IMPORTANT NOTICES: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. SEE SECTION 13 FOR DETAILS, INCLUDING YOUR RIGHT TO OPT OUT WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS.
These Terms of Service (“Terms”) govern your access to and use of the platform, software, and related services provided by Aperium AI (“we,” “us,” or “our”) (collectively, the “Services”). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
You represent that you are at least 18 years of age (or the age of majority in your jurisdiction) and have the authority to enter into these Terms on behalf of yourself and, if applicable, any organization you represent.
1. The Services
Aperium AI is an AI-native, open-source enterprise platform that learns from every workflow and continuously improves.
From time to time, we may make available features, functionality, or aspects of the Services that are designated as “beta,” “early access,” “preview,” or similar (“Beta Features”). Beta Features are provided for evaluation purposes only, may not be fully functional, and may be modified or discontinued at any time without notice or liability. Beta Features are provided “AS IS” without any warranty, support obligation, or service level commitment. Your use of Beta Features is at your own risk. We may collect and use data generated through your use of Beta Features to improve the Services.
2. Your Account
You may be required to create an account to access portions of the Services. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You may not share your credentials with any other person or permit unauthorized access to your account.
We may suspend or terminate your account at any time if we suspect unauthorized use, a violation of these Terms, or conduct that poses a security risk to the Services or other users.
3. Acceptable Use
You agree not to use the Services to:
- Violate any applicable law or regulation
- Transmit any content that is unlawful, harmful, infringing, defamatory, or otherwise objectionable
- Interfere with or disrupt the integrity or performance of the Services
- Attempt to gain unauthorized access to any system or data
- Reverse engineer, decompile, or disassemble any portion of the Services
- Use the Services to train competing machine learning models without our prior written consent
We reserve the right to suspend or terminate access for any violation of this Section or for any other conduct we determine, in our sole discretion, to be harmful to the Services, other users, or third parties.
4. Content and Intellectual Property
4.1 Our Content
All content, software, technology, and materials made available through the Services (“Aperium AI Content”) are the exclusive property of Aperium AI or its licensors and are protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from Aperium AI Content except as expressly permitted by these Terms.
4.2 Your Content
You or your organization retain all rights in the data, content, and materials you submit through or direct us to process via the Services (“User Content”). By submitting User Content, you grant us a limited, non-exclusive, worldwide license to use, process, and store your User Content solely to the extent necessary to provide the Services. We do not claim ownership of your User Content.
You represent and warrant that you have all rights necessary to submit User Content and to grant the license above, and that your User Content does not violate any third-party rights or applicable law.
4.3 Feedback
If you provide feedback, suggestions, or ideas regarding the Services (“Feedback”), you grant us a perpetual, irrevocable, royalty-free license to use the Feedback for any purpose without compensation to you.
5. Privacy
Our Privacy Notice provides information about our processing of personal information in connection with the Services. Please review it carefully.
6. Third-Party Services
The Services may enable integration with or links to third-party services, platforms, and websites. We do not control and are not responsible for third-party services. We disclaim all liability arising from your use of or reliance on third-party services. By connecting third-party accounts or systems to the Services, you authorize us to interact with those accounts on your behalf to the extent necessary to deliver the functionality you request. Your use of any third-party service is subject to that service’s own terms and privacy policies. You remain responsible for your use of any third-party services and compliance with their applicable terms.
7. Confidentiality
“Confidential Information” means any non-public information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”) in connection with the Services that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your User Content constitutes your Confidential Information; our technical, business, and pricing information constitutes our Confidential Information.
Each party agrees to: (a) hold the other party’s Confidential Information in strict confidence using at least the same degree of care it uses to protect its own confidential information of like sensitivity, but no less than reasonable care; (b) use the other party’s Confidential Information solely to exercise rights and fulfill obligations under these Terms; and (c) not disclose the other party’s Confidential Information to any third party without prior written consent, except to employees, contractors, or professional advisors who have a need to know and are bound by written confidentiality obligations at least as protective as those in this Section.
These obligations do not apply to information that: (i) is or becomes publicly known through no act or omission of the Receiving Party; (ii) was rightfully known to the Receiving Party before disclosure without restriction as to use or disclosure owed to the Disclosing Party prior to receiving such information from the Disclosing Party; (iii) is subsequently received from a third party who, to the knowledge of the Receiving Party, has the right to disclose it and who provides it without restriction as to use or disclosure; or (iv) is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information.
A Receiving Party may disclose Confidential Information to the extent required by law, regulation, or valid court order, provided that the Receiving Party: (x) gives the Disclosing Party reasonable prior written notice of the required disclosure (to the extent permitted by law); and (y) reasonably cooperates with the Disclosing Party’s efforts to seek a protective order or other appropriate relief at the Disclosing Party’s expense.
The obligations of this Section survive termination or expiration of these Terms for a period of three (3) years, except with respect to trade secrets, which shall be protected for so long as the information qualifies as a trade secret under applicable law.
8. Termination and Suspension
Either party may terminate these Terms at any time. We may suspend or terminate your access to the Services immediately, without notice, if you violate these Terms or if we determine that continued access poses a risk to the Services or other users. Upon termination, your right to use the Services ceases immediately.
We may also modify, suspend, or discontinue all or any portion of the Services at any time, for any reason, without liability to you.
9. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS. NO ADVICE OR INFORMATION OBTAINED FROM US OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Given the early stage of the Services, functionality may be limited, inaccurate, or subject to disruption. You assume all risk associated with your use of the Services.
AI-Generated Outputs. The Services use artificial intelligence to generate outputs, including summaries, drafts, analyses, recommendations, and other content (“AI Outputs”). AI Outputs are generated automatically and may be inaccurate, incomplete, outdated, biased, or otherwise unsuitable for your specific circumstances. AI Outputs do not constitute legal, financial, medical, or other professional advice of any kind. You should not rely on AI Outputs as a substitute for qualified professional judgment, and you are solely responsible for reviewing, validating, and determining the appropriateness of any AI Output before use or reliance. We expressly disclaim all responsibility for decisions made or actions taken in reliance on AI Outputs.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL APERIUM AI OR ITS AFFILIATES, OFFICERS, EMPLOYEES, PRINCIPALS, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow exclusion of certain warranties or limitations on certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.
11. Indemnification
You agree to indemnify, defend, and hold harmless Aperium AI and its affiliates, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your access to or use of the Services; (b) your violation of these Terms; (c) your User Content; or (d) your violation of any third-party rights. We reserve the right to assume exclusive control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.
12. Governing Law
These Terms and any disputes arising out of or related to the Services are governed by the laws of the State of California, without regard to its conflict of laws principles. Subject to the arbitration agreement in Section 13, any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to personal jurisdiction in such courts.
13. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT AS DESCRIBED BELOW.
13.1 Agreement to Arbitrate
Except as otherwise provided in this Section 13, you and Aperium AI agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including any question of arbitrability, shall be resolved exclusively through final and binding arbitration before a single neutral arbitrator, rather than in court.
13.2 Arbitration Procedures
Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (available at www.adr.org), as modified by these Terms. The arbitration will take place in the county where you reside or, if you prefer, via videoconference. The arbitrator’s award will be final and binding and may be entered in any court of competent jurisdiction.
Unless the AAA Rules require otherwise or the arbitrator determines that a hearing is necessary, the arbitration may be conducted on the basis of written submissions.
We will pay arbitration filing fees for claims that do not exceed $10,000, unless the arbitrator determines the claim is frivolous. For claims exceeding $10,000, the AAA’s fee-sharing rules apply.
13.3 Class Action Waiver
YOU AND APERIUM AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. EXCEPT AS PROVIDED IN SECTION 13.7 (MASS ARBITRATION PROCEDURES), THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
If this class action waiver is found to be unenforceable with respect to a particular claim or set of claims, those specific claims shall be severed from the arbitration and may proceed in court on an individual (not class or representative) basis; this waiver shall remain in full force and effect with respect to all other claims.
13.4 Exceptions to Arbitration
The following claims are not subject to this arbitration agreement and may be brought in court:
- Claims within the jurisdiction of small claims court
- Claims seeking injunctive or other equitable relief to prevent actual or threatened infringement or misappropriation of intellectual property rights
13.5 Opt-Out Right
You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to legal@aperium.ai within 30 days of the date you first accept these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, neither party will be bound by the arbitration agreement in Section 13 with respect to each other; all other provisions of these Terms remain in full force. Opting out will not affect any other terms or your ability to use the Services.
13.6 Severability
If any portion of this Section 13 (other than the class action waiver in Section 13.3) is found to be invalid or unenforceable, that portion shall be severed and the remaining provisions shall continue in full force and effect.
13.7 Mass Arbitration Procedures
If 25 or more similar arbitration demands are filed against us by or with the assistance of the same counsel or coordinating entity, the following procedures apply: (a) a single process arbitrator will be appointed to resolve threshold procedural issues applicable to all demands; (b) demands will be arbitrated in batches of no fewer than ten (10) and no more than fifty (50), selected by counsel for the parties in equal number, with remaining demands stayed pending completion of each batch; (c) the parties will participate in good-faith mediation following the first completed batch. These procedures are intended to promote efficient resolution while preserving each claimant’s right to individual arbitration. If any part of this Section 13.7 is found unenforceable, demands will proceed individually under the AAA Mass Arbitration Supplementary Rules then in effect.
14. Export Controls and Sanctions Compliance
The Services, including any software, technology, and documentation provided in connection therewith, are subject to applicable U.S. export control laws and regulations, including the Export Administration Regulations ("EAR," 15 CFR Parts 730–774) administered by the U.S. Department of Commerce Bureau of Industry and Security, the International Traffic in Arms Regulations ("ITAR," 22 CFR Parts 120–130) administered by the U.S. Department of State Directorate of Defense Trade Controls, and the sanctions programs administered by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC").
You represent and warrant that: (a) you are not located in, and are not a national or resident of, any country subject to a U.S. government embargo or designated as a "State Sponsor of Terrorism"; (b) you are not listed on any U.S. government list of prohibited or restricted parties, including the OFAC Specially Designated Nationals and Blocked Persons List, the U.S. Department of Commerce Denied Persons List, or the U.S. Department of State Debarred Parties List; and (c) you will not use the Services for any purpose prohibited by applicable U.S. export control or sanctions laws.
You are solely responsible for ensuring that your access to, use of, and deployment of the Services — including any on-premises deployment within your own environment — complies with all applicable export control and sanctions laws and regulations, and for obtaining any export licenses, authorizations, or other government approvals required for your specific use case. This responsibility includes, without limitation: determining whether any data you process through or in connection with the Services is subject to export controls or other regulatory restrictions; ensuring that access to the Services and any data processed therein is limited to persons authorized under applicable law, including compliance with any applicable "foreign person" restrictions under ITAR; and ensuring that any on-premises deployment of the Services satisfies all legal and regulatory requirements governing your operations and industry.
The Services are general-purpose commercial software. Aperium AI does not represent or warrant that the Services are designed for, certified for, or approved for use in connection with ITAR-controlled technical data, classified information, or other specially controlled government information. If your operations involve such information, you are solely responsible for implementing appropriate technical, administrative, and physical controls within your own environment to ensure compliance with applicable law, and for any consequences arising from your failure to do so.
15. General Provisions
These Terms constitute the entire agreement between you and Aperium AI regarding the Services and supersede any prior agreements unless you have a separately negotiated and executed agreement with us, in which case that agreement controls. If any provision is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in effect. Our failure to enforce any provision does not constitute a waiver. We may assign our rights and obligations under these Terms without your consent in connection with a merger, acquisition, reorganization, or transfer of assets. You may not assign your rights or obligations without our prior written consent. The word “including” as used in these Terms means “including without limitation.”
16. Modifications to These Terms
We may update these Terms from time to time. We will indicate the date of the most recent update at the top of this document. If we make material changes, we will provide notice via the Services or by email. Your continued use of the Services following any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.
17. Electronic Communications
These Terms and any related communications may be entered into and provided electronically. By using the Services, you consent to receive electronic communications from us and agree that such communications satisfy any legal requirement that communications be in writing.
18. Contact
If you have questions about these Terms, please contact us at legal@aperium.ai.
Change Log
April 1, 2026 — Terms of Service first published.