Terms and Conditions

Last Updated: March 13, 2023

These Terms of Service (“Terms”) govern your access and use of the app, website, other offerings, and the services made available (collectively, the “Platform”) by Access Now, Inc. (“Ahoi”). If you register for and/or use the Platform, you agree to be bound by these Terms, which constitute a legal agreement between you and Ahoi.

1. Account and Registration

a. Registration Requirements

You will be required to register an account to access and use certain features on the Platform. If you register for an account, you shall provide accurate and complete registration information, including your name and email address. Additionally, you agree to update your registration if it ever changes so that it remains accurate. Failure to provide or maintain accurate registration information is a violation of these Terms.

You agree that you will not: (i) create a Platform account for anyone other than yourself without that person’s express consent; (ii) attempt to impersonate another person on the Platform; (iii) create a username for that infringes the rights of another person; or (iv) create a username that is offensive, vulgar, obscene. or unlawful. 

b. Account Access

 You are the sole authorized user of any account you create and responsible for all activities that occur under your password or account. You agree that you shall accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your account and you may not assign or otherwise transfer your account to any other person or entity without Ahoi’s express written consent. Should you suspect that any unauthorized party may be using your password or account, you will immediately notify Ahoi by emailing security@ahoimate.com.

c. Account Suspension and Termination

Ahoi may suspend or terminate your account if, in its sole discretion, it believes: (i) you have violated these Terms; (ii) you have violated any applicable law in connection with your use of the Platform; (iii) your continued use of the Platform may endanger your health and safety or the health and safety of others; or (iv) you have communicated or acted in an inappropriate, offensive, or discriminatory manner towards any Ahoi employee or user. You agree not to create an account or use the Platform if you have been previously banned from using the Platform.

2. Privacy and data

By accessing the Platform, you agree that we may collect, process, and disclose your personal information in accordance with our Privacy Notice, available at https://ahoimate.com/privacy-policy. We encourage you to review the Privacy Policy before registering for an account or using the Platform.

3. Use of the Platform; Restrictions on Use

a. Use of the Platform

Ahoi grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Platform. This license has the sole purpose of enabling you to use and enjoy the benefit of the Platform as provided by Ahoi, in the manner permitted by these Terms.

The Platform is protected by copyright, trademark, and other laws of the United States. Ahoi expressly does not grant you a right to use our name or any Ahoi trademarks, logos, domain names, other distinctive brand features, and other proprietary rights except as expressly authorized in these Terms. All right, title, and interest in and to the Platform (excluding User Content, defined below) are and will remain the exclusive property of Ahoi. Any feedback, comments, or suggestions you may provide regarding Ahoi or the Platform is entirely voluntary and Ahoi may use this information without any obligation to you.

Our Platform evolves constantly and may change from time to time at our discretion. We may stop providing Platform or any features within the Platform at any time for any reason. We also retain the right to impose limits on your use of the Platform at our sole discretion at any time. We may also remove or refuse to distribute any Content (defined below) on the Platform, limit distribution or visibility of any Content on the service, and suspend or terminate users at our sole discretion with no obligations to you.

b. Restrictions on Use

You shall not, directly or indirectly: (i) take any action that imposes or may impose (an unreasonable or disproportionately large load on Ahoi's infrastructure; (ii) remove any copyright, trademark or other proprietary notices from any portion of the Platform; (iii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform except as expressly permitted by Ahoi; (iv) decompile, reverse engineer or disassemble the Platform except as may be permitted by applicable law; (v) link to, mirror or frame any portion of the Platform; (vi) use manual or automated software, devices, or other processes to "crawl" or "spider" any part of the Platform; (vii) cause or launch any programs or scripts for the purpose of unduly burdening or hindering the operation and/or functionality of any aspect of the Platform; (viii) attempt to gain unauthorized access to or impair any aspect of the Platform or its related systems or networks; or (ix) take any other action in violation of these Terms or Ahoi’s policies.

4. Content

a. Content Generally

All information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Platform (“Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who made such Content available. Ahoi does not guarantee the authenticity of any Content or data which users may provide. Content you add, create, upload, submit, distribute, post or otherwise obtain through your use of the Platform, including Content that you add to the Platform if you link your accounts to third party websites and services, is collectively referred to in these Terms as “User Content.”

You understand that by using the Platform, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. We may not monitor or control Content posted on the Platform and, we cannot take responsibility for such Content.

b. Ahoi Content

Ahoi grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to access, and use the Content, solely for non-commercial use. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right

c. User Content

We may use User Content to promote our Platform and brand, which may include (but is not limited to): (i) publicly displaying it on the Platform and on third party social media platforms; (ii) reformatting or editing it; (iii) incorporating it into promotional materials, advertisements, and other works; (iv) creating derivative works from it; (v) promoting it; (vi) distributing it; and (vii) allowing other users to do the same in connection with their own websites, platforms, websites, and applications.

You represent and warrant that you own, or have the necessary permissions to use and authorize Ahoi to use of User Content as described herein. Ahoi takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party, nor do we guarantee any confidentiality with respect to User Content. 

You understand that all information publicly posted or privately transmitted through our Platform is the sole responsibility of the person from which such Content originated; that Ahoi will not be liable for any errors or omissions in any Content; and that Ahoi cannot guarantee the identity of any other users with whom you may interact in the course of using our Platform.

You acknowledge and understand that any User Content that you remove may persist in backup copies for a reasonable period of time (but following removal, it will not be shared with others) or may remain with users or third parties who have previously accessed or downloaded your User Content.

d. User Content Licenses

By submitting User Content on our Platform, you hereby grant Ahoi a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to host, use, store, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with our Platform and Ahoi’s (and its successors and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels and promoting the Platform on third party social media platforms. 

You also grant each user of our Platform a non-exclusive license to access your User Content through our Platform, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content in connection with their use of the Platform. For clarity, the foregoing license grant to Ahoi does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to the material in your User Content, unless otherwise agreed in writing with Ahoi.

You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

e. Additional Restrictions on User Content

User Content that you submit must not be illegal, threatening, obscene, discriminatory, defamatory, libelous, pornographic, infringing any third party rights (including intellectual property rights), promoting any illegal activity or harm to groups and/or individuals, invasive of a third party’s publicity or privacy rights, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, or false advertising. 

User Content you submit must be unbiased and objective. You may not submit reviews, comments or ratings for which you are being compensated in any manner, or for your own establishment or any establishment of your employer, friend, relative, or a direct competitor. 

f. Right to Remove Content

We reserve the right to remove Content that violates these Terms, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment.

g. Infringing Content / Digital Millennium Copyright Act (“DMCA”)

If you believe that your Content has been copied in a way that constitutes copyright infringement, please contact us at dmca@ahoimate.com. 

5. App Stores and Apple Terms

You acknowledge and agree that the availability of the Platform may be dependent on the third party from which you download the Ahoi app, e.g., the Apple or Android app stores (each an “App Store”). You acknowledge and agree that these Terms are between you and Ahoi and not with the App Store and that Ahoi is responsible for the provision of Platform as described in these Terms.

You acknowledge and agree that these Terms are a binding agreement between you and Ahoi, and that Ahoi is required to pass on the following terms to you by Apple: (a) these Terms are between you and Ahoi only, and not with Apple, and Ahoi is solely responsible for the iOS Apps and the content thereof; (b) there are additional usage rules for the iOS Apps by Apple, which are subject to additional restrictions set forth in the App Store Terms of Service (the “Apple Rules”) and you will comply with such Apple Rules; (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Apps; (d) to the extent permitted by law, Apple shall have no warranty obligation whatsoever with respect to the IOS Apps or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS Apps; (e) Ahoi, not Apple, is responsible for addressing any claims that you may have or any third party relating to the iOS Apps, your possession and/or use of the iOS App, including but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) claims that the iOS Apps infringe a third party’s intellectual property rights; (f) Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof).

6. Other third-party offerings

The Platform may be made available or accessed in connection with other third-party services and content (including advertising) that Ahoi does not control. Once you click on a link to third party services or content, you will be subject to the terms and conditions and privacy policy of that website, destination, or third-party service provider. Ahoi will not warn you that you have left the Platform or that you are subject to the terms and conditions (including privacy policies) of another website, destination, or third-party service provider. You use all links in third party websites and advertisements at your own risk as these are not part of the Platform and are not controlled by Ahoi. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Ahoi does not endorse such third-party services and content and in no event shall Ahoi be responsible or liable for any products or services of such third party providers.

7. Disclaimer of warranties

THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." AHOI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, AHOI MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE PLATFORM AND SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE PLATFORM AND SERVICES, OR THAT THE PLATFORM AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

AHOI DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ANY THIRD PARTY. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM OR SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

AHOI DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD-PARTY PROVIDERS INCLUDING RETAILERS, DELIVERY SERVICES, AND DELIVERY DRIVERS. THIRD PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF AHOI.

AHOI DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE PLATFORM OR SERVICES. AHOI CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, SERVICES, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AHOI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (c) ANY CONTENT OBTAINED FROM THE PLATFORM; OR (d) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AHOI EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID AHOI, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT AHOI HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

9. Indemnification

You agree to indemnify and hold Ahoi and its subsidiaries, affiliates and each of its and its subsidiaries’, affiliates' employees, contractors, directors, suppliers and representatives from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys' fees), arising out of or in connection with: (a) your use of the Platform; (b) your breach or violation of any of these Terms; and (c) Ahoi's use of your User Content, including any allegations of infringement. 

10. Governing Law and Dispute resolution

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. For all purposes of these Terms of Use, the parties consent to the exclusive jurisdiction and venue in the United States federal courts or state courts located in the Southern District of New York. Use of the Platform is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section. If you are accepting these Terms of Use on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York (excluding choice of law).

11. Notice

Where Ahoi requires that you provide an e-mail address, you are responsible for providing Ahoi with your most current e-mail address. In the event that the last e-mail address you provided to Ahoi is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terns, Ahoi’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Ahoi by sending an email to legal@ahoimate.com. Such notice shall be deemed given on the next business day after such e-mail is actually received by Ahoi.

12. Other terms

You may not assign these Terms without Ahoi’s prior written approval. Ahoi may assign these Terms and rights granted hereunder without your consent to: (a) a subsidiary or affiliate; (b) an acquirer of Ahoi's equity, business or assets; or (c) a successor by merger. Any purported assignment by you in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Ahoi or any third party as a result of these Terms or use of the Platform. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Ahoi’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Ahoi in writing. 

13. Updates

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through the Platform, or updating the date at the top of these Terms. Unless we say otherwise in our notice to you, the amended Terms will be effective immediately and your continued access to and use of the Platform after Ahoi provides such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using the Platform.