Terms of Service

By creating an account, accessing, or using Spacewave (“Service”), operated by Aperture Robotics, LLC, a Delaware limited liability company (“Company”, “we”, “us”), you (“you” or “User”) acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must not access or use the Service.

You must be at least 16 years old to use Spacewave. If you are under 18, you represent that your parent or legal guardian has read, understood, and agreed to be bound by these Terms on your behalf.

Each party represents and warrants that it has the legal power and authority to enter into these Terms and to perform its obligations hereunder.

Spacewave is a client-side application platform that enables users to self-host applications in the browser. The Service includes:

• Open-source client-side application runtime (runs in your browser or desktop)
• Direct device-to-device networking via web technologies
• Optional cloud storage and data relay (paid tier)

The free tier operates entirely locally: no cloud infrastructure is used for free-tier users.

2.1 Beta Services

The Service is currently in beta. Beta features may be changed, suspended, or discontinued at any time without prior notice. Beta features may not be as reliable or available as generally available services and have not been subjected to the same level of testing.

BETA SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, THE COMPANY SHALL HAVE NO LIABILITY OF ANY KIND WITH RESPECT TO BETA SERVICES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN JURISDICTIONS THAT DO NOT PERMIT A COMPLETE EXCLUSION OF LIABILITY, THE COMPANY’S TOTAL LIABILITY FOR BETA SERVICES SHALL NOT EXCEED TEN U.S. DOLLARS (US $10).

We will use commercially reasonable efforts to notify you of material changes to beta features, but failure to provide such notice shall not give rise to any liability.

When the Service exits beta and becomes generally available (“GA Transition”), we will provide written notice to the email address associated with your account. Upon GA Transition: a) pricing, plan baselines, and feature availability may change; b) these Terms may be updated in accordance with Section 18.1; and c) your continued use of the Service after the GA Transition date constitutes acceptance of the then-current Terms and pricing. We will use commercially reasonable efforts to migrate your existing data and account configuration to the generally available Service, but we do not guarantee that all beta-period data, configurations, or customizations will be preserved. You are encouraged to export your data before the GA Transition date.

2.2 Software

The Company may make client-side software applications available for download or installation as part of the Service (“Software”). Subject to the terms and conditions of these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and install the Software solely to the extent necessary to access and use the Service. Software may update automatically. This license automatically terminates upon expiration or termination of these Terms or closure of your account. To the extent a component of the Software contains open-source software, the applicable open-source license for that component shall govern with respect to that component.

2.3 Usage Data

We may collect diagnostic and usage-related data from the use, performance, and operation of the Service (“Usage Data”), including usage patterns, traffic logs, and engagement metrics. We use Usage Data solely for system quality-of-service monitoring, billing, and maintaining the operation of the Service. We will not disclose Usage Data to any third party in a manner that identifies you or any individual User, except as required by applicable law.

2.4 Data Storage and Lifecycle

Your cloud-stored data may be stored across multiple storage tiers to optimize cost and performance. Data that has not been accessed for an extended period (currently thirty (30) or more days) may be migrated to cold storage. Data in cold storage remains fully accessible but may experience higher retrieval latency compared to frequently accessed data. We will use commercially reasonable efforts to minimize any impact on your experience, and the migration between storage tiers is transparent to your use of the Service. Cold storage migration does not affect the durability or availability of your data. The specific inactivity threshold for cold storage migration may be adjusted at our discretion.

2.5 Artificial Intelligence Features

The Service may include features that use or leverage artificial intelligence or machine learning technology, including large language models (“AI Features”). You acknowledge and agree that any text, information, analyses, results, content, recommendations, or other materials generated by AI Features (“Output”) are provided “AS IS” and “WITH ALL FAULTS.” The Company makes no representations, warranties, or guarantees of any kind with respect to AI Features or any Output, including with respect to accuracy, completeness, reliability, timeliness, or suitability. Given the probabilistic nature of artificial intelligence technology, Output may be inaccurate, incomplete, or inappropriate. You are solely responsible for evaluating and making all decisions based on any Output, and the Company shall have no responsibility or liability arising from your reliance on any Output.

3.1 Account Creation

You may create an account using email/password, passkeys, or third-party OAuth providers. You are responsible for maintaining the confidentiality and security of your authentication credentials. You must not share your account credentials with any other person. You are solely responsible for all activities that occur under your account, whether or not authorized by you.

For email/password authentication, your password is processed client-side (scrypt key derivation) to generate a cryptographic keypair. We do not store your password.

If you become aware of or reasonably suspect any unauthorized use of your account or any other breach of security, you must promptly notify us at legal@aperture.us.

3.2 Email Verification

A verified email address is required before subscribing to a paid plan or making any payment.

3.3 Billing Accounts and Organizations

You may create one or more billing accounts (“Billing Account”), each with its own subscription. Each Billing Account has a primary user (owner) and may be attached to one or more organizations (“Organization”) to fund that Organization’s resources. You are solely responsible for all charges incurred under your Billing Account(s) and for the actions of all users within any Organization funded by your Billing Account(s).

4.1 Free Tier

The free tier provides full client-side functionality with direct device-to-device networking at no cost and with no cloud storage. We may modify or discontinue the free tier at any time without prior notice or liability.

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, THE FREE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COMPANY, ITS MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE FREE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

4.2 Paid Tier

Service plans, features, and pricing are described on our pricing page at spacewave.app/pricing. We reserve the right to change pricing at any time, effective upon the next renewal term. We will notify you by email of pricing changes before your next renewal.

4.3 Auto-Renewal

Paid subscriptions automatically renew at the end of each monthly billing period at the then-current pricing unless you cancel before the renewal date. By subscribing to a paid plan, you authorize us to charge your payment method on file for each renewal period. Your failure to cancel before the renewal date constitutes your authorization to charge the applicable renewal fees.

4.4 Baseline Allocation and Overage

Each paid plan includes a baseline allocation of storage, write operations, and read operations per billing period, as specified on the pricing page at spacewave.app/pricing. As of the effective date of these Terms, the standard paid plan baseline allocation is 100 GB of cloud storage, 1,000,000 write operations, and 10,000,000 read operations per month. We reserve the right to adjust baseline allocations at any time, effective upon the next renewal term.

Usage exceeding your plan’s baseline allocation will be billed at the overage rates published on the pricing page at the time the overage is incurred. Overage charges are billed in arrears and added to your next invoice. Exceeding your baseline allocation does not result in service suspension or termination; overage usage is accommodated and billed accordingly. We will provide reasonable tools for you to monitor your usage, including notifications when you approach or exceed your baseline allocation thresholds.

4.5 Taxes

All fees are exclusive of taxes. You are responsible for all applicable sales, use, excise, value-added, and other similar taxes, duties, levies, and charges of any kind imposed by any federal, state, local, or foreign governmental authority on any amounts payable under these Terms, other than taxes imposed on the Company’s net income.

4.6 Billing and Late Payment

Subscriptions are billed in advance. All fees are non-refundable, including fees for partially used subscription periods, except as expressly provided in these Terms or as required by applicable law. You must keep your billing information current and accurate.

If payment fails, we will notify you at the email address associated with your account and may suspend access to paid features after five (5) days following such notification. If such failure to pay continues, we may charge interest on all past due amounts at the rate of one and a half percent (1.5%) per month, or the maximum rate permitted by applicable law, whichever is lower, calculated from the date payment was originally due. Suspension does not relieve you of the obligation to pay all outstanding amounts and accrued interest. During any period of suspension, your cloud-stored data will be preserved for thirty (30) days from the date of suspension. If the suspension is not resolved within that period, we may permanently delete your cloud-stored data.

4.7 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Two cancellation options are available:

4.7.1 Standard Cancellation (End of Period)

Cancellation takes effect at the end of the current billing period. You retain full access to paid features and your cloud-stored data until the end of the period, and you will not be charged for subsequent periods. Upon cancellation, your cloud-stored data will be available for export for thirty (30) days after the end of the billing period, after which it will be permanently deleted.

4.7.2 Immediate Cancellation with Account Deletion

You may request immediate cancellation with full account deletion. A final billing reconciliation determines whether a refund is issued or an outstanding balance remains. To request immediate cancellation with account deletion:

1. You must verify your identity via a confirmation link sent to the email address associated with your account.
2. Upon verification, a twenty-four (24) hour waiting period begins. During this period, your account becomes read-only and you may undo the deletion request at any time through your account settings. We will notify you by email when the waiting period begins and again before deletion is executed.
3. After the waiting period expires, your account and all cloud-stored data will be permanently and irreversibly deleted. Local data on your devices is not affected.
4. Refund calculation: the unused prepaid portion of the current billing period (calculated on a daily basis) is offset against accrued overage charges and the Stripe fixed processing fee described below. If a net credit remains, we issue an immediate refund to the original payment method. If no net credit remains, no refund is issued and you remain responsible for any outstanding balance.
5. The Stripe processing fee ($0.30 fixed fee per original transaction) is not refundable, as Stripe retains this amount regardless of refund.

Once account deletion is executed, the action is irreversible. We cannot recover deleted data.

4.8 Billing Disputes

If you reasonably and in good faith believe that you have been billed incorrectly, you must notify us at legal@aperture.us no later than thirty (30) days after the date of the charge in question. Your notice must describe the nature of the dispute in reasonable detail. All undisputed amounts remain due and payable in accordance with these Terms. The parties will work together in good faith to resolve the dispute within fifteen (15) days. If no resolution is agreed upon, each party may pursue any remedies available under these Terms or applicable law.

4.9 Suspension and Termination for Cause

We may suspend or terminate your access to the Service, in whole or in part, immediately and without prior notice if you: a) materially breach these Terms, including the restrictions in Section 5.4 (Prohibited Content) or Section 6 (Acceptable Use); b) use the Service in a manner that threatens the security, integrity, or availability of the Service; or c) are required to be suspended or terminated by applicable law. Upon termination for cause, we may in our sole discretion immediately and permanently delete your User Content and account data without any obligation to provide an export period. Any fees accrued prior to termination remain due and payable.

4.10 Termination for Convenience

We may terminate your account or any subscription for any reason or no reason upon thirty (30) days’ prior written notice to the email address associated with your account. If we terminate a paid subscription under this section, we will provide a pro-rata refund of any prepaid fees for the remainder of the then-current billing period. Upon termination under this section, your cloud-stored data will be available for export for thirty (30) days from the effective date of termination, after which it will be permanently deleted.

4.11 Trial and Promotional Periods

From time to time we may offer a free trial or other promotional billing period in connection with a paid subscription (“Trial Period”). A Trial Period is a temporary offer, may be changed or withdrawn at any time, and is limited to one Trial Period per Billing Account regardless of the number of accounts, email addresses, or payment methods you use. We do not guarantee availability of any Trial Period to any specific user.

To start a Trial Period you must provide a valid payment method. Your payment method will not be charged during the Trial Period, except for any taxes or fees required by applicable law. When the Trial Period ends, your subscription will automatically convert to a paid subscription at the then-current pricing for the selected plan, and your payment method will be charged for the first billing period without further action on your part. Auto-renewal thereafter is governed by Section 4.3.

You may cancel at any time during the Trial Period through your account settings. If you cancel before the Trial Period ends, your subscription will not convert to paid and your payment method will not be charged for the first billing period. Access to paid features ends at the earlier of the end of the Trial Period or the effective date of your cancellation, in accordance with Section 4.7.

Participation in a Trial Period is not a refund trigger. No refund, credit, or other compensation is due if you do not cancel before the Trial Period ends, if you do not use the Service during the Trial Period, or if you are dissatisfied with the Service during the Trial Period. Refund eligibility after the Trial Period converts to paid is governed by Section 4.7 and applicable law. If a charge at the end of the Trial Period fails, Section 4.6 (Billing and Late Payment) applies.

5.1 Ownership

You retain all right, title, and interest in and to content you create, upload, or store using the Service (“User Content”). We do not claim any ownership rights in your User Content. We do not use your User Content to train artificial intelligence or machine learning models.

5.2 License Grant

By using the Service’s cloud storage and sharing features, you grant us a limited, worldwide, non-exclusive, royalty-free, sublicensable (solely to our infrastructure and service providers as necessary to operate the Service) license to store, display, transmit, and cache your User Content solely as necessary to provide and maintain the Service. This license terminates when you delete the content or close your account, except that a) content previously shared with other users may persist in those users’ accounts, and b) residual copies in backup or archival systems may be retained for a commercially reasonable period.

5.3 Sharing and Collaboration

When you share content with other users via Spacewave’s direct networking or cloud features, you are responsible for ensuring you have the right to share that content. We are not responsible for how recipients use shared content.

5.4 Prohibited Content

You may not use the Service to store or transmit:

• Content that violates any applicable law
• Child sexual abuse material (CSAM)
• Malware, viruses, or other harmful code
• Content that infringes intellectual property rights of others
• Spam or unsolicited bulk communications

We have no obligation to monitor User Content or account activity but reserve the right to monitor account activity and metadata to the extent technically feasible. Because User Content is end-to-end encrypted, we are unable to access or review the plaintext content of your data. However, we may:

• Remove or disable access to encrypted data stored on our infrastructure;
• Suspend or terminate accounts based on metadata patterns, resource consumption anomalies, or other non-content signals that we reasonably believe indicate a violation of this section or Section 6 (Acceptable Use);
• Enforce resource consumption limits (storage, operations, bandwidth) regardless of the nature or content of the data stored;
• Cooperate with law enforcement and respond to valid legal process (such as subpoenas, court orders, or search warrants) by providing account metadata, usage records, and other non-content information within our possession, even where the underlying User Content is encrypted and inaccessible to us;

in each case without prior notice or liability.

You agree not to:

• Use the Service as a general-purpose CDN, file hosting service, or bulk data dump unrelated to active Spacewave application usage
• Use the Service to proxy, relay, mirror, or redistribute data for non-Spacewave purposes or for the benefit of third-party services
• Engage in automated sync flooding, API abuse, or any pattern of programmatic access designed to generate excessive write or read operations disproportionate to genuine application use
• Create excessive SharedObjects or collaborative sessions for the purpose of consuming platform resources rather than genuine collaboration
• Circumvent usage limits, rate limits, access controls, or resource quotas
• Interfere with or disrupt the Service or its infrastructure
• Attempt to gain unauthorized access to other users’ accounts or data
• Use the Service in any manner that could damage, disable, or impair the Service
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Service’s server-side components (except to the extent that applicable law prohibits this restriction)
• Use automated means to create accounts or access the Service in a manner that exceeds reasonable use
• Use the Service in violation of any applicable law or regulation, including export control and sanctions laws
• Access or use the Service from a country subject to comprehensive U.S. economic sanctions or if you are designated on any U.S. government restricted party list

6.1 Rate Limiting and Resource Quotas

We reserve the right to implement and enforce rate limiting, throttling, and resource quotas on any aspect of the Service, including but not limited to sync operations, API requests, SharedObject operations, WebSocket connections, and account registrations. These measures are designed to protect service quality and ensure fair access for all users. Rate limits and quotas may be adjusted at any time without prior notice. If your usage is throttled or rate-limited, we will use commercially reasonable efforts to notify you, but failure to provide such notice shall not give rise to any liability.

6.2 SharedObject Limits

SharedObjects are a collaborative feature of the Service with associated infrastructure costs. We reserve the right to impose limits on: a) the number of concurrent SharedObjects per account; b) the rate of operations per SharedObject; and c) the number of concurrent participants per SharedObject. Current limits, if any, are published on the pricing page. You are responsible for all content shared via SharedObjects that you create or administer, and for ensuring that all participants in your SharedObjects comply with these Terms.

7.1 Company Ownership

The Service, including the platform, its proprietary server-side software, design, documentation, and all enhancements, derivatives, and improvements thereto, is the exclusive property of Aperture Robotics, LLC and is protected by applicable intellectual property laws. Except for the limited rights expressly granted in these Terms, we reserve all right, title, and interest in and to the Service, including all intellectual property rights therein. Any customizations, configurations, or modifications to the platform made by or on behalf of the Company remain the exclusive property of the Company. These Terms do not grant you any rights to our trademarks, logos, or branding.

7.2 Customer Ownership

You retain all right, title, and interest in and to your User Content (as set forth in Section 5.1) and any applications, code, or other materials that you independently create, develop, or author using the Service (“Customer Materials”). Nothing in these Terms transfers ownership of Customer Materials to the Company.

7.3 Open-Source Software

Open-source components of Spacewave are licensed under their respective open-source licenses, which are identified in the source code repositories. Nothing in these Terms restricts or limits your rights under any applicable open-source license. To the extent there is a conflict between these Terms and an applicable open-source license with respect to a specific open-source component, the open-source license shall govern with respect to that component.

The Service relies on third-party infrastructure providers, including Cloudflare (storage, compute, data relay, and bot management) and Stripe (payment processing). These providers are subject to contractual obligations consistent with these Terms. We remain responsible for the Service as described in these Terms but are not liable for the acts or omissions of third-party providers beyond our reasonable control. We make no warranty or representation regarding any third-party services, and your use of such third-party services may be subject to the terms and conditions of those third-party providers.

8.1 Infrastructure and Data Processing

The Service uses Cloudflare’s global edge network for request processing, data storage, and real-time communication. As a result: a) your requests may be processed at Cloudflare edge locations nearest to you, which may be in different jurisdictions; b) cached copies of your encrypted data may temporarily exist at multiple Cloudflare edge locations; and c) the availability and performance of the Service depend in part on the availability of Cloudflare’s infrastructure. We do not currently offer user-selectable data residency regions but may do so in the future. All data stored on our infrastructure is encrypted as described in Section 5.4.

8.2 Bot Management

The Service uses Cloudflare Turnstile for bot detection and abuse prevention. Turnstile may collect interaction data to distinguish human users from automated access. Your use of the Service is subject to the Cloudflare Turnstile Privacy Policy.

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe content on Spacewave infringes your copyright, please see our DMCA Policy for designated agent contact information and takedown procedures.

We will respond to valid DMCA takedown notices and may remove or disable access to infringing content. Repeat infringers may have their accounts terminated.

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR SECURE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

For self-hosted and local features, data availability depends on connected devices. We do not guarantee availability of locally hosted or self-hosted content.

THESE DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APERTURE ROBOTICS, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICE, OR YOUR USE OR INABILITY TO USE THE SERVICE, WHETHER BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT, BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR CLARITY, IF YOU ARE USING ONLY THE FREE SERVICES, YOU HAVE PAID US NOTHING AND OUR LIABILITY IS ZERO. WHERE A MORE SPECIFIC LIABILITY EXCLUSION OR CAP IS SET FORTH ELSEWHERE IN THESE TERMS (INCLUDING SECTION 2.1 FOR BETA SERVICES AND SECTION 4.1 FOR FREE SERVICES), THE MORE PROTECTIVE PROVISION SHALL CONTROL.

THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

You agree to indemnify, defend, and hold harmless Aperture Robotics, LLC and its members, managers, employees, and agents from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to a) your use of the Service, b) your User Content, c) your violation of these Terms, or d) your violation of any applicable law or the rights of any third party. We will provide you with prompt written notice of any such claim and reasonably cooperate with your defense at your sole cost and expense. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

14.1 Good-Faith Negotiation

Before initiating any arbitration or legal proceeding, the parties shall use commercially reasonable efforts to resolve any dispute, claim, or disagreement arising out of or relating to these Terms or the Service through good-faith negotiation. The complaining party shall send written notice to the other party describing the dispute in reasonable detail. The parties shall have thirty (30) days from the date of such notice to attempt to resolve the dispute. Good-faith negotiation is a precondition to initiating arbitration under Section 14.2.

14.2 Arbitration

If a dispute is not resolved through good-faith negotiation under Section 14.1, it shall be finally settled by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in effect at the time the arbitration is initiated. Arbitration will be conducted in Wilmington, Delaware, or, at the election of the claimant, by telephone or videoconference as permitted by the AAA Rules.

BY AGREEING TO THESE TERMS, EACH PARTY WAIVES ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL BEFORE A JUDGE OR JURY. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. THE ARBITRATOR’S DECISION SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

To the extent permitted by applicable law and the AAA Rules, all aspects of the arbitration proceeding, including any ruling, decision, or award by the arbitrator, shall be strictly confidential. Neither party shall disclose the existence, content, or results of any arbitration without the prior written consent of the other party, except as may be required by applicable law or to enforce the arbitration award.

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of that court.

14.3 Opt-Out

You may opt out of the arbitration agreement by sending written notice to legal@aperture.us within thirty (30) days of the date you first agree to these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, disputes will be resolved in the state or federal courts located in the State of Delaware, and you irrevocably submit to the exclusive jurisdiction of such courts.

14.4 Class Action Waiver

YOU AGREE TO RESOLVE ALL DISPUTES INDIVIDUALLY AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING OF ANY KIND.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Neither party shall be liable for any delay or failure to perform its obligations under these Terms (other than payment obligations) to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, epidemics, pandemics, fire, flood, war, terrorism, riots, labor disputes, government action, power outages, telecommunications failures, Internet or third-party hosting service failures, or denial of service attacks, provided that the affected party uses commercially reasonable efforts to mitigate the effects of such event and provides prompt notice to the other party. If a force majeure event prevents the Service from materially operating for sixty (60) or more consecutive days, either party may terminate the affected subscription upon written notice. In such case, we will provide a pro-rata refund of any prepaid fees for the remainder of the then-current billing period.

The Service is subject to United States export control laws and regulations, including the Export Administration Regulations (EAR) and sanctions programs administered by the Office of Foreign Assets Control (OFAC). You represent and warrant that you are not a) located in, or a resident or national of, any country subject to comprehensive U.S. economic sanctions; b) designated on any U.S. government restricted party list, including the Specially Designated Nationals and Blocked Persons List (SDN List), the Entity List, or the Denied Persons List; nor c) fifty percent (50%) or more owned by any party designated on any such list. You shall not export, re-export, or transfer the Service or any related technical data in violation of any applicable export control law or regulation.

18.1 Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by sending an email to the address associated with your account when the updated Terms take effect. Your continued use of the Service after the effective date of the modified Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service and may cancel your subscription in accordance with Section 4.7.

18.2 Notices

All notices under these Terms shall be in writing and delivered by email. Notices to the Company shall be sent to legal@aperture.us. Notices to you shall be sent to the email address associated with your account. Notices shall be deemed given upon confirmed delivery. You are responsible for keeping your account email address current.

18.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.

18.4 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

18.5 Entire Agreement

These Terms constitute the entire agreement between you and Aperture Robotics, LLC regarding the Service and supersede all prior or contemporaneous agreements, representations, and understandings, whether written or oral.

18.6 Assignment

You may not assign or transfer these Terms, in whole or in part, without our prior written consent (not to be unreasonably withheld), and any attempted assignment without such consent shall be null and void. We may assign these Terms without your consent upon notice to an affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

18.7 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.

18.8 No Third-Party Beneficiaries

These Terms do not confer any rights or remedies upon any third party.