If you live in the United States or if your principal place of business is in the United States, you are agreeing to the a-OK Local. Terms of Service

a-OK  Terms Of Service
Effective: April 15, 2024

Welcome

These Terms of Service (“Terms”) outline the rules that govern our relationship with you as a user of a-OK’s products or services, including but not limited to our flagship app, any related applications, or services we offer (collectively, the “Services”). We aim to personalize your experience with our Services and provide detailed information on how they operate through these Terms, our Privacy and Safety Hub, our Support Site, and directly within our Services (like notices, consents, and settings). The information we provide is the cornerstone of these Terms.

We’ve made an effort to remove complex legal terms from these Terms, but there may still be sections that read like a traditional contract. This is intentional because these Terms constitute a legally binding agreement between you and a-OK. Therefore, we encourage you to read them thoroughly.

By using any of our Services, you accept these Terms. Upon acceptance, a-OK grants you a non-assignable, non-exclusive, revocable, and non-sublicensable license to use the Services in line with these Terms and our policies. If you disagree with these Terms, you should not use the Services.

These Terms are applicable if you reside in the United States or if your main place of business is within the United States. If you live or your principal place of business is outside the United States, the Services are provided by a-OK International, and your relationship with us is subject to the a-OK International Terms of Service.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. YOU AND SNAP AGREE THAT, EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND SNAP WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS EXPLAINED IN THAT ARBITRATION CLAUSE.

1. Who Can Use the Services

a-OK’s services are designed to foster a community centered around kindness and positive interactions. To ensure a safe and responsible user environment, our services are not directed at children under the age of 13. To create an account and engage with the a-OK services, users must affirm that they are 13 years of age or older. In jurisdictions where the minimum age for consent to use online services without parental approval is higher than 13, that higher age applies. Should we become aware that a user is under the age of 13, or under the minimum age required in their region, we will take steps to terminate the services provided to that user, deactivate their account, and remove their personal information from our systems. Certain a-OK services may have additional age requirements, which will be clearly communicated within those specific service terms.

By using a-OK, users agree that they:

• Are capable of entering into a legally binding agreement with a-OK.
• Are not prohibited from using the services under any applicable laws, nor are they on any government list of prohibited or restricted parties.
• Are not a convicted sex offender.
• Will adhere to these Terms of Service, along with any referenced policies and guidelines, (including but not limited to our Community Guidelines, a-OK Music and Media Content Guidelines, and the Commercial Content Policy) and all applicable local, state, national, and international laws.

If the services are being used on behalf of a business or entity, the individual engaging with a-OK on behalf of the organization confirms they are authorized to do so and binds the entity to these Terms of Service. Any references to “you” in this agreement encompass both the individual user and the entity they represent. If you are using the Services on behalf of an entity of the U.S. Government, you agree to the Amendment to a-OK’s Terms of Service for U.S. Government Users.

In summary, a-OK is committed to creating an environment of kindness and is not directed to individuals under the age of 13, or the respective age of majority in your jurisdiction if higher. In the event a user does not meet the age requirement, a-OK will suspend access to the services and remove the user’s account and data. Users are encouraged to review all terms carefully as certain services may have additional requirements.

2. Rights You Grant Us

In enabling our community to share and spread kindness, a-OK allows you to create, upload, post, send, receive, and store content. Your ownership of the content you share remains with you, but by sharing it, you grant a-OK a license to use this content. The scope of this license is determined by your use of our services and your chosen settings.

When you provide content to a-OK, including content made available to the public (“Public Content”), you grant a-OK and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, transmit, and distribute your content. This is done solely to facilitate the operation, development, enhancement, and promotion of our services, as well as to research and develop new offerings. This license also extends to sharing your content with our service providers under contractual agreements for service provision.

“Public Content” refers to contributions you make to public aspects of our services, such as public posts, stories or shared items. This content, due to its nature, grants a-OK, our affiliates, other users, and our business partners a broad license to use your Public Content in various ways, including derivative works, promotion, and display, across any media or distribution methods that may be developed in the future. This includes commercial and non-commercial uses and covers all aspects of your Public Content, including any personal likeness or contributions contained therein. Importantly, you will not receive compensation for the use of your Public Content under these terms. This means, among other things, that you will not be entitled to any compensation if your content, videos, photos, sound recordings, musical compositions, name, image, likeness, or voice are used by us, our affiliates, users of the Services, or our business partners. For information about how to tailor who can watch your content, please take a look at our Privacy Policy and Support Site. All Public Content must be appropriate for people ages 13+.

We reserve the right to monitor, review, and delete any content you share via our services for any reason, including compliance with these Terms or applicable laws. However, the responsibility for the content you share remains solely yours.

Advertisements and promotional content may appear alongside or in conjunction with your content on a-OK, potentially personalized based on collected or provided information. The placement of such advertisements does not necessarily imply endorsement or affiliation.

Feedback and suggestions from our community are invaluable to us. By providing feedback, you understand that we may use your ideas and suggestions without obligation to offer compensation, and we retain ownership of any developments that arise from such feedback.

In summary, by sharing your content on a-OK, you retain ownership but provide us and others with the ability to use and promote this content as part of our mission to spread kindness. You also accept that we have rights regarding the management and use of your content, for which you hold ultimate responsibility.

3. Additional Terms for Specific Services
   At a-OK, we’re committed to creating an environment that nurtures kindness and positive interaction. To support this mission, we offer a variety of services, some of which may have additional terms and conditions that apply which are detailed in a-OK Terms & Policies. These additional terms are provided to ensure a clear understanding of the specific requirements or features of each service.

When engaging with these specific services on a-OK, such as premium subscriptions, special content features, or any other paid services we might offer (excluding advertising services), you acknowledge that these services are governed by their own set of terms, which supplement our overall Terms of Service. These additional terms are made available through our terms and policies page or directly within the services themselves.

In the event of any conflict between the additional terms for specific services and the general Terms of Service, the additional terms will take precedence with respect to your use of those services. This ensures that the specific terms that directly apply to the service you are using will always guide your interaction with that service.

In summary: Certain services within a-OK may require your agreement to additional terms. We encourage you to review these terms carefully to ensure you fully understand the commitments you are making when you choose to use these specific services. 

4. Privacy

Your privacy is a cornerstone of our mission at a-OK. We believe in fostering an environment of trust and respect, where personal information is treated with the utmost care. To fully understand how we collect, use, protect, and share your information when you use our services, we encourage you to read our Privacy Policy.

This policy outlines our practices regarding data collection, including what information we collect, how it’s used to improve your experience, and the measures we take to protect it. Our commitment to transparency ensures that you have the information needed to make informed decisions about your privacy settings and how you interact with the a-OK community.

By using our services, you acknowledge that a-OK will handle your information as described in our Privacy Policy. We regularly update our practices and policies to reflect new features, technologies, and legal requirements, so we recommend reviewing the policy periodically to stay informed about how your information is protected.

In summary: Your privacy is paramount to us. For a detailed understanding of our data practices, please consult our Privacy Policy.

5. Personalized Recommendations

At a-OK, we strive to create an engaging and meaningful experience for all our users. One way we achieve this is by offering personalized recommendations that help connect you with content, advertising, promotional content, and other information tailored to your interests. These recommendations are made possible through an understanding of your preferences and activities on our platform, as well as those of other users, enhancing the relevance and impact of the content we present to you. 

The processing of your personal information for personalization purposes is explained in detail within our Privacy Policy. It’s important for us to have this capability to not only fulfill our commitment to delivering a rich and customized experience but also to adhere to our contractual obligations to you. However, we understand the importance of choice and control when it comes to personalization.

Should you prefer a less personalized experience, options are available within our services to adjust the level of personalization you receive. For further details on how to manage these settings and understand more about personalized recommendations, we invite you to visit our Support Site.

In summary: a-OK is dedicated to delivering a personalized service experience by offering content and advertising based on the information we collect and analyze, as detailed in our Privacy Policy and further explained on our Support Site. Your control over these personalized experiences is a priority for us, and adjustments can be made to tailor the level of personalization to your preferences.

6. Content Moderation

At a-OK, we cherish the diverse voices and content our community shares, from individual users, a-OK partners, to publishers and other third parties. While we encourage expression that aligns with our mission of spreading kindness and gratitude, the content shared through our services, whether publicly posted or sent privately, remains the responsibility of the individual or entity that created it.

a-OK is committed to creating a safe and welcoming environment for all users, which is why we reserve the right to review, moderate, and, if necessary, remove content that appears on our services. However, it’s important to note that we are not able to review all content. As such, we cannot guarantee that all user-generated content will always adhere to our Terms of Service, Community Guidelines, or other policies.

To support our community in maintaining a respectful and safe environment, users have the ability to report content or accounts or content that they believe violate our guidelines or policies. Detailed information on how to report content and the steps we take once a report is received can be found on our Support Site.

We understand the impact of content moderation decisions and strive to be transparent and fair in our processes. If you disagree with a content moderation decision, we provide a process for submitting complaints or concerns through a dedicated submission form or in-app options. To ensure timely review, complaints must be submitted within six months of the decision in question.

Upon receiving a complaint, we commit to:

• Reviewing the matter diligently, fairly, and without bias.
• Reversing any decisions if further review finds them to be incorrect.
• Promptly informing you of the outcome and any potential steps for redress.

In summary: While a-OK encourages freedom of expression, we also prioritize the safety and respect of our community. Content on our services is the responsibility of its creators, but we implement moderation policies and procedures to address content that may not align with our guidelines or values.

7. Respecting the Services and a-OK’s Rights

a-OK takes pride in the unique community it has built, centered around kindness and positive interactions. The services provided by a-OK, including all associated intellectual properties such as brands, works of authorship, software, avatars, and technology, are owned by a-OK. As part of your interaction with a-OK, it’s crucial to respect these proprietary rights to ensure a harmonious environment for all users.

Adherence to a-OK’s Brand Guidelines, and any other guidelines, support pages, or FAQs published by a-OK or our affiliates is necessary to maintain the integrity and spirit of our services. Respect for our rights includes, but is not limited to, avoiding the following actions, as such behavior may lead to the suspension or termination of your access to the services:

• Misusing a-OK’s branding, logos, designs, or any proprietary content beyond the scope allowed by these Terms, Brand Guidelines, or other explicit permissions granted by a-OK.
• Infringing on the intellectual property rights of a-OK, our affiliates, or any third party, including using the service to share content that violates copyright, trademarks, or other intellectual property laws.
• Replicating, altering, or distributing any part of the service or its content without express permission, except as directly enabled by service functionality or explicitly authorized in writing by a-OK.
• Circumventing account restrictions, including creating new accounts to evade account disablement, soliciting login credentials, or engaging in account trading.
• Reverse-engineering or attempting to extract the source code of our software, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
• Employing automated systems or software to extract data from the service for commercial purposes (“scraping”), without our express written permission.
• Developing or using third-party applications that interact with our services or user data without our explicit consent.
• Engaging in actions that disrupt the service or negatively affect other users’ enjoyment of the service.
• Introducing malicious software, attempting to compromise service security, or interfering with the operational integrity of the service.
• Attempting to bypass content filtering, access unauthorized areas or features, or testing the vulnerability of our systems without authorization.
• Violating any applicable laws or regulations through the use of the services.

In summary: a-OK owns the content, features, and functionalities of our services. We have established guidelines to protect both the service and its users. Failure to adhere to these guidelines may lead to legal consequences including, but not limited to, suspension or termination of your access to a-OK.

8. Respecting Others’ Rights

At a-OK, we hold the rights of others in the highest regard and expect our users to do the same. It is paramount that the services provided by a-OK are not used in any way that infringes or violates someone else’s rights, including but not limited to rights of publicity, privacy, copyright, trademark, or other forms of intellectual property rights.

When you share content on a-OK, you affirm that you are the rightful owner of that content or have obtained all necessary permissions, licenses, and authorizations to use it. This includes securing rights for any musical works or compositions that are not originally provided by a-OK but are part of your content. By submitting content, you grant a-OK the rights and licenses outlined in these Terms.

Unauthorized use of another user’s account or content is strictly prohibited. a-OK respects copyright laws and adheres to the provisions of applicable copyright legislation, such as the Digital Millennium Copyright Act, by taking steps to quickly remove infringing content once identified. We commit to acting against users who are found to repeatedly infringe copyright by suspending or terminating their accounts.

If you believe that any content on a-OK infringes upon your copyright, we encourage you to report it to us through our designated reporting mechanism. Our process is designed to ensure that such claims are handled efficiently and in compliance with relevant copyright laws. If you are filing a report, make sure that your report complies with the requirements set forth at 17 U.S.C. § 512(c)(3)

To file a copyright infringement notice, your submission should include:

• A signature of a person authorized to act on behalf of the owner of the copyright interest.
• Identification of the copyrighted work that you claim has been infringed.
• Identification of the material that is claimed to be infringing and information reasonably sufficient to allow us to locate the material on our services.
• Your contact information, including address, telephone number, and email address.
• A statement of good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

In summary: It’s essential to ensure that you have the legal right to share any content you post on a-OK. Using content owned by others without permission could lead to the termination of your account. If you encounter content on a-OK that you believe infringes on your intellectual property rights, please do not hesitate to inform us.

9. Safety

Ensuring the safety and well-being of our a-OK community is a priority that we take seriously. While we strive to make a-OK a safe space for everyone, the nature of an open and interactive platform means that we cannot guarantee complete safety. This is where your role becomes crucial. By engaging with our services, you commit to upholding these Terms, our Community Guidelines, and any additional policies we implement, all designed to maintain the safety and integrity of the platform.

Should there be a breach of these commitments, we reserve the right to take necessary actions. This may include removing content that violates our policies, suspending or limiting account visibility, retaining data in line with our data retention policies, and, when needed, notifying and cooperating with law enforcement and other third parties to ensure the safety of our users and the public. These steps are essential for protecting our community, enforcing our Terms, and addressing any fraud or security issues.

Your physical safety is also paramount. Please engage with a-OK responsibly and in a manner that does not distract from or contravene any traffic, safety, or other laws. Specifically, refrain from using a-OK in situations where it could lead to unsafe conditions, such as while driving or in any other context where attention is required.

In summary: Our efforts to create a safe platform rely significantly on user cooperation. Adhering to our Terms, Community Guidelines, and safety policies is essential for protecting yourself and others. Always prioritize safety, especially in situations where using a-OK could lead to distraction or danger.

10. Your Account

Creating an account is your gateway to engaging with the a-OK community and accessing specific services we offer. When setting up your account, it’s imperative that you provide information that is accurate, complete, and current. You play a vital role in maintaining the security and integrity of your account, which includes safeguarding against unauthorized access and activity.

To enhance the security of your account, we strongly recommend:

• Choosing a robust password that is unique to a-OK and not used for any other online accounts.
• Activating two-factor authentication, providing an additional layer of security beyond just your password.
• Accessing and setting up an account recovery process from the a-OK app itself. 

Should you suspect or become aware of any unauthorized access to your account, it’s critical that you contact our Account Support team immediately for assistance.

Additionally, a-OK may from time to time offer software that could include automatic updates, upgrades, or new features. Depending on your device settings, these updates may download and install automatically. You have the option to manage these automatic downloads through your device’s settings preferences. a-OK users can also use a-OK’s account recovery mechanisms for account recovery. 

Please be aware that if your account has been previously removed or banned from our services, creating a new account is prohibited unless a-OK has given explicit consent for reactivation or re-creation of an account.

In summary: The security and accuracy of your account information are of utmost importance. You are responsible for any activity under your account, so please take all necessary steps to keep it secure. Unauthorized account creation, especially after a ban or removal, is against our policy.

11. Participating Outlets and Business Accounts

Participating Outlets and Businesses accounts need to adhere to further terms which are respectively outlined at Participating Participating Outlets Terms of Service  and Business Accounts Terms of Service a-OK 

12. Data Charges and Mobile Phones

Utilizing a-OK’s services on mobile devices may incur charges from your mobile service provider. These charges could include, but are not limited to, data consumption fees and costs associated with sending and receiving Messages such as SMS, MMS, or other messaging technologies. We encourage you to consult your service provider to understand any potential charges before using our services.

By registering your mobile phone number with a-OK, you consent to receive Messages from us related to our services. This may encompass communications about promotions (subject to your consent or as otherwise permitted by law), updates about your account, and other relevant information regarding your relationship with a-OK. It’s important to note that you may receive these Messages even if your mobile number is listed on any do not call registries, in accordance with legal allowances.

Should there be any change or deactivation of your mobile phone number, it is crucial to update your account details in the a-OK settings within 72 hours. This step is necessary to avoid misdirected communications that were intended for you.

In summary: Be aware of potential mobile charges when using a-OK, and understand that by providing your mobile number, you agree to receive important Messages from us. Keep your contact information up to date to ensure you receive our communications directly.

13. Third-Party Materials and Services

In our pursuit to enhance your experience, a-OK may display, include, or offer access to content, data, information, applications, features, or materials from third parties (“Third-Party Materials”), as well as links to third-party websites, or the ability to use third-party services in conjunction with our Services. When interacting with any Third-Party Materials or services through a-OK (including those that a-OK may co-offer with third parties), the terms and conditions of these third parties will govern your use of those materials or services.

It’s important to understand that a-OK, along with our affiliates, does not endorse, assume liability for, or take responsibility for any Third-Party Materials or services, including but not limited to their content, accuracy, completeness, timeliness, legality, or any other aspect. Our integration or provision of Third-Party Materials and services is for your convenience only, and does not imply any endorsement or recommendation by a-OK.

By using our Services, you acknowledge and agree that a-OK is not responsible for examining or evaluating the content or accuracy of any Third-Party Materials or websites. We bear no liability or responsibility for any third-party services, Third-Party Materials, third-party websites, or any other materials, products, or services offered by third parties.

In summary: a-OK is not liable for third-party offerings integrated with or connected to our Services. We encourage you to review the terms and conditions of any third-party materials or services you choose to interact with.

14. Modifying the Services and These Terms

As a-OK continues to grow and evolve, so too will our Services. Our commitment to enhancing your experience means we are constantly working on introducing new features, improving existing functionalities, and sometimes, discontinuing aspects of our Services. These changes may occur at any time and without prior notice, as we strive to adapt, innovate, and meet the diverse needs of our community.

Similarly, our Terms of Service may also need revisions to accurately reflect changes in our Services, legal and regulatory requirements, or other factors that necessitate an update for legal or security reasons. Should there be material changes to these Terms, we aim to provide you with reasonable advance notice, except in cases where immediate changes are required by law or for the timely introduction of new services and features.

Your continued use of a-OK’s Services after any such changes signifies your acceptance of these updates. We encourage you to review the Terms periodically to stay informed of any changes that may affect your use of the Services.

In summary: The nature of our Services and the governing Terms are subject to change as a-OK evolves. Updates to these Terms will be communicated as needed, and your continued use of the Services will be considered acceptance of those changes.

15. Termination and Suspension

We value each member of our a-OK community and hope you’ll find value and positivity in our services for a long time. However, we understand that circumstances change. If you find that you disagree with changes made to these Terms or for any other reason wish to leave a-OK, you may terminate your agreement with us at any time by deleting your a-OK account.

Conversely, a-OK reserves the right to restrict, terminate, or temporarily suspend your access to our services if there is a failure to comply with these Terms, our Community Guidelines, applicable laws, or due to circumstances beyond our control. This could result in us terminating these Terms, ceasing to provide you with all or part of our services, or imposing new or additional limitations on your use of our services. For instance, we may deactivate your account after a prolonged period of inactivity or reclaim your username for any reason. While we aim to notify you in advance of such actions, there may be situations where prior notice isn’t feasible.

If access is restricted, terminated, or suspended due to violations of our Community Guidelines, we will notify you and offer an opportunity to appeal the decision. Our approach to these decisions will consider the entirety of the circumstances, including the nature and gravity of any violations, their frequency, impact, and the intent behind them, to determine the appropriate course of action. For more information on how we handle violations and the potential for reinstatement, please visit our Support Site.

Should these Terms be terminated by either you or a-OK, certain provisions outlined in Sections 2, 3 (to the extent they are meant to survive termination), and 6 – 24 will remain in effect.

In summary: You are free to terminate your use of a-OK’s services and delete your account at any time for any reason. a-OK also holds the right to restrict or terminate your access based on non-compliance or other specified reasons. In most cases, you will be notified of such decisions and have the opportunity to appeal.

16. Indemnity

By engaging with the a-OK community and utilizing our services, you agree, to the fullest extent allowed by law, to indemnify, defend, and hold harmless a-OK, our affiliates, directors, officers, shareholders, employees, licensors, and agents from any and all legal claims, complaints, charges, damages, losses, costs, liabilities, and expenses (including legal fees) that arise from or relate to your use of a-OK. This includes, but is not limited to, any issues stemming from:

(a) Your access to or use of the Services, including any products or services offered by third parties through a-OK, even if those third-party offerings are endorsed, recommended, or approved by us.

(b) The content you create, share, or otherwise contribute to the Services, particularly in cases where your content is subject to claims of copyright infringement or other intellectual property rights issues.

(c) Any breach on your part of these Terms, applicable laws, or regulations.

(d) Any actions on your part that are negligent or constitute willful misconduct.

It is our hope that such situations never arise. However, this indemnity clause is a necessary provision to ensure that the responsibilities and potential liabilities of using a-OK are clearly understood and agreed upon by all users.

In summary: You agree to compensate a-OK if your actions lead to legal claims against us, whether it’s due to how you use the services, the content you share, a breach of these Terms, or your negligence or intentional misconduct.

17. Disclaimers

At a-OK, we are committed to providing a platform that encourages kindness and positivity. We work tirelessly to ensure that our services are available, functional, and as free from annoyances as possible. However, the reality of providing an online service means that we cannot guarantee perfection in every aspect.

THE SERVICES ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY US. THIS INCLUDES, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO OUR BEST TO CREATE A VALUABLE USER EXPERIENCE, BUT WE MAKE NO PROMISES THAT:

(A) THE SERVICES WILL BE SECURE, ERROR-FREE, OR TIMELY AT ALL TIMES.

(B) THE SERVICES WILL OPERATE WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS.

(C) THE CONTENT OR INFORMATION YOU FIND OR RECEIVE ON OR THROUGH THE SERVICES, INCLUDING USER CONTENT, WILL ALWAYS BE ACCURATE, TIMELY, OR RELIABLE.

WE, ALONG WITH OUR AFFILIATES, ARE NOT RESPONSIBLE FOR AND DO NOT ASSUME LIABILITY FOR CONTENT GENERATED BY USERS OR THIRD PARTIES. BY USING a-OK, YOU MAY ENCOUNTER CONTENT THAT COULD BE OFFENSIVE, HARMFUL, INACCURATE, OR OTHERWISE UNSUITABLE. WE DO NOT ENDORSE, SUPPORT, REPRESENT, OR GUARANTEE THE COMPLETENESS, TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY CONTENT POSTED VIA THE SERVICES, NOR DO WE ENDORSE ANY OPINIONS EXPRESSED VIA THE SERVICES. YOU USE THE SERVICES AT YOUR OWN RISK.

In summary: a-OK strives to provide a reliable and enriching service, but there are no guarantees regarding the uninterrupted use or the integrity of content within the service. We do not accept liability for user-generated content or the behavior of third parties.

18. Limitation of Liability

In the spirit of fostering a positive and safe community, a-OK endeavors to offer a platform that enriches your life. Nonetheless, it’s important to understand that certain aspects of our service and the actions of users are beyond our control. The limitation of liability is:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, a-OK, INCLUDING ITS MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS, DISCLAIMS ALL LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUES, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICE, THE INABILITY TO USE THE SERVICES, FROM THE ACTIONS OR CONTENT OF OTHER USERS OR THIRD PARTIES, OR UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR TRANSMISSIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT a-OK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL a-OK’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID TO a-OK IN THE LAST TWELVE MONTHS.

In summary: Our liability in situations involving your use of a-OK, the actions of others, or unauthorized use of your content is limited. While we strive to provide a safe and valuable service, our financial liability to you is capped at a predetermined amount.

19. Arbitration, Class-Action Waiver, and Jury Waiver

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS TO LEGAL RECOURSE.

1. Applicability of Arbitration Agreement: You and a-OK agree to resolve any claims or disputes arising out of or related to these Terms or the Services through binding arbitration, excluding claims within small claims court’s jurisdiction, claims seeking only injunctive relief, and disputes over the alleged unlawful use of intellectual property. This agreement to arbitrate includes any disputes existing between us prior to the acceptance of these Terms and extends to the arbitrability of claims itself.
2. Informal Dispute Resolution: Prior to arbitration, we encourage direct resolution of disputes. Should you have a dispute, please send a detailed description to a-OK at [Your Company’s Address or designated contact], Flagstaff, Arizona. If a resolution is not reached within 60 days, arbitration may be initiated.
3. Arbitration Rules: The Federal Arbitration Act governs the interpretation of this provision. Arbitration will be administered by [Chosen Arbitration Service], in accordance with their rules, by a single arbitrator. Claims under $10,000 may be resolved through non-appearance-based arbitration.
4. Fees: The initiating party is responsible for the arbitration filing fee, with a-OK committing to pay any differential should court filing fees be less expensive. Administrative fees are shared unless otherwise dictated by the arbitrator.
5. Authority of Arbitrator: The arbitrator will determine the rights and liabilities, if any, of you and a-OK, with no authority to consolidate claims or involve other parties. The arbitrator’s decision will be final and binding.
6. Waivers: By agreeing to arbitration, both parties waive the right to a trial by jury and to participate in class actions. Disputes will be resolved individually.
7. Opt-out: You have the option to opt-out of this Arbitration Agreement within 30 days of agreeing to these Terms by sending a written notice to a-OK at [Designated Address or Email for Opt-outs], explicitly stating your decision to opt out.
8. Survival: This Arbitration Agreement will survive the termination of your relationship with a-OK.

In summary: By using our Services, you agree to resolve disputes through arbitration on an individual basis, foregoing the right to participate in class actions or jury trials, unless you opt out as described.

20. Exclusive Venue

To the extent that these Terms allow you or a-OK to initiate litigation in a court, both you and a-OK agree that, except for claims that may be brought in small claims court, all claims and disputes arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the District of Arizona. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the state courts located in Coconino County, Arizona. You and a-OK consent to the personal jurisdiction of both courts.

21. Choice of Law

Except to the extent they are preempted by U.S. federal law, the laws of the State of Arizona, excluding its conflict-of-laws rules, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter. This choice of law provision is designed to ensure a consistent legal framework for interpreting, enforcing, and resolving any issues that arise in connection with these Terms.

22. Severability

Should any part of these Terms be determined to be legally invalid or unenforceable by a court of competent jurisdiction, such provision will be modified by the court and interpreted in a way to best accomplish the original provision to the fullest extent permitted by law. If such modification is not possible, the invalid or unenforceable provision will be severed from these Terms. This will not affect the validity and enforceability of any remaining provisions, which will remain in full force and effect.

23. Arizona Residents

If you are an Arizona resident, in accordance with Arizona state consumer protection laws, you may report complaints to the Consumer Information and Complaints unit of the Arizona Attorney General’s Office. You can contact them in writing at 2005 N Central Ave, Phoenix, AZ 85004, or by telephone at (602) 542-5763 (Phoenix), (520) 628-6504 (Tucson), or toll-free outside of metro Phoenix, (800) 352-8431.

24. Final Terms

This agreement, including any additional terms or policies referenced in Section 3, constitutes the entire agreement between you and a-OK, superseding any prior understandings or agreements. The provisions contained herein do not create or confer any rights on third-party beneficiaries.

The failure by a-OK to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. We reserve the right to assign our rights and obligations under these Terms, ensuring that any successor or assigning entity will honor the commitments made in these Terms. Your rights or obligations under these Terms cannot be transferred or assigned without a-OK’s explicit consent.

All rights not explicitly granted to you in these Terms are reserved by a-OK. For clarity and convenience, we have included summaries within these Terms; however, these summaries are for reference only, and the complete text of the Terms should be reviewed to fully understand your rights and obligations.

25. Contact Us

a-OK values your feedback, questions, concerns, and suggestions. We are committed to continuous improvement and appreciate your input. To get in touch with us for support or any inquiries, please use our contact form on the a-OK website or reach out directly through the contact methods provided there.

a-OK is based in the United States, located at [Your Company Address], Flagstaff, Arizona.

a-OK International Terms Of Service
Effective: April 15, 2024

* To be added Later