Terms & Conditions

By agreeing to these Terms, accessing the Services, and using the Website, you represent that you are at least the age of majority in your state or province of residence. You affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.

Aterna AI's Privacy Policy may be viewed at https://www.aternaai.com/privacy. The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.

All aspects of our Services, including our Website, are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using any of our Services, including the Website, or any enclosed material. You agree not to use or attempt to use the Services in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; (3) reproducing, duplicating, copying, selling, reselling, or exploiting for any commercial purposes any portion of our Services other than as expressly permitted under these Terms; (4) using any high volume, automated, or electronic means to access the Services (including without limitation robots, spiders, or scripts); (5) falsely stating, impersonating, or otherwise misrepresenting your identity; or (6) any other unlawful act.

We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website. Certain products or services may be available exclusively online through the Website. Furthermore, you acknowledge that our Services may not be available at all times, and that certain usage limits may apply. You acknowledge that we may, at our sole discretion, limit, suspend, or terminate your use of all Services and may modify or discontinue all Services at any time.

All descriptions of Services and their pricing are subject to change at any time without notice, at our sole discretion. Any offer for any Services made on this Website is void where prohibited.

In order to access the Services, including the Website and any online applications, you will be required to create an account. By creating this account, you agree to the following:

Aterna AI has the right, in its sole discretion, to cancel your Services or suspend your access to them, including the Website, if you fail to comply with these and any other Terms herein.

By registering an account with Aterna AI and accessing the Services, you expressly consent to receive electronically all communications, agreements, documents, notices, and disclosures (“Notices'') that we provide in connection with your account and your use of the Services. Notices may, without limitation, take the form of electronic mail, in-app messages, and in-Website communications. Additionally, Notices may take the form of electronic mail containing promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. If you do not wish to receive such promotional emails, you may unsubscribe at any time by following the instructions within, and Aterna AI will honor any requests to unsubscribe within 30 days.

Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny anyone’s order for any reason. In the event we deny your order, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any Services. We reserve the right to require additional information before processing any order.

All sales are final, and Aterna AI does not offer any money-back guarantees. Nor does Aterna AI offer refunds in the event we, in our sole discretion, suspend, limit, or terminate your access to the Services, or some or all of the Services altogether. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.

All charges are in U.S. Dollars. By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.

We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method, including a mailed statement.

This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Twitter, LinkedIn, or any of the many other available external third-party social media platforms we may use (“Social Media Presence”).

The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Aterna AI, and we have no obligation to monitor or remove user comments. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.

Our Services maintain specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to our Website or via our Services. All notices should be addressed to the following contact person:
‍
Notification of Claimed Infringement:
‍
Aterna AI
Attn: DMCA/Copyright Agent
8 The Green, STE R, Dover, DE 19901, USA
Email: info@Aternaai.com

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material, and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
‍
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number, and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

EXCEPT WHERE PROHIBITED BY LAW, ALL SERVICES PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH OUR SERVICES. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM ATERNA AI WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) THE WEBSITE OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL ATERNA AI OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS, OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES, OR YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE SERVICES, REGARDLESS OF WHETHER ATERNA AI HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, ATERNA AI IS FOUND LIABLE UNDER ANY THEORY, ATERNA AI’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER ATERNA AI WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

Please read this arbitration and class action waiver provision carefully. It requires you to arbitrate disputes with Aterna AI on an individual basis and limits the manner in which you can seek relief from us.
‍
Except where prohibited by law, you agree that any claim that you may have in the future must be resolved through final and binding confidential arbitration. You acknowledge and agree that you are waiving the right to a trial by jury. The rights that you would have if you went to court, such as discovery or the right to appeal, may be more limited or may not exist. You agree that you may only bring a claim in your individual capacity and not as a plaintiff (lead or otherwise) or class member in any purported class or representative proceeding or as a private attorney general. You further agree that the arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding.
‍
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.
‍
‍a. General
Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, Aterna AI, or any involved third party relating to your account, your use of the Services, your relationship with Aterna AI, these Terms, or the Privacy Policy. This includes any and all claims that relate in any way to your use or attempted use of the Services, and any act or omission by Aterna AI or any third party related to your use or attempted use of the Services, and any communications from Aterna AI or any third party on Aterna AI’s behalf. You, Aterna AI, or any involved third party may pursue a Claim. Aterna AI agrees to final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding confidential arbitration should you have any Claims against Aterna AI. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration. You further agree that all claims must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and that claims of more than one customer cannot be arbitrated or consolidated with those of any other customer. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1–16, as amended.
‍
‍b. Exceptions
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Aterna AI both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Aterna AI will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court.

The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in California: (i) an action by Aterna AI relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by Aterna AI for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in California, and forever waive any challenge to said courts’ jurisdiction and venue.
‍
‍c. Required Pre-Dispute Procedures
Before initiating any Claim against the other, you and we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by certified mail to Aterna AI, Attn: Legal Department, 8 The Green, STE R, Dover, DE 19901, USA. Aterna AI will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Aterna AI or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions herein.
‍
‍d. Commencing Arbitration
You and Aterna AI agree to commence any arbitration proceeding within one (1) year after the Claim arises (the one-year period includes the required pre-dispute procedures set forth above), and that any arbitration proceeding commenced after one (1) year shall be forever barred.
‍
‍e. Arbitration Location
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in California unless Aterna AI otherwise agrees to arbitrate in another forum requested by you.
‍
‍f. Organization, Rules, and the Arbitrator
We each agree that any and all Claims other than those exempted under subsection “b” above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA and providing a copy to the other party, within the time period set forth in subsection “d” above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the Rules of the AAA, Consumer Arbitration Rules, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute or Claim is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Aterna AI.
‍
‍g. Fees
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules.
‍
‍h. Governing Law and Award
The arbitrator shall follow the substantive law of the State of California without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
‍
‍i. Enforceability
This provision survives termination of your account or relationship with Aterna AI, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
‍
‍j. Miscellaneous
Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims, except all Claims must be brought within the one-year limitation period set forth above. This provision is the entire arbitration agreement between you and Aterna AI and shall not be modified except in writing by Aterna AI.
‍
‍k. Amendments
Aterna AI reserves the right to amend this arbitration provision at any time. Your continued use of the Services, purchase of any Service on or through the Website, or use or attempted use of a Aterna AI Service, constitutes your consent to such changes.

‍You understand and agree to have any Claims decided individually and only through binding, final, and confidential arbitration. You have the right to opt out of this arbitration provision within thirty (30) days from the date that you purchase, use, or attempt to use a Service purchased on or through the Website (whichever comes first) by writing to us via certified mail at Aterna AI, Attn: Legal Department, 8 The Green, STE R, Dover, DE 19901, USA. For your opt-out to be effective, you must submit a signed written notice identifying any Service you purchased, used, or attempted to use within the 30 days and the date you first purchased, used, or attempted to use the Service. If more than thirty (30) days have passed, you are not eligible to opt out of this provision, and you must pursue your Claim through binding arbitration as set forth in this Agreement.

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Aterna AI, its parent, subsidiaries, predecessors, successors, and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third party.

Our Website may include materials from third parties or links to third-party websites. We are not liable for any third-party materials or websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.

Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”), whether directly to the Website or in user discussions, is and will be treated as non-confidential and non-proprietary, and we shall have the right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us, and you take full responsibility for its accuracy and completeness. Aterna AI does not guarantee anyone’s success or that anyone will experience the results that are portrayed via its Services.

Furthermore, by using any of the communications tools available as part of our Services, you acknowledge and agree that (a) all communications tools constitute public, and not private, means of communication between you and other parties; (b) communications sent to or received from third-party service providers or other third parties are not endorsed, sponsored, or approved by Aterna AI in any manner (unless expressly stated otherwise by Aterna AI); and (c) communications are not pre-reviewed, post-reviewed, screened, archived, or otherwise monitored by Aterna AI in any manner, though Aterna AI reserves the right to do so at any time at its sole discretion in accordance with these Terms.

Aterna AI reserves the right to correct grammatical and typing errors, to shorten Submissions prior to publication or use, and to review all Submissions prior to publication or use. Aterna AI shall be under no obligation to use any, or any part of, any Submission.

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

You may not assign any of your rights under these Terms, and any such attempt will be null and void. Aterna AI and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Aterna AI’s business is transferred to another entity by way of merger, sale of its assets, or otherwise.

No waiver by Aterna AI of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Aterna AI to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

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

In the event that we terminate this Agreement, Sections 1–24, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.

These Terms and the Agreement constitute the entire agreement and understanding between you and Aterna AI and supersede and replace any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

If you have any questions regarding your account, any Service, or these Terms, please contact our customer support team by phone, mail, or email at the following:
‍
Aterna AI LLC
8 The Green, STE R, Dover, DE 19901, USA
Email: info@aternaai.com