Last Updated: November 05, 2025

The following End User License Agreement / General Terms and Conditions ("EULA" / "Terms") apply to the use of the mobile applications, website, and browser extensions collectively known as "Aiphoria" (hereinafter "App" or "Service") of Aiphoria US Inc., 2875 NE 191ST St Ste 406, Aventura, FL 33180-2832, United States (hereinafter "Aiphoria", "we", "us", or "our").

Any conflicting or deviating terms and conditions of the user shall not be binding unless we expressly agree to them in writing.

0. Beta Services

This Section governs your use of services or features that Aiphoria offers on an alpha, preview, early access, or beta basis ("Beta Services"). Beta Services are offered "as-is" to allow testing and evaluation.

Aiphoria makes no representations or warranties for Beta Services, including any warranty that Beta Services will be generally available, uninterrupted or error-free, or that Content will be secure or not lost or damaged. Except to the extent prohibited by law, Aiphoria expressly disclaims all warranties for Beta Services, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.

1. Our Service

1.1 Description of Services

The App provides advanced speech technology services, including but not limited to:

• Speech Recognition: Convert spoken language into text (speech-to-text)
• Voice Synthesis: Generate natural-sounding speech from text (text-to-speech)
• Voice Cloning: Create custom voice models based on voice samples
• Real-time Translation: Translate speech between multiple languages
• Voice Enhancement: Improve audio quality and clarity
• Transcription Services: Transcribe audio and video files
• Voice Analytics: Analyze speech patterns, emotions, and characteristics
• API Integration: Access speech technology through our developer API

(collectively, the "Services")

1.2 Free Service

At this time, the App and its core features are provided free of charge. We may introduce paid plans or usage-based fees in the future with prior notice.

1.3 Supported Platforms

The Service is provided through:

• Mobile Applications: Available for devices with current iOS (version 14.0+) or Android (version 10.0+) operating systems
• Web Application: Accessible via modern web browsers (Chrome, Firefox, Safari, Edge)
• Browser Extension: Limited functionality available through browser extensions
• API: Programmatic access for developers

An internet connection is required to use the Service. Your telecommunications provider may charge separate fees for data usage.

1.4 Distribution and Installation

The Mobile App may be downloaded via:

• Apple App Store (iOS devices)
• Google Play Store (Android devices)

Prior registration may be required for these distribution platforms, and the terms and conditions of the respective platform provider apply. We are not responsible for any fees, terms, or policies imposed by these third-party platforms.

2. Term and Termination

2.1 Term and Termination

These Terms take effect when you first use the Services and remain in effect until terminated.

You may terminate these Terms at any time by:

• Simply discontinuing use of the Services
• Uninstalling the App from your device

We may terminate or suspend access to the Services immediately if:

• You materially breach any portion of these Terms
• Your use poses a security risk to us or any third party
• We suspect fraudulent activity or misuse
• Changes in relationships with third-party technology providers require it
• Necessary to comply with law or government requests

2.2 Effects of Termination

Upon termination:

• You will immediately stop using the Services
• Your access to the Services will be revoked
• You must promptly return or destroy any Confidential Information
• Your voice recordings and personal data will be handled according to our Privacy Policy
• Sections that by their nature should survive termination will remain in effect

2.3 Age Requirements

• The Services are intended exclusively for users aged 13 and older
• Users between 13 and 18 years of age require the consent of their parents or legal guardians
• We do not knowingly collect information from children under 13

2.4 Fair Use

Free Service Usage:

• The App is provided free of charge
• You agree to use the Services in good faith and not to abuse or misuse them
• Automated or excessive usage that impacts service availability for others is prohibited
• If we determine you are abusing the Services, we may suspend or terminate your access

3. Service Availability and Warranty

3.1 Service Availability

Aiphoria endeavors to keep the Services available without interruption and will make commercially reasonable efforts to maintain uptime. However, we cannot guarantee uninterrupted accessibility.

Scheduled Maintenance: When possible, we will provide advance notice of planned maintenance that may restrict availability (except for Beta Services).

No Liability for Downtime: Aiphoria is not responsible for:

• Internet or network outages
• Downtime caused by circumstances beyond our control (force majeure, third-party failures, etc.)
• Service interruptions required for security, legal compliance, or to prevent abuse
• Beta Services interruptions (no warranties apply to Beta Services)

Service Level Agreements (SLAs): Enterprise customers may be eligible for SLAs as defined in separate agreements.

3.2 Service Modifications

Aiphoria reserves the right to:

• Expand, modify, or discontinue features of the Service
• Update the Service for technical improvements
• Make changes required for legal compliance or to prevent misuse

Notice of Changes: Except for Beta Services and urgent security/legal changes, we will provide reasonable advance notice of significant changes that:

• Restrict the scope of functionality
• Discontinue major features
• Materially affect your use of the Services

Beta Services: Beta Services may be modified or discontinued at any time without notice.

3.3 Third-Party Services and Output

Third-Party Services: Our services may include third party software, products, or services ("Third Party Services"), and some parts of our Services may include output from those services ("Third Party Output").

Aiphoria assumes no responsibility for:

• The accuracy, legality, completeness, or timeliness of Third Party Services or Third Party Output
• Content and information on third-party websites linked from the Service
• Actions or content of other users
• Third-party services integrated with or accessed through our Service

Third Party Services and Third Party Output are subject to their own terms and conditions, and we are not responsible for them. You access and use third-party content at your own risk.

3.4 User Identity Verification

It is technically impossible for Aiphoria to verify the identity of all users with absolute certainty. Therefore, Aiphoria does not assume liability for:

• The authenticity of user identities
• Impersonation or fraudulent accounts
• Misrepresentations made by users

You are responsible for protecting your account credentials and promptly reporting any unauthorized access.

3.5 Third-Party Links and Integrations

The Service may contain links or integrations to third-party websites, apps, or services where you may be asked to:

• Make purchases
• Share information
• Create accounts
• Interact with the third party

Your Responsibility: You are solely responsible for your interactions with third parties. Aiphoria specifically disclaims any liability for:

• Your relationship with third parties
• Terms, conditions, or privacy policies of third parties
• Quality or security of third-party services
• Obligations or liabilities arising from third-party interactions

Use at Your Own Discretion: Only utilize third-party links and services at your own discretion and risk.

3.6 No Obligation to Update

Aiphoria is not required to:

• Continuously improve or update the Service
• Provide specific features or functionality
• Maintain backward compatibility with older versions

However, we may be required to provide certain updates as mandated by applicable law.

4. Content, Licenses, and Intellectual Property

4.1 License to Use the Service

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for the term of these Terms, subject to:

• Compliance with these Terms
• Payment of applicable fees (for paid services)
• Acceptable use as defined herein

This license is for personal or internal business use only. It does not permit:

• Resale or redistribution of the Service
• Commercial exploitation beyond authorized use cases
• Sublicensing to third parties
• Use in violation of applicable laws

4.2 Your Content - Input and Output

Definitions:

• "Input": Any content you provide to the Services, including voice recordings, audio files, text, and other data
• "Output": Content generated and returned by the Services based on your Input, including transcriptions, synthesized speech, translations, and analyses
• "Content": Collectively, Input and Output

Ownership of Content: As between you and Aiphoria, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.

Similarity of Content: Due to the nature of voice synthesis, speech recognition, and artificial intelligence generally, Output may not be unique and other users may receive similar sounding voices, transcriptions, or results from our Services. Our assignment above does not extend to other users' Output or any Third Party Output.

Our Use of Your Content: Aiphoria may use your Content to:

• Provide and maintain the Services
• Process your requests and generate Output
• Comply with applicable law
• Enforce our policies
• Improve our Services as described in Section 4.4

4.3 AI and Machine Learning Limitations

Nature of AI Technology: Artificial intelligence and machine learning are rapidly evolving fields. We continuously work to improve the Services to make them more accurate, reliable, safe, and beneficial.

Important Limitations: Given the probabilistic nature of machine learning:

• The Services may produce incorrect or inaccurate Output
• Speech recognition may not perfectly transcribe audio, especially with:
  • Background noise
  • Strong accents or dialects
  • Technical terminology
  • Multiple speakers
• Voice synthesis may not perfectly replicate desired characteristics
• Translations may contain errors or lose nuance

Your Responsibility: You must:

• Evaluate the accuracy of all Output for your specific use case
• Use human review of Output when accuracy is critical
• Not rely solely on AI-generated Output for critical decisions
• Verify important information through additional sources

No Warranty of Accuracy: We do not warrant that the Services will be error-free or that Output will be accurate, complete, or suitable for your purposes.

4.4 License You Grant to Aiphoria

Content License: You grant Aiphoria a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to:

• Use, reproduce, and process your Input to provide the Services
• Store and transmit your Content through our systems
• Generate and deliver Output to you
• Display excerpts of your Content for promotional purposes (only with your explicit consent)

AI Training License: You grant Aiphoria the right to use anonymized and de-identified versions of your Content to:

• Train and improve our AI models
• Develop new features and services
• Conduct research and development
• Enhance speech recognition accuracy

Opt-Out: You may opt out of having your Content used for AI training by sending an email to info@aiphoria.ai with the subject line "AI Training Opt-Out" and including your registered account email address. We will process your request within 30 days of receipt. This opt-out does not apply to Content already used for training prior to your opt-out request. Please note that opting out may limit the ability of our Services to better address your specific use case.

Duration: The license for Content used in AI training is perpetual once the Content has been anonymized and de-identified. The license for all other Content terminates upon deletion of your Content or termination of your account, subject to our data retention policies.

Purpose Limitation: This license is limited to:

• Providing the Services
• Improving our speech technology
• Promoting Aiphoria through our website and authorized social media channels

4.5 Your Representations and Warranties

For all Content you upload or provide to the Service, you represent and warrant that:

• You own the Content or have sufficient rights to grant the licenses herein
• Your Content does not infringe upon any third-party intellectual property rights
• You have obtained all necessary consents from individuals whose voices appear in audio recordings
• Your Content complies with all applicable laws and regulations
• Your Content does not contain malware, viruses, or harmful code
• For voice cloning features, you have the right to clone the voice in question

Voice Rights: You specifically represent that:

• You have the legal right to submit voice recordings
• For voice cloning, you either own the voice or have written permission from the voice owner
• You will not attempt to clone the voices of public figures, celebrities, or other individuals without proper authorization

4.6 Third-Party Licenses

Open Source Components: The Service incorporates certain open-source software components. These components are subject to their respective open-source licenses.

Output Licenses: Output generated by the Service may be subject to third-party licenses, including open-source licenses, depending on:

• The AI models used
• The Input provided
• The specific features utilized

You are responsible for complying with any applicable third-party licenses that may apply to your use of the Output.

4.7 Feedback

We appreciate and encourage feedback, comments, ideas, proposals, and suggestions for improvements ("Feedback").

Use of Feedback: If you provide Feedback, you grant Aiphoria an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to:

• Use, implement, and incorporate Feedback into our Services
• Share Feedback with third parties
• Commercialize products or services based on Feedback

No Compensation: You will not receive any compensation for Feedback unless separately agreed in writing.

Ownership: All Feedback will be treated as non-confidential and as property of Aiphoria.

4.8 Prohibited Uses

You may not:

Intellectual Property Violations:

• Use the Services in a way that infringes, misappropriates, or violates any person's rights
• Submit Content that violates copyrights, trademarks, or other intellectual property rights

Reverse Engineering:

• Reverse assemble, reverse compile, decompile, or translate the Service
• Attempt to discover the source code, algorithms, or models underlying the Services
• Extract or derive models, training data, or system architecture (Except to the extent such restrictions are contrary to applicable law)

Competitive Use:

• Use Output from the Services to develop, train, or improve competing speech technology products or services
• Build or contribute to products that compete with Aiphoria

Harmful Content:

• Submit personal information of children under 13 or the applicable age of digital consent
• Upload malicious code, viruses, or harmful software
• Attempt to disrupt or interfere with the Service's operation

Prohibited Voice Cloning:

• Clone voices without proper authorization
• Create deepfakes or misleading audio content intended to deceive
• Impersonate individuals without their consent
• Generate voice content for illegal or harmful purposes

High-Stakes Decisions:

• You must not use any Output (including voice clones, transcriptions, translations, or voice analytics) relating to any person for any purpose that could have a legal or material impact on that person, including but not limited to making credit, educational, employment, housing, insurance, legal, medical, law enforcement, immigration, or other important decisions about them
• You must not use Output as sole evidence in legal proceedings or as a substitute for professional human judgment in critical decisions

Geographic Restrictions:

• Use the Services only in geographies currently supported by Aiphoria
• Comply with all applicable export control and sanctions laws

Rate Limits:

• You must comply with any rate limits and usage restrictions specified in our documentation
• Exceeding rate limits may result in service suspension or additional charges

4.9 Third-Party Software and Services

Any third-party software, services, or products you use in connection with the Services are subject to their own terms and conditions. Aiphoria is not responsible for:

• Third-party products or their performance
• Compatibility issues with third-party software
• Third-party privacy practices or data handling
• Support or maintenance of third-party integrations

5. Community Standards and Acceptable Use

5.1 Respectful Behavior

You must behave respectfully towards other users, Aiphoria staff, and third parties at all times when using the Service.

Zero-Tolerance Policy: Aiphoria maintains a zero-tolerance policy towards objectionable content and abusive behavior.

5.2 Prohibited Content and Activities

It is strictly prohibited to:

Illegal or Harmful Content:

• Upload, distribute, or generate pornographic, obscene, or sexually explicit content
• Create or distribute content that is racist, hateful, or promotes discrimination
• Generate violent, threatening, or extremist content
• Produce defamatory, libelous, or slanderous material
• Create or share any other illegal content

Harassment and Abuse:

• Threaten, harass, insult, or defame other users
• Engage in any form of verbal, emotional, or other abuse
• Stalk or intimidate individuals
• Engage in hate speech or discriminatory behavior

Privacy Violations:

• Clone or synthesize voices without proper consent
• Create deepfakes or misleading voice content
• Share voice recordings of individuals without their consent
• Otherwise infringe upon the personal rights or privacy of third parties

Intellectual Property Infringement:

• Distribute content that infringes copyrights, trademarks, or other intellectual property rights
• Clone voices of celebrities or public figures without authorization
• Use the Service to create unauthorized derivative works

Criminal Activities:

• Use the Service to prepare, arrange, or carry out illegal acts
• Generate content for fraudulent purposes
• Create false evidence or misleading audio
• Facilitate identity theft or impersonation

Technical Abuse:

• Conduct attacks on the Service's functionality
• Send spam or engage in mass automated requests
• Attempt hacking, brute force attacks, or unauthorized access
• Upload or distribute viruses, malware, spyware, or worms
• Attempt to bypass security measures or access restrictions

Commercial Misuse:

• Use the Service for unauthorized commercial purposes
• Engage in network marketing, pyramid schemes, or multi-level marketing (MLM)
• Resell or redistribute the Service without authorization
• Use the Service to compete with Aiphoria

Misinformation:

• Create deepfakes intended to deceive
• Generate false or misleading voice content impersonating real individuals
• Produce synthetic media for disinformation campaigns
• Create content that could be used to manipulate elections or public opinion

5.3 Enforcement

Violations: In the event of violations of these Terms, Aiphoria may, in its sole discretion:

• Issue warnings
• Temporarily suspend your account
• Permanently terminate your account
• Delete Content uploaded by you
• Report illegal activity to law enforcement
• Pursue legal action for damages

Immediate Termination: Users found engaging in serious violations (illegal activity, harassment, harmful content creation) are subject to immediate account termination without prior warning.

No Refunds: Termination for violations will result in forfeiture of any prepaid fees without refund.

Preservation of Rights: Any enforcement action does not limit Aiphoria's right to pursue additional legal remedies or claims for damages.

5.4 Reporting Violations

If you become aware of content or behavior that violates these Terms, please report it to:

Email: info@aiphoria.ai

Subject Lines by Category:

• Content Violations & Abuse: "Report: Abuse"
• Copyright Infringement: "Report: DMCA"
• Privacy Concerns: "Report: Privacy Violation"
• Security Vulnerabilities: "Report: Security Issue"
• Other Violations: "Report: [Brief Description]"

In-App Reporting: Use the "Report" feature where available

Required Information: Please include:

• Your contact information (name, email)
• Detailed description of the issue
• Location of the content or behavior (URLs, usernames, timestamps, etc.)
• Explanation of how it violates these Terms or infringes your rights
• Supporting evidence (screenshots, recordings, documents, if applicable)

We will acknowledge receipt within 2 business days and investigate all reports.

6. Indemnification

6.1 Your Indemnification Obligations

You agree to defend, indemnify, and hold harmless Aiphoria, its affiliates, and their respective officers, directors, employees, agents, and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from or relating to:

• Your use or misuse of the Services
• Your Content, including any Input you provide
• Products or services you develop or offer using the Services
• Your breach of these Terms
• Your violation of any law or regulation
• Your violation of any rights of third parties, including intellectual property rights, privacy rights, or publicity rights
• Any claim that your Content caused damage to a third party

6.2 Defense of Claims

Your indemnification obligations include the duty to defend against claims. Aiphoria will:

• Provide you with prompt written notice of any claim
• Cooperate with you in the defense (at your expense)
• Have the right to participate in the defense with counsel of our choice

You may not settle any claim without Aiphoria's prior written consent if the settlement:

• Imposes obligations on Aiphoria
• Requires admission of liability by Aiphoria
• Does not include a full release of Aiphoria

7. Limitation of Liability

7.1 Disclaimer of Warranties

AS-IS BASIS: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND.

NO WARRANTIES: EXCEPT TO THE EXTENT PROHIBITED BY LAW, AIPHORIA AND ITS AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND EXPRESSLY DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• SATISFACTORY QUALITY
• NON-INFRINGEMENT
• QUIET ENJOYMENT
• ACCURACY OR RELIABILITY
• WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE

NO GUARANTEE: WE DO NOT WARRANT THAT:

• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from the Services will be accurate or reliable
• The quality of any Output will meet your expectations
• Any errors in the Services will be corrected
• The Services will be compatible with your systems or devices

VOICE TECHNOLOGY LIMITATIONS: WE SPECIFICALLY DISCLAIM ANY WARRANTIES REGARDING:

• Accuracy of speech recognition or transcription
• Quality of synthesized speech
• Suitability for any particular language, accent, or use case
• Availability of specific features or languages

OUTPUT ACCURACY: YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUT FROM OUR SERVICES IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

7.2 Limitation of Liability

NO INDIRECT DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER AIPHORIA NOR ANY OF ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business
• Loss of goodwill or reputation
• Loss of data or information
• Cost of substitute services
• Business interruption
• Personal injury
• Property damage

EVEN IF AIPHORIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Aggregate LIABILITY CAP: OUR TOTAL AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR AMOUNTS YOU PAID TO AIPHORIA IN THE 12 MONTHS PRECEDING THE EVENT.

Nothing in these Terms limits or excludes liability for death or personal injury, fraud or fraudulent misrepresentation, or any liability that cannot be limited by law. For EEA/UK consumers, mandatory consumer rights remain unaffected.

EXCLUSIONS FROM LIABILITY CAP: The liability cap does not apply to:

• Our liability that cannot be limited by applicable law;
• Your payment obligations (if any);
• Breaches of confidentiality;
• Infringement of intellectual property rights;
• Gross negligence or willful misconduct.

APPLICABILITY: THE LIMITATIONS IN THIS SECTION APPLY:

• To the maximum extent permitted by applicable law
• Regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise)
• Even if any remedy fails of its essential purpose

JURISDICTIONAL LIMITATIONS: Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or implied warranties, so the above limitations may not apply to you.

7.3 Risk Allocation

You acknowledge that the limitations of liability in this Section reflect a reasonable allocation of risk between you and Aiphoria and that Aiphoria would not provide the Services without these limitations.

8. Confidentiality and Data Security

8.1 Confidential Information

Definition: "Confidential Information" means nonpublic information that Aiphoria or its affiliates or third parties designate as confidential or that should reasonably be considered confidential under the circumstances, including:

• Software, source code, and technical specifications
• Business information, strategies, and plans
• Product roadmaps and unreleased features
• Trade secrets and proprietary information
• Security measures and vulnerabilities
• Beta Services and their functionality

Your Obligations: You agree to:

• Use Confidential Information only to use the Services as permitted under these Terms
• Not disclose Confidential Information to any third party without prior written consent
• Protect Confidential Information using at least the same degree of care you use for your own confidential information of a similar nature, but in no case less than reasonable care

Exceptions: Confidential Information does not include information that:

• Is or becomes generally available to the public through no fault of yours
• You possessed without confidentiality obligations before receiving it under these Terms
• Is rightfully disclosed to you by a third party without confidentiality obligations
• You independently developed without using Confidential Information

Required Disclosure: You may disclose Confidential Information if required by law or valid court order, provided you:

• Give Aiphoria reasonable prior written notice (where legally permitted)
• Use reasonable efforts to limit the scope of disclosure
• Assist Aiphoria in challenging the disclosure requirement (where possible)

8.2 Security Measures

Your Security Obligations: You must implement reasonable and appropriate measures designed to:

• Secure your access to the Services
• Protect your account credentials
• Prevent unauthorized use of your account
• Safeguard any data you process through the Services

Security Measures Include:

• Using strong, unique passwords
• Enabling two-factor authentication where available
• Restricting access to authorized personnel only
• Monitoring for suspicious activity
• Promptly reporting security incidents

Vulnerability Reporting: If you discover any vulnerabilities or security breaches related to your use of the Services, you must:

• Promptly contact Aiphoria at info@aiphoria.ai with subject line "Security Vulnerability Report"
• Provide detailed information about the vulnerability or breach
• Not exploit or disclose the vulnerability to others
• Cooperate with Aiphoria in remediation efforts

8.3 Data Processing and Privacy

Personal Data Processing: If you use the Services to process personal data (including voice recordings containing personal information), you must:

• Provide legally adequate privacy notices to individuals
• Obtain all necessary consents for processing
• Comply with applicable data protection laws (GDPR, CCPA, etc.)
• Implement appropriate technical and organizational security measures
• Have a lawful basis for processing under applicable law

Your Representation: You represent and warrant that:

• You process personal data in accordance with applicable law
• You have obtained all required consents and authorizations
• You have provided required notices to data subjects
• Your use of the Services complies with privacy regulations

Data Processing Agreement: For enterprise customers processing large volumes of personal data, we may enter into a separate Data Processing Agreement (DPA) that supplements these Terms.

Privacy Policy: Detailed information on how Aiphoria collects and processes personal data can be found in our Privacy Policy, available in the App settings and at https://aiphoria.ai/legal/privacy-policy.

8.4 Data Location and Transfers

Primary Processing: Your data is primarily processed in:

• United States data centers
• European Union data centers (for EU customers, where applicable)
• Cloud infrastructure provided by Amazon Web Services (AWS), Google Cloud Platform (GCP), and Microsoft Azure

International Transfers: By using the Services, you consent to the transfer of your data to countries where Aiphoria or its service providers operate, which may have different data protection laws than your jurisdiction.

Safeguards: For transfers of personal data from the EEA to countries without adequate protection, we implement appropriate safeguards such as Standard Contractual Clauses (SCCs).

9. Modifications and Updates

9.1 Service Updates

Aiphoria may periodically release updates to the App that:

• Add new features
• Improve existing functionality
• Fix bugs or security issues
• Enhance performance

You should keep your App updated to the latest version to ensure optimal performance and security.

9.2 Automatic Updates

Depending on your device settings, the App may update automatically. You can control automatic updates through your device's app store settings.

10. Final Provisions

10.1 Amendments to Terms

Right to Modify: We may amend these Terms from time to time by:

• Posting a revised version on our website at https://aiphoria.ai/legal/eula
• Providing notice through the Service
• Sending an email to your registered email address

Notice Period: Changes that materially adversely affect your rights or obligations will not become effective until at least 30 days after we notify you.

Other Changes: All other changes (minor clarifications, non-material updates) will be effective immediately upon posting.

Continued Use: Your continued use of the Services after any changes become effective means you agree to the revised Terms.

Notification Methods:

• Email notification to your registered email address
• In-app notification or pop-up message
• Prominent notice on our website

Access to Prior Versions: Prior versions of these Terms will be available upon request at info@aiphoria.ai with subject line "Request: Prior Terms Version".

10.2 Jurisdiction and Venue

For Merchants and Business Entities: If you are a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between you and us is:

• State Courts: Miami-Dade County, Florida, USA
• Federal Courts: Southern District of Florida

For Consumers: If you are a consumer, mandatory consumer protection laws may provide you with additional protections and you may bring claims in your country or state of residence.

10.3 Independent Contractors

These Terms do not create any:

• Partnership or joint venture between you and Aiphoria
• Agency relationship
• Employment relationship
• Franchise relationship

You and Aiphoria are independent contractors. Neither party has the power to:

• Bind the other party
• Incur obligations on behalf of the other party
• Act as agent for the other party

Without the other party's prior written consent.

10.4 Trademark and Brand Usage

Restrictions: You may not use Aiphoria's or any of its affiliates':

• Names
• Logos
• Trademarks
• Service marks
• Trade dress
• Brand identifiers

Without our prior written consent.

Authorized Use: If we grant you permission to use our trademarks, you must:

• Follow our brand guidelines
• Use trademarks only as authorized
• Not suggest endorsement without permission
• Immediately cease use upon request

10.5 Government Use and Export Regulations

Government End Users: The Services were developed solely at private expense and constitute commercial computer software and related documentation within the meaning of applicable U.S. Federal Acquisition Regulations and agency supplements.

Export Controls and Trade Compliance: You must comply with all applicable trade laws, including sanctions and export control laws.

Prohibited Use: Our Services may not be used in or for the benefit of:

(a) Embargoed Countries or Territories: Any country or territory subject to comprehensive U.S. or international sanctions or embargoes, including but not limited to:

• Cuba
• Iran
• North Korea
• Syria
• The Crimea, Donetsk, and Luhansk regions
• Any other country subject to U.S. embargo

(b) Restricted Parties: Any individual or entity with whom dealings are prohibited or restricted under applicable trade laws, including:

• Anyone on the U.S. Treasury Department's list of Specially Designated Nationals (SDN List)
• Anyone on restricted party lists identified by the Office of Foreign Asset Control (OFAC)
• Anyone on the U.S. Department of Commerce Denied Persons List or Entity List
• Anyone on any other U.S. or international restricted party lists

(c) Prohibited End Uses: Our Services may not be used for any end use prohibited by applicable trade laws.

Your Representations: You represent and warrant that:

• You are not located in, ordinarily resident in, or organized under the laws of any embargoed country
• You are not on any restricted party list
• You will comply with all applicable export control and sanctions laws
• You will not facilitate access to the Services by prohibited parties
• You will not export or re-export the Services or Output in violation of applicable laws

Immediate Notification: If you become subject to sanctions or export restrictions, you must immediately notify us at info@aiphoria.ai with subject line "Export Control Notice" and cease using the Services.

10.6 Assignment

Your Restrictions: You may not assign or delegate any rights or obligations under these Terms, including:

• In connection with a change of control of your business
• Through merger, acquisition, or asset sale
• To any third party

Any purported assignment or delegation by you shall be null and void.

Our Rights: Aiphoria may assign these Terms:

• In connection with a merger, acquisition, or sale of all or substantially all of our assets
• To any affiliate
• As part of a corporate reorganization
• To any successor entity

10.7 Notices

Written Form: All notices under these Terms must be in writing, including notices by email.

To You: We may send notices to you:

• Through in-app notifications
• Via prominent notices on our website
• To any contact information you voluntarily provided to us

To Aiphoria: You may send notices to us at:

Email: info@aiphoria.ai

Postal Address:

Aiphoria US Inc.

Attn: Legal Department

2875 NE 191ST St Ste 406

Aventura, FL 33180-2832

United States

Effective Date: Notices are deemed delivered:

• If by email: On the date of transmission
• If by courier: On the date of delivery
• If by postal mail: Three (3) business days after mailing

Service of Process: Aiphoria accepts service of process at the address above.

10.8 Severability and Waiver

Severability: If any provision of these Terms is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction:

• That provision will be enforced to the maximum extent permissible
• All other provisions will remain in full force and effect
• Exception: If severability would allow mass filings, class actions, or representative proceedings, the entire arbitration provision (Section 12) will be unenforceable

No Waiver: If Aiphoria does not enforce any right or provision of these Terms:

• It does not constitute a waiver of that right or provision
• Aiphoria retains all rights to enforce these Terms in the future
• No waiver of any term will be deemed a continuing waiver

10.9 Injunctive Relief

Irreparable Harm: You acknowledge that:

• Violation or breach of these Terms may cause irreparable harm to Aiphoria and its affiliates
• Monetary damages may be an inadequate remedy

Right to Injunctive Relief: In addition to any other legal remedies, Aiphoria has the right to seek:

• Injunctive relief to prevent or stop breaches
• Specific performance of your obligations
• Emergency relief without posting bond

10.10 Entire Agreement

Complete Agreement: These Terms, together with:

• Our Privacy Policy
• Any service-specific terms
• Any applicable enterprise agreements

Contain the entire agreement between you and Aiphoria regarding the Services.

Supersedes Prior Agreements: These Terms supersede any prior or contemporaneous:

• Agreements
• Communications
• Understandings
• Proposals

Between you and Aiphoria regarding the Services.

No Reliance: You acknowledge that you have not relied on any representations, warranties, or statements not expressly set forth in these Terms.

10.11 Governing Law

Applicable Law: These Terms and any disputes arising out of or relating to the Services will be governed by:

• The laws of the State of Florida, United States
• Federal laws of the United States

Exclusions: Excluding:

• Florida's conflicts of law rules or principles
• The United Nations Convention on Contracts for the International Sale of Goods

Consumer Rights: Nothing in this section limits any mandatory consumer protection rights you may have under the laws of your jurisdiction of residence.

10.12 Language

Official Language: The official language of these Terms is English. Any translations provided are for convenience only. In case of conflict between the English version and any translation, the English version prevails.

11. Complaint Management and Dispute Resolution

11.1 Internal Complaint Handling

Reporting Issues: If you believe that third-party content violates your rights, another user's conduct violates these Terms, or any content or behavior on the Service is illegal or harmful, you may submit a complaint to:

Email: info@aiphoria.ai

Subject Lines by Category:

• Content Violations & Abuse: "Complaint: Abuse"
• Copyright Infringement (DMCA): "Complaint: Copyright"
• Privacy/Data Concerns: "Complaint: Privacy"
• Security Issues: "Complaint: Security"
• Other Issues: "Complaint: [Brief Description]"

In-App Reporting: Use the "Report" feature where available

Required Information: Please include:

• Your contact information (name, email, phone number)
• Detailed description of the issue
• Location of the content or behavior (URLs, usernames, timestamps, etc.)
• Explanation of how it violates these Terms or infringes your rights
• Supporting evidence (screenshots, recordings, documents, if applicable)

Acknowledgment: We will acknowledge receipt of your complaint within 2 business days.

11.2 Investigation Process

Review Timeline: We will investigate and respond:

• Urgent matters (illegal content, safety issues, security vulnerabilities): 24-48 hours
• Standard complaints: 7 business days
• Complex investigations: 14 business days

Investigation Steps:

1. We will assess the complaint for validity
2. If appropriate, we will contact the alleged violator
3. We will request a statement from the involved party
4. If the violation is confirmed or not refuted, we will take appropriate action

Possible Actions:

• Content removal
• Warning to user
• Temporary account suspension
• Permanent account termination
• Reporting to law enforcement (for illegal activity)

Notification: You will receive notification of the outcome within a reasonable timeframe after investigation is complete.

11.3 Appeal Process

Filing an Appeal: If we remove your content, suspend your access, or take other enforcement action, you may appeal by sending an email to:

Email: info@aiphoria.ai

Subject Line: "Account Appeal"

Deadline: You must submit your appeal within 30 days of the enforcement action.

Required Information:

• Your registered account email address
• Date of the enforcement action
• Detailed explanation of why you believe the action was incorrect
• Any additional evidence or context supporting your position

Appeal Review: We will:

• Acknowledge receipt within 2 business days
• Review your appeal with fresh eyes (different reviewer when possible)
• Provide our decision within 14 business days
• Notify you of the outcome via email

Decision: Our decision on appeals is final, except where you have mandatory legal rights to further review under applicable consumer protection laws.

11.4 External Dispute Resolution

For EU Residents: The European Commission provides an online dispute resolution platform at:https://ec.europa.eu/consumers/odr

Alternative Dispute Resolution (ADR): Before pursuing litigation or arbitration, we encourage you to use ADR services to resolve disputes amicably.

12. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

12.1 Mandatory Arbitration Agreement

Agreement to Arbitrate: You and Aiphoria agree to resolve any past, present, or future claims, disputes, or controversies relating to these Terms or the Services (including any Beta Services) through final and binding arbitration, except as specified in Section 12.6 (Exceptions).

Opt-Out Right: You have the right to opt out of this arbitration agreement by:

• Sending written notice to info@aiphoria.ai with subject line "Arbitration Opt-Out"
• Within 30 days of first accepting these Terms or any future changes to this arbitration provision
• Including your name and a clear statement that you wish to opt out

If you opt out, all other terms still apply, but disputes will be resolved in court subject to Section 10.11 (Governing Law).

12.2 Informal Dispute Resolution (Mandatory First Step)

Attempt to Resolve: Before filing any formal arbitration or legal claim, you agree to first attempt to resolve the dispute informally.

Notification Process:

1. Send written notice to: info@aiphoria.ai with subject line "Dispute Notice"
2. Include:
   • Your name and contact information
   • Detailed description of the dispute
   • The relief you seek
3. Allow 60 days for informal resolution

Tolling: Any statute of limitations will be tolled during the 60-day informal resolution period.

Required Step: If we cannot resolve the dispute within 60 days, either party may then initiate formal arbitration proceedings.

12.3 Arbitration Forum and Rules

Arbitration Provider: Arbitration will be conducted by:

• JAMS (Judicial Arbitration and Mediation Services)
• Under JAMS Streamlined Arbitration Rules and Procedures
• Or another mutually agreed arbitration provider

JAMS Rules: Available at: https://www.jamsadr.com/rules-streamlined-arbitration/

Selection of Arbitrator: The arbitration will be conducted by a single neutral arbitrator selected in accordance with JAMS rules.

12.4 Arbitration Procedures and Costs

Format: The arbitration may be conducted:

• By telephone
• Through written submissions
• Via video conference
• In person at a mutually agreed location

Location for In-Person Hearings:

• In the county where you reside (for consumers)
• In Miami-Dade County, Florida (for businesses)
• At another mutually agreed location

Arbitrator's Authority: The arbitrator will have authority to:

• Grant any relief that would be available in court
• Issue written decisions with findings of fact and conclusions of law
• Award attorneys' fees if authorized by law

All issues are for the arbitrator to decide, including scope and enforceability of this arbitration provision.

Arbitration Fees:

• Each party will pay equal shares of JAMS arbitration fees
• If you cannot afford fees and cannot obtain a waiver from JAMS, Aiphoria will pay your share
• Each party is responsible for their own attorneys' fees unless the arbitrator determines a claim was frivolous

Confidentiality: Arbitration proceedings and awards will be kept confidential except as required by law or to enforce the award.

12.5 No Class Actions or Representative Proceedings

INDIVIDUAL BASIS ONLY: ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY.

Prohibited Proceedings: You may not:

• Bring claims as a plaintiff or class member in any class action
• Participate in consolidated arbitrations involving multiple parties
• Bring representative or collective actions
• Participate as a member of a representative or collective proceeding

No Class Arbitrations: Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

Court Proceedings: If any dispute proceeds in court rather than arbitration, each party knowingly and irrevocably waives any right to trial by jury.

Class Settlement Exception: This does not prevent either party from participating in a class-wide settlement of claims.

12.6 Exceptions to Arbitration

This arbitration provision does not require arbitration of the following claims:

Small Claims Court: Individual claims brought in small claims court, so long as they remain in small claims court and are brought only on an individual basis.

Injunctive Relief: Claims for injunctive or other equitable relief to:

• Stop unauthorized use or abuse of the Services
• Prevent intellectual property infringement
• Enforce Section 5 (Community Standards)

Intellectual Property: Claims related to:

• Patent infringement
• Trademark infringement
• Copyright infringement
• Trade secret misappropriation

12.7 Mass Filings

Definition: "Mass Filing" means 30 or more similar demands for arbitration submitted against Aiphoria or related parties by the same or coordinated counsel or entities.

Bellwether Process: If a Mass Filing occurs:

1. Selection: JAMS will randomly assign sequential numbers to each demand
2. Initial Test Cases: Claims numbered 1-10 will be designated as "Initial Test Cases"
3. First Wave: Initial Test Cases will proceed to arbitration first
4. Deadline: Arbitrators will render final awards for Initial Test Cases within 120 days of the initial pre-hearing conference, unless extended by agreement
5. Mediation Period: Parties will have 90 days after Initial Test Case awards (the "Mediation Period") to resolve remaining cases through mediation based on the Initial Test Case outcomes
6. Opt-Out Option: If cases are not resolved during the Mediation Period, either party may opt out of arbitration and proceed in court by providing written notice within 60 days after the Mediation Period
7. Continuation: If no opt-out occurs, remaining cases will be arbitrated in assigned order

Tolling: Any statute of limitations will be tolled from Initial Test Case selection until your case is selected.

Stay of Other Cases: All Mass Filing cases except Initial Test Cases will be stayed pending completion of the process above.

12.8 Arbitration Changes

Future Changes: If Aiphoria makes future changes to this arbitration provision (other than address changes):

• You may reject changes by sending written notice to info@aiphoria.ai with subject line "Reject Arbitration Changes" within 30 days
• Rejection notice must include your name and reference to the specific changes
• Your rejection only affects changes to the arbitration provision
• The arbitration provision in effect when you first accepted these Terms will continue to apply

12.9 Severability of Arbitration Provision

Partial Invalidity: If any part of this arbitration provision is found to be illegal or unenforceable:

• The remainder of this Section 12 will remain in effect
• Exception: If a finding of partial illegality or unenforceability would allow:
  • Mass Filing without the bellwether process
  • Class arbitrations
  • Representative arbitrations

Then this entire Section 12 will be unenforceable in its entirety

Public Injunctive Relief: Nothing in this provision waives the right to seek public injunctive relief or any other non-waivable right, pending arbitration of the merits.

12.10 Continuation During Appeal

Arbitral Award: The arbitrator's award will be final and binding, except for limited review available under the Federal Arbitration Act.

Enforcement: Either party may bring an action in any court of competent jurisdiction to:

• Compel arbitration
• Enforce an arbitration award
• Seek interim or preliminary relief in aid of arbitration

Governing Law: This arbitration provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

END OF TERMS OF SERVICE

Contact Information:

Email: info@aiphoria.ai

Mailing Address:

Aiphoria US Inc.

2875 NE 191ST St Ste 406

Aventura, FL 33180-2832

United States

Website: https://aiphoria.ai

These Terms of Service were last updated on November 05, 2025. By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.