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Last Updated: Feb 8, 2026 These Terms of Service (these “Terms”) govern your access to and use of the websites, application programming interfaces (APIs), software, documentation, and other online services provided by Agent Velo, LLC (“Aerspan,” “we,” “our,” or “us”), including but not limited to the services available at or through https://aerspan.com (collectively, the “Service”). By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms and acknowledge that you have read our Privacy Policy. These Terms apply to all visitors, users, and others who access the Service (“Users,” and as applicable to you, “you” or “your”). If you are using the Service on behalf of a company, organization, or other entity (an “Organization”), you represent and warrant that you are an authorized representative of that Organization with the authority to bind it to these Terms, and you agree to these Terms on the Organization’s behalf. In such a case, “you” and “your” will refer to that Organization. PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND A CLASS ACTION/JURY TRIAL WAIVER THAT REQUIRE, WITH LIMITED EXCEPTIONS, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

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1. The Aerspan Service

Eligibility - Age Requirement. You may use the Service only if you can form a binding contract with Aerspan and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations (“Applicable Law”). Any use or access to the Service by anyone under the age of 18 is strictly prohibited. If you are under 18, you may not use the Service under any circumstances. The Service is not available to any Users previously removed from the Service by Aerspan. Minor Account Discovery. If we become aware that a user is under 18 years of age, we will immediately terminate the Account and issue a full refund of all unused Credits purchased by that Account, regardless of our standard refund policy. Parental Notice. If you are a parent or guardian and believe your child has created an Account or purchased Credits, please contact us immediately at support@aerspan.com. We will terminate the Account and process a full refund. Your Account. To access most features of the Service, you must register for an account (your “Account”). Your Account gives you access to the services and functionality that we may establish and maintain from time to time in our sole discretion. Account Security. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, and you must keep your Account credentials (such as passwords or API keys) secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account. You must notify Aerspan immediately of any breach of security or unauthorized use of your Account. Aerspan will not be liable for any losses caused by any unauthorized use of your Account. Credential Sharing Prohibited. You may not share your Account credentials or API keys with any third party. Sharing credentials is grounds for immediate Account termination without refund. Account Compromise. If we detect suspicious activity or unauthorized access to your Account, we may temporarily suspend your Account and require additional verification before restoring access. We are not liable for any unauthorized use of compromised credentials. Account Information. By providing Aerspan with your email address, you consent to our using that email address to send you Service-related notices, including any notices required by Applicable Law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. Service Model. Aerspan operates self-hosted GPU computing infrastructure to provide AI inference services. The Service allows Users to access open-source large language models through API endpoints. Aerspan provides computing resources on a shared, non-dedicated basis. No Dedicated Resources. Unless you have entered into a separate written agreement with Aerspan for dedicated infrastructure, all Services are provided on shared computing resources. Multiple users may utilize the same underlying hardware concurrently. Performance Variables. Service performance, including response time and throughput, may vary based on concurrent system load, model complexity, request size, and infrastructure capacity. We do not guarantee specific performance metrics unless otherwise specified in a separate service level agreement. Model Availability. The Service utilizes open-source AI models subject to third-party licenses. Current models and their licenses are listed at https://aerspan.com/models. We reserve the right to add, remove, or replace models at any time without prior notice. Model availability, capabilities, and performance characteristics may change. No Uptime Guarantee. We strive to maintain high availability but do not guarantee any specific uptime percentage or service level agreement unless specified in a separate written agreement. Maintenance. We may perform scheduled maintenance on the Service. When feasible, we will provide advance notice of planned maintenance that may cause service interruptions. Service Interruptions. We are not liable for service interruptions caused by third-party infrastructure failures, DDoS attacks, security incidents, force majeure events, or other circumstances beyond our reasonable control. No Compensation for Downtime. Service interruptions or degraded performance do not entitle you to refunds, Credits, or other compensation unless specified in a separate service level agreement. Service Changes. We may, with or without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; modify pricing; or create or modify usage limits for the Service. Material changes to features you are actively using will be announced with reasonable advance notice when commercially feasible. Your Termination. You may terminate your Account at any time through your Account dashboard or by contacting support@aerspan.com. Upon voluntary termination, all unused Credits will be forfeited without refund except as provided in Section 5. Our Termination for Cause. We may immediately terminate or suspend your access to the Service without notice for any violation of these Terms, suspected fraudulent activity, abuse of the Service, or other conduct we determine to be harmful to the Service or other users. Termination for cause results in immediate forfeiture of all Credits without refund. Our Termination Without Cause. We may terminate your Account without cause by providing thirty (30) days written notice. In such case, you may continue to use your remaining Credits during the notice period or request a pro-rata refund for Credits purchased within the six (6) months prior to the termination notice. Service Shutdown. If we permanently discontinue the Service, we will provide ninety (90) days advance notice and allow you to use remaining Credits during the notice period. Credits purchased within six (6) months of the shutdown notice will be eligible for pro-rata refund. Credits older than six months will not be refunded. We will provide data export capabilities during the notice period. Effect of Termination. Upon termination for any reason, you must immediately cease all use of the Service. Sections 3, 4, 5, 6, 8, 9, 10, 11, 12, and 14 shall survive any termination of these Terms.

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2. Access and Use of the Service

License Grant. Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable license to access and use the Service for your personal or internal business purposes, as permitted by the features of the Service. Aerspan reserves all rights not expressly granted herein in the Service and the Aerspan IP (as defined below). Restrictions and Acceptable Use. You agree not to, and will not assist or enable others to: (a) disassemble, reverse engineer, decompile, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Service or any software, documentation, or data related to the Service; (b) use any robot, spider, scraper, data mining tool, or other automated means to access the Service for any purpose without our express written permission, or bypass any measures we may use to prevent or restrict access to the Service; (c) use any content or Output (as defined below) from the Service to train, develop, or improve any artificial intelligence or machine learning models that compete with Aerspan or the Service, or that are offered commercially; (d) buy, sell, rent, lease, or transfer API keys, Credits, or Account access without our prior written consent; (e) copy, rent, lease, sell, transfer, assign, sublicense, or otherwise commercially exploit any part of the Service or our Intellectual Property; (f) take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure or that of our third-party providers; (g) use the Service for any purpose that is fraudulent, deceptive, or violates any Applicable Law, contractual obligation, or the rights of any person, including intellectual property rights, privacy rights, or rights of publicity; (h) use the Service to generate, distribute, or facilitate the distribution of content that is illegal, defamatory, harassing, abusive, fraudulent, obscene, contains or promotes child sexual abuse material (CSAM), or that promotes hatred, violence, terrorism, or harm against any individual or group; (i) use the Service to develop competing products or services or for any purpose to our competitive disadvantage; (j) bypass, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict use or copying of content or that enforce limitations on use; (k) transmit any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature through the Service; (l) impersonate another person or entity, falsely state or misrepresent your affiliation with a person or entity, or use false headers or other means to disguise the origin of content transmitted through the Service; (m) engage in any cryptocurrency mining, blockchain validation, or similar activities using the Service’s computing resources; (n) collect, harvest, scrape, or aggregate any personally identifiable information, including account names or email addresses, from the Service; (o) use the Service to generate personally identifiable information about individuals without their consent, including but not limited to synthetic identities, deepfakes of real people, or content impersonating specific individuals; (p) use the Service to generate content for the purpose of manipulating public opinion, interfering with elections, spreading disinformation, or conducting coordinated inauthentic behavior campaigns. Rate Limits. Your API usage is subject to rate limits measured in requests per minute and requests per hour. Current limits are displayed in your Account dashboard and may vary based on your subscription tier and usage history. Concurrent Requests. You may have a maximum number of concurrent requests as specified in your Account dashboard. Additional concurrent requests will be queued or rejected. Request Size. Individual API requests are subject to maximum token limits that vary by model. Requests exceeding these limits will be rejected. Context Window. Each model has a maximum context window (total tokens including input and output). This information is available in our model documentation. Timeout Limits. Requests that exceed maximum processing time will be automatically terminated. Long-running requests may be interrupted to ensure fair resource allocation. Fair Use. We may implement additional fair use policies, throttle usage, or temporarily suspend service for usage patterns that we determine, in our sole discretion, to be excessive, abusive, or detrimental to service quality for other users. Limit Modifications. We may adjust usage limits at any time without prior notice. Current limits are always available in your Account dashboard. Automated Systems. We employ automated content filtering and anomaly detection systems to identify violations of the restrictions and acceptable use provisions above. These systems may automatically block requests, flag content for review, or temporarily suspend Accounts pending investigation. Manual Review. We reserve the right to manually review flagged User Content, Output, or usage patterns where we have reasonable suspicion of Terms violations or illegal activity. During a review, your Account may be temporarily suspended. CSAM Policy. We have zero tolerance for child sexual abuse material (CSAM). Any attempt to generate, access, store, or distribute CSAM through the Service will result in immediate Account termination, permanent ban, forfeiture of all Credits, and mandatory reporting to the National Center for Missing & Exploited Children (NCMEC) and appropriate law enforcement agencies as required by 18 U.S.C. § 2258A. Law Enforcement Cooperation. We will cooperate fully with law enforcement investigations and comply with valid legal process. We may disclose User Content, Output, Account information, or usage data when legally required or when necessary to prevent imminent harm.

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3. User Content and AI Output

User Content. You may provide input to the Service, such as text prompts, data, or other information (“User Content”). You are solely responsible for your User Content and the consequences of providing it. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Content and that its use as contemplated by these Terms will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, or any other intellectual property or proprietary right. Rights to User Content. As between you and Aerspan, you retain all ownership rights in your User Content. You grant Aerspan a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, process, store, and display your User Content solely for the purposes of operating, providing, improving, and securing the Service. Processing Purpose. We process User Content solely to provide the Service to you and for the limited purposes specified in this section. Temporary Retention. User Content may be temporarily cached or logged for service delivery, performance optimization, debugging, abuse detection, and security purposes. Retention Period. User Content is automatically deleted within thirty (30) days of processing, except where longer retention is required by Applicable Law or necessary for dispute resolution. Metadata Retention. We retain non-content metadata (timestamps, token counts, model used, request/response sizes, error codes) for billing accuracy, fraud prevention, service improvement, and compliance purposes. This metadata does not include the substance of your User Content or Output. No Model Training. We do not use your User Content to train, fine-tune, or improve AI models or to develop new models, except with your explicit prior written consent. Legal Disclosure. We may disclose User Content if required by law, court order, legal process, or governmental request, or when we believe in good faith that disclosure is necessary to prevent death or serious bodily harm, protect our rights or property, or investigate violations of these Terms. AI Output. The Service may generate responses or other output based on your User Content (“Output”). As between you and Aerspan, and subject to your compliance with these Terms, you own all right, title, and interest in and to the Output to the extent such ownership is recognized under Applicable Law. You may use the Output for any lawful purpose, provided that such use does not violate these Terms or any Applicable Law. No Guarantees. We make no representations or warranties as to the accuracy, reliability, completeness, currentness, or appropriateness of any Output for any particular purpose. Output may contain errors, inaccuracies, omissions, or fabricated information (“hallucinations”). Non-Uniqueness. Output generated by the Service may not be unique. Other users submitting similar or identical User Content may receive identical or substantially similar Output. Human Review Required. You must evaluate the accuracy, appropriateness, and legal compliance of any Output before using it for any purpose. Output should not be used for any high-stakes decisions without human review and verification. Not Professional Advice. Output does not constitute and should not be relied upon as professional advice, including but not limited to legal, financial, medical, or therapeutic advice. You should consult qualified professionals for such advice. Output Liability. YOU ACKNOWLEDGE AND AGREE THAT YOU USE OUTPUT AT YOUR OWN RISK. AERSPAN SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR INJURIES YOU OR ANY THIRD PARTY ALLEGES TO INCUR AS A RESULT OF OR RELATING TO ANY OUTPUT, INCLUDING BUT NOT LIMITED TO DAMAGES FROM INACCURATE, MISLEADING, OFFENSIVE, OR HARMFUL OUTPUT.

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4. Our Intellectual Property

Aerspan IP. You acknowledge that Aerspan and its licensors own all right, title, and interest, including all patent rights, copyright rights, trademark rights, trade secret rights, and other intellectual property rights (collectively, “Intellectual Property Rights”), in and to the Service, and all software, algorithms, infrastructure, code, technology, documentation, branding, and know-how underlying or related to the Service (collectively, “Aerspan IP”). Except as expressly provided herein, these Terms do not grant you any rights in or to the Aerspan IP, and all such rights are reserved by Aerspan and its licensors. Third-Party Model Licenses. The Service may utilize open-source AI models that are subject to third-party licenses with specific terms, conditions, and restrictions. Information about the models we use and their applicable licenses is available at https://aerspan.com/models. You are responsible for ensuring that your use of the Service and any Output complies with applicable third-party model licenses. Some models may impose restrictions on commercial use, usage volume, or other conditions. License Changes. Third-party model providers may modify, revoke, or add restrictions to their licenses at any time. If a model license change affects your use of the Service, we will use commercially reasonable efforts to notify you, but we are not liable for any disruption or limitation resulting from such changes. Model Substitution. If we are required to discontinue use of a model due to license termination, violation, or restriction, we may substitute an alternative model with similar capabilities. We are not liable for any differences in Output quality, performance, or capabilities resulting from model substitution. Usage Data. We may collect diagnostic, technical, and usage-related information about your use of the Service, including but not limited to API call patterns, error rates, latency metrics, feature usage, and performance data (collectively, “Usage Data”). All Usage Data is owned solely by us, and we may use it for any lawful purpose, including to provide, maintain, analyze, improve, and secure the Service, develop new features, conduct research, and generate aggregate industry insights. Usage Data will be maintained in aggregated, anonymized, or de-identified form that does not identify you, your Organization, or the substance of your User Content. Feedback. If you provide us with any ideas, suggestions, recommendations, feature requests, or other feedback relating to the Service (“Feedback”), you hereby irrevocably assign to us all right, title, and interest in and to the Feedback, including all Intellectual Property Rights therein. We are free to use, implement, disclose, and exploit any Feedback for any purpose without any attribution, compensation, or other obligation to you. You waive any moral rights you may have in such Feedback. Reservation of Rights. Nothing in these Terms transfers or assigns to you any Intellectual Property Rights in or to the Service, Aerspan IP, or any component thereof. You shall not register, attempt to register, or claim ownership of any Aerspan trademarks, service marks, trade names, logos, domain names, or other distinctive brand features, or any confusingly similar marks, names, or features. Any goodwill arising from your use of Aerspan’s trademarks or brand features shall inure solely to the benefit of Aerspan. Output Ownership Limitations. While you own your Output as set forth in Section 3, such ownership does not grant you any rights in the underlying models, algorithms, weights, or other Aerspan IP or third-party intellectual property used to generate the Output. You may not assert any intellectual property claim against Aerspan or its licensors based on Output that is similar to or derived from Output generated for other users.

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5. Fees, Payments, and Refunds

Credit Purchase Required. Access to and use of the Service requires the purchase of prepaid usage credits (“Credits”). Each unit of Credit represents a prepaid allocation of computing resources that will be consumed based on your actual API usage. Credit Nature. Credits are non-refundable digital service units (except as explicitly stated in this Section 5), valid for twelve (12) months from the date of purchase, non-transferable and may not be sold, gifted, or exchanged, unable to be redeemed for cash under any circumstances, and subject to expiration and forfeiture as specified in these Terms. Pricing. Fees for Credits are displayed on our pricing page at https://aerspan.com/pricing and in your Account dashboard. Different models and service features consume Credits at different rates as specified in our pricing documentation. We reserve the right to change pricing at any time, with or without notice. Currency. All fees are quoted and payable in United States Dollars (USD). Consumption Calculation. Credits are consumed based on actual resource usage, which typically includes but is not limited to input tokens processed, output tokens generated, model type, and compute time. Detailed consumption rates for each model are available in your Account dashboard and model documentation. Real-Time Deduction. Credits are deducted from your Account balance in real-time as you use the Service. You can monitor your Credit balance at any time through your Account dashboard. Third-Party Payment Processor. We use third-party payment processors, including Stripe, to handle all payment transactions. Your use of payment services is subject to the applicable payment processor’s terms and conditions, and we are not responsible for the payment processor’s handling of your payment information. Authorization. By providing your payment method, you authorize us and our payment processors to charge your payment method for all applicable fees. You represent and warrant that you have the legal right to use the payment method you provide. Payment Information. You are responsible for providing current, complete, and accurate payment and contact information and for updating such information to keep it current and complete. We may suspend or terminate your Account if charges to your payment method are declined. Auto Top-Up. You may have the option to enable an automatic top-up feature (“Auto Top-Up”) that automatically purchases additional Credits when your balance falls below a specified threshold. If you enable Auto Top-Up, you authorize us to automatically charge your designated payment method for a pre-determined amount of Credits whenever your Credit balance falls below the threshold you specify. You may enable, disable, or modify your Auto Top-Up settings at any time through your Account dashboard. Changes take effect immediately but do not cancel any pending or in-process Auto Top-Up transactions. We are not responsible if Auto Top-Up fails due to payment method issues, such as insufficient funds, expired cards, or payment processor errors. Taxes. All fees are exclusive of applicable federal, state, local, or foreign taxes, levies, duties, or similar governmental assessments (“Taxes”). You are responsible for paying all Taxes associated with your purchase of Credits, excluding only taxes based on our net income. If we are required to collect or pay Taxes, such amounts will be charged to you in addition to the fees stated. Standard Refund - Pro-Rata Within Six Hours. You may request a refund for a purchase of Credits within twenty-four (24) hours of the transaction. If you request a refund within six (6) hours of the transaction, you may be eligible for a pro-rata refund of the unused portion of the Credits purchased, even if a portion of such Credits has been consumed. The pro-rata refund amount will be calculated based on actual resource usage attributable to that specific Credit purchase, using Aerspan’s internal usage accounting methodology. The determination of usage attribution and refund calculation shall be made in Aerspan’s sole discretion and shall be final and binding. Standard Refund - Full Refund for Unused Credits. If none of the Credits from that specific purchase have been consumed, you may request a full refund within twenty-four (24) hours of the transaction. Refund requests must be initiated through the self-service refund option in your Account dashboard or by contacting support@aerspan.com. Non-Refundable After Use. Once you begin to consume any portion of the Credits from a purchase, that entire purchase becomes immediately and irrevocably non-refundable. Underage Users. Notwithstanding the foregoing, if we determine or are notified that Credits were purchased by or on behalf of a person under 18 years of age, we will provide a full refund of all unused Credits regardless of usage or time elapsed, as specified in Section 1. Technical Errors. If Credits are consumed due to a documented error in our Service (such as incorrect billing calculations or system malfunctions that we confirm), we will refund or restore the incorrectly consumed Credits at our discretion. Fraudulent Transactions. If your payment method issuer reverses a charge (chargeback) or you dispute a charge, your Account will be immediately suspended, all Credits will be forfeited, and you may be permanently banned from the Service. We reserve the right to pursue legal action to recover the reversed charges plus any fees, costs, and expenses incurred. Termination by Aerspan. If we terminate your Account without cause as specified in Section 1, you may be eligible for a pro-rata refund as described in that section. Service Shutdown. If we permanently discontinue the Service as specified in Section 1, refund eligibility will be as described in that section. All Other Circumstances. Except as explicitly stated in this Section 5, all purchases of Credits are final and non-refundable, all payment obligations are non-cancelable, and all fees paid are non-refundable. This applies regardless of whether Credits expire unused, your Account is terminated, or you are dissatisfied with the Service. Credit Validity Period. All Credits expire twelve (12) months from the date of purchase and will be automatically forfeited without refund or compensation. Expiration Notice. We will make reasonable efforts to notify you via email when Credits are approaching expiration, but we are not obligated to do so, and failure to receive or read such notice does not extend the expiration date. No Extension. Expired Credits cannot be restored, extended, or refunded under any circumstances. FIFO Consumption. Credits are consumed on a first-in, first-out (FIFO) basis, meaning the oldest Credits in your Account are used first.

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6. Confidentiality

Definition of Confidential Information. “Confidential Information” means all non-public information disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”), whether orally, in writing, or by any other means, 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. Confidential Information includes, without limitation: (a) with respect to Aerspan, the Aerspan IP, Service architecture, security configurations, pricing methodologies, business plans, technical documentation, proprietary algorithms, and non-public API specifications; (b) with respect to you, your User Content, Account credentials, API keys, and proprietary business information submitted through the Service; and (c) with respect to both parties, the terms and conditions of any non-public agreements between the parties, including any custom pricing or service level agreements. Exclusions. Confidential Information does not include information that: (a) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) is received from a third party without breach of any obligation owed to the Disclosing Party; or (d) was independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information. Obligations. The Receiving Party shall: (a) use the Disclosing Party’s Confidential Information solely for the purpose of exercising its rights and performing its obligations under these Terms; (b) protect the Disclosing Party’s Confidential Information using the same degree of care it uses to protect its own confidential information, but in no event less than a reasonable degree of care; (c) not disclose the Disclosing Party’s Confidential Information to any third party except as expressly permitted herein; and (d) limit access to Confidential Information to those employees, contractors, agents, and advisors who have a need to know and who are bound by confidentiality obligations at least as protective as those contained in this Section 6. Permitted Disclosures. The Receiving Party may disclose Confidential Information: (a) to its professional advisors (including attorneys and accountants) who are bound by professional duties of confidentiality; (b) to the extent required by Applicable Law, court order, or governmental regulation, provided that the Receiving Party, where legally permitted, gives the Disclosing Party prompt written notice of such requirement and cooperates with the Disclosing Party’s reasonable efforts to obtain a protective order or equivalent protection; and (c) with the prior written consent of the Disclosing Party. Return and Destruction. Upon termination of these Terms or upon the Disclosing Party’s written request, the Receiving Party shall promptly return or destroy all Confidential Information of the Disclosing Party in its possession or control, including all copies, extracts, and summaries thereof, except to the extent that the Receiving Party is required to retain copies by Applicable Law or for legitimate archival or compliance purposes. Confidential Information retained pursuant to legal or compliance requirements shall remain subject to the confidentiality obligations of this Section 6. Duration. The obligations of confidentiality under this Section 6 shall survive termination of these Terms and continue for a period of three (3) years following termination, or, with respect to trade secrets, for as long as such information qualifies as a trade secret under Applicable Law. Remedies. Each party acknowledges that a breach of this Section 6 may cause irreparable harm to the Disclosing Party for which monetary damages alone would be an inadequate remedy. Accordingly, the Disclosing Party shall be entitled to seek injunctive or other equitable relief in addition to any other remedies available at law or in equity, without the necessity of proving actual damages or posting a bond.

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7. Publicity

Use of Name and Logo. Aerspan may use your name, trade name, and logo (or, if you are an individual, your name) to publicly identify you as a customer or user of the Service, including on our website, in marketing materials, in investor presentations, and in public statements, provided that Aerspan complies with your reasonable trademark usage guidelines if provided in writing. Opt-Out. You may opt out of the publicity rights granted in this Section 7 at any time by submitting a request through the opt-out form available at https://aerspan.com/publicity-opt-out or by sending written notice to support@aerspan.com. Upon receipt of a valid opt-out request, we will remove your name and logo from our marketing materials within thirty (30) days, except from materials already distributed or published prior to the opt-out request. Good Faith Cooperation. You agree to consider in good faith any reasonable request from Aerspan to: (a) provide a quote from one of your executives or authorized representatives regarding your experience with or motivation for using the Service, for use in Aerspan’s public communications; and (b) participate in a joint marketing activity, such as a case study, blog post, webinar, press release, or co-branded content. For the avoidance of doubt, you are under no obligation to accept any such request, and declining a request will have no effect on your access to or use of the Service. Your Use of Aerspan’s Marks. You may not use Aerspan’s name, trademarks, logos, or other brand features without our prior written consent, except to the extent necessary to truthfully describe your use of the Service (for example, stating that your product “uses Aerspan” or is “powered by Aerspan”). Any permitted use must comply with any trademark usage guidelines we may publish from time to time. Survival. The opt-out right and the restrictions on your use of Aerspan’s marks shall survive termination of these Terms.

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8. DMCA Notice

We respect intellectual property rights and comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing: (1) an electronic or physical signature of a person authorized to act on behalf of the copyright owner; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and where it is located on the Service; (4) information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (6) a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to our DMCA Agent at: Attn: DMCA Notice Agent Velo, LLC Email: support@aerspan.com Upon receiving a valid DMCA notice, we will remove or disable access to the allegedly infringing material and take reasonable steps to notify the user who posted the material. We will terminate the Accounts of repeat infringers in appropriate circumstances. Counter-Notification. If you believe that your content was removed or disabled by mistake or misidentification, you may file a counter-notification with our DMCA Agent containing the information specified in 17 U.S.C. § 512(g)(3).

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9. Third-Party Services

The Service may contain links to third-party websites, services, or resources that are not owned or controlled by Aerspan. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content or Output on or through any third-party website or service, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites or services. You expressly relieve Aerspan from any and all liability arising from your use of any third-party website, service, or content.

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10. Indemnity

You agree to defend, indemnify, and hold harmless Aerspan and its subsidiaries, affiliates, agents, licensors, partners, service providers, and their respective employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to reasonable attorney’s fees and court costs) arising from: (a) your use of and access to the Service, including any User Content you provide or Output you generate, use, or distribute; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including any right of privacy, publicity rights, or Intellectual Property Rights; (d) your violation of any Applicable Law, rule, or regulation; (e) any claim that your User Content or Output caused damage to a third party; (f) your willful misconduct or gross negligence; or (g) any other party’s access to and use of the Service with your API keys or other credentials, whether or not authorized by you. This indemnification obligation will survive termination of these Terms and your use of the Service.

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11. No Warranty; Disclaimers

THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, OUTPUT, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AERSPAN, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, AERSPAN, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (b) THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR SECURE; (c) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; (d) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (e) ANY CONTENT, OUTPUT, OR INFORMATION OBTAINED THROUGH THE SERVICE IS ACCURATE, RELIABLE, COMPLETE, OR CURRENT; (f) THE RESULTS OF USING THE SERVICE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR (g) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AERSPAN OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU ACKNOWLEDGE THAT AERSPAN DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. AERSPAN IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

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12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AERSPAN, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF AERSPAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL AERSPAN BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE, YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN. IN NO EVENT SHALL AERSPAN, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF: (a) THE TOTAL AMOUNT YOU PAID TO AERSPAN FOR CREDITS DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (b) ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER BASIS, EVEN IF AERSPAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

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13. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

Governing Law. These Terms shall be governed by and construed in accordance with the internal substantive laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except as otherwise expressly provided below, any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, and each party irrevocably submits to the personal jurisdiction and venue of such courts. READ THIS SECTION CAREFULLY. IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM AERSPAN. Informal Dispute Resolution. For any dispute with Aerspan, you agree to first contact us at support@aerspan.com and attempt to resolve the dispute with us informally for at least sixty (60) days before initiating arbitration. In your notice, please include your name, Account information, a description of the dispute, and the relief you seek. Binding Arbitration. If we are unable to resolve a dispute informally within sixty (60) days, you and Aerspan agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach thereof, through binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services) in accordance with its Streamlined Arbitration Rules and Procedures, or if those rules conflict with this provision, in accordance with the JAMS Comprehensive Arbitration Rules and Procedures. Arbitration Location. The arbitration will be conducted in Sussex County, Delaware, unless you and Aerspan agree to a different location. Alternatively, the arbitration may be conducted by telephone or through written submissions if both parties agree. Arbitrator Authority. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by JAMS Rules, unless otherwise stated in these Terms. If the value of your claim is 10,000orless,Aerspanwillpayallsuchfees.Ifthevalueofyourclaimexceeds10,000 or less, Aerspan will pay all such fees. If the value of your claim exceeds 10,000, fees will be determined in accordance with JAMS Rules. Exceptions to Arbitration. Either party may bring an individual action in small claims court. Either party may seek injunctive or other equitable relief in a 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. Non-U.S. Users. Users located outside the United States may have mandatory consumer protection rights under local law that cannot be waived, including the right to bring disputes in local courts. To the extent this arbitration provision conflicts with such non-waivable rights, those rights shall govern. This arbitration provision does not apply where it is prohibited by the laws of your jurisdiction. Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AERSPAN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. IF THIS SPECIFIC WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID.

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14. Export Controls and Sanctions Compliance

Export Control Laws. You agree to comply with all applicable U.S. and international export control and trade sanctions laws and regulations, including but not limited to the Export Administration Regulations (EAR) maintained by the U.S. Department of Commerce, and the regulations maintained by the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC). Prohibited Territories. You may not use the Service if you are located in, ordinarily resident in, or organized under the laws of any jurisdiction that is subject to comprehensive U.S. trade sanctions or embargoes, including but not limited to Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine. Prohibited Parties. You represent and warrant that you are not: (a) listed on any U.S. Government list of prohibited or restricted parties, including the Treasury Department’s Specially Designated Nationals and Blocked Persons List, or the Commerce Department’s Denied Persons List, Entity List, or Unverified List; (b) owned or controlled by, or acting on behalf of, any person or entity on such lists; or (c) subject to any other prohibitions or restrictions under U.S. or other applicable sanctions or export control laws. Prohibited Use. You may not use the Service or any Output for any purpose prohibited by U.S. export control laws, including but not limited to the development, design, manufacture, or production of nuclear, chemical, or biological weapons or missile technology. Enforcement. We may use geolocation technology, IP address verification, and identity verification to enforce these export control restrictions. Attempting to use VPNs, proxies, or other technologies to circumvent these restrictions is prohibited and grounds for immediate Account termination. Notification Obligation. If you become subject to any of the restrictions set forth in this Section 14, you must immediately cease use of the Service and notify us at support@aerspan.com.

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15. General Provisions

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by Aerspan without restriction or notification. Any attempted transfer or assignment by you in violation hereof shall be null and void. Notices to You. Aerspan may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website or in your Account dashboard, as determined by Aerspan in our sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms. Notices to Us. Notices to Aerspan must be sent by email to support@aerspan.com or by mail to Agent Velo, LLC at the address posted on our website. Modifications. Aerspan reserves the right to modify or update these Terms from time to time in our sole discretion. When we change the Terms in a material manner, we will update the ‘Last Updated’ date at the top of this page and notify you via email or through a notice in your Account dashboard. Material changes will take effect thirty (30) days after such notification, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. Your continued use of the Service after any such change constitutes your acceptance of the new Terms. If you do not agree to any modification, you must terminate your Account before the changes take effect. Entire Agreement. These Terms, together with our Privacy Policy and any other written agreements you have entered into with Aerspan regarding the Service, constitute the entire agreement between you and Aerspan concerning the Service and supersede all prior or contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter hereof. Severability. If any provision of these Terms is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ original intent to the greatest extent possible. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Aerspan’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Aerspan. Force Majeure. Aerspan shall not be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes, fuel crises, power outages, infrastructure failures, or interruptions in telecommunications or Internet services. Headings. The section and subsection headings in these Terms are for convenience only and have no legal or contractual effect. Survival. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, confidentiality obligations, indemnity provisions, and limitations of liability. Independent Contractors. The parties are independent contractors with respect to each other. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties. Contact Information. If you have any questions about these Terms or the Service, please contact us at: Agent Velo, LLC Email: support@aerspan.com Website: https://aerspan.com