Terms of Service

These Terms of Service (the "Terms") are a binding contract between you and Zephyr Cloud Inc. ("Zephyr Cloud," "we," "us," and "our"). Your use of the AI Platform in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the AI Platform. These Terms include the provisions in this document as well as those in the Privacy Policy and any other relevant policies.

Please read these Terms carefully. They cover important information about the AI Platform provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, automatic renewal, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE AI PLATFORM ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE AI PLATFORM IN ANY MANNER.

These Terms govern the hosted AI Platform and related services. TheMiniapp SDK License distributed with the Miniapp SDK package separately governs the Miniapp SDK, including SDK licensing, permitted object-code distribution, and SDK-specific limitations of liability and dispute terms. If these Terms conflict with the Miniapp SDK License on one of those SDK-specific subjects, the Miniapp SDK License controls. These Terms continue to control Accounts, Subscriptions, and use of the hosted AI Platform and services.

1. Definitions

"AI Platform" means Zephyr Cloud's proprietary software application, available as a desktop application and mobile application, and all related services, features, content, and functionality provided by Zephyr Cloud.

"Account" means your registered user account for the AI Platform.

"Content" means all materials displayed, performed, or available on or through the AI Platform, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Content, and other content.

"Miniapp SDK" means the @theaiplatform/miniapp-sdk package and its accompanying SDK documentation and files.

"User Content" means any data, information, content, or other material provided, uploaded, created, or submitted by you to the AI Platform in the course of using the AI Platform.

"Subscription" means your paid subscription to access and use the AI Platform, as further described in Section 3.

2. Account Registration and Security

2.1 Account Creation. To access and use the AI Platform, you must create an Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your Account password and for any activities or actions under your Account. You agree not to disclose your password to any third party and to notify us immediately of any unauthorized use of your Account.

2.2 Eligibility. You must be at least 18 years of age to use the AI Platform. By agreeing to these Terms, you represent and warrant that you are at least 18 years of age.

2.3 Account Responsibility. You are responsible for all activity that occurs under your Account, whether or not you authorized such activity. You agree that Zephyr Cloud is not responsible for any unauthorized access to your Account.

3. Subscription and Payment Terms

3.1 Subscription Plans. The AI Platform is offered on a subscription basis. Available subscription plans, pricing, and features are described on our pricing page athttps://theaiplatform.app/pricing (the "Pricing Page"). By subscribing to the AI Platform, you agree to pay the applicable subscription fees as set forth on the Pricing Page.

3.2 Billing and Payment. Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your selected plan). You authorize us to charge your selected payment method for all subscription fees. If automatic billing fails for any reason, we may attempt to charge your payment method again or suspend your access to the AI Platform until payment is received.

3.3 Automatic Renewal. Your Subscription will automatically renew at the end of each billing period (monthly or annual, as applicable) unless you cancel your Subscription before the renewal date. You will be charged the then-current subscription fee for the renewal period. We may change subscription fees upon renewal, and we will provide you with advance notice of any fee changes.

3.4 Cancellation. You may cancel your Subscription at any time through your Account settings or by contacting us atlegal@theaiplatform.app. If you cancel, your Subscription will remain active until the end of your current billing period, and you will not be charged for subsequent billing periods. We do not provide refunds or credits for partial billing periods.

3.5 Free Trials. We may offer free trials from time to time. If you sign up for a free trial, you will have access to the AI Platform for the specified trial period. At the end of the trial period, you will automatically be charged the applicable subscription fee unless you cancel before the trial period ends.

3.6 Taxes. All fees are exclusive of applicable federal, state, local, and foreign taxes, levies, or duties. You are responsible for paying all such taxes, levies, or duties.

4. License Grant and Restrictions

4.1 License Grant. Subject to your compliance with these Terms and payment of applicable fees, Zephyr Cloud grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the AI Platform on your personal desktop and mobile devices solely for your personal or internal business purposes.

4.2 License Restrictions. You agree not to, and you will not permit others to:

• (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the AI Platform or make the AI Platform available to any third party;
• (b) modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the AI Platform;
• (c) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on the AI Platform;
• (d) use non-public technology or information obtained through the AI Platform to extract or substantially reproduce material non-public Zephyr Cloud technology in an SDK, platform, marketplace, runtime, service, or other substitute offering;
• (e) use the AI Platform in any manner that violates any applicable law or regulation;
• (f) use the AI Platform to store, process, or transmit any viruses, worms, time bombs, Trojan horses, or other harmful or malicious code;
• (g) interfere with or disrupt the integrity or performance of the AI Platform;
• (h) attempt to gain unauthorized access to the AI Platform or its related systems or networks;
• (i) use unauthorized, automated, adversarial, or high-volume access to map or substantially reproduce material non-public architecture, workflows, interfaces, behavior, or capabilities of the AI Platform;
• (j) use any automated means (including bots, scrapers, or spiders) to access, monitor, or copy any part of the AI Platform except through a public, documented interface or another method we expressly authorize; or
• (k) share your Account credentials or otherwise allow any other person to access the AI Platform using your Account.

These restrictions do not prohibit ordinary lawful applications, independent implementation of interoperability through public documented interfaces, good-faith research, public criticism, noncompetitive model development, or truthful public benchmarking that discloses material methodology and limitations. An application does not violate this Section merely because it provides functionality similar to another application, charges fees, or competes with another application.

4.3 Miniapp SDK. The license in Section 4.1 does not grant rights to the Miniapp SDK. Your download, installation, access, or use of the Miniapp SDK is governed by the Miniapp SDK License distributed with the package. Rights to distribute software that incorporates or interacts with the Miniapp SDK are determined exclusively under that license.

5. Regulated, High-Impact, and Acceptable Use

5.1 Permitted at Your Risk. We do not prohibit use of the AI Platform merely because a use is high-impact or regulated. You may use the AI Platform in healthcare, financial services, employment, education, housing, insurance, legal services, public benefits, safety-critical operations, or other regulated or consequential settings where lawful, but you do so at your own risk.

5.2 Your Compliance Responsibilities. You are solely responsible for determining whether your use is appropriate and lawful, obtaining required authorizations, licenses, notices, consents, and agreements, configuring providers and security controls, protecting sensitive information, and complying with professional standards and all applicable laws and regulations. Availability of the AI Platform does not represent that it is certified or suitable for your regulated use.

5.3 Professional and Human Review. AI output is not legal, medical, financial, employment, insurance, safety, or other professional advice. You must use qualified professional review and meaningful human oversight before relying on output for a decision that may materially affect a person's rights, health, safety, finances, employment, education, housing, insurance, access to services, or other significant interests. You must not use the AI Platform as the sole basis for such a decision.

5.4 Sensitive and Regulated Information. You may process sensitive or regulated information only when you have lawful authority to do so and the selected providers, tools, integrations, plan, and security configuration support your obligations. You are responsible for data minimization, access controls, retention, required agreements, and any notices or consent. Do not submit information when you lack the necessary rights or when a selected service does not support your requirements.

5.5 Acceptable Use. You agree to use the AI Platform only for lawful purposes, in accordance with these Terms and ourAcceptable Use Policy. You agree not to use the AI Platform:

• (a) in any way that violates any applicable federal, state, local, or international law or regulation;
• (b) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent;
• (c) to impersonate or attempt to impersonate Zephyr Cloud, a Zephyr Cloud employee, another user, or any other person or entity;
• (d) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the AI Platform, or which, as determined by us, may harm Zephyr Cloud or users of the AI Platform or expose them to liability;
• (e) in any manner that could disable, overburden, damage, or impair the AI Platform or interfere with any other party's use of the AI Platform; or
• (f) to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the AI Platform, the server on which the AI Platform is stored, or any server, computer, or database connected to the AI Platform.

5.6 Violations. A violation of the foregoing or the Acceptable Use Policy is grounds for immediate termination of your right to use or access the AI Platform.

6. User Content

6.1 Ownership. You retain all right, title, and interest in and to your User Content, including all intellectual property rights therein. You, not Zephyr Cloud, are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all User Content.

6.2 License to Zephyr Cloud. By uploading, submitting, or creating User Content through the AI Platform, you grant Zephyr Cloud a limited, non-exclusive, royalty-free, worldwide license to access, use, store, reproduce, modify, and display your User Content solely to the extent necessary to:

• (a) provide, maintain, and improve the AI Platform;
• (b) comply with applicable laws and legal processes; and
• (c) enforce these Terms.

6.3 No Training Rights. Zephyr Cloud will not use your User Content to train, improve, or develop artificial intelligence models or algorithms, whether for your benefit or for use with other customers, without your express written consent.

6.4 Local Processing. The AI Platform processes your User Content locally on your device. Zephyr Cloud does not access, collect, or store User Content on its servers except as necessary to provide specific features you elect to use (such as cloud sync or backup features, if available) or as otherwise described in our Privacy Policy.

6.5 Aggregated Data. Zephyr Cloud may collect and use aggregated, anonymized, or de-identified data derived from your use of the AI Platform, provided that such data: (i) does not identify you or any specific individual; (ii) cannot be reverse-engineered or re-identified to reveal your identity or personal information; and (iii) is combined with data from multiple users such that your individual contribution cannot be isolated. Zephyr Cloud may use such aggregated data for any lawful business purpose, including to improve the AI Platform and for analytics.

6.6 Responsibility. You are solely responsible for your User Content and the consequences of posting, uploading, or creating it. You represent and warrant that you have all rights necessary to grant the licenses in this Section 6 and that your User Content does not violate these Terms or any applicable law or third-party rights.

6.7 No Obligation to Monitor. Zephyr Cloud has no obligation to monitor User Content. However, we reserve the right to review, remove, or disable access to any User Content at any time and for any reason, including if we believe it violates these Terms or applicable law.

7. Intellectual Property Rights

7.1 Zephyr Cloud's Rights. The AI Platform and all Content (excluding User Content) are owned by Zephyr Cloud and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Zephyr Cloud reserves all rights not expressly granted to you in these Terms.

7.2 Trademarks. Zephyr Cloud's name, logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Zephyr Cloud or its affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans mentioned on the AI Platform are the trademarks of their respective owners.

7.3 Feedback. If you provide us with any feedback, suggestions, improvements, enhancements, or feature requests relating to the AI Platform (collectively, "Feedback"), you hereby grant Zephyr Cloud a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, distribute, display, perform, and otherwise exploit the Feedback for any purpose without restriction or compensation to you.

8. Privacy

Your use of the AI Platform is subject to ourPrivacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of information.

9. Third-Party Services and Links

9.1 Third-Party Services. The AI Platform may integrate with or provide access to third-party services, websites, or applications. Your use of such third-party services is governed by the terms and conditions and privacy policies of those third parties. Zephyr Cloud is not responsible for and does not endorse any third-party services.

9.2 Links. The AI Platform may contain links to third-party websites or resources. You acknowledge and agree that Zephyr Cloud is not responsible or liable for: (a) the availability or accuracy of such websites or resources; or (b) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Zephyr Cloud.

9.3 Release. You release Zephyr Cloud from any and all liability arising from your use of any third-party website, service, or content accessed through the AI Platform.

10. Disclaimers

10.1 "AS-IS" Basis. THE AI PLATFORM AND ALL CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE AI PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

10.2 No Guarantees. ZEPHYR CLOUD MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR OUTPUT PROVIDED BY THE AI PLATFORM. YOU ACKNOWLEDGE THAT THE AI PLATFORM MAY PRODUCE INACCURATE, INCOMPLETE, OR INAPPROPRIATE RESULTS, AND YOU AGREE TO INDEPENDENTLY VERIFY AND EVALUATE ALL OUTPUT FROM THE AI PLATFORM BEFORE RELYING ON IT.

10.3 AI Limitations. YOU ACKNOWLEDGE THAT THE AI PLATFORM USES ARTIFICIAL INTELLIGENCE TECHNOLOGIES THAT MAY PRODUCE UNEXPECTED, INCORRECT, OR HARMFUL RESULTS. HIGH-IMPACT OR REGULATED USES ARE AT YOUR OWN RISK. YOU AGREE NOT TO RELY ON THE AI PLATFORM AS THE SOLE BASIS FOR ANY DECISION WITHOUT APPROPRIATE PROFESSIONAL AND INDEPENDENT HUMAN REVIEW AND VERIFICATION.

10.4 User Content. ZEPHYR CLOUD MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING USER CONTENT AND IS NOT RESPONSIBLE FOR THE ACCURACY, LEGALITY, OR APPROPRIATENESS OF ANY USER CONTENT.

10.5 State Law Variations. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, ZEPHYR CLOUD'S WARRANTIES ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

11. Limitation of Liability

11.1 Exclusion of Damages. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL ZEPHYR CLOUD, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS (COLLECTIVELY, THE "ZEPHYR CLOUD PARTIES") BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ZEPHYR CLOUD PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

11.2 Liability Cap. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE ZEPHYR CLOUD PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE AI PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED DOLLARS ($100); OR (B) THE TOTAL AMOUNT PAID BY YOU TO ZEPHYR CLOUD FOR THE AI PLATFORM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

11.3 Essential Purpose. YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION 11 ARE ESSENTIAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND ZEPHYR CLOUD AND THAT ZEPHYR CLOUD WOULD NOT PROVIDE THE AI PLATFORM WITHOUT THESE LIMITATIONS.

11.4 State Law Variations. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Zephyr Cloud Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of or inability to use the AI Platform; (b) your User Content; (c) your violation of these Terms; (d) your violation of any rights of another party, including any users; or (e) your violation of any applicable laws, rules, or regulations. Zephyr Cloud reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Zephyr Cloud in asserting any available defenses.

13. Term and Termination

13.1 Term. These Terms commence when you first access or use the AI Platform and continue until terminated in accordance with this Section 13.

13.2 Termination by You. You may terminate these Terms at any time by canceling your Subscription, closing your Account, and ceasing all use of the AI Platform. To close your Account, please contact us atlegal@theaiplatform.app.

13.3 Termination by Zephyr Cloud. Zephyr Cloud may suspend or terminate your access to the AI Platform at any time, with or without cause, and with or without notice, including if we believe you have violated these Terms. Upon termination for cause, you will not be entitled to any refund of prepaid subscription fees.

13.4 Effect of Termination. Upon termination of these Terms:

• (a) your license to use the AI Platform will immediately terminate;
• (b) you must cease all use of the AI Platform and delete all copies of the AI Platform from your devices;
• (c) Zephyr Cloud may delete your Account and any User Content associated with your Account; and
• (d) all provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, limitations of liability, and dispute resolution provisions.

13.5 Data Export. Before terminating your Account, you should export and save any User Content you wish to retain. The AI Platform may include functionality to export your User Content. Once your Account is terminated, Zephyr Cloud will have no obligation to maintain or provide any User Content, and Zephyr Cloud may delete all User Content associated with your Account unless otherwise required by law.

14. Changes to the AI Platform and Terms

14.1 Changes to AI Platform. We are constantly improving the AI Platform, and the AI Platform may change over time. We may add, modify, or remove features or functionality, suspend or discontinue the AI Platform (or any part thereof), or impose limits on certain features. We will attempt to provide you with reasonable notice of material changes that adversely affect you, but we are not obligated to do so.

14.2 Changes to Terms. We may modify these Terms from time to time. If we make material changes to these Terms, we will notify you by posting the updated Terms on our website or through the AI Platform and updating the "Last Updated" date above. Your continued use of the AI Platform after we post modified Terms constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the AI Platform.

15. Dispute Resolution and Arbitration

15.1 Informal Resolution. Before filing a claim, you agree to try to resolve the dispute informally by contacting us atlegal@theaiplatform.app. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within sixty (60) days after submission, you or Zephyr Cloud may bring a formal proceeding.

15.2 Binding Arbitration. You and Zephyr Cloud agree that any dispute, claim, or controversy arising out of or relating to these Terms or the AI Platform (collectively, "Disputes") will be settled by binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services) in accordance with its Streamlined Arbitration Rules and Procedures, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

15.3 Arbitration Rules. The arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures (the "JAMS Rules"), which are available atwww.jamsadr.com. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held in New Castle County, Delaware, unless the parties agree otherwise or the arbitrator determines that a different location is more appropriate under the circumstances.

15.4 Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules.

15.5 Class Action Waiver. YOU AND ZEPHYR CLOUD 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. Unless both you and Zephyr Cloud agree otherwise, 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.

15.6 Severability. If any part of this Section 15 is found to be invalid or unenforceable, the remainder of this Section 15 will continue to apply, except that if the Class Action Waiver in Section 15.5 is found to be invalid or unenforceable, this entire Section 15 (except for Section 15.1) will be null and void.

15.7 Opt-Out. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by sending written notice of your decision to opt out tolegal@theaiplatform.app with the subject line "ARBITRATION OPT-OUT." Your notice must include your name, mailing address, and Account email address. If you opt out of binding arbitration, Zephyr Cloud will also not be bound by this Section 15.

16. General Provisions

16.1 Governing Law. These Terms and any Disputes will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

16.2 Jurisdiction and Venue. Subject to Section 15, any legal action or proceeding arising out of or relating to these Terms or the AI Platform shall be instituted exclusively in the federal or state courts located in New Castle County, Delaware. You and Zephyr Cloud consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

16.3 Entire Agreement. These Terms, together with the Privacy Policy, the Acceptable Use Policy, and any other policies or agreements expressly incorporated by reference, constitute the entire agreement between you and Zephyr Cloud regarding the AI Platform and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding the AI Platform.

16.4 Waiver. No waiver by Zephyr Cloud of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Zephyr Cloud to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

16.5 Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

16.6 Assignment. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice to you. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

16.7 No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Zephyr Cloud.

16.8 Force Majeure. Zephyr Cloud will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

16.9 Export Control. The AI Platform may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Zephyr Cloud, or any products utilizing such data, in violation of the United States export laws or regulations.

16.10 U.S. Government Rights. If you are a U.S. government entity, the AI Platform is a "commercial item" as defined in 48 C.F.R. §2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. §12.212. Consistent with 48 C.F.R. §12.212 and 48 C.F.R. §§227.7202-1 through 227.7202-4, all U.S. government end users acquire the AI Platform with only those rights set forth in these Terms.

16.11 Notices. We may provide notices to you via email to the email address associated with your Account or by posting on the AI Platform. Notices to Zephyr Cloud should be sent to 1201 W Peachtree St NW, Ste 2625 PMB 308683, Atlanta, GA 30309, US.

16.12 Survival. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, limitations of liability, and dispute resolution provisions.

17. Contact Information

If you have any questions about these Terms or the AI Platform, please contact us at:

Zephyr Cloud Inc.
1201 W Peachtree St NW, Ste 2625 PMB 308683
Atlanta, GA 30309, US
Email: legal@theaiplatform.app