Terms of Service

1. Agreement to Terms

Welcome to Aion by Xheight. These Terms of Service ("Terms") govern your use of our website, products, and services, including Aion Sight, Aion Speak, and Aion Listen assistive technology devices (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services. These Terms apply to all users, including children, with additional protections outlined in Section 15.

2. Description of Services

Xheight provides innovative assistive technology through our Aion product line:

• Aion Sight: Visual assistance technology for individuals with visual impairments
• Aion Speak: Speech assistance technology for individuals with speech impairments
• Aion Listen: Hearing assistance technology for individuals with hearing impairments
• Website and Support: Online platform for product information, support, and community
• Software Updates: Regular updates to improve functionality and accessibility

Our Services are designed to enhance accessibility and independence for users of all ages and abilities.

3. User Accounts and Registration

3.1 Account Creation

• You must provide accurate and complete information when creating an account
• You are responsible for maintaining the security of your account credentials
• You must notify us immediately of any unauthorized access to your account
• One person or entity may maintain only one account

3.2 Minor Accounts

• Accounts for users under 13 require verifiable parental consent
• Parents/guardians have the right to review and control their child's account
• We may require additional verification for accounts of minors
• Special privacy protections apply to accounts of users under 18

3.3 Account Termination

You may delete your account at any time. We may suspend or terminate accounts that violate these Terms, but we will provide notice and opportunity to cure violations when possible.

4. Acceptable Use Policy

4.1 Permitted Uses

• Using Aion devices for their intended assistive purposes
• Accessing our website for information and support
• Participating respectfully in our community forums
• Providing feedback to help improve our Services
• Sharing your positive experiences with others

4.2 Prohibited Uses

You agree not to:

• Use our Services for any illegal or unauthorized purpose
• Attempt to reverse engineer, hack, or compromise our technology
• Share, sell, or redistribute our proprietary software
• Use our Services to harass, threaten, or harm others
• Upload malicious code or attempt to disrupt our systems
• Impersonate others or provide false information
• Use our Services in any way that could damage our reputation

5. Accessibility and Safety

5.1 Our Commitment

• We strive to make our Services accessible to users with all types of disabilities
• Our website complies with WCAG 2.1 AA accessibility standards
• We provide alternative formats for content upon request
• We continuously improve accessibility based on user feedback

5.2 Safety Guidelines

• Always follow device-specific safety instructions and warnings
• Do not use Aion devices in situations where full attention is required for safety
• Consult healthcare providers about medical device interactions
• Report any safety concerns immediately to our support team
• Keep devices charged and properly maintained for optimal safety

6. Privacy and Data Protection

Your privacy is fundamental to our mission. Our data practices are governed by our Privacy Policy, which is incorporated into these Terms by reference. Key principles include:

• Local Processing: Sensitive data (voice, visual, audio) is processed locally on your device
• Data Minimization: We collect only data necessary for our Services
• Transparency: You always know what data we collect and why
• Control: You can access, modify, or delete your data at any time
• Security: We use industry-leading security measures to protect your information

7. Intellectual Property Rights

7.1 Our Rights

All content, software, designs, and technology associated with our Services are owned by Xheight or our licensors and are protected by intellectual property laws. This includes:

• Aion device hardware and software
• Website content, design, and functionality
• Trademarks, logos, and brand elements
• Proprietary algorithms and accessibility technologies
• Documentation, manuals, and support materials

7.2 Your Rights

• You own the data you create while using our Services
• You may use our Services for personal, non-commercial purposes
• You may share your experiences and reviews of our products
• You retain rights to any feedback or suggestions you provide

7.3 Reporting Infringement

If you believe your intellectual property rights have been violated, contact us at legal@xheight.com with detailed information about the alleged infringement.

8. Payment Terms and Refunds

8.1 Pricing and Payment

• All prices are listed in US dollars unless otherwise specified
• Payment is due at the time of purchase
• We accept major credit cards and other payment methods as available
• Prices may change with notice, but existing orders are honored at purchase price

8.2 Refund Policy

• 30-Day Return Policy: Full refund for undamaged devices returned within 30 days
• Accessibility Guarantee: Extended return period if device doesn't meet accessibility needs
• Defective Products: Full refund or replacement for manufacturing defects
• Shipping Costs: We cover return shipping for defective or incorrectly shipped items

8.3 Subscription Services

Some Services may be offered on a subscription basis. Subscription terms, including renewal and cancellation policies, will be clearly disclosed at the time of purchase.

9. Warranties and Disclaimers

9.1 Limited Warranty

We warrant that Aion devices will be free from defects in materials and workmanship for one (1) year from the date of purchase. This warranty covers:

• Manufacturing defects in hardware components
• Software functionality as described in product documentation
• Compliance with published accessibility standards

9.2 Warranty Exclusions

This warranty does not cover:

• Damage from misuse, accidents, or normal wear and tear
• Unauthorized modifications or repairs
• Software issues caused by third-party applications
• Cosmetic damage that doesn't affect functionality

9.3 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of Liability

Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you. This limitation of liability is fundamental to our ability to provide Services at reasonable cost.

11. Indemnification

You agree to indemnify and hold harmless Xheight, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of our Services in violation of these Terms
• Your violation of any law or regulation
• Your violation of any rights of a third party
• Any content you submit through our Services

This indemnification obligation does not apply to claims arising from our gross negligence or willful misconduct.

12. Dispute Resolution

12.1 Informal Resolution

Before pursuing formal legal action, we encourage you to contact us at support@xheight.com to resolve any disputes informally. We commit to responding within 5 business days and working in good faith to resolve issues.

12.2 Binding Arbitration

Any disputes that cannot be resolved informally will be settled through binding arbitration under the rules of the American Arbitration Association. This agreement to arbitrate does not apply to:

• Claims for injunctive or equitable relief
• Disputes involving intellectual property rights
• Small claims court actions
• Claims by or on behalf of minors (subject to parental/guardian approval)

12.3 Class Action Waiver

You agree that any arbitration or legal proceeding will be conducted on an individual basis and not as part of a class action, except where prohibited by law or for claims involving minors.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of [State], United States, without regard to conflict of law principles. Any legal proceedings not subject to arbitration will be conducted in the courts of [State/County], and you consent to personal jurisdiction in those courts.

However, we recognize that users may be located worldwide, and we will make reasonable accommodations for international users in dispute resolution processes.

14. Accessibility Accommodations

We are committed to ensuring these Terms are accessible to all users. If you need this document in an alternative format, please contact us at accessibility@xheight.com. We provide:

• Large print versions
• Audio recordings
• Braille versions (upon request)
• Plain language summaries
• Sign language interpretation for video explanations

We also provide reasonable accommodations in all aspects of our business relationship, including dispute resolution procedures.

15. Special Provisions for Minors

15.1 Parental Consent

• Users under 13 require verifiable parental consent before using our Services
• Users 13-17 should have parental guidance and may require parental consent for certain features
• Parents/guardians have the right to review and control their child's use of our Services

15.2 Enhanced Protections

• Stronger privacy protections and data minimization for minors
• No targeted advertising to users under 18
• Age-appropriate content and communication
• Easy mechanisms for parents to control or delete accounts

15.3 Educational Use

We encourage the use of our assistive technologies in educational settings and provide special terms and support for schools and educational institutions.

16. Termination

16.1 Termination by You

You may stop using our Services at any time. To delete your account, contact us at support@xheight.com or use the account deletion feature in your user settings.

16.2 Termination by Us

We may suspend or terminate your access to our Services if you violate these Terms. Before termination, we will:

• Provide notice of the violation
• Give you an opportunity to cure the violation (when appropriate)
• Allow you to export your data
• Provide a fair appeals process

16.3 Effect of Termination

Upon termination, your right to use our Services will cease immediately, but these Terms will continue to apply to your prior use of the Services. We will delete your personal data in accordance with our Privacy Policy and applicable law.

17. Updates to These Terms

We may update these Terms periodically to reflect changes in our Services, legal requirements, or business practices. When we make changes:

• We will post the updated Terms on our website with a new effective date
• We will notify you via email or prominent website notice for material changes
• You will have 30 days to review changes before they take effect
• Continued use of our Services after the effective date constitutes acceptance
• You may terminate your account if you disagree with changes

18. Entire Agreement and Severability

These Terms, together with our Privacy Policy and any additional terms for specific Services, constitute the entire agreement between you and Xheight. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

No waiver of any term or condition will be deemed a further or continuing waiver of such term or any other term.

19. Contact Information

If you have questions about these Terms of Service, please contact us:

For accessibility-related questions or to request these Terms in alternative formats, contact accessibility@xheight.com.