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These Terms of Service ("Terms") govern your access to and use of the AIXERY, including the website, web app, workspaces, tool directory, prompt generator, and related services (collectively, the "Service").
These Terms include: binding arbitration, a class action waiver, a jury trial waiver, disclaimers of warranties, and limits on liability.
If you do not agree, do not use the Service.
In these Terms, “we”, “us”, and “our” refer to OVAS LLC, a New Mexico limited liability company (“Company”). “you” refers to the user of the Service.
The Service provides a productivity workspace and tool directory that helps users discover, configure, and document project workflows and tool stacks (“Stacks”). The Service may generate or assemble text prompts from our database and your inputs (for example, to help you interact with third-party AI tools), including prompts generated locally in your browser.
The Service may contain links to third-party tools, websites, services, and AI providers (“Third-Party Services”). We do not control Third-Party Services and are not responsible for them.
You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are 18+ and have the legal capacity to enter into these Terms.
To use certain features, you may need an account. Our Service may use third-party membership and authentication providers (for example, Memberstack) to create and manage accounts.
You agree to provide accurate information and keep it current. You are responsible for all activity under your account, and for maintaining the confidentiality of your credentials.
The Service is currently provided at no charge. We do not currently collect payment card information from end users through the Service. We may introduce paid features in the future, and if we do, we will present additional terms or updates as needed.
Some outbound links to Third-Party Services may be “affiliate links.” This means we may receive compensation if you click a link and take an action (such as a purchase or sign-up) with a Third-Party Service.
The Service may allow you to create, upload, store, or share content, including text, notes, prompts, links, images (e.g., profile pictures), project documentation, workspace configurations, and other materials (“User Content”).
You retain ownership of your User Content as between you and us. These Terms do not transfer ownership of your User Content to us.
You grant us a worldwide, non-exclusive, royalty-free, sublicensable (to our service providers), and transferable license to host, store, cache, reproduce, transmit, display, perform, adapt, and modify (for technical purposes only, such as formatting) your User Content solely as necessary to operate, maintain, improve, and provide the Service, and to comply with law and enforce these Terms.
We do not have, and do not undertake, any obligation to monitor, screen, or review User Content. However, we may (but are not required to) remove or restrict access to User Content at any time for any reason, including to comply with law or enforce these Terms.
Workspaces may allow invited users to collaborate. You are responsible for whom you invite and what you share. If you invite others, you authorize them to access User Content within that shared workspace per the workspace’s permissions.
You may not (and may not permit anyone else to):
The Service may link to Third-Party Services or integrate via outbound links. Your use of Third-Party Services is at your own risk and subject to the third party’s terms and privacy policies.
The Service may be offered as an early version, beta, or experimental product. Features may change, break, be removed, or be discontinued at any time. You acknowledge that the Service may contain errors and may not operate as intended.
We may suspend or terminate your access to the Service at any time, with or without notice, for any reason or no reason, including if we believe you violated these Terms or pose a risk to the Service or others.
You may stop using the Service at any time. Account deletion options, if provided, may not remove all data immediately due to backups, logs, or legal obligations.
We do not guarantee data retention. You are responsible for exporting or backing up your User Content as needed.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING BACKUPS OF YOUR USER CONTENT. WE DO NOT PROVIDE ANY BACKUP OR RESTORE GUARANTEE AND ARE NOT RESPONSIBLE FOR ANY LOSS OR CORRUPTION OF USER CONTENT.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
The Service does not provide financial, investment, business, legal, tax, accounting, medical, or other professional advice. Any Stacks, prompts, workflow suggestions, tool listings, descriptions, or other materials are for general informational purposes only.
We do not guarantee results, outcomes, suitability, correctness, completeness, or usefulness of any Stack, recommendation, prompt, workflow, or tool listing. Statements in marketing materials (including phrases like “game-changer,” “advantage,” or similar) are general promotional statements and do not constitute a promise, guarantee, or commitment.
You must independently evaluate and verify any information obtained through the Service before making decisions, including business, financial, investment, legal, operational, or strategic decisions. You assume all risks associated with your use of the Service and any decisions you make.
You agree that you will not rely on the Service as a basis for making decisions. We are not a fiduciary, advisor, agent, broker, or representative for you. No agency, partnership, joint venture, employment, or similar relationship is created by these Terms or your use of the Service.
If you use prompts generated by the Service with Third-Party AI tools, any output or response is produced by the Third-Party Service, not by us. AI outputs can be inaccurate, incomplete, or misleading. You are responsible for reviewing and validating any AI output before using it.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE (OR OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUPPLIERS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED US $100.
FOR CLARITY, THIS LIMIT IS AN AGGREGATE LIMIT FOR ALL CLAIMS AND DAMAGES ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, AND NOT A PER-CLAIM OR PER-INCIDENT LIMIT.
Some jurisdictions do not allow certain limitations. In those jurisdictions, our liability will be limited to the greatest extent permitted by law.
You agree to defend, indemnify, and hold harmless the Company and its owners, directors, officers, employees, contractors, agents, affiliates, and suppliers from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:
We respect intellectual property rights. If you believe material available through the Service infringes your copyright, trademark, or other intellectual property rights, please contact us at support@aixery.com with:
We may review and remove or restrict content at our sole discretion. We are not required to adjudicate disputes between third parties.
The Service, including its software, design, branding, text, databases, tool lists, stack data, taxonomy, templates, prompt structures, UI/UX, and any Company content (excluding User Content) (collectively, “Company Materials”), are owned by or licensed to us and are protected by intellectual property laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes. No other rights are granted.
Our collection and use of personal information are described in our Privacy Policy: https://aixery.com/privacy. Third parties (including membership/auth providers and other service providers) may process data as described in the Privacy Policy.
We may modify, suspend, or discontinue the Service (in whole or in part) at any time, with or without notice, and without liability to you.
We may update these Terms from time to time. If we make material changes, we may provide notice (for example, by posting the updated Terms on this page). By continuing to use the Service after the updated Terms become effective, you agree to the updated Terms.
By using the Service, you consent to receiving communications from us electronically (for example, via email or by notices posted within the Service). You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
You may not use, export, re-export, import, or transfer the Service except as authorized by United States law, the laws of the jurisdiction where you obtain the Service, and any other applicable laws. Without limiting the foregoing, you represent and warrant that:
Except where prohibited by applicable law, these Terms and any dispute arising out of or relating to these Terms or the Service will be governed by the laws of the State of New Mexico, U.S.A., without regard to its conflict of law principles.
This Arbitration Agreement is governed by the U.S. Federal Arbitration Act (“FAA”) and evidences a transaction involving interstate commerce. The arbitrator will apply applicable law, and any award may be entered in any court of competent jurisdiction.
Before initiating arbitration, you agree to first contact us at legal@ovas.app and provide a brief written description of your claim and your contact information. We will attempt to resolve the dispute informally within 30 days.
If we cannot resolve the dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its applicable rules, including the AAA Consumer Arbitration Rules where applicable, as modified by these Terms.
The arbitration will be conducted in English. The place of arbitration will be New Mexico, unless the parties agree otherwise, or unless required by applicable law.
Either party may bring an individual action in small claims court if the claim qualifies and remains in that court, provided it is brought on an individual basis and not as a class or representative action.
Notwithstanding the foregoing, we may seek injunctive or other equitable relief in any court of competent jurisdiction to stop or prevent unauthorized use, scraping, automated extraction, reverse engineering, security attacks, infringement, or misuse of the Service or Company Materials.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING (“CLASS ARBITRATION”).
To the extent permitted by law and the applicable arbitration rules, if substantially similar claims are brought by or with the assistance of the same law firm or organization, the parties agree to cooperate in good faith to implement a streamlined procedure, including staged filings and bellwether proceedings, to promote efficient resolution.
TO THE EXTENT PERMITTED BY LAW, YOU AND THE COMPANY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.
Payment of arbitration fees will be governed by the AAA rules and applicable law. Each party will bear its own attorneys’ fees and costs unless the arbitrator awards fees under applicable law.
To the maximum extent permitted by law, any claim must be filed within one (1) year after the claim arose; otherwise, the claim is permanently barred.
The Service may display public profiles or listings for independent third parties (for example, “experts”). Such parties are not our employees, agents, or representatives. We do not endorse, warrant, or guarantee their services, statements, or conduct.
Any interaction, agreement, payment, or engagement between you and any expert or third party occurs solely between you and that party, outside of our responsibility.
We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, natural disasters, power outages, internet failures, labor disputes, war, terrorism, civil unrest, pandemics, government actions, and failures of third-party service providers.
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms and our rights and obligations without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law.
If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision will not operate as a waiver of such right or provision.
Provisions that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, limitations of liability, indemnification, dispute resolution, and miscellaneous provisions.
These Terms (together with any policies referenced herein, including the Privacy Policy) constitute the entire agreement between you and the Company regarding the Service and supersede all prior or contemporaneous agreements, communications, and understandings.
If you have questions about these Terms, contact us at:
Address (Registered Agent): 1209 MOUNTAIN ROAD PL NE, STE R, ALBUQUERQUE,
NM 87110
Mailing Address (for general correspondence): 322 Lamar Ave Suite 338
Charlotte, NC 28204
United States