Terms of Use

Welcome to Aimfina
Please read on to learn the rules and restrictions that govern your use of our website(s), products, services, and applications (the ‘Services’). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at info@aimfina.com. These Terms of Use (the ‘Terms’) are a binding contract between you and Blue Lantern LLC, (‘Aimfina,’ ‘we’ and ‘us’). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.

Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the aimfina.com website, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?
Aimfina places great emphasis on the privacy of its users. To view the most current Aimfina Privacy Policy, please refer to the website. In accordance with The Children’s Online Privacy Protection Act (COPPA), online service providers are required to secure parental consent prior to the collection of personally identifiable information from children under the age of 13. We do not intentionally gather or seek personally identifiable information from children under 13. If you are under 13, please refrain from trying to register for the Services or sending any personal details to us. Should we discover that we have inadvertently collected personal information from a child under 13, we will endeavor to remove that information promptly. If you suspect that a child under 13 has provided us with personal information, kindly reach out to us at info@aimfina.com
What are the basics of using Aimfina?
You may need to create an account, choosing a password and an email address (referred to as 'Aimfina User ID'). You commit to providing us with information that is accurate, complete, and up-to-date during registration. You must not use a username that you are not legally entitled to use or impersonate someone else by choosing their name as your username. Your account cannot be transferred to someone else without our explicit written consent. You affirm that you are of legal age to enter into a binding agreement, or if you are not, you have obtained consent from your parent or guardian to use the Services, and they have agreed to these Terms on your behalf. The Services are intended for your personal, non-commercial use only, within internal purposes and in compliance with all applicable laws. If the laws applicable to you prohibit the use of the Services, then you are not permitted to access them. We are not liable for any illegal use of the Services on your part. It is your responsibility to keep your account and password confidential and secure. You are accountable for any actions taken through your account.

Your use of the Services is subject to the following additional restrictions:
You affirm, guarantee, and concur that your participation in providing Content or User Submissions, as well as your interaction with and use of the Services, will not engage in activities that: infringe upon or violate the intellectual property or other rights of anyone, including Aimfina; breach any laws or regulations, including export control laws; are harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or in any way objectionable; compromise the security of your Aimfina account or someone else's (for example, by enabling someone else to access the Services using your credentials); seek to acquire another user's password, account, or security details through any means; breach the security of any computer network, crack passwords, or decrypt security encodings; operate any form of mail list, list server, auto-responder, or "spam" on the Services, or execute any process that runs or is activated while you are not logged into the Services, or otherwise disrupt the proper functioning of the Services (including imposing an unreasonable load on the Services' infrastructure); engage in "crawling," "scraping," or "spidering" any page, data, or portion of the Services or Content by manual or automated means; replicate or store a significant portion of the Content; decompile, reverse engineer, or attempt to extract the source code or underlying ideas or information of or pertaining to the Services. Any breach of these conditions may result in the termination of your privilege to access or use the Services.

What are my rights in Aimfina?
The content available through the Services, including texts, graphics, data, articles, photographs, images, illustrations, User Submissions, and more (collectively referred to as 'Content'), is protected under copyright and/or other intellectual property laws. You agree to respect all copyright notices, trademark regulations, and any other restrictions associated with the Content you access via the Services. You commit not to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit any Content that you do not own, without (i) the prior permission of the Content's rightful owner or (ii) in a manner that infringes on the rights of others, including Aimfina. You acknowledge that Aimfina holds ownership over the Services and agree not to alter, publish, transmit, engage in the sale or transfer of, reproduce (except as explicitly allowed in this Section), create derivative works from, or in any way exploit any of the Services. While the Services may provide functionality for copying or downloading certain Content, this does not imply that the aforementioned restrictions are waived—they still apply.

Anything you post, upload, share, store, or otherwise provide through the Services is your ‘User Submission.’
Please be aware that all licenses mentioned here are governed by our Privacy Policy when they pertain to User Submissions that include your personally identifiable information. For all User Submissions, you grant Aimfina the right to translate, modify (for technical reasons, such as ensuring content is accessible on various devices), reproduce, and otherwise utilize your User Submissions, enabling us to provide the Services as further detailed herein. This grants us a license but does not affect your ownership of the User Submissions. If you save a User Submission in your Aimfina account (termed a 'Personal User Submission'), you not only grant Aimfina the aforementioned license but also the right to display, perform, and distribute your Personal User Submission solely to make it accessible to you and to supply the necessary Services for this purpose. When you share a User Submission publicly on the Services or in a way that allows it to be viewed by others beyond yourself or designated users, or if you offer us feedback, suggestions, or ideas about the Services (all referred to as 'Public User Submission'), you then grant Aimfina the above licenses as well as the right to display, perform, and distribute your Public User Submission to make it accessible to all Aimfina users and to provide the necessary Services for this purpose. This also includes any rights needed to use and apply all rights in the Public User Submission in connection with the Services and/or Aimfina’s business activities, with the understanding that Aimfina will attempt to notify you if your Public User Submission is used for reasons beyond displaying it on the Services. Moreover, you provide all other users of the Services a license to access, use, and exercise rights in that Public User Submission, as allowed by the Service's functionality. The licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide. However, if you delete your Aimfina account, we will cease displaying your User Submissions (except for Public User Submissions, which may remain accessible) to other users, acknowledging that it might not be feasible to entirely remove that content from Aimfina’s databases, and your User Submissions could still be visible elsewhere if they were copied or stored by other users. Lastly, you acknowledge and agree that Aimfina, in performing the necessary technical actions to provide the Services to users (including you), may need to alter your User Submissions to meet the technical specifications of networks, devices, services, or media, and the aforementioned licenses include the rights to make such adjustments.

Who is responsible for what I see and do on the Services?
Accessing any information and content through our services is done at your own risk. We are not responsible for any inaccuracies or missing details in such information or content, nor for any potential damages or losses you might incur as a result. We do not control, nor are we obligated to take action regarding how you may interpret and use the content, or what actions you might take after being exposed to it. Consequently, you release us from any liability associated with your acquisition or lack thereof of content through the services. It is your responsibility to ensure that all content you contribute to the services is something you have the right to share, and you must do so in a lawful manner. You also agree to maintain the accuracy and current status of your registration information. Lastly, you are responsible for all activities conducted under your account in connection with the services.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Aimfina.
When you utilize third-party websites or services, you acknowledge the inherent risks and agree that Aimfina bears no liability for those risks. We advise you to be cautious when you leave our Services and to thoroughly review the terms, conditions, and privacy policies of any third-party websites or services you engage with. Aimfina does not have authority over, nor does it accept any responsibility for the content, precision, privacy policies, or practices of any third-party websites or services. You also recognize and agree that Aimfina is not accountable, either directly or indirectly, for any harm or loss purported to be caused by or in connection with your use of or reliance on any content, products, or services offered through such third-party websites or services.

What if I want to stop using Aimfina?
You have the freedom to discontinue using the Services whenever you choose. We also retain the right to suspend or terminate the Services at any time, for any reason or no reason, and with or without prior notice. For instance, your access to the Services may be suspended or terminated if you fail to adhere to these Terms, or if your use of the Services potentially causes legal liability for us or disrupts the usage of the Services by others. In the event of suspension or termination of your access, we will attempt to notify you beforehand and assist you in retrieving your data, although there may be situations (such as severe or repeated breaches of these Terms, a legal order, or a risk to other users) where we might need to suspend or terminate your access immediately. If you wish to delete your account, you can do so by selecting the ‘delete account’ option in your profile page or by reaching out to usFor information on how we handle your data after you cease using the Services, please consult our Privacy Policy and the licensing terms mentioned previously.

Aggregated Analytical data
Aimfina and its third-party service providers are permitted to collect, aggregate, and analyze data concerning your interaction with the Services, provided that this data does not personally identify you, your users, or your end-customers. This data, referred to as "Aggregated Analytical Data," will be processed without attributing it to you, your users, or your end-customers as the source. The purpose of aggregating and analyzing this data is multifaceted: it allows Aimfina and its third-party service providers to enhance and support the Services, to improve and ensure its availability, to innovate by developing new features, products, and services, to compile statistical reports, and to gain insights into usage patterns. Additionally, this process aids Aimfina in fulfilling its obligations outlined in these Terms, ensuring that the Services operate efficiently and continue to evolve in response to user needs and technological advancements.

Disclaimer of warranties
Aimfina provides its services, including its website and all content and services accessible through or via the website, "as is," "as available," and "with all faults." Although Aimfina endeavors to maintain current information on its website, it does not guarantee the accuracy, reliability, or completeness of the information provided. Furthermore, Aimfina does not make any warranties or representations regarding the services' quality, merchantability, fitness for a particular purpose, or non-infringement. Additionally, there is no guarantee that the use of the services will be uninterrupted or error-free. By using Aimfina's services, you acknowledge and agree that you are fully assuming the risk associated with the quality and performance of these services. This means that any issues related to the services, including any potential defects or operational problems, are your responsibility. Aimfina's disclaimer of warranties signifies that the company limits its liability regarding how its services perform and the level of quality they provide, placing the onus on the user to manage their expectations and use of the services accordingly.

Limitation of liability; sole and exclusive remedy
This clause in Aimfina's terms of service is a limitation of liability statement. It explicitly states that Aimfina will not be held liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits. This means that if you suffer any of these types of damages as a result of using Aimfina's services, Aimfina is not legally responsible to compensate you for those losses.Such clauses are common in the terms of service for many companies and serve to protect the company from legal claims that could result in significant financial liability. It's important for users to understand these limitations when agreeing to the terms of service, as it affects their rights to seek damages through legal channels.

Choice of Law – Arbitration
This clause outlines several key legal and jurisdictional aspects of Aimfina's terms of service:
1. Governing Law: The terms are governed by and construed under the laws of Switzerland, irrespective of conflict of law principles. This means that Swiss law will apply to interpret, enforce, or resolve disputes related to these terms.
2. Dispute Resolution: Any dispute arising from or related to the subject matter of these terms will be settled through arbitration in Geneva, Switzerland. The arbitration will be conducted in French by a single commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. This arbitration process is chosen instead of traditional court proceedings.
3. Enforcement of Arbitration Awards: The judgment or award rendered by the arbitrator can be entered and enforced in any court of competent jurisdiction, providing a mechanism for the parties to enforce the arbitration outcome.
4. Right to Seek Equitable Relief: Despite the arbitration agreement, both parties retain the right to seek injunctive or other equitable relief from any court of competent jurisdiction at any time. This allows for immediate legal action to prevent irreparable harm that might not be adequately compensated by monetary damages.
5. Tax Responsibilities: Users are responsible for handling all taxes, duties, and governmental assessments associated with their activity in connection with the Services, although Aimfina reserves the right to handle these obligations at its discretion.
6. No Waiver: The failure of either party to exercise any rights under these terms does not waive their right to enforce such rights in the future.
7. Severability: If any provision of these terms is found to be unenforceable or invalid, it will be modified to the minimum extent necessary to make these terms enforceable and valid, without voiding the entire agreement.
8. Entire Agreement: These terms represent the complete and exclusive understanding between the user and Aimfina regarding the subject matter, superseding all prior agreements, communications, and understandings.

This clause is designed to set clear expectations about the legal framework governing the agreement, including how disputes will be resolved and the jurisdiction that will apply. It also outlines responsibilities for taxes and reinforces the comprehensive nature of the agreement between the user and Aimfina.

Contact
Questions, comments, and requests regarding the terms and conditions are welcomed and should be addressed to hello@aimfina.com.