PRIVACY POLICY
Introduction
Aina Software USA Inc. ("Aina", "we", "us", or "our") is committed to protecting your privacy. This Privacy Policy explains what information we collect when you use the Aina mobile and web Application (the "Service"), how we use and share that information, and your rights and choices regarding your personal data. This Policy is an integral part of Aina's User Agreement; by using Aina's Service, you agree to Aina's Privacy Policy and to the collection and use of information as described herein. If you do not agree, then please do not use the Service.
Data Controller: For the purposes of data protection laws, Aina Software USA Inc., a Delaware, USA company, is the "data controller" of your personal information collected via the Service. Our contact details are provided at the end of this Policy. We operate the Service from the United States of America, and our primary data hosting is on Microsoft Azure's cloud infrastructure, with servers in the U.S.A. and other regions as needed.
Applicability: This Privacy Policy applies to information we collect through the Aina mobile and web App and any related websites or services that link to this Policy. It does not cover any third-party websites or services you may access through Aina's App such as external retailer sites – those are governed by their own privacy policies.
Effective Date: This Privacy Policy is effective as of May 27, 2025, and was last updated on May 27, 2025. We may update it from time to time (see Changes to This Privacy Policy below). We will notify you of significant changes and, where required by law, seek your consent.
Information We Collect
We collect various types of information from and about our users to provide and improve the Service, including the following.
1. Information You Provide Directly: When you create an Aina account or use certain features, you may provide personal information to us, including:
Account Registration Data: When signing up, you provide identifiers such as your name, email address, phone number (if used for login or 2FA), date of birth, username, and password. We use your email/phone to verify your account and to communicate with you e.g., for service messages or newsletters, if subscribed.
Profile and Wellness Information: To get personalized routines, you can (optionally) provide details in your user profile, such as your skin type, skin tone, beauty or wellness goals, health and lifestyle information (e.g., stress levels, sleep patterns), product preferences or allergies, and other personal characteristics. You may also input "health or wellness data" – for example, whether you have sensitive skin, any specific skin concerns (e.g. acne, eczema), or general well-being info. This may include sensitive personal information like health-related data or demographic info such as ethnic background or gender identity that you choose to share for personalization. We only collect such data if you voluntarily provide it, and you may always choose not to fill out certain profile fields. If you do provide this info, you consent to our processing of it to deliver personalized recommendations (see How We Use Your Information below). We do not require health or sensitive data to use the basic Service, but providing it can improve your experience.
Product Inventory: You have the option to catalog the beauty/wellness products you own or use in the App, e.g., uploading your "shelf" of skincare products. You might input product names, upload photos of products, or scan barcodes. We use this to tailor your routines based on what products you have available.
Content and Posts: If you create content on Aina, such as writing a routine, posting a review, commenting, or uploading a photo/video, we collect whatever information you include in that content. This could include text, images, or videos that might contain personal information if you reveal it. For instance, a photo could reveal your face or skin concerns. You can choose what to share. Note that content you post publicly, like a routine shared with the community, may be seen by others along with your profile name/photo.
Support and Contact Info: If you reach out to us for support or feedback via email or an in-App contact form, you may provide your contact details and a description of your issue. We collect and use that information to assist you and improve the Service. We may keep records of our communications with you.
2. Information We Collect Automatically: When you use Aina, we automatically collect certain data about your device and usage of the Service:
Device Information: We collect technical details about the device and app you use, such as your device model, operating system version, unique device identifiers, language settings, the Aina app version, and device time zone. For example, we might log that you are using an iPhone 12 with iOS 16 and Aina app version X.Y.Z.
Usage and Activity Data: We track your interactions within the app to understand and improve usage. This includes features you use, content you view or engage with (e.g. which routines you read or like), the screens or pages you visit, and the dates/times and duration of your sessions. For instance, we may know that a user spent 10 minutes on the app today and looked at a hydration routine and opened 3 product detail pages. We also record events like when you complete a daily check-in, add a product to your inventory, or follow another user or creator. If you interact with voice-enabled features (for example, if Aina offers a voice coach or Q&A via microphone), we process the audio input in real-time to generate a response but do not store the raw audio (only derived insights might be stored, and only if relevant to your profile).
Location and Contextual Data: With your permission, we may collect geolocation data from your device to provide context-aware recommendations. For example, we might use your general location to fetch local environmental conditions like weather, humidity, UV index, or pollution levels. Knowing it's humid or sunny in your area helps Aina adjust your routine (e.g., recommending more moisturizer or SPF). You can choose whether to grant the app location access. We do not continuously track your precise GPS location; typically, we just get a city-level or region-level location to retrieve relevant climate data. Location data is considered sensitive, so we handle it with care and only use it for the intended personalization purpose. If you enable background location (if offered), we will explicitly ask for your consent.
Logs and Diagnostics: Our servers automatically record certain log information when you use Aina, including Internet Protocol (IP) address, device identifiers, app crash reports, and error logs. We use these logs for debugging, security monitoring, and to ensure the service runs smoothly. For example, IP addresses may be used to infer the general region of users or to detect potential malicious activity (like multiple failed logins).
Cookies and Tracking Technologies: If you use any web-based aspects of Aina (e.g., visiting our website or a web community), we may use cookies or similar technologies to remember your preferences and analyze site traffic. In the mobile app, we may use analytics SDKs that function similarly to cookies to track events. You can set your browser to refuse cookies on the web, but note some features might not function.
3. Information from Third Parties: We may receive information about you from other sources:
Third-Party Services: If you choose to link or log in to Aina through a third-party account (for example, "Sign in with Apple" or Google sign-in), we will receive certain information from that account such as your name and email as permitted by their API (after you authorize the sharing). We use this solely to expedite account creation and login. We do not post anything to those third-party accounts without your permission.
Service Providers and Partners: We might receive data from service providers, such as analytics reports or crash analytics from providers like Microsoft App Center or Google Analytics for Firebase. These don't typically identify individuals to us, but provide aggregate information (e.g., number of users in a region, or how a feature is performing). If Aina collaborates with brand partners for sponsored content or affiliate programs, we might receive info like whether a link led to a purchase (to calculate commissions). Such info is generally aggregated and not tied to your full identity on our end.
Public Sources: If you are a creator or brand working with Aina (e.g., a "Muse Node" creator), we may mention your public profile information within the app. This is usually provided by you or publicly available.
We will specify at the time of collection if any data is mandatory or optional. If you choose not to provide certain optional information, some features (like highly personalized advice) may not function optimally, but you can still use the Service in a more limited way. We strive to minimize data collection and will only collect what is relevant for providing and improving our service to you.
How We Use Your Information
Aina uses the collected information for the following purposes, all aimed at delivering a safe, personalized, and efficient experience:
To Personalize Routines and Content: The core of Aina is providing you with daily beauty and wellness routines, product recommendations, and educational content tailored to you. We use your profile information, health and beauty inputs, product inventory, and context, like time of day or weather, to generate customized routines and tips. For example, if your profile indicates dry skin and the local weather is cold and dry, then the AI might suggest extra hydration steps that day. If you've logged high stress levels, then Aina might include a brief mindfulness exercise in your routine. Personal data you provide, including any sensitive wellness info, is used solely to customize and improve the content delivered to you.
To Improve AI and Services: We continually work to enhance Aina's AI algorithms and features. We may use information, in aggregated or de-identified form whenever feasible, to improve our machine learning models, develop new features, and refine recommendation accuracy. For instance, understanding which suggestions users follow or feedback they give helps train our models to be smarter. We also may analyze usage trends – like which features are popular or where users drop off – to improve usability. Any use of personal data for improving the service is done in line with applicable legal bases (e.g., our legitimate interest in enhancing our product). Importantly, we do not use personal data you provide to train external AI models outside of Aina's service; training is limited to improving Aina's own algorithms for your benefit.
To Provide Core Features: We use data to operate the app's functionality – for example, using your device and account data to maintain your login and preferences; using your product inventory to filter recommendations; or enabling social features, showing your username, profile photo, and posts to other followers if you choose to have a public profile. If you participate in community features, your profile content is used to facilitate those interactions.
Notifications and Reminders: If you allow notifications, we use contact data to send you app notifications or emails about your routines, reminders to do certain tasks (e.g., "Time to do your evening routine!"), product restock alerts, or promotional messages. We will only send promotional communications (e.g., newsletters, special offers) with your opt-in consent where required by law. You can opt out of marketing emails any time by clicking "unsubscribe" in the email, and control push notification preferences in your device or app settings.
Transactions: If you make a purchase or subscribe, we use your provided information to process transactions and provide you access to paid features. We do not directly store payment info, but we do keep records of your subscriptions, purchase history, and any in-app credits for account and customer support purposes. Transactional emails (receipts, billing notices) will be sent as needed.
Customer Support: Information you provide in support requests (like your email and issue description) is used to respond to you and resolve your problem. We might also use support communications to improve our services (e.g., fixing a bug you reported).
Analytics and Metrics: We use data (often in aggregated form) to generate analytics about our user base and app performance. This helps us understand, for example, how many active users we have, which features are most used, and engagement levels. These insights guide product decisions and business strategy. Where possible, we use non-identifiable data for analytics.
Safety and Integrity: We may use personal information to monitor, detect, and prevent fraud or abuse of our Service and to ensure the security of user accounts. For example, we might detect an IP address making excessive login attempts and take action, or use automated scanning of content to detect spam or violations of our Terms. We also may enforce our Terms of Service by using data that points to misuse (like investigating a report of harassment by reviewing involved content).
Legal Compliance: We process personal data as needed to comply with our legal obligations. For instance, we may keep transaction records for tax and accounting regulations, or disclose data in response to valid legal requests (see How We Share Information below). We also use data to fulfill privacy rights requests from users (like deleting or providing a copy of your data upon request).
Other Purposes (with notice/consent): If we intend to use your information for a purpose not covered in this Policy, we will seek your consent or provide notice as required. For example, if in the future Aina wanted to use a user testimonial or before/after photo of you in marketing, we'd ask your permission.
We ensure that we have an appropriate legal basis for each use of your data. Depending on the context, our legal bases include: your consent (for sending marketing communications or processing sensitive personal data like health info), performance of a contract (providing you the Service you signed up for, including personalizing content as per the user agreement), legitimate interests (such as improving our service, ensuring security – we balance these interests against your data protection rights), and compliance with law. For EU users, see the GDPR section below for more on lawful bases.
How We Share Your Information
We understand your personal information is important, and we are not in the business of selling it. In fact, we do not sell your personal data to third parties for money. However, we do share certain information in the following scenarios:
Service Providers: We employ trusted third-party companies and individuals to help us operate the Service or perform functions on our behalf. For example, we use Microsoft Azure for cloud hosting and database storage; Azure OpenAI for AI processing; Azure Key Vault for secure management of secrets/keys; and Azure DDoS Protection for security. These are all Microsoft services acting as our processors. We also might use providers for email delivery, analytics (like Google Analytics or similar), customer support ticketing, or payment processing (Apple and Google for in-app purchases). These service providers may process your data only under our instructions and for the purposes we specify. They are obligated to protect your data. For example, our cloud provider stores data on secure servers and encrypts data at rest and in transit, and access is limited via role-based access control. Our analytics providers might receive device and usage data like crash logs or usage patterns, but not things like your name or contact info. We share only the minimum information necessary for each provider to perform their task, and we require them to keep it confidential.
Affiliate and Brand Partners: From time to time, we may collaborate with brands or retail partners. For example, if Aina features a sponsored routine by a skincare brand, that content might include a link to the brand's site. We do not share your personal details with brand partners without your consent. We may, however, share aggregated, de-identified insights (such as "X% of Aina users in California used sunscreen at least 5 times a week this summer") with brands or industry partners. These insights help partners understand trends but cannot be used to identify any individual. If we ever were to offer a program where personal data is shared with a brand (say, to redeem a reward or sample), we would do so only with your knowledge and opt-in. Also, if you click an affiliate link, the fact that you came from Aina might be logged via cookies or an ID, but this typically does not reveal your identity to the third party; it just lets them know an anonymous user from our app referred a sale.
Social and Community Sharing: If you use Aina's community features, some information is shared with other users by nature. For instance, when you post a routine or comment publicly, other users can see your profile name, photo, and the content you shared. If you follow a creator or another user, they may be notified of your follow. We encourage you to be mindful of the information you choose to share publicly on Aina – once posted publicly, that information can be seen or captured by others outside of our control.
Business Transfers: If Aina Software USA Inc. is involved in a merger, acquisition, sale of assets, or financing, or in the unlikely event of bankruptcy, personal information may be transferred to a successor or affiliate as part of that transaction. We will ensure that any such entity is bound by terms that are at least as protective of your privacy as this Policy, and we will provide notice before your personal data becomes subject to a different privacy policy.
Legal Compliance and Protection: We may disclose your information if we in good faith believe such action is necessary to: (a) comply with a legal obligation, law or regulation, or valid legal process (e.g., a subpoena or court order); (b) enforce our Terms of Service or other agreements; (c) respond to claims that any content violates third-party rights; or (d) protect the rights, property, or safety of Aina, our users, or the public. For example, we might disclose information to law enforcement if we believe someone is using Aina to perpetrate a crime or if we receive a verified request related to national security. Unless prohibited by law or a court order, we will try to notify you if we must disclose your data to third parties in response to a legal process.
With Consent: Apart from the scenarios above, if there is any situation where we would like to share your personal information with a third party in a way that's not covered by this Policy, we will ask for your consent. You have the right to say no. For instance, if we ever want to feature your story or profile in a marketing campaign, we'd ask for permission.
No Selling of Personal Information: We reiterate that we do not sell your personal data for monetary consideration (and we interpret "sell" in line with relevant privacy laws such as CCPA/CPRA). We also do not "share" personal information for cross-context behavioral advertising without consent. If this ever changes, we will update this Policy and provide required opt-outs. (For California residents, see below on your right to direct us not to sell or share personal info, which we uphold.)
De-Identified or Aggregated Data: We may share information that has been aggregated or anonymized (so it's no longer linked to you) for any legitimate business purpose. For example, we might publish reports on wellness trends or use aggregated stats in investor presentations. This data will not identify any individual user. If we share anonymized data with partners or researchers, we will prohibit re-identification of that data.
Data Security
Aina takes security seriously and implements a range of technical and organizational measures to protect your personal information from unauthorized access, alteration, disclosure, or destruction. Some key security practices include:
Encryption: All data transmitted between your device and our servers is encrypted using HTTPS with Transport Layer Security (TLS). This helps protect your data from eavesdropping while in transit. Additionally, data stored on our servers (at rest) is encrypted using strong encryption algorithms (Microsoft Azure uses 256-bit AES encryption for data at rest, which is FIPS 140-2 compliant). For particularly sensitive information (like authentication tokens or secrets), we utilize Azure Key Vault to manage encryption keys securely.
Access Controls: We restrict access to personal data strictly to authorized personnel who need it to operate, develop, or support the Service. Staff access is controlled by authentication, and we employ role-based access control (RBAC) principles so that each employee or contractor can only access the minimum data necessary for their role. For example, our customer support team can view your account info when assisting you, but they cannot access more sensitive analytics that they don't need. Administrative access to our systems requires multi-factor authentication and is logged and audited.
Network and Infrastructure Security: Our servers are protected by firewalls and Azure DDoS Protection to guard against attacks like Distributed Denial of Service. We use network segmentation and security groups to isolate databases and sensitive services. Azure's infrastructure provides robust physical security and redundancy. We also keep our software and dependencies up to date with security patches, and routinely monitor for vulnerabilities. We may employ intrusion detection systems and perform periodic penetration testing (in line with Microsoft's cloud rules) to uncover and address potential weaknesses.
Data Backups: We back up critical data regularly to prevent data loss. Backups are encrypted and stored securely. In case of an incident (like a hardware failure), we have the ability to restore data. We test our backup and restore procedures periodically.
Monitoring: We continuously monitor our systems for suspicious behavior or unauthorized access. Unusual login patterns or anomalies trigger alerts for our security team to investigate. We also monitor error logs and crashes to fix issues that could affect security or stability.
Training and Policies: We train our employees about the importance of privacy and security. We have internal policies and incident response plans. In the event of a data breach affecting your personal information, we will notify affected users and authorities as required by law, and take steps to mitigate the damage.
No Guarantee: Despite all these measures, it's important to note that no system can be 100% secure. The internet is not perfectly secure or error-free. We cannot guarantee absolute security of your data, and any transmission is at your own risk. However, we adhere to industry best practices and continually improve our safeguards to minimize risks.
You also have a role in security: please keep your account credentials confidential, use a strong unique password, and notify us if you suspect any unauthorized access to your account.
Your Rights and Choices
General Choices: You have control over your personal information and how it's used. Here are some of the choices you can exercise:
Access and Update: You can access and update much of your personal profile information directly in the app (e.g., edit your profile, change your preferences). It is important that the information we hold is accurate and up to date; please update your info if it changes. If certain data isn't editable in-app and you believe it's inaccurate, you can contact us to request correction.
Delete Account/Data: You may request deletion of your account and personal data at any time. The easiest way is via the in-app deletion feature (in account settings) or by contacting us at privacy@aina.ai. Once we verify your request, we will delete or anonymize your personal information (unless retention is required for legal or legitimate purposes). Note that deletion is permanent and you will lose access to your account and content. Some residual copies of your data (e.g., in backups) may remain for a short period but will be deleted in the normal course of our data retention cycle. See also "Data Retention" below.
Marketing Opt-Out: You may opt out of receiving promotional emails from us by clicking the "unsubscribe" link in any such email or by adjusting your notification settings in the app. Please note you will still receive transactional or service messages (such as account notices or routine reminders that are part of the Service). For push notifications, you can control these via your device settings (for example, you can disable Aina app notifications entirely or adjust which types you get).
Do Not Track Signals: Our website (if applicable) may recognize "Do Not Track" signals from browsers and will not use cookies to track you for advertising if such a setting is detected. However, our primary service is an app, which doesn't use web tracking in the same way.
In addition to these general controls, specific privacy laws provide rights to users in certain regions, such as California residents and individuals in the European Economic Area (EEA). We outline those below.
California Privacy Rights (CCPA/CPRA)
If you are a resident of California, you have specific rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA):
Right to Know: You have the right to request that we disclose what personal information we collect, use, disclose, and share about you over the past 12 months, including the categories of personal information, the categories of sources, the business or commercial purpose, and the categories of third parties with whom we shared your info. Much of that is described in this Privacy Policy, but you can also request more detail or a copy of the specific personal data we have about you.
Right to Delete: You have the right to request deletion of the personal information we have collected from you (with some exceptions – for example, we may retain data needed to complete a transaction, for security, legal compliance, etc.). As noted above, you can delete your account, which covers this.
Right to Correct: You have the right to request that we correct inaccurate personal information we hold about you. We will take into account the nature of the personal info and the purposes of processing when handling such requests.
Right to Opt-Out of Sale/Sharing: Aina does not sell your personal information for money, and we do not share your personal information for cross-context behavioral advertising as those terms are defined in California law (except possibly through cookie-based third-party analytics, which you can opt out of via cookie settings). In the event we were to engage in selling or sharing personal info, you would have the right to direct us to stop: "Do Not Sell or Share My Personal Information." We provide a "Do Not Sell or Share My Info" link in our app/website to allow you to exercise this right easily, as required. Given that we currently do not sell personal data, clicking that link will confirm that status for you and ensure that any future sharing (for example, if we ever enable tailored advertising) is opted out for your account.
Right to Limit Use of Sensitive Personal Information: We do collect some data that could be considered sensitive personal information under CPRA (for example, health or wellness details, precise geolocation if provided, or demographic info like ethnicity). Under CPRA, you have the right to direct us to limit the use of your sensitive personal info only to what is necessary to perform the services or provide the goods (or other exempt purposes). We already limit our use of sensitive data to providing the personalized Service you requested (e.g. using health info to give wellness advice), and we do not use sensitive info to infer characteristics or for advertising. If you have any concerns, you can contact us to further limit or remove sensitive data from your profile. We also honor any "Limit Use of Sensitive Info" preference signals if applicable.
Non-Discrimination: We will not discriminate against you for exercising any of these rights. That means we won't deny you our services, charge you different prices, or provide a different quality of service just because you exercised your privacy rights. If you delete your data, keep in mind certain features (like a personalized routine) might not function, but we're not retaliating – it's just a consequence of not having the data.
How to Exercise California Rights: To make a request under CCPA/CPRA, you (or your authorized representative) can contact us at privacy@aina.ai with the subject line "California Rights Request" and let us know which right you seek to exercise. We will need to verify your identity (or authority of an agent) before fulfilling the request, which may involve asking you to log in or provide certain account-related information. Verification is to protect your privacy by ensuring someone else isn't trying to impersonate you. We aim to respond to requests within 45 days, or 90 days if an extension is needed (we will inform you of the extension). These rights are subject to certain exceptions; if we cannot fulfill part of your request, we will explain why (for example, we cannot provide certain sensitive information if the disclosure creates an unreasonable security risk). For opt-out of sale/sharing or limiting sensitive data, you can also use the "Do Not Sell or Share" link in-app or on our site, which will be processed immediately according to your preference.
EU/EEA Privacy Rights (GDPR)
If you are located in the European Union, EEA, or the UK, you are entitled to certain rights under the General Data Protection Regulation (GDPR) or UK GDPR. These include:
Right of Access: You have the right to request a copy of the personal data we hold about you, as well as information on how we process it (similar to the "right to know"). This is sometimes called a Subject Access Request.
Right to Rectification: You have the right to have inaccurate personal data corrected, or to have incomplete data completed (taking into account the purposes of processing).
Right to Erasure: You can request that we delete your personal data under certain conditions – for example, if it's no longer necessary for the purposes collected, or if you withdraw consent and there's no other legal basis, or if you object to processing and we have no overriding interest, or if we collected data unlawfully, etc. (This aligns with your "right to be forgotten.") Note that this right is not absolute – we may retain data where we have a compelling reason or legal obligation (e.g., if you've made purchases, we might keep records required for financial compliance).
Right to Restrict Processing: You can ask us to restrict (pause) the processing of your personal data in certain scenarios – for example, if you contest the accuracy of data (until we verify or correct it), or if processing is unlawful but you prefer restriction over deletion, or if you just need us to retain data for a legal claim after we would otherwise delete it.
Right to Data Portability: You have the right to receive personal data you provided to us in a structured, commonly used, machine-readable format, and to have that data transmitted to another controller where technically feasible. This typically applies to data processed by automated means that you initially provided by consent or contract (for example, your profile info, routines, etc., could be exported if you request).
Right to Object: You have the right to object to our processing of your personal data in certain circumstances. You can object to direct marketing at any time, and we will honor that (we already allow easy opt-out of marketing as noted). If we are processing your data based on legitimate interests, you can object if you feel it impacts your rights; we will then consider whether our interests in processing (or legal requirements) outweigh your privacy rights. If your data is processed for research or statistical purposes, you can also object unless it's needed in public interest.
Right not to be subject to Automated Decisions: Aina does not make any legal or similarly significant decisions about you purely by automated means without any human involvement. If we ever do, you'd have rights to request human review and to contest decisions. Our AI-driven content is not a "decision" about you – it's personalized advice, which you are free to use or ignore.
Right to Withdraw Consent: If we are processing your personal data based on your consent (for example, you gave consent for us to use your health data or to send marketing emails), you have the right to withdraw that consent at any time. Withdrawal of consent will not affect the lawfulness of processing done before withdrawal. If you withdraw consent for a particular feature (like health data usage), certain personalized aspects may not work, but you can continue using the rest of the Service if applicable.
Right to Complaint: If you have concerns about our data practices, you have the right to lodge a complaint with an EU/EEA Data Protection Authority (DPA) or a UK supervisory authority. We would appreciate the chance to address your concerns first, so we invite you to contact us with any issue, but you are free to contact your local authority (for example, in the UK it's the Information Commissioner's Office (ICO); in the EU you can contact the DPA in the country of your residence or where we are located).
Legal Bases for Processing: As required by GDPR, we only process your personal data when we have a legal basis. Here are the main grounds we rely on:
Contract: We process data to provide the Service you requested under our Terms (Article 6(1)(b) GDPR). For example, using your profile data to deliver personalized routines is part of the service contract.
Consent: In certain cases, we rely on your consent (Art. 6(1)(a)), especially for processing special categories of data (health info, etc. under Art. 9(2)(a)) or for sending promotional communications. You have the right to withdraw consent anytime.
Legitimate Interests: We process data for our legitimate interests (Art. 6(1)(f)), such as improving and securing our app, understanding usage patterns, and providing a better user experience – but we do so in a way that does not override your rights and freedoms. For instance, analyzing aggregated usage to improve features is a legitimate interest. If we ever rely on this basis for something you object to, you can contact us.
Legal Obligation: Sometimes we have a legal obligation (Art. 6(1)(c)) to process data, e.g., complying with tax laws or regulatory requirements.
Vital Interests/Public Task: Unlikely applicable for Aina's typical processing, but if ever there were an emergency (Art. 6(1)(d)) or public interest task (Art. 6(1)(e)) requiring data use, we would only do so under those narrow circumstances.
How to Exercise EU Rights: At this time, Aina Software USA Inc. does not maintain an establishment or representative office in the EU, but you can reach out to us at privacy@aina.ai to exercise any of your GDPR rights. We may ask for verification of identity (to ensure we don't give your data to someone else). We will respond within one month (and can extend by two further months if necessary, but we'll inform you if so). There is generally no fee for these requests, unless they are manifestly unfounded or excessive, in which case we might charge a reasonable fee or refuse (with explanation).
EU Representative: EU Representative:
At this time, Aina Software USA Inc. does not maintain an establishment or representative office in the EU. We operate and process your data from the United States. For questions, requests, or to exercise your GDPR rights, please contact our U.S. office directly at:
Email: privacy@aina.ai
Address: 8 The Green, Suite B, Dover, DE 19901
Attn: Data Protection Officer
We are committed to upholding these rights and transparently dealing with your requests. If you have questions about your privacy rights or need assistance, please contact our Data Protection Officer privacy@aina.ai
Data Retention
We retain personal information only for as long as necessary to fulfill the purposes described in this Policy or as required by law. The exact duration depends on the type of information and the context of processing. Here are some general guidelines:
Account Data: We keep your profile information, content, and usage history for as long as you maintain an account with us. If you decide to delete your account, we will initiate deletion of your personal data from our active databases. Inactive accounts (no login for an extended period) may be deleted after a notification. Some minimal data, like email, or record of a deletion request, may be kept to maintain a record that you had an account and that it was deleted, or to prevent fraud (e.g., to ensure the same person doesn't sign up repeatedly if banned).
Content: Content you post publicly may remain until you remove it or as long as your account exists. If you delete content or your account, we will endeavor to remove it from public view. However, search engines or other users may have cached or archived that content, which is beyond our control.
Transaction Records: If you made purchases, we retain payment and transaction records as required for financial auditing, tax, and compliance (often at least 7 years in many jurisdictions). This may include subscription history, amounts paid, and related communications.
Logs and Analytics: Our server logs and analytic data are generally retained for a shorter period, typically 1-2 years, unless we need to hold them longer for security analysis. We may keep aggregate data (which doesn't identify individuals) indefinitely.
Backups: Our backups are cycled regularly and retained for short durations (perhaps 30-90 days) for disaster recovery. Thus, even after deletion of data from our live systems, it may persist in encrypted backups until those are overwritten. We have safeguards to ensure backups are protected and deleted properly in the rotation.
Legal Holds: If we are dealing with a legal dispute or have received a legal preservation order, we might retain specific information relevant to that issue until it is resolved, even if it goes beyond normal retention periods.
When we no longer need personal data, we either delete it or anonymize it (so it can no longer be associated with you) in a secure manner. If deletion is not immediately feasible (for example, the data is stored in archived backups), we will isolate it from further processing until deletion is possible.
International Data Transfers
Aina is based in the United States, and much of our data processing occurs in the U.S.A. If you are using Aina from outside the U.S.A., especially from the EEA, UK, or other regions with data protection laws, please be aware that your personal information will likely be transferred to and stored on servers in the United States of America or other jurisdictions. These countries may have different or less comprehensive privacy laws than your country of residence.
However, we take steps to ensure that such transfers comply with applicable data protection laws and that your information remains protected:
Standard Contractual Clauses: For EU/EEA users, when we transfer personal data from the EEA to the U.S.A. (or other countries not deemed "adequate" by the European Commission), we rely on approved mechanisms such as the European Commission's Standard Contractual Clauses (SCCs). These are contractual commitments between our entity and the receiving entity (like our U.S.A. headquarters or our cloud provider) that require them to protect EU personal data according to EU standards. We have signed SCCs with our relevant service providers (e.g., Microsoft Azure, which also offers strong privacy and security commitments). Similarly, for UK data, we use the UK-approved International Data Transfer Addendum or similar measures.
Data Protection Frameworks: We monitor developments in cross-border data frameworks. At this time, we are not certified under Privacy Shield (which was invalidated), but if new frameworks such as the EU-U.S.A. Data Privacy Framework or UK extension become available and robust, we may participate or use those as appropriate.
Adequacy Decisions: If we transfer data to a country that has an adequacy decision (meaning the EU has determined its laws provide sufficient protection, like Canada, Israel, etc.), we rely on that when applicable. For example, some of our support or development staff might be in Canada or Europe.
Contractual and Technical Safeguards: All recipients of personal data must contractually agree to protect the data. We also employ encryption (in transit and at rest) and other technical measures to safeguard data during transfer and storage. Our providers like Azure also use secure networks and may provide options for data residency (if we expand globally, we might store EU user data on EU servers, but some processing in the U.S.A. might still occur via our AI or support teams).
Your Consent: In some cases, we may ask for your consent to transfer your data internationally (especially for optional features). By using our Service or providing us with information, you consent to the transfer of your personal information to the U.S.A. and other countries as described in this Policy.
Despite differing laws, we will handle your data per this Policy no matter where it is stored. We also commit to resolving any privacy-related complaints as described in the "Contact" section. If you have questions about our data transfer mechanisms or want more info (like a copy of the SCCs we use), you can contact us.
Children's Privacy
Aina is not directed to children. We do not knowingly collect personal information from anyone under the age of 16 (and our Terms of Service prohibit use by under-16 individuals). If you are under 16, you are not permitted to use Aina or provide any personal data to us. If you are 16 or 17, you should only use Aina with parental consent and involvement, as discussed in our Terms. We aim to comply with laws like COPPA, which protect children under 13 in the U.S.A., by not knowingly collecting data from children in that age group. We also abide by GDPR's age limits; if we become aware that we have inadvertently collected personal data from a child under the applicable age (13 in most countries, 16 in certain jurisdictions) without proper consent, we will promptly delete such data.
Parents or guardians: If you discover that your child under 16 has created an Aina account or provided us with personal information without your consent, please contact us at privacy@aina.ai. We will take steps to remove the data and terminate the child's account. We encourage parents to supervise their children's online activities and consider use of parental control tools available from online services.
Aina's content is generally suitable for a general audience focusing on wellness and beauty. We do not knowingly show any inappropriate or 18+ content to minors. That said, any user-generated content that violates our guidelines (including anything not suitable for minors) is subject to removal. If you are a minor authorized to use Aina (16-17 with consent), please do not share personal details in public content and use caution in interactions.
Changes to This Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices, technologies, legal requirements, or other factors. If we make a significant change, we will notify you by posting the new Privacy Policy on our website and app, and updating the "Last Updated" date. In some cases, we may provide additional notice or request your consent (e.g., if required by law for changes in how we use data). We encourage you to review this Policy periodically for any changes.
Your continued use of Aina after any updated Privacy Policy has become effective indicates your acceptance of the updated terms. If you do not agree with any changes, you should stop using the Service and, if necessary, delete your account.
Contact Information
If you have any questions, concerns, or requests regarding this Privacy Policy or your personal data, please reach out to us:
Aina Software USA Inc. – Privacy Team
Email: privacy@aina.ai
Address: 8 The Green, Suite B, Dover, DE 19901
Attn: Data Protection Officer
We are here to help and will do our best to address your inquiry promptly. If you contact us by mail, please include a way to contact you back (email or phone) and a clear description of your request.
For EU/EEA individuals: EU Representative: At this time, Aina Software USA Inc. does not maintain an establishment or representative office in the EU. We operate and process your data from the United States. For questions or to exercise your GDPR rights, please contact our U.S. office directly at privacy@aina.ai EU/EEA Privacy Rights (GDPR), EU Representative above. Additionally, you have the right to lodge a complaint with your local Data Protection Authority as mentioned above, but we welcome the opportunity to directly address your concerns first.
Thank you for trusting Aina with your personal journey. We are dedicated to safeguarding your privacy and helping you feel confident and empowered in your beauty and wellness routine. TERMS OF SERVICE
Introduction
Welcome to Aina, a personal beauty and wellness application provided by Aina Software USA Inc. ("Aina", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of the Aina mobile and web application, and any related services (collectively, the "Service"). By creating an account or using the Service, you agree to be bound by these Terms and our Privacy Policy (incorporated herein by reference). If you do not agree, you must not use Aina. These Terms constitute a binding legal agreement between you and Aina Software USA Inc., effective as of the date you first create an account or use the Service. We may update these Terms from time to time and will notify you of major changes via the app or email; continued use of Aina after updated Terms are posted constitutes acceptance of the changes.
Eligibility and User Accounts
Minimum Age: You must be at least 18 years old to use Aina by yourself. If you are 16 or 17, you may use Aina only jointly with the involvement and consent of a parent or legal guardian, who must review and agree to these Terms of Service on your behalf. Aina is not intended for use by anyone under 16, and we do not knowingly allow children under 16 to use the Service or provide personal information, in compliance with U.S.A. COPPA regulations. In certain jurisdictions like the EU, processing personal data of users under 16 requires parental consent, so our policy is to restrict access and use below this age for safety and compliance. By using Aina, you represent that you meet these age and compliance requirements and, if applicable, have your parent or guardian's permission and consent. We reserve the right to ask for proof of age or parental consent or both if necessary.
Account Registration: To access most features, you will need to create an Aina account by providing truthful and up-to-date information, such as your name, email or phone, date of birth, and a secure password. You agree to keep your login credentials confidential and not share them. You are responsible for all activity on your account, so please use a strong password and notify us immediately at support@aina.ai of any unauthorized access or security breach. Aina is not liable for any loss or damage arising from your failure to safeguard your account credentials.
Account Use and Suspension: You agree to create and use only one Aina account and not create multiple accounts or use false identities. We reserve the right to suspend or terminate your account, with or without notice, if you violate these Terms, provide false information, or engage in prohibited activities. If your account is terminated due to a breach of these Terms, you may lose access to any content or data associated with your account, and you may be barred from re-registering without our permission.
User Responsibilities and Acceptable Use
When using the Aina Service, you agree to behave responsibly, lawfully, and in accordance with these Terms of Service and to use the Aina Service for its intended purposes. You must not engage in any misuse of the Aina Service, including but not limited to the following.
Prohibited Conduct: You agree not to harass, bully, libel, or harm other users; not to impersonate any person or entity; and not to post content that is unlawful, hateful, exploitative, or infringing.
No nudity, sexually explicit, or pornographic material: You agree not to upload, publish, submit, transmit, or otherwise make available through the Aina Service any content that contains nudity, sexually explicit material, or pornographic content, including images, videos, or other media; that depicts or promotes sexual acts, fetishes, or erotic conduct in a graphic or suggestive manner; that is inappropriate, as determined in our sole discretion; or that violates any applicable laws or regulations concerning indecency, child exploitation, or non-consensual content.
Aina reserves the right to remove or restrict any content that violates these Terms and to suspend or terminate the accounts of users who breach these terms and policy.
No viruses or malware: You agree not to upload viruses, malware, or do anything that could interfere with the proper functioning or security of Aina. You will not attempt to bypass or hack any security or authentication measures, probe or scan Aina's systems, or reverse-engineer Aina's software. Any form of unauthorized scraping, data mining, or automated access of the Aina Service is prohibited. We expect all users to interact in a courteous and respectful manner.
No Spam or Fraud: You agree not to send spam, advertisements, or unsolicited messages using Aina. You agree not to use Aina for any fraudulent or deceptive activity. This includes schemes to artificially inflate influence, reviews, or engagement, or to mislead others.
Personal Data & Accuracy: If you provide personal health or beauty information e.g. skin type, product usage, wellness inputs, then you agree to do so honestly and only about yourself. Do not share others' personal data without consent. You are responsible for ensuring that any and all information you input, such as your profile data or product inventory, is accurate and up-to-date. Aina is not responsible for advice and outcomes derived from inaccurate, incomplete, or misleading information you or other users provide.
We reserve the right to moderate and remove content that violates these Terms or our community guidelines. This includes user posts, comments, or shared routines that we deem inappropriate or outside the scope of acceptable use. We may also suspend or terminate accounts that engage in prohibited conduct or repeatedly violate rules. However, we do not pre-screen all content and are not liable for user-generated content (as discussed further below). You remain solely responsible for your interactions and content on the platform.
User Responsibility for Decisions: Any reliance you place on information or recommendation that Aina provides to you is at your own risk. You should use your own judgment and consider your individual needs, risks, and preferences when deciding how to apply any routine or product suggestion. Each user's skin and health circumstances are unique; before making significant changes to your regimen or addressing specific concerns, consider doing a patch test, reviewing product information and instructions, or consulting a qualified professional if needed. You are ultimately responsible for how you implement advice from Aina in real life.
AI-Generated Content and Disclaimers
AI-Powered Guidance: Aina uses artificial intelligence ("AI") to generate personalized beauty and wellness routines, product recommendations, and other content. Our AI system combines a pre-trained language model (via Azure OpenAI) with domain-specific insights curated by Aina's internal beauty science team to provide daily guidance. The AI may utilize inputs you provide – such as your profile details, skin type, health or wellness information, product inventory, current weather or environmental context, and real-time inputs like stress level or voice interactions – to tailor its suggestions. The result is a dynamic, customized routine or tip that is unique to your context. Aina's product database is built from publicly available information about cosmetics and wellness products to support these recommendations with ingredient and usage insights.
Aina's Advice Is Not Medical or Professional Advice: All content, recommendations, and guidance presented on Aina, whether generated by our AI, by "Muse Nodes" creators, or any other source within the App, are intended for informational and educational purposes only. They do not constitute medical, dermatological, or professional healthcare advice. Aina's AI-generated suggestions are not a substitute for professional advice, diagnosis, or treatment from a licensed physician, dermatologist, or healthcare provider. For specific concerns such as serious skin conditions, allergies, or health issues, always seek the advice of a qualified professional. Never disregard professional medical advice or delay seeking it because of something you read on Aina.
User Discretion: You should verify product suitability and routine changes for yourself. Perform patch tests for new products and consider any personal allergies or sensitivities. If a recommendation suggests a drastic change or something you are unsure about, for example, a supplement, or a skincare active ingredient, please use caution and possibly consult a professional. If you experience any adverse reactions or have a medical emergency, discontinue use of the advice and seek immediate help. For emergencies, call 911 or appropriate emergency services. Aina's content is meant to support your wellness journey but not to replace professional guidance in matters of health or well-being.
Quality of Information: While we strive to provide helpful and accurate information, Aina makes no guarantee that any AI-generated content is correct, up-to-date, or suitable for you. AI predictions or suggestions are based on patterns and data, and may occasionally be incorrect or inappropriate. The Aina Service may at times provide access to general medical or health-related information, but this is not personalized medical advice and you should not treat it as such. You assume full responsibility for how you choose to use or to not use the information Aina provides.
Purchases, Subscriptions, and Payments
Freemium Model: Aina operates on a freemium basis. Basic features of the Service are free to use, while certain premium features or content, such as advanced routines, exclusive "Muse Node" creator content, or enhanced AI capabilities, may require a paid subscription or one-time in-app purchases. We will clearly inform you of any features that require payment.
Subscriptions: If you choose to subscribe to an Aina premium plan, you will be charged the subscription fees disclosed at sign-up, e.g., monthly or annual fees.
Auto-Renewal: Paid subscriptions auto-renew for successive periods (e.g., monthly renews each month) unless you cancel. You authorize Aina and the App store platform, as applicable, to charge your provided payment method on a recurring basis without additional notice, until you cancel.
Cancellation: You can cancel a subscription at any time via your Apple App Store or Google Play account settings, or in-App when available. If you cancel, you will retain access to premium features until the end of the current billing period already paid for, and your subscription will not auto-renew thereafter. We do not typically provide prorated refunds for mid-period cancellations, except where required by law or platform policies. For example, if applicable law requires a refund for early cancellation, we will honor that. Apple App Store subscriptions are managed by Apple, and any refund requests are subject to Apple's App Store policies.
In-App Purchases: Aina may offer one-time in-app purchases for certain content or features (for instance, purchasing a specific routine plan, or buying a "Muse Node" package created by a third-party beauty creator). When you make an in-app purchase, you will be prompted to confirm the transaction and will be charged through the app store (Apple or Google) under the payment method you have on file. All purchases are final once confirmed, except as required by the app store's refund policy or applicable law. If a purchase involves third-party content (such as a creator's content module), you are buying a license to use that content within Aina, subject to these Terms and any additional terms presented at purchase. Aina reserves the right to offer promotions or adjust pricing for subscriptions and purchases. If pricing changes for your subscription, we will notify you and give you an opportunity to cancel before new rates apply.
Affiliate Commerce: Some product recommendations or shopping links provided in Aina may be affiliate links to third-party retailers or brand websites. This means if you click such a link and make a purchase, Aina or its affiliates might earn a commission or referral fee. We will endeavor to clearly label sponsored content or affiliate links in compliance with FTC disclosure guidelines (e.g., by tagging content as "Sponsored" or "Ad" where applicable).
No Endorsement: An affiliate or sponsored link does not constitute an endorsement by Aina of that third-party product or service. We do not guarantee the quality, safety, or suitability of products purchased via third-party links.
Third-Party Transactions: Any purchase you make with a third-party retailer is solely between you and that third-party retailer; Aina is not a party to such purchases or transactions. The third-party's terms of sale, return policy, and privacy policy will apply. Aina is not responsible for any issues arising from such transactions between you and a third-party retailer. For example, if you buy a skincare product via a link and it is defective or causes a reaction, that must be addressed by you with the third-party product manufacturer or seller.
Payment Processing and Security: All payments for subscriptions or purchases are processed by third-party platforms such as Apple or Google. Aina itself does not collect or store your credit card information for these in-App transactions. Please refer to the App store's terms for information on how they handle payments. We take steps to ensure that any in-App payment flows are secure. If you have any billing questions or disputes, you may contact us at billing@aina.ai. We can help liaise with the App platform to resolve issues where possible, but note that charges made through Apple App Store or Google Play are subject to those platforms' control. You are responsible for providing current, valid payment information and for any fees or charges incurred, including taxes where applicable.
User-Generated Content and License
Public Content Sharing: Aina allows users to create and share content, such as personalized routines, reviews of products, comments, posts, photos, videos, or custom "Muse Nodes" (AI personas or routines created by beauty creators). When you post content on Aina, you understand that this content may be visible to other users. For example, if you publish a skincare routine or comment publicly, then you grant Aina a worldwide, non-exclusive, royalty-free, sublicensable license to host, use, copy, display, reproduce, adapt, modify, translate, and distribute your user-generated content, as needed, to operate, improve, and promote the Service. By theseTerms of Service, you grant Aina a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such content within the App and for promotional purposes.This license allows us to display your content to other users, in accordance with any privacy settings or choices you make, and to create derivative works like thumbnails or excerpts for our platform. We do not claim ownership of your original content; you retain all ownership rights to the content you create and post, but Aina has a royalty-free license to use your original content. This license ends when you delete your content or account, except to the extent your content has been shared with others and they have not deleted it, or Aina used it in promotional materials already produced.
Content Guidelines: You are solely responsible for any content you upload or post. You represent that you have the necessary rights to post it. For example, that you own copyright in any photos you upload, or you have the copyright owner's permission. Do not post anything that: (a) infringes someone else's intellectual property or privacy rights, (b) contains another person's personal information without consent, (c) is defamatory, obscene, pornographic, harmful to minors, or illegal, (d) contains hate speech, harassment, or threats, or (e) violates any applicable law or regulation. Aina has zero tolerance for content that is exploitative, violent, or promotes self-harm or eating disorders. Content involving minors (under 18) should be shared only with appropriate consent and must never be sexual or exploitative in nature.
Moderation and Removal: Aina reserves the right (but not the obligation) to review, monitor, and moderate user-generated content. We may remove or disable access to any user content that we believe, in our discretion, violates these Terms or our standards, or for any reasonable reason. We may do so with or without notifying you. We may also terminate or suspend accounts that repeatedly violate content rules or intellectual property rights. If you believe another user's content violates your rights, for example, copyright infringement, please notify us via our Copyright Policy or contact support@aina.ai with details. We comply with the Digital Millennium Copyright Act (DMCA) and have procedures for removing infringing content and addressing repeat infringers.
Feedback: If you submit feedback or suggestions to us about how to improve Aina, we may use your feedback without obligation to you. Such feedback is appreciated but you understand we may already be considering similar ideas or that your suggestions become part of our product with no additional compensation to you.
Privacy and Data Usage
Your use of Aina is also governed by our Privacy Policy (see below), which describes how we collect, use, and protect your personal information. By using the Service, you also agree to the data practices described in the Privacy Policy. Please review it carefully. In summary, Aina collects certain data from you, such as profile information, health and beauty preferences, device and usage data, etc. in order to provide personalized routines and recommendations. We implement strong security measures to protect your data, including encryption and access controls, as detailed in the Privacy Policy. We do not sell your personal data to third parties. We only share your data in limited ways – for example, with service providers, like cloud hosting on Microsoft Azure or analytics services, that help us run the platform, or in an aggregated, anonymized form with brand partners to provide industry insights, e.g., trending skincare routines, without revealing individual identities.
By using Aina, you acknowledge and consent that Aina may process your information in accordance with our Privacy Policy. If you have any concerns about how Aina handles your data, please refer to the Privacy Policy section below for detailed information on: what data we collect, how we use it for personalization, improving the AI, support, etc., how you can access or delete your data, and your rights under various privacy laws, like California's CCPA/CPRA and the EU's GDPR. If you do not agree with our data practices and Privacy Policy, then do not use the Aina Service. For any privacy-related questions, you can contact us at privacy@aina.ai.
Account Termination and Deletion
Voluntary Deletion: You have the right to delete your account at any time if you no longer wish to use Aina. We provide an in-app option to request account deletion, in compliance with App Store requirements that allow you to delete an account from within the app, or you may contact support@aina.ai with a request. Upon verifying your request, we will deactivate or delete your account and remove or anonymize personal data associated with your profile, except for data we are required or permitted to retain by law or for legitimate business purposes. For example, we may keep transaction records for accounting, or retain backup copies for a limited time. Refer to our Privacy Policy for details on data retention. Note that content you have posted publicly, such as comments or routines, may remain visible to others even after your account is deleted, unless you remove it before deletion. We will mark such content with an anonymous username or remove it upon request if feasible.
Our Termination Rights: We reserve the right to suspend or terminate your access to the Aina Service or certain features of it, at our discretion, for any reason, including violation of these Terms of Service, unexpected technical issues, or discontinuation of the Service. We will endeavor to notify you via the email on your account of any permanent termination or if we discontinue the Service entirely. If your account is terminated by us for violations, you may not create a new account without our permission. In cases of minor or suspected violations, we might suspend your Service access temporarily, while we investigate. Aina is not liable to you for any loss of data or content resulting from a suspension or termination, so please keep your own backup of any personal content you wish to retain, such as journal entries or images you uploaded.
After Termination: Upon any termination of your account, these Terms of Service will cease to apply, except for any provisions that by their nature should survive termination, such as intellectual property rights, disclaimers of warranties, limitations of liability, and indemnification. If you later wish to rejoin Aina, then you will need to create a new account (unless banned) and agree to the then-current Terms.
Disclaimers of Warranties
Service is Provided "AS-IS": Aina's Service is provided on an "as is" and "as available" basis. While we strive to maintain a high-quality service, we make no warranty that Aina's Service will meet your expectations or achieve any specific results. In particular, we do not guarantee: (a) that the Service will be uninterrupted, timely, secure, or error-free, (b) that any content, including AI-generated routines or product recommendations, will be accurate, reliable, or suitable to your needs, or (c) that any defects in the Service will be corrected. All information and content provided through the Aina Service are subject to change and are provided without any warranty of any kind, either express or implied.
No Medical or Professional Warranty: To the fullest extent permitted by law, Aina disclaims all warranties related to professional advice. As noted, Aina's suggestions are not a licensed medical or health service. We do not warrant or represent that following any routine or using any product suggested by Aina will achieve your desired outcomes or be free of adverse effects. Always use your discretion and consult professionals as needed.
Implied Warranties: You understand that we expressly disclaim all implied warranties, such as the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. For example, we do not guarantee that any products recommended are appropriate for you or that the Aina Service's analytical insights will improve your wellness. The entire risk arising out of your use of Aina lies with you. That said, some jurisdictions do not allow exclusion of an implied warranty, so some of these exclusions may not apply to you. In such cases, our warranties are limited to the minimum scope permitted by law.
Third-Party Content: Aina may present content provided by third parties like beauty creators, other users, or linked external resources. We do not guarantee or warrant any third-party content, and we are not responsible for it. Your interactions with third-party content or services, even if discovered through Aina, are solely between you and that third party.
Limitation of Liability
Indirect Damages: To the maximum extent allowed by law, Aina Software USA Inc. and its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of (or inability to use) Aina or any content on the Service. This includes, for example, damages for loss of data, loss of goodwill, personal injury, pain and suffering, emotional distress, or economic loss, even if we have been advised of the possibility of such damages.
Total Liability Cap: In no event will our total liability for all claims relating to the Service exceed the amount (if any) you paid us to use the Service in the 12 months preceding the claim (or $50 USD if no such payments have been made). This means if you have paid $100 in subscription fees in the last year, that $100 is the most we could potentially owe you for all claims identified in that year. Some jurisdictions do not allow the limitation of certain liabilities, so this cap may not apply to you for certain types of claims. For example, in the EU, we do not seek to limit liability for death or personal injury caused by our negligence.
User's Responsibility: You agree that we are not liable for any damage resulting from: (a) any errors or omissions in any content or recommendations provided by Aina; (b) any action you take based on the information you receive through Aina; (c) any unauthorized access to or alteration of your transmissions or data; or (d) the conduct of any third party on the Service. You specifically acknowledge that Aina is not liable for defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you.
Applicability: The limitations and exclusions of liability in this section apply to the fullest extent permitted by applicable law. They apply to all claims, whether based in contract, tort (including negligence), strict liability, or any other legal theory. Each provision in this section that provides for a limitation of liability is intended to be severable and independent of any other provision and to be enforced as such.
Indemnification
You agree to indemnify, defend, and hold harmless Aina Software USA Inc., its subsidiary company, Aina Software Inc., their affiliates, and their respective directors, officers, employees, and agents (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, and expenses including reasonable attorneys' fees and court costs that arise out of or relate to: (a) your violation of these Terms of Service or of any law or regulation; (b) your infringement or violation of any rights of a third party, including intellectual property, privacy, or other proprietary rights, in connection with your use of the Aina App and Service; (c) any content that you post or share on Aina (including any claims that your content infringes or misuses a third party's rights or contains unlawful material); or (d) any fraud, misrepresentation, or misuse of the Service by you.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and doing so will not excuse your indemnity obligations. In that case, you agree to cooperate with our defense of those claims. You agree not to settle any such matter without the prior written consent of Aina. Your indemnification obligation hereunder will survive any termination of your account or of the Service.
Third-Party Links and Services
External Links: The Service may contain links to third-party websites or resources, including online stores, brand websites, articles, or other services not operated by Aina. These links are provided for your convenience or as part of affiliate/sponsored content. Aina does not control and is not responsible for third-party sites or resources. Different terms and privacy policies may apply to your use of any third-party content or services. When you follow a link to an external site, you do so at your own risk.
We do not endorse any third-party products or content that may be referenced or linked in Aina. Aina will not be liable for any damage or loss caused or alleged to be caused by or in connection with any use of such external websites or resources. If you leave our app to visit a third-party site (for example, to purchase a recommended product), you should read the terms and conditions and privacy policy of that site to understand your rights and obligations.
Third-Party Integrations: If Aina integrates with or uses third-party services as part of our functionality (for example, if we use an external payment processor, or allow you to share content to a social network), those third-party terms of service might also apply to you. For instance, purchasing through Apple's in-app payments binds you to Apple's payment terms. Likewise, if we use Azure OpenAI as part of our AI features, Microsoft's terms as a service provider govern their handling of data. We ensure any third-party service providers we use are bound to protect your data and only use it for the purposes we have contracted them to provide (see Privacy Policy for details).
App Store and Platform Terms
App Store Download: If you obtained the Aina app from the Apple App Store or Google Play Store, the following additional terms apply:
Apple iOS: You acknowledge that these Terms are an agreement between you and Aina Software USA Inc., not with Apple. Apple is not responsible for the Aina app and its content. However, Apple and its subsidiaries shall be considered third-party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
No Apple Warranty: To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to Aina, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure of Aina to conform to any warranty are our responsibility, not Apple's. You acknowledge that Apple has no obligation to furnish any maintenance or support services for the app. In the event of any failure of the Aina iOS app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the app. You agree to comply with the App Store Terms of Service when using the Aina App. Furthermore, you represent that you are not located in a country that is subject to a U.S.A. government embargo or designated as a "terrorist-supporting" country, and you are not on any U.S.A. government list of prohibited or restricted parties (this is required by Apple's terms). Any complaints or claims regarding Aina (e.g., product liability, legal compliance) are governed by these Terms of Service and should be directed to us, not Apple.
Google Play: If you downloaded Aina from Google Play, you acknowledge that Google has no control over or responsibility for the App's content or performance. You must comply with Google Play's terms of service/use. Google is not a party to these Terms of Service and has no obligations or liability under them. However, Google and its affiliates are third-party beneficiaries to this Agreement to the extent necessary to enforce their rights in the App. For example, our App must comply with Google Play policies, and by using it you agree to those policies as well.
App Updates: From time to time, we may issue patches, updates, or new versions of the mobile App through the App stores. Depending on your device settings, the App may automatically download and install updates, or you may have to manually initiate them. You agree to promptly install any updates to ensure proper functionality and security of the App. Failure to update may result in parts of the Service not working correctly.
Governing Law and Dispute Resolution
Governing Law: These Terms and any dispute arising out of or related to them or the Service will be governed by and construed in accordance with the laws of the State of Delaware and applicable U.S.A. federal law, without regard to its conflict of law principles. However, if you reside outside the U.S.A., you may be entitled to the protections of the mandatory consumer protection laws of your country of residence, and nothing in these Terms affects your rights under those laws.
Arbitration and Class Action Waiver (U.S.A. Users): This section may apply to U.S.A. users. For any dispute, claim, or controversy arising out of or relating to these Terms of Service or the use of the Aina App that involves a user in the U.S.A, the parties agree to attempt in good faith to settle the dispute by contacting each other (you can reach us at legal@aina.ai) and providing a written description of the issue and relevant documents. If we cannot resolve the dispute informally within 30 days, any unresolved controversy or claim may be settled by binding arbitration on an individual basis in accordance with the rules of the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (and, if the user is an individual, the AAA's Consumer Arbitration Rules, as applicable). Location: The arbitration will be conducted in the State of Delaware, or another mutually agreed location, or via teleconference for minor claims.
No Class Actions: You and Aina agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
Exceptions: Nothing in this clause prevents either party from seeking injunctive or equitable relief in a court to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property or proprietary rights. Additionally, disputes that qualify for small claims court may be brought in such courts.
Jurisdiction and Venue: If for any reason a dispute is not subject to arbitration, you and Aina agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Delaware. Both you and Aina consent to venue and personal jurisdiction there, and we each waive any objections on grounds of inconvenient forum.
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions of these Terms of Service will remain in full force and effect. Our failure to enforce any right or provision of these Terms of Service will not be considered to be a waiver of those rights.
Changes to the Terms
Aina may unilaterally modify these Terms of Service from time to time. When we do, we will post the updated Terms within the app or on our website and update the "Last Updated" date. If the changes are material, we will provide a more prominent notice (e.g., a pop-up or email notification). It is important that you review any updated Terms. By continuing to use the Aina App or web application after the new modified Terms of Service become effective, you agree to be bound by the revised Terms. If you do not agree to the update, then you must stop using the Service and, if applicable, cancel any subscriptions.
Contact Information
If you have any questions, concerns, or feedback regarding these Terms or the Service, please contact us:
Aina Software USA Inc.
Email: support@aina.ai (for general inquiries)
Legal/Privacy: legal@aina.ai or privacy@aina.ai
Mailing Address: 8 The Green, Suite B, Dover, DE 19901
Please allow up to 5 business days for email responses. We value our users and will do our best to address your questions promptly.