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Terms of Use

Effective date: June 21, 2026

Welcome to AIAD. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

Email: support@aiad.studio

Address: 3500 South DuPont Highway, Dover, Delaware 19901

These Terms of Use (the “Terms”) are a binding contract between you and AIAD STUDIO INC. (“AIAD,” “we” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy (https://www.aiad.studio/privacy) and the Copyright Dispute Policy (https://www.aiad.studio/dmca). Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.

Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

What is AIAD?

The AIAD Studio Platform (“Platform”), an all-in-one operating system designed to empower creatives and the communities that support them. The Platform serves four distinct categories of users: 

  1. “Creators”, who use the Platform to generate content, manage sponsorships and merchandise, coordinate content releases across music and other media, and gain insight into their audience reach;

  2. “Supporters,” who use the Platform to discover, follow, and engage with the Creators they love;

  3. “Collaborators” who are independent service providers who may engage with Creators through the Platform; and

  4. “Music Supervisors” who use the sync catalog embedded within the Platform to identify music to license for use in film, television, advertising and other products.

Certain provisions of these Terms apply to all users, while others apply specifically to Creators, Supporters, Collaborators or Music Supervisors, as indicated throughout.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at AIAD.studio, send you an email, and/or notify you by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

AIAD takes the privacy of its users very seriously. For the current AIAD Privacy Policy, please click here (https://www.aiad.studio/privacy).

Children’s Online Privacy Protection Act

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at support@aiad.studio.

What are the basics of using AIAD for all Users?

You will be required to sign up for an account, select a password and user name (“AIAD User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your AIAD User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf).

Except as otherwise agreed, you will use the Platform for your own internal, personal, use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You will not share your AIAD User ID, account or password with anyone, and you must protect the security of your AIAD User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your AIAD User ID and account.

What terms apply to me as a Creator?

The Platform is designed to act as an intelligent operating system that may take certain automated or semi-automated actions on your behalf ("Agentic Actions") based on your account settings, preferences, and configurations (collectively, your "Configuration"). By configuring the Platform to perform Agentic Actions, you expressly authorize the Platform to act as your limited agent for those specific purposes, which may include, without limitation: posting content to your connected social media accounts; initiating, modifying, or canceling merchandise or other product orders with third-party Collaborators; sending communications to your Supporters; and managing sponsorship workflows on your behalf.

You are solely responsible for the accuracy and completeness of your Configuration. The Platform will act in accordance with your instructions as expressed through your Configuration, and the Platform will not independently verify whether a particular Agentic Action reflects your current intent. You agree to review and update your Configuration regularly to ensure it accurately reflects the actions you wish to authorize. The Platform shall not be liable for any Agentic Actions taken in good-faith reliance on your Configuration.

You acknowledge and understand that automated systems may encounter errors, misinterpret instructions, or take actions that produce unintended results. By enabling Agentic Actions, you accept the inherent risks associated with delegating authority to an automated platform, including the risk that actions may be taken before you are able to review or intervene. The Platform provides reasonable controls to pause, limit, or revoke Platform authority, and you are encouraged to use these controls to manage the scope of Agentic Actions permitted under your account.

Certain Agentic Actions, once executed, may not be reversible—including published social media posts, submitted orders with third-party Collaborators, or communications dispatched to Supporters. The Platform will make commercially reasonable efforts to provide you with confirmation workflows or approval gates where feasible, but does not guarantee the ability to undo completed Agentic Actions. You agree that The Platform bears no liability for consequences arising from completed Agentic Actions that were authorized by your Configuration.

The Platform may offer features that assist Creators in reviewing, summarizing, or understanding contracts, licensing agreements, and other legal documents ("Legal Review Features"). These features are provided for informational purposes only and do not constitute legal advice or the practice of law. No attorney-client relationship is formed between you and AIAD Studio through your use of any Legal Review Feature or any other aspect of the Platform. Any Platform-generated output—including contract summaries, flagged terms, or risk assessments—is produced by automated systems and may not reflect the full legal implications of a given document under applicable law. Before entering into any legally binding obligation, you are strongly encouraged to consult with independent legal counsel licensed in your jurisdiction. AIAD expressly disclaims all liability arising from your reliance on Platform-generated content in lieu of qualified legal advice.

What if I engage with Collaborators through the Platform?

The Platform may enable you to identify, connect with, and engage Collaborators—including apparel designers, manufacturers, distributors, and other creative service providers—to fulfill merchandise orders, produce content, or provide other services in connection with your creative projects.

All Collaborators are independent third parties and are not employees, agents, or partners of AIAD. Any agreement you enter into with a Collaborator, whether facilitated through the Platform or otherwise, is solely between you and that Collaborator. AIAD is not a party to any such agreement and makes no representations or warranties regarding any Collaborator's quality, reliability, timeliness, or compliance with applicable law.

Where you configure the Platform to place orders or otherwise transact with Collaborators on your behalf as an Agentic Action, you acknowledge that AIAD Studio is acting solely in a facilitative capacity pursuant to your delegated authority. You remain solely responsible for all financial obligations arising from such transactions, including purchase prices, shipping costs, taxes, and any applicable fees. AIAD Studio reserves the right to require that certain high-value or irreversible Collaborator transactions be subject to manual Creator approval prior to execution.

In the event of a dispute between you and a Collaborator, AIAD Studio may, at its sole discretion, provide reasonable assistance in facilitating communication, but has no obligation to mediate, arbitrate, or resolve any such dispute. You agree to hold AIAD Studio harmless from any claims, losses, or damages arising out of or related to your transactions with Collaborators.

What terms apply to me as a Collaborator?

As a Collaborator, you use the Platform to offer and provide creative, production, manufacturing, design, or other professional services to Creators. You acknowledge and agree that you are an independent contractor and that nothing in these Terms, nor any use of the Platform, shall be construed to create an employment, agency, partnership, or joint venture relationship between you and any Creator or between you and AIAD. You are solely responsible for determining the manner and means by which you perform your services, and for compliance with all applicable tax, labor, and regulatory obligations arising from your activities.

The Platform facilitates the identification of and engagement between Collaborators and Creators, but AIAD is not a party to any service agreement, statement of work, or other contractual arrangement entered into between a Collaborator and a Creator (each, a "Collaborator Agreement"). The terms, scope, timeline, and deliverables of any engagement shall be as agreed upon solely between the applicable Collaborator and Creator. AIAD makes no representations or warranties regarding any Creator's ability or willingness to fulfill its obligations under a Collaborator Agreement, and shall have no liability arising out of or related to any Collaborator Agreement or the performance or non-performance thereof.

Unless a Collaborator and Creator expressly agree otherwise in a signed writing, all work product, deliverables, and other output created by a Collaborator in the course of performing services for a Creator through the Platform (collectively, "Collaborator Work Product") shall be deemed a work made for hire to the fullest extent permitted by applicable law, and all right, title, and interest in and to such Collaborator Work Product shall vest exclusively in the Creator upon creation. To the extent any Collaborator Work Product does not qualify as a work made for hire, the Collaborator hereby irrevocably assigns to the applicable Creator all right, title, and interest in and to such Collaborator Work Product, including all intellectual property rights therein. For the avoidance of doubt, AIAD does not acquire any ownership interest in Collaborator Work Product by virtue of its operation of the Platform.

AIAD charges a platform service fee equal to ten percent (10%) of the total value of each booking or engagement transacted through the Platform (the "Platform Fee"). The Platform Fee shall be deducted from the amounts payable to the Collaborator prior to disbursement. By accepting an engagement through the Platform, you acknowledge and agree to the applicable Platform Fee. AIAD reserves the right to modify the Platform Fee upon reasonable prior notice to Collaborators; continued use of the Platform following such notice constitutes acceptance of the updated fee.

You agree that, for a period of twenty-four (24) months following your initial engagement with a Creator through the Platform, you will not solicit, accept, or facilitate any transaction with that Creator outside of the Platform for the purpose of avoiding or reducing the Platform Fee or any other obligation owed to AIAD under these Terms. Any attempt to circumvent the Platform in violation of this provision shall entitle AIAD to recover the Platform Fee that would have been payable had the transaction been conducted through the Platform, together with any costs of enforcement, including reasonable attorneys' fees.

For engagements transacted through the Platform, AIAD will collect payment from the Creator and hold such funds in a non-interest-bearing custodial account on the Collaborator's behalf ("Escrow"). Upon the Creator's confirmation of satisfactory delivery of the applicable Collaborator Work Product, or upon the expiration of five (5) business days following the Collaborator's submission of completed deliverables through the Platform without the Creator initiating a dispute (whichever occurs first), AIAD will release the escrowed funds to the Collaborator, less the applicable Platform Fee. In the event a Creator initiates a dispute within the five (5) business-day review period, the escrowed funds will remain held pending resolution of the dispute in accordance with the Platform's dispute resolution procedures. AIAD acts solely as a payment facilitator and custodian in connection with Escrow and shall not be liable for any losses arising from a Creator's failure to fund an engagement or any delay in payment not attributable to AIAD.

Notwithstanding any other provision of these Terms, you retain all right, title, and interest in and to any work samples, portfolio materials, and other content that you upload to your Collaborator profile on the Platform ("Portfolio Content"). By uploading Portfolio Content, you grant AIAD a worldwide, non-exclusive, royalty-free, sublicensable license to host, display, reproduce, and distribute such Portfolio Content solely in connection with operating and promoting the Platform and the Services. You may remove your Portfolio Content from the Platform at any time, and upon such removal, the foregoing license shall terminate; provided, however, that AIAD shall not be liable for any third-party use of Portfolio Content that occurred prior to removal or that resulted from caching or archiving by systems outside of AIAD's control.

What terms apply to me as a Music Supervisor?

As a Music Supervisor, you use the Platform to browse, search, and identify musical compositions and sound recordings within the Platform's sync licensing catalog (the "Sync Catalog") for potential licensing in connection with film, television, advertising, and other audiovisual productions. You acknowledge and agree that the Sync Catalog is made available solely for the purpose of facilitating synchronization licensing transactions through the Platform, and that your access to and use of the Sync Catalog is subject to the terms and restrictions set forth in this section and elsewhere in these Terms.

By submitting a licensing inquiry or executing a synchronization license through the Platform, you represent and warrant that you have full authority to act on behalf of the applicable production entity, studio, network, agency, or other principal (the "Production") in connection with the negotiation and execution of synchronization licenses, and that any license executed through the Platform shall be binding upon the Production. You agree to indemnify and hold AIAD harmless from any claims, losses, or damages arising from any misrepresentation of your authority to act on behalf of a Production.

The Platform may enable you to submit project briefs, creative descriptions, scene summaries, and other information describing your licensing needs (each, a "Brief"). All Briefs are submitted in confidence and shall be treated as confidential information of the applicable Production. AIAD will use Briefs solely for the purpose of identifying and matching relevant works within the Sync Catalog and will not disclose, share, export, or otherwise make Briefs available to any third party, except to the extent necessary to facilitate a potential licensing transaction with a Creator whose work has been identified as a potential match. You shall not use the Platform to submit Briefs for any purpose other than identifying music for bona fide synchronization licensing opportunities.

Any synchronization license executed through the Platform (a "Sync License") shall constitute a direct agreement between the applicable Production and the Creator (or other rights holder, as applicable), and AIAD is not a party to any Sync License. AIAD acts solely as an intermediary facilitating the identification, negotiation, and execution of Sync Licenses through the Platform. AIAD shall be entitled to a platform facilitation fee equal to fifteen percent (15%) of the total license fee payable under each executed Sync License (the "Sync Facilitation Fee"). The Sync Facilitation Fee shall be deducted from the amounts payable to the Creator prior to disbursement. By executing a Sync License through the Platform, both the Music Supervisor (on behalf of the Production) and the Creator acknowledge and agree to the applicable Sync Facilitation Fee. AIAD makes no representations or warranties regarding any Creator's ownership of or right to license any work in the Sync Catalog, and shall have no liability arising out of or related to any Sync License or the performance or non-performance thereof.

The specific terms of each Sync License—including, without limitation, the licensed territory, exclusivity, duration, permitted media, and scope of usage—shall be negotiated and agreed upon on a per-transaction basis solely between the Music Supervisor (on behalf of the Production) and the applicable Creator. Nothing in these Terms shall be construed to predetermine, restrict, or establish default terms for any Sync License, and AIAD shall have no obligation to ensure that the terms of any Sync License are commercially reasonable or enforceable.

Each Brief submitted through the Platform shall be subject to a non-refundable submission fee of twenty-five dollars ($25.00) per Brief (the "Brief Fee"). The Brief Fee is payable at the time of submission and is non-refundable regardless of whether the Brief results in a match, a licensing negotiation, or an executed Sync License. By submitting a Brief, you acknowledge and agree to the applicable Brief Fee and authorize AIAD to charge your designated Payment Method for such amount.

All search results, catalog metadata, artist information, and other data made available to you through the Sync Catalog (collectively, "Catalog Data") are proprietary to AIAD and its licensors and are provided solely for your use within the Platform in connection with bona fide synchronization licensing inquiries. You shall not, directly or indirectly, export, download, copy, scrape, harvest, or otherwise extract Catalog Data from the Platform, whether through manual or automated means. You shall not use Catalog Data for any purpose outside of the Platform, including, without limitation, for the creation of competing databases, directories, or services. Any unauthorized use of Catalog Data shall constitute a material breach of these Terms and may result in immediate termination of your account and access to the Services, without prejudice to any other rights or remedies available to AIAD at law or in equity.

What about content I generate through the Platform?

The Platform provides Creators with AI-powered tools to generate, produce, and publish original content, including musical compositions, sound recordings, lyrics, artwork, visual assets, merchandise designs, and other creative works (collectively, "Generated Content"). You acknowledge that Generated Content is produced in whole or in substantial part through artificial intelligence systems operated by or integrated into the Platform, and that the extent of copyright protection afforded to AI-generated works may vary by jurisdiction and is subject to evolving legal standards.

As between you and AIAD, and to the maximum extent permitted by applicable law, you shall own all right, title, and interest in and to Generated Content you create through the Platform. AIAD Studio does not claim any ownership interest in your Generated Content by virtue of its role in facilitating its creation. The limited license granted to AIAD Studio elsewhere in these Terms solely enables the Platform to host, display, and distribute your Generated Content in connection with operating the Platform and does not constitute a transfer or encumbrance of your ownership rights.

You are solely responsible for (a) ensuring that your Generated Content does not infringe the intellectual property or other rights of any third party, including rights in any materials, prompts, or inputs you provide to the Platform; (b) registering or otherwise protecting any intellectual property rights you wish to assert in Generated Content; and (c) staying informed of applicable legal developments regarding the protectability of AI-generated works in your jurisdiction. AIAD makes no representations or warranties that Generated Content will qualify for copyright protection or that your ownership of such content will be recognized under applicable law.

What terms apply to me as a Supporter?

The Platform allows you to discover Creator content, follow Creators, and engage with their work across a variety of media, including music, merchandise, and other creative releases. Your access to certain Creator content may be subject to additional terms set by the Creator, including subscription tiers, purchase requirements, or other conditions established at the Creator's discretion.

The Platform may enable you to provide direct financial support to Creators through mechanisms such as one-time tips, recurring subscriptions, merchandise purchases, or other contribution models ("Support Transactions") as made available by individual Creators. All Support Transactions are voluntary, and you agree to review the terms of any Support Transaction before completing a purchase or contribution.

Financial support provided to a Creator does not constitute a binding contract for the delivery of any specific content, product, or service unless explicitly represented by the Creator at the time of the Support Transaction. AIAD makes no representations or warranties regarding a Creator's ability or obligation to fulfill any promises made in connection with a Support Transaction, and is not liable for a Creator's failure to deliver any anticipated content or benefits. In addition, AIAD is not responsible for validating the identity of any Creator and cannot guarantee that Creator accounts are accurately labeled or identified. You are responsible for all Support Transactions, including ensuring compliance with applicable sanctions, money laundering and other laws, rules and regulations.

When you interact with Creator content on the Platform—including by viewing, streaming, liking, sharing, purchasing, or otherwise engaging with content—the Platform collects data regarding your engagement ("Engagement Data"). Engagement Data may include, without limitation, content interaction frequency, viewing duration, geographic location at a regional level, device and platform information, purchase history, and response to promotional campaigns. You acknowledge and agree that your Engagement Data may be shared with the Creators whose content you interact with, in aggregated, anonymized, or pseudonymized form, to enable those Creators to better understand their audience, evaluate the performance of their content, and refine their marketing, release, and sponsorship strategies. Creators receive this data for legitimate business purposes related to their creative and commercial activities on the Platform.

You agree to use the Platform in a manner that is lawful, respectful, and consistent with these Terms. You may not harass, threaten, or engage in abusive conduct toward Creators or other Supporters; attempt to manipulate engagement metrics or analytics; use automated tools to interact with Creator content in a manner that distorts Engagement Data; or engage in any activity that undermines the integrity of the Platform or the trust between Creators and their communities.

Are there restrictions in how I can use the Services?

You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Submission (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in a manner that:

  1. infringes or violates the intellectual property rights or any other rights of anyone else (including AIAD);

  2. violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by AIAD;

  3. is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

  4. jeopardizes the security of your AIAD User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);

  5. attempts, in any manner, to obtain the password, account, or other security information from any other user;

  6. violates the security of any computer network, or cracks any passwords or security encryption codes;

  7. runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

  8. “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

  9. copies or stores any significant portion of the Content; or

  10. decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below) and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including AIAD'S) rights.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that AIAD owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

What about anything I contribute to the Services – do I have to grant any licenses to AIAD or to other users?

User Submissions

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.

You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violate any law.

Licenses

In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions (see below for more information). Please note that all of the following licenses are subject to our Privacy Policy (https://www.aiad.studio/privacy) to the extent they relate to User Submissions that are also your personally-identifiable information.

By submitting User Submissions through the Services, you hereby do and shall grant AIAD a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with this site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of this site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account or the Services. You also hereby do and shall grant each user of this site and/or the Services a non-exclusive, perpetual license to access your User Submissions through this site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, including after your termination of your account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Certain features of the Services allow you to share information with others, including through your social networks or other services where you have an account (“Third Party Accounts”). When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content. If you share information from the Services with others through your Third Party Accounts, such as your social networks, you authorize AIAD to share that information with the applicable Third Party Account provider. Please review the policies of any Third Party Account providers you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.

Finally, you understand and agree that AIAD, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

What if I see something on the Services that infringes my copyright?

We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here (https://www.aiad.studio/dmca).

Who is responsible for what I see and do on the Services?

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by AIAD. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that AIAD is not responsible for such risks.

AIAD has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, AIAD will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that AIAD shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site or Services, or between users and any third party, you agree that AIAD is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release AIAD, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Will AIAD ever change the Services?

We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Do the Services cost anything?

The Services may be free or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.

  1. Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please see our Paid Services page (https://www.aiad.studio/pricing) for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms. For example, some Paid Services will charge a fee for downloading or installing the Services through the App Store (as defined below) linked to your specific device. You agree to comply with, and your license to use our mobile application is conditioned upon your compliance with, such App Store terms and conditions. Any refunds relating to the applications or inquiries regarding refunds relating to the applications shall be handled solely by the applicable App Store in accordance with such App Store’s terms and conditions.

  2. Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe’s Terms of Service at https://stripe.com/us/checkout/legal and their Privacy Policy at https://stripe.com/us/privacy. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

  3. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

  4. Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS (https://www.aiad.studio/settings).

  5. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS (https://www.aiad.studio/settings). IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

  6. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

  7. Auto-Renewal for Paid Services. Unless you opt out of auto-renewal, which can be done through your account settings (https://www.aiad.studio/pricing), any Paid Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Paid Services at any time, go to account settings (https://www.aiad.studio/pricing) or, for mobile applications, cancel your subscription in the subscription management section of the applicable App Store. If you terminate a Paid Service, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring monthly basis, you must cancel the applicable Paid Service through your account settings (https://www.aiad.studio/pricing) or terminate your AIAD account before the end of the recurring TERM. Paid Services cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, AIAD will not refund any fees that you have already paid.

  8. Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

  9. Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at support@aiad.studio.

What if I want to stop using the Services?

You’re free to do that at any time by contacting us at support@aiad.studio; please refer to our Privacy Policy (https://www.aiad.studio/privacy), as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

AIAD is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. AIAD has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of AIAD.

If you have deleted your account by mistake, contact us immediately at support@aiad.studio – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

What about Mobile Applications and In-App Purchases?

You acknowledge and agree that the availability of our mobile application is dependent on the third party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.

Through our mobile applications, you may purchase (“In-App Purchase”) certain goods or features designed to enhance the performance of the Services. When you make an In-App Purchase, you are doing so through either the Apple iTunes service or the Google Play service and you are agreeing to their respective Terms and Conditions, available at http://www.apple.com/legal/internet-services/itunes/us/terms and http://play.google.com/intl/en_us/about/play-terms.html). AIAD is not a party to any In-App Purchase.

I use the AIAD App available via the Apple App Store – should I know anything about that?

These Terms apply to your use of all the Services, including our iOS applications (the “Application”) available via the Apple, Inc. (“Apple”) App Store, but the following additional terms also apply to the Application:

  1. Both you and AIAD acknowledge that the Terms are concluded between you and AIAD only, and not with Apple, and that Apple is not responsible for the Application or the Content;

  2. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;

  3. You will only use the Application in connection with an Apple device that you own or control;

  4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

  5. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

  6. You acknowledge and agree that AIAD, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;

  7. You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, AIAD, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

  8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

  9. Both you and AIAD acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and

  10. Both you and AIAD acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, 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 the third-party beneficiary hereof.

Can I refer other users?

From time to time AIAD may offer rewards or incentives for referring others to the Services. For details of any current referral offers, please see our referral page (https://www.aiad.studio). The referring user (“Referrer”) may refer individuals or entities who are neither current customers of AIAD nor registered users of the Services (“Referee”). A registered user is a person or entity that already has an existing account with AIAD. There is no limit to the number of referrals that Referrer can make, nor the cumulative rewards or incentives that the Referrer may receive through such special offer, unless otherwise indicated. Referrer will receive the stated reward or incentive for each Referee sent by the Referrer that completes the required action described in that specific offer (such as signing up for an account or making a purchase). All Referees must be first-time recipients of the offer, and multiple referrals to the same individual or entity will be disregarded. AIAD reserves the right to modify or terminate any special offers at any time and to revoke from Referrer and Referee the special offer at AIAD'S discretion for any reason or for no reason whatsoever. If AIAD determines that Referrer or Referee is attempting to obtain unfair advantage or otherwise violate the terms or spirit of such special offer, AIAD reserves the right to (a) revoke any rewards or incentives issued to either Referrer or Referee and/or (b) charge the Referrer or Referee for any rewards or incentives (1) used by Referrer or Referee prior to such revocation or (2) issued by AIAD to any ineligible Referrer or Referee. All special offers are subject to any other terms, conditions and restrictions set forth on the Services or presented in connection with the special offer.

What else do I need to know?

Warranty Disclaimer. AIAD and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (AIAD and all such parties together, the “AIAD Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the AIAD Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The AIAD Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY AIAD (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE AIAD PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO AIAD IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. You agree to indemnify and hold the AIAD Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without AIAD'S prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of New York, without regard to the conflicts of laws provisions thereof.

Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with AIAD and limits the manner in which you can seek relief from AIAD. Both you and AIAD acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, AIAD'S officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in New York, New York. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. AIAD will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. AIAD will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(c) Small Claims Court; Infringement. Either you or AIAD may assert claims, if they qualify, in small claims court in New York, New York or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any 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.

(d) Waiver of Jury Trial. YOU AND AIAD WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and AIAD are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and AIAD over whether to vacate or enforce an arbitration award, YOU AND AIAD WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor AIAD is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.

(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 3500 South DuPont Highway, Dover, Delaware 19901 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or AIAD to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and AIAD agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, New York, New York, or the federal district in which that county falls.

(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with AIAD.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the AIAD may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and AIAD agree that these Terms are the complete and exclusive statement of the mutual understanding between you and AIAD, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of AIAD, and you do not have any authority of any kind to bind AIAD in any respect whatsoever.

Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and AIAD agree there are no third-party beneficiaries intended under these Terms.