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Terms & Conditions
1. Acceptance of Terms and Condition Agreement
We are Olviatech LLC ("Company," "we," "us," "our"). We operate the website https://aggyo.com (the "Site"), the mobile application Aggyo (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services"). You can contact us by email at tac@olviatech.com or, by mail to
Olviatech LLC
22-42 128th Street
Queens, NY 11356
United States
These Terms constitute a legally binding agreement made between you, whether personally or on behalf
of
an entity ("you"), and concerning your access to and use of the Services. You agree that by
accessing
the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.
22-42 128th Street
Queens, NY 11356
United States
IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates.
You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date such revised Legal Terms are posted. The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
We recommend that you print a copy of these Legal Terms for your records.
2. Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
3. Eligibility
You must be at least 18 years of age to create an account on Aggyo and use the Service. By creating an account and using the Service, you represent and warrant that:- you can form a binding contract with Aggyo,
- you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction (for example, you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition),
- you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements,
- you have not committed, been convicted of, or pled no contest to a felony, a sex crime, or any crime involving violence or a threat of violence, unless you have received clemency for a non-violent crime and we have determined that you are not likely to pose a threat to other users of our Service, and that you are not required to register as a sex offender with any state, federal or local sex offender registry,
- you will use the latest version of the Service (via app),
- you do not have more than one account on the Service, and
- you have not previously been removed from the Service by us barring authorized deletion.
In order to use Aggyo, you may sign in using an authentic phone number.
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Aggyo, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us at support@olviatech.com .
4. Modifying Service and Termination
We may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so. There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.You may terminate your account at any time, for any reason, contact us at support@olviatech.com. Aggyo may terminate your account at any time without notice if it believes that you have violated this Agreement.
5. Responsibility
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.You agree to treat other users in a courteous and respectful manner, both on and off our Services and to be respectful when communicating with any of our employees. However, we are not responsible for the conduct of any users on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT AGGYO DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. AGGYO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF USERS. AGGYO RESERVES THE RIGHT TO CONDUCT – AND YOU AUTHORIZE AGGYO TO CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS OBTAINED BY IT OR WITH THE ASSISTANCE OF A CONSUMER REPORTING AGENCY, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE.
6. How to safely enjoy the app
Aggyo’s license to your Content shall be non-exclusive, except that Aggyo’s license shall be exclusive with respect to derivative works created through use of the Service. For example, Aggyo would have an exclusive license to screenshots of the Service that include your Content. In addition, so that Aggyo can prevent the use of your Content outside of the Service, you authorize Aggyo to act on your behalf with respect to infringing uses of your Content taken from the Service by other members or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Service.Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Aggyo members).
By creating an account, you grant to Aggyo right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, reformat, incorporate into other works, advertise, distribute, and otherwise make available to the general public, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other members (collectively, “Content”). You agree that Aggyo may access, store, and disclose your account information and Content if required to do so by law, including to:
- comply with legal process;
- enforce the Agreement;
- respond to claims that any Content violates the rights of third parties;
- respond to your requests for customer service;
- protect the rights, property or personal safety of the Company or any other person.
- use the Service or any content contained in the Service for any commercial purposes without our written consent.
- copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Aggyo’s prior written consent.
- express or imply that any statements you make are endorsed by Aggyo.
- use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service. upload viruses or other malicious code or otherwise compromise the security of the Service.
- upload viruses or other malicious code or otherwise compromise the security of the Service.
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
- “frame” or “mirror” any part of the Service without Aggyo’s prior written authorization.
- use meta tags or code or other devices containing any reference to Aggyo or the Service (or any trademark, trade name, service mark, logo or slogan of Aggyo) to direct any person to any other website for any purpose.
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
- use or develop any third-party applications that interact with the Service or other members’ Content or information without our written consent.
- use, access, or publish the Aggyo application programming interface without our written consent.
- probe, scan or test the vulnerability of our Service or any system or network.
- encourage, promote, or agree to engage in any activity that violates this Agreement.
We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service. By submitting suggestions or feedback to Aggyo regarding our Service, you agree that Aggyo may use and share such feedback for any purpose without compensating you.
7. Prohibitions
You may not access or use the Services for any purpose other than that for which we make the Services available. By using the Service, you agree that you will not:- use the Service for any purpose that is illegal or prohibited by this Agreement.
- use the Service for any harmful or nefarious purpose.
- use the Service in order to damage Aggyo.
- spam or solicit money or other items of value from another member, whether as a gift, loan, or other form of compensation, or otherwise defraud any members.
- impersonate any person or entity or post any images of another person without his or her permission.
- bully, “stalk,” intimidate, assault, harass, mistreat or defame, or otherwise mistreat any person.
- post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
- post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- solicit/use personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
- use another user’s account, share an account with another user, or maintain more than one account.
- misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity.
- create another account if we have already terminated your account, unless you have our permission.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Delete the copyright or other proprietary rights notice from any Content.
8. Use License
The following terms apply when you use the App obtained from the Apple Store ( "App Distributor") to access the Services:- the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service;
- we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
- in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App;
- you represent and warrant that
- you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and
- you are not listed on any US government list of prohibited or restricted parties;
- you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a Vol application, then you must not be in violation of their wireless data service agreement when using the App; and
- you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
9. Notice and Procedure for Making Claims of Copyright Infringement.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please contact us at copyright@olviatech.comIf you contact us regarding alleged copyright infringement, please be sure to include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service;
- your contact information, including address, telephone number and email address, and the copyright owner’s identity;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
10. Disclaimers.
AGGYO PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AGGYO DOES NOT REPRESENT OR WARRANT THAT (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (E) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE DISCOVERED OR CORRECTED, OR (F) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE, OR APPROPRIATE FOR YOUR PURPOSES.AGGYO ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
AGGYO DISCLAIMS AND ASSUMES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER MEMBER, ON OR OFF THE SERVICE.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. Limitation of Liability
IN NO EVENT WILL AGGYO OR WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE FIVE (5) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.12. Dispute Resolution Section
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.Any legal action of whatever nature brought by either you or us (collectively, the "Parties" and individually, a "Party") shall be commenced or prosecuted in the state and federal courts located in Queens, New York, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose.
13. Miscellaneous
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us.Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
14. Payment Policies
- Subscriptions
- Users organizing or attending events via the app must maintain an active subscription at all times. Failure to do so will result in restricted access to event-related features and functionalities.
- Users are responsible for managing their own subscriptions. An active payment method must be connected at all times. If the subscription fails or the payment method is not active, immediate access to event-related features will be denied. There is no grace period.
- Event Creation & Ticket Sales
- Users organizing events must comply with all local laws and regulations applicable to their event, including but not limited to ticket pricing, age restrictions, and consumer rights.
- Event organizers agree that Aggyo takes a 13% commission on each ticket sold, with the remaining being paid to the organizer. The fees may vary depending on the means of withdrawal. For further inquiries, contact us at billings@olviatech.com
- Event organizers with multiple cancellations will face penalties, regardless of the reasons.
- Payment and Refund Policies
- Organizers must ensure the event is fully completed and verified before requesting a withdrawal. Aggyo reserves the right to withhold the event’s balance until this verification process is finalized.
- After initiating a withdrawal, it may take up to 2 to 3 business days for processing, depending on various factors such as the withdrawal method and bank processing times.
- Attendees have up to 4 hours after the event ends to file a complaint or seek compensation by contacting us. Please note that only active users can make such requests.
- Refunds will be processed in accordance with the organizer’s policy. In the event of a dispute, Aggyo will assist in resolving the issue, but the final decision rests with the organizer.
- All payments and purchases are final. There are no refunds or reimbursements except in specific cases. In such cases, you may not receive a full reimbursement, as the third-party payment processor may deduct fees.
- Compliance and Legal Responsibilities
- Event organizers must ensure that their events comply with local, state, and federal laws, including those related to consumer protection, data security, and pricing regulations.
- The app prohibits the promotion of illegal activities or events, including those involving illicit substances or discrimination.
- Data Privacy and User Rights
- Personal data collected through the platform will be handled in accordance with our Privacy Policy. Event organizers are prohibited from sharing user data without explicit consent.
- Dispute Resolution
- Any disputes between event organizers, attendees, or Aggyo will be handled through a formal dispute resolution process. By using the platform, users agree to arbitration for legal disputes, except where prohibited by law.
- Only registered users with active accounts on our platform are eligible to file complaints or initiate disputes. Individuals who purchase tickets or use our services without creating an account will not be entitled to dispute resolution through the platform.
- Financial Reporting and Taxes
- Event organizers are responsible for reporting their earnings to the appropriate tax authorities. Aggyo will provide reports on commissions earned and payments made to organizers.
- Limitation of Liability
- Aggyo is not responsible for any financial loss, legal consequences, or damages incurred through the misuse of the platform or failure to comply with these terms.
- Prohibited Content and Events
- The platform prohibits the creation or promotion of events involving illegal activities, including violence, discrimination, or activities against public policy.
- Aggyo reserves the right to review and remove events and event creators that violate these terms or applicable laws.
- If you have any issues or inquiries, contact us at support@olviatech.com