RiOT Solutions, Inc. Terms of Service
Welcome to AL! RiOT Solutions, Inc. (“AL”, “us”, “we”, or “our”) maintains the AL mobile application (the “AL App”) and the websites AL.us and AL.store (the “Website(s)”) subject to these Terms of Service.
By using the AL App, the Websites, its subdomains, and the other services and features made available through the AL App, the Websites, and any related services including our servers and any other downloadable applications we make available to you from time to time (collectively with the AL App and the Websites, the “Services”), you indicate your unconditional acceptance of these Terms of Service. Throughout these Terms of Service, “you” or “your” refers to a registered user of our Services or a member of the general public accessing or using any of our Services (each a “User”).
Please read these Terms of Service carefully, as they may have changed since your last visit. We reserve the right to change these Terms of Service from time to time for any reason, which we will do by posting the update information on Terms of Service to the AL App, the Websites or by other means we select to provide you with notice of updates. Any such changes will apply only to your use of the Services after the date of such change, unless you expressly accept retroactive application of such change, via a click-through or signed agreement or otherwise. Use of the Services are subject to these Terms of Service and the RiOT Solutions and AL Privacy Policy available on the Website.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND AL. FURTHER, THESE TERMS OF SERVICE CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND AL ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE SECTION 20 “AGREEMENT TO ARBITRATE”).
If you have questions or concerns regarding this Privacy Policy, you should contact us at www.al-fi.ai
This Privacy Policy covers only information that is collected through the Services and does not cover any website to which we may link.
The Services and related components provide a platform to help you monitor your baby remotely. The Services provide you information to help you track your baby’s sleep patterns, breathing, body position, images, videos and other data collected through the sensors in our AL (“device”). The device captures the biometrics and data, of which some of the data is transferred directly to you on your AL app and some of the data is transferred to the storage cloud via a wi-fi connection. We then process and present the data from the cloud to you on your mobile device via the AL App in a processed format.
The AL App enables parents to do four things: see their baby’s data in real-time; set alerts to let them know if anything changes; view trend and analytics about their baby’s breathing and sleep over time and interact with other members via the community. The AL App also enables you to configure your device with the wi-fi in your house, and to enter information about your baby.
We refer to the Services, the AL device and related components provided by us as the “AL Monitor System”.
AL hereby grants to you, subject to the Terms of Service, a non-transferable (except as described below), non-sublicensable, non-exclusive, revocable, limited right to access and use the Services and Content (as defined below) solely for use with the other components of your AL Monitor System (and any other uses provided for herein), and subject to the policies and restrictions that we post on the Services from time to time. You may transfer the foregoing license to another person, but only if you sell or otherwise transfer the AL device associated with your account to that person. Other members of your family, babysitters or other caregivers, who you allow to use the AL Monitor System may exercise your licensed rights on your behalf. The AL App and all other software included in the AL Monitor System is licensed, not sold, and ownership of all intellectual property rights thereto remains with RiOT Solutions, Inc. You agree not to reverse engineer, decompile, decode, decrypt, disassemble, or otherwise attempt to obtain the source code for any such software, or to assist anyone else in doing so. Other than the express license grants we are providing here, we are not providing any license to our intellectual property.
You are responsible for obtaining any equipment, Internet and phone service necessary to access the Services and for paying any fees for the equipment and services you select.
We may alter, suspend, or discontinue the Services in whole or in part, at any time and for any reason, without notice. You acknowledge that the Services are evolving and that the form and nature of our Services, including our mobile applications, may change from time to time without notice to you. The Services may also periodically become unavailable due to maintenance, because of issues with third party telecommunications providers or malfunction of computer equipment or for other reasons. We may provide access to third party services and products from time to time or to our own products or services.
At times, orders can get delayed for reasons outside of our control. If in case such a situation arises, we will keep an open dialogue with all of our customers through frequent, transparent, and thorough updates via email as well as the Website.
d. Acknowledgement to Receive Email.
As a registered member of the Services, you may receive emails from us from time to time regarding upcoming events, special promotions, and product and service offerings from us and our partners. We offer an opportunity to opt-out of certain communications on the Website, through the AL App, or you may contact us at creator@AL.org.
c. Profiles.
As part of registering with our Services, you may provide information about yourself such as your name, age, gender, a short description about yourself, and other information. AL is not responsible for any personal information you choose to share within your profile, which may appear if you make any posts in our comments or forums portions of our Website or AL App.
b. Social Network Login Credentials.
The Services may enable you to connect to your AL account with your Gmail account, or your Facebook account, or other third-party social network service provider account information (“Third Party Social Networking Account”). By connecting to the Services with a Third Party Social Networking Account, you give us permission to access, store and use your information from such third party social network service provider including, but not limited to, your user ID, any information that you have permitted the third-party social network service provider to share with us, and any information you have made public in connection with that service. Information received by AL will be subject to our Privacy Policy, but AL is otherwise not responsible for the information that it receives from such third party social network service provider. Any such third party social network service provider accessed from the Services is independent from AL, and AL has no control over the terms or content of that website. Your use of any third party social network service provider is subject to its terms of service and privacy policy. We request that our users exercise caution and good judgment when using third party social network service providers. You should always review, and if necessary, adjust your privacy settings on social network service providers and other third party websites and services before linking or connecting them to the Service.
Some of our Services may be restricted to members only. In order to become a member, we may ask you to complete a registration form and create a user name and password (“Login Credentials”). During any such registration, you are required to give truthful contact information (such as name and email address) in accordance with these Terms of Service.
a. Registered Users.
You also have to register as a member in order to use the AL App and to the device to your account. You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials. For your convenience as a AL member, all information that you provide to AL is subject to AL’s Privacy Policy. You are responsible for keeping your registration information up to date through your account page, to the extent such feature is made available on the Services.
You agree that AL is not liable in any way for the accuracy, completeness, timeliness or correct sequencing of Content, or for any decision made or action taken by you relying upon the Content.
The term “Content” means all information, text, alerts, images, data, links, software, or other material accessible through the Services, whether created by us or provided by another person or User, for display through the Services, including biometric and audio data about your baby. Nothing contained on our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or any Content or trademarks displayed on our Services, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of the third party that may own the trademark or copyright of material displayed on our Services.
The Content may contain typographical errors, other errors or inaccuracies. We reserve the right, but without obligation, to make changes to Content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available to you through the Services, subject to the following conditions:
a. The Content may be used solely for internal informational purposes.
b. No part of the Services or Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose, except as may be available through the Services from time to time.
c. The Content may not be modified.
Users may use the Services without volunteering Personal Information (as defined in our Privacy Policy). Please refer to our Privacy Policy for additional information on our practices for handling Personal Information. However, if you choose to provide Personal Information to register for or participate in the Services, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.
a. Accuracy.
b. Liability.
We are not responsible or liable for the conduct of Users or for views, opinions and statements expressed in Content submitted for public display through our Services, such as through Public Areas (as defined below). We do not prescreen Content posted by you or other third parties to online discussion boards, blogs, forums, or other services that may be available through the Services from time to time that allow Users to communicate with other Users (each, a “Public Area”). Content submitted to Public Areas may be viewed by other users or the general public. We may decide in the future to add a feature to enable you to select the level of sharing of your Content with other Users in Public Areas. With respect to such Content in Public Areas, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by Users through a Public Area are those of the respective User and not of AL. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content you submit to the Services is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to the Services.
c. Monitoring.
We have the right, but not the obligation, to monitor Content submitted to the Services, either through our submission forms or through Public Areas, to determine compliance with these Terms of Service and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material, such as Content, submitted to or posted in any Public Area provided through our Services. Without limiting the foregoing, we have the right to remove any material that AL, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the Content that you submit or post to our Services.
By accessing our Services or any Public Area, you agree that you will not disrupt or otherwise interfere in any way with any other User’s use of the Services and to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Services to:
a. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by AL;
b. Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
c. Post Content which infringes another’s copyright, trademark or trade secret;
e. Post unsolicited advertising or unlawfully promote products or services;
d. Advertise or offer to sell any goods or services for any commercial purpose through the Service unless authorized by us in a separate agreement;
h. Promote, solicit, or participate in any multi-level marketing or pyramid schemes;
i. Adapt, alter, license, sublicense or translate any of the Services for your own personal or commercial use;
g. Impersonate another person;
f. Harass, threaten or intentionally embarrass or cause distress to another person or entity;
p. Violate any federal, state, local, or international law or regulation; or
o. Solicit personal information from children under 18 years of age;
n. Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 18 years of age);
m. Harvest or otherwise collect information about Users, including email addresses, without their consent;
l. Transfer your AL account and Login Credentials to another party without our consent;
k. Obtain unauthorized access to any computer system through the Services;
j. Introduce viruses, worms, Trojan horses and/or harmful code in connection with the Services;
q. Encourage conduct that would constitute a criminal or civil offense.
While the above are an illustrative list of problematic types of conduct, AL reserves the right to remove or modify any Content at any time, for any reason, whether on the foregoing list or otherwise.
All submissions made to Public Areas will be public, and AL will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.
By posting Content or sending us any ideas, suggestions, documents or proposals (collectively, “Suggestions”), you represent and warrant to us that (i) your Content and Suggestions do not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Content or Suggestions. In addition, you agree that we may have something similar to the Content and Suggestions already under consideration or in development, and you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, transferable, sublicensable license to use, modify, prepare derivative works, publish, distribute and sublicense the Content and Suggestions, and you irrevocably waive against AL and its users any claims and assertions of any moral rights contained in such Content and Suggestions. Furthermore, by posting Content or Suggestions to any Public Area of the Services, you automatically grant AL all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of such Content or Suggestions on the Services by any party for any purpose.
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is AL’s policy to respond to notices of any actual or alleged infringement that are reported to AL’s “Designated Copyright Agent” and that comply with the DMCA. If you believe that any material on our Services infringes your copyright, you may request that it be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information:
(1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, 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, including a description of the material, its website location or other pertinent information that will help us to locate the material;
(4) a statement that you have a good faith belief that the complained of use of the material is not authorized by the copyright owner, its agent, or the law;
(3) your name, address, telephone number, and email address;
(6) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our agent for copyright issues relating to our Services can be contacted atinfo@al-fi.ai or at
(5) a statement that the information in your claim is accurate; and
RiOT Solutions, Inc
ATTN: Copyright Agent
7029-K Haycock Road,
Falls Church, Virginia 22043
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of Users of the Services who are repeat infringers.
THE AL MONITOR SYSTEM IS NOT A MEDICAL DEVICE, IS NEITHER REGULATED NOR APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION, AND IS NOT DESIGNED TO DETECT OR PREVENT CAUSES OF SUDDEN INFANT DEATH SYNDROME (SIDS). THE AL MONITOR SYSTEM IS INTENDED TO HELP YOU MONITOR YOUR BABY AND IS NOT TO BE USED AS A SUBSTITUTE FOR PARENTING OR OTHER ADULT SUPERVISION. USE OF THE SERVICES AND ANY CONTENT IS ENTIRELY AT YOUR OWN RISK.
YOU ACKNOWLEDGE THAT THE SERVICES, THE CONTENT, AND ALL OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICES ARE PROVIDED “AS IS” AND ARE BASED IN PART ON CONTENT PROVIDED BY USERS, WHICH ARE NOT VERIFIED BY AL, AND THAT ANY CONTENT ACQUIRED THROUGH THE USE OF THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION. AL AND ITS AFFILIATES AND LICENSORS ARE NOT LIABLE OR RESPONSIBLE FOR ANY INFORMATION OR DATA GENERATED THROUGH THE USE OF THE SERVICES. WE PROVED NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN ADDITION, AND WITHOUT LIMITATION, AL DOES NOT WARRANT THAT:
• THE CONTENT AND INFORMATION AVAILABLE ON THE SERVICES IS FREE OF ERRORS;
• THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS;
• DEFECTS WILL BE CORRECTED, OR
• THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- Disclaimer.
IN NO EVENT SHALL AL BE LIABLE TO ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE SERVICES, CONTENT OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF AL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
- Limitation.
YOU AGREE THAT AL’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE, THE SERVICES, OR THE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF
- THE AMOUNTS, IF ANY, YOU PAID TO AL FOR THE SERVICES IN THE THEN-PRIOR SIX MONTHS AND
- $1.00.
- Exclusions.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Except if you opt-out or for disputes relating to your or AL’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents), you agree that all disputes between you and AL (whether or not such dispute involves a third party) arising out of or relating to these Terms of Service, the Services, and/or Privacy Policy shall be finally resolved by arbitration before a single arbitrator conducted in the English language in Delaware, USA. under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and you and AL hereby expressly waive trial by jury. You and AL shall appoint as sole arbitrator a person mutually agreed by you and AL or, if you and AL cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, either party may apply to any court having jurisdiction over the parties for a judicial acceptance of the award or order of enforcement or to seek injunctive relief, security or other equitable remedies. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Terms of Service.
Any claim brought by you or AL must be brought in that parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither you nor AL will participate in a class action or class-wide arbitration for any claim covered by these Terms of Service. You hereby waive any and all rights to bring any claim related to these Terms of Service and Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on your own behalf.
You may opt out of this Agreement To Arbitrate. If you do so, neither you nor AL can require the other to participate in an arbitration proceeding. To opt out, you must notify AL in writing within thirty (30) days after the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number, and a clear statement that you want to opt out of this Agreement To Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement To Arbitrate. You must use this address to opt out:
RiOT Solutions, Inc
ATTN: Copyright Agent
7029-K Haycock Road,
Falls Church, Virginia 22043
If you opt out of this Agreement To Arbitrate, you and AL consent to the non-exclusive jurisdiction of the state and federal courts in the state of Delaware, USA. This Arbitration section will survive the termination of your relationship with AL.
If you have any questions about these Terms of Service, please contact info@al-fi.ai
Copyright © 2024 RiOT Solutions, Inc. All Rights Reserved.