User Agreement

Last updated October 20, 2024

 

Greetings from Aurora First, Inc. (“Aurora”, “we”, “us”, or “our”).

 

ATTENTION NOTE:        

It is crucial to read this User Agreement BEFORE accessing and using our Services.

 

In this User Agreement, we outline what you can expect from us as you access and use our Services and what we expect from you. 

                                                                       

Along with this User Agreement, we encourage you to read our Privacy Policy (https://aurorafirst.ai/privacy) which outlines the scope of data processing that you provide us during the access to and use of our Services and informs you about our data processing practices.

 

UNDERSTANDING OF THIS USER AGREEMENT IS IMPORTANT. PLEASE READ IT CAREFULLY.

 

TO ACCESS AND USE OUR SERVICES, YOU MUST ACCEPT THE TERMS AND CONDITIONS OF THIS USER AGREEMENT.

 

 

Definitions:

Some words in this User Agreement and in our data-related documentation have specific meanings defined herein. A word with a specific meaning can be identified either by its context of use or by its use with a capitalized first letter.

 

The meanings of these words are defined as follows:

 

“You” is an individual accessing or using our Service. For the purposes of better compatibility of the provisions of this User Agreement with applicable laws and regulations, you can be referred to as the “Data Subject” and the “User”.

 

“Information system” is a set of components and resources utilized in the course of our activities, including to provide our Services. It includes hardware, software, and network systems necessary for providing our Services and processing data, such as servers, communication platforms, and security systems.

 

“Content of our Services” is any information within Information system that comes from us and is used in the course of our activities, including in our Services.

 

“User Input” is any information that you directly provide us in the course of our activities, including through your access to and use of our Services.

 

“AI Output” is any information created or generated by AI Aurora in response to interactions with our Services or Information system. These responses may be triggered by internal algorithms or User Input. AI Outputs should be viewed as a sequence of words, an image, or some other format that reflect the information and patterns learned by artificial intelligence.

 

“Personal data” is a legal regime for any information that relates to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, identification number, location data, or factors specific to the identity of that natural person. By “natural person”, we mean you or any other individual. We process your personal data in accordance with this User Agreement and other data-related documentation.


“Services” is any of our products, including mobile application, bot and website, that links to this Privacy Policy, in particular:

  • Our mobile application “Aurora: AI Assistant” (“App”): AI accountability partner on your device for managing your life, with chat-functions and the ability to access your mail (in strict accordance with your consents).

  • Our Telegram bot “Aurora First” (“Bot”): AI accountability partner on your device for managing your life, with chat functions and the ability to access your Telegram chat history (in strict accordance with your consents), running entirely within Telegram apps (“Telegram App”).

  • Our website “https://aurorafirst.ai” (“Website”): our main website where you can find relevant information about us, our Services, and data-related documentation.

 

“Public Communication Environment” is a shared digital space accessible through features of our Services, such as Group Chat, or through third-party communication services, such as Telegram App, where our Services can be accessed and used by multiple individuals. In Public Communication Environment, Users can interact with each other, our Services, and any information accessible via our Services.

 

“Account” is a collection of settings, data, and credentials that uniquely identify and authorize User, accessing and using our Services. Account serves as a point of interaction with our Services. Account allows you to access specific features, manage your preferences, and personalize your experience within our Services.


“Data-related documentation” is a set of our documents that regulate the use and processing of data, including your personal data, and the specific measures applied to it, such as ensuring its security and safety. Such documentation shall define your expectations from our data processing operations and help you make an informed decision about accessing and using our Services.


“AI Aurora” is a system of large language models that create and generate AI Outputs by predicting the most likely next word in a sentence within our Services.

 

Other definitions can be found in the relevant sections of this User Agreement.

 

I. SUBJECT OF THIS USER AGREEMENT

 

1.1. This User Agreement is a legally binding contract between you and Aurora First, Inc., seated at APT 712, 510 SE 5th Ave, Fort Lauderdale, Florida 33301, USA.

 

1.2. We grant you a personal, worldwide, revocable, non-transferable, non-sublicensable and non-exclusive license to access and use our Services for personal and non-commercial purposes in accordance with the terms and conditions of this User Agreement, with the understanding that certain features are available only for particular Services (such as our App, our Bot, and/or our Website) and/or on a subscription basis.

 

1.3. Access to and use of our Services, with the understanding that certain features are available only for particular Services (such as our App, our Bot, and/or our Website) and/or on a subscription basis, is expressly conditioned upon acceptance of this User Agreement. If you do not accept this User Agreement, you will not be able to access and use our Services.


Our Subscription and Refund Policy is applicable and forms an integral part of your contract with us. Our Subscription and Refund Policy is incorporated in this User Agreement by reference.


1.4. As a condition of using our Services, you agree not to access or use our Services for any actions prohibited by this User Agreement. Any breach of this User Agreement will result in the immediate termination of your license to access and use our Services. If you violate this User Agreement, you will no longer be authorized to access or use our Services.

 

1.5. We make no representation that our Services, including certain features and subscriptions, are accessible, appropriate, or legally available for use in your jurisdiction. Accessing and using our Services is prohibited from territories where such activities would be illegal. You access and use our Services at your own initiative, and you are responsible for complying with local laws.

 

1.6. OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATION AND OFFER NO WARRANTY (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT. WE DO NOT WARRANT OR REPRESENT THAT OUR SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE, OR THAT ANY INFORMATION WILL BE SECURE OR NOT LOST OR ALTERED. 

 

1.7. We may modify, eliminate, suspend, or discontinue access to and availability of our Services, including any specific features, subscriptions, or Content of our Services, at any time without prior notice or liability.

 

Your access and use of our Services do not entitle you to continued provision or availability of our Services, including any specific features, subscriptions, or Content of our Services.

 

1.8. You agree and acknowledge that it may be necessary to change, expand, enhance, develop, or improve our Information System, including our Services and AI Aurora, to ensure proper functioning, reliability, safety, security, and a certain level of user experience.

 

1.9. By accepting this User Agreement, you affirm that you:

  1. have read this User Agreement and agree to abide by its terms and conditions and the other terms incorporated into it by reference;

  2. have read and understood our Privacy Policy (https://aurorafirst.ai/privacy) and agree with our data processing practices;

  3. agree to use our Services in strict compliance with this User Agreement, our Privacy Policy, and other data-related documentation.

 

1.10. PLEASE CAREFULLY READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION “CLASS ACTION WAIVER AND BINDING ARBITRATION CLAUSE” OF THIS USER AGREEMENT. IT AFFECTS HOW DISPUTES ARE RESOLVED BETWEEN YOU AND AURORA FIRST, INC. AND INFORMS YOU OF YOUR OPT-OUT RIGHTS.

 

NOTE: Depending on where your location, you may have rights under applicable laws and regulations that cannot be waived. Nothing in this User Agreement limits any such rights under those laws.

 

II. SCOPE OF OUR SERVICES

 

2. Access to our Services:

 

2.1. We cannot provide you with our Services, and you cannot access or use our Services if:

  • You do not agree with the terms and conditions of this User Agreement, our Privacy Policy (https://aurorafirst.ai/privacy), and other data-related documentation, or

  • You are under the age of 17, or

  • You have violated this User Agreement or infringed upon our rights and freedoms in any other way.

 

If you do not meet our criteria to access and use our Services, we kindly request that you refrain from attempting to bypass these restrictions in any manner.

 

2.2. By accessing and using our Services, you represent and warrant that:

  1. you have the right, authority, and capacity to enter into this User Agreement and to abide by its terms and conditions;

  2. you are not under the age of 17;

  3. you will not access or use our Services for any purpose other than the purposes for which we make our Services available

  4. you will not access our Services through automated or non-human means, whether through a bot, script, or otherwise;

  5. you will not use our Services for any illegal or unauthorized purpose; 

  6. you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country;

  7. you are not listed on any U.S. government list of prohibited or restricted parties; and

  8. your use of our Services will not violate any applicable law or regulation.

 

2.3. You may. Our Services may not be used in connection with any commercial endeavors except those that are specifically authorized or approved by us.

 

2.4. If you are aware of anyone who does not comply with our criteria to access and use our Services, please contact us using our contact details in Section “Contact information”, and we will take the necessary steps to terminate their access and use of our Services.

 

2.5. You acknowledge and agree that the availability of our Services may depend on the third party from which you receive an access to our Services (“Third-Party Access Providers”).

 

2.6. You agree to pay all fees charged by Third-Party Access Providers in connection with our Services. You agree to comply with, and your license to use our Services is conditioned upon your compliance with, all applicable agreements, terms of use/service, and other policies of Third-Party Access Providers. You acknowledge that Third-Party Access Providers are a third-party beneficiary of this User Agreement and will have the right to enforce this User Agreement.

 

3. Our Services in Public Communication Environment:

 

3.1. Our Services may be accessed and used in Public Communication Environment accessible through features of our Services, such as Group Chat, or through third-party communication services, such as Telegram App.

 

3.2. Every individual accessing Public Communication Environment must comply with and agree to the terms and conditions of this User Agreement.

 

3.2. Group Chat. We may make available to you creation of Public Communication Environment within our Services (“Group Chat”).

 

To create Group Chat, you need to share an invite link (“Invite Link”) with individuals you want to invite. Invite Links are temporarily active.

 

3.3. Users who access and use Public Communication Environment may not be the individuals you intended to have a shared digital space with.

 

To avoid violating your rights or the terms and conditions of this User Agreement, we encourage you to take additional steps to confirm that individuals in the Public Communication Environment are indeed the ones you intended to have a shared digital space with.

 

There is always a risk that someone may join Public Communication Environment under false pretenses. We encourage you to be discreet about any information you choose to share unless you are confident in the identity of other user.

 

3.3. You are responsible for your actions, communications, and interactions with others within Public Communication Environment.

 

You must ensure that your actions, communications, and interactions with others do not violate the terms and conditions of this User Agreement, any applicable laws and regulations, or infringe on any rights.

 

3.4. Any information in Public Communication Environment will be available to others.

 

When you disclose, share, or transmit any information to others in any manner, including but not limited to messaging, posting, or distributing, in Public Communication Environment, you acknowledge and agree that others may use that information on a worldwide basis in any form for the purposes for which you made it available in Public Communication Environment. If you do not want others to have these capabilities, please refrain from using our Services in Public Communication Environment.

 

3.5. Any actions related to our Services shall be in strict compliance with the terms and conditions of this User Agreement.

 

By using our Services in Public Communication Environment, you agree to monitor how our Services are used and to report any misuse of our Services or any information accessible via our Services, using our contact details in Section “Contact Information”.

 

3.6. We disclaim any liability for any claims, damages, or losses arising from accessing and using our Services in Public Communication Environment, including from any actions, communications, and interactions.

 

4. Account creation, use and deletion:

 

4.1. To use our Services, you may be required to create or update your Account and will be asked to provide us with accurate and complete information as prompted by the registration form.

 

4.2. After your Account creation, all actions taken under your Account will be attributed to you. You are responsible for all activities occurring under your Account.

 

4.3. Prior to Account creation, we will verify your age to ensure compliance with legal regulations. In some cases, we will require your parent’s or guardian’s consent for you to create Account, access and use our Services.

 

4.4. By creating Account, you confirm that you meet all legal requirements and fully comply with the terms and conditions of this User Agreement, including the age requirement of being 17 years or older.

 

4.5. All information provided during Account creation will be held and used in accordance with our Privacy Policy (https://aurorafirst.ai/privacy) and data-related documentation.

 

4.6. We may allow you to create Account a third-party service (e.g., Apple ID or Google account). By doing so, you authorize us to collect your personal data from these platforms in accordance with our Privacy Policy (https://aurorafirst.ai/privacy) and other data-related documentation.

 

4.7. You acknowledge and agree that our Services and your Account are designed and intended for personal use on an individual basis, and you should not share your Account and/or password details with another individual.

 

4.8. You are responsible for taking all reasonable steps to ensure that no unauthorized person has access to your credentials necessary to access and use your Account. It is your sole responsibility to:

a)    control the disclosure and use of your credentials necessary to use your Account,

b)    authorize, monitor, and control access to and use of your Account.

 

If you believe your Account or password has been compromised, or if you have any other reason to change your credentials necessary to access and use your Account, please inform us right away using our contact details in Section “Contact information”.

 

4.9. We do not assume any responsibility or liability for any information accessible via our Services. This includes any claims arising from your use of our Services or any third-party actions.

 

4.10. We do not assume any responsibility or liability for losses resulting from unauthorized use of your Account or any information accessible via our Services.

 

4.11. You can delete your Account at any time. Deleting your Account will lead to the permanent deletion of all data you provided us while using our Services, unless we have a legal basis to continue processing your personal data after your Account deletion, in strict compliance with our Privacy Policy (https://aurorafirst.ai/privacy).

 

4.12. If you decide to access and use our Services again after previously deleting your Account, you will need to agree once more to the terms and conditions of this User Agreement and create new Account.

 

5. Use of our Services:

 

5.1. You are responsible for all activities conducted in connection with our Services, including those occurring under your Account.

 

5.2. You must access and use our Services in a manner that:

a)    complies with the terms and conditions of this User Agreement,

b)    respects and does not violate our rights and interests, and

c)    respects and does not infringe any applicable laws and regulations.

 

5.3. You may not access or use our Services for any purpose other than that for which we make our Services available. Our Services may not be used in connection with any commercial endeavors except those that are specifically authorized or approved by us.

 

5.4 You acknowledge and agree that taking any of the following actions will constitute a material breach of this User Agreement, and therefore, you SHALL NOT:

  1. make any unauthorized access to and use of our Services;

  2. resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to our Services;

  3. engage in unauthorized framing of or linking to our Services;

  4. make any copy, modification, adaptation, improvement, enhancement, translation, or derivative work from our Services;

  5. use our Services for any revenue-generating endeavor, commercial enterprise, or other purposes for which it is not designed or intended;

  6. systematically retrieve data or any information accessible via our Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;

  7. make our Services available over a network or other environmental permitting access or use by multiple devices or users at the same time;

  8. use our Services for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for our Services;

  9. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with our Services;

  10. circumvent, disable, or otherwise interfere with security-related features of our Services;

  11. interfere with, disrupt, or create an undue burden on our Services or the networks or services connected to our Services;

  12. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our Services;

  13. attempt to bypass any measures of our Services designed to prevent or restrict access to our Services, or any portion of our Services;

  14. upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

  15. use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses our Services, or using or launching any unauthorized script or other software;

  16. use our Services to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk email or repetitive messages to anyone;

  17. upload, transmit, generate or access any information that contains expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any information that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with this User Agreement and our Privacy Policy (https://aurorafirst.ai/privacy);

  18. use any information accessible via our Services as professional advice;

  19. disparage, tarnish, or otherwise harm, in our opinion, us and/or our Services;

  20. use the Service in a manner inconsistent with any applicable laws or regulations; or

  21. otherwise, violate the terms and conditions of this User Agreement.

 

5.5. We have implemented security measures to eliminate harmful, deceptive, or otherwise violative information from our Services. You can report such information, which includes but is not limited to:

  1. Discriminatory, hateful, violent, bullying, or harassing information.

  2. Information that glorifies violence, self-harm, or harm to others.

  3. Encouragement of illegal activities such as drug trafficking, hacking, or criminal behavior.

  4. Information violating intellectual property rights, including copyright infringement, plagiarism, or unauthorized use.

  5. Sexually explicit or adult information.

  6. Deceptive or false election-related information.

  7. Dissemination of false information, misinformation, or conspiracy theories.

  8. Information intended to deceive, scam, or distribute malware or spam.

 

6. Rights in and to our Services and Content of our Services:

 

6.1. We own all rights, title, and interest in and to our Services.

 

6.2. We own all rights, title, and interest in and to Content of our Services that include:

  1. text, images, photos, audio, video, software, code, and all other forms of data or communication that we create and make available in connection with our Services, including but not limited to visual interfaces, interactive features, graphics, design, predefined responses.

  2. all improvements, enhancements, or modifications that we create and make available in connection with our Services.

  3. all other elements and components of our Services, excluding User Content.

 

6.3. All rights, title, and interest in and to our Services and Content of our Services not expressly granted in this User Agreement are reserved by Aurora First, Inc.

 

6.4. If you comply with this User Agreement, we grant you a personal, worldwide, revocable, non-transferable, non-sublicensable and non-exclusive license to access and use Content of our Services for personal and non-commercial purposes, strictly in accordance with the intended use and functionality of our Services.

 

Except as expressly permitted in this User Agreement, you may not: 

  1. copy, modify, or create derivative works from Content of our Services.

  2. download, display, or use Content of our Services in any publications or public performances for any commercial purposes.

  3. distribute, transfer, sublicense, lease, lend, or rent Content of our Services to any third party.

  4. reverse engineer, decompile, or disassemble Content of our Services.

 

7. User Content:

 

7.1. You retain all rights, title, and interest in and to User Input.

 

7.2. You are solely responsible for the accuracy, content, and legality of User Input and AI Output created from User Input (collectively, “User Content”).

 

7.3. Our Services rely on User Input that you submit, provide, or otherwise make available to us. We utilize both Content of our Services, which we own, and User Input, which you own, in the course of our activities, including to provide our Services.

 

Depending on the context and content, we may rely on the license you grant us under this User Agreement to use AI Output created from User Input.

 

7.4. By submitting, providing, or otherwise making User Content available to us through our Services you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide, irrevocable and perpetual license to access, use, host, cache, store, reproduce, modify, create derivative works, transmit, display, disclose, publish and distribute User Content in connection with this User Agreement to:

  1. operate, maintain and provide our Services to you;

  2. promote, develop and improve the functionality of our Services;

  3. conduct internal researching, analyzing, and reporting;

  4. comply with our legal obligations and contractual duties, including an assignable right for us to disclose, share, and provide access to User Content for our contractors and other third-party service providers in order to fulfill our contractual obligations related to the provision of our Services, and otherwise permit access to User Content for third parties if we determine such access is necessary to comply with our legal obligations.

 

While we may modify or create derivative works from User Content under the license granted by you to us in this User Agreement, you hereby irrevocably assign to Aurora First, Inc. all right, title, and interest in and to any aggregated statistics or data derived from your use of our Services, including but not limited to compilations of User Content and aggregate user review ratings.

 

7.5. By submitting, providing, or otherwise making User Content available to us through our Services you acknowledge and agree that Aurora First, Inc. is not required to provide any attribution, notice, or other information regarding your copyright or other proprietary rights when using your User Content as permitted under this User Agreement.

 

7.6. By submitting, providing, or otherwise making User Content available to us through our Services, you acknowledge and agree to indemnify Aurora First, Inc. and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from User Content and/or your failure to comply with the terms and conditions described in this User Agreement.

 

In connection with User Content, you affirm, represent, warrant and covenant that: 

  1. You have the written consent of each and every identifiable natural person in User Content, if any, to use such person’s name or likeness in the manner contemplated by our Services and this User Agreement, and each such person has released you from any liability that may arise in relation to such use;

  2. You have obtained and are solely responsible for obtaining all consents as may be required by law to submit any User Content relating to third parties;

  3. User Content and our use thereof as contemplated by this User Agreement and our Services will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and rights related to personal data;

  4. We may exercise the rights to User Content granted by you under this User Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

 

7.7. We reserve the right to remove User Content at any time, in each case without notice and at our sole discretion if we determine in our sole discretion that User Content is objectionable or in breach of this User Agreement.

 

7.8. We are not responsible for any User Content. We disclaim all liability for any claims, damages, or losses arising from User Content.

 

8. Access to and use of Third-Party Services:

 

8.1. Our Services may provide you with means (e.g., links, buttons, or functionalities) to access third-party websites, apps, or other products (“Third-Party Services”).

 

8.2. We do not control these Third-Party Services and are not responsible for any aspect of them. We do not endorse or make any representations regarding their reliability or quality. We disclaim all liability for any claims, damages, or losses arising from your access and use of Third-Party Services.

 

8.3. You acknowledge and agree that your access to and use of Third-Party Services is entirely at your own risk.

 

8.4. You should take necessary precautions when accessing Third-Party Services, including protecting your personal data.

 

9. Information accessible via our Services:

 

9.1. You acknowledge and agree that your access to and use of our Services and any information accessible via our Services is at your sole risk.  

 

9.2. You acknowledge and agree that you will not rely on our Services and any information accessible via our Services as a sole source of truth or factual information, or as a substitute for professional advice.

 

9.3. Any information accessible via our Services is provided for informational purposes only. This information is intended solely to inform users and should not be interpreted as advice, guidance, or a definitive source of truth.

 

9.4. You acknowledge and agree that any information accessible through our Services does not reflect our views, opinions, or endorsements in any way.

 

9.5. We make no representations and offer no warranties regarding the quality of any information accessible via our Services.

 

9.6. You acknowledge and agree that any information accessible through our Services may sometimes be inaccurate, outdated, incomplete, or offensive.

 

9.7. You are solely responsible for your interpretation and use of any information accessible via our Services, and you agree to exercise your discretion when evaluating its relevance and suitability for your needs.

 

9.8. We disclaim any liability for any losses, damages, or adverse effects that may arise from your reliance on or use of any information accessible via our Services, including but not limited to misunderstandings, miscommunications, or offense taken from such information.

 

9.9. We disclaim liability for any errors or omissions, or for unintended technical inaccuracies, or typographical errors in our Services and any information accessible via our Services, as well as any violation of any ethical or moral standards applicable in your community.​

 

10. WE DO NOT PROVIDE PROFESSIONAL ADVICE:

 

10.1. YOU ACKNOWLEDGE AND AGREE THAT OUR SERVICES ARE NOT INTENDED TO REPLICATE OR REPLACE THE CAPABILITIES OR EXPERTISE OF PROFESSIONAL TOOLS OR SERVICES.

 

10.2. ANY INFORMATION ACCESSIBLE VIA OUR SERVICES DO NOT CONSTITUTE AND CANNOT BE RELIED UPON AS PROFESSIONAL ADVICE, INCLUDING, BUT NOT LIMITED TO, MEDICAL, LEGAL, FINANCIAL, OR OTHER FIELDS.

 

10.3. WE SHALL NOT BE LIABLE FOR ANY INFORMATION ACCESSIBLE VIA OUR SERVICES.

 

10.4. WE ENCOURAGE USERS:

-  NOT TO SEEK ANY PROFESSIONAL ADVICE FROM US.

-  NOT TO VIEW ANY CONTENT OR RESULTS OF OUR SERVICES AS PROFESSIONAL ADVICE.

+ TO SEEK GUIDANCE FROM QUALIFIED PROFESSIONALS IN THE RELEVANT AREAS.

 

10.5. NEVER DISREGARD PROFESSIONAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH OUR SERVICES. ALWAYS CONSULT WITH PROFESSIONALS IF YOU HAVE ANY QUESTIONS.

 

IF YOU THINK YOU HAVE AN EMERGENCY SITUATION, CALL EMERGENCY SERVICES OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.

 

V. AI NOTICE

 

11.1. Our Services utilize large language models and other artificial intelligence technologies, including AI Aurora.

 

11.2. You acknowledge and agree that our Services may reflect various issues arising from the current state of artificial intelligence technologies. These issues include:

  1. Information accessible via our Services may be incorrect, misleading, or outdated.

  2. AI Outputs may be inconsistent or unexpected, resulting in variations in performance and reliability.

  3. Our Services may generate information that appears plausible but is actually fabricated or nonsensical, potentially creating confusion or misinformation.

  4. Our Services may not fully grasp context, nuance, or cultural references, leading to AI Outputs that may not align with User intentions or expectations.

  5. Our Services can inadvertently reflect biases present in the training data, resulting in AI Outputs that may be biased, discriminatory, or offensive to certain individuals or groups.

  6. The quality and accuracy of AI Outputs are heavily reliant on User Inputs; therefore, unclear, vague, or poorly structured User Inputs may result in suboptimal responses.

 

11.3. We encourage you to be mindful of your access to and use of our Services and promptly report any inaccuracies, misleading information, or issues you encounter. Your feedback is essential for improving our Services and ensuring a better user experience.

 

11.4. AI Aurora may be able to help you with the following:

  1. take over routine tasks like sorting school emails, managing shopping lists, and organizing schedules.

  2. serve as a central hub for your information and communication on specific life matters. It may keep track of documents, calendars, birthdays, and other important data, making them easily accessible to you.

  3. identify key events and information within the emails, setting up automatic reminders for Users.

  4. summarize lengthy email threads, highlighting the most crucial information.

 

The use of our Services for life management is only possible to some extent and requires access to personal data.

 

11.5. To provide our Services, we need to access your personal data, which includes:

  • your name, age, and country of residence.

  • your emails.

  • your chat history in our App.

  • other data in accordance with our Privacy Policy (https://aurorafirst.ai/privacy).

 

This access is pivotal for us to perform this User Agreement and to provide you with our Services in assisting you with life management.

 

VI. PRIVACY NOTICE

 

12.1. We are committed to protecting your privacy and will collect, store, share, and otherwise process personal data in accordance with our Privacy Policy (https://aurorafirst.ai/privacy).

 

12.2. When you access and use our Services, you provide us and others with your personal data. The extent of the data accessible to us and others is determined by you. If there are specific data you prefer that we do not process, kindly refrain from making that data accessible to our Services. Please consider the functionality of our Services and AI Aurora as outlined in this User Agreement.

 

12.3. You agree that if you make available to us the personal data of other individuals (including, but not limited to, data contained in your mailbox or in Telegram chats), you will ensure that such personal data has been obtained and shared with us in compliance with all applicable laws and regulations governing data protection and privacy.

 

You agree to indemnify and hold us harmless from any claims, damages, or liabilities arising from the unlawful processing of third-party personal data provided by you.

 

12.4. Each specific action we take with your data will be carried out in strict compliance with applicable laws and regulation and our Privacy Policy (https://aurorafirst.ai/privacy). Certain actions involving your data will only be undertaken by us with your explicit consent.

 

12.5. We do not sell data you provide us.

 

We share data you provide us only with third parties in order to provide our Services under this User Agreement.

 

The processing of data you provide us is in strict accordance with our Privacy Policy (https://aurorafirst.ai/privacy). Read more about your personal data processing in our Privacy Policy.

 

​​To do so, we are still required by technical necessity or legal requirements, in particular:

  • to share your data with third parties, who provide us with means for performing this User Agreement.

  • to monitor your interactions with our Services that in exceptional situations may require human intervention from us.

 

12.6. To ensure the functionality and security of our Services, analyze and optimize user experience, and enhance and develop our Services, we may need to allow some of our selected employees to access your personal data. We take steps to protect your privacy as part of this process and ensure that all activities adhere strictly to our Privacy Policy (https://aurorafirst.ai/privacy).

 

12.7. Upon the deletion of your Account, we will cease processing your personal data, except in situationswhere we rely on legal bases other than your consent or necessity for the performance of this User Agreement for processing your personal data, in accordance with our Privacy Policy (https://aurorafirst.ai/privacy).

 

You have the right to object to the continued processing of your personal data by sending your request to object using our contact details in Section “Contact information”.

 

VII. CHILDREN SAFETY

 

13. Disclaimer regarding access and use by children:

 

13.1. We have implemented security measures to restrict the use of our Services by children under the age of 17. Any attempt to bypass these safety measures constitutes a severe infringement of this User Agreement and will result in the deletion of your Account.

 

13.2. INFORMATION ACCESSIBLE VIA OUR SERVICES DOES NOT INCITE, INDUCE, OR OTHERWISE PROMOTE ANY INAPPROPRIATE BEHAVIOR OR ACTIVITY THAT VIOLATES THE RIGHTS OR INTERESTS OF CHILDREN.

 

14. Child abuse prohibition:

 

14.1. Aurora First, Inc. has a zero-tolerance policy against child sexual abuse imagery. If we become aware of such content, we will report it to the US National Center for Missing and Exploited Children or the UK Child Exploitation and Online Protection Command (CEOP), as required by law.

 

Any attempt to access or use our Services in connection with child sexual abuse imagery constitutes a material breach of this User Agreement and will result in the deletion of your account.

 

14.2. Aurora First, Inc. prohibits the grooming of children using our Services, defined as a set of actions aimed at establishing a connection with a child to lower the child’s inhibitions in preparation for sexual abuse, trafficking or other exploitation.

 

14.3. If you believe that a child is in danger of or has been subject to abuse, exploitation or been trafficked, contact your local law enforcement immediately.

 

If you have already made a report to law enforcement and still need help, or you have concerns that a child is being or was endangered using our Services, you can report the behavior to Aurora First, Inc. using our contact details in Section “Contact information”.

 

VIII. DISPUTE RESOLUTION

 

15. Class Action Waiver and Binding Arbitration Clause:

 

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF FROM US.

 

15.1. You and we shall make every effort to promptly resolve, through good-faith negotiations, any dispute, claim or controversy arising out of or relating to this User Agreement, including those concerning its performance, breach, termination, or invalidity pursuant to Section 14(e) below.

 

15.2. You and we will not without the consent of both parties:

  • seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or

  • consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to this User Agreement.

 

15.3. To the maximum extent permitted by applicable law, you and we agree to binding individual arbitration before the American Arbitration Association under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA.

 

15.4. The Arbitration Agreement is an integral part of this User Agreement and is formulated as follows:

 

a. ARBITRATION: To the fullest extent permitted under applicable law and in the interest of resolving disputes between you and Aurora First, Inc. in an expedient and cost-effective manner, you and Aurora First, Inc. agree that any dispute, claim or controversy arising out of or relating to this User Agreement (collectively, “Disputes”) shall be settled by binding individual arbitration under the Consumer Arbitration Rules of the American Arbitration Association (the “AAA Rules”) then in effect, except as modified in this User Agreement. The AAA Rules and filing forms are available online at www.adr.org.

 

b. APPLICABLE LAW: The applicable law shall be the laws of the State of Delaware, USA.

 

c. SMALL CLAIMS COURT: As an alternative to arbitration, you and Aurora First, Inc. each retain the right to bring any Dispute in any small claims court where such court has jurisdiction over the Dispute.

d. PLACE (SEAT) OF ARBITRATION AND CONDUCT OF HEARING(S): The place (seat) of the arbitration shall be New Castle County, Delaware. The procedural law applicable to the conduct of the arbitration shall be the law of the place (seat) of arbitration and the AAA Rules. The Federal Arbitration Act shall govern all arbitration proceedings (and any related and/or resulting court proceedings) in the United States.

 

Aurora First, Inc. agrees that any required arbitration hearing(s) may be conducted, at your option, by phone or video conference rather than in person.

 

The arbitration may also be decided solely on the submission of documents to the Arbitrator in accordance with AAA Rules, if you and Aurora First, Inc. both so agree (which agreement must be made in writing and provided to the Arbitrator). 

 

The language of the arbitration will be English unless otherwise agreed by the parties.  

 

e. NUMBER OF ARBITRATORS: The dispute shall be heard and decided by one arbitrator unless otherwise agreed by the parties.

 

f. NOTICE OF DISPUTE/ INFORMAL SETTLEMENT EFFORTS: At least 30 days prior to initiating an arbitration, you and Aurora First, Inc. each agree to notify the other party of the Dispute in writing (the “Notice of Dispute”) and attempt in good faith to negotiate an informal resolution. You must send your Notice of Dispute to: Aurora First, Inc., APT 712, 510 SE 5th Ave, Fort Lauderdale, Florida 33301, USA.

 

Aurora First, Inc. will send any Notice of Dispute to the email address associated with your Account. 

 

A Notice of Dispute must include: the name of the person bringing the Dispute and that person’s preferred contact information, a brief description of the dispute, and the relief sought.

 

If you and Aurora First, Inc. are unable to resolve the Dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration as per AAA Rules with the American Arbitration Association and providing a copy to the other party as specified in the AAA Rules.

 

g. ARBITRATION FEES AND COSTS: Your share of administrative fees and arbitrator fees and costs (collectively, “Arbitration Costs”) shall be governed by the AAA Rules. Either party may request the Arbitrator to award the requesting party some or all of its attorneys’ fees and costs (in addition to some or all of its Arbitration Costs) upon proving that the other party has asserted a claim, cross-claim, or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, pursuant to applicable law and the AAA Rules.

 

h. FORM, EFFECT, AND SCOPE OF ARBITRATION AWARD: The Arbitrator’s judgment and award shall be final, binding, and enforceable, subject to review only in accordance with applicable law governing the enforcement and annulment of arbitration awards. Judgment on the Award may be entered in any court with proper jurisdiction, pursuant to applicable law. 

 

i. ARBITRATION OPT-OUT: You can decline this arbitration agreement to arbitrate by sending a written communication to Aurora First, Inc., APT 712, 510 SE 5th Ave, Fort Lauderdale, Florida 33301, USA, postmarked within 30 days after first accepting this arbitration agreement. Your written communication must provide your name and the email address associated with your Account and must explicitly state that you decline this arbitration agreement. In this case, you or Aurora First, Inc. will be entitled to commence dispute resolution proceedings in any court that has jurisdiction over the Dispute. If you have not exercised your right to decline this arbitration agreement within the time limit and under the procedure stated herein, this arbitration agreement will be deemed accepted by you.

 

j. CHANGES: If Aurora First, Inc. changes this Section “Class Action Waiver and Binding Arbitration Clause” after the date you last accepted this User Agreement (or accepted any subsequent changes to this User Agreement), you may reject that change by sending us written notice to Aurora First, Inc., APT 712, 510 SE 5th Ave, Fort Lauderdale, Florida 33301, USA, postmarked within 30 days of the date on which the change is effective. Rejecting a change, however, does not revoke or alter your prior consent to any earlier agreement to arbitrate any Dispute between you and Aurora First, Inc. (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Aurora First, Inc.

 

k. COURT PROCEEDINGS: Consistent with the AAA Rules and applicable law, nothing in this Section “Class Action Waiver and Binding Arbitration Clause” will be deemed to waive, preclude, or otherwise limit the right of either party to (i) bring an individual action in small claims court, where such court has jurisdiction over the Dispute; (ii) seek injunctive or interim relief from a court with jurisdiction to provide such relief; (iii) seek aid in support of the arbitration under applicable law; or (iv) seek to enforce or vacate (in whole or in part) the award under applicable law. If applicable law does not allow the arbitration of Disputes under this User Agreement, then either you or Aurora First, Inc. may instead commence dispute resolution proceedings in any court that has jurisdiction over the Dispute subject to the terms and conditions of this User Agreement.

 

I. IN ADDITION, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND AURORA FIRST, INC. UNCONDITIONALLY WAIVE ANY RESPECTIVE RIGHTS TO A JURY TRIAL.

 

m. ADDITIONAL PROVISIONS APPLICABLE TO ALL DISPUTE RESOLUTION: The following additional provisions are applicable to the resolution of all Disputes, to the fullest extent allowed by applicable law, regardless of whether brought in arbitration, court, or any other type of formal dispute resolution proceeding:

 

(i) Time Limitation: To the extent allowed by applicable law, any Dispute shall be time-barred unless the party asserting the Dispute commences formal dispute resolution proceedings within one (1) year after the basis for such Dispute became known or should have become known to the party asserting the Dispute, provided, however, that the one-year period shall be deemed suspended during any informal settlement discussions following the receipt of a Notice of Dispute by any party pursuant to Section 14(e) above.

 

(ii) NO CLASS OR REPRESENTATIVE ACTIONS OR PROCEEDINGS: TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND AURORA FIRST, INC. AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 

 

(iii) No Consolidation: You and Aurora First, Inc. acknowledge and agree that, to the fullest extent permitted by applicable law, we are each waiving the right to participate in a consolidated proceeding and are waving the right to joinder.

 

15.5. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties.

 

IX. LIABILITY AND INDEMNITY

 

16.1. THE PROVISIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND IF ANY PART OF THE SECTION IS FOUND TO BE UNENFORCEABLE, THE REMAINING PORTIONS SHALL REMAIN IN EFFECT.

 

16.2. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER LOSSES, RESULTING FROM OR RELATED TO OUR SERVICES OR THIS USER AGREEMENT (HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

 

16.3. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU ACKNOWLEDGE AND AGREE THAT THE AGGREGATE LIABILITY OF AURORA FIRST, INC. TO YOU FOR ANY AND ALL CLAIMS ARISING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, AS WELL AS ANY INFORMATION ACCESSIBLE VIA OUR SERVICES, IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO AURORA FIRST, INC. FOR SUCH ACCESS TO AND USE OF OUR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE TERMS BETWEEN THE COMPANY AND YOU.

 

16.4. You agree to release us, indemnify, defend, and hold harmless Aurora First, Inc., its successors, subsidiaries, affiliates, suppliers, licensors, partners, and the officers, directors, employees, agents, and representatives of each of them (collectively, “Protected Parties”) from and against any and all claims, actions,demands, liabilities, damages, losses, settlements, and expenses, including without limitation, reasonable attorneys’ fees and costs, arising out of or resulting from, or alleged to result from, your use of our Services, your User Content, your violation of the terms and conditions of this User Agreement, or your violation of any applicable laws and regulations.

 

16.5. We and any Protected Party reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us or any Protected Party.

 

You acknowledge and agree to cooperate fully with us or any Protected Party in the defense of any such claims. You shall not settle any matter without our prior written consent or prior written consent of any Protected Party. We and any Protected Party will make reasonable efforts to notify you of any claims, actions, or proceedings upon becoming aware of them.

 

16.6. THE PROVISIONS IN THIS SECTION DO NOT LIMIT ANY RIGHTS OR REMEDIES AVAILABLE TO US OR ANY PROTECTED PARTY UNDER THIS USER AGREEMENT OR APPLICABLE LAWS AND REGULATIONS.

 

X. OTHER PROVISIONS

 

17. Copyright notice and takedown procedures:

 

17.1. If you believe any materials accessible on or from our Services infringe your copyright, you may request removal of those materials (or access thereto) from our Services by contacting Aurora First, Inc. using our contact details in Section “Contact information” and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location of an authorized version of the work.

  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

  3. Your name, address, telephone number and (if available) email address.

  4. A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.

  5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

 

17.2. To protect the rights of copyright owners, Aurora First, Inc. maintains a policy to delete Accounts of users who infringe on those rights when necessary.

 

18. Characteristics of this User Agreement:

 

18.1. To the fullest extent permitted pursuant to applicable law, this User Agreement shall be governed by the laws of the State of Delaware, USA (to the exclusion of its conflict of law rules).


18.2. The relationship between you and Aurora First, Inc. will be that of independent signatories, and nothing in this User Agreement will be construed to constitute either party an agent of the other party. Without limiting the foregoing, neither party will have authority to act for or to bind the other party in any way, including to make representations or warranties or to execute agreements on behalf of the other party. This User Agreement will not be construed to create an association, joint venture, or partnership between the parties or to impose any partnership obligation or liability upon any party.

 

18.3. We have the right to assign our rights and obligations under this User Agreement to any affiliates, subsidiaries, parent companies, joint ventures, successors, or any other entities. Please note that such assignments do not affect your rights or obligations under this Agreement.

 

18.4. This User Agreement and any document or information referred to in this User Agreement constitute the entire agreement between you and Aurora First, Inc. relating to the subject matter covered by this User Agreement. All other communications, proposals, and representations with respect to the subject matter covered by this User Agreement are excluded.

 

18.5. No waiver by Aurora First, Inc. of any term or condition set forth in this User Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Aurora First, Inc. to assert a right or provision under this User Agreement shall not constitute a waiver of such right or provision.

 

18.6. If for any reason an arbitrator, an arbitral or other tribunal, or a court of competent jurisdiction finds any provision of this User Agreement, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this User Agreement, and the remainder of this User Agreement shall continue in full force and effect. A printed version of this User Agreement shall be admissible in arbitral, judicial or administrative proceedings.

 

19. Amendment of this User Agreement:

 

19.1. We reserve the right to change this User Agreement at any time. 

 

If any changes to this User Agreement may affect your access and use of our Services, we’ll strive to notify you through our Services notifications, or your email address associated with your Account.

 

Any other changes will be notified to you only by updating the “Last updated” date of this User Agreement and you waive any right to receive specific notice of each such change. 

 

19.2. Once we change this User Agreement, the updated version will become legally binding on you immediately after it is posted online, unless otherwise stated in this User Agreement.

 

If some changes to this User Agreement require prior notice for their validity, those changes will take effect only after the expiration of the notice period required by the terms and conditions of this User Agreement and applicable laws and regulations.

 

If you are located in a jurisdiction that requires prior notice of changes for them to be valid, the changes will take effect only after the expiration of the notice period required by the applicable law of your specific jurisdiction.

 

19.3. If you do not agree to the amendments of this User Agreement, regardless of whether you notify us via email, we kindly ask that you cease accessing and using our Services. This includes canceling your subscription and deleting your Account. We are sorry we have to say that, but for our Services to function properly, it is essential that all users operate under the same rules. Therefore, we encourage you to reach out to us with any queries or concerns.

 

19.4. Your continued use of our Services after the effective date of an updated version of this User Agreement will indicate your acceptance of this User Agreement as modified.

 

20. Termination of this User Agreement:

 

20.1. The termination of this User Agreement results in the deletion of your Account.

 

20.2. We reserve the right to terminate this User Agreement at any time, at our discretion and without liability, if we have reason to believe that your access and use of our Services violate this User Agreement, pose risks to our rights and interests, or infringe applicable laws and regulations.

 

20.3. You have the right to terminate our User Agreement, including this Refund Policy, at any time by deleting your Account through the functions provided in our Services or by contacting our Aurora Support Team at support@aurorafirst.ai.


20.4. Upon termination of this User Agreement, all provisions of this User Agreement that by their nature, should survive termination, shall survive termination, including, without limitation, the provisions on dispute resolution and arbitration, all ownership provisions, warranty disclaimers, and limitations of liability.

 

21. Contact information:

 

21.1. If you have questions or comments about this User Agreement, you may contact us via our email: support@aurorafirst.ai.

 

For inquiries about the processing of personal data, please address them to:

 

21.2. When you contact us, we expect our staff to be polite and respectful. We expect the same of you. If you are rude to or abuse or threaten our staff we may restrict you to contacting us by email or refuse to support you any further. If your behavior suggests a risk to our staff, our community or our business we may delete your Account and escalate the matter to law enforcement.