Last Updated Date: 2024-05-31

OVERVIEW

These Terms of Service govern your use of Aiper websites (i) www.es.aiper.com, (ii) www.aiper.com, and (iii) www.au.aiper.com ( collectively “Websites”). These Websites are owned and operated by the following Aiper entities and its subsidiaries and affiliates:(i) AIPER INTELLIGENT SARL for www.es.aiper.com, (ii) Aiper Intelligent, LLC for www.aiper.com, and (iii) AIPER GLOBAL PTE. LTD for www.au.aiper.com (collectively, “Aiper”, “we”, “us”, “our”). Aiper allows access to these Websites, including all information, tools, and services available from these Websites to you (collectively “Aiper Services”), the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

BY VISITING OR PURCHASING SOMETHING FROM OUR WEBSITES, YOU WILLFULLY ACCEPT THE TERMS OUTLINED IN OUR “TERMS OF SERVICE” AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF SERVICE,” “TERMS”), INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK. THESE TERMS OF SERVICE APPLY TO ALL USERS OF OUR WEBSITES, INCLUDING, WITHOUT LIMITATION, USERS WHO ARE BROWSERS, VENDORS, CUSTOMERS, MERCHANTS, AND CONTENT CONTRIBUTORS.

BY ACCESSING OR USING ANY PART OF OUR WEBSITES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, THEN YOU MAY NOT ACCESS OUR WEBSITES OR USE ANY OF OUR SERVICES.

IF YOU ARE A RESIDENT OF THE UNITED STATES, PLEASE NOTE THAT THESE TERMS OF SERVICE CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER. PLEASE READ THESE PROVISIONS BEFORE USING THESE WEBSITES.

Any new features or tools added to the current Websites shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates or changes to our Websites. It is your responsibility to check this page periodically for any changes. Your continued use of or access to the Websites following the posting of any changes constitutes acceptance of those changes.

Please note that certain services linked to our Websites may be subject to additional or separate terms and conditions (for example, the General Terms and Conditions of Sale, and Aiper Community related terms and conditions). If there is a conflict between these Terms of Service and the separate terms and conditions, such separate terms and conditions shall control.

SECTION 1 – ACCESSING THESE WEBSITES AND RESTRICTIONS

These Websites are intended for general audiences and are not directed at minors. By agreeing to these Terms of Service, you express you are of legal age dictated by your State, District, or Province to visit these Websites and are of legal age to make, if any, purchases on these Websites, or you have the authority from a person of legal age to use and make purchases on these Websites.

You may not use Aiper Services for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws)

A breach or violation of any of the Terms will result in an immediate termination of your use of Aiper Services.

SECTION 2 – GENERAL CONDITIONS

YOU UNDERSTAND AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR THE AUTHENTICITY, LEGALITY, AND VALIDITY OF THE INFORMATION YOU PROVIDED FOR THE REGISTRATION AND THE INFORMATION YOU VOLUNTARILY ADD TO YOUR ACCOUNT; YOU MUST NOT IMPERSONATE ANOTHER PERSON, AND MUST NOT PUBLISH ANY INFORMATION IN THE NAME OF OTHERS; YOU SHALL NOT MALICIOUSLY USE A REGISTERED ACCOUNT. WE RESERVE THE RIGHT TO REFUSE SERVICE TO ANYONE FOR ANY REASON AT ANY TIME

We would specifically remind you to keep your login information secure. We will reasonably assume that the person who uses your login information and acts under your account (and satisfy our identify verification procedure, if applicable) is you, and any action taken in the name of your account will be deemed to be your action and under your responsibility. The responsibility for hacking or password theft of your account due to your mishandling is yours alone unless we can be deemed responsible for such hacking or password theft.

If you find that your account has been used illegally by others or has been used abnormally, you can contact us directly through our email address: service@aiper.com as soon as you notice the illegal use, in order to inform the relevant situation and submit all related evidences proving that the said account belongs to you, so as to apply for a freeze on the account. You may follow the relevant instructions to reactivate the frozen account.

YOU AGREE THAT WE DO NOT UNDERTAKE ANY LIABILITY FOR ANY DIRECT OR INDIRECT LOSSES OF YOURS CAUSED BY AN ILLEGAL USE OF YOUR ACCOUNT INFORMATION, UNLESS WE ARE DEEMED RESPONSIBLE FOR SUCH ILLEGAL USE. WE RESERVE THE RIGHT TO CHARGE ADDITIONAL FEES FOR FREEZING AND UNFREEZING SERVICES, UNLESS WE ARE DEEMED RESPONSIBLE FOR SUCH ILLEGAL USE. The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the information made available on our Websites is not accurate, complete, or current. The material on our Websites is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consultation, more accurate, more complete, or more timely sources of information. Any reliance on the material on our Websites is at your own risk.

Our Websites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our Websites at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our Websites.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Aiper Services (or any part or content thereof) without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Aiper Services.

SECTION 5 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through our Websites is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which individual tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services or features through our Websites (including the release of new tools and resources). Such new features or services shall also be subject to these Terms of Service.

SECTION 6 – THIRD-PARTY LINKS

Certain content, products, and services available via Aiper Services may include third-party materials.

Third-party links on our Websites may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not be liable or held accountable for any third-party materials, websites, or any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions connected with any third-party websites. Please review the third-party’s policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 7 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation: 1.To maintain any comments in confidence. 2.To pay compensation for any comments. 3.To respond to any comments.

We may but have no obligation to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any third party’s right, including copyright, trademark, privacy, personality, or another personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us, or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 8– PERSONAL DATA PROTECTION

You acknowledge that when you visit or use Aiper Services on our Websites, we may use automatic means (including, for example, cookies) to collect information about your devices and about your use of Aiper Services. You may also be required to submit certain personal data to us to register an account on our Websites or to access certain of its features or functions. We respect your privacy and will take the necessary measures to protect your personal data. Please refer to the Privacy Notice to understand how we collect and process your personal data.

SECTION 9 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our Websites or in the Aiper Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in Aiper Services or related website is inaccurate without prior notice (including after submitting your order).

We undertake no obligation to update, amend or clarify information in the Aiper Services or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Aiper Services or on any related website should be taken to indicate that all information in the Aiper Services or related website has been modified or updated.

SECTION 10 – PROHIBITED USES

In addition to other prohibitions as outlined in the Terms of Service, you are prohibited from using our Websites or their content:

1.For any unlawful purpose.

2.To solicit others to perform or participate in any unlawful acts.

3.To violate international, federal, provincial, or state regulations, rules, laws, or local ordinances.

4.To infringe upon or violate our intellectual property rights or the intellectual property rights of others.

5.To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

6.To submit false or misleading information.

7.To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Aiper Services or any related website, other websites, or the Internet.

8.To collect or track the personal data of others.

9.To spam, phish, pharm, pretext, spider, crawl, or scrape.

10.For any obscene or immoral purpose.

11.To interfere with or circumvent the security features of the Aiper Services or any related website, other websites, or the internet.

We reserve the right to terminate your use of Aiper Services or any related website for violating any of the prohibited uses.

SECTION 11- OUR INTELLECTUAL PROPERTY

1. Our graphics, logos, names, designs, page headers, button icons, scripts, and service names are our trademarks, trade names and/or trade dress. The “look” and “feel” of the Websites, content and products (including color combinations, button shapes, layout, design and all other graphical elements) are protected by respective copyright and trademark law. All Product names, names of content, trademarks and service marks (“Marks”) are our property or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by these Terms.

2. You acknowledge that i) all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the Websites and our products (or any enhancements, corrections or modifications), and ii) any and all related documentation, are and shall remain the sole and exclusive property of us and/or our licensors, as the case may be. These Terms do not convey title or ownership to you, but instead give you only the limited use rights set forth herein.

SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

YOU AGREE THAT FROM TIME TO TIME, WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN NO CASE SHALL AIPER, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 13 – INDEMNIFICATION

You agree to identify, defend and hold harmless Aiper and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents that incorporate by reference or your violation of any law or the rights of a third party.

SECTION 14 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use Aiper Services or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service at any time without notice, and you will remain liable for all amounts due up to and including the date of termination of these Terms of Service; and may deny you access to our Services (or any part thereof).

SECTION 16 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on our Websites or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 17 – GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Service and any separate agreements whereby we provide you Aiper Services shall be governed by and construed in accordance with (i) the law of France, for your use of Aiper Services on www.es.aiper.com, (ii) the law of Singapore, for your use of Aiper Services on www.au.aiper.com, or (iii) the laws of the State of Georgia, for your use of Aiper Services on www.aiper.com, without regard to its conflict of law provisions.

If there is any dispute or controversy arising between you and Aiper regarding your use of Aiper Services, both parties shall attempt to resolve such disputes or controversies in good faith immediately. If we are unable to resolve such disputes or controversies within a reasonable time (not exceeding thirty (30) days), you agree that

For your use of Aiper Services on www.es.aiper.com, all disputes arising out of or in connection with these Terms of Service shall be finally settled in the International Chamber of Commerce (“ICC”) in France under the Rules of Arbitration of the ICC by one or more arbitrators appointed in accordance with the said Rules.

For your use of Aiper Services on www.au.aiper.com, any dispute arising from these Terms of Service shall be submitted to the Singapore International Arbitration Centre (“SIAC”) for arbitration which shall be conducted in accordance with the SIAC’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.

For your use of Aiper Services on www.aiper.com, any action or proceeding relating to these Terms of Service must be brought in a federal or state court located in Atlanta, Georgia, US and you irrevocably submit to the jurisdiction and venue of any such court in any such claim or dispute. YOU ALSO WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

SECTION 18 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

At our sole discretion, we reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our Websites. It is your responsibility to check our Websites periodically for changes. Your continued use of or access to our Websites or Aiper Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 19 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at service@aiper.com.