1. Acceptance of Terms

By accessing or using Airgen ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service. These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

Airgen provides an enterprise-grade artificial intelligence platform that enables organizations to build, deploy, and manage AI agents, workers, and applications. Our Service includes:

Access to multiple large language models (LLMs) with geographical compliance
AI agent creation and management tools
Workflow automation and orchestration capabilities
Integration with third-party services and APIs
Data storage and processing infrastructure
Analytics and monitoring dashboards

3. User Accounts and Registration

3.1 Account Creation

To use the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security.

3.3 Enterprise Accounts

For enterprise customers, the designated account administrator has the authority to manage user access, permissions, and organizational settings. Individual users within an enterprise account must comply with their organization's policies in addition to these Terms.

4. Acceptable Use Policy

You agree not to use the Service to:

Violate any applicable laws, regulations, or third-party rights
Create, distribute, or promote content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
Generate spam, phishing attempts, or other malicious communications
Attempt to gain unauthorized access to the Service or related systems
Reverse engineer, decompile, or disassemble any aspect of the Service
Interfere with or disrupt the Service or servers or networks connected to the Service
Use the Service to develop competing AI products or services
Exceed rate limits or abuse API access
Remove, obscure, or alter any proprietary rights notices

5. Data and Privacy

5.1 Data Processing

We process your data in accordance with our Privacy Policy and applicable data protection laws, including GDPR, CCPA, and other regional regulations. Our Service is designed with geographical compliance, allowing you to select data residency locations based on your compliance requirements.

5.2 Your Data

You retain all rights to the data you input into the Service ("Customer Data"). You grant us a limited license to process Customer Data solely to provide the Service. We do not use Customer Data to train our models or for any purpose other than providing the Service unless explicitly authorized by you.

5.3 AI Model Providers

When you use third-party LLM providers through our Service, your data may be processed by those providers subject to their respective terms and privacy policies. We use enterprise-grade agreements with providers that prohibit training on customer data.

6. Intellectual Property Rights

6.1 Service Ownership

The Service and its original content, features, and functionality are owned by Airgen and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 AI-Generated Content

Subject to your compliance with these Terms and payment of applicable fees, you own the output generated by your use of the Service. However, due to the nature of AI, outputs may not be unique and other users may receive similar outputs.

6.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service becomes our property, and we may use it without restriction or compensation to you.

7. Fees and Payment

7.1 Subscription Plans

Access to certain features of the Service requires payment of fees. You agree to pay all fees according to the pricing and payment terms presented to you for the Service.

7.2 Usage-Based Pricing

Some features are priced based on usage (e.g., API calls, compute time, storage). You are responsible for monitoring your usage and associated costs. We will notify you when you approach or exceed usage limits.

7.3 Payment Terms

Payments are processed through secure third-party payment processors. You authorize us to charge your payment method for all fees incurred. All fees are non-refundable except as required by law or as explicitly stated in your agreement.

7.4 Price Changes

We reserve the right to modify our pricing. For subscription services, we will provide at least 30 days' notice before any price increase takes effect.

8. Service Availability and Support

8.1 Uptime

We strive to maintain high availability of the Service. Enterprise customers may be eligible for Service Level Agreements (SLAs) that guarantee specific uptime percentages.

8.2 Maintenance

We may perform scheduled maintenance that temporarily interrupts the Service. We will provide advance notice of scheduled maintenance when possible.

8.3 Support

Support availability varies by subscription tier. Enterprise customers receive priority support with dedicated channels and response time commitments.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AIRGEN, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

Your access to or use of or inability to access or use the Service
Any conduct or content of any third party on the Service
Any content obtained from the Service
Unauthorized access, use, or alteration of your transmissions or content
Errors or inaccuracies in AI-generated content

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Warranties and Disclaimers

THE SERVICE IS 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, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

The Service will be uninterrupted, secure, or error-free
The results obtained from the Service will be accurate or reliable
AI-generated content will meet your requirements or expectations
Any errors in the Service will be corrected

You acknowledge that AI systems may produce inaccurate, incomplete, or biased outputs. You are solely responsible for evaluating and verifying any AI-generated content before use.

11. Indemnification

You agree to indemnify, defend, and hold harmless Airgen and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of another party.

12. Termination

12.1 Termination by You

You may terminate your account at any time through your account settings or by contacting support. Termination does not relieve you of any obligations to pay outstanding fees.

12.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice or liability, if you breach these Terms or for any other reason, including non-payment of fees.

12.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. We will retain your data for a reasonable period to allow you to retrieve it, after which it will be deleted in accordance with our data retention policies.

13. Compliance and Export Control

You agree to comply with all applicable laws, regulations, and industry standards, including:

Data protection and privacy laws (GDPR, CCPA, etc.)
Export control and sanctions laws
Industry-specific regulations (HIPAA, FINRA, etc., if applicable)
AI and machine learning regulations in your jurisdiction

You represent that you are not located in a country subject to comprehensive sanctions or on any government restricted parties list.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Airgen is incorporated, without regard to its conflict of law provisions.

14.2 Dispute Resolution

Any disputes arising from these Terms or the Service shall first be attempted to be resolved through good faith negotiations. If negotiations fail, disputes shall be resolved through binding arbitration or small claims court, as applicable.

14.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the new Terms on the Service and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms you agree to when using specific features of the Service, constitute the entire agreement between you and Airgen.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

16.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

Contact Information

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

Email: legal@airgen.ai

Website: https://airgen.ai