Aviro Terms of Service

Acceptance of These Terms of Service

Aviro AI Inc. ("Aviro," "we," "us," or "our") provides our services and related content to you through our website(s) and related technologies (collectively, the "Service"). All access to and use of the Service is subject to these Terms of Service (these "Terms of Service" or "Terms").

By accessing, browsing, or otherwise using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you are using the Service on behalf of a company, organization, or other legal entity, you represent that you have authority to bind such entity and its affiliates to these Terms of Service, in which case the terms "you" and "your" refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms of Service, you may not access or use the Service.

If you do not accept these Terms of Service, you must not access, browse, or otherwise use the Service.

Changes to These Terms of Service

We may change or modify portions of these Terms of Service from time to time in our sole discretion. When we do so, we will update the "Date of Last Revision" at the top of this page and may provide additional notice through the Service user interface, by email, or by other reasonable means.

Any changes to these Terms of Service will be effective when posted, unless a later effective date is specified. Your continued access or use of the Service after the date any such changes become effective constitutes your acceptance of the revised Terms of Service. If you do not agree to the revised Terms of Service, you must stop using the Service.

Privacy

Your use of the Service is also subject to our Privacy Policy, which explains how we collect, use, and disclose information about you. By using the Service, you consent to our collection, use, and disclosure of personal data and other data as described in the Privacy Policy.

If you are using the Service on behalf of a company or other legal entity, you are responsible for obtaining and maintaining all required consents from your end users necessary to allow Aviro to provide the Service and to process personal data in accordance with our Privacy Policy and applicable law.

Additional Terms

When you use particular features or services, you may be subject to additional terms and conditions that apply to those features or services. Any such additional terms are incorporated into these Terms of Service by reference, and if there is a conflict between the additional terms and these Terms of Service, the additional terms will govern for that specific feature or service.

Description of the Service

The Service is designed to provide AI‑enabled tracing, analytics, and automation tools for modern applications, including tools and integrations that help you observe, debug, and improve AI and traditional software systems (the "Aviro Platform").

We may add, remove, or modify features from time to time. Certain functionality may be offered as paid features subject to specific plan and usage limits.

Registration; Eligibility; Account Security

You may need to register for an account to access some or all of the Service. When you register, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by our registration forms, and to update such information as needed so that it remains accurate and complete.

The Service is not intended for use by children under 13, and you may not use the Service if you are under 13. If you are under 18, you may use the Service only with the express consent of a parent or legal guardian and only if you are otherwise able to agree to these Terms of Service.

You are solely responsible for maintaining the confidentiality of your account, credentials, and any other information used to access the Service, and you are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. Aviro will not be liable for any loss or damage arising from your failure to protect your account or comply with this section.

General Practices Regarding Use and Storage

You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation:

• How long we retain logs, traces, or other data associated with your account
• The maximum storage space allocated on our or our service providers' systems
• Reasonable rate limits, concurrency limits, or other technical restrictions

We have no obligation or liability for the deletion of, or failure to store, any data or other content maintained or uploaded in connection with the Service. We reserve the right to deactivate or terminate accounts that are inactive for an extended period of time and to change these general practices and limits at any time, in our sole discretion, with or without notice.

Conditions of Use; User Conduct

You are solely responsible for all code, information, data, text, and other materials ("User Content") that you provide to or through the Service. You agree that you will not use the Service to:

• Upload, transmit, or otherwise make available any content that infringes any intellectual property or other proprietary rights of any party, or that you do not have a right to provide under law or under contractual or fiduciary relationships
• Upload, transmit, or otherwise make available any content that contains viruses, malicious code, or other software designed to interrupt, damage, or limit the functionality of any computer software or hardware or telecommunications equipment
• Upload, transmit, or otherwise make available content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable
• Use the Service to send unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes, or any other form of solicitation
• Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service
• Violate any applicable local, state, national, or international law
• Impersonate any person or entity or misrepresent your affiliation with a person or entity
• Harvest or collect contact information of other users for the purposes of sending unsolicited communications
• Attempt to access any content or information through any means not intentionally made available through the Service
• Circumvent, remove, deactivate, or otherwise interfere with any security‑related features or content‑protection measures of the Service

We reserve the right (but have no obligation) to investigate and take appropriate action (including removing content, suspending or terminating accounts, and reporting you to law enforcement) if we believe, in our sole discretion, that you have violated these Terms of Service or otherwise created liability or risk for Aviro or any third party.

Competitors

You may not access or use the Service if you are an employee, contractor, or agent of a company that offers a platform or service that competes with the Aviro Platform, or if you are accessing the Service on behalf of such a competitor, unless you have our prior written consent. By using the Service, you represent and warrant that you are not doing so on behalf of a competitor.

Fees; Payment; Refunds

If any portion of the Service is made available for a fee, you agree to pay all fees and charges associated with your selected plan and usage in accordance with the pricing and billing terms in effect at the time such fees are due and payable. You must provide current, complete, and accurate billing and payment information and promptly update such information when it changes.

We use third‑party payment processors to collect and process payments. Your use of such payment processing services may be subject to additional terms and privacy policies of the applicable payment processor. To the extent permitted by law, payments are non‑refundable unless we state otherwise in writing or are required to provide a refund under applicable law.

We reserve the right to change our prices at any time. If we do so, we will provide reasonable notice of the change, and your continued use of the Service after the change becomes effective will constitute your agreement to the new pricing. You are responsible for all taxes associated with your purchases, other than taxes based on our net income.

Ownership; Software; Open Source Components

The technology and software underlying the Service or distributed in connection with it (the "Software") are owned by Aviro, our affiliates, and our licensors. Except as expressly permitted in these Terms of Service, you may not copy, modify, create derivative works of, reverse engineer, decompile, disassemble, or otherwise attempt to discover any source code of the Software, or sell, assign, sublicense, or otherwise transfer any rights in the Software.

The Service may include or be provided together with open source software. Any such open source software is licensed under the terms of the applicable open source license, not under these Terms of Service. To the extent there is a conflict between these Terms of Service and the applicable open source license, the open source license will govern your use of the particular open source software.

Software and related technical data may be subject to export control laws and regulations. You agree to comply with all applicable export and re‑export control laws and regulations in connection with your use of the Service.

Intellectual Property Rights; User Content; Feedback

The Service, and all content and materials made available through the Service (other than User Content), including text, graphics, logos, icons, and software (collectively, "Service Content"), are owned by or licensed to Aviro and are protected by copyright, trademark, and other intellectual property laws. Except as expressly authorized in these Terms of Service, you may not copy, modify, distribute, or create derivative works based on the Service or the Service Content.

You retain ownership of your User Content. You hereby grant Aviro a non‑exclusive, worldwide, royalty‑free, fully paid‑up, transferable, and sublicensable license to use, host, store, reproduce, modify, and display your User Content (a) to operate, maintain, and provide the Service; (b) to develop and improve the Service and our other products and services; and (c) as otherwise permitted in our Privacy Policy.

We may generate aggregate statistics, analytics, or other de‑identified data derived from your use of the Service ("Usage Data"). To the extent permitted by applicable law, Aviro may use such Usage Data for any lawful purpose, including to maintain, improve, and market the Service and our other offerings, provided that we do not disclose Usage Data in a form that would reasonably identify you or your end users.

If you provide us with feedback, suggestions, or ideas about the Service ("Feedback"), you acknowledge that we are free to use such Feedback without restriction or obligation to you, and you hereby grant us a perpetual, irrevocable, worldwide, royalty‑free license to use and exploit the Feedback in any manner and for any purpose.

Third‑Party Services and Sites

The Service may provide links or access to third‑party websites, services, or resources ("Third‑Party Services"), including integrations with tools like GitHub or cloud providers. Third‑Party Services are not under our control, and we are not responsible for their content, functionality, or practices.

Your use of Third‑Party Services is subject to the terms and privacy policies of the applicable third parties, not these Terms of Service. Any dealings you have with third parties while using the Service are solely between you and the applicable third party, and Aviro will not be liable for any loss or damage arising from such dealings.

Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Aviro, our affiliates, and our respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms of Service; or (d) your violation of any rights of another person or entity.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVIRO AND OUR AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR‑FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL AVIRO OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS OF SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO AVIRO FOR THE SERVICE IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY, AS IT REQUIRES MOST DISPUTES BETWEEN YOU AND AVIRO TO BE RESOLVED BY BINDING ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Any dispute, claim, or controversy arising out of or relating to these Terms of Service or the use of the Service (collectively, "Disputes") will be resolved exclusively through binding arbitration, except that either party may seek equitable relief in a court of competent jurisdiction to prevent (or obtain relief for) misuse of intellectual property rights.

You and Aviro 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 Aviro 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.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The arbitration will be administered by a recognized arbitration provider under its rules in effect at the time the arbitration is initiated, as modified by this section. The place of arbitration and allocation of costs will be as required by the applicable rules or as otherwise agreed by the parties.

Termination

We may suspend or terminate your access to the Service (or any portion thereof) at any time, with or without notice, if we believe that you have violated these Terms of Service or if we otherwise discontinue the Service. You may stop using the Service at any time.

Upon any termination or suspension, your right to use the Service will immediately cease. Certain provisions of these Terms of Service that by their nature should survive termination will remain in effect, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law; Venue

These Terms of Service and any Dispute will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Subject to the arbitration provisions above, you and Aviro agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in San Francisco County, California, for the resolution of any Dispute that is not subject to arbitration.

General Terms

These Terms of Service, together with any additional terms that apply to specific features or services, constitute the entire agreement between you and Aviro regarding the Service and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Aviro with respect to the Service.

You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Aviro's prior written consent. Aviro may freely assign or transfer these Terms of Service without restriction. Any attempted assignment in violation of this section is void.

If any provision of these Terms of Service is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms of Service will remain in full force and effect. Our failure to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.

Contact Information

If you have any questions, concerns, or suggestions about these Terms of Service or the Service, please contact us at founders@aviro.ai.