Terms of Use

Effective date: October 16, 2026

Welcome to Autostrat. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the "Services"). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

Email: legal@autostrat.ai

These Terms of Use (the "Terms") are a binding contract between you and AUTOSTRAT, INC. ("Autostrat," "we" and "us"). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions ("Additional Terms"), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.

Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, automatic renewals, 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 OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at autostrat.ai, send you an email, and/or notify you by some other means.

If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

Autostrat takes the privacy of its users very seriously. For the current Autostrat Privacy Policy, please click here.

Children's Online Privacy Protection Act

The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at legal@autostrat.ai.

What are the basics of using Autostrat?

You may be required to sign up for an account, select a password and user name ("Autostrat User ID"), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Autostrat User ID a name that you do not have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a "Third Party Account"). By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.

You represent and warrant that you are an individual of legal age to form a binding contract. If you're agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization's or entity's behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity).

You will only use the Services for your own internal business purposes and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services in a way that breaks the law.

You will not share your Autostrat User ID, account or password with anyone, and you must protect the security of your Autostrat User ID, account, password and any other access tools or credentials. You're responsible for any activity associated with your Autostrat User ID and account.

What about AI-powered Services?

Some of Autostrat's Services or components thereof may be powered by artificial intelligence ("AI"). You may, accordingly, interact with AI-powered technology made available by Autostrat ("AI Services") and outputs, including text, images and video that are made available to you in connection with the use of any AI-powered technology in the course of utilizing the Services ("Outputs"). As between you and Autostrat, you shall own all right, title and interest in and to the Output. You acknowledge and agree that (a) certain Outputs will be generated by artificial intelligence or machine learning; (b) the AI Services may incorporate or operate using artificial intelligence or machine learning algorithms, programs or other models, including large language models, developed or operated by third parties ("Third Party Models") that are not developed or controlled by Autostrat — Autostrat does not control or influence the training or hosting of Third Party Models and cannot guarantee their suitability, accuracy, quality, security, legality or reliability; (c) due to the nature of artificial intelligence and machine learning, Outputs may (i) contain errors and misstatements, (ii) be incomplete or inaccurate, (iii) be similar to Outputs generated through another customer's use of the Services, which you have no rights in regardless of any level of similarity to the Outputs provided to you, and/or (iv) result in different Outputs from one use to the next; (d) Outputs reflect probabilistic or inferred results generated by automated systems, do not constitute statements of fact, and do not constitute legal, financial, professional or other advice of any kind; (e) you must verify the accuracy and appropriateness of any Outputs and you are solely responsible for any reliance on the accuracy, completeness, or usefulness of any Outputs; and (f) relying upon any Outputs without first verifying accuracy with a qualified human professional could cause harm, including but not limited to legal, financial and physical harm. Autostrat cannot control, and has no duty to take any action, regarding how you may interpret, rely on, or use any Outputs or what actions you may take as a result of having been exposed to Outputs. You agree that Autostrat will not be liable for any loss or damages arising from or related to the AI Services, Third Party Models, or Outputs, and you hereby release Autostrat from all liability for you having acquired or not acquired Output through the AI Services.

What about messaging?

As part of the Services, you may receive communications through the Services, including messages that Autostrat sends you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want Autostrat to send you information that we think may be of interest to you, which may include Autostrat using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Autostrat, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Autostrat. You agree to indemnify and hold Autostrat harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to your breach of the foregoing.

Are there restrictions in how I can use the Services?

You represent, warrant, and agree that you will not provide or contribute anything, including any Content (as such term is defined below), to the Services, or otherwise use or interact with the Services, in a manner that:

• infringes or violates the intellectual property rights or any other rights of anyone else (including Autostrat);
• violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Autostrat;
• is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
• jeopardizes the security of your Autostrat User ID, account or anyone else's (such as allowing someone else to log in to the Services as you);
• attempts, in any manner, to obtain the password, account, or other security information from any other user;
• violates the security of any computer network, or cracks any passwords or security encryption codes;
• runs Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);
• "crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
• copies or stores any significant portion of the Content;
• uses any automated or programmatic method to extract data or Outputs or circumvents limits on Outputs, including scraping, web harvesting, or web data extraction;
• represents that any Outputs were human-generated;
• uses or otherwise exploits the Services, or any Outputs, to develop, train, optimize or improve the functionality or performance of any large language model, machine learning model, or any other similar model or artificial intelligence-powered technology platform that is developed, owned or operated by you or a third party;
• decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;
• provides or makes available to Autostrat in violation of the Agreement or otherwise inappropriate for the nature of the Services; or
• uses any Outputs for automated decision-making or profiling purposes, as such or similar terms are defined under applicable law, without appropriate human review and oversight prior to any decision being made.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including Autostrat's) rights.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Autostrat owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

What happens if I provide feedback about the Services?

You may, but are not obligated to, provide suggestions, comments, ideas, or other feedback to Autostrat regarding the Services or any Outputs ("Feedback"). You hereby irrevocably assign to Autostrat all right, title and interest (including all intellectual property rights) in and to any Feedback, and Autostrat may use, disclose, reproduce, incorporate and otherwise exploit any Feedback for any purpose — including improving or developing the Services — without restriction and without any obligation of confidentiality, attribution, or compensation to you. Feedback, even if designated as confidential by you, shall not create any confidentiality obligation for Autostrat.

How does Autostrat use data from my use of the Services?

By submitting Content to the Services, you grant Autostrat a non-exclusive, worldwide, royalty-free license to use, reproduce, store, process, display, and transmit your Content as necessary to provide, maintain, and operate the Services. In addition, Autostrat may collect, use, process, and retain data and information derived from Content you submit and your use of the Services, in de-identified or aggregated form that cannot reasonably be used to identify you or any individual ("Aggregated Data"), for Autostrat's business purposes, including (a) improving, testing, training, developing, and enhancing the Services and any artificial intelligence or machine learning models incorporated therein, (b) benchmarking, analytics, and product research, and (c) promoting and marketing Autostrat's products and services. Autostrat shall not disclose Aggregated Data in a manner that identifies or could reasonably be used to identify you or any individual. All Aggregated Data is and shall remain the sole property of Autostrat.

Who is responsible for what I see and do on the Services?

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren't liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can't guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant that (a) you have all rights necessary to do so in the manner in which you contribute it, (b) such Content does not and will not infringe, misappropriate or violate the intellectual property rights of any third party, and (c) your submission and use of such Content in connection with the Services complies with all applicable laws and regulations.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Autostrat. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Autostrat is not responsible for such risks.

Autostrat has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Autostrat will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Autostrat shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Autostrat is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Autostrat, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

Will Autostrat ever change the Services?

We're always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Do the Services cost anything?

The Services may be free or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.

• Paid Services. Certain of our Services may be subject to payments now or in the future (the "Paid Services"). Please see our Pricing Page for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms. For example, some Paid Services will charge a fee for downloading or installing the Services through the App Store (as defined below) linked to your specific device. You agree to comply with, and your license to use our mobile application is conditioned upon your compliance with, such App Store terms and conditions. Any refunds relating to the applications or inquiries regarding refunds relating to the applications shall be handled solely by the applicable App Store in accordance with such App Store's terms and conditions.
• Billing. We use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your account on the Services (your "Billing Account") for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe's Terms of Service at https://stripe.com/us/checkout/legal and their Privacy Policy at https://stripe.com/us/privacy. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
• Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
• Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS.
• Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
• Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
• Auto-Renewal for Paid Services. Unless you opt out of auto-renewal, which can be done through your account settings, any Paid Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or cancel your Paid Services at any time, go to account settings. If you terminate a Paid Service, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SERVICE THROUGH YOUR ACCOUNT SETTINGS OR TERMINATE YOUR AUTOSTRAT ACCOUNT BEFORE THE END OF THE RECURRING TERM. PAID SERVICES CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, AUTOSTRAT WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.
• Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
• Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at legal@autostrat.ai.

What if I want to stop using the Services?

You're free to do that at any time by contacting us at legal@autostrat.ai; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

Autostrat is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Autostrat has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

If you have deleted your account by mistake, contact us immediately at legal@autostrat.ai – we will try to help, but unfortunately, we can't promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

What about Mobile Applications?

You acknowledge and agree that to the extent we make a mobile application available, such availability is dependent on the third party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an "App Store"). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.

What should I know about the Autostrat App, to the extent made available via the Apple App Store?

These Terms apply to your use of all the Services, including our iOS applications (the "Application") to the extent available via the Apple, Inc. ("Apple") App Store, but the following additional terms also apply to the Application:

• Both you and Autostrat acknowledge that the Terms are concluded between you and Autostrat only, and not with Apple, and that Apple is not responsible for the Application or the Content;
• The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
• You will only use the Application in connection with an Apple device that you own or control;
• You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
• In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
• You acknowledge and agree that Autostrat, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
• You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Autostrat, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
• You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
• Both you and Autostrat acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
• Both you and Autostrat acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

What else do I need to know?

Warranty Disclaimer. Autostrat and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Autostrat and all such parties together, the "Autostrat Parties") make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Autostrat Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Autostrat Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES, AI SERVICES, AND CONTENT ARE PROVIDED BY AUTOSTRAT (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" 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 SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ADDITION, AUTOSTRAT MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, THE AI SERVICES, OR ANY OUTPUTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER PLATFORM, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. WITHOUT LIMITING THE FOREGOING, AUTOSTRAT WILL NOT BE RESPONSIBLE FOR ANY ACTIONS TAKEN BASED ON ANY SUCH OUTPUTS OR RESULTS. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES, AI SERVICES AND ANY OUTPUTS OR RESULTS THEREFROM. AUTOSTRAT IS NOT RESPONSIBLE OR LIABLE FOR ANY THIRD PARTY INTEGRATIONS, DOES NOT GUARANTEE THE CONTINUED AVAILABILITY THEREOF OR ANY INTEGRATION THEREWITH, AND MAY CEASE MAKING ANY SUCH THIRD PARTY INTEGRATION AVAILABLE IN ITS SOLE DISCRETION.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE AUTOSTRAT PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO AUTOSTRAT IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. You agree to indemnify and hold the Autostrat Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Autostrat's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of New York, without regard to the conflicts of laws provisions thereof.

Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Autostrat and limits the manner in which you can seek relief from Autostrat. Both you and Autostrat acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Autostrat's officers, directors, employees and independent contractors ("Personnel") are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in New York County, New York. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "Rules") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Autostrat will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Autostrat will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(c) Small Claims Court; Infringement. Either you or Autostrat may assert claims, if they qualify, in small claims court in New York County, New York or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any 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.

(d) Waiver of Jury Trial. YOU AND AUTOSTRAT WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Autostrat are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Autostrat over whether to vacate or enforce an arbitration award, YOU AND AUTOSTRAT WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Autostrat is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.

(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to legal@autostrat.ai within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms' arbitration agreement.

(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Autostrat to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Autostrat agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, New York County, New York, or the federal district in which that county falls.

(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Autostrat.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Autostrat may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Autostrat agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Autostrat with respect to your direct access to and use of the Services, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to such subject matter; provided, however, that to the extent you are also party to a Professional Services Agreement or other written agreement with Autostrat governing the provision of consulting or professional services, such agreement shall continue to govern those services and shall not be superseded by these Terms, and in the event of any conflict between these Terms and such other agreement with respect to your direct access to or use of the Services, these Terms shall control. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Autostrat, and you do not have any authority of any kind to bind Autostrat in any respect whatsoever.

Except as expressly set forth in the section above regarding the Apple Application and arbitration agreement, you and Autostrat agree there are no third-party beneficiaries intended under these Terms.

Additional Provisions

High-Risk Use. You will not use the Services or any Outputs in safety-critical or high-risk contexts where errors could result in death, personal injury, or severe property or environmental harm, including medical diagnosis or treatment, emergency services, aviation, autonomous systems, nuclear facilities, or similar.

Competitive Use. You will not access or use the Services to build a competing product or service, or for benchmarking, without our prior written consent.

Personal Data in Content. You will provide all notices and obtain all consents required by applicable law to submit Content, including any personal data, to the Services.

Sensitive Data. You will not upload, submit or otherwise make available to the Services any Content that contains Sensitive Personal Data. "Sensitive Personal Data" means any of the following information relating to an identified or identifiable individual:

• health, medical or mental health information;
• government-issued identification numbers, including Social Security, passport, driver's license or state identification numbers;
• financial account, debit card or credit card numbers;
• account login credentials, passwords or security codes;
• biometric or genetic data;
• precise geolocation data;
• personal data of children under 16 years of age;
• information revealing racial or ethnic origin, religious or philosophical beliefs, political opinions or trade union membership;
• information concerning an individual's sex life or sexual orientation; or
• information relating to criminal convictions, offenses or history.

Before each upload, the Services will ask you to confirm that the Content you are uploading does not contain Sensitive Personal Data. Each such confirmation is a representation and warranty by you under these Terms with respect to that upload, and if you upload Content on behalf of an organization or entity, that confirmation binds that organization or entity. Autostrat may keep a record of each confirmation, including the user who gave it, the date and time it was given and the wording presented, and may rely on that record as evidence of your confirmation.

Autostrat does not monitor or screen Content for Sensitive Personal Data and has no obligation to do so; you remain solely responsible for the Content you upload. Autostrat may, without notice, delete, quarantine or restrict access to any Content that Autostrat reasonably believes contains Sensitive Personal Data, and may suspend your access to the Services in connection with any violation of this section. If you become aware that you have uploaded Sensitive Personal Data, you will promptly notify us at legal@autostrat.ai so that it can be deleted.

Confidentiality. Each party may disclose non-public information identified as confidential or that should reasonably be understood to be confidential ("Confidential Information"). The receiving party will use Confidential Information only to perform under these Terms, will protect it using at least reasonable care, and will not disclose it to third parties except to its personnel and contractors who need to know it and are bound by confidentiality obligations at least as protective.

Confidentiality obligations do not apply to information that is or becomes public through no fault of the receiving party, was known without restriction before receipt, is independently developed without use of Confidential Information, or is rightfully received from a third party without restriction.

The receiving party may disclose Confidential Information to the extent required by law, subpoena, or court order, provided it uses reasonable efforts to give prompt notice and cooperates in seeking protective treatment.

Beta Features. Beta or experimental features ("Beta Features") are provided as is, may be modified or discontinued at any time, and may be subject to additional terms.

Termination for Convenience. If Autostrat terminates your Paid Services for convenience and not due to your breach of these Terms, we will refund any unused, prepaid fees for the terminated portion of your then-current term.

Export and Sanctions Compliance; Government Use. You will comply with all applicable export control and sanctions laws. You represent that you are not located in, organized under the laws of, or ordinarily resident in any embargoed jurisdiction and are not a prohibited party. Government end users: the Services are commercial items provided with only those rights set forth in these Terms.

Publicity. We may identify you as a customer and use your name and logo in marketing materials and on our website, unless you opt out by written notice to legal@autostrat.ai.

Notices. Notices to us must be sent to legal@autostrat.ai with the subject line "Legal Notice." We may provide notices to you via the Services, email, or your account contact information. Notices are deemed given when received or, for email, when sent, if no bounce-back is received.