IMPORTANT – READ CAREFULLY: The terms and conditions that follow set forth a legal agreement between you (either an individual or an entity), the end user, and Artificial Intelligence Optimization and Software AIOS, LLC (“AIOS”), a Florida limited liability company, relating to the computer software of AIOS accompanying this Agreement and/or content (“Software”). You should carefully read these terms and conditions BEFORE downloading, installing and/or using the Software.

By downloading, accessing, viewing, or otherwise using the Software, you are agreeing to be bound by the terms and conditions of the Agreement.

The Software that you are about to access is a plug-in developed by AIOS. This End-User License Agreement (“Agreement”) sets forth the terms and conditions under which you, as an individual or entity authorized by AIOS (“you”), may use the Software.

1.    GRANT OF LICENSE. AIOS grants to you one non-exclusive, non-assignable, non-transferable, non-sublicensable, and non-exchangeable license, for use by you for the term of this Agreement, to access and use the Software and any user’s guides, specifications, and other related documentation available, subject to the terms and conditions of this Agreement. The license allows you to use only one copy of the Software on one computer concurrently, whether that computer is physical or virtual. This license applies to the full featured version of the software and the free limited featured version of the software that AIOS may provide. You must purchase the full featured version of the software to access all the functionality of the Software. This license only applies to the version of the Software that you are currently installing and does not entitle you to updated versions of the Software. An upgrade license extends your existing License to include running a newer version of the Software. An upgrade license does not change the number of users who can use the Software simultaneously.

2.    OWNERSHIP OF THE SOFTWARE; RESTRICTIONS ON COPYING; OTHER RESTRICTIONS. AIOS owns and will retain all copyright, trade secret, and other proprietary rights in and to the Software. THE SOFTWARE AND ANY DOCUMENTATION ARE PROTECTED BY COPYRIGHT LAWS AND OTHER INTELLECTUAL PROPERTY LAWS. The Software’s structure, organization and code are valuable trade secrets of AIOS. You may not remove from the Software any copyright or other proprietary rights notice or any disclaimer. You may not transfer, sell, license, sublicense, lend, lease, or rent the Software or the license granted by this Agreement. You may not use any portion of the Software separately from or independently of the Software, modify or make works derivative of the Software and you may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You are responsible for the supervision, management and control of the use of the Software, and output of the Software, including, but not limited to, selection of the Software to achieve your intended results and for establishing adequate backup to prevent the loss of data in the event of a malfunction of the Software. You agree to take all reasonable steps to safeguard your license key provided by AIOS for the Software so as to ensure that no unauthorized person will have access to it, and that no persons authorized to have access will make any unauthorized use. You shall promptly report to AIOS any unauthorized use of the Software of which you become aware and shall take such further steps as may reasonably be requested by AIOS to prevent unauthorized use thereof.

3.   TERM AND TERMINATION. The license granted in this Agreement is effective in perpetuity, as long as you own the Software License and adhere to the terms and conditions of this Agreement. Your rights to use this Software are forfeited if you breach the terms of this license. On termination of this Agreement, you agree to promptly discontinue use of the Software, deactivate the license key per instructions provided by AIOS, destroy all printed copies and delete all electronic copies of any documentation that you have downloaded, printed, or created relating to the Software, and to ensure that no copies of any of the Software screens, data, or other content remain archived or otherwise stored on your computer. Notwithstanding termination, the provisions of Sections 2-5, and 9 of this Agreement shall survive and continue to apply.

4.    LIMITATION OF LIABILITY. You are not entitled to receive damages from AIOS for any cause relating to this Agreement, to your use of the Software, to any services provided by AIOS under this Agreement, or to any services provided by any third-party in connection with your use of the Software. IN NO EVENT SHALL AIOS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SOFTWARE FURNISHED HEREUNDER, EVEN IF AIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5.    WARRANTY & DISCLAIMERS. AIOS provides the Software to you AS IS and without a warranty of any kind. AIOS does not warrant the performance or results you may obtain by using the Software, that the Software will meet your requirements, or that the operation of the Software will be uninterrupted or error-free. You acknowledge the Software is a plug-in to be used in conjunction with third-party software and AIOS has no control over the third-party software. The third-party software may affect the use, performance, results, or operation of the Software.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIOS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE, OR THE COURSE OF DEALING BETWEEN THE PARTIES. AIOS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.

6.    LIMITED TECHNICAL SUPPORT. Pursuant to this Agreement, the Software is provided to you “AS IS” and AIOS is not obligated to provide technical support to you in the operation of the Software. Notwithstanding, AIOS, at its sole discretion, will provide limited technical support. Support request may be submitted by emailing AIOS at its designated support email address. Response times may vary. 

7.    EXPORT CONTROL RESTRICTIONS. Export to you of the Software and documentation is subject to all applicable countries’ export and re-export laws and regulations, including but not limited to the export control laws of the United States. AIOS shall have no liability towards you if necessary authorizations, licenses or approvals are not obtained. You shall not export or re-export, either directly or indirectly, the Software when such export or re-export requires an export license or other governmental approval without first obtaining such license or approval. You hereby warrant to AIOS that all Software ordered hereunder shall not be used in violation of any applicable export laws.

8.    PRIVACY AND DATA COLLECTION. The following information may be collected: first and last name; company; email; telephone number; account creation information; login information such as User ID and other credentials; account information; and other information, depending on your inquiry. This data is used by AIOS for the following purposes: for sales and marketing purposes, to follow up on requests, and to provide additional information or to answer questions; for responding to inquiries and to otherwise correspond with you; for communicating with you; for supplying you the Software; and for meeting legal obligations. Your personal data will only be passed on to third-parties or otherwise transmitted if this is necessary for the purpose of contract execution or billing, or if you have previously consented. For example, in the context of order processing, for the service providers used here (such as PayPal or other banks), the data is necessary to handle the order and order processing. The data transmitted in this way may only be used by our service providers to fulfill their respective contractual tasks. Any other use of the information is not permitted. AIOS requires the correct name, address, contact and payment details to process your order. AIOS needs your email address to communicate with you. Employer and job title information is required (as relevant) to ensure services such as support and follow-up can be properly provided.

9.    ARBITRATION. This Section only applies if you reside in (or obtained the Software in) the United States or Canada. Any disputes arising from or related to this agreement shall be finally settled by binding, confidential arbitration by a single arbitrator selected using the rules and procedures for arbitrator selection under the JAMS’ Expedited Procedures in its Comprehensive Arbitration Rules and Procedures (“JAMS”). The arbitration proceedings shall be conducted in Hillsborough County, Florida. The arbitration proceedings shall be conducted in English and all documentation shall be presented and filed in English. The decision of the arbitrator shall be final and binding on the parties, and judgment may be entered on the arbitration award and enforced by any court of competent jurisdiction.

10. GOVERNING LAW. This Agreement will be governed by the laws of the State of Florida, United States of America, without reference to its laws relating to conflicts of law.

11. NO ASSIGNMENT. You may not assign this Agreement or any of the rights granted by AIOS hereunder, in whole or in part, without the prior written consent of AIOS, and any attempt to do so shall be void. AIOS may freely assign this Agreement and all rights, duties, and obligations hereunder at any time to any party. This Agreement is binding on and shall inure to the benefit of the parties and their respective successors and permitted assigns.

12. SEVERABILITY. If any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, then to the maximum extent permitted by law, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement.

13. FORCE MAJEURE. If the performance of AIOS under this Agreement is prevented, hindered, or otherwise made impractical by reason of flood, strike, war, acts of government, or any other casualty or cause beyond the control of AIOS, then AIOS shall be excused from its performance to the extent and so long as it is prevented, hindered, or delayed by such event(s).

14. MODIFICATION. This Agreement may be modified or amended at the sole discretion of AIOS.

15. ACKNOWLEDGEMENT AND EXCLUSIVITY. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND AIOS, AND THAT IT SUPERSEDES ANY PROPOSAL, PRIOR AGREEMENT, OR UNDERSTANDING, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND AIOS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. THIS AGREEMENT MAY NOT BE CHANGED, ALTERED, OR MODIFIED EXCEPT IN WRITING AND SIGNED BY THE PARTIES.