Terms of Service

Welcome to Airgen. These Terms of Service ("Terms") govern your access to and use ofAirgen's website, applications, APIs, and services (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.

1. Acceptance of Terms

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Services

Airgen provides an AI-powered platform for building, deploying, and managing enterprise AI workers and applications. Our Services include, but are not limited to:

• AI agent creation and configuration tools
• Automated workflow execution capabilities
• Integration with third-party services and APIs
• Data processing and analysis features
• Collaborative workspace functionality
• API access for programmatic integration

3. Account Registration

To access certain features of our Services, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

You must be at least 18 years old to create an account and use our Services.

4. Subscription Plans and Billing

4.1 Subscription Plans

Airgen offers various subscription plans, including free and paid tiers. Each plan includes specific features, usage limits, and pricing as described on our website. We reserve the right to modify our plans and pricing at any time with reasonable notice.

4.2 Payment Terms

For paid subscriptions, you agree to pay all fees associated with your selected plan. Fees are charged in advance on a recurring basis (monthly or annually, depending on your selection). All payments are non-refundable except as expressly provided in these Terms or required by law.

4.3 Credit-Based Usage

Certain Services may operate on a credit-based system. Credits are consumed based on your usage of AI processing, API calls, and other metered features. Unused credits may expire according to the terms of your subscription plan.

4.4 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings.

4.5 Taxes

All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for paying all such taxes associated with your subscription.

5. Acceptable Use Policy

You agree not to use our Services to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit harmful, offensive, or illegal content
• Engage in unauthorized access to systems or data
• Distribute malware, viruses, or other harmful code
• Interfere with or disrupt the integrity of our Services
• Attempt to reverse engineer or extract source code
• Use automated systems to access the Services in a manner that exceeds reasonable use
• Resell or redistribute our Services without authorization
• Generate content that is illegal, harmful, or violates third-party rights
• Use the Services for any fraudulent or deceptive purposes

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Services, including all content, features, and functionality, are owned by Airgenand are protected by copyright, trademark, patent, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our Services without our express written consent.

6.2 Your Content

You retain ownership of any content you submit, post, or display through our Services ("Your Content"). By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display Your Content solely for the purpose of providing and improving our Services.

6.3 Output

Subject to these Terms and your compliance with them, you own any output generated by our AI Services based on Your Content. We do not claim ownership of outputs generated for you.

7. Data Privacy and Security

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our collection and use of your information as described in the Privacy Policy.

We implement reasonable security measures to protect your data, but we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials.

8. Third-Party Services

Our Services may integrate with or link to third-party services. These third-party services are not under our control, and we are not responsible for their content, privacy policies, or practices. Your use of third-party services is at your own risk and subject to their respective terms and conditions.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, secure, or error-free, or that any defects will be corrected. AI-generated outputs may contain errors or inaccuracies, and you are responsible for reviewing and verifying all outputs before use.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIRGEN AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability for any claims arising from or related to these Terms or the Services shall not exceed the amounts you paid to us in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Airgen and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to your use of the Services, your violation of these Terms, or your violation of any rights of a third party.

12. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. You may terminate your account at any time by contacting us or using the account deletion feature in your settings.

Upon termination, your right to use the Services will immediately cease. Provisions of these Terms that by their nature should survive termination will survive, including but not limited to intellectual property rights, disclaimers, limitations of liability, and indemnification.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Effective Date" above. Your continued use of the Services after such changes constitutes your acceptance of the modified Terms.

14. Governing Law and Dispute Resolution

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.

Any disputes arising from or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and the arbitrator's decision shall be final and binding.

15. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and Airgen regarding the Services.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

16. Contact Information

If you have any questions about these Terms, please contact us at: