Analemma Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, INCLUDING OUR PRIVACY POLICY. YOUR PARTICULAR ATTENTION IS DRAWN TO THE LIMITATION OF LIABILITY CONTAINED IN SECTION 11 BELOW. IN ADDITION, YOU AGREE TO RESOLVE ANY DISPUTE BETWEEN YOU AND ANALEMMA THROUGH ARBITRATION ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION, AS EXPLAINED IN SECTION 14 BELOW. IF YOU DO NOT AGREE WITH ALL OF THE TERMS, YOU MAY NOT INSTALL OR OTHERWISE ACCESS OUR SERVICES IN ANY WAY.

These Terms of Service ("Agreement") constitute a legally binding agreement between ANALEMMA INTELLIGENCE PTE. LIMITED, a company registered at 67 AYER RAJAH CRESCENT, #02-10, SINGAPORE 139950, or any of its affiliates ("Analemma", "we", "us", "our") and you ("you" or "User"). This Agreement governs your use of or access to the websites, Apps, software, and related services provided by Analemma, that include an authorized link to this Agreement (collectively, the "Services"), whether as a guest or a registered user.

YOU MUST BE AND HEREBY AFFIRM THAT YOU ARE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY AND STATE OF RESIDENCE. OUR SERVICES ARE NOT AVAILABLE TO PEOPLE WHO ARE UNDER THE LEGAL AGE OF MAJORITY.

By making a registration or application for the Account, or accessing the Services, you are deemed to have read, understood, and accepted all the terms of this Agreement. Analemma reserves the right to amend, modify or revise this Agreement at any time and you agree to check periodically for new terms. Please note that your continued use of the Analemma Services shall constitute your acceptance to be bound by the newly updated Agreement.

1. The Analemma Account

You may be required to register or have an Analemma Account in order to use the Services ("Account").

1.1 Creation and use of Accounts, and use of Services, are subject to the following terms and conditions:

• You may establish an Account only if you are a natural person and an adult in your country of residence (you may not register an Account on behalf of Corporations, Limited Liability Companies, partnerships and other legal or business entities) and you are not an individual specifically prohibited by us from using the Analemma Services.
• You may only access the Services through your own Account. Operations under the Account are considered to be the operations of the Account registrant.
• Children who are under the legal age of majority in your country shall not utilize an Account, the Analemma Services, nor enter into this Agreement even with the consent of a parent or legal guardian.
• Individuals are limited to possessing a single Account. Should you attempt to circumvent this restriction by any means, we reserve the right to take necessary actions, including but not limited to locking, deactivating, barring access to, or removing your Account(s), at our discretion.

1.2 When registering as a user ("User" or "Registered User"), you agree that you will:

• provide accurate, up-to-date and complete information about you whenever prompted or permitted by any site registration process ("Personal Data"), and maintain and promptly update your Personal Data and keep your Personal Data accurate, up-to-date and complete. Personal Data refer to any information relating to an identified or identifiable natural person, such as name, email address, etc.;
• set a password and provide certain other requested information; and
• neither transfer or otherwise make your Account information available to third parties, nor use other users' Accounts at any time. You are responsible for maintaining the confidentiality of your Account information and if any third parties use your Account or otherwise access your Account, you may not claim compensation from Analemma. Besides, in the event of theft, unauthorized use or any other security breach pertaining to your Account, you may notify Analemma immediately.

WE MAY TERMINATE YOUR ACCOUNT AT ANY TIME FOR ANY REASON WITHOUT ANY FURTHER FORMALITY IF WE HAVE REASON TO BELIEVE THAT YOU HAVE FAILED TO COMPLY WITH ANY APPLICABLE TERMS BETWEEN ANALEMMA AND YOU. BESIDES, YOU WILL NOT BE PERMITTED TO RE-REGISTER AS A USER WITHOUT OUR EXPRESS PERMISSION. If you decide to terminate your Account, you can delete your account within the Services or by contacting us, and we may terminate it as soon as reasonably practical after receiving your termination request.

2. License Grant & License Conditions

2.1 License Grant

• Subject to the terms and conditions of this Agreement, Analemma grants you a non-exclusive, non-transferable and non-sublicensable, revocable right to install and use the Analemma Services (the "License").
• The License becomes effective on the date you accept this Agreement and will remain in effect until terminated by either party. Except for the License and rights expressly granted under this Agreement, no licenses or rights are granted by Analemma to you hereunder, by implication, estoppel or otherwise. All such other licenses and rights are reserved by Analemma.

2.2 License Conditions and Restrictions

• You acknowledge that your use of the Analemma Services is also governed by the Privacy Policy which may be amended from time to time by Analemma.
• You acknowledge and agree that you may not, either directly or indirectly, do or attempt to do any of the following with respect to any or all of the Analemma Services:
  • Use the Services in any manner that violates any applicable law or regulation.
  • Infringe the intellectual property rights, privacy rights, or other rights of Analemma or any third party.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying algorithms, or structure of the Services, except to the extent such restriction is expressly prohibited by applicable law.
  • Use the Services to develop, train, or improve any competing product or service.
  • Interfere with or disrupt the integrity or performance of the Services or any third-party systems integrated with the Services.
  • Allow or assist any third party to do any of the above.
• You further acknowledge and agree that your use of the Analemma Services shall comply with any applicable laws or local regulations, and that you will immediately stop using or accessing the Analemma Services when applicable laws or local regulations so require.
• Except expressly authorized herein, any use of the Analemma Services in whole or in part, without our prior written consent, is strictly prohibited and the License granted herein will be terminated. Analemma expressly reserves the right to deny anyone access to the Analemma Services at any time for any reason without prior notice. You further agree that Analemma, without any liability, shall be entitled to suspend or terminate the provision any of the Analemma Services or change the provided content at any time for any reason without prior notice.

3. User Feedback

If you provide to us any ideas, proposals, suggestions or other materials ("Feedback"), whether related to the Services or otherwise, you agree that Analemma will be free to use any Feedback that you provide for any purpose. Analemma has no obligation to review, consider, or implement your Feedback, or to return to you all or any part of any Feedback. Feedback is provided on a non-confidential basis, and Analemma is not under any obligation to keep any part of any Feedback confidential or to refrain from using or disclosing it. You irrevocably grant Analemma a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable, transferable license to reproduce, distribute, create derivative works of, modify, publicly perform, communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

4. Your Content, Output, and Intellectual Property

4.1 Definitions

• "Your Content" means any content that you create, upload, import, submit, post, display, or otherwise make available on or through the Services. Your Content includes but is not limited to code, text, URLs, or other information, data, datasets, images, videos, audio, documentation, files, and other materials you make available on or through the Services.
• "Output" means the content, results, and materials generated and returned to you by the Services based on Your Content.
• "Service Attributes" means the settings, configurations, and metadata generated by the Services through their use. For clarity, Service Attributes do not include any of Your Content or Output.

4.2 Ownership

• Your Content. As between you and Analemma, you retain all right, title, and interest in and to Your Content. Analemma claims no ownership over Your Content.
• Output. As between you and Analemma, subject to your compliance with this Agreement, Analemma hereby assigns to you all of its right, title, and interest in and to the Output. This assignment does not extend to any elements of the Output that: (i) are generated from or incorporate the Services' underlying models, algorithms, or other technology independent of Your Content; or (ii) are substantially similar to Output generated for other users. You acknowledge that due to the nature of the Services, Output may not be unique, and other users may receive similar or identical results.
• Service Attributes. Analemma owns and retains all rights to the Service Attributes.
• Analemma IP. Analemma retains all rights, title, and interest in and to the Services, including but not limited to the underlying software, models, algorithms, user interfaces, documentation, and all related intellectual property rights. No rights are granted to you other than the License expressly set forth in Section 2.

4.3 User Obligations and AI Content Rules

• Consent for Training on Your Data. If Analemma intends to use Your Content or Output to train, fine-tune, or otherwise improve its models, algorithms, or services, Analemma shall first obtain your separate, explicit consent via a clear action (e.g., a checkbox). Until you have actively checked the box, Analemma will not use Your Content or Output for such purposes. You may withdraw your consent at any time through your account settings or by contacting support; withdrawal does not affect the lawfulness of processing based on consent before its withdrawal.
• Sole Responsibility for Submission or Delivery. You acknowledge and agree that any submission, delivery, or transmittal of Output to a third party (including but not limited to publishers, journals, contests, employers, schools, or public platforms) is at your sole risk. Analemma makes no representation that any Output complies with the rules, policies, or standards of any third party. You bear all consequences arising from or related to such submission, including rejection, sanctions, claims of infringement, or violation of the recipient's terms.
• Label AI-Generated Content. Analemma strongly recommends that you clearly and conspicuously label any Output you publicly disseminate (e.g., in articles, social media, videos, or professional submissions) as "AI-generated" or "Generated by artificial intelligence" (or similar wording). Failure to provide such a label, where appropriate, is your sole responsibility. This recommendation does not apply to private or internal use of Output.
• Prohibition on Unauthorized Submissions. You shall not submit Output to any channel that prohibits or restricts AI-generated content unless you have first obtained that channel's explicit written permission allowing AI-generated submissions. Channels include, but are not limited to, literary journals, news media, academic conferences, contests, plagiarism-check systems, and advertising review boards. If you submit Output in violation of this prohibition, you alone bear all resulting consequences, including but not limited to retraction, disqualification, penalties, reputational harm, and legal claims. Analemma has no liability for any such submission.

4.4 License to Your Content

By providing Your Content to the Services, you grant Analemma a worldwide, non-exclusive, royalty-free, sublicensable (to its service providers, including third-party LLM providers) license to use, host, store, reproduce, display, and transmit Your Content for the sole purpose of:

• Providing the Services: Operating, maintaining, improving, and providing the Services to you.
• Codebase Processing: Regarding any codebase you make available for embedding and indexing purposes, all plaintext code will be permanently deleted once the processing is completed. Only the generated embeddings and associated metadata are retained. Analemma does not store your actual codebase files, nor does it use your codebase for any purposes other than the creation of these functional indexes or for the purposes described in this Section 4.4.

4.5 License to Your Brand Elements

You grant Analemma a non-exclusive, royalty-free, perpetual, transferable, sublicensable, worldwide license to use your names, slogans, trademarks, logos, and other designations that you use in association with Your Content on the Services for the purposes of operating and providing the Services to you.

4.6 Your Representations and Warranties

You represent and warrant that:

• You own or have the necessary licenses, authorizations, or clearances to make Your Content available to the Services (including providing any required notice and obtaining all required consents for the relevant data processing and data sharing in compliance with applicable laws), and to grant the rights granted by you under this Agreement.
• Any names, slogans, trademarks, logos, and other designations you use in association with Your Content are owned by or duly licensed to you.
• If Your Content contains personal data, you are responsible and accountable for such data in accordance with applicable laws.

4.7 Disclosure of Your Content

You expressly acknowledge and agree that Analemma may disclose Your Content to comply with applicable laws, enforce this Agreement, prevent fraud, fix security or technical issues, or in other circumstances as permitted or required by applicable law.

4.8 Variable Accuracy and Responsibility

You acknowledge that artificial intelligence and machine learning are dynamic and continuously advancing. Due to the inherent probabilistic nature of machine learning algorithms, the Services may occasionally generate outputs that are incomplete, incorrect, inaccurate, or do not precisely depict actual individuals, locations, or factual data. By using the Services, you acknowledge and agree:

• Output may not always be accurate and should not be used as the only basis for decision-making or as a replacement for specialized or professional advice.
• You bear the responsibility to assess the accuracy, suitability, and intellectual property rights associated with Output for your specific needs, including conducting human review where necessary.
• NOTWITHSTANDING THE FOREGOING, YOU MUST NOT USE THE OUTPUT FOR ANY UNLAWFUL OR INFRINGING PURPOSES.
• Output related to an individual must not be used for purposes that could significantly affect that person, including but not limited to decisions related to credit, education, employment, housing, insurance, legal matters, medical decisions, or other substantial determinations.
• Any reference to third-party products or services within the Output does not imply endorsement or affiliation with Analemma.

5. Use of Our Services

5.1 Beta Test

We may in our own discretion permit you to test, evaluate or comment on one or more Service(s) before they are officially launched ("Beta Services"), in order to identify bugs and errors in the programs and/or improve their functioning.

Beta Services are offered "as-is" to allow testing and evaluation and are excluded from any indemnification obligations Analemma may have to you.

Analemma makes no representations or warranties for Beta Services, including any warranty that Beta Services will be generally available, uninterrupted or error-free, or that Your Content will be secure or not lost or damaged. Except to the extent prohibited by law, Analemma expressly disclaims all warranties for Beta Services, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.

5.2 Acceptable Use

Subject to your compliance with this Agreement, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as any other documentation, guidelines, or policies we make available to you, which we may supplement, update or revise, at any time.

5.3 Content Security

You are solely responsible for all Your Content you submit to the Services. You agree not to submit any Content that:

• infringes any intellectual property or other proprietary rights of any party;
• poses a privacy or security risk to any person, or interferes with or appropriates any person's legitimate right;
• is threatening, abusive, harassing, tortious, bullying, or excessively violent;
• is defamatory, libelous, or verifiably false with the purpose of harming others;
• constitutes hate speech that demeans or promotes discrimination or violence on the basis of race, ethnicity, gender, religion, age, or other social, physical, or mental characteristics;
• is obscene or pornographic, or constitutes sexual exploitation or abuse of a minor, including sharing child sexual exploitation or abuse imagery or content, grooming, or sexual extortion;
• glorifies self-harm, including self-injury, suicide, or eating disorders;
• promotes terrorism, violent extremism, criminal activity;
• interferes with or disrupts the Services or servers or networks connected to the Services;
• in the sole judgment of Analemma, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose Analemma or its users to any harm or liability.

While we're not required to do so, we may access, review, screen, edit, modify, and delete Your Content at any time and for any reason, including to provide and develop the Services or if we think Your Content violates this Agreement or any applicable laws. We have the right to remove any of Your Content that violates this Agreement or is deemed otherwise objectionable by us, in our sole discretion.

5.4 Prohibited Use

You agree not to do any of the following in connection with your use of the Services:

• submit personal information or proprietary data of third parties without their consent;
• obtain or attempt to obtain any information through any means not intentionally made available or provided for through the Services;
• compromise children's safety, including to facilitate the trafficking, sextortion, or any other form of exploitation of a minor;
• lease, lend, sell, or sublicense any part of the Services;
• try to evade any technological measure designed to protect the Services or any technology associated with the Services;
• reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Services source code, in whole or in part;
• use the Services for the benefit of, or export or re-export the Services to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws, including sanctions and export control laws.

We reserve the right to investigate and take appropriate action against anyone who we conclude, in our sole discretion, has violated the provisions above. That action may include, without limitation, removing Your Content from the Services, suspending or terminating your Account, and reporting you to law enforcement agencies.

6. Protection of Personal Data

All the Personal Data collected from you is subject to applicable laws and Analemma shall use its best efforts to protect your Personal Data. Please carefully review the Privacy Policy to understand how Analemma collects, utilizes, and shares your Personal Data. Your use of or access to the Services signifies your agreement to the processing of your Personal Data in accordance with our Privacy Policy.

7. Payment and Fees

7.1 Paid Service

The Services or some parts of the Services are or may become available only with a paid subscription or credits ("Paid Services"). The Paid Services are available to adults only.

You acknowledge that you must not obtain Paid Services through illegal means such as theft, exploitation of system vulnerabilities, or by purchasing through unauthorized sales channels.

You're responsible for all applicable taxes, and we'll charge tax when required. If your payment cannot be completed, we may downgrade your Account or suspend your access to our Paid Services until payment is received.

7.2 Subscription and Cancellation

If you upgrade your Account to a paid subscription, you agree that you will be billed in advance on a recurring and periodic basis, depending on the type of subscription plan you select, and the details presented when purchasing the subscription.

You can cancel your subscription at any time either through your Account settings page or by contacting us. Unless you cancel the automatic renewal before the end of the current period, your subscription will automatically renew under the exact same conditions.

7.3 Paid Credits

We may offer the option to prepay for certain Paid Services through the purchase of credits. Service credits are not legal tender or currency; are not redeemable, refundable, or exchangeable for any sum of money or monetary value (except where required by law); have no equivalent value in fiat currency; do not act as a substitute for fiat currency; and do not constitute or confer upon you any personal property right. Service credits are non-transferable and may be used only in connection with the applicable Service for which they were issued.

Your available credit balance may be reviewed within the Services. You are solely responsible for verifying that the proper amount of service credits has been added to or deducted from your balance. Your service credit balance is not a bank account, digital wallet, stored value account, or other payment device.

We prohibit and do not recognize any purported transfers, sales, gifts, or trades of service credits. Evidence of any attempt to use, sell, or transfer service credits in any manner violates this Agreement and may result in revocation, termination, or cancellation of the service credits and/or your use of the Services without refund and/or immediate suspension or termination of your Account.

7.4 Fee Changes

Analemma, in its sole discretion and at any time, may modify the Paid Services fees. We will provide you with reasonable prior notice of any change in Paid Services fees to give you an opportunity to terminate your Paid Services before such change becomes effective. Your continued use of the Paid Services after the fee change comes into effect constitutes your agreement to pay the modified fee amount.

7.5 Refund

Except when required by law, Paid Services fees are non-refundable. Certain refund requests for Paid Services may be considered by us on a case-by-case basis and granted at our sole discretion.

8. Indemnification

8.1 Third-Party Components

The Services may include, integrate with, or utilize third-party large language models, plug-ins, APIs, or other services provided by third parties (collectively, "Third-Party Services"). Your use of any Third-Party Services is subject to the separate terms, conditions, and privacy policies provided by the third-party provider. You acknowledge and agree that:

• Your use of Third-Party Services may be subject to conditions established by such third parties (e.g., a third-party LLM may refuse to generate output if your input is harmful or contains improper content).
• To enable you to use the Services, Your Content may be shared with such third parties.
• Analemma does not control, endorse, or assume any responsibility for any Third-Party Services or any output generated or other content made available by them.
• Analemma has no obligation to pre-screen, monitor, review, or edit any output or other content provided by or through Third-Party Services.

8.2 Data Processing for Third-Party Plug-ins

If you choose to enable or use a third-party plug-in or integration, you acknowledge that Your Content, Output, or other data may be transmitted to and processed by such third party in accordance with the third party's terms. Analemma is not responsible for the data handling practices of any third-party provider.

In particular, when you choose to integrate Third-Party Services into Analemma's services or products, you may provide us with certain credentials required for such integration (e.g., API keys, access tokens, OAuth tokens). We will collect, use, and retain such credentials solely to the extent necessary to enable and maintain the relevant integration functionalities, and will implement reasonable security measures to protect such information. You acknowledge and agree that such third-party services are provided and operated independently by their respective providers, and we make no representations or warranties regarding the security or operation of such third-party services. Any unauthorized access to, disclosure, or misuse of your credentials shall not be attributed to us where such incidents arise from: (i) security incidents or vulnerabilities of the third-party service provider; (ii) your failure to properly safeguard your credentials or your voluntary disclosure thereof; (iii) your use or exposure of such credentials in environments outside our product; or (iv) any other circumstances not caused by us.

To the fullest extent permitted by applicable law, any losses or adverse consequences arising from the foregoing shall be borne by you or resolved by you directly with the relevant third party.

8.3 Your Indemnification of Analemma

You agree to defend, indemnify and hold Analemma and/or its affiliates, employees, officers, managers, directors, agents, harmless from and against any claims, liabilities, losses, injuries, damages, costs, or expenses (including but not limited to attorney fees and other expenses) arising from or in connection with:

• Your Content;
• Your use of the Output;
• Your access or use of the Analemma Services;
• Your breach or alleged breach of any terms, conditions, obligations, representations or warranties contained under this Agreement;
• any materials, data or information provided by You or on Your behalf;
• Your violation of any applicable laws or third parties' rights and interests; and/or
• Your other illegal or inappropriate behavior.

9. Intellectual Property Complaints

Analemma respects intellectual property rights. Without limiting the generality of rights reserved elsewhere in this Agreement, Analemma reserves the right to respond to suspected infringement of intellectual property or publicity rights by: (i) blocking your access to the Services; (ii) terminating your account; (iii) removing or blocking Your Content; or (iv) taking other actions as deemed appropriate.

The code generation capabilities of the Services are designed to generate new, original code. Attempting to generate existing, copyrighted code via specific requests or other prompt manipulation is a violation of this Agreement.

If you believe that your intellectual property rights have been infringed, please contact us at: contact@analemma.ai. Written claims alleging copyright infringement must include the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that has been infringed, and a statement of rights secured over the same;
• A description of the infringing material and where the same is located on the site;
• Address, telephone number, and e-mail address of the copyright owner or its agent;
• A statement that the person submitting the claim has knowledge that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by the person submitting the claim, made under penalty of perjury, that the above information in the notice is accurate and that the person submitting the claim is the copyright owner or authorized to act on the copyright owner's behalf.

10. Injunctive Relief

Without prejudice to any other rights or remedies that Analemma may have, you acknowledge and agree that in the event of any threat to or actual breach of this Agreement, Analemma shall, without proof of special damage, be entitled to an injunction or other equitable remedy in addition to any damages or remedies to which Analemma may be entitled. You waive any opposition to such injunctive relief, as well as any demand that we prove actual damage or post a bond or other security in connection with such injunctive relief.

11. Limitation of Liability

11.1 You agree that your use of the Analemma Services shall be at your own risk. Analemma provides the Services on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by applicable laws, Analemma and/or its affiliates, employees, officers, managers, directors, agents, disclaim all warranties of any kind, including but not limited to any warranties of merchantability, error-free, non-infringement, or for a particular purpose, regardless of express or implied, regardless of whether in the aspect of tort, contract or otherwise, and regardless of whether Analemma has been advised of the possibility of such liabilities.

11.2 ANALEMMA HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS, COMMON LAW DUTIES AND REPRESENTATIONS, EITHER EXPRESS, IMPLIED, ORAL OR WRITTEN. Analemma makes no warranties about the accuracy or completeness of the Analemma Services. Also, Analemma assumes no liability or responsibility for:

• any errors, mistakes, or inaccuracies of the Analemma Services;
• personal injury, property damage, lost profits, loss of data or any indirect, special, incidental, exemplary, consequential or punitive damages arising from your use of the Analemma Services;
• any interruption, suspension or termination of the Analemma Services;
• any bugs, viruses, malware, harmful code, other harmful components transmitted by third parties on or through the Analemma Services;
• any third-party programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any of your personal information; and/or
• any damages arising from or in connection with unexpected circumstances or otherwise beyond our reasonable control.

11.3 ANALEMMA MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES, OR CONDITIONS THAT ANY OUTPUT IS FREE FROM ERRORS OR BUGS, AUTHENTIC, ACCURATE, VERIFIABLE, RELIABLE, COMPLETE, OR UP-TO-DATE, AND DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS OF ANY NATURE FOR THE OUTPUT, EXPRESSLY OR IMPLIED. ANALEMMA DOES NOT WARRANT THAT THE OUTPUT WILL NOT INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

11.4 The Services may include a feature that automatically executes tasks on your behalf and at your request, such as executing Outputs, data processing, and system interactions ("Actions"). These Actions may be executed without manual review or confirmation. You acknowledge that Actions are provided "as-is" and may not be error-free or operate as you intended. By enabling or using this feature, YOU ASSUME ALL RISKS ASSOCIATED WITH SUCH ACTIONS, INCLUDING SYSTEM OUTAGES, SOFTWARE DEFECTS, DATA LOSS, AND SECURITY VULNERABILITIES. YOU ARE SOLELY RESPONSIBLE FOR ALL ACTIONS AND ANY RESULTS OR CONSEQUENCES ARISING FROM THE USE OF THIS FEATURE, INCLUDING ENSURING THAT APPROPRIATE SAFEGUARDS, TESTING, AND MONITORING ARE IMPLEMENTED.

11.5 Analemma has no control over third-party sites which you may have access, including those sites which are linked to our Services or software. Therefore, Analemma is not responsible for the content or function of any other websites and disclaims any liability for any aspects of such third-party websites via your direct access or through our Services or software functionality. The applicable service terms and privacy policies of those third-party websites shall govern your use of such websites.

11.6 In no event shall Analemma be liable to you or third parties for any indirect, incidental, punitive, special, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, use, data, or other economic advantage), however it arises, whether for breach of contract or in tort, even if Analemma has been advised of the likelihood of such damages occurring.

THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF ANALEMMA AND OUR MEMBERS, OFFICERS, EMPLOYEES, DIRECTORS, CONSULTANTS, AFFILIATES, WILL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO THE TOTAL FEES PAID BY YOU TO US DURING THE THREE (3) MONTHS PRIOR TO YOU MAKING A CLAIM AGAINST ANALEMMA. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY PROVIDED BY US FAILS TO PROVIDE ADEQUATE COMPENSATION.

Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, this Agreement only limits our responsibilities to the maximum extent permissible in your country of residence.

12. Notice

To the maximum extent permitted by applicable laws, Analemma may send notices (including but not limited to various rules, notifications, prompts, or other information pertaining to the use of the Analemma Services) to the users through one or more of the following, including but not limited to notice or announcement within the Services, email, or other contact information you provided to Analemma.

Once any notice is dispatched or sent in any way listed above by Analemma, it shall be deemed to have been served to you and have a binding effect on you. If you do not agree to such notice, please inform Analemma in writing within fifteen (15) days as of the receipt of such notice. Otherwise, it shall be deemed that you have accepted and agreed to such notice.

13. Termination

13.1 Terms

This Agreement is effective upon your creation of an Account, and shall remain in effect until it is terminated or superseded by a new agreement, or, if neither of the foregoing events occur, as long as you continue using the Services. In the event that Analemma chooses to cease providing the Services, or license to a third party the right to provide the Services, Analemma shall use reasonable commercial efforts to provide you with prior notice, unless the discontinuance arises from a matter that is beyond our control or causes the provision of such advance notice not to be possible or feasible. Neither the Analemma Service nor the agreement to provide access to the Analemma Service shall be considered a rental or lease of time on the capacity of Analemma's servers or other technology.

13.2 Termination

• You may terminate this Agreement by cancelling your Account within the Services or by contacting us. PLEASE BE AWARE AND ACKNOWLEDGE THAT THE CANCELLATION OF YOUR ACCOUNT IS AN IRREVOCABLE ACTION. AFTER CANCELLING YOUR ACCOUNT, YOU WILL NO LONGER BE ABLE TO LOG IN OR USE ANY OF OUR PRODUCTS OR SERVICES, AND YOU WILL NOT BE ABLE TO RETRIEVE ANY CONTENT OR INFORMATION BOUND TO OR OTHERWISE GENERATED UNDER YOUR ACCOUNT, UNLESS OTHERWISE STIPULATED BY APPLICABLE LAWS.
• We reserve the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most Account suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, we may provide you with a prior warning and/or suspend your use of the Account due to your non-compliance prior to terminating the Agreement or modifying or deleting an Account.
• The Dispute Resolution provisions of this Agreement will survive termination and apply to all Disputes that arose or could have been initiated prior to termination. Also, all the rights and interests of Analemma and the authorization (if any) granted to Analemma shall still remain in effect and survive the termination of this Agreement.

14. Governing Law and Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.

• The Agreement and any dispute or claim arising out or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Singapore.
• Before bringing a formal legal case, you must first contact us at contact@analemma.ai. If you and Analemma can't resolve the dispute, you may bring a legal claim in the appropriate venue as explained in the remainder of this section.
• Any dispute arising out of or in connection with the Agreement, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this Section. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The arbitration language will be English. The arbitral award is final and binding upon both parties.
• If the above arbitration terms are not enforceable on any dispute, both parties agree that such dispute shall be brought in a court in Singapore. You hereby consent to, and waive all defenses of lack of personal jurisdiction and/or forum non conveniens with respect to venue and jurisdiction, whether by arbitration or judicial judgment.
• SUBJECT TO APPLICABLE LAWS AND REGULATIONS, ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION.

15. No Assignment

You may not assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, whether by operation of law or otherwise, without the express prior written consent of Analemma. Otherwise, Analemma may, in its sole discretion, terminate providing any services to you without prior notice. If the restrictions on transfer are not enforceable under the law of your country or residence, then this Agreement will be binding on you and any of your recipients. Notwithstanding the foregoing, Analemma shall be entitled to at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.

16. General

• Analemma reserves the right to amend, modify or revise this Agreement. This Agreement may be updated from time to time to accurately reflect our services and practices, to promote a safe and secure experience on our Services and/or to comply with applicable law. We will only make changes if the provisions are no longer appropriate or if they are incomplete and only if the changes are reasonable and take due account of your interests or if the changes are required for safety and security purposes or to comply with applicable law. We will give you at least 30 days advance notice of changes to this Agreement that materially adversely impact you either via email or an in-product notification. All other changes will be effective as soon as we post them within our Services. If you do not agree to the changes, you must stop using our Services.
• If any provision of this Agreement is held to be void or declared illegal, invalid or unenforceable for any reason whatsoever, such provision shall be divisible and deleted from this Agreement and the rest of this Agreement may not be affected and remain in effect. Notwithstanding the foregoing, if the class action waiver is found invalid, unenforceable, or illegal, you agree that it may not be severable. In other words, under no circumstances shall arbitration be conducted on a class basis without the express prior written consent of Analemma.
• You agree that Analemma expressly reserves the right, at any time for any reason without prior notice and without any form of compensation, to suspend or deny anyone's use or access to the Services; to cease providing any services; and/or to change, add any portion of the Services.
• No failure or delay on the part of Analemma in exercising any right, power or privilege hereunder shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of it or the exercise of any other right, power or privilege.
• You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and Your Content may not include material or information that requires a government license for release or export.

17. Contact

Users with questions, complaints or claims with respect to this Agreement or the Services may contact us at contact@analemma.ai.

18. Notice to California Residents

Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.