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Terms of Service - Synthflow

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0% found this document useful (0 votes)
44 views23 pages

Terms of Service - Synthflow

Uploaded by

mhilmy2107
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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11/6/24, 1:39 PM Terms of Service

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Terms of Service 

AgentFlow AI GmbH ("synthflow.ai", "us", "we", or "our") operates the website https://synthflow.ai (the
"Service"). Welcome, and thank you for your interest in synthflow.ai. These Website Terms of Service
("Terms") govern your use of our Service (defined in Section 1.1). These Terms are a legally binding
contract between you and synthflow.ai regarding your use of the Service.

BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS
A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. If you are not
eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE
OF THE SERVICE, AND synthflow.ai'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT
BY synthflow.ai AND YOU TO BE BOUND BY THESE TERMS.

Arbitration NOTICE. Except for certain kinds of disputes described in Section 14, you agree that disputes
arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE
TERMS, YOU AND synthflow.ai ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN
ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO
COURT to assert or defend your rights under this contract (except for matters that may be taken to small
claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury (See
Section 14.).

1. Overview.
i. 1.1. As used throughout these Terms, "Service" means all portions of the website located at
https://synthflow.ai (including all related subdomains), whether public-facing or accessible behind
a log-in, and all features, functionality, content, and materials available on or through such
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How to: SIP with Twilio website (including the AI Platform (defined in Section 1.2) and all results or output derived from
How to: SIP with Telnyx the operation or use of that platform (including AI models) except as set forth in Section 4.4)).

How to: SIP with Vonage (Nexmo) ii. 1.2. The Service provides you with general information about our products and services and
includes a platform that is accessible through unique access credentials designed to enable users
to build and deploy AI models with relative speed and ease (such platform, the "AI Platform").
iii. 1.3. Your use of the Service is subject to all additional terms applicable to specific portions or
features of the Service that we may post on the Service, link to on the Service, or otherwise make
available to you (collectively, the "Additional Terms"), provided that the "Additional Terms"
exclude the synthflow.ai Privacy Policy referenced in Section 15.3. Unless the Additional Terms
expressly state otherwise: (a) all Additional Terms are incorporated by this reference into these
Terms as if the Additional Terms were set forth in this document; and (b) if there is any conflict or
inconsistency between these Terms and any Additional Terms, then these Terms will control to the
extent of such conflict or inconsistency.
2. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you
represent and warrant to us that: (a) either you are at least 18 years of age or have been authorized to
use the Service by your parent or legal guardian who is at least 18 years of age and who will supervise
your use of the Service; (b) you have not previously been suspended or removed from the Service; and
(c) your registration and your use of the Service is in compliance with any and all applicable laws and
regulations. If you are an entity, organization, or company, the individual accepting these Terms on
your behalf represents and warrants that they have the authority to bind you to these Terms and you
agree to be bound by these Terms.
3. Accounts and Registration. To access certain features of the Service, including the AI Platform, you
must register for an account. When you register for an account, you may be required to provide us
with some information about yourself. You agree that the information you provide to us is accurate
and that you will keep it accurate and up-to-date at all times. You are solely responsible for
maintaining the confidentiality of your account and any access credentials that you need to access the
account, and you accept responsibility for all activities that occur under your account. If you believe
that your account is no longer secure, then you must immediately notify us at contact@synthflow.ai.

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4. Licenses.

i. 4.1. Limited License. Subject to your complete and ongoing compliance with these Terms,
synthflow.ai grants you, solely for your personal use, a limited, revocable, non-exclusive, non-
transferable, non-sublicensable, and worldwide license to access and use the Service solely
through the permitted functionalities on the Service and for your non-commercial, informational
purposes only.
ii. 4.2. License Restrictions. Except and solely to the extent such a restriction is impermissible under
applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the
Service; (b) make modifications to the Service; (c) commercially exploit the Service in any manner;
or (d) interfere with or circumvent any feature of the Service, including any security or access
control mechanism. If you are prohibited under applicable law from using the Service, you may
not use it.
iii. 4.3. Feedback. If you choose to provide input or suggestions regarding problems with or
proposed modifications or improvements to any aspect of the Service ("Feedback"), then you
hereby grant synthflow.ai an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid,
royalty-free right to exploit the Feedback in any manner and for any purpose, without any
limitations, credit, or fees due to you whatsoever.
iv. 4.4. AI Platform. Notwithstanding anything in these Terms to the contrary and for the avoidance
of doubt, this Section 4 does not apply to the AI Platform and any results or output derived or
generated from use or operation of that platform (including any AI models). Any rights that we
may grant you to the same will be set forth in the applicable Additional Terms.
v. 4.5. White Label License. Under the Agency Plan, synthflow.ai grants you a white label license,
subject to your complete and ongoing compliance with these Terms, including without limitation,
all payment obligations. This license allows you, solely in connection with your direct business
activities, to sublicense and commercially exploit the Service under your own brand. This white
label license is revocable, non-exclusive, transferable solely to your sublicensees within the scope
of this license, and worldwide. It permits you to (a) use, reproduce, distribute, publicly display,
and perform the Service under your own branding; (b) modify the Service to the extent necessary
to rebrand it, provided that such modifications do not materially diminish the quality or
functionality of the Service; and (c) grant sublicenses to your own customers for the commercial

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use of the Service, under the terms that are consistent with, and not less restrictive than, those set
forth in these Terms. All sublicensing arrangements must expressly acknowledge synthflow.ai's
underlying ownership of the Service, and you agree to require your sublicensees to comply with
all applicable terms and conditions of these Terms, including but not limited to the restrictions set
forth in Section 4.2.

5. Ownership; Proprietary Rights. The Service is owned and operated by synthflow.ai. The visual
interfaces, graphics, design, compilation, information, data, computer code (including source code or
object code), products, software, services, and all other elements of the Service ("Materials") are
protected by intellectual property and other laws. As between you and synthflow.ai, the Materials are
the sole property of synthflow.ai. Except as expressly authorized by synthflow.ai, you may not make
use of the Materials. synthflow.ai reserves all rights to the Materials not granted expressly in these
Terms.

6. Third Party Terms. The Service may contain links to other websites or online properties that are not
owned or controlled by synthflow.ai (collectively, "External Sites"). The content of External Sites is not
developed or provided by synthflow.ai. synthflow.ai is not responsible for the content of any External
Sites and does not make any representations regarding the content or accuracy of materials on
External Sites. You should contact the site administrator or Webmaster for External Sites if you have
any concerns regarding content located on those External Sites. If you decide to access any External
Sites, you do so at your own risk. Further, you will be solely responsible for compliance with any terms
of service or similar terms imposed by any External Site in connection with your use of External Sites.

7. Prohibited Conduct. WITHOUT LIMITING ANY OTHER TERMS OF THESE TERMS, WHEN USING THE
SERVICE, YOU AGREE NOT TO:

i. a. Violate any local, state, national, or international law, or any third-party rights;
ii. b. Interfere with security-related features of the Service, including by: (i) disabling or
circumventing features that prevent or limit use or copying of any content or materials; or (ii)
reverse engineering or otherwise attempting to discover the source code of any portion of the
Service except to the extent that the activity is expressly permitted by applicable law;

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iii. c. Interfere with the operation of the Service or any user's enjoyment of the Service, including by:
(i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious
code; or (ii) interfering with or disrupting any network, equipment, or server connected to or used
to provide the Service;
iv. d. Perform any fraudulent activity including impersonating any person or entity, claiming a false
affiliation, accessing any other Service account without permission; or
v. e. Attempt to do any of the acts described in this Section 7 or assist or permit any party in
engaging in any of the acts described in this Section 7.
You agree to confirm thatyou have obtained explicit written permission from all contacts you
import for outreach via artificial and pre-recorded voice calls. You also agree to comply with all
relevant regulations and guidelines under the TCPA, TSR, and other applicable laws in your
communications with these contacts.

8. Notice and Procedure for Making Claims of Intellectual Property Infringement. synthflow.ai respects
the intellectual property of others and takes the protection of intellectual property very seriously. If
you believe that any materials made available on the Service have been used or exploited in a manner
that infringes an intellectual property right you own or control, then please promptly send an email to
contact@synthflow.ai. Any notice alleging that materials on the Service infringe intellectual property
rights must include the following information:

i. 8.1. An electronic or physical signature of the person authorized to act on behalf of the owner of
the right being infringed;
ii. 8.2. A description of the intellectual property that you claim has been infringed;
iii. 8.3. A description of the material that you claim is infringing and where it is located on the
Service;
iv. 8.4. Your address, telephone number, and email address;
v. 8.5. A statement by you that you have a good faith belief that the use of the materials on the
Service of which you are complaining is not authorized by the owner of the right being infringed,
its agent, or the law; and
vi. 8.6. A statement by you that the above information in your notice is accurate and that, under
penalty of perjury, you are the intellectual property owner or authorized to act on the intellectual

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property owner's behalf.

9. Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at
any time. Please check these Terms periodically for changes. If a change to these Terms materially
modifies your rights or obligations, we may require that you accept the modified Terms in order to
continue to use the Service. Material modifications are effective upon your acceptance of the modified
Terms. Immaterial modifications are effective upon publication. Except as permitted in this Section 9,
these Terms may be amended only by a written agreement signed by authorized representatives of
the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the
version of these Terms that was in effect at the time the dispute arose.

10. Term, Termination, and Modification of the Service.

i. 10.1. Term. These Terms are effective beginning when you accept the Terms or first access or use
the Service, whichever occurs first, and end when terminated as described in Section 10.2.
ii. 10.2. Termination. If you violate any provision of these Terms, your authorization to access the
Service and these Terms automatically terminates. In addition, synthflow.ai may, at its sole
discretion, terminate these Terms or your account on the Service, or suspend or terminate your
access to the Service, at any time for any reason or no reason, with or without notice. You may
terminate your account and these Terms at any time by contacting customer service at
contact@synthflow.ai or following any other procedures pursuant to the functionalities and/or
information available on the Service.
iii. 10.3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate
and you must immediately cease all use of the Service; (b) you will no longer be authorized to
access your account or the Service; and (c) all terms and provisions in these Terms (including the
provisions and terms above that appear before Section 1) except for Section 4.1 will survive.
iv. 10.4. Modification of the Service. synthflow.ai reserves the right to modify or discontinue the
Service at any time, temporarily or permanently, without notice to you. synthflow.ai will have no
liability for any change to the Service or any suspension or termination of your access to or use of
the Service.

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11. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and
you will defend and indemnify synthflow.ai and its officers, directors, employees, consultants, affiliates,
subsidiaries, and agents from and against every claim brought or threatened by a third party, and any
related liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out
of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any
portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any
applicable law or regulation; (c) your violation of any third-party right, including any intellectual
property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue
between you and any third party. We reserve the right, at our own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you (without limiting your
indemnification obligations with respect to that matter), and in that case, you agree to cooperate with
our defense of those claims.

12. Disclaimers; No Warranties. WITHOUT LIMITING ANY OTHER TERMS IN THIS DOCUMENT AND TO
THE FULLEST EXTENT PERMITTED BY LAW:

THE SERVICE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. synthflow.ai AND ITS CURRENT
AND FUTURE AFFILIATES (COLLECTIVELY, THE "synthflow.ai entities") DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, INCLUDING: (A) ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR
NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR
TRADE. THE synthflow.ai ENTITIES DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED,
SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND THE synthflow.ai
ENTITIES DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

THE synthflow.ai ENTITIES ARE NOT RESPONSIBLE FOR ANY DAMAGE OF ANY KIND THAT MAY RESULT
FROM THE SERVICE OR YOUR DEALING WITH ANY OTHER SERVICE USER.

13. Limitation of Liability.

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TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE synthflow.ai entities BE LIABLE TO
YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING
DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR
RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT ANY synthflow.ai entity HAS BEEN INFORMED OF THE
POSSIBILITY OF DAMAGE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE synthflow.ai entities TO
YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE THE
SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.

14. Miscellaneous.
i. 14.1. General Terms. These Terms, together with the Additional Terms, are the entire and exclusive
understanding and agreement between you and synthflow.ai regarding your use of the Service.
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part,
by operation of law or otherwise, without our prior written consent. We may assign these Terms
at any time without notice or consent. The failure to require performance of any provision will not
affect our right to require performance at any other time after that, nor will a waiver by us of any
breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent
breach or default or a waiver of the provision itself. Use of section headers in these Terms is for
convenience only and will not have any impact on the interpretation of any provision. Throughout
these Terms the use of the word "including" means "including but not limited to," and references
to "Section" means Sections in these Terms. If any part of these Terms is held to be invalid or
unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the
remaining parts will remain in full force and effect.
ii. 14.2. Governing Law. These Terms are governed by the laws of Germany without regard to conflict
of law principles. You and synthflow.ai submit to the personal and exclusive jurisdiction of the
state courts and federal courts located in Berlin, Germany, for resolution of any lawsuit or court
proceeding permitted under these Terms. We operate the Service from our offices in Berlin, and
we make no representation that Materials included in the Service are appropriate or available for
use in other locations.

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iii. 14.3. Privacy Policy. Please read the synthflow.ai Privacy Policy carefully for information relating to
our collection, use, storage, disclosure of your personal information.
iv. 14.4. Consent to Electronic Communications. By using the Service, you consent to receiving
certain electronic communications from us as further described in our Privacy Policy. Please read
our Privacy Policy to learn more about our electronic communications practices. You agree that
any notices, agreements, disclosures, or other communications that we send to you electronically
will satisfy any legal communication requirements, including that those communications be in
writing.
v. 14.5. Contact Information. The Service is offered by synthflow.ai, located in Berlin, Germany. You
may contact us by sending correspondence to that address or by emailing us at
contact@synthflow.ai.
vi. 14.6. No Support. We are under no obligation to provide support for the Service. In instances
where we may offer support, the support will be subject to published policies.

APP TERMS
Effective Date: July 4, 2023

These AI Platform Terms of Service ("AI Platform Terms") constitute a binding contract between Licensee
(defined in Section 1) and synthflow.ai ("synthflow.ai") that govern Licensee's use of the AI Platform
(defined in Section 1).

BY ACCEPTING THESE AI PLATFORM TERMS THROUGH THE REQUIRED PROCESS OR OTHERWISE


ACCESSING OR USING THE AI PLATFORM, LICENSEE REPRESENTS AND WARRANTS THAT: (1) LICENSEE
HAS READ AND UNDERSTANDS THESE AI PLATFORM TERMS, AND AGREES TO BE BOUND LEGALLY BY
THESE AI PLATFORM TERMS; (2) LICENSEE IS EITHER AT LEAST 18 YEARS OF AGE OR HAS THE CONSENT
OF A PARENT OR LEGAL GUARDIAN WHO IS AT LEAST 18 YEARS OF AGE TO USE THE AI PLATFORM AND
WHO WILL SUPERVISE LICENSEE'S USE; AND (3) IF LICENSEE IS ACCESSING THE AI PLATFORM ON BEHALF
OF A LEGAL ENTITY, THEN LICENSEE HAS THE AUTHORITY TO AND HEREBY DOES BIND SUCH LEGAL
ENTITY TO THESE AI PLATFORM TERMS. IF LICENSEE DOES NOT AGREE WITH THESE AI PLATFORM TERMS
OR OTHERWISE HAVE THE AUTHORITY TO ACCEPT THEM, THEN LICENSEE MUST REJECT THESE AI
PLATFORM TERMS THROUGH THE REQUIRED PROCESS.

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NO END USER MAY ENTER INTO THESE AI PLATFORM TERMS IN CONNECTION WITH ANY USE OF THE AI
PLATFORM BY OR FOR THE BENEFIT OF ANY AGENCY OR INSTRUMENTALITY OF ANY GOVERNMENT. IF
YOU ARE SEEKING TO ACCESS THE AI PLATFORM ON BEHALF OF ANY SUCH ENTITY, THEN YOU MUST
CONTACT synthflow.ai AT contact@synthflow.ai AND ENTER INTO A SEPARATELY NEGOTIATED LICENSE
AGREEMENT WITH synthflow.ai. ALL USE OF THE AI PLATFORM IN VIOLATION OF THE PRECEDING
SENTENCES IN THIS PARAGRAPH CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT.

1. Definitions
i. a. "AI Platform" means SynthFlow.ai's proprietary web-based software platform available at
www.synthflow.ai (each a, "Licensee Site") that has been programmed to help end-users build and
deploy artificial intelligence models and to implement improvements upon itself, based in Berlin,
Germany.
ii. b. "AI Platform Arising IP" means all Technology, other than the Licensee AI Agents, that: (i) is or
has been generated, developed, fixed in a tangible medium, conceived or reduced to practice by
or on behalf of either party before, on or after the date these AI Platform Terms take effect; and
(ii) arises from or in connection with any execution, operation or use of the AI Platform (including
the AI Platform processing, storing, organizing, arranging, selecting, aggregating, adapting or
otherwise using or exploiting any data (including Licensee Data), content, information, materials
or other inputs transmitted, submitted or uploaded to the AI Platform). Without limiting the
foregoing and for clarity, the AI Platform Arising IP includes any updates, error corrections, bug
fixes, enhancements or improvements to the AI Platform developed by or on behalf of
SynthFlow.ai
iii. c. "SynthFlow.ai Confidential Information" means any information SynthFlow.ai or any party acting
on its behalf discloses to Licensee, whether in writing or orally, and whether before, on or after
the date the AI Platform Terms take effect, which is either designated as "confidential" at the time
of disclosure or reasonably should be considered confidential given the nature of the information
and the circumstances of disclosure. For the avoidance of doubt and notwithstanding the
foregoing, SynthFlow.ai Confidential Information includes the AI Platform and all information
about its performance.

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iv. d. "Intellectual Property Rights" means all intellectual property or industrial rights arising
anywhere throughout the world, including: (i) all patents and patent applications; (ii) all rights
associated with the protection of trade secrets and confidential information; (iii) all copyrights
and mask work rights, and all rights of paternity, integrity, attribution and any other rights of
authors; (iv) all rights in trademarks and other indicators of origin, and all rights to goodwill
related thereto; (v) all rights in databases, data collections and data; (vi) all rights in registrations
and applications to any of the foregoing; and (vii) any similar, corresponding or equivalent rights
to any of the foregoing.
v. e. "Licensee" means: (i) in the case of an individual who accepts these AI Platform Terms or
otherwise accesses or uses the AI Platform on his or her own behalf, such individual; or (ii) in the
case of an individual who accepts these AI Platform Terms or otherwise accesses or uses the AI
Platform on behalf of a legal entity, the legal entity.
vi. f. "Licensee Data" means any table, video, image, audio, text, sequence data or other content that
Licensee: (i) owns or controls prior to entering into these AI Platform Terms or on or after that
date but independent of any access to or use of the AI Platform; and (ii) uploads to the AI
Platform.
vii. g. "Licensee AI Agent" means the specific instance of an AI agent that: (i) Licensee creates on the
AI Platform by clicking on the "Create AI Agent" button of the AI Platform, thereby prompting the
AI Platform to process and analyze Licensee Data; and (ii) is visually presented to Licensee in
digital format on the AI Platform's user interface. Notwithstanding the foregoing and for clarity,
(1) Licensee AI Agents are deemed to exclude any Technology and Intellectual Property Rights
therein that are identified as owned by SynthFlow.ai in these AI Platform Terms and that are in
whole or in part incorporated into or embodied by the AI agents as described in the immediately
preceding sentence in this Section; (2) all such Technology and Intellectual Property Rights remain
SynthFlow.ai's exclusive property; and (3) Licensee's rights to such Technology and Intellectual
Property Rights are exclusively governed by these AI Platform Terms.
viii. h. "Order" means the order Licensee places to obtain access to the AI Platform on a Licensee Site
through the required process, including any order details as reflected in any electronic
confirmation transmitted to Licensee.
ix. i. "Technology" means any or all embodiments of Intellectual Property Rights, including: (i) works
of authorship (including software and documentation); (ii) inventions (whether or not patentable),
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discoveries and improvements; (iii) proprietary and confidential information, trade secrets and
know-how; (iv) databases, data compilations, and data (including technical data); (v) tools,
methods, techniques, processes, procedures, algorithms and models; and (vi) all instantiations or
embodiments of any of the foregoing in (i) through (v) inclusive.
2. Scope
i. a. Free Tier; Free Trial; Paid Plans. SynthFlow.ai may make the AI Platform available to Licensee for
free subject to certain monthly usage limitations ("Free Tier") or on a trial basis for the period
specified in an Order ("Free Trial"). SynthFlow.ai also offers paid access to the AI Platform under
various different paid plans as further specified in an Order (each, a "Paid Plan"). These AI
Platform Terms govern Licensee's access to the AI Platform.
ii. b. Accounts. To access the AI Platform in all cases, Licensee must register for an account on a
Licensee Site. To access a Free Trial or a Paid Plan, Licensee must enter into an Order. The
information that Licensee provides to SynthFlow.ai to register an account must be accurate and
up-to-date, and Licensee will keep it accurate and up-to-date at all times. Licensee is solely
responsible for maintaining the confidentiality of its account and any access credentials that
Licensee needs to access the account, and Licensee accepts responsibility for all activities that
occur under its account.
3. Proprietary Rights
i. a. Ownership. As between the parties: (i) Licensee solely owns the Licensee Data and Licensee AI
Agent, subject to the provisions of Section 3.b.iii; and (ii) SynthFlow.ai solely owns all rights, title,
and interest (including all Intellectual Property Rights) in and to all: (1) AI Platform Arising IP; and
(2) Technology that SynthFlow.ai owns or controls prior to when these AI Platform Terms take
effect or on or after that date but independent of these AI Platform Terms (including all data,
models, algorithms, software, know-how, trade secrets, and other Technology that constitutes or
embodies the AI Platform in whole or part) ((1) and (2) collectively, the "SynthFlow.ai IP"). If any
ownership rights in or to any aspect of the SynthFlow.ai IP vests in Licensee under any
circumstances, then Licensee will, and hereby does, irrevocably and unconditionally assign to
SynthFlow.ai all such rights (without any further consideration due to SynthFlow.ai, where the
rights granted to Licensee under these AI Platform Terms are agreed to constitute sufficient
consideration for such assignment). If any such rights are not assignable under applicable law,
then Licensee hereby waives all such rights to the fullest extent permitted under applicable law.

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Licensee acknowledges that: (A) Licensee's rights to any Licensee AI Agent are limited to the
specific copy presented to Licensee on the AI Platform's user interface, and Licensee has no rights
to any other copies or versions of the Licensee AI Agents; and (B) other AI Platform users may
generate agents using the AI Platform that are the same as or similar to the Licensee AI Agent
under certain circumstances, such as when other AI Platform users provide input that is the same
as or similar to the Licensee Data to generate models on the AI Platform. Licensee hereby
irrevocably and unconditionally waives all rights to directly or indirectly challenge, or assist any
third party in challenging, the rights of SynthFlow.ai or any third party in or to any SynthFlow.ai IP.
ii. b. Licenses.
i. AI Platform and Incorporated SynthFlow.ai IP.
iii. (1) SynthFlow.ai hereby grants to Licensee during the Term (defined in Section 5(a)) a non-
exclusive, non-transferable, non-sublicensable, worldwide and irrevocable (subject to
SynthFlow.ai's right to terminate this Agreement) license to access and use the AI Platform
subject to any Usage Caps solely for: (I) in the case of a Paid Plan, Licensee's internal business
purposes to enable its products and services with artificial intelligence capabilities in accordance
with these AI Platform Terms; (II) in the case of a Free Trial or access to the Free Tier, Licensee's
internal, non-commercial evaluation purposes to determine whether Licensee desires to seek paid
access to the AI Platform in accordance with these AI Platform Terms. If, and only if, SynthFlow.ai
incorporates any AI Platform Arising IP into the AI Platform during the Term, then such
incorporated AI Platform Arising IP are deemed included in all references to the "AI Platform" in
these AI Platform Terms and will be subject to these AI Platform Terms for so long as such AI
Platform Arising IP remains so incorporated into the AI Platform.
iv. (2) If, and only if, any SynthFlow.ai IP is incorporated into or embodied by any Licensee AI Agents,
then SynthFlow.ai will, and hereby does, grant to Licensee a non-exclusive, perpetual, irrevocable,
transferable, sublicensable, worldwide and royalty-free license to use and exploit such
incorporated or embodied SynthFlow.ai IP solely as and to the extent so incorporated into or
embodied by the Licensee AI Agents; provided, for clarity, the foregoing does not provide
Licensee with any rights to use or exploit any such incorporated or embodied SynthFlow.ai IP on a
standalone basis or otherwise separate from the Licensee AI Agents into which such SynthFlow.ai
IP is incorporated or by which such SynthFlow.ai IP is embodied.

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ii. Restrictions. Licensee will not, and will not authorize any third party to: (i) reverse engineer, decompile,
disassemble or otherwise attempt to reconstruct, identify or discover any source code, underlying ideas,
models, underlying user interface techniques, or algorithms of the AI Platform; (ii) modify the AI Platform,
or sell, lease, license or otherwise commercialize or distribute the AI Platform; (iii) interfere with or disrupt
the performance of the AI Platform; (iv) gain unauthorized access to the AI Platform or its related systems
or networks; (v) use any portion of the AI Platform in connection with or related to any efforts to develop a
competitive product or service to those being developed or offered by SynthFlow.ai; (vi) use the AI
Platform in a manner that violates any Usage Caps or otherwise in any manner that is not expressly
authorized in these AI Platform Terms; (vii) remove, alter, or obscure in any way any proprietary rights
notices of SynthFlow.ai or its suppliers on or within the AI Platform; (viii) transmit to the AI Platform any
virus, worm, spyware or other software code, file or program intended to impair, alter or damage the
operation of the AI Platform or its related systems or networks; and (ix) use the AI Platform in any manner
that violates any applicable laws, rules or regulations or infringes any third party Intellectual Property
Rights or other rights, including any use that would be libelous or defamatory, or discriminatory based on
race, color, sex, gender identity, religion, nationality, ethnic or national origin, marital status, disability,
sexual orientation, age or any other protected class pursuant to German federal or state laws. During a
Free Trial or access to the Free Tier, Licensee will not, and will not authorize any third party to, implement,
deploy or otherwise use any Licensee AI Agent in connection with any product or service that is
distributed, made available or commercialized in any manner (including on a software-as-a-service or
hosted basis) to any third party outside of Licensee's business.

iii. Licensee Data and Licensee AI Agents.

(1) As between the parties, Licensee retains all right, title and interest (including any and all intellectual
property rights) in and to the Licensee Data and any modifications made thereto in the course of
using the AI Platform. Subject to the terms of this Agreement, Licensee hereby grants to SynthFlow.ai
a non-exclusive, worldwide, royalty-free right, during the term of this Agreement, to process the
Licensee Data solely to the extent necessary to provide the services contemplated by the AI Platform,
to prevent or address service or technical problems therein, or as may be required by law.
(2) As between the parties, Licensee owns the Licensee AI Agents, but Licensee acknowledges that
SynthFlow.ai is in the business of improving and making enhancements to the AI Platform, partially
through learnings generated by training Licensee AI Agents. Accordingly, Licensee hereby grants to

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SynthFlow.ai a non-exclusive, perpetual, irrevocable, transferable, worldwide and royalty-free license


to use, reproduce, modify and otherwise exploit the Licensee AI Agents for the following purposes: to
operate, train, modify, maintain, support, update, enhance, exploit, and otherwise use and improve the
AI Platform, SynthFlow.ai IP and all current or future SynthFlow.ai products, services and technology.
SynthFlow.ai has the right to grant and authorize sublicenses (through multiple tiers) to the foregoing
licenses in this Section 3(b)(iii)(2) in its sole discretion. SynthFlow.ai remains liable for ensuring
sublicensees comply with the scope of the licenses in this Section 3(b)(iii)(2).

iv. Feedback. Licensee may provide SynthFlow.ai with feedback about Licensee's use of and experience
with any aspect of the AI Platform or Licensee AI Agents ("Feedback"). Licensee hereby grants to
SynthFlow.ai a non-exclusive, perpetual, irrevocable, transferable, worldwide and royalty-free license, with
the right to grant and authorize sublicenses (through multiple tiers), to use and exploit such Feedback in
any manner without any restriction or any payment or credit due to Licensee.

v. Reservation of Rights. All rights that a party does not expressly grant to the other in these AI Platform
Terms are hereby reserved and neither party grants to the other any implied licenses in these AI Platform
Terms under any theory.

4. Fees and Payment Terms.


i. a. Fees. Licensee will pay all fees set forth in each Order in accordance with all payment terms set
forth in each Order. All fees due and payable under these AI Platform Terms are referred to as the
"Fees." Licensee authorizes SynthFlow.ai to charge all sums for the Paid Plan that Licensee selects
as described in an Order, including all applicable taxes, to the payment method specified in
Licensee's account. If Licensee pays any Fees with a credit card, SynthFlow.ai may seek pre-
authorization of Licensee's credit card account prior to Licensee's purchase to verify that the
credit card is valid and has the necessary funds or credit available to cover Licensee's purchase.
Licensee authorizes SynthFlow.ai to periodically charge, on a going-forward basis and until
termination of these AI Platform Terms or the applicable Order, all accrued sums on or before the
payment due date for the accrued sums as described in the Order.
ii. b. Taxes. Licensee shall be responsible for the payment of all sales, use, excise, value-added
and/or any other taxes, duties, or charges imposed by any federal, state or local governmental or
regulatory authority in connection with the Fees, excluding any taxes imposed on SynthFlow.ai's

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net income. To the extent required by relevant federal, state or local regulations, SynthFlow.ai
shall be entitled to collect and remit any such taxes with each payment of Fees.
5. Term and Termination.
i. a. Term. These AI Platform Terms will commence on the date when the first Order has been
completed by Licensee, and these AI Platform Terms will continue, unless terminated earlier in
accordance with these AI Platform Terms, until all Orders have expired or been terminated (the
"Term").The term of each Order will begin on the date when the Order has been completed by
Licensee, and each Order will continue, unless terminated earlier in accordance with these AI
Platform Terms, until the end of the term specified in the applicable Order. The term of each
Order will automatically renew for additional periods equal in length to the expiring term unless
either party provides notice of non-renewal at least thirty (30) days prior to commencement of
the next renewal term.
ii. b. Termination. Either party may terminate these AI Platform Terms or any Order by written notice:
(i) if the other party is in material breach of these AI Platform Terms or such Order, where such
material breach is not cured within thirty (30) days after written notice of such breach from the
non-breaching party; and (ii) at any time upon written notice to the other for any or no reason;
provided that, if Licensee terminates these AI Platform Terms or any Order pursuant to this
Section 5(b)(ii), then Licensee will not be entitled to a refund for any Fees that have been paid
prior to termination.
iii. c. Effects of Termination. Upon any expiration or termination of the AI Platform Terms: (i) the
license granted to Licensee in Section 3(b)(i)(1) will immediately terminate;(ii) Licensee must
permanently delete all copies of SynthFlow.ai Confidential Information within Licensee's
possession or control, if any, and certify the same has been completed upon request by
SynthFlow.ai; and (iii) the following Sections, and any defined terms and provisions required to
interpret or enforce those Sections (but only to the extent required for such interpretation or
enforcement), will survive: 1, 2, 3(a), 3(b)(i)(2), 3(b)(ii), 3(b)(iii), 3(b)(iv), 3(b)(v), 4, 5(c), 6, 7, 8, 9, and
10.
6. Confidentiality. Licensee agrees that the SynthFlow.ai Confidential Information constitutes and
embodies valuable SynthFlow.ai trade secrets. Licensee may use the SynthFlow.ai Confidential
Information only as necessary to exercise Licensee's express rights under these AI Platform Terms and
Licensee may not disclose any SynthFlow.ai Confidential Information to any third party without
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SynthFlow.ai's prior written consent. Licensee agrees that Licensee will protect the SynthFlow.ai
Confidential Information from unauthorized access, use and disclosure in the same manner that
Licensee would use to protect Licensee's own confidential and proprietary information of a similar
nature and in no event with less than a reasonable degree of care.
7. Representations and Warranties. Licensee represents, warrants and covenants that: (a) the Licensee
Data and the Licensee AI Agents do not, and SynthFlow.ai's use of the Licensee Data and Licensee AI
Agents as permitted in these AI Platform Terms will not, infringe, misappropriate or violate the
Intellectual Property Rights or other rights of any third party or any applicable laws, rules or
regulations; (b) Licensee will not use the Licensee AI Agents in violation of any applicable law, rule or
regulation, any third party rights or in any manner that could subject SynthFlow.ai to any laws, rules or
regulations that otherwise would not apply to SynthFlow.ai; (c) Licensee has, and will continue to have,
all necessary rights to grant SynthFlow.ai the rights set forth in these AI Platform Terms; (d) entering
into these AI Platform Terms and performing Licensee's obligations under these AI Platform Terms do
not, and will not, breach or otherwise conflict with Licensee's obligations to any third party under any
contract, court order or otherwise; (e) Licensee has had the opportunity to consult with independent
legal counsel prior to accepting these AI Platform Terms even if Licensee has chosen not to do so; (f) if
Licensee is accessing and using the AI Platform in Licensee's individual capacity, Licensee is doing so
for business purposes and not as a "consumer" as that concept is defined under applicable laws, rules
and regulations; and (g) Licensee is not seeking to, and will not, access or use the AI Platform for or on
behalf of any agency or instrumentality of any government. LICENSEE FURTHER REPRESENTS,
WARRANTS AND COVENANTS THAT IT WILL NOT DEPLOY, IMPLEMENT OR OTHERWISE USE THE
LICENSEE AGENTS IN CONNECTION WITH ANY PRODUCTS, SERVICES OR APPLICATIONS THAT
COULD CONTRIBUTE (IN WHOLE OR PART) TO ANY PHYSICAL OR EMOTIONAL HARM TO ANY
PERSON OR ANY DAMAGE TO TANGIBLE PROPERTY (INCLUDING IN CONNECTION WITH ANY
PRODUCTS, SERVICES OR APPLICATIONS RELATED TO THE HEALTHCARE, TRANSPORTATION,
MILITARY AND/OR LAW ENFORCEMENT AND ENERGY INDUSTRIES).
8. Indemnification.
i. To the fullest extent permitted by applicable laws, rules and regulations, Licensee will defend,
indemnify and hold harmless the SynthFlow.ai Parties (defined in Section 9) and their respective
officers, directors, employees, consultants, agents, licensors and suppliers (each, an "Indemnified
Party"), from and against any action, claim, investigation or other proceeding brought against an

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Indemnified Party by a third party, and any related liability, damage, loss, and expense, including
reasonable attorneys' fees and costs, arising from or in connection with: (a) Licensee's use or
misuse of the AI Platform; (b) Licensee's breach of these AI Platform Terms; (c) any Licensee Data
(including any allegation that any Licensee Data and/or any use of the same in accordance with
these AI Platform Terms infringes or misappropriates any third party's rights or violates any
applicable laws, rules and regulations, rules or regulations); (d) any Licensee AI Agents (including
any use, deployment, implementation or other exploitation of Licensee AI Agents in any manner);
or (e) any dispute between Licensee and any third party covered by Section 9. The Indemnified
Party reserves the right, at Licensee's sole expense, to assume the exclusive defense and control
of any matter covered by this Section 8 (without limiting Licensee's indemnification obligations
with respect to that matter), and in that case, Licensee agrees to cooperate with the Indemnified
Party's defense of those claims.
9. Disclaimers; Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING ANY OTHER TERMS
IN THESE AI PLATFORM TERMS, THE FOLLOWING TERMS APPLY:

SynthFlow.ai DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY
AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT, LOSS OF DATA, ACCURACY OF RESULTS, OR OTHERWISE, ARISING FROM OR RELATING
TO THESE AI PLATFORM TERMS AND THE SynthFlow.ai IP. WITHOUT LIMITING THE FOREGOING:

(1) SynthFlow.ai DOES NOT REPRESENT OR WARRANT THAT: (a) THE AI PLATFORM WILL BE ERROR-FREE
OR UNINTERRUPTED; (b) THE AI PLATFORM WILL BE COMPATIBLE WITH ANY PARTICULAR DEVICE; (c) ANY
DATA PROVIDED BY OR THROUGH THE AI PLATFORM (INCLUDING ANY THIRD PARTY CONTENT AND
LICENSEE AGENTS) WILL BE ACCURATE OR COMPLETE OR FIT FOR ANY PURPOSE OR USE THAT LICENSEE
PLANS TO MAKE OF THE SAME; OR (d) SECURITY MEASURES WILL BE SUFFICIENT TO PREVENT THIRD
PARTY ACCESS TO LICENSEE DATA OR LICENSEE'S DEVICES OR ANY THIRD PARTY TECHNOLOGY USED IN
CONNECTION WITH THE AI PLATFORM; AND

(2) NEITHER SynthFlow.ai NOR ANY OF ITS CURRENT OR FUTURE AFFILIATES (collectively, the
"SynthFlow.ai Parties") NOR ANY OF THEIR RESPECTIVE LICENSORS WILL HAVE ANY LIABILITY TO
LICENSEE IN CONNECTION WITH ANY: (a) DATA MADE AVAILABLE TO LICENSEE BY OR THROUGH THE AI
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PLATFORM, INCLUDING LICENSEE AGENTS (collectively, "Covered Data") OR ANY RESULTS OR OUTPUT
DERIVED FROM, BASED UPON OR OTHERWISE ARISING FROM OR IN CONNECTION WITH ANY ACCESS
TO, REVIEW, PROCESSING, DEPLOYMENT, IMPLEMENTATION OR OTHER USE OR EXPLOITATION OF THE
COVERED DATA (collectively, "Results"); OR (b) DISPUTE LICENSEE MAY HAVE WITH ANY THIRD PARTY
PERSON OR ENTITY ARISING FROM OR IN CONNECTION WITH THE AI PLATFORM OR ANY COVERED
DATA OR RESULTS. ALL SUCH DISPUTES COVERED BY THE FOREGOING CLAUSE (b) ARE BETWEEN
LICENSEE AND ANY SUCH THIRD PARTIES. ACCORDINGLY, LICENSEE HEREBY IRREVOCABLY RELEASES THE
SynthFlow.ai PARTIES AND ALL OF THEIR LICENSORS FROM ANY AND ALL CLAIMS, DEMANDS AND
DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

IN NO EVENT WILL SynthFlow.ai BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY,
PUNITIVE, TREBLE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS,
GOODWILL, DATA, OR ECONOMIC ADVANTAGE, AND COSTS OF SUBSTITUTE GOODS OR SERVICES)
ARISING OUT OF OR RELATING TO THESE AI PLATFORM TERMS, HOWEVER CAUSED, AND BASED ON ANY
THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF SynthFlow.ai HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. AND SynthFlow.ai'S TOTAL LIABILITY (INCLUDING ATTORNEYS' FEES)
ARISING OUT OF OR RELATED TO THESE AI PLATFORM TERMS WILL NOT EXCEED THE AMOUNT PAID BY
LICENSEE UNDER THE ORDER(S) GIVING RISE TO THE CLAIM DURING THE 12-MONTH PERIOD PRIOR TO
THE DATE THE CLAIM AROSE OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. THESE
LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY
LIMITED OR EXCLUSIVE REMEDY.

10. GENERAL PROVISIONS

a. Privacy and Communications. Licensee's use of the AI Platform is also subject to SynthFlow.ai privacy
policy, which is incorporated into these Terms by this reference. By using the AI Platform, Licensee
consents to receiving certain electronic communications from SynthFlow.ai as further described in the
Privacy Policy. Please read the Privacy Policy to learn more about Licensee's choices regarding
SynthFlow.ai's electronic communications practices. Licensee agrees that any notices, agreements,
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disclosures, or other communications that SynthFlow.ai sends to Licensee electronically will satisfy any
legal communication requirements, including that such communications be in writing.

b. Modification of these Terms. SynthFlow.ai reserves the right to change these AI Platform Terms on a
going-forward basis at any time. Please check these AI Platform Terms periodically for changes. If a change
to these AI Platform Terms materially modifies Licensee's rights or obligations, SynthFlow.ai may require
that Licensee accept the modified AI Platform Terms in order to continue to use AI Platform. Material
modifications are effective upon Licensee's acceptance of the modified AI Platform Terms. Immaterial
modifications are effective upon publication. Except as expressly permitted in this Section 10(b), these AI
Platform Terms may be amended only by a written agreement signed by authorized representatives of the
parties to these AI Platform Terms. Disputes arising under these AI Platform Terms will be resolved in
accordance with the version of these AI Platform Terms that was in effect at the time the dispute arose.

c. Interpretation. Unless a clear contrary intention appears: (i) any term defined in the singular includes the
plural when required by the applicable context; (ii) the headings in these AI Platform Terms are for
convenience of reference only, will not be deemed to be a part of these AI Platform Terms, and will not be
referred to in connection with the interpretation of these AI Platform Terms; and (iii) uses of "including"
mean "including, without limitation." Any ambiguity in these AI Platform Terms will be interpreted without
regard to which party drafted these AI Platform Terms or any part thereof.

d. Changes. SynthFlow.ai may make changes or updates to the AI Platform during the Term, including to
reflect changes in technology, industry practices and patterns of system use; however, any such changes
will not result in a material reduction in the level of performance or availability of the AI Platform provided
to Licensee during the Term. If any changes to the AI Platform do result in a material reduction in the level
of performance or availability for the AI Platform, then Licensee's sole remedy in connection with the same
is to terminate these AI Platform Terms and to cease all use of the AI Platform.

e. Assignment; Subcontractors. Neither party may assign these AI Platform Terms or any of its rights under
these AI Platform Terms without the prior written consent of the other party, except that SynthFlow.ai may
assign these AI Platform Terms without the consent of Licensee as part of a corporate reorganization, to
any SynthFlow.ai affiliate, or in connection with any change of control, consolidation, merger, sale of assets
or any similar transaction or series of transactions. Subject to the foregoing, these AI Platform Terms will
be binding upon and inure to the benefit of the parties and their respective successors and permitted
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assigns. SynthFlow.ai in its sole discretion may from time-to-time engage third parties to perform any of
its obligations under these AI Platform Terms, including hosting or other services. SynthFlow.ai will be
responsible for ensuring all such parties comply with these AI Platform Terms.

f. Force Majeure. Neither party will be liable for any failure or delay in its performance under these AI
Platform Terms due to any cause beyond its reasonable control, including an act of war, terrorism, act of
God, earthquake, flood, pandemic, epidemic, embargo, riot, sabotage, labor shortage or dispute,
governmental act or failure or degradation of the Internet, but in all cases excluding the payment of Fees
(each, a "Force Majeure"). The delayed party must give the other party notice of such Force Majeure and
use commercially reasonable efforts to correct such failure or delay in performance.

g. Governing Law. These AI Platform Terms will be interpreted, construed, and enforced in all respects in
accordance with the local laws of Berlin, Germany.

h. Arbitration.

i. Any dispute with respect to these AI Platform Terms will be settled by binding arbitration in Berlin,
Germany, under the Rules of the International Chamber of Commerce by three arbitrators appointed
in accordance with such rules. Judgment upon the award rendered by the arbitrators may be entered
in any court of competent jurisdiction. The prevailing party will be entitled to receive from the other
party its attorneys' fees and costs incurred in connection with any arbitration or litigation instituted in
connection with these AI Platform Terms. LICENSEE UNDERSTANDS AND AGREES THAT, BY ENTERING
INTO THESE AI PLATFORM TERMS, LICENSEE AND SynthFlow.ai ARE EACH WAIVING THE RIGHT TO A
TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
ii. Notwithstanding the foregoing in Section 10(h)(i), Licensee acknowledges and agrees that a breach
or threatened breach of these AI Platform Terms would cause SynthFlow.ai irreparable harm for which
monetary damages would not be an adequate remedy and agrees that, in the event of such breach or
threatened breach, SynthFlow.ai will be entitled to equitable relief and any other relief that may be
available from any court of competent jurisdiction, without any requirement to post a bond or other
security, or to prove actual damages or that monetary damages are not an adequate remedy. Such
remedies are not exclusive and are in addition to all other remedies that may be available at law, in
equity, or otherwise.

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i. Publicity. SynthFlow.ai may use Licensee's name as a reference for marketing or promotional purposes on
SynthFlow.ai's website and in other communications with existing or potential SynthFlow.ai customers,
investors or acquirers, subject to any written trademark policies Licensee may provide SynthFlow.ai in
writing, with reasonable advanced notice.

j. Entire Agreement; Order of Precedence. All Orders are incorporated by reference into these AI Platform
Terms. In the event of a conflict between the terms of these AI Platform Terms and any Order, the terms in
these AI Platform Terms will prevail. These AI Platform Terms, including all Orders, is the sole agreement of
the parties concerning the subject matter hereof, and supersedes all prior or contemporaneous
agreements and understandings with respect to said subject matter. No terms of any purchase order,
acknowledgement, or other form provided by Licensee will modify these AI Platform Terms, regardless of
any failure of SynthFlow.ai to object to such terms.

k. Third Party Beneficiaries. These AI Platform Terms only benefit the parties and their respective permitted
successors and assigns and no third party has any rights arising under these AI Platform Terms, provided
that the parties hereby designate Indemnified Parties as third party beneficiaries of Section 8 with the right
to enforce such Section 8.

l. Relationship of the parties. The relationship between the parties is that of independent contractors.
Nothing contained in these AI Platform Terms will be construed as creating any agency, partnership, joint
venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and
neither party will have authority to contract for or bind the other party in any manner whatsoever.

m. Waivers; Severability. All waivers of rights arising under these AI Platform Terms must be made in
writing by the party waiving rights. If any provision in these AI Platform Terms is held to be unenforceable
by a court of competent jurisdiction or the arbitrators (as applicable, based on the dispute resolution
proceeding under Section 10(h)), then: (i) it will be severed from these AI Platform Terms; (ii) the court of
competent jurisdiction or arbitrators (as applicable) will replace the severed provision with another
provision that most closely reflects the parties' original intent to the fullest extent permitted by applicable
law; and (iii) these AI Platform Terms will remain in full force and effect.

n. Export Regulations. Licensee agrees to comply with all applicable export and re-export control laws and
regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of

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Commerce Bureau of Industry and Security, in connection with the AI Platform. Specifically, Licensee
covenants that Licensee will not directly or indirectly sell, export, re-export, transfer, divert, or otherwise
dispose of any products, service, or technology (including products derived from or based on such
technology) received from SynthFlow.ai under these AI Platform Terms to any destination, entity, or person
or for any use prohibited by the export control laws or regulations of Germany.

o. Contact Information. The AI Platform is offered by SynthFlow.ai, located in Berlin, Germany. Licensee
may contact us by sending correspondence to that address or by emailing us at contact@SynthFlow.ai

 Updated 9 months ago

 Synthflow AI - Affiliate Program Privacy Policy 

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