Effective Date: December 30, 2024
Thank you for using AskAiko!
These Terms of Use apply to your use of AskAiko and Resurgam Technology's other services for individuals, along with any associated software applications and websites (all together, "Services"). These Terms form an agreement between you and Resurgam Technology, a Philippine Technology company, and they include our Service Terms and important provisions for resolving disputes through arbitration. By using our Services, you agree to these Terms.
Our Privacy Policy explains how we collect and use personal information. Although it does not form part of these Terms, it is an important document that you should read.
Resurgam Technology is a leading technology company specializing in the research, development, and deployment of artificial intelligence (AI) solutions. Our mission is to advance AI technologies and harness their transformative potential across various sectors, including organizations, governments, research institutions, and individual consumers.
Ask Aiko is an innovative AI assistant developed by Nick Barellano, designed to simplify life by providing quick answers, completing tasks, and offering assistance whenever needed. With a focus on responsiveness, intelligence, and user-friendly capabilities, Aiko is a personal assistant that aims to enhance efficiency and problem-solving for Filipinos. For more information about Ask Aiko, please visit https://askaiko.com/about.
Minimum age. You must be at least 13 years old or the minimum age required in your country to consent to use the Services. If you are under 18 you must have your parent or legal guardian's permission to use the Services.
Registration. You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.
What You Can Do. Subject to your compliance with these Terms, you are permitted to access and use our Services. In doing so, you must adhere to all applicable laws and regulations in your jurisdiction.
What you cannot do. You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not:
Software. Our Services may allow you to download software, such as mobile applications, which may update automatically to ensure you're using the latest version. Our software may include open source software that is governed by its own licenses that we've made available to you.
Corporate domains. If you create an account using an email address owned by an organization (for example, your employer), that account may be added to the organization's business account with us, in which case we will provide notice to you so that you can help facilitate the transfer of your account (unless your organization has already provided notice to you that it may monitor and control your account). Once your account is transferred, the organization's administrator will be able to control your account, including being able to access Content (defined below) and restrict or remove your access to the account.
Third party Services. We may utilize third-party vendors to enhance the functionality of AskAiko. These vendors include, but are not limited to:
These third-party services may collect and process personal data as described in their respective privacy policies. We take necessary steps to ensure that all third-party vendors comply with applicable data protection regulations to safeguard your information.
Feedback. We appreciate your feedback, and you agree that we may use it without restriction or compensation to you.
Your content. You may provide input to the Services ("Input"), and receive output from the Services based on the Input ("Output"). Input and Output are collectively "Content." You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services.
Ownership of content. As between you and Resurgam Technology, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.
Similarity of content. Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services. Our assignment above does not extend to other users' output or any Third Party Output.
Our use of content. We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe.
Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts.
When you use our Services you understand and agree:
We and our affiliates own all rights, title, and interest in and to the Services.
Billing. If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You're responsible for all applicable taxes, and we'll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.
Cancellation. You can cancel your paid subscription at any time. Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights.
Changes. We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days' notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.
Termination. You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine:
We also may terminate your account if it has been inactive for over a year and you do not have a paid account. If we do, we will provide you with advance notice.
Appeals. If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting us at rd@resurgamtechnology.com.
We may decide to discontinue our Services, but if we do, we will give you advance notice and a refund for any prepaid, unused Services.
OUR SERVICES ARE PROVIDED "AS IS." EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.
RESURGAM TECHNOLOGY'S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.
If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys' fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.
YOU AND RESURGAM TECHNOLOGY AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
MANDATORY ARBITRATION. You and Resurgam Technology agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed (a "Dispute"), through final and binding arbitration.
Informal dispute resolution. We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending us notice through rd@resurgamtechnology.com. We will do so by sending you notice to the email address associated with your account. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.
Arbitration Forum. In the event that the Dispute cannot be resolved amicably, either party may initiate arbitration with the Philippine Dispute Resolution Center, Inc. (PDRCI) in accordance with its Arbitration Rules. The arbitration shall be conducted in accordance with the applicable rules and procedures of the PDRCI. The prevailing party shall not be entitled to recover attorneys' fees and costs unless the arbitrator determines that the claim of the other party is manifestly frivolous. The activities described in these Terms involve interstate commerce, and the Arbitration Law of the Philippines, including the Civil Code of the Philippines and the relevant provisions of Republic Act No. 9285 (Alternative Dispute Resolution Act of 2004), shall govern the interpretation and enforcement of these arbitration terms and any arbitration proceedings.
Arbitration Procedures. The arbitration shall be conducted via videoconference, whenever feasible. If the arbitrator determines that an in-person hearing is necessary, the location shall be mutually agreed upon by the parties, and the hearing shall take place in the county of your residence, or at such other location as determined by the arbitrator, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator, who shall either be a retired judge or an attorney licensed to practice law in the Philippines. The arbitrator shall have exclusive authority to resolve any Dispute, except that the courts of appropriate jurisdiction in the Philippines shall have the authority to determine any Dispute concerning the enforceability or validity of the class action waiver, or any request for public injunctive relief, as specified below. Any settlement offer made by either party shall not be disclosed to the arbitrator until after the arbitrator renders the final award, if applicable. The arbitrator shall have the authority to rule on motions dispositive of all or part of any Dispute.
Exceptions. This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation.
CLASS AND JURY TRIAL WAIVERS. You and Resurgam Technology agree that any Disputes shall be resolved on an individual basis only and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative action. Class arbitration, class actions, and representative actions are strictly prohibited. Only individual relief may be sought. The parties agree to sever and pursue in court any request for public injunctive relief following the completion of arbitration for the underlying claim and all other claims. This provision does not preclude either party from participating in a class-wide settlement. You and Resurgam Technology knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim under the laws of the Republic of the Philippines.
Batch Arbitration. If 25 or more claimants, represented by the same or similar counsel, file demands for arbitration raising substantially similar Disputes within 90 days of each other, you and Resurgam Technology agree that the Philippine Dispute Resolution Center, Inc. (PDRCI) will administer them in batches of up to 50 claimants each ("Batch"), unless there are fewer than 50 claimants in total, in which case the claims will be grouped into a single Batch. PDRCI will administer each Batch as a single consolidated arbitration with one arbitrator, a single set of arbitration fees, and one hearing conducted by videoconference or at a location determined by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, that part will be severed and the claims will be arbitrated in individual proceedings.
Severability. If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.
If you believe that your intellectual property rights have been infringed, please send notice to the address below or fill out this form. We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate.
RESUGRAM TECHNOLOGY
rd@resugramtechnology.com
Attn: General Counsel / Copyright Agent
Written claims concerning copyright infringement must include the following information:
Assignment. You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.
Changes to these Terms or our Services. We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services due to:
We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you either via email or an in-product notification. All other changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must stop using our Services.
Delay in enforcing these Terms. Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.
Trade Controls. You are required to comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any country or territory subject to an embargo, or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input must not include any material or information that requires a government license for release or export under such laws.
Entire agreement. These Terms contain the entire agreement between you and Resurgam Technology regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and Resurgam Technology.
Jurisdiction and Venue. The courts of Tagaytay City, Cavite, Philippines shall have exclusive jurisdiction over any disputes arising from or in connection with these Terms.
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict of laws principles. Except as provided in the dispute resolution section above, all claims arising out of or relating to these Terms shall be brought exclusively in the appropriate courts of Tagaytay City, Cavite, Philippines.