Terms of Service

1. Introduction

Welcome to Signal Flare, a service operated by AIOcean ("we", "us", "our"). These Terms of Service ("Terms") govern your access to and use of Signal Flare's services, website, and applications (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. User Accounts

To use certain features of the Service, you must create an account. You must be at least the minimum age required by applicable law in your jurisdiction to create an account. If you are under 18, you may use the Service only with parental or guardian consent. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3. Privacy and Data

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Service, you consent to our collection and use of your data as described in the Privacy Policy. This Service complies with applicable data protection laws, including GDPR where applicable. We implement appropriate security measures to protect your data, but we cannot guarantee absolute security.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You may not use the Service to transmit any harmful, offensive, or illegal content; interfere with or disrupt the Service; or attempt to gain unauthorized access to our systems. We reserve the right, in our reasonable discretion, to suspend or terminate accounts that violate these terms.

5. Intellectual Property

The Service and its original content, features, and functionality are owned by AIOcean and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You retain ownership of the content you create using the Service, but grant us a non-exclusive, worldwide, royalty-free license to use, store, and display that content solely as necessary to provide and improve the Service.

6. Payment, Subscriptions, and Refunds

Some features of the Service require payment. Payments are processed by Paddle.com, our merchant of record. By subscribing to a paid plan, you agree to pay the fees specified for that plan. Subscription fees are billed in advance on a recurring basis. You authorize us to charge your payment method automatically for recurring payments. Paid subscriptions automatically renew until cancelled. You may cancel your subscription at any time by contacting us at least 48 hours before the end of the current billing period. We reserve the right to change our pricing with at least 30 days' notice.

Refund Policy: We offer a full refund within 14 days of purchase, no questions asked. If you are not satisfied with your purchase, please contact us at my.aiocean@gmail.com to request a refund.

7. Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will make reasonable efforts to provide advance notice of any significant changes that materially affect your use of the Service. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

8. Termination

We may terminate or suspend your account and access to the Service immediately in cases of serious violation of these Terms. For other violations, we will provide reasonable notice where practicable before taking action. Upon termination, your right to use the Service will immediately cease. You may also terminate your account at any time by contacting us or through your account settings. All provisions of these Terms that should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

9. Disclaimers

To the fullest extent permitted by applicable law, the Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the Service will be uninterrupted, secure, or error-free. We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the extent permitted by law. Your use of the Service is at your sole risk.

10. Limitation of Liability

To the maximum extent permitted by applicable law, AIOcean shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of the Service. Our total liability shall not exceed the amount you paid us in the twelve months preceding the claim.

Nothing in these Terms shall limit liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or willful misconduct; or (d) any other liability that cannot be excluded or limited under applicable law.

11. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

12. Dispute Resolution

Informal Resolution: Before filing any formal dispute, you agree to first contact us at my.aiocean@gmail.com and attempt to resolve the dispute informally for at least 30 days.

Arbitration: If the dispute cannot be resolved informally, any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration in accordance with the rules of a mutually agreed arbitration body. The arbitration shall be conducted in English.

Class Action Waiver: To the fullest extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If this waiver is found to be unenforceable, this arbitration clause shall be null and void.

Exception: Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Service.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Delaware for the purpose of litigating disputes not subject to arbitration.

Notwithstanding the foregoing, if you are a consumer residing in a jurisdiction with mandatory consumer protection laws, those laws shall apply to the extent required, and nothing in these Terms shall affect your statutory rights as a consumer that cannot be waived or limited by contract.

14. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a prominent notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service and may request account deletion.

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Service, constitute the entire agreement between you and AIOcean concerning your use of the Service and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written.