Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the services, software, APIs, and websites (collectively, the "Service") provided by AIRMY Technologies, Inc. ("AIRMY", "we", "us", or "our"), a corporation incorporated in the State of Delaware, United States, with its principal place of business at 340 Pine Street, Suite 800, San Francisco, CA 94104.

By accessing or using the Service, you ("Customer", "you", or "your") agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

These Terms were last updated on 1 March 2026. We may revise these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on the Service prior to the change becoming effective. Your continued use of the Service after any revision constitutes your acceptance of the updated Terms.

2. Definitions

The following capitalised terms have the meanings set out below:

3. Account Registration & Security

3.1 Registration

To access most features of the Service, you must register for an account. You agree to provide accurate, complete, and current information during registration and to update such information to keep it accurate, complete, and current. You may not use a false identity or impersonate any person or entity.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials, including API keys, tokens, and passwords. You agree to immediately notify AIRMY at security@airmy.dev of any unauthorised use of your account or any other security breach. AIRMY will not be liable for any loss or damage arising from your failure to comply with this obligation.

3.3 API Keys

API keys are associated with your account and must be treated as passwords. Do not embed API keys directly in publicly accessible source code repositories. AIRMY provides tools for key rotation and revocation — you are responsible for using them appropriately. We may revoke keys suspected of being compromised without prior notice.

3.4 Minimum Age

You must be at least 18 years of age, or the age of legal majority in your jurisdiction if greater, to use the Service. By registering, you represent that you meet this requirement.

3.5 Business Accounts

If you register on behalf of a company or legal entity, that entity is the Customer under these Terms. You represent that you have the authority to bind that entity and that your Authorised Users will comply with these Terms.

4. Permitted Use

Subject to these Terms and payment of applicable fees, AIRMY grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service solely for your internal business purposes and as described in the applicable documentation.

Permitted uses include, but are not limited to:

• Deploying Agents to automate internal business processes
• Integrating Agent outputs into your products and services via the API
• Building developer tooling and internal applications using the AIRMY SDK
• Evaluating, benchmarking, and testing Agents in a development or staging environment
• Training custom Agents on your proprietary data pursuant to an Enterprise Agreement

This licence is conditioned on your continued compliance with these Terms. Any rights not expressly granted are reserved by AIRMY.

5. Prohibited Activities

You agree not to, and not to permit any Authorised User or third party to:

• Use the Service to generate, distribute, or facilitate unlawful content, including content that infringes third-party intellectual property rights, constitutes defamation, harassment, or hate speech
• Use the Service in connection with the development of weapons of mass destruction, autonomous lethal weapons systems, or any application that endangers human safety
• Attempt to reverse engineer, decompile, disassemble, or extract the source code of any AIRMY model, software, or underlying technology
• Scrape, crawl, or harvest data from the Service in a manner that circumvents technical controls or rate limits
• Introduce malware, viruses, or malicious code into the Service or use the Service to conduct cyberattacks against third parties
• Use the Service to process or store classified government information unless explicitly authorised under a relevant government contract
• Resell, sublicense, or white-label the Service without a separate written reseller or OEM agreement with AIRMY
• Use the Service to train, develop, or fine-tune a competing AI model or platform without prior written consent from AIRMY
• Circumvent, disable, or interfere with security controls, authentication systems, or access restrictions on the Service
• Use the Service in any manner that violates applicable law, regulation, or these Terms

AIRMY reserves the right to suspend or terminate your access immediately and without notice if we reasonably believe you have violated this section.

6. API Access & Developer Terms

6.1 API Licence

Subject to these Terms, AIRMY grants you a limited right to access the API to build applications and integrations. You must comply with the AIRMY API Usage Policy and any rate limits, quota restrictions, or technical controls AIRMY imposes from time to time.

6.2 Rate Limits & Quotas

Your subscription plan includes specified monthly call allowances. Usage beyond your plan limits may be subject to overage charges or throttling. You may not use technical means to circumvent rate limits or quotas. AIRMY may adjust limits at any time with reasonable notice for material reductions.

6.3 Attribution

Where you display outputs from the Service in a customer-facing product, you are not required to attribute AIRMY unless you wish to. However, you may not falsely represent that outputs were generated by a system other than an AI model.

6.4 SDK & Libraries

AIRMY SDK libraries are licensed under the MIT Licence unless otherwise stated in the repository. Your use of open-source components is governed by their respective licences.

6.5 Deprecation Policy

AIRMY will provide a minimum of 12 months' notice before deprecating any API version that is generally available and in active use, except in cases of security vulnerabilities, legal requirements, or abuse where shorter notice may be necessary.

7. Intellectual Property Rights

7.1 AIRMY Intellectual Property

The Service, including all software, models, algorithms, documentation, trademarks, and trade secrets, is owned by AIRMY and its licensors. These Terms do not transfer any ownership interest in AIRMY's intellectual property to you. The AIRMY name, logo, and associated marks are registered trademarks of AIRMY Technologies, Inc.

7.2 Your Intellectual Property

You retain all ownership rights in your Customer Data, including inputs you provide to Agents. You grant AIRMY a limited, non-exclusive licence to process, store, and transmit your Customer Data solely as necessary to provide the Service.

7.3 Output Ownership

Subject to Section 8 (Agent Output & AI Limitations), outputs generated by Agents in response to your inputs are owned by you to the extent permitted by applicable law. AIRMY makes no claim to ownership of your Outputs. However, AIRMY may use anonymised, aggregated Usage Data to improve the Service pursuant to Section 13.

7.4 Feedback

If you submit feedback, suggestions, or ideas about the Service ("Feedback"), you grant AIRMY a perpetual, irrevocable, royalty-free, worldwide licence to use such Feedback without restriction or obligation to you. AIRMY is under no obligation to act on any Feedback.

8. Agent Output & AI Limitations

8.1 No Professional Advice

Outputs from Agents do not constitute legal, financial, medical, regulatory, or professional advice of any kind. You should not rely on Agent Outputs as a substitute for professional consultation in regulated domains.

8.2 Hallucinations & Errors

AI models may produce outputs that are factually incorrect, internally inconsistent, or confidently presented despite being wrong ("hallucinations"). AIRMY provides accuracy metrics and benchmarks for each Agent as informational guidance only and does not guarantee the accuracy of any specific Output.

8.3 Human Oversight

You agree to maintain appropriate human oversight of agentic workflows, particularly in high-stakes applications involving financial decisions, healthcare, legal proceedings, safety-critical systems, or actions with significant real-world consequences. AIRMY strongly recommends human-in-the-loop review for autonomous actions that are irreversible.

8.4 Output Screening

AIRMY maintains content safety systems but does not guarantee that all Outputs will be free from harmful, offensive, or inappropriate content. You are responsible for implementing appropriate screening and filtering where your use case demands it.

9. Enterprise Agreements

Enterprise customers may execute an Enterprise Agreement with AIRMY that supplements or, where expressly stated, supersedes these Terms. In the event of a conflict between an Enterprise Agreement and these Terms, the Enterprise Agreement shall prevail to the extent of the conflict.

Enterprise Agreements may include additional terms governing:

• Private cloud and VPC deployment configurations
• Custom SLA commitments and financial credits
• Data processing addenda (DPA) for GDPR and HIPAA compliance
• Custom agent training on proprietary data
• Dedicated support response times and escalation procedures
• Tailored acceptable use policies for regulated industries

To enquire about an Enterprise Agreement, contact enterprise@airmy.dev or visit the Enterprise page.

10. Payment, Billing & Refunds

10.1 Fees

You agree to pay all fees associated with your selected subscription plan and any usage beyond included allowances. Fees are as set out on the Pricing page at the time of purchase, unless governed by an Enterprise Agreement.

10.2 Billing Cycle

Subscription fees are billed in advance on a monthly or annual basis depending on your selected plan. Usage-based overages are billed in arrears at the end of each billing period. All amounts are stated and charged in United States dollars (USD) unless your Enterprise Agreement specifies otherwise.

10.3 Payment Methods

We accept major credit and debit cards and bank transfers (Enterprise). By providing payment details, you authorise AIRMY (or our payment processor) to charge your payment method for all applicable fees. You are responsible for keeping your payment information current.

10.4 Taxes

Fees are exclusive of all applicable taxes, levies, and duties. You are responsible for paying any taxes arising from your use of the Service in your jurisdiction, unless AIRMY is legally required to collect them on your behalf.

10.5 Late Payment

Overdue amounts accrue interest at 1.5% per month (or the maximum rate permitted by law, if lower) from the due date until paid in full. We reserve the right to suspend your access for non-payment following 10 days' written notice.

10.6 Refunds

All fees are non-refundable except as expressly set out in these Terms or required by applicable law. Annual plan fees are non-refundable after 14 days from purchase. AIRMY will provide pro-rated refunds at its discretion in the event of a material service failure attributable to AIRMY.

11. Service Availability & SLA

11.1 Standard Availability

AIRMY targets 99.9% monthly uptime for customers on the Team plan and 99.95% for the Business plan, measured as the percentage of minutes in a calendar month during which the Service is available, excluding scheduled maintenance windows.

11.2 Enterprise SLA

Enterprise customers with an active Enterprise Agreement are entitled to the contractually specified SLA (up to 99.99%) and associated financial credits. Credits are calculated as a percentage of the applicable monthly fee and applied to the next invoice automatically.

11.3 Scheduled Maintenance

AIRMY may perform scheduled maintenance that temporarily interrupts the Service. We will provide at least 72 hours' advance notice via email and our Status Page for planned maintenance. Emergency maintenance may be performed without notice where required to protect security or service integrity.

11.4 Exclusions

SLA commitments do not apply to downtime caused by: your actions or omissions; third-party services outside AIRMY's reasonable control; force majeure events; or your use of features designated as beta, preview, or experimental.

12. Confidentiality

"Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

Each party agrees to: (a) hold the other's Confidential Information in strict confidence using at least the same degree of care it uses for its own confidential information, but in no event less than reasonable care; (b) not disclose Confidential Information to any third party without prior written consent; and (c) use Confidential Information only for the purposes of exercising rights or fulfilling obligations under these Terms.

Confidentiality obligations do not apply to information that: (i) is or becomes publicly known through no breach of these Terms; (ii) was known to the receiving party prior to disclosure; (iii) is independently developed without use of Confidential Information; or (iv) must be disclosed by law or court order, provided that the receiving party gives prompt written notice where legally permitted.

13. Data Processing

13.1 Data Controller

For the purposes of applicable data protection law, you are the data controller for any personal data contained in Customer Data, and AIRMY is the data processor acting on your instructions. Our processing activities are governed by the Privacy Policy and, for Enterprise customers, a separately executed Data Processing Addendum (DPA).

13.2 No Training on Customer Data

AIRMY does not use your Customer Data — including inputs, outputs, or any content you submit to the Service — to train, fine-tune, or improve AIRMY's shared foundation models or any other customer's Agent, without your explicit written consent. Customer-authorised fine-tuning under an Enterprise Agreement remains within your dedicated environment.

13.3 Usage Data

AIRMY may collect and use aggregated, anonymised Usage Data for the purposes of operating, improving, and securing the Service, including publishing aggregate performance statistics. Usage Data will not identify you, your users, or the specific content of your Customer Data.

13.4 Data Residency

By default, Customer Data is processed in the region corresponding to your account's selected primary region. Enterprise customers may configure dedicated data residency within supported jurisdictions (EU, US, APAC) as set out in their Enterprise Agreement.

13.5 Security Measures

AIRMY implements industry-standard technical and organisational security measures including AES-256 encryption at rest, TLS 1.3 in transit, role-based access controls, and regular third-party penetration testing. Full details are available in the AIRMY Security Overview.

14. Indemnification

You agree to indemnify, defend, and hold harmless AIRMY and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service in violation of these Terms; (b) your Customer Data infringing any third-party intellectual property, privacy, or other rights; (c) your violation of any applicable law or regulation; or (d) any product or service you offer that incorporates Agent Outputs.

AIRMY will indemnify you against any third-party claim alleging that the AIRMY platform software (excluding your Customer Data and Outputs) infringes that party's intellectual property rights, provided that you: (i) promptly notify AIRMY in writing; (ii) grant AIRMY sole control of the defence; and (iii) cooperate reasonably with AIRMY. This indemnity does not apply if infringement arises from your combination of the Service with third-party software not provided or approved by AIRMY.

15. Limitation of Liability

15.1 Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER AIRMY NOR ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 Aggregate Cap

AIRMY's total cumulative liability to you arising out of or relating to these Terms, the Service, or any matter related thereto, regardless of the form of action (whether in contract, tort, negligence, or otherwise), will not exceed the greater of: (a) the total fees paid or payable by you to AIRMY in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) USD $100.

15.3 Exceptions

The limitations in this section do not apply to: (a) either party's indemnification obligations under Section 14; (b) damages arising from a party's fraud or wilful misconduct; (c) death or personal injury caused by negligence; or (d) any other liability that cannot be limited by applicable law.

16. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

AIRMY DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; OR (D) OUTPUTS GENERATED BY AGENTS WILL BE ACCURATE, COMPLETE, RELIABLE, OR SUITABLE FOR YOUR INTENDED USE.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not fully apply to you.

17. Termination

17.1 By You

You may terminate your account at any time by following the account closure instructions in the dashboard or by contacting support@airmy.dev. Termination does not entitle you to a refund of any pre-paid fees, except as expressly set out in Section 10.6.

17.2 By AIRMY — For Cause

AIRMY may suspend or terminate your access immediately upon written notice if: (a) you materially breach these Terms and fail to cure the breach within 10 days of written notice; (b) you violate Section 5 (Prohibited Activities); (c) you become insolvent, make a general assignment for the benefit of creditors, or are subject to bankruptcy or insolvency proceedings; or (d) we are required to do so by law.

17.3 By AIRMY — Convenience

AIRMY may terminate your account for convenience upon 30 days' written notice. In such case, AIRMY will provide a pro-rated refund of any prepaid fees for the unused portion of your billing period.

17.4 Effect of Termination

Upon termination: your licence to use the Service ends immediately; you must cease all use of the Service and API; AIRMY will delete or return your Customer Data in accordance with the Privacy Policy and any applicable Enterprise Agreement; and Sections 7, 12, 14, 15, 16, 18, and 19 will survive.

18. Dispute Resolution

18.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles.

18.2 Mandatory Arbitration

Except as set out below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration under the rules of the American Arbitration Association (AAA), not in court. The arbitration will be conducted in English, seated in San Francisco, California, with a single arbitrator.

18.3 Class Action Waiver

YOU AND AIRMY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

18.4 Exceptions to Arbitration

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights, or to enforce obligations under Section 12 (Confidentiality). Small claims court actions remain available for eligible disputes.

18.5 EU & UK Customers

If you are based in the European Union or United Kingdom, the mandatory arbitration clause and class action waiver in Sections 18.2 and 18.3 do not apply to you. Disputes will be subject to the exclusive jurisdiction of the courts of England and Wales unless mandatory local law requires otherwise.

19. General Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable Enterprise Agreement, constitute the entire agreement between you and AIRMY regarding the Service and supersede all prior and contemporaneous agreements, proposals, and communications.

19.2 Severability

If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

19.3 Waiver

AIRMY's failure to enforce any right or provision in these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorised representative of AIRMY.

19.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without AIRMY's prior written consent, not to be unreasonably withheld. AIRMY may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets, provided that the assignee assumes all obligations herein.

19.5 Force Majeure

Neither party is liable for delays or failures to perform resulting from causes beyond its reasonable control, including acts of God, war, terrorism, labour disputes, internet outages, government actions, or pandemic events, provided the affected party gives prompt notice and uses reasonable efforts to resume performance.

19.6 Export Controls

The Service may be subject to export control laws of the United States and other jurisdictions. You represent that you are not located in, or a national of, any country subject to a U.S. government embargo, and that you are not listed on any U.S. government prohibited party list.

19.7 No Third-Party Beneficiaries

These Terms are for the sole benefit of you and AIRMY. Nothing in these Terms creates any rights in or obligations to any third party.

20. Contact

Questions about these Terms should be directed to our legal team:

For privacy-related enquiries, please refer to our Privacy Policy or contact privacy@airmy.dev.