Terms of Use
Last Updated: January 5, 2026
1. Introduction and Acceptance of Terms
1.1 Welcome to Aiino AI!
"Welcome! We are excited to have you and your child join the Aiino AI community. Our app, provided by Nomisma LLC, a California limited liability company with its principal place of business at 33438 13th St, Union City, California 94587 ("we," "us," "our"), is a play-based learning application designed for children between the ages of 3 and 9. IMPORTANT: Aiino is currently available in select countries. We do not offer services in certain jurisdictions. Please see our Geographic Availability page for the complete list of supported and restricted regions."
This document is a legally binding agreement between you, the parent or legal guardian ("you"), and Nomisma LLC. It governs your family's access to and use of the Aiino AI mobile application, our website, and any related services (collectively, the "Service"). By creating an account, accessing, or using our Service, you confirm that you have read, understood, and agree to be bound by these Terms of Use.
1.2 Agreement on Behalf of a Child
You represent and warrant that you are the parent or legal guardian of the child who will be using the Service and that you have the legal authority to enter into this agreement on behalf of your child.
The Service is designed for use by children, but the legal capacity to consent to these Terms and our Privacy Policy resides with the parent or legal guardian. By creating an account, providing consent for your child to use the Service, and/or paying for any subscription, you are creating a binding contract between yourself and Nomisma LLC. You hereby agree to these Terms on your own behalf and on behalf of your child.
You are solely and fully responsible for your child’s use of the Service and for their adherence to these Terms, including our Community Rules. You agree to supervise your child’s use of the Service at all times and to ensure that such use is in accordance with these Terms and all applicable laws. You acknowledge that you are responsible for any and all activity conducted through the account, and you agree to indemnify and hold Nomisma LLC harmless from any claims, damages, or liabilities arising from your child's use of the Service or their breach of these Terms.
1.3 Relationship to Privacy Policy
Your privacy is critically important to us. Our Privacy Policy, which is a separate document, is an integral part of this agreement. The Privacy Policy describes in detail what personal information we collect from you and your child, how we use and protect that information, and the rights you have concerning your data.
By agreeing to these Terms of Use, you also acknowledge that you have read, understood, and consented to the data practices described in our Privacy Policy. Please review our Privacy Policy for details regarding how we collect, process, retain, and protect your information, including text transcripts created from voice interactions. In the event of any inconsistency between these Terms and the Privacy Policy with respect to data processing, the Privacy Policy will control.
1.4 Definitions
For the purposes of these Terms of Use, the following terms have the meanings set forth below:
"Service" refers to the Aiino AI mobile application, our website (aiino.ai), and all related content, features, and services provided by Nomisma LLC.
"You" or "Parent" refers to the parent or legal guardian of a Child who is accepting these Terms.
"Child" or "User" refers to the child who uses the Service under the supervision and consent of their Parent.
"Company Content" refers to all content that is part of the Service, including but not limited to software, code, graphics, characters, music, text, and trademarks, owned by Nomisma LLC.
User-Generated Content” includes any content you or your child provides, including text, selections, drawings, and text transcripts generated from your child’s voice interactions with the Service. Aiino does not store audio recordings; only text transcripts form part of User-Generated Content.
1.5 Age Verification & Eligibility
Aiino is designed exclusively for children aged 3-9 years. We do not knowingly collect information from: • Children under 3 years of age • Children aged 10 and above (different developmental needs) • Adults for personal use (parent accounts are for supervision only) If we discover that a child outside our target age range is using the Service, we will promptly terminate their account and delete associated data. Parents must accurately represent their child's age during account creation. Misrepresentation of age may result in immediate account termination."
2. Eligibility and Verifiable Parental Consent
2.1 Who Can Use Our Service
The Aiino AI Service is designed and intended for the use of children between the ages of three (3) and Nine (9).
Use of the Service by any child requires the express, verifiable consent of their parent or legal guardian. In compliance with the U.S. Children's Online Privacy Protection Act (COPPA), we require verifiable parental consent for any user under the age of 13 residing in the United States. For users in the European Union, United Kingdom, or other regions, we require parental consent for any child under the locally-defined age of digital consent.
You are prohibited from creating an account for, or allowing the use of the Service by, any child if you are not their parent or legal guardian or if they do not fall within the intended age band.
2.2 Our Consent Process and Verifiable Parental Consent
Before a child can access the full features of our Service, a parent or legal guardian must successfully complete our parental consent and verification process. The verification method varies by region: FOR USERS IN INDIA: We use OTP (One-Time Password) verification to confirm parental consent:
• Parent/guardian provides their mobile number during consent process
• An OTP is sent to the parent's mobile number
• Parent enters the OTP to verify their identity and provide consent
• Verification is completed instantly with no charges
• Mobile numbers are stored securely and used only for verification purposes
• This is a one-time verification process FOR USERS IN OTHER REGIONS: We use credit card verification through our secure payment processor:
• A small temporary authorization charge of $0.29 USD to your credit or debit card
• Processed securely through Google Play Store and Apple Pay
• Full amount immediately refunded once verification complete (typically 24-48 hours)
• This method is approved by the US Federal Trade Commission (FTC) as a verifiable parental consent mechanism under COPPA
Verifiable Parental Consent Method:
To verify that you are a parent or legal guardian, we use credit card verification through our secure payment processor. This involves:
• A small temporary authorization charge of $0.29 USD to your credit or debit card
• This charge is processed securely through our payment partner (Google Play store and Apple Pay)
• The full amount is immediately refunded once verification is complete (typically within 24-48 hours)
• This method is approved by the Federal Trade Commission (FTC) as a verifiable parental consent mechanism under COPPA
This verification is required before your child can access AI conversation features, voice interactions, or other features that process personal information.
What You Are Consenting To:
By completing the verifiable parental consent process, you are providing explicit consent for:
1. Your child to use the Aiino Service and its features
2. Collection and processing of your child's personal information as described in our Privacy Policy
3. Your child's use of voice conversation features and the creation of text transcripts from voice input (if you enable this feature)
4. AI processing of your child's interactions for educational personalization
5. The specific data practices outlined in our Privacy Policy
Required Steps:
To complete the consent process, you must:
1. Create a parent account with your email address
2. Review and affirmatively agree to these Terms of Use and our Privacy Policy
3. Complete the credit card verification process described above
4. Provide your child's age and nickname (we encourage non-identifying names)
5. Configure privacy settings and parental controls
Verification Timeline:
• Credit card verification: Instant (you can use the app immediately after card authorization)
• You will receive email confirmation when verification is complete and the refund has been processed
For Users in India:
We use OTP (One-Time Password) verification to confirm parental consent. Here's how it works:
Parent/guardian provides their mobile number during the consent process
An OTP is sent to the parent's mobile number
Parent enters the OTP to verify their identity and provide consent
Verification is completed instantly with no charges
Security & Privacy:
OTP verification is processed through secure, encrypted channels
Mobile numbers are stored securely and used only for verification purposes
We never share your contact information with third parties
Verification is one-time only - you will not be asked to verify again
Questions or Issues: If you experience any issues with the verification process, please contact us at info@aiino.ai with subject line "Parental Consent Verification Issue."
Important: Verification is required before your child can access AI conversation features. Basic app exploration is available without verification, but personal information collection only begins after you have provided verifiable parental consent.
2.3 Parental Responsibilities
As a parent or legal guardian, You agree to supervise your child’s use of the App.” expand to:
Ensuring that all information you provide during account creation including your consent for your child’s use of voice features is accurate and up to date.
Monitoring your child’s interactions with Aiino, including reviewing text transcripts available in the Parent Dashboard (where available).
Managing your child’s permissions, transcript retention preferences, and data deletion requests as described in the Privacy Policy.
Ensuring your child's device settings allow secure use of the Service and disabling voice features if you do not consent to the creation of text transcripts.
“The Service and any AI-generated outputs are provided for general educational and entertainment purposes only. They do not constitute professional advice (including educational, medical, psychological, legal, or financial advice). You should not rely on the Service as a substitute for advice from qualified professionals.”
3. License to Use Our Service
3.1 Grant of License
Subject to your and your child's ongoing compliance with these Terms of Use, Nomisma LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use one copy of the Aiino AI application on a compatible device that you own or control.
This license is granted solely for your personal, non-commercial use, for the purpose of enabling your child to access and enjoy the educational features of the Service as intended by us. This license does not grant you any rights to use the Service for any other purpose or to otherwise use our Company Content or intellectual property, except as expressly permitted in these Terms.
3.2 Restrictions on Use
The rights granted to you in these Terms are subject to the following restrictions. You agree that you will not, and will not permit your child or any third party to:
Copy or Distribute: Copy, modify, distribute, sell, or create derivative works of the Service or any part thereof.
Rent or Lease: Rent, lease, loan, resell, sublicense, or otherwise transfer the Service to any third party.
Reverse Engineer: Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Service.
Use for Commercial Purposes: Use the Service for any commercial purpose, for the benefit of any third party, or in any manner not permitted by this license, including using the Service to provide time-sharing or similar services for any third party.
Interfere with the Service: Use any automated system, such as "bots" or "spiders," to access the Service, or take any action that imposes an unreasonable load on our infrastructure or interferes with the proper working of the Service.
Circumvent Security: Attempt to bypass, disable, damage, or otherwise interfere with any security-related features of the Service, including the parental gate or features that prevent or restrict the use or copying of any content.
Violate Laws: Use the Service for any illegal purpose or in violation of any local, state, national, or international law.
Remove Notices: Remove, alter, obscure, or delete any copyright, trademark, or other proprietary rights notices on the Service.
Geographic Circumvention: Use any VPN, proxy, or other technology to access the Service from a blocked or restricted region, or to misrepresent your location. Data Scraping: Use automated tools to extract, scrape, or harvest data from the Service, including AI-generated content, user profiles, or system responses. Account Sharing: Share login credentials with anyone other than the parent/guardian who created the account, or create accounts on behalf of children for whom you are not the legal guardian.
Attempting to extract, reverse engineer, or misuse AI model responses, transcript data, or any system behavior in ways inconsistent with normal child-focused use.
3.3 Updates to the Service
We reserve the right to modify, enhance, or update the Service at any time in our sole discretion. These updates may include bug fixes, new features, or changes that add, modify, or remove existing functionalities. Such updates may be downloaded and installed automatically without providing you with separate notice.
You acknowledge and agree that we have no obligation to provide any specific updates or to continue to provide or enable any particular features or functionality of the Service. Your continued use of the Service following any update will constitute your acceptance of the Service as updated.
3.4 AI and Voice Features
AI Model Limitations: Our AI system is trained to provide age-appropriate, educational content. However, AI technology may occasionally produce unexpected, inaccurate, or contextually inappropriate responses. Parents should review interactions and report any concerning content immediately. The AI does not provide professional advice of any kind, including medical, psychological, educational, or therapeutic guidance
4. Community Rules and Prohibited Conduct
4.1 Our Commitment to Safety
Aiino AI is designed to be a safe, positive, and enriching environment for every child. We are committed to upholding the highest standards of safety and well-being, in line with principles such as those found in the UK Children's Code. The well-being of our young users is our highest priority.
We expect all users children and parents alike to contribute to this positive community by interacting respectfully and responsibly within the Service. These community rules are designed to ensure that every user has a safe and enjoyable experience.
4.2 Prohibited Actions
To maintain a safe and positive environment, you agree that you will not allow or encourage your child to engage in any of the following prohibited actions:
Bullying and Harassment: Engaging in any form of bullying, harassment, intimidation, threatening behavior, or personal attacks.
Sharing Personal Information: Attempting to post, share, or solicit personally identifiable information from other users, such as full names, addresses, phone numbers, email addresses, or school names.
Hateful or Inappropriate Conduct: Using hateful, obscene, discriminatory, defamatory, or otherwise inappropriate language, symbols, or content.
Cheating or Exploitation: Attempting to cheat, exploit bugs or glitches in the Service, or otherwise use the app in an unfair or unauthorized manner to gain an advantage.
Uploading Inappropriate Content: Uploading, creating, or sharing any content that is illegal, violent, sexually explicit, promotes self-harm, or is otherwise inappropriate for children.
Impersonation: Impersonating another person, including another user or a member of our staff.
Violation of these rules may result in the immediate suspension or termination of your account, at our sole discretion.
4.3 Reporting Violations
We encourage parents to report any content or behavior they believe violates these community rules or is otherwise inappropriate. If you or your child encounter any violations, please contact us immediately at info@aiino.ai with a description of the issue. We take all reports seriously and will investigate and take appropriate action, which may include removing content or suspending or terminating the responsible user's account.
4.4 Enforcement and Consequences
Violations of our Community Rules may result in: First Violation: Warning notification to parent account with explanation of violation Second Violation: Temporary suspension (7-30 days) with mandatory parent review before reactivation Third Violation or Serious Single Violation: Permanent account termination Serious violations include, but are not limited to: • Any content or behavior that endangers child safety • Sharing personally identifiable information • Circumventing parental controls or safety features • Repeated harassment or bullying • Any illegal activity We reserve the right to skip progressive discipline and immediately terminate accounts for serious violations. Enforcement decisions are final and at our sole discretion. Terminated users may not create new accounts.
5. In-App Purchases and Subscriptions
5.1 Pricing and Payment Methods
Subscription pricing is displayed in your local currency during checkout. We accept: • Credit and debit cards (via Apple Pay and Google Pay) • App store credit and gift cards • Carrier billing (where available through your app store) For users in India: Additional payment methods may be available including UPI, net banking, and digital wallets through your app store's payment system. All transactions are processed by Apple or Google according to their payment terms. Currency conversion rates (if applicable) are determined by your payment provider.
5.2 Parental Gate Requirement
To protect against unauthorized purchases by children, a neutral, age-appropriate parental gate must be successfully completed before any in-app purchase or subscription can be initiated. This gate is a task designed to be easily solvable by an adult but difficult for a young child, ensuring that the account holder is the one authorizing the transaction. This is a mandatory requirement for apps in the Apple Kids Category and a best practice we adhere to for all platforms.
5.3 Subscription Terms, Auto-Renewal, and Cancellation
Your subscription will automatically renew at the end of each billing period (e.g., monthly) unless it is canceled. Subscriptions are billed in advance on a recurring basis. To avoid being charged for the next billing period, you must cancel your subscription at least 24 hours before the end of the current period.
Deleting the Aiino AI app from your device will not cancel your subscription. You must cancel your subscription through the subscription management settings of the platform where you made the purchase.
To manage or cancel your subscription, please follow the instructions for your platform:
For Apple App Store Purchases: You can manage and turn off auto-renewal by going to your device's Account Settings after purchase. For more information, please review Apple's support documentation.
For Google Play Store Purchases: You can manage and turn off auto-renewal by visiting play.google.com and navigating to the "My Subscriptions" section in your correct Google Account. Select the Aiino AI subscription and click "Manage" to cancel.
Pre-Purchase Disclosure:
Before completing any subscription purchase, you will be clearly shown:
• The full subscription price (e.g., "$9.99 per month")
• The billing frequency (monthly)
• The date of your first charge
• That the subscription automatically renews unless cancelled
• How to cancel your subscription
• A link to our Terms of Service and Privacy Policy
You must affirmatively agree to these terms before the purchase is completed.
Restore Purchases:
If you delete and reinstall the Aiino app, or use the app on a new device, you can restore your active subscription:
• Open the app
• Go to Settings > Subscriptions
• Tap "Restore Purchases"
• Your subscription will be verified and restored at no additional charge
Free Trial Terms (if applicable):
If we offer a free trial period for new subscribers:
• The trial duration will be clearly stated (e.g., "7-day free trial")
• You will be shown the exact date your paid subscription begins
• You will receive a reminder notification 3 days before trial ends
• You can cancel during the trial period without being charged
• Cancel at least 24 hours before trial ends to avoid charges
• If you do not cancel, your paid subscription begins automatically
For any questions about subscriptions or billing, contact us at info@aiino.ai.
5.4 No Manipulative Tactics
We are committed to fair and transparent commercial practices. The Service will not use "overly aggressive commercial tactics," undue pressure, or emotionally manipulative methods to encourage children to make a purchase, in line with Google Play's policies. Our goal is to provide clear value and a positive experience, not to exploit or mislead our young users.
5.5 Refund Policy
All purchases made through the Apple App Store or Google Play Store are subject to their respective refund policies. Refund requests must be directed to the platform where you made the purchase: Apple App Store Refunds: Visit reportaproblem.apple.com or contact Apple Support Google Play Store Refunds: Visit play.google.com/store/account or contact Google Play Support Nomisma LLC does not directly process payments and therefore cannot issue refunds. However, we will cooperate with app store refund investigations. For users in India: You may also have additional consumer protection rights under the Consumer Protection Act, 2019. Contact us at info@aiino.ai if you believe you are entitled to a refund under Indian law, and we will work with you and the app store to resolve the matter. Exceptions: We may provide refunds in the following circumstances at our discretion: • Technical failures preventing access to paid features for more than 7 days • Unauthorized purchases by children that bypassed our parental gate (must be reported within 7 days) • Service discontinuation or major feature removal
6. User-Generated Content
6.1 Your Child's Creations
Our Service may allow your child to generate content, such as through voice conversations with our AI ("User-Generated Content"). You and your child retain all intellectual property rights to the original content your child creates. We do not claim any ownership rights to your child's creations.
In order for us to operate and provide the Service, you grant Nomisma LLC a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, display, and perform the User-Generated Content created by your child. This license is strictly limited to: • Operating and providing the Service to you and your child • Personalizing your child's educational experience • Analyzing usage patterns to improve features (using aggregated, anonymized data only) • Complying with legal obligations • Ensuring safety and preventing abuse IMPORTANT LIMITATIONS: • We do NOT use your child's content for advertising or marketing • We do NOT sell or license your child's content to third parties • We do NOT use conversation transcripts to train external third-party AI models • We may use anonymized, aggregated data (that cannot identify your child) to improve Aiino's internal AI systems You retain all ownership rights to your child's original creations. This license does not transfer ownership to us."
6.3 Our Right to Moderate
While we are not obligated to monitor User-Generated Content, we reserve the right to review, screen, and remove any content at any time and for any reason, without notice. We may remove any content that we believe, in our sole discretion, violates these Terms of Use, our Community Rules, or is otherwise objectionable or harmful to our users or the Service.
We welcome feedback, comments, and suggestions for improving our Service. If you or your child provide us with any feedback, you agree that we are free to use, modify, and incorporate such feedback for any purpose, without any obligation to you. You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to any and all intellectual property rights in the feedback you provide.
Parents are responsible for reviewing their child’s conversation transcripts and reporting any concerns to Aiino.
7. Our Intellectual Property
7.1 Ownership of the Service
You acknowledge and agree that the Service and all materials therein, including, without limitation, the software, code, graphics, characters, music, text, and all other content and materials ("Company Content"), are the exclusive property of Nomisma LLC and its licensors.
The Service and Company Content are protected by copyright, trademark, and other intellectual property laws of the United States and foreign countries. Except for the limited license granted to you in Section 3, your use of the Service does not grant you any ownership rights or any other rights, title, or interest in or to the Company Content. You agree not to use, copy, or distribute any of the Company Content other than as expressly permitted herein.
Voice-to-text processing may rely on third-party device-level speech recognition technologies (e.g., Apple or Google). These providers may process audio locally on the device. Aiino never receives audio recordings.
7.2 Trademarks
The "Aiino AI" name, the Aiino AI logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Nomisma LLC or its affiliates or licensors. You must not use such marks without the prior written permission of Nomisma LLC. All other names, logos, product and service names, designs, and slogans on this Service are the trademarks of their respective owners.
7.3 Copyright Infringement (DMCA Policy)
We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond to notices of alleged copyright infringement that comply with applicable law.
If you are a copyright owner and believe that any content on the Service infringes upon your copyrights, you may submit a notification to our Copyright Agent at info@aiino.ai with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material.
Your contact information, including your address, telephone number, and an email address.
A statement that you have a good faith belief that 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.
We reserve the right to remove any content alleged to be infringing without prior notice and at our sole discretion. We may also terminate a user's account if they are determined to be a repeat infringer.
8. Account Termination and Deletion
8.1 Termination by Us
We reserve the right to suspend or terminate your account at any time, without prior notice or liability, for any reason whatsoever, including without limitation if you or your child breach these Terms of Use.
Specifically, we may terminate or suspend your account immediately if we believe, in our sole discretion, that you or your child have:
Violated these Terms, our Privacy Policy, or our Community Rules.
Engaged in illegal, fraudulent, or abusive activity.
Posed a risk to the safety or well-being of other users or the integrity of our Service.
8.2 Deletion by You (Parental Right)
After "Data Retention After Deletion" paragraph, add: "Download Your Data Before Deletion: Before requesting account deletion, you may download a copy of your child's data: • Go to Settings > Privacy > Download My Data • We will prepare a downloadable file within 48 hours • The file includes: conversation transcripts, progress data, and account information • Data is provided in JSON format for easy portability This allows you to preserve your child's learning history and creations before permanent deletion."
How to Delete Your Account:
1. In-App Deletion (Primary Method):
• Open the Aiino app
• Go to Settings > Account > Delete Account
• Complete parental verification (to ensure request is from parent)
• Type "DELETE" to confirm
• Your account will be immediately deactivated
2. Email Request (Alternative Method):
• Email us at info@aiino.ai with "Account Deletion Request" in subject line
• Include the email address associated with your account
• We will verify your identity as the parent or guardian
• Account will be deleted within 7 business days of verification
What Happens When You Delete:
• All account data is immediately deactivated
• Personal information is permanently deleted from our active systems within 30 days
• Backups are purged within 90 days
• You will receive confirmation email when deletion is complete
• This action cannot be undone
Data Retention After Deletion:
We may retain certain anonymized, aggregated data for legal compliance and service improvement purposes. This data cannot be linked back to you or your child.
8.3 Effect of Termination
Upon termination or deletion of your account, your right to use the Service will immediately cease. You will no longer have access to the account, including any User-Generated Content or other data associated with it.
All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Termination of your account does not relieve you of any payment obligations that may have accrued prior to termination.
8.4 No Professional Advice
We do not guarantee the accuracy, completeness, or appropriateness of AI-generated outputs or transcript interpretations. You are responsible for supervising and contextualizing your child’s use of the Service.
9. Disclaimers and Limitation of Liability
9.1 "As Is" Service
The service is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. to the fullest extent permitted by applicable law, nomisma llc disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
we do not warrant that the service will be uninterrupted, secure, or error-free; that defects will be corrected; or that the service is free of viruses or other harmful components. you use the service at your own risk.
Upon termination, we will delete text transcripts associated with your account in accordance with our Privacy Policy and retention schedules.
9.2 No Guarantee of Educational Outcomes
While the Aiino AI Service is designed to be an engaging and educational tool, we do not make any representations or warranties regarding the educational outcomes or benefits your child may achieve from using the Service. Each child's learning experience is unique, and we do not guarantee any specific results, such as improvements in academic performance or developmental milestones.
9.3 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOMISMA LLC, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NOMISMA LLC EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
9.4 Indemnification
You agree to defend, indemnify, and hold harmless Nomisma LLC, its affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your or your child's use of and access to the Service; (ii) your violation of any term of these Terms of Use; or (iii) your child's User-Generated Content.
9.5 Statute of Limitations
You agree that any claim or cause of action arising out of or related to the use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred, except where prohibited by law. In jurisdictions that do not permit contractual shortening of the statute of limitations, the applicable statutory period shall apply."
9.6 State-Specific Limitations
Some jurisdictions do not allow certain limitations on implied warranties or the exclusion/limitation of certain damages. If you reside in such a jurisdiction, some of the above limitations may not apply to you. For California Residents: You have specific rights under California law that cannot be waived, including rights under the California Consumer Privacy Act (CCPA). See Section 12 for details. For New Jersey Residents: New Jersey law does not permit certain limitations on liability for consumer contracts. The limitations in Section 9.3 do not apply to New Jersey residents to the extent prohibited by state law. For users in India: Nothing in these Terms limits your statutory rights under the Consumer Protection Act, 2019 or the Information Technology Act, 2000.
10. General Provisions
10.1 Changes to These Terms
We reserve the right, in our sole discretion, to modify or replace these Terms of Use at any time. If we make changes that are material, we will provide you with reasonable notice prior to the changes taking effect. What constitutes a material change will be determined at our sole discretion.
We will notify you of material changes by sending an email to the parent's email address associated with the account or by posting a notice within the Service. Your continued use of the Service after the effective date of the revised terms constitutes your acceptance of the changes.
10.2 Enhanced Arbitration Provision
Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration Process: • One neutral arbitrator will be selected according to AAA rules • Arbitration will be conducted remotely via video conference unless both parties agree to in-person hearing • Arbitration location (if in-person): Wyoming or your county of residence, at your choice • Each party bears their own attorneys' fees unless the arbitrator awards fees to the prevailing party • The arbitrator's decision is final and binding, with very limited appeal rights • Either party may seek emergency injunctive relief in court pending arbitration Small Claims Exception: Either party may bring an individual action in small claims court instead of arbitration if the claim qualifies. Opt-Out Right: You may opt out of this arbitration provision by sending written notice to info@aiino.ai within 30 days of accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other terms."
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY AS IT REQUIRES YOU TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
You and Nomisma LLC agree to arbitrate any dispute arising from these Terms or your use of the Service, except for disputes in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade secrets, or patents.
ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Nomisma LLC agree that you will notify each other of any dispute within thirty (30) days of when it arises and attempt informal resolution prior to any demand for arbitration. Any arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of a reputable arbitration organization as mutually agreed upon by the parties.
WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND NOMISMA LLC WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
10.3 Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Any invalid or unenforceable provision will be interpreted to effect the original intent of the parties as closely as possible.
10.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
10.5 Entire Agreement
These Terms of Use, together with our Privacy Policy, constitute the entire and exclusive understanding and agreement between you and Nomisma LLC regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and Nomisma LLC regarding the Service.
10.6 Contact Us
For questions about these Terms of Use, contact us: Nomisma LLC Attn: Legal Department - Aiino 33438 13th St Union City, California 94587 United States Phone: +1 510 565 0510 Email: info@aiino.ai Website: https://aiino.ai/contact For specific requests: • Privacy/Data Deletion: privacy@aiino.ai • CCPA Requests: ccpa@aiino.ai • Security Issues: security@aiino.ai • Parent Support: support@aiino.ai Business Hours: Available 24/7 Typical Response Time: 2-3 business days"
10.7 Third-Party Links & Services
Our Service may contain links to third-party websites or services that are not owned or controlled by Nomisma LLC. Nomisma LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Nomisma LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
10.8 Export Compliance
You may not use, export, or re-export the Service except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained. In particular, but without limitation, the Service may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list and will not use the Service for any purpose prohibited by U.S. law.
10.9 Maintenance and Support
Nomisma LLC is solely responsible for providing any maintenance and support services with respect to the Service as specified in these Terms or as required under applicable law. You acknowledge that the app store provider from which you downloaded the application (e.g., Apple, Google) has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
10.10 Legal Compliance
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country ; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
10.11 U.S. Government Rights
The Service and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
11. Changes to the Terms
Material changes affecting data processing or AI features will be accompanied by updates to the Privacy Policy and may require renewed parental consent where legally required.
12. CALIFORNIA PRIVACY RIGHTS (CCPA)
12.1. Applicability
If you are a California resident, the California Consumer Privacy Act (CCPA) provides you with specific rights regarding your personal information and the personal information of your child.
12.2. Your CCPA Rights California residents have the right to:
• Right to Know: Request disclosure of the categories and specific pieces of personal information we have collected about you and your child in the past 12 months
• Right to Delete: Request deletion of personal information we have collected from you and your child, subject to certain exceptions
• Right to Opt-Out of Sale: We do NOT sell personal information. We have not sold personal information in the past 12 months and will not do so in the future.
• Right to Non-Discrimination: We will not discriminate against you for exercising your CCPA rights
12.3. Categories of Information
We Collect We collect the following categories of personal information from California residents:
• Identifiers: Email address, child's nickname (not real name), device identifiers
• Commercial Information: Subscription purchase history, payment transaction data (processed by app stores)
• Internet Activity: Conversation transcripts, app usage data, feature interactions
• Geolocation Data: General location (country/state level only, not precise GPS)
• Audio Information: Converted to text transcripts only; audio not stored
12.4. How We Use Your Information:
We use personal information for
• Providing the educational Service to your child
• Personalizing learning experiences
• Processing subscription payments (through app stores)
• Improving our AI systems using anonymized data
• Complying with legal obligations
• Ensuring child safety and preventing abuse
12.5. How We Share Your Information:
We share personal information with:
• Service Providers: Cloud hosting (Google Cloud Platform), AI services (OpenAI for processing only, NOT training), payment processors (Apple/Google)
• Legal Requirements: When required by law or to protect rights and safety We do NOT sell personal information to third parties.
12.6. Exercising Your CCPA Rights To exercise your rights:
• Email: privacy@aiino.ai with "CCPA Request" in subject line
• In-App: Settings > Privacy > California Privacy Rights
• Mail: Nomisma LLC, Attn: CCPA Requests, 33438 13th St, Union City, CA 94587
• Include: Your email address and specific request (know/delete/other) We will respond within 45 days. We may request verification of your identity before processing your request.
12.7. Authorized Agent
You may designate an authorized agent to make a CCPA request on your behalf. The agent must provide proof of authorization.
12.8. Minors Under 16
We do not sell the personal information of minors under 16 years of age. All Aiino users are children aged 3-9, so this protection applies to all user data."
13. Geographic Restrictions and Service Availability
13.1 Restricted Regions
We do not sell the personal information of minors under 16 years of age. All Aiino users are children aged 3-9, so this protection applies to all user data."
Aiino is currently available only in select countries. At this time, we do not offer our services in the following regions:
Europe
Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Monaco, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom
Asia
China, Vietnam
Eurasia
Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Russian Federation, Turkey, Ukraine
Africa
Nigeria
13.2 Enforcement of Restrictions
To enforce these geographic limitations, we implement technical and operational safeguards, including but not limited to:
IP address geolocation blocking
App store regional availability controls
Payment method and billing address verification
Any attempt to bypass or circumvent these restrictions — including the use of VPNs, proxy services, or the submission of false or misleading location information — constitutes a violation of these Terms and may result in immediate account termination without refund.
13.3 Future Availability
We intend to expand Aiino’s availability to additional regions, including the European Union and the United Kingdom, in the future.
Upon expansion into new regions:
Our Terms of Use and Privacy Policy will be updated to comply with applicable local regulations (such as GDPR for EU/UK users)
Existing users will be notified of any material changes affecting their rights or usage
Advance notice will be provided prior to launching services in new regions
13.4 Relocation to a Restricted Region
If you relocate to a restricted region after creating an account:
You must notify us at info@aiino.ai within 30 days of relocation
Your account will be temporarily suspended until we are legally authorized to operate in that region
You may request a pro-rated refund for any unused subscription period
Your data will be retained in accordance with our Privacy Policy unless you request deletion