PLEASE READ THE FOLLOWING USER AGREEMENT CAREFULLY BEFORE USING OUR WEBSITE AND/OR SERVICE.
You agree to and understand the following in its entirety: This User Agreement (“User Agreement” or “Agreement”); the Privacy Policy (“Privacy Policy”); all policies posted on our Aumnics.ai domain, sub-domains; other Aumnics powered sites applications and API’s; and all other related services, websites, applications, and tools furnished to you in Aumnics’s online information and technology services marketplace, describe the terms and conditions with which you, (also referred to as you, your, or user) may access and use our platform (collectively, “Aumnics Services”). When You accept the terms and conditions of this User Agreement, You hereby agree and acknowledge in our sole discretion, at any time, we may modify the terms of this User Agreement. When we make changes to the terms of this User Agreement, we may notify you of such changes through email and will post the modified User Agreement on the Aumnics website with an updated “Last Revised Date” at the bottom of this User Agreement. All modified terms and conditions shall take effect immediately after posting to the Aumnics website. Any continued use of the Aumnics Services by You following the effective date of such changes is acceptance by you to all the User Agreement as then posted. This User Agreement may not be modified, amended, and/or changed by You in any manner. Furthermore, You agree that we may modify this User Agreement or discontinue our Platform at any time and without notice and without any liability or responsibility to You.
You are entering this User Agreement with Aumnics Inc (“Aumnics”).
THIS USER AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER AND HAS RESTRICTIONS ON YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING OUR SERVICES, USER AGREEMENT, OR PRIVACY POLICY. THE ARBITRATION CLAUSE AND CLASS ACTION WAIVER GOVERNS HOW CLAIMS AGAINST AUMNICS CAN BE BROUGHT BY YOU AS A USER. BY AGREEING TO THE TERMS OF THIS USER AGREEMENT, YOU ACKNOWLEDGE AND AGREE TO SUBMIT ALL CLAIMS YOU MAY HAVE AGAINST AUMNICS THROUGH FINAL AND BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.
1. Definitions
1.1. Aumnics Services
The “Aumnics Services” are the use of the Platform and all of the services offered by Aumics through Aumnics and the Platform.
1.2. Customer
A “Customer” is a person or entity that arranges to use the IT Services offered by a Service Provider or through the Platform.
1.3. Service Provider
A “Servicer Provider” is a person or entity that provides IT Services requested by a Customer or through the Platform.
1.4. IT Services
“IT Services” are information and technology services, and other services offered by a Service Provider to a Customer or through the Platform.
1.5. Platform
The “Platform” or “Aumnics Platform” is the website (currently www.Aumnics.ai), the web application, the desktop application, the mobile application, the Aumnics Services, and any other way or thing in which or related to how Aumnics offers the Aumnics Services.
2. Preamble
Aumnics owns and operates the Platform.
Customers may use the Platform in order to make requests for IT Services (each a “Request” and together the “Requests”). Aumnics may review any Request before posting it to the Platform, may refrain from posting any Request to the Platform, and may remove any posted Request from the Platform at any time and in Aumnics’s sole discretion.
The Service Provider is or operates a well-established information and technology service providing business.
Service Providers will submit a quote to Aumnics based on the information contained in a Request or having a standing quote based on their hourly rate (“Quote”). Service Provider is one of many service providers able to submit quotes ). Aumnics may review any Quote before posting it to the Platform, may refrain from posting any Quote to the Platform, and may remove any posted Quote from the Platform at any time and in Aumnics’s sole discretion.
Once a Quote is submitted, a Customer will be able to select that Quote or one of the other Quotes, that will bind the Customer to use the Service Provider to provide those IT Services described in the Request, alternatively, Customer can select a Quote based on a Service Provider’s hourly rate (a selected Quote together with the Request, when a Request is submitted, will constitute an “Order”).
An Order will constitute a contract between the Customer and the Service Provider (“Service Contract”). The terms of the Service Contract will contain the Request, the Quote and those terms in this Agreement that are by their nature intended to be a part of the Service Contract.
3. Payment
Payment processing services for you may be provided by a third party, and when they are, such payment processing is subject to any third-party agreements required by the third party for such payment processing (collectively, the “Payment Processing Agreement”). By agreeing to this User Agreement, You agree to be bound by the Payment Processing Agreement, as the same may be modified from time to time. As a condition of Aumnics enabling payment processing services, You agree to provide Aumnics with accurate and complete information about You and Your business, and you authorize Aumnics to share it and transaction information related to Your use of the payment processing services.
4. Use of Services
Aumnics does not guarantee any pricing, delivery, logistics, or other terms of business between you and other users of Aumnics’s Services. Aumnics does not provide any comprehensive guarantees regarding use of the Aumnics Services, and the Aumnics Services are not a substitute for thoughtfulness and awareness when engaging in business with other users. We at Aumnics are not responsible for any losses, damages, or injuries that may result from your choice to engage in, or business you transact with another user of the Platform, the Aumnics Services, or the IT Services. If you do not agree with the foregoing, please do not use our Platform.
Aumnics discourages You against providing anyone with access to your login credentials to your user account.
However, if You do give someone your username and password, or if You fail to adequately safeguard such information, You are responsible for any and all transactions the person performs while using your account, even if those transactions are fraudulent or You did not intend or want them performed.
4.1. Free Trials
Aumnics may offer obligation free trials on its Platform for one week of IT Services from any Team or Team Member. In such a free trial, if Customer cancels work with any Team or Team Member within 7 days of that Team or Team Member beginning to provide IT Services, then Service Provider will waive any fees incurred by that Team or Team Member; if Customer does not cancel in the 7 days, they will be charged for the risk free 7 days that were used.
5. License and Acceptable Use
The Aumnics Services contain copyrighted material, inventions, know-how, potential patentable business method material, design logos, phrases, names, logos or applications, code, and other intellectual property (“Intellectual Property “). Unless otherwise indicated or provided pursuant to a third-party license, Intellectual Property is Aumnics’ sole property. We own the “look”, “feel”, “appearance”, and “graphic function” of our Services. Your use of the Aumnics Services does not confer any license or permission to use any Intellectual Property to you beyond what is necessary to enter into and complete an Order. You may not collect or use any information displayed on the Platform, including without limitation pricing, Customer information, and Service Provider Information. The Platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Aumnics. You may not misuse the Aumnics Services. You may use the Aumnics Services only as permitted by law and this Agreement. Aumnics may suspend, terminate, or limit your use of Aumnics or the Aumnics Platform at any time.
6. Aumnics is a Platform
Aumnics is a platform that acts as a neutral venue and clearinghouse for information and technology services.
Aumnics is not a Service Provider. The Aumnics Platform acts as a venue where Customers and Service Providers can enter into agreements. Aumnics is not a party to any agreement made between Customers and Service Providers via the Aumnics Platform. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website. Aumnics does not prequalify or validate the claims or qualifications of Service Providers. Aumnics does not endorse, recommend, or refer to any specific user, nor does Aumnics have any control or influence over actions or decisions made by Customers or Service Providers. All users of the Platform make their own decisions and You acknowledge and agree that we are not in any way arranging IT Services on your behalf. We have no control over the accuracy of Requests, Quotes, the ability of Service Providers to perform, or the ability of Customers to perform. We cannot ensure the Customer or Service Provider will actually complete their obligations.
We cannot and do not guarantee the ability of users to complete or fulfill any Services booked through the Platform.
We cannot and do not guarantee the verification of any user’s identity. Any identity verification methods we employ are strictly on a best efforts basis and should not be solely relied upon by our users. Any warranties or representations made with regard to the arrangement of Services are not provided by Aumnics and are specifically and solely between Customer and Service Provider
7. Site Access
You warrant that you have capacity to contract. Aumnics may suspend any user at any time for any reason. You warrant you are at least 18 years of age and have reached the age of majority in the state or jurisdiction where You live or reside or you will not use the Platform or Services. Your Aumnics account may not be transferred or sold to another party. If You are registering as a business entity, you represent that You have the authority to bind the entity to this agreement. Users who engage in the provision of IT Services must have all valid licenses, including but not limited to a license to operate the vehicle they intend to use. You agree that You will not use your participation in the Aumnics website as a means to sell or market any types of goods or products, unless specifically allowed by Aumnics in writing.
8. Customers.
Customers are responsible for accurately submitting their Request and reading completely the corresponding Quotes including without limitation all terms, conditions, and Warranties. By selecting a Quote, You are agreeing to the Quote’s terms, conditions, and Warranties, and entering into a legally binding agreement with the Service Provider, unless the transaction is prohibited by law or by this User Agreement. You acknowledge that, unless otherwise noted by the Service Provider, all completion times are estimates only and are not guaranteed. Cancellations may be requested by either party prior to services being rendered. Aumnics only performs minimal screening and
verification of Service Providers and Customers will not rely on such screening or verification. IMPORTANT: Aumnics does not actively screen or qualify Service Providers for compliance with federal, state or local laws and regulations. It is recommended that You confirm such compliance directly before services are rendered.
9. Service Providers.
Service Providers must legally be able to provide the IT Services You submit a Quote for through the Platform. You agree that it is your sole obligation to comply with all laws, rules, statutes, and regulations that may apply including any and all local, state, and federal licensing requirements. Service Provider agrees that, through the various products and features on Aumnics, they are solely responsible for all aspects of services, pricing, and terms they offer the Customer through a Quote. Rates, services, and terms are solely provided by the Service Provider and not by Aumnics. Aumnics does not verify or adhere to the terms put forth by the Service Provider. These Service Provider terms may not directly violate Aumnics’s User Agreement.
You understand and acknowledge that all information in a Request is provided by other users and Aumnics has no control over or responsibility for the accuracy of this information. You are responsible for reading all of the Request’s details, and by booking with a Customer on Aumnics, you are entering into a legally binding agreement to complete the services as requested by the Customer in the Request. Service Provider will work with Aumnics and the Platform to properly onboard its employees and subService Providers that will be providing the IT Services (“Team Members”). Service Provider and each Team Member agree not to engage with any other person or entity that provides services that are competitive with Aumnics during any period they are using the Platform in relation to providing IT Services and for a period of 3 months thereafter.
10. Non-Circumvention
Aumnics uses substantial resources to connect Customers and Service Providers. Customer and Service Provider agree not to circumvent the Platform and engage each other outside the Platform. Customer agrees not to request services from any Service Providers outside of the Platform. Service Providers agree not to provide services to any Customer outside the Platform. If any Customer and Service Provider engage outside of the Platform, they will be jointly and severally liable for 10% of any consideration exchanged outside of the Platform.
11. Terms required in every Service Contract
The following term will be a part of every Service Contract and will supersede any different or contrary provisions in the Service Contract with capitalized terms having the meaning set forth in this Agreement: “The materials resulting from the performance of the IT Services and all copies thereof, including works in progress, in whatever media, whether arising before execution of this agreement or subs equent to execution of this agreement are the “Work.” Service Provider agrees that the development of the Work (but excluding Service Provider Tools) is “work made for hire” within the meaning of the Copyright Act of 1976, as amended from time to time, and that the Work shall be the sole property of Customer. “Service Provider Tools” means the materials, information, trade secrets, generic programming codes and segments, algorithms, methodologies, processes, tools, data, documents, notes, programming techniques, reusable objects, routines, formulae and templates that:
(a) are developed prior to the Work and utilized by Service Provider in connection with the Work;
(b) are designed to perform generalized functions not specific to the particular requirements of Customer or the Work;
(c)do not contain any information or items provided by Customer; and (d) cannot reasonably be expected to provide Customer an advantage over its competitors.
To the extent any Work performed by Service Provider does not qualify as a “work made for hire” under applicable law, Service Provider hereby irrevocably and unconditionally assigns to Customer, without further compensation, all of its right, title and interest in and to the Work and any and all related patents, copyrights, trademarks, and trade names in the United States and elsewhere. This assignment is conditioned upon full payment of the compensation due to the Service Provider. To the extent any of Service Provider’s rights in the Work, including without limitation any moral rights, are not capable of assignment under applicable law, Service Provider hereby irrevocably and unconditionally waives all enforcement of such rights to the maximum extent permitted under applicable law. Service Provider will assist Customer in obtaining and enforcing patent, copyright and other forms of legal protection for the Work in any country. Upon request, Service Provider will sign all applications, assignments, instruments and papers and perform all acts necessary or desired by Customer to assign the Work fully and completely to Customer and to enable Customer, its successors, assigns and nominees, to secure and enjoy the full and exclusive benefits and advantages of the Work at no charge to Customer; however, Customer shall reimburse Service Provider for reasonable out-of-pocket expenses. Service Provider shall protect all Customer information, data, and Work using industry standard practices.”
12. Leave Policies
Aumnics encourages every Customer and Service Provider to provide and allow for a leave policy with at least as many days off and paid days off as follows: 23 days of paid leave per year, 11 days off for recognized holidays, and 12 paid sick days per year.
13. Payments.
Customers may be given one or more payment options at the time of selecting a Quote. Aumnics is not an escrow service and does not hold any payment received in trust. Each individual user is solely in control of payments made through Aumnics. Customers agree to pay to Aumnics the amount in the Order on the terms and schedule specified in the Order, the Services and this Agreement (“Payment”). Customer and Service Provider acknowledge and agree that Aumnics will retain 10% of all fees paid by Customer to Service Provider. The schedule
13.1. Chargebacks and Reversed Payments:
In the event that a Customer successfully charges back a credit or debit card payment or reverses any other payment type, then Aumnics will reverse the payment within the Customer and Service Provider accounts and the IT Services would then be treated as unpaid. Unwarranted chargebacks or payment reversals initiated by Aumnics users are prohibited, will result in the suspension of your Aumnics account, and may result in Aumnics pursuing any and all options at its disposal to collect the withdrawn funds including, but not limited to, sending your unpaid account to a third-party collection agency. In the event that IT Services were not performed, all users must abide by the Aumnics cancellation policy.
The Aumnics cancellation process ensures the integrity of the feedback system and accuracy of any refund. There are situations where a chargeback may be warranted, such as when a user feels that their card or payment method has been charged fraudulently. Prior to any chargeback initiation, Aumnics must be notified by the cardholder so that Aumnics may investigate the claim to determine if a chargeback is appropriate. A chargeback may not be filed as a replacement, or an addition to, a cancellation of an Aumnics transaction. If an unwarranted chargeback of the Customer’s payment is initiated and accepted by the payment processor or other entity, Aumnics reserves the right to charge the Service Provider for any costs associated with the chargeback. If a chargeback is accepted, the Service Provider becomes responsible for that invoiceable amount.
13.2. Payment Authorization
Customer agrees to keep its payment information current at all times and authorizes Aumnics to charge any payment method supplied to Aumnics (including but not limited to credit card, debit card, wire transfer and/or automated clearing house) provided by Customer, all amounts due under this Agreement.
14. Pricing
Prices are offered by Service Providers not Aumnics. Aumnics retains 10% of the amount paid to Service Provider as its fee. Quotes Customers receive on the Platform are based on the price Service Providers submit which are required to be all-inclusive based on the information Customers provide in a Request; however, if the actual IT Services are materially different than specified by the Customer and result in changes, then Service Providers may invoice a different amount than the original quote, and the Customer shall be responsible for all additional costs incurred.Fees You are solely responsible for all transactions conducted through your account and for paying all fees incurred by any users of your account as well as all applicable taxes. Some features on Aumnics require a payment method to be on file with Aumnics. You authorize Aumnics to charge any applicable fees to the payment method(s) You provide to us. Aumnics reserves the right to waive or change our fees, penalties, or interest at any time. We may temporarily change or suspend our fees as a promotion and such changes are effective for the promotional period indicated in writing by Aumnics.
1.1. Basic Accounts Fees.
There are no registration or subscription fees for basic Customer accounts.
14.1. Subscription Fees
Aumnics Services may be subject to a recurring or one time fee. Any such Aumnics Services will also be subject to the terms of an agreement entered into when subscribing to those Aumnics Services.
1.2. Listing Fee
Aumnics may collect a listing fee in order to list a Request on the Platform. The amount for such a listing fee, if any, will be displayed to users before submitting any Request and such fee is non-refundable. 1.3. Service Provider Transaction Fees. Service Providers may be charged a base transaction fee (base fees may be discounted for special programs) for UT Services that are booked and completed through the Platform.
14.2. Payment Fees
Any fees incurred by Aumnics in processing a payment from Customer will be added to the fee owed by Customer. Any fees incurred by Aumnics in making a payment to Service Provider will be paid by Service Provider or deducted from the amount to be paid to Service Provider at Aumnics discretion.
1.4. Penalty Fees
1.4.1. Failed ACH Fees.
If payment by bank account (ACH) is not received for any reason, a fee of USD $50.00 will be debited to your Aumnics account.
1.4.2. Unpaid Balance Fees.
If, for any reason, any unpaid balances have not been received or in any manner realized by Aumnics on Orders that have been completed by You for the services and any additional services performed for You (“Unpaid Balances”), You agree to pay such Unpaid Balance immediately. If in any billing period, we are not able to collect the full Unpaid Balance from your available Aumnics account balance, we reserve the right to charge your payment method on file for the balance(s) associated. Aumnics reserves the right to charge your account an Unpaid Balance penalty of 5% of the total cost or USD $10, whichever is greater, and hold your account until the debt has been settled if not paid within 5 days of debt creation. If the balance remains unpaid for 30 days, the account in question will be suspended. If the Unpaid Balance is not addressed within 60 days, the account in question will be sent to collections. In addition, Aumnics may charge interest, in the amount of 1.5% per month or fraction thereof on any unpaid account balance that You maintain. Any partial payments made to users’ account balances will first be applied to the most recent fees owed to Aumnics. If at any time after 30 days we cannot collect any fees owed to us, we may suspend or terminate your account, or, at our sole discretion, take any additional action necessary to collect the Unpaid Balance. Aumnics reserves the right to waive or change our fees, penalties, or interest charged at any time. You also agree to pay any costs of collection incurred by us with respect to any Unpaid Balance. You also consent and authorize us to, in our sole discretion, make appropriate reports to third-party credit collection agencies, credit reporting agencies, financial institutions, tax agencies, and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
15. Change Orders
If Customer requests a change in the IT Services such that Service Provider will increase or decrease their fees, a new Service Contract will be entered into between the Customer and the Service Provider. This occurs by a Party cancelling the current Service Contract and then the Customer and Service Provider make a new Service Contract. 16. Match Cancellations and Account Credits. A cancellation may be made by either party at any time. A cancellation is made through the Platform or by emailing info@aumincs.ai. Cancellation is effective when properly emailed and delivered to Aumnics. Cancellations should only be requested after reasonable attempts have been made to reach an agreeable solution and it is certain that the Services that were booked on Aumnics will not be performed. When You request a cancellation, the other party will be notified and will have the opportunity to respond by either:
- accepting the cancellation and your reason;
- accepting the cancellation but providing their own reason and/or comments; or
- disputing the cancellation and requesting review by Aumnics staff.
16.1. Accepted Cancellation or Cancellation Before IT Services Begin
If your request for cancellation occurs before IT Services begin or is accepted by the other party, the match will be cancelled and the Request can either be relisted or deleted.
16.2. Disputed Cancellation
If your cancellation request is after IT Services begin and is disputed by the other member, a determination will be made by Aumnics on allowing or not allowing the cancellation. If the other party does not respond, the cancellation and reason will be automatically accepted.
16.3. Effect of Cancellation
When a cancellation is made after, the effect is that the Service Contract is terminated, Customer is liable to pay for all work performed up to the cancellation date, and conditioned on Service Provider receiving payment for its IT Services provided, Service provider is to deliver all Work to the Customer; however, Service Provider is not required to deliver any Work if the cancellation occurs before the end of the 7 day trial.
16.4. Refunds and Credits.
A Customer will receive a refund of the Order cancelled for the portion of the IT Services pre-paid for and not due to Service Provider, less non-refundable fees, payment will be returned to Customer within 120 days of the cancellation; Aumnics will attempt to return to Customer any such fees within 48 hours of a cancellation before IT Services begin, 48 hours of a cancellation being accepted, and 48 hours of a disputed cancellation being resolved.
17. Mobile Application Usage.
Aumnics does not warrant that the mobile application will be compatible or interoperable with your mobile device or any other piece of hardware, software, or equipment. Furthermore, you acknowledge that compatibility and interpretability problems can cause the performance of your mobile device to diminish or fail completely, and may result in permanent damage to your mobile device, and corruption of the software of and files located on your mobile device, and Aumnics shall have no liability should these problems arise. You assume all responsibility and risk for the use of the Aumnics Services and mobile applications. You may only access the Aumnics Service using authorized means. It is your responsibility to check to ensure you download the correct application for your device. Aumnics is not liable if you do not have a compatible mobile device or if you download the wrong version of the application for your mobile device. Aumnics reserves the right to terminate the Service and the use of the application should you be using the Service or application with an incompatible or unauthorized device.
You will comply with all applicable laws from your home nation, the country, state, and/or city in which you are present while using the application or Service.
18. Service Provider Claims and Service Provider Limitations of Liability.
As a neutral venue, Aumnics does not set terms specific to Service Provider liability. Except where otherwise provided by the Service Provider via the Platform, the Service Provider liability for any damage, loss, or theft from any cause shall be determined under the presiding, applicable law. All claims should be submitted immediately by the Customer to the selected Service Provider to help ensure timely resolution, and Aumnics shall have no liability or responsibility for same. The Customer may not offset charges against claims. The liability for loss will be determined by the terms of a specific Order.
19. Information You Submit.
You solely are responsible for any information You provide to us or other users in the registration, Request, or any other use of the Aumnics Services. Your personal information and any information given must be true, legal, accurate, and non-fraudulent. You authorize Aumnics to use the information You supply to us in connection with our business, the Aumnics Services, and in accordance with this Agreement. You acknowledge and agree that Aumnics acts as a passive conduit for any and all communication and/or distribution of information and such communication and/or distribution does not constitute a sale of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information, nor will we act as a monitor over the content of such communication or information. However, we do reserve the absolute right to remove or restrict any communication or information that You may post to the Aumnics Services, for any reason. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.
Furthermore, You expressly represent and warrant the following: (1) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that You post on the Aumnics Services, or; (2) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content, and/or information. To only that extent to allow us to use your communication, content, and/or information and not violate your rights in the same, You grant to us a royalty free, transferable, worldwide, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity, and database rights that You have in your communication, content, and/or information. You further represent and warrant that any and all of your online communication, content, and/or information will not, in the sole opinion of Aumnics:
Violate any international, federal or state law, regulation, rule, or statute;
Violate the terms of this Agreement;
Infringe upon any third party’s intellectual property rights including, but not limited to, copyright, patent, or trademark rights;
Contain obscene, lewd, or suggestive content and under no circumstances will it contain pornography;
Be libelous, threatening, discriminatory, harassing, or defamatory. This specifically includes making legal claims of any sort about Aumnics employees, agents, other users, or any of the Aumnics Services;
Knowingly contain any computer hardware or software, viruses, trojan horses, worms, or any other computer programming that may interfere with the operation of our Platform, operation of any of our systems, and/or create or impose a large burden or load on the Aumnics Services;
Scan or test the vulnerability or security of our Platform or the system within which the Aumnics Services operate;
Be used for commercial or public purposes outside of the requirements of this Agreement;
Knowingly create liability for Aumnics through your use of Aumnics’s Services;
Frame or link to our Platform without our written permission; or
Knowingly involve the upload, or insertion of, any programming language or code into or onto our Platform.
20. Aumnics User Moderation.
The Aumnics Services are self-policed by Aumnics users via a flagging system that is used to communicate the policies of the Aumnics User Agreement and Flagging Policies. Aumnics reserves the right to edit, amend, or delete any information posted on the Aumnics Services if, in the sole opinion of Aumnics, it is in violation of any policy or the Community Rules and Guidelines and may suspend or terminate any User account at any time.
21. Information
21.1. Information Posted Publicly.
Unless otherwise indicated, activity on Aumnics is intended to be made public, and You are authorizing Aumnics to use or repurpose this activity within the scope Platform and this Agreement, including in a user identifiable manner. In order to maintain the safety, security and integrity of the Aumnics Service, You may not provide contact information to other users prior to booking and never on any public area of the site.
21.2. Information Posted Privately.
For any information You provide that is expressly not intended to be made public, You grant Aumnics a right to use the information in aggregate or in a non-user identifiable manner pursuant to our Privacy Policy.
22. Third Party Services
Some portions of the Aumnics platform implement third party API(s). Your use of such an API is subject to the terms of service for that API. Specifically and without limitation, Aumnics uses the following third parties with respect to payment processing: i)Plaid Inc., (“Plaid”) ii)Network Merchants, LLC (“nmi”) and iii) SVB Financial Group (“SVB”)(Plaid, nmi, and SVB are together the “Processors”); by using the Platform, you grant Aumnics and the Processors the right, power, and authority to act on your behalf to access and transmit your personal and financial information from your relevant financial institution and You agree to your personal and financial information being transferred, stored, and processed by the processors in accordance with there privacy policies available at: https://www.svb.com/privacy-notice, https://www.nmi.com/privacy-policy, and https://plaid.com/legal/#end-user-privacy-policy respectively.
23. Prohibited Activities.
Aumnics may suspend or remove your account at any time for any reason including without limitation if we suspect that You have engaged in prohibited activities in connection with the Aumnics Services. Aumnics reserves the right, but is not obligated, to edit, amend, or delete any prohibited or malicious content that users submit on the Aumnics Services. Users may not manipulate or attempt to manipulate other users’ Aumnics accounts. Other prohibited activities include, but are not limited to:
Requesting payment from another Aumnics user via instant cash transfer services (non-bank, point-to-point cash transfer services such as Western Union or Moneygram);
Improperly influencing in any manner, or cause another to improperly influence or manipulate in any manner the feedback of the user;
Posting and/or copying and pasting the content of a user feedback review from the Aumnics Services to your own personal or business website, to any other third party website, and/or on any of your own personal, business, or third party marketing/advertising materials regardless of the form;
Posting or attempting to post, in any manner or by any means, a feedback review on your own Aumnics account;
Asking Customers to pay off-site through another form of payment when they have already paid through Aumnics Payments;
Changing, or in any way attempting to collect from users, as an additional charge to the total amount agreed upon for the IT Services or;
Charging users a higher price (including taxes, service charges, or any other fees) than that which was agreed uponon Aumnics (provided that the IT Services was as described on Aumnics). The Order price must include ANY and ALL charges, including any taxes, fees, etc.;
Causing another person or entity to engage in any conduct, act, or behavior intended or designed to circumvent or avoid, in any manner, our rights;
Entering into any transaction, letter of intent, or memorandum of understanding, written or verbal, formal or informal agreement, with a user, that circumvents or avoids our rights;
Communicating or corresponding, whether by written, verbal, or electronic means, with a user, for the purpose of entering into an agreement or transaction that circumvents or avoids our rights;
Entering personal contact information, such as but not limited to: website addresses, fax numbers, phone numbers, street addresses, or email addresses;
Using personal contact information, such as but not limited to: website addresses, fax numbers, phone numbers, street addresses, or email addresses, obtained through the Aumnics site to offer or request any services or products.
Using the Aumnics name on your own personal and/or business website in any manner, including in the URL without express written consent of Aumnics;
Attempting to redirect website traffic from the Aumnics software platform to your own personal and/or business website in any manner.
24. Termination and Suspension
We reserve the absolute right to reject or suspend your participation, or remove You from your current participation, with Aumnics, the Platform, or the Aumnics Services at any time and for any reason or for no reason and without notice to You.
We are not liable for any damage or loss resulting from such hold, suspension, or removal. Events and scenarios that may result in the suspension or removal of your participation include but are not limited to: flagging; abusive or hostile behavior; unresolved disputes; creating and/or maintaining multiple accounts or relation to other accounts; committing fraud or violating this User Agreement; and, poor performance on the site (high cancellations, negative feedback, etc.). Aumnics has no obligation to disclose the reason for actions taken under this section. All decisions are final.
25. Location of Use
You may only use the Aumnics Platform if you are located in the United States or India.
26. Feedback.
For each Aumnics transaction, the Customer is allowed to rate Service Provider by leaving feedback. Feedback should be left only after a services have been provided or a cancellation has been completed. You agree that You will not use your Aumnics feedback in any venue other than Aumnics. Users should always use caution and good judgment when leaving feedback for another user because You could be held legally responsible for damages to a user’s reputation if a court were to find that the remarks constitute libel or defamation. Under federal law (the
Communications Decency Act), because Aumnics does not censor feedback or investigate it for accuracy, Aumnics is not legally responsible for the remarks that users post, even if those remarks are defamatory. However, this law does not protect the person who leaves the feedback from responsibility for it. Aumnics may use the feedback in any way it deems fit in its sole and absolute discretion.
26.1. Resolving Feedback Disputes.
Aumnics will resolve disputes as it sees fit in its sole discretion.
27. Dispute Resolution.
Disputes between You and Aumnics regarding the Aumnics Services should be reported to Aumnics Support and are otherwise governed by this User Agreement. We will attempt to resolve any disputes between you and another user through customer support protocols. Because we are a neutral venue, however, we are not responsible for successfully resolving any disputes, nor are we responsible for any decisions made or actions taken in a reasonable effort to assist in the resolution of a dispute involving You. If You report a dispute to Aumnics, we will make reasonable efforts to help both parties communicate; however, all disputes must be resolved directly between You and the other party. Therefore, if we are contacted by a user who claims to have a dispute with You regarding transactions completed on Aumnics and they request your contact information (including, but not limited to, any of your provided phone numbers and/or addresses) to settle the dispute, You expressly authorize us to release your provided contact information to the Aumnics user and You agree to release us from any and all liability associated therewith. We encourage You to report all user-to-user disputes to law enforcement officials, or a certified mediation
or arbitration entity. When appropriate, we also encourage you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies.
28. Prohibited and Restricted Items
You may not list on any Request anything that does or could in its execution violate any applicable law, statute, ordinance, regulation, or includes prohibited items. Customer is responsible for accurately and completely providing a description of the services requested in the Request. Aumnics’s sole obligation with respect to the contents of an Order is to accurately and completely relay what it receives as between the Customer and Service Provider.
29. No Agency.
You hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of the Aumnics Services, does not confer or imply any Service Provider (independent or otherwise), agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship with us and furthermore that no affiliation, association, or connection exists between You and Aumnics.
30. Release.
Should you have a dispute with one or more Aumnics users, You release Aumnics, its officers, directors, agents, advisors, attorneys, accountants, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and/or this User Agreement.
31. Confidentiality/Non-Disclosure.
As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to You or You may otherwise learn of, or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business (“Our Information”). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited. All obligations contained in this Section shall survive the termination of this Agreement. Furthermore, You acknowledge that Our Information is proprietary, confidential, and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to
injunctive relief in addition to recovery for damages.
32. Taxes.
You are solely responsible for any and all taxes, levies, charges, and fees incurred or that may be payable to any taxing authority in connection with the transactions hereunder, other than any income tax incurred by Aumnics.
33. Record Keeping/Audit.
Aumnics reserves the right to keep all records of any and all transactions and communications between You and other users for administration purposes in accordance with all applicable laws and regulations. All records will be kept in accordance with applicable privacy laws and regulations.
34. Non-solicitation.
During the term of this Agreement You shall not solicit to hire nor hire our employees, Customers, or Service Providers of whom You become aware of through the performance of this Agreement. Furthermore, You shall not otherwise interfere with any of Aumnics’s other business relationships including, but not limited to, those with other Aumnics users, vendors, or business associates. Specifically, You shall not knowingly, directly or indirectly, solicit or attempt to solicit, divert, and/or send marketing content to any Aumnics user in which you initially met through Aumnics.
35. Unsolicited Idea Submission.
We always want to receive messages and feedback from Aumnics users and welcome any comments regarding the Aumnics marketplace. However, Aumnics policy does not allow us to accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by Aumnics might be similar or even identical to your idea.
If You do send Aumnics an unsolicited suggestion, idea, or proposal, or if You send, at the request of Aumnics, a comment or suggestion to improve the Aumnics Marketplace (for example, through discussion boards or via email) (collectively, the “Submission”), Aumnics will consider the Submission to be non-confidential and non-proprietary.
Aumnics shall have no obligations concerning the Submission, contractual or otherwise (including, but not limited to, an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. Aumnics shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you.
36. Remedies.
If You use the Aumnics Services in violation of this agreement, we are authorized to take action against you as a user and/or take action against your Aumnics account which may include, but is not limited to, the immediate removal of your Requests, Quotes, and/or profile, notifying our users of your actions, issuing a warning, temporarily suspending your user status, terminating your user status, and/or refusing to provide the Aumnics Services to You in the future.
37. Limited Liability and No Warranty.
You acknowledge that we cannot guarantee the continuous operation of or access to our sites, Platform, or tools including those of third-party solution providers. You further acknowledge that operation of and access to our sites, Platform, or tools including those of third-party solution providers may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that Aumnics is not responsible for any failures, delays, outages, or otherwise not making the Aumnics Services available at any time. You agree that You are making use of our sites, Platform, and tools including those of third-party solution providers at your own risk, and that they are being provided to You on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, warranties of title, and fitness for a particular purpose.
In addition, to the extent permitted by applicable law, we are not liable, and You agree not to hold Aumnics responsible, for any damages or losses resulting in any way from the foregoing in this Section, or the following:
Viruses or other malicious software obtained by accessing the Aumnics Services, or tools linked to the Aumnics Services including those of third-party solution providers;
Glitches, bugs, errors, or inaccuracies of any kind including information and graphics obtained from or in the Aumnics Services;
The content, actions, or inactions of third parties, including items listed using the Aumnics Services;
Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this Agreement or our policies;
Changes to the Aumnics Service availability, including planned or unplanned Platform downtime;
Changes to any Aumnics products, features, or the Aumnics Services; and Your removal from the Aumnics marketplace.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to You. In such jurisdictions, it is the intent of the parties to this User Agreement to make clear that Aumnics’s liability is extremely limited and provides its services “AS IS”, and if this User Agreement is modified by any Court of competent jurisdiction to conform to local law, such modification shall be conducted while preserving the original intent of the parties as closely as possible.
38. Indemnity.
You agree to indemnify and hold Aumnics and our officers, directors, agents, advisors, attorneys, accountants, and employees harmless from any claim or demand, including the cost of your attorneys’ fees, made by any party (whether you or a third party) due to or arising out of your negligence, breach of this Agreement, misuse of Aumnics’s Services, or violation of any law or the rights of a third party.
39. Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Aumnics Platform.
40. Arbitration and Waiver of Class Actions.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT IS AN AGREEMENT TO ARBITRATE DISPUTES (“ARBITRATION AGREEMENT”) AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. YOU UNDERSTAND AND AGREE THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, BUT BY ENTERING INTO THIS AGREEMENT CHOOSE TO HAVE ANY DISPUTE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY NOT BE AVAILABLE OR MAY BE MORE LIMITED IN ARBITRATION, INCLUDING YOUR RIGHT TO APPEAL.
In consideration for our willingness to provide you with access to our sites, the Platform, or tools, you and we agree as follows: Any legal claim arising out of or relating to this Agreement or the Aumnics Services (excluding legal action taken by Aumnics to collect our fees or recover damages for, or obtain an injunction relating to, the Aumnics operations, intellectual property, or Our Information), shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, including, if necessary, the Optional Rules for Emergency Measures of Protection. The arbitration shall be conducted in Delaware, and judgment on the arbitration
award may be entered into any court having jurisdiction thereof.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS SECTION MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CLIENT OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CLIENT OR USER. YOU HEREBY WAIVE YOUR RIGHT TO COMMENCE OR PARTICIPATE IN ANY SUCH COLLECTIVE OR REPRESENTATIVE PROCEEDING.
41. Trademark and Domain Name Protection.
The Aumnics Services contain trademarks, trade names, trade dress, service marks, domain names, and other indicia of ownership (collectively the “Marks”) owned or licensed for use by Aumnics. Unless otherwise agreed to in writing, You agree that no right, property, license, permission, or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by You pursuant to the execution, performance or non-performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and You shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks in any manner that would diminish their value or harm their reputation. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Aumnics Services without express written consent. You may not use any meta tags or any other “hidden text” utilizing Aumnics’s name or trademarks without the express written consent of Aumnics. You shall not use or register any domain name that is identical to or similar to any of the Marks. To the greatest extent possible, Aumnics’s rights in our Marks and Our Information shall be enforceable and respected worldwide.
42. Disclaimer of Third-Party Materials and Links.
THE AUMNICS SERVICES MAY DISPLAY, INCLUDE, OR MAKE AVAILABLE THIRD-PARTY CONTENT OR PROVIDE LINKS TO THIRD-PARTY WEBSITES OR SERVICES THAT AUMNICS DOES NOT OWN OR CONTROL. AUMNICS DOES NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY SUCH THIRD-PARTY WEBSITES, INFORMATION, MATERIALS, PRODUCTS, OR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU ACCESS A THIRD-PARTY WEBSITE OR SERVICE FROM THE AUMNIC SERVICES OR SHARE YOUR DATA OR INFORMATION ON OR THROUGH ANY THIRD-PARTY WEBSITE OR SERVICE, YOU DO SO ENTIRELY AT YOUR OWN RISK, AND THIS USER AGREEMENT AND THE AUMNICS PRIVACY POLICY DO NOT APPLY TO YOUR USE OF SUCH WEBSITES. YOU EXPRESSLY RELEASE AUMNICS FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE, SERVICE, OR CONTENT.
43. Security.
Aumnics uses industry standard practices to safeguard your personal information. We utilize several different security techniques to protect data from unauthorized access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of the Aumnics Services can be interrupted by numerous factors outside of our control.
44. Governing Law.
THIS AGREEMENT AND YOUR USE OF THE PLATFORM SHALL BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
45. Other Terms and Conditions.
You acknowledge and agree that we have the sole discretion to set forth and post additional terms and conditions for your use of the Aumnics Services at any time. You agree that any additional terms and conditions that apply to your use of the Aumnics Services shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, You expressly agree that, if there is any conflict between those additional terms and conditions and the specific terms and conditions set forth herein, the terms and conditions set forth in those additional terms shall govern.
46. General.
This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole, and any such provision should be enforced by authorities and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation or arbitration involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.
47. Notices.
All notices sent to Aumnics shall be sent by Electronic mail to: Hello@Aumnics.ai, confirmation of receipt by Aumnics is required for the notice to be effective. All notices will be sent to You using the contact information you provide, and may be sent via regular mail, e-mail, text, phone call, or fax.
48. Drafting.
Aumnics’s attorney has assisted in the preparation of this Agreement which includes the terms as agreed by the parties. Nothing in this User Agreement shall be construed in favor of or against Aumnics by virtue of its role in drafting this User Agreement. Users are encouraged to read this document in its entirety and consult with independent legal counsel regarding questions
