Terms of Service
These Terms of Service govern your use of the website located at
aimensa.com and any related services provided by NUMUX TECH Ltd.
By accessing
aimensa.com you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by NUMUX TECH Ltd. The website is available only to individuals who are at least 18 years old.
We, NUMUX TECH Ltd., reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.
These Terms of Service were last updated: 26th of March, 2024
General provisions
By accessing our website, you agree to the usage of cookies as outlined in our
Privacy Policy. We use cookies only as strictly necessary for functions such as authorization and saving user settings. We do not use cookies for any other purposes unless expressly agreed upon by you.
In alignment with our company's commitment to ethics and privacy:
- We do not use your uploaded files to train our AI algorithms or for any purpose other than the automated processing to which you've agreed.
- We do not share your uploaded or processed files with third parties, except for our secure provider, for the sole purpose of safe storage and processing.
Data storage policy
AI-generated content created on our platform is stored indefinitely, unless removed. All such works are released under the Creative Commons Zero (CC0) license, meaning they are dedicated to the public domain and can be used freely for any purpose.
Your personal data is protected under the
GDPR (EU data protection regulation), regardless of your geographical location. We strictly adhere to these regulations and employ robust security measures to safeguard your data. For more detailed information, please review our
Privacy Policy.
Please note that all files and associated order metadata will be permanently deleted if you choose to delete your order or your account via a request at
hello@aimensa.com.
Limitations of Use
By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
- modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
- remove any copyright or other proprietary notations from any materials and software on this website;
- transfer the materials to another person or “mirror” the materials on any other server;
- knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service NUMUX TECH Ltd. provides;
- use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
- use this website or its associated services in violation of any applicable laws or regulations;
- use this website in conjunction with sending unauthorized advertising or spam;
- harvest, collect, or gather user data without the user’s consent; or use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
Intellectual Property
Provisions outlined in this section are not applicable to files uploaded by users for processing (see next section) or to files generated with AI at
aimensa.com and any related services provided by NUMUX TECH Ltd.
The intellectual property in the materials contained in this website are owned by or licensed to NUMUX TECH Ltd. and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by NUMUX TECH Ltd. at any time.
User-Generated Content
You retain your intellectual property ownership rights over content you submit to us for processing and any content we’ve processed on your behalf. We will never claim ownership of your content, but we do require a license from you in order to use it.
When you use our website or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, modify, run, copy, enhance, or otherwise create derivative works of your content. Therefore, you should own legal rights for the content you upload.
The license you grant to us may be terminated at any time at your request by
hello@aimensa.com with the removal of your content or account.
If you are not a paid member, you don’t own the assets you create. Instead, NUMUX TECH Ltd. grants you a license to the assets under the Creative Commons Noncommercial 4.0 Attribution International License (the “Asset License”).
Liability
Our website and the materials on our website are provided on an 'as is' basis. To the extent permitted by law, NUMUX TECH Ltd. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall NUMUX TECH Ltd. or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if NUMUX TECH Ltd. or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of Materials
The materials appearing on our website are not comprehensive and are for general information purposes only. NUMUX TECH Ltd. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.
Links
NUMUX TECH Ltd. has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by NUMUX TECH Ltd. of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Right to Terminate
We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Severance
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
Payment and Billing
We may invoice you for your use of the Services through a third party payment service provider. The third party service provider’s terms of service shall govern and supersede these Terms of Service in case of conflict.
DMCA and Takedowns Policy
Notification Procedures We respect the intellectual property rights of others. If you believe that material located on or linked to by the Services violates your copyright or trademark, please send a notice of claimed infringement to
hello@aimensa.com with the subject “Takedown Request,” and include the following:
- Your physical or electronic signature.
- Identification of the copyrighted work (or mark) you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise and detailed manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- If the copyright owner’s rights arise under the laws of a country other than the United States, please identify the country.
You may also send notices containing the above-required information to the following Address:
NUMUX TECH LtdORATION
71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ
Upon receipt of a notice that complies with the foregoing, we reserve the right to remove or disable access to the accused material or disable any links to the material; notify the party accused of infringement that we have removed or disabled access to the identified material; and terminate access to and use of the Services for any user who engages in repeated acts of infringement.
Please be aware that if you knowingly misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter-Notification Procedures If you believe that material was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us by submitting a written notification to our copyright agent designated above. Such notification must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.
- Our designated agent to receive counter notices is the same as the agent shown above.
- The DMCA allows us to restore the removed content within 10-14 business days unless the complaining party initiates a court action against you during that time period and notifies us of the same.
- Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorney’s; fees) under Section 512(f) of the DMCA.
Dispute Resolution and Governing Law
All legal claims arising out of or relating to these Terms of Service (including any dispute regarding the interpretation or performance of the agreement) ("Dispute") will be governed by the laws of England and Wales, excluding its conflicts of laws rules. Any disputes arising under or in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the courts of England and Wales. The parties agree to submit to the jurisdiction of these courts and waive any objections based upon venue in any such action, suit, or proceeding.
The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration by the American Arbitration Association’s International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this agreement.
The parties will mutually select one arbitrator.
Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the agreement.
The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property.
Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the dispute.
These Terms of Service are governed by and construed in accordance with the laws of the US. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Miscellaneous
Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.
No Agency. These Terms of Service does not create any agency, partnership, or joint venture between the parties.
No Third-Party Beneficiaries. These Terms of Service does not confer any benefits on any third party unless it expressly states that it does.
Survival. The sections and obligations in these Terms of Service that a reasonable person would expect to survive this agreement, will. Particularly the IP and privacy stuff.