Terms of Sale

Last Updated Date: December 4, 2025

OVERVIEW

These govern your use of the website(https://aiper.store/us/store) (the “Website”). The Website is owned and operated by, its subsidiaries and affiliates (collectively, “Aiper , “us Aiper allows access to the Website, including all information, tools, and services available from the Website to you (collectively “Aiper Services”), the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

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

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

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

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

Please note that certain services linked to our Website may be subject to additional or separate terms and conditions . If there is a conflict between these Terms and the separate terms and conditions, such separate terms and conditions shall control.

SECTION 1 – ACCESSING THE WEBSITE AND RESTRICTIONS

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

Aiper Services include the provision of the products listed for sale on our website (the “Productsservice marks and logos, graphics, logos, icons, images, and video and audio clips, are owned by or licensed to Aiper and are subject to copyright and other intellectual property rights under the law. We reserve all rights not expressly granted to you under these Terms.  You understand and acknowledge that we (or our licensors) own and will continue to own all rights (including intellectual property rights), in and to the Aiper Services and Products. Except as explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any such intellectual property rights, and you will not access, sell, license, rent, modify, distribute, copy, reproduce, transmit, display, perform, publish, adapt, edit, or create derivative works of any intellectual property. Use of any intellectual property for any purpose not expressly permitted by these Terms is strictly prohibited.

You may use the Aiper Services, and any information contained in the Aiper Services, solely for your legitimate shopping or general information purposes (or as otherwise expressly authorized by us). You may display and, subject to any expressly stated restrictions or limitations, download or print portions of the material from the different areas of the Aiper Services solely for your own non-commercial use, or to place an order with us. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of the Aiper Services is strictly prohibited, without express written permission by us. You further agree not to change or delete any proprietary notices from materials downloaded from the Aiper Services. You may not use the Aiper Services for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws)

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

All descriptions of Products and Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product or the Aiper Services at any time. Any offer for any Product or service made in connection with the Aiper Services is void where prohibited. We shall not be liable to you or to any third party for any modification, price change or discontinuance of our Products or the Aiper Services.

SECTION 2 – GENERAL CONDITIONS

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

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

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Aiper Services, use of the Aiper Services, or access to our Website or any contact on the Website through which the service is provided, without express written permission by us.

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

YOU AGREE THAT WE DO NOT UNDERTAKE ANY LIABILITY FOR ANY DIRECT OR INDIRECT LOSSES OF YOURS CAUSED BY AN ILLEGAL USE OF YOUR ACCOUNT INFORMATION, UNLESS WE ARE DEEMED RESPONSIBLE FOR SUCH ILLEGAL USE. WE RESERVE THE RIGHT TO CHARGE ADDITIONAL FEES FOR FREEZING AND UNFREEZING SERVICES, UNLESS WE ARE DEEMED RESPONSIBLE FOR SUCH ILLEGAL USE.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

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

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

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

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

SECTION 5 - PURCHASE OF PRODUCTS

To purchase Products via the Aiper Services, you must provide us with at least one (1) current, valid payment card that is accepted by us and our third-party payment processor (“Payment Processor”). By providing such payment card (“Payment Method”), you authorize each of Aiper and Payment Processor to charge that Payment Method the applicable fees and taxes, for each purchase you make via the Aiper Services. We or Payment Processor will attempt to verify your Payment Method(s), and may do so by processing an authorization hold, which is standard practice. To the extent Payment Processor processes payments made by you, you will be subject to terms and conditions governing the use of Payment Processor’s service. Please review such terms and conditions as well as Payment Processor’s privacy notice (each of which is available on Payment Processor’s website). You acknowledge and understand that Payment Processor may collect and retain third-party fees whenever you pay fees. Payment must be received by Payment Processor before our acceptance of an order. All fees paid are non-refundable. We do not view or store your full credit card or other Payment Method information. For all payments, Payment Processor will collect your Payment Method details and charge your chosen Payment Method in connection with an order. If any of your account, order, or Payment Method information changes, you will promptly update such information, so that we or Payment Processor may complete your transaction(s) and/or contact you, as needed.

You represent and warrant that: (a) the account, order, and Payment Method information you supply to us and/or to Payment Processor, as applicable, is true, accurate, correct, and complete; (b) you are duly authorized to use the Payment Method(s); (c) you will pay any and all charges incurred by users of your Payment Method in connection with the Aiper Services, including any applicable fees (at the prices in effect when such charges are incurred) and taxes; and (d) charges incurred by you will be honored by your Payment Method company.

We disclaim any and all liability with respect to, and you understand and acknowledge that we are not responsible for: (X) any security or privacy breaches related to your credit card or other Payment Method, (Y) any fees that may be charged to you by your bank in connection with the collection of fees, and/or (Z) any unauthorized use of your credit card, debit card, or other Payment Method by a third party.

SECTION 6 - DELIVERY OF PRODUCTS

The Products will be delivered within a reasonable time after the receipt of an order via the Aiper Services by you, subject to availability of such Products. Aiper shall not be liable for any delays, loss or damage in transit. Unless otherwise agreed in writing by the parties, Aiper shall deliver the Products to the address designated by you via the Aiper Services (the "Delivery Point") using Aiper’s standard methods for packaging and shipping such Products. You shall take delivery of the Products upon Aiper’s confirmation notice that the Products have been delivered to the Delivery Point. You shall be responsible for all loading costs and provide equipment and labor reasonably suited for receipt of the Products at the Delivery Point. Aiper may, in its sole discretion, without liability or penalty, make partial shipments of Products to you. Each shipment will constitute a separate sale, and you shall pay for the units shipped whether such shipment is in whole or partial fulfillment of your order. If for any reason you fail to accept delivery of any of the Products on the date fixed pursuant to our notice that the Products have been delivered at the Delivery Point, or if Aiper is unable to deliver the Products at the Delivery Point on such date because you have not provided appropriate instructions, documents, licenses or authorizations: (i) risk of loss to the Products shall pass to you; (ii) the Products shall be deemed to have been delivered; and (iii) Aiper, at its option, may store the Products until you pick them up, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage and insurance).

SECTION 7 - TITLE AND RISK OF LOSS

Title and risk of loss passes to you upon delivery of the Products at the Delivery Point. As collateral security for the payment of the purchase price of the Products, you hereby grant to us a lien on and security interest in and to all of the right, title and interest of you in, to and under the Product, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing. The security interest granted under this provision constitutes a purchase money security interest under the Uniform Commercial Code.

SECTION 8 - INSPECTION AND REJECTION OF NONCONFORMING PRODUCTS

You shall inspect the Products within ten (10) days of receipt ("Inspection Period"). You will be deemed to have accepted the Products unless you notify Aiper in writing of any Nonconforming Products during the Inspection Period and furnishes such written evidence or other documentation as required by Aiper. "Nonconforming Products" means only the following: (i) Product shipped is different than identified in your order confirmation; or (ii) Product's label or packaging incorrectly identifies its contents. If you timely notify Aiper of any Nonconforming Products, Aiper shall, in its sole discretion, (i) replace such Nonconforming Products with conforming Products, or (ii) credit or refund the fees for such Nonconforming Products, together with any reasonable shipping and handling expenses incurred by you in connection therewith. You shall ship the Nonconforming Products to Aiper’s facility located provided by Aiper in writing. If Aiper exercises its option to replace Nonconforming Products, Aiper shall, after receiving your shipment of Nonconforming Products, ship to you, at your expense and risk of loss, the replaced Products to the Delivery Point. You acknowledge and agrees that the remedies set forth in this Section are your exclusive remedies for the delivery of Nonconforming Products. Except as provided under this Section, all sales of Products to you are made on a one-way basis and you have no right to return Products purchased under these Terms to Aiper.

SECTION 9 – OPTIONAL TOOLS

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

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

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

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

SECTION 10 – THIRD-PARTY LINKS

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

Third-party links on our Website may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not be liable or held accountable for any third-party materials, websites, or any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions connected with any third-party websites. Please review the third-party’s policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. Please review the third party's policies and practices and make sure you understand them before you engage in any transaction. If you access a third-party service from the Aiper Services or share your user content on or through any third-party service, you do so at your own risk, and you understand that these Terms and our privacy notice do not apply to your use of any third-party service. You expressly relieve us from any and all liability arising from your access to and/or use of any third-party service.

SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

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

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

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

SECTION 12 – PERSONAL DATA PROTECTION

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

SECTION 13 – ERRORS, INACCURACIES, AND OMISSIONS

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

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

SECTION 14 - CONFIDENTIAL INFORMATION

All non-public, confidential or proprietary information of Aiper, including but not limited to specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts or rebates, disclosed by Aiper to you, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as "confidential" in connection with these Terms is confidential, solely for the use of performing these Terms and may not be disclosed or copied unless authorized in advance by Aiper in writing. Upon Aiper’s request, you shall promptly return all documents and other materials received from Aiper. Aiper shall be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is: (a) in the public domain; (b) known to you at the time of disclosure; or (c) rightfully obtained by you on a non-confidential basis from a third party.

SECTION 15 – PROHIBITED USES

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

1. For any unlawful purpose.

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

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

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

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

6. To submit false or misleading information.

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

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

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

10. For any obscene or immoral purpose.

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

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

SECTION 16 - OUR INTELLECTUAL PROPERTY

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

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

SECTION 17 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

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

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

YOU AGREE THAT FROM TIME TO TIME, WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE SERVICE IS AT YOUR SOLE RISK. THE AIPER SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. Without limiting the generality of the foregoing, none of the AIPER PARTIES warrants that any content or any other information contained in, or available via, THE AIPER services is accurate, comprehensive, reliable, useful, or correct; that THE AIPER services or product will meet your requirements; that THE AIPER services OR PRODUCTS will be available at any particular time or location, uninterrupted, or secure; that any defects or errors in THE AIPER services or Product will be corrected; or that THE AIPER services are free of viruses or other harmful components. Any Product obtained through the use of THE AIPER services is so obtained at your own risk, and you will be solely responsible for any damages and/or for loss that results from same or from your access to and/or use of THE AIPER services or Products. You may have other statutory rights, but the duration of statutorily required warranties, if any, will be limited to the shortest period permitted by applicable law.

Further, AIPER does not warrant, endorse, guarantee, recommend, or assume responsibility for any product or service advertised or offered by any third party through THE AIPER services or any hyperlinked website or service, and AIPER will not be a party to, or in any way monitor, any transaction between you and third-party providers of products or services.

SECTION 18 – LIMITATION OF LIABILITY

IN NO CASE SHALL AIPER, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

In no event will any AIPER PARTY be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the Lesser of the amount you paid to us hereunder or one hundred U.S. Dollars ($100.00). This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion of and/or limitations on incidental or consequential damages, so the above exclusions and/or limitations may not apply to you. These terms give you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these terms will not apply to the extent prohibited by applicable law.

SECTION 19 – INDEMNIFICATION

You agree to , defend and hold harmless Aiper and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees (the “Aiper Parties”) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of these Terms or the documents that incorporate by reference or your violation of any law or the rights of a third party (b) your access to and/or use of the Aiper Services or Product, (c) your use of any information obtained from the Aiper Services, (d) any activity related to your account, (e) your violation of any law or the rights of a third party or (f) your willful misconduct.

SECTION 20 – SEVERABILITY

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. The unenforceable portion shall be severed from these Terms; such determination shall not affect the validity and enforceability of any other remaining provisions

SECTION 21 – TERMINATION

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

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

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

SECTION 22 – ENTIRE AGREEMENT

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

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

SECTION 23 – GOVERNING LAWArbitration, and Class Action/Jury Trial Waiver

1. Governing Law.  These Terms will be governed by the laws of the State of New York, without respect to its conflict of laws principles.  Notwithstanding the preceding sentences with respect to the substantive law governing these Terms, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (as it may be amended, “FAA”) governs the interpretation and enforcement of the mandatory individual arbitration provision in Section 23.2 below (the “Arbitration Agreement”) and preempts all state laws (and laws of other jurisdictions) to the fullest extent permitted by applicable law.  If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue will be resolved under and governed by the law of the U.S. state where you live (if applicable) or the jurisdiction mutually agreed upon in writing by you and us.  The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.  You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in New York, New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Confidential Information, or intellectual property rights, as set forth in the Arbitration Agreement below, including any provisional relief required to prevent irreparable harm.  You agree that New York, New York is the proper and exclusive forum for any appeals of an arbitration award, or for trial court proceedings in the event that the Arbitration Agreement below is found to be unenforceable. These Terms were drafted in the English language and this English language version of the Terms is the original, governing instrument of the understanding between you and us. In the event of any conflict between the English version of these Terms and any translation, the English version will prevail.

2. Arbitration Agreement

(a)General.  READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.  This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly:  (i) these Terms; (ii) access to or use of the Aiper Services, including receipt of any advertising or marketing communications; (iii) any transactions through, by, or using the Aiper Services; or (iv) any other aspect of your relationship or transactions with us as a user or consumer (each, a “Claim,” and, collectively, “Claims”).  This Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Terms.

(b)Opting Out of Arbitration Agreement.   If you are an individual using the Aiper Services for non-commercial purposes, you can reject and opt out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing us at [] with your full, legal name and stating your intent to opt out of this Arbitration Agreement.  Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms, including the provisions regarding controlling law or the courts in which any disputes must be brought.

(c)Dispute-Resolution Process.  For any Claim, you will first contact us at [] and attempt to resolve the Claim with us informally.  In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve such Claim exclusively through binding arbitration by JAMS before a single arbitrator (the “Arbitrator”), under the Optional Expedited Arbitration Procedures then in effect for JAMS (the “Rules”), except as provided herein.  JAMS may be contacted at www.jamsadr.com, where the Rules are available.  In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control.  The arbitration will be conducted in the U.S. county where you live (if applicable) or New York, New York, unless you and we agree otherwise.  If you are using the Aiper Services for commercial purposes, each party will be responsible for paying any JAMS filing and administrative fees and Arbitrator fees in accordance with the Rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses.  If you are an individual using the Aiper Services for non-commercial purposes:  (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the Arbitrator may include your costs of arbitration, your reasonable attorneys’ fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this would not absolve you of your commitment to engage in the informal dispute resolution process.  Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction.  You and we agree that the Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable.  The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are, or whether any provision of these Terms is, unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, unconscionability, and/or estoppel.

(d)Equitable Relief.  NOTHING IN THIS ARBITRATION AGREEMENT WILL BE DEEMED AS:  PREVENTING US FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, CONFIDENTIAL INFORMATION, OR INTELLECTUAL PROPERTY RIGHTS; OR PREVENTING YOU FROM ASSERTING CLAIMS IN A SMALL CLAIMS COURT, PROVIDED THAT YOUR CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ON ONLY AN INDIVIDUAL (NON-CLASS, NON-COLLECTIVE, AND NON-REPRESENTATIVE) BASIS.

(e)Severability.  If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed.  Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of this Arbitration Agreement, which will remain in force, or on the parties’ ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Agreement.  Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction.  All other claims for relief subject to arbitration under this Arbitration Agreement will be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual claims in arbitration.

3. Class Action/Jury Trial Waiver.   

BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.  THE FOREGOING APPLIES TO ALL USERS (BOTH NATUAL PERSONS AND ENTITIES), REGARDLESS OF WHETHER YOU HAVE OBTAINED OR USED THE AIPER SERVICES FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES. THIS CLASS ACTION/JURY TRIAL WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS.  YOU AND WE AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S).  ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS.

SECTION 24 - FORCE MAJEURE

Aiper shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Aiper including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

SECTION 25 - COMMUNICATIONS

You expressly consent and agree to receive communications from us electronically. We may communicate with you by email or by posting notices in the Aiper Services, and you agree that all commercially reasonable electronic communications that we provide to you satisfy any legal requirement that such communications be in writing. You may opt out of receiving such marketing communications at any time by unsubscribing via the link in your emails or by contacting us at [email protected].

SECTION 26 – CHANGES TO TERMS

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

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

SECTION 27 – CONTACT INFORMATION

Questions about the Terms should be sent to us at [email protected].