Terms of Service

Welcome to Laila, a service provided by Laila AI Inc. (“Laila”, “we”, “our”, or “us”). These Terms of Service contain the terms and conditions that govern all use of the Platform, the Services (as defined below) and all content, services and/or products available on or through the Platform (collectively, the “Laila Services”). The Laila Services are offered to you subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies the Guidelines (as defined below) and any future modifications, and procedures that may be published from time to time on the Platform or otherwise made available to you on or through the Laila Services (collectively, the “Terms”). When accepted by you, these Terms form a legally binding contract between you and Laila Inc. If you are entering into these Terms on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind that entity.

Laila is a free service. This service is provided by Laila AI Inc. at no cost and is intended for use as is. In using Laila Services you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing United States Law.

Privacy Statement

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

The content of others

Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Laila AI Inc. reserves the right to review all content that appears on the Services and to remove any content that violates these Terms or the law, we do not necessarily review all of it.

Respecting others' rights

We respect the rights of others. And so should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that:

• violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right;
• bullies, harasses, or intimidates;
• defames;
• spams or solicits our users.

Sexually Explicit Content

• We prohibit accounts that promote or distribute pornographic content.

Harassment & Bullying

• We have zero tolerance for bullying or harassment of any kind.
• Don’t use Laila with the intention of making someone feel bad. If someone blocks you, don’t try to contact them from another account.

Threats, Violence & Harm

• Never threaten to harm a person, a group of people, or someone’s property. Encouraging violence is prohibited on Laila.
• Don't post profile photos of gratuitous violence, including animal abuse.
• We don’t allow the glorification of self-harm, including the promotion of self-injury or eating disorders.

Impersonation & Spam

• Don’t pretend to be someone you’re not — this includes your friends, celebrities, brands, or other organizations — or attempt to deceive people about who you are.
• We prohibit spam and deceptive practices, including content that imitates Laila ad formats.

Hate Speech & False Information

• Don't post any content that demeans, defames, or promotes discrimination or violence on the basis of race, ethnicity, national origin, religion, sexual orientation, gender identity, disability, or veteran status.
• We prohibit malicious deception and deliberately spreading false information that causes harm, such as denying the existence of tragic events.

Illegal Content

• Don’t use Laila for any illegal activities — including to buy or sell illegal drugs, contraband, counterfeit goods, or illegal weapons.

Terrorism

• Terrorist organizations are prohibited from using our platform and we have no tolerance for content that advocates or advances terrorism.

Data charges and mobile phones

You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.

If you change or deactivate the mobile phone number that you used to create a Laila account, you must update your account information through Settings within 72 hours to prevent us from sending to someone else messages intended for you.

Log Files

We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Exclusions and Limitations

The information on this web site and the Laila Service is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

• excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
• excludes all liability for damages arising out of or in connection with your use of this website and/or platform. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

The above exclusions and limitations apply only to the extent permitted by law.

Communication

We have several different e-mail addresses for different queries. These, and other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone or facsimile numbers.

This company is incorporated and registered in the State of New York in the United States. Our company addresses is:

Laila Inc.
640 Ellicott St.
Suite 18
Buffalo, NY 14203

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, technical difficulties, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Severability

If any term, condition or provision of these Terms is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Parties. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

Any questions relating to the Agreement which are not expressly or implicitly settled by the provisions contained in the Agreement shall be governed by and construed in accordance with the following:

The Agreement (and any further rules, policies or guidelines incorporated by reference therein) shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. Unless otherwise agreed in writing by the Client and Laila Inc., any dispute arising out of or relating to the Agreement, or the breach thereof, shall be governed by the terms set forth below.

1. In the interest of resolving any disputes that arise between you and either Laila in the most expedient and cost effective manner, you and Laila agree that any and all disputes arising in connection with these Terms or your use of the Laila Services or any part thereof shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms or the Laila Services, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of your Account for the Laila Services. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT TO ARBITRATE, YOU AND AVONEU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
2. Any arbitration between you and Laila will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively herein, “AAA Rules”) of the American Arbitration Association (herein“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Laila Inc.
3. Fees. In the event that you commence arbitration in accordance with these Terms, Laila will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Erie County, New York, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Laila for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.
4. No Class Actions. YOU AND AVONEU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Laila agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the service will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy or terms of service we will send notification by e-mail or postal mail to any active client affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this service and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

Terms of the Agreement

The consent to these Terms is granted as follows:

• when the person has marked in the sign-up form on the Web Site that he/she/it agrees with these Terms and clicks “Sign up”, “Create account”, “Submit”, “Confirm” or other similar button, thus expressing his/her/its will
• to create an Account on the Web Site;
• when the person concludes an Agreement with Laila; or
• when the person continues to use the Laila Services after these Terms have been changed.

Last revised date: October 10, 2019