Last updated: February 07, 2025
Welcome to Aioly (the “Platform”), a service provided by Aioly Inc., a Delaware corporation with offices in San Jose, California (referred to as “Aioly,” “we,” “us,” or “our”).
These Terms of Service (the “Terms”) govern your relationship with us and establish the terms and conditions by which you may access and use the Platform, along with any related websites, services, applications, products, and content we provide (collectively, the “Services”). Certain features of the Services—such as uploading videos, live-streaming content, or participating in the marketplace for restaurants and home kitchens—may be subject to additional eligibility criteria, including age restrictions, and may not be available to all users.
Our Services are intended for personal, non-commercial use, except as expressly authorized (e.g., by restaurants or home kitchens participating in the marketplace). For the purposes of these Terms, “you” and “your” refer to you as a user of the Services.
These Terms constitute a legally binding agreement between you and us. Please read them carefully. If you are under the age of 18, you may only use the Services with the consent and supervision of your parent or legal guardian. By using the Services, you confirm that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
By accessing or using our Services, you confirm that you can form a binding contract with Aioly, that you accept these Terms, and that you agree to comply with them. Your access to and use of our Services is also governed by our Privacy Policy and Community Guidelines, which are incorporated into these Terms by reference. These documents can be accessed directly on the Platform or, if applicable, where the Platform is made available for download, such as on your mobile device’s app store. By using the Services, you consent to the terms of the Privacy Policy and agree to follow the Community Guidelines.
If you are accessing or using the Services on behalf of a business or entity—such as a restaurant or home kitchen—then: (a) “you” and “your” include both you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind it to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access and use of the Services, as well as for the access and use of your account by others affiliated with your business or entity, including employees, agents, or contractors.
You accept these Terms by accessing or using our Services. From that point onward, you agree to be bound by them.
We recommend that you print or save a local copy of these Terms for your records
We may revise these Terms periodically to reflect updates to our Services, changes in our operations, or modifications required by law or regulation. For example, adjustments may be made when we enhance our features, merge services or apps operated by us or our affiliates, or respond to legal or regulatory developments.
We will make reasonable efforts to inform users of significant updates to these Terms, such as by providing a notice on the Platform. However, we encourage you to review the Terms regularly to stay informed about any changes. The “Last Updated” date at the beginning of these Terms will indicate when the latest revisions take effect.
By continuing to use or access the Services after the updated Terms become effective, you agree to be bound by them. If you do not accept the revised Terms, you must discontinue your use of the Services.
To access or use certain features of our Services, you must create an account. When doing so, you agree to provide accurate, up-to-date, and complete information. You are responsible for keeping your account details, including personal and billing information, current and accurate. Promptly update any information provided to ensure its accuracy.
You are solely responsible for maintaining the confidentiality of your account credentials, including your password. You agree not to share your password with any third party. If you suspect or know that your password has been compromised, or if any unauthorized access to your account has occurred, you must notify us immediately.
You are responsible for all activities that occur under your account. This includes any content uploaded or actions taken by you or anyone using your account. You must ensure that your account is used in compliance with these Terms, applicable laws, and any relevant regulations.
We reserve the right to suspend or terminate your account at our sole discretion, without prior notice, if:
If you decide you no longer wish to use our Services, you may delete your account. Please note that once your account is deleted, you will not be able to reactivate it, nor retrieve any content or information associated with your account. If you have any outstanding balances or obligations, deleting your account may pause to resolve beforehand.
If you lose access to your account, you can follow our account recovery procedures. However, if your account has been deleted, it cannot be recovered or restored.
Your ability to access and use our services is governed by these terms and applicable laws and regulations. You are prohibited from:
All use of the services must adhere to our Community Guidelines, which you are required to follow at all times.
We reserve the right to remove or disable access to content at our discretion, without prior notice, for any reason or no reason at all. Reasons for removal may include violations of these terms, our Community Guidelines, or content that could harm the platform or its users. Automated systems may analyze your content (including emails) to personalize your experience, including tailored results, advertisements, and detecting harmful content such as spam or malware. This analysis occurs while content is being sent, received, or stored.
All content, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, videos, music, and the overall "look and feel" of the Services, as well as all intellectual property rights related to these materials (collectively, "Aioly Content"), are either owned or licensed by Aioly. You retain ownership of any User Content (as defined below) you upload or transmit through the Services. Any use of Aioly Content or materials for purposes not expressly allowed by these Terms is prohibited. Such content cannot be downloaded, copied, reproduced, distributed, transmitted, displayed, sold, licensed, or otherwise exploited for any purpose without prior written consent from us or our licensors. We and our licensors reserve all rights not explicitly granted to you.
You acknowledge that Aioly may generate revenue, goodwill, or other value from your use of the Services, such as through advertisements, sponsorships, or usage data, and in some cases, we may choose to share a portion of this revenue with users whose content contributes to the generation of such revenue. However, unless specifically agreed upon in these Terms or a separate agreement, you will not be entitled to share in revenue generated by the platform in other contexts. You also acknowledge that, unless explicitly permitted, you have no right to receive compensation from your User Content or from the use of any music, sound recordings, or audiovisual content available through the Services. Additionally, you are prohibited from monetizing or obtaining compensation from User Content through third-party services like YouTube.
License to Use the Services
Subject to these Terms, you are granted a limited, non-transferable, non-sub licensable, revocable, worldwide license to access and use the Services, including downloading the Platform to a permitted device, for personal, non-commercial purposes, and in compliance with these Terms. We retain all rights not expressly granted in the Services and Aioly Content. This license can be terminated at our discretion for any reason.
No Rights to Sound Recordings or Musical Works
You acknowledge that no rights are granted to sound recordings or the musical works embodied within such recordings when using the Services. These rights remain with the copyright holders.
Risk of Viewing Content
When accessing content provided by other users, you do so at your own risk. The content on the Services is provided for general informational purposes only and should not be relied upon as advice. You should seek professional advice before acting on any information presented on the Services.
We do not make any guarantees regarding the accuracy, completeness, or timeliness of any Aioly Content, including User Content. Our Services may contain links to third-party websites or resources, and we have no control over their content. These links are provided for your convenience, and we do not endorse them.
User-Generated Content
Users of the Services may upload or transmit content, including text, images, videos, audio, and other materials (collectively, "User Content"). You may also create User Content by modifying or combining content uploaded by other users, including adding elements such as music, stickers, or other features provided by Aioly. By submitting User Content, you represent that you own or have the necessary rights to submit it to the Services.
You grant Aioly a non-exclusive, royalty-free, transferable, perpetual, worldwide license to use, modify, adapt, reproduce, distribute, and display your User Content on the Services and through third-party platforms, without compensation to you. This includes the right to use your username, likeness, and voice in connection with your User Content, subject to any age restrictions.
By submitting User Content, you waive any rights to prior approval or inspection of any promotional or marketing materials related to that content. You also waive any moral rights associated with your User Content.
Content Moderation and Removal
Aioly reserves the right to remove, block, or refuse to publish any User Content at its sole discretion, including content that violates these Terms or our Community Guidelines. We are not obligated to monitor or review User Content, but we may choose to do so. In the event that your User Content is removed, we are not liable for any loss or damage you may incur. You are responsible for ensuring that you save copies of any User Content you upload.
Privacy and Security
You control the visibility of your User Content and may adjust privacy settings to limit who can view it. However, by posting content publicly on the Services, you agree to share your content with other users of the platform.
If you encounter any content that you believe violates your intellectual property rights, please report it to us. We will take reasonable measures to remove infringing content when notified.
Feedback
By submitting ideas or feedback regarding our products, features, or services, you grant Aioly a perpetual, irrevocable, royalty-free license to use, modify, and exploit such feedback for any purpose without any obligation to compensate you or provide attribution. You acknowledge that we are not obligated to implement your suggestions or keep them confidential.
These terms are intended to protect the integrity and value of the Services and the content shared within the platform, and you agree to abide by them while using the Services.
You agree to indemnify, defend, and hold harmless Aioly, its affiliates, subsidiaries, officers, directors, employees, agents, and licensors from and against any and all claims, losses, liabilities, damages, expenses, and costs (including reasonable legal fees) arising out of or in any way connected with:
This indemnity obligation applies regardless of whether the claims arise due to negligence or otherwise, and it survives the termination of your access to the Services. You agree to cooperate fully in the defense of any such claims and allow us to control the defense and settlement of any such action, provided that we shall not settle any claim in a manner that adversely affects your rights without your prior consent.
By using the Services, you acknowledge and accept that you are solely responsible for your actions, and that we are not liable for any consequences arising from your use or misuse of the platform or its content.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, INCLUDING ALL CONTENT, FEATURES, AND FUNCTIONALITIES MADE AVAILABLE THROUGH THE SERVICES, ARE PROVIDED "AS IS" AND "AS AVAILABLE." Aioly, ITS AFFILIATES, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING OUT OF A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
Aioly DOES NOT WARRANT THAT:
YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT YOUR OWN RISK AND THAT Aioly IS NOT LIABLE FOR ANY LOSS OR DAMAGE THAT MAY RESULT FROM YOUR USE OF THE SERVICES, INCLUDING ANY CONTENT ACCESSED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Aioly OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
IN NO EVENT WILL Aioly, ITS AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS EXCLUSION OF WARRANTIES IS A FUNDAMENTAL PART OF THE AGREEMENT BETWEEN YOU AND LIVEr, AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND LIVEr.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Aioly, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Aioly HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH:
IN NO EVENT SHALL LIVEr'S TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT YOU HAVE PAID Aioly, IF ANY, FOR THE USE OF THE SERVICES IN THE SIX (6) MONTH PERIOD PRECEDING THE CLAIM.
THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE A FUNDAMENTAL ELEMENT OF THE AGREEMENT BETWEEN YOU AND Aioly, AND THAT Aioly WOULD NOT PROVIDE THE SERVICES WITHOUT SUCH LIMITATIONS.
The receiving party will have 60 days to respond. If the dispute remains unresolved after the response period or within 30 days of the response, whichever comes first, either party may pursue formal resolution. Engaging in this informal resolution process is a mandatory step before filing any legal action. Both parties agree to make a good faith effort to resolve the issue and understand that any statute of limitations or filing deadlines will be tolled during this process.
If you access the Aioly app on an Apple device or download it from the Apple App Store, the following conditions apply:
For users downloading the Aioly app via Google Play or its successors (managed by Google LLC or affiliates), the following terms apply:
If the Aioly app is downloaded from the Amazon Appstore or its successors, the following provisions apply:
For users accessing the Aioly app via the Windows Store (or its successors) operated by Microsoft Corporation, the following terms apply:
If you have any questions, concerns, or feedback regarding these Terms or your use of the Aioly app, please feel free to reach out to us. You can contact us through the following methods:
Email: support@aioly.com
Mailing Address:
Aioly Inc.
1852 Saddle Park PL
San Jose, CA 95138
For faster assistance, we recommend contacting us via email. Our support team strives to respond to all inquiries promptly.
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