These Terms of Service (the “Terms”) form a binding agreement between you and Nouvèl Ayiti Corporation, a Florida nonprofit corporation (“Nouvèl Ayiti,” “we,” “our,” or “us”), governing your access to and use of the website at ayiti.com, the Ayiti mobile application, the Safety map, Community Reports, Personal Requests, Projects, Connection, the National Phonebook, Preparedness, the Liv Nouvèl Ayiti AI companion, and any related services we offer (collectively, the “Services”).
1. Acceptance of these terms
By creating an account, downloading the Ayiti app, accessing ayiti.com, submitting a Community Report, or otherwise using the Services, you agree to these Terms and to our Privacy Policy, Cookie Policy, Acceptable Use Policy, and Safety & Information Disclaimer, each of which is incorporated into these Terms by reference. If you do not agree, do not use the Services.
2. Who we are
Nouvèl Ayiti Corporation is incorporated under Chapter 617 of the Florida Statutes and operates from 390 NE 191st St #63503, Miami, Florida 33179. We are preparing to submit IRS Form 1023 seeking recognition as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code, but we have not yet filed it; we are not yet recognized as a 501(c)(3) public charity, and any statements about our future tax status are forward-looking and not guarantees.
3. Eligibility
You must be at least 13 years old to use the Services. If you are between 13 and 18 (or the age of majority in your jurisdiction), you may only use the Services with the involvement of a parent or legal guardian who agrees to these Terms on your behalf. When contributions open, only persons 18 years of age or older may make a contribution. You represent that you are not barred from using the Services under applicable law, that you are not located in a country subject to U.S. government embargo, and that you are not on any U.S. government list of prohibited or restricted parties.
4. Accounts and security
Some features require an account. You agree to provide accurate information, to keep your credentials confidential, and to notify us immediately at alo@ayiti.org of any unauthorized use. You are responsible for activity that occurs through your account unless you have notified us of a compromise. We may refuse, suspend, or terminate accounts at our discretion, including to comply with law.
5. License to use
Subject to your compliance with these Terms, we grant you a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services for your own non-commercial purposes. All right, title, and interest in the Services, including the Nouvèl Ayiti and Ayiti names, logos, look and feel, software, and content we create, remain ours or our licensors’. Nothing in these Terms transfers any intellectual property rights to you.
6. User content
The Services let you submit content, including Community Reports, photographs, text messages, profile information, requests, project posts, and contact entries (collectively, “User Content”). You retain ownership of your User Content.
You grant Nouvèl Ayiti a worldwide, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify (for formatting and translation), publish, publicly display, publicly perform, and distribute your User Content for the purpose of operating, providing, improving, and promoting the Services, and to comply with legal obligations. This license ends a reasonable period after you delete the User Content, except to the extent the content has been shared with others who have not deleted it, or where we are required to retain it.
You represent and warrant that you have all rights necessary to grant this license, that your User Content does not infringe any third-party rights, and that it complies with our Acceptable Use Policy. We may, but are not required to, review, screen, or remove User Content at any time.
7. Community Reports and Safety map
Community Reports are crowd-sourced. To preserve accuracy, reports can only be submitted from the location they describe and are aggregated before being reflected on the Safety map. We do not verify the truth or accuracy of any individual report. The Safety map is informational. It is not an emergency-notification system, an official advisory, or a substitute for instructions from local authorities. If you are in danger, contact local emergency services. See our Safety & Information Disclaimer.
8. National Phonebook
The National Phonebook is a directory of organizations and services. Inclusion is not an endorsement, and the operation, pricing, availability, and policies of listed third parties are theirs alone. You are responsible for your interactions with them.
9. Liv Nouvèl Ayiti AI companion
The Liv Nouvèl Ayiti companion uses automated language models to help you navigate the handbook. Its responses are generated, may contain errors, and are provided for informational purposes only. They are not legal advice, medical advice, financial advice, or professional advice of any kind. Do not rely on them as a substitute for consultation with a qualified professional. Conversations may be logged to improve safety and quality; see our Privacy Policy.
10. Contributions
Contributions are not yet open. Nouvèl Ayiti Corporation has not yet filed IRS Form 1023 seeking recognition as exempt under Section 501(c)(3) and is preparing to register under the Florida Solicitation of Contributions Act (Chapter 496, Florida Statutes) with the Florida Department of Agriculture and Consumer Services (FDACS). Until those steps are complete, contributions are not tax-deductible and we are not soliciting. When contributions open, they will be governed by the Donor & Refund Policy.
11. Third-party services
The Services rely on third parties, including Stripe, Inc. for payment processing when contributions are open, cloud-hosting and content-delivery providers, mapping providers, analytics providers, and authentication providers. Their services are governed by their own terms and privacy policies, which we do not control. We are not responsible for the acts or omissions of third parties.
12. Prohibited conduct
You agree not to violate our Acceptable Use Policy, which includes (without limitation) submitting false reports, harassing or doxing other people, scraping or otherwise extracting data by automated means without our written permission, attempting to bypass technical protections, interfering with the Services, impersonating another person, posting another person’s private information without their consent, and using the Services to facilitate illegal activity.
13. Suspension and termination
We may suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe you have violated these Terms or applicable law, or to protect the Services or other users. You may stop using the Services at any time. Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnity, governing law, and arbitration) survive.
14. Disclaimers
The Services and all content are provided “as is” and “as available” without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, reliability, availability, security, or freedom from error. We do not warrant that the Services will meet your requirements, that any defects will be corrected, that the Services or the servers that make them available are free of viruses or other harmful components, or that any information you receive through the Services is accurate or timely. Your use of the Services is at your sole risk.
15. Limitation of liability
To the fullest extent permitted by law, in no event will Nouvèl Ayiti Corporation, its directors, officers, employees, volunteers, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or use, arising out of or relating to your access to or use of the Services, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the Services will not exceed one hundred U.S. dollars ($100). The limitations in this Section apply to the maximum extent permitted by applicable law and survive termination.
16. Indemnification
You agree to defend, indemnify, and hold harmless Nouvèl Ayiti Corporation and its directors, officers, employees, volunteers, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your User Content, your use of the Services, your violation of these Terms, or your violation of any law or third-party right.
17. Governing law and venue
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Subject to the arbitration provision below, the state and federal courts located in Miami-Dade County, Florida shall have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to personal jurisdiction and venue in those courts.
18. Arbitration and class-action waiver
Please read this Section carefully — it affects your legal rights.Any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a “Dispute”) will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that small-claims actions and actions to enjoin infringement of intellectual property may be brought in court. Arbitration will take place in Miami-Dade County, Florida, or by remote means.
Class-action waiver. You and Nouvèl Ayiti agree that each may bring Disputes only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative action. The arbitrator may not consolidate claims and may not preside over any form of representative or class proceeding.
30-day opt-out. You may opt out of this arbitration and class-action waiver by sending written notice to alo@ayiti.org within 30 days after you first accept these Terms, including your full name and a clear statement that you wish to opt out. Opting out will not affect any other part of these Terms.
19. Changes to these terms
We may update these Terms from time to time. If we make material changes, we will post the updated Terms here and update the “Last updated” date above; for significant changes, we will provide additional notice (for example, by email or in-app banner). Your continued use of the Services after the effective date of an update constitutes your acceptance of the updated Terms.
20. Miscellaneous
These Terms, together with the policies incorporated by reference, are the entire agreement between you and Nouvèl Ayiti regarding the Services and supersede any prior agreements. If any provision is held unenforceable, the remaining provisions will remain in full force, and the unenforceable provision will be modified to the minimum extent necessary. Our failure to enforce a right is not a waiver. You may not assign these Terms; we may assign them without restriction. Notices to you may be sent through the Services or to the contact information associated with your account.
21. Contact
Nouvèl Ayiti Corporation
390 NE 191st St #63503, Miami, FL 33179
alo@ayiti.org · +1 786 509 9939
This policy is provided in English as the authoritative version. Translations are made available for accessibility; in the event of any conflict between the English text and a translation, the English text governs.
This document is published for transparency and is not legal advice to you.