether explicitly labeled as "confidential" or not, constitutes confidential information not publicly known. You hereby agree not to use or disclose such confidential information to any third party without our prior written consent.
6. DATA COLLECTION AND ANALYSIS
We may collect and analyze data relating to your use of the Service that is aggregated or de-identified in such a way that it is not associated with you ("Usage Data") and other information relating to the provision, use, and performance of various aspects of the Service and related systems and technologies (including information provided by third-party analytical tools). We may analyze, process, collect, and use Usage Data for any purpose, including for improving the Service and developing new products, services, features, and functionality.
7. COMMUNICATION WITH YOU
Administrative Communication .We may send administrative notices including notices regarding your AIO Account, service-related alerts, transaction alerts and receipts, marketing communications, advertisements, and similar communications (collectively referred to as"Communications") to keep you informed. We may facilitate our Merchants, either directly or through a third party, to advertise their products and Services to you. By using our Services or creating an AIO Account you agree to receive these Communications. You may opt out of receiving marketing communications and advertisements by contacting us as provided in the ‘Contact Us’ section of these Terms. In case of a security breach, we may inform you electronically by posting a notice on the Services or by sending an email to you. You may have a legal entitlement to receive this notice in written form. To receive free written notice of a security breach please contact us as provided in the ‘Contact Us’ section of these Terms.
Consent..
You consent to receiving our email newsletter and other marketing-related emails from us and from Merchants you engage with using the Services. If you wish to remove yourself from our email list or a Merchant’s email list for such marketing-related emails, please use the unsubscribe link in any email you receiveSMS Marketing.By creating an AIO Account, you agree that AIO or Merchants you engage with may send you transactional, operational, and promotional text (SMS) messages in connection with your use of the Services. You may opt-out of receiving text (SMS) messages through the Services at any time by responding “STOP” or emailing through the email address provided in the ‘Contact Us’ section of these Terms. Opting out of receiving text (SMS) messages may impact and limit your use of the Services. Please be aware that your cellular carrier may charge fees in connection with your use of the Services. You are responsible for any mobile charges that you may incur in connection with using the Services, including data charges. If you are not sure what those charges may be, you should ask your carrier before using the Service. We are not responsible or liable for any fees, costs, or overage charges associated with any data charges or data plan.
8. TERM AND TERMINATION
TermThese Terms shall commence on the date of your initial access or use of the Services and shall remain in effect until terminated by you or us.
Termination by you.You may voluntarily delete your AIO Account and/or stop using the Services at any time. If you delete your AIO Account, your access to our Services and any third-party products or services that we may provide or facilitate shall be revoked effective immediately.
Termination by AIO..We may at any time and without prior notice, terminate or suspend all or a portion of your AIO Account and/or access to the Services. Cause for such termination may include (a) violations of these Terms or any other policies or guidelines that are referenced herein and/or posted on the Services; (b) a request by you to cancel or terminate your AIO Account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where the provision of the Services to you is or may become unlawful; (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or illegal activities; (g) if we determine, believe or suspect that there is unauthorized access to Services or your AIO Account or your continued use of Services may materially harm AIO, our network system, reputation, affiliates or third-party service provider; (h) if we determine, believe or suspect your use of Services or AIO Account will subject AIO to liability; or (i) your failure to pay any charges owed by you in relation to the Service. Any such termination or suspension shall be made by AIO in its sole discretion and AIO will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your AIO Account and/or access to the Services.
Effect of Termination.Upon termination of your AIO Account or suspension of Services, you may lose all access to the Services or any portions thereof. Subject to applicable law, we may also delete any information stored regarding you or your transactions through the Services. Termination of your AIO Account shall not relieve you of any obligation to pay any accrued charges. If either you or AIO terminate your AIO Account or your use of the Service, no refunds will be issued for any previously paid amounts through the Service. Termination by AIO under these Terms is without prejudice to any other remedies we may have at law or in equity and does not relieve you of liability for breaches occurring prior to the effective date of termination.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ALL INFORMATION" PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
NEITHER AIO NOR ITS THIRD-PARTY PROVIDERS WILL BE LIABLE OR RESPONSIBLE FOR ANY PRODUCTS OR SERVICES PROVIDED BY MERCHANTS THAT ARE A CAUSE OF INJURY OR THAT ARE UNACCEPTABLE OR DO NOT MEET YOUR REQUIREMENTS OR EXPECTATIONS.
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, AIO AND ITS THIRDPARTY PROVIDERS HEREBY EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY. AIO RELIES UPON MERCHANTS TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. AIO DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, INCLUDING, WITHOUT LIMITATION, MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK, INCLUDING, WITHOUT LIMITATION, NUTRITIONAL AND ALLERGEN INFORMATION.
AIO AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING (I) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES; (III) THE RESULTS YOU MAY OBTAIN BY USING THE SERVICES; (IV) WHETHER THE OPERATION OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR (V) WHETHER THE QUALITY OF THE SERVICE OR PRODUCTS OR SERVICE, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS
YOU ACKNOWLEDGE THAT NEITHER AIO NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT NEITHER AIO NOR ITS THIRD-PARTY PROVIDERS ARE RESPONSIBLE FOR ANY LIMITATIONS, DELAYS, OR OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WITHOUT LIMITING THE FOREGOING, NEITHER AIO NOR ITS THIRD-PARTY PROVIDERS WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY BREACHES OR ATTACKS WILL BE DISCOVERED, REPORTED, OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES.
You acknowledge and agree that the Merchants are the sellers of the food, beverages, and related goods and services that you may order and pay for through the Services. The Merchants are solely responsible for any and all damages, claims, liabilities, costs, injuries, or illnesses caused in whole or in part by the Merchants. The Merchants are also solely responsible for any unclaimed property liability that may arise from purchases paid for but not received by you
You further acknowledge and agree that when you view, submit, publish, download or forward any content (including Diner Content and Third-Party Content) via our Services, or otherwise obtain content from or through the use of the Services you do so at your own risk, and that you will be wholly responsible for your use of the foregoing and any loss of data, damages to your computer system or mobile device, or any other harm that may result from the use of the Services
10. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless AIO and its affiliates, subsidiaries, officers, directors, employees, agents, and partners from any claim or demand, liability, damages, expenses and costs, or actions, including, without limitation, reasonable legal and accounting fees, arising or resulting from (a) your use of Services, (b) any violation by you of these Terms (c) any action taken by AIO, acting reasonably, as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred; (d) your violation of any rights of another; (e) your access to, use, or misuse of the Third-Party Content or services; and (f) your infringement or infringement by any other user of your AIO Account, of any intellectual property or other rights of any other person. AIO will provide notice to you of any such claim, suit, or proceeding. AIO reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests in assisting AIO’s defense of such matter
11. EXCLUSION AND LIMITATION OF LIABILITY
AIO SHALL NOT BE LIABLE ON ANY LEGAL BASIS WHATSOEVER, TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF THESE TERMS, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN.
YOU AGREE THAT AIO IS NOT RESPONSIBLE FOR THE MERCHANT RESPONSIBILITIES DESCRIBED IN THESE TERMS. YOU AGREE THAT YOU WILL NOT MAKE ANY ALLEGATION OR TAKE ANY ACTION AGAINST AIO BASED ON THE ACTUAL OR ALLEGED FULFILLMENT OR NON-FULFILLMENT BY A MERCHANT OF ITS RESPONSIBILITIES. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY RELEASE AIO FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO OR ARISING FROM ANY ACTION OR INACTION BY A MERCHANT (INCLUDING ANY FAILURE OF A MERCHANT TO COMPLY WITH THE MERCHANT RULES). IN CONNECTION WITH THE FOREGOING, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 AND ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION. CALIFORNIA CIVIL CODE SECTION 1542 STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
AIO’S TOTAL LIABILITY OF ALL KINDS IN CONNECTION WITH AND UNDER THESE TERMS OR SERVICES (INCLUDING WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON THESE TERMS, CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE AMOUNT PAID BY YOU TO AIO DURING THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO LIABILITY. PROVIDED THAT IF NO AMOUNTS ARE PAID BY YOU, SUCH AMOUNTS WILL BE LIMITED TO ONE HUNDRED DOLLARS (US$100.00)
YOU ACKNOWLEDGE AND UNDERSTAND THAT WITHOUT THE FOREGOING LIMITATIONS OF LIABILITY, EXCLUSIONS OF DAMAGES, RELEASES, AND WAIVERS IT WOULD BE IMPRACTICAL FOR AIO AND MERCHANTS TO PROVIDE YOU WITH THE SERVICES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, AIO’S LIABILITY OF WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12. ARBITRATION AGREEMENT
GenerallyThis Section 12 is referred to as the Arbitration Agreement. In the interest of resolving disputes between you and AIO in the most expedient and cost effective manner, you and AIO agree that any dispute arising out of or related to these Terms or your use of the Services will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the expiration or termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AIO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION. YOU FURTHER UNDERSTAND THAT THIS SECTION 12 WILL APPLY TO YOU AND AIO UNLESS YOU CHOOSE TO OPT OUT PURSUANT TO SECTION 12(i) (OPT-OUT).
Whether to agree to arbitration is an important decision. It is your decision to make, and you should not rely solely on the information provided in these Terms, as they are not intended to contain a complete explanation of the consequences of arbitration. You should take further steps to conduct research and to consult with others, including an attorney, regarding the consequences of your decision, just as you would when making any other important business or life decision.
Exceptions. Despite the provisions of Section 12.(a) (Generally), nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (1) bring an individual action in small claims court; (2) bring an action in a court pursuant to the California Private Attorneys General Act of 2004, California Labor Code § 2698 et seq.; (3) seek injunctive relief in a court of law; or (4) file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and AIO will be governed by the Federal Arbitration Act and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ( "AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at WWW.ADR.ORG, by calling the AAA at 1-800-778-7879, or by contacting AIO. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party within the applicable statute of limitations period (“Notice”). AIO’s email address for Notice is legal@aioapp.com, The Notice must:(i) describe the nature and basis of the claim or dispute; (ii) set forth the specific relief sought; and (iii) if you are sending the Notice to AIO, include your name and address (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 45 days after the Notice is received, you or AIO may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or AIO must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
Fees; Location . If you commence arbitration in accordance with these Terms, AIO will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Jose, California but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance-based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse AIO for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions . YOU AND AIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING (OTHER THAN ACTIONS UNDER THE CALIFORNIA PRIVATE ATTORNEYS GENERAL ACT OF 2004, CALIFORNIA LABOR CODE § 2698 ET SEQ., WHICH ARE NOT COVERED BY THIS SECTION 12 (ARBITRATION)). Unless both you and AIO agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision . If AIO makes any future change to this Arbitration Agreement, other than a change to AIO’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to AIO’s address provided in the Contact Us section of these Terms for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and AIO. If you do not send such written notice, your continued use of the Service following any such change means that you have consented to such change.
Enforceability. . If section 12(f) (No Class Actions) is found to be unenforceable or if the entirety of this section 12 (Arbitration) is found to be unenforceable, then the entirety of this section 12 will be null and void and the exclusive jurisdiction and venue described in section 15(a) (Governing Law) will govern any action arising out of or related to these Terms or your use of the Service.
Opt Out. .Arbitration is not a mandatory condition of these Terms. If you do not want to be subject to this section 12 (Arbitration), you may opt out by notifying AIO in writing of your decision by sending, within 30 days after the effective date of these Terms, an email to legal@aioapp.com,, stating clearly your full name, address, and intent to opt out of this section 12. Should you choose not to opt-out within the 30- day period, you and AIO will be bound by the terms of this section 12. You have the right to consult with counsel of your choice concerning regarding your right to opt out of this Section 12, and you understand that you will not be subject to retaliation if you exercise your right to opt-out.
13. YOUR PROTECTION
We reserve the right to collaborate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. We may disclose any information we deem necessary to investigate, detect, and prevent fraud and security breaches and to comply with applicable laws, regulations, legal proceedings, or governmental requests (including, for example, a court order, subpoena, or search warrant). You hereby consent to such disclosure.
14. COMPLIANCE
Each party will comply with all applicable federal, state, and local laws, regulations, binding regulatory guidance, directives, and governmental requirements in connection with exercising its rights or performing its obligations under these Terms
15. METHODS OF AGREEMENT
You acknowledge and agree that by clicking on the "I Agree", "Submit", "Create Account", "Next", "Confirm" or similar buttons on the Site, Apps, Digital Ordering page, or other feature offered under our Services and associated with these Terms or with any other electronic document authorizing us to provide the Services to you, you are indicating your intent to sign these Terms and/or other applicable agreement(s). You also agree that clicking on these buttons on the Site, Apps, and Digital Ordering Page shall constitute your electronic signature to these Terms or other such documents displayed with the button(s) and relating to the Services. You further agree that your electronic signature on these Terms and any other document shall have the same legal effect under state and federal law as if you signed the documents in ink on paper.
16. MISCELLANEOUS
Governing Law .These Terms will be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of law principles. Subject to section twelve (12), all claims arising under these Terms will be litigated exclusively in the courts of San Jose, California.
Subcontractors..
. AIO may, at its sole discretion, use subcontractors or other third parties to perform its obligations under these Terms.Injunctive Relief.Without limitation. In the event of a breach of section 2, section 4, section 5 or other sections having similar effect by you, AIO may incur irreparable harm, with monetary compensation potentially inadequate to redress the harm incurred. You agree that AIO reserves the right to pursue injunctive or other equitable relief in addition to any other available remedies to address such breaches.
Assignment.You may not assign or transfer your obligation or duties under these Terms in whole or in part without the prior written consent of AIO, and any such assignment or delegation in contravention of this provision shall be deemed null and void. AIO reserves the right to assign or transfer these Terms without your consent.
Headings; Construction.The headings and captions appearing in these Terms have been inserted for the purposes of convenience and ready reference, and do not purport to and shall not be deemed to define, limit or extend the scope or intent of the sections to which they appertain.
Severability.If any section of these Terms is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way.
Waiver: Rights Cumulative..AIO’s failure to enforce any section of these Terms shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of these Terms thereafter. The rights and remedies of AIO herein provided shall be cumulative and not exclusive of any rights or remedies provided by law or equity
Entire Agreement.These Terms together with documents referenced herein, is the entire agreement with respect to the subject matter.
Relationship.Your usage of Services and/or registration of an AIO Account does not create any business relationship, partnership, agency, or employment relationship between you and AIO. Nothing in these Terms shall constitute you and AIO as partners, joint venturers, or co‑owners, constitute either party as the agent, employee, or representative of the other, or empower either party to act for, bind, or otherwise create or assume any obligation on behalf of the other party. You act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of AIO.
Reliance on Limitations .Each party acknowledges that the other party has entered into these Terms relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.
Notices .AIO may give notice by means of a general notice on the Services, electronic mail to your email address in your AIO Account, or by written communication sent to your address as set forth in your AIO Account. You may give notice to AIO by written communication to AIO’s email or physical address as provided in the ‘Contact Us’ section of these Terms.
Force Majeure.AIO shall not be liable hereunder for any failure or delay in the performance of its obligations under these Terms if such failure or delay is on account of causes beyond its reasonable control, including labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, strikes, or acts of God, in addition to any and all events, regardless of their dissimilarity to the foregoing, deemed to render performance of these Terms impracticable or impossible under the law.
17. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, Users located in the State of California are entitled to the following notice:
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952- 5210.
18. CONTACTS US
Email:
Phone:
+1 (224) 715-5997
Address:
5235 Hecker Court San Jose CA 95135