Terms of Service

Last updated: November 5, 2026

Superstorm, a Delaware company ("Superstorm", "we", "our" or "us"), offers to its customers ("Customers" or "you") Superstorm, an online Software-as-a-Service product that adds an AI copilot to a Customer's own software product: it learns the Customer's application programming interface ("API") from the Customer's own product, and lets the users of the Customer's product carry out tasks in it by describing them in plain language, through the Customer's own API (the "Service"), together with the related services (collectively, the "Services"). The terms "Users" or "you" refer to: (i) Customer; and (ii) Customer's authorized personnel who access, or are authorized to access, the Services on Customer's behalf through the Superstorm console.

"End Users" means the users of Customer's own product who interact with the copilot that Customer embeds in it. End Users are not party to these Terms; their relationship with Customer is governed by Customer's own terms of service and privacy policy. Customer is solely responsible for making the disclosures and obtaining any consents required for the copilot to act for its End Users and to process their data.

By signing in to, accessing or using the Services, you acknowledge that you have read and understood these Terms of Service (the "Terms of Service"), including our Privacy Policy (the "Privacy Policy", and together with these Terms of Service, the "Terms"), our Refund Policy and our Pricing, and you agree to be bound by the Terms, to comply with all laws and regulations that apply to your use of the Services, and that these Terms constitute a binding and enforceable legal contract between Superstorm and you.

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICES IN ANY MANNER.

IF YOU ARE THE FIRST PERSON TO USE OR ACCESS THE SERVICES ON BEHALF OF YOUR ORGANIZATION, YOU AGREE THAT YOUR ORGANIZATION IS DEEMED A CUSTOMER AND YOU ARE DEEMED A USER FOR THE PURPOSE OF THESE TERMS. YOU REPRESENT AND WARRANT THAT (I) YOU HAVE BEEN DESIGNATED BY CUSTOMER AND HAVE FULL LEGAL AUTHORITY TO USE AND REGISTER TO THE SERVICES ON BEHALF OF CUSTOMER AND TO BIND CUSTOMER TO THESE TERMS; AND (II) THESE TERMS ALSO CONSTITUTE A BINDING CONTRACT BETWEEN CUSTOMER AND SUPERSTORM. USERS AND CUSTOMER REPRESENT AND WARRANT THAT THEIR USE OF AND ACCESS TO THE SERVICES ARE PERFORMED UNDER CUSTOMER'S AUTHORIZATION AND SHALL INURE TO THE BENEFIT OR LIABILITY OF CUSTOMER.

Any separate written agreement between Superstorm and Customer regarding the Services takes precedence over conflicting provisions of these Terms, except that Section 11 continues to apply unless that agreement expressly refers to and replaces a specific provision of Section 11.

1. The Services

1.1. The Superstorm Service. Superstorm is an online Software-as-a-Service platform that adds an AI copilot to Customer's software product. Its capabilities include, without limitation: (i) learning Customer's API from what Customer's product sends from a browser signed in to it (its own frontend code and the description its API gives of itself), and from the shapes of the calls Customer's product makes to its own API as it is used (names and types, never values), and producing from these a description of the actions the copilot may perform (the "Connection"), which Superstorm keeps up to date as Customer's product changes; (ii) letting Customer review the actions and turn off any it does not want the copilot to use; (iii) a script tag or bookmark through which the copilot runs in Customer's product, and a console through which Customer sets up and manages it; and (iv) running the copilot so that, when an End User asks it to do something, it carries out actions through Customer's API and opens pages of Customer's product. To set up the Service, Customer adds Superstorm's script tag to its product (or uses a bookmark) and opens its product, signed in, with the link or bookmark from its console; Customer then decides when the copilot is shown to End Users. Actions learned are on by default, including actions learned later as Customer's product changes or as it is used, and Customer is told of them in the console. Customer acknowledges and agrees that it (and not Superstorm) has sole control over what its product sends for learning, which actions the copilot may use, whether learning from use is on, and where and to whom the copilot is shown.

1.1.1. The copilot acts as the End User, in the End User's browser. The copilot's actions run in the End User's own browser, on Customer's product, using the session that End User is already signed in with. Superstorm decides which action to call and with what inputs; the End User's browser makes the call to Customer's API. Accordingly, the copilot can do only what that End User is permitted to do in Customer's product, and Superstorm does not receive, hold or store the End User's credentials or session with Customer's product.

1.2. Scope and Applicability. These Terms of Service apply only to your access to and use of the Services.

1.3. Modification of the Services. Superstorm may continuously update the Services with new capabilities or offerings, or replace or discontinue some capabilities. You acknowledge and agree that some features may be experimental or offered in limited versions or locations. Superstorm may at any time, in its sole discretion, add or remove supported features from the Service. Customer's sole remedy for such changes, where they reflect a material decrease in functionality, is to terminate its subscription to the Service. In that event Customer must give Superstorm written notice of termination within fourteen (14) days of being notified of the adverse change, and Superstorm will refund any pre-paid, unused fees.

1.4. Actions Performed by the Copilot. When an End User asks the copilot to do something, it reads from, and (for actions that change data) writes to, Customer's product through Customer's own API and the End User's own session, as described in Section 1.1.1. Customer authorizes Superstorm to select and propose such actions on Customer's behalf, within the actions Customer has left on. Actions that change data are shown to the End User and run only after the End User confirms; once the End User confirms a change, more changes of the same kind that complete the same request may run without asking again. Customer is responsible for which actions it leaves on, the accuracy of the Connection, and for the results. Superstorm itself does not take any action in Customer's product other than through the actions Customer has left on, as described above, and does not process payments or fulfil orders.

1.5. AI Features. The Service uses artificial intelligence to learn Customer's API, to understand End Users' requests, and to decide which actions to take and with what inputs (the "AI Features"). Customer acknowledges that:

(a) Output of the AI Features, including the Connection it produces and the actions it proposes, is produced probabilistically and may be inaccurate, incomplete, outdated or unsuitable for a particular purpose, and may differ for identical inputs.

(b) Output is not advice. Customer is responsible for reviewing the Connection, and turning off any action it does not want the copilot to use, before relying on the copilot. Neither Customer nor any End User shall rely on output as the sole basis for any business, financial, legal or regulatory decision.

(c) Superstorm uses third-party providers of artificial intelligence services to operate the AI Features. Customer Data, including what Customer's product sends for learning (its frontend code, API descriptions and call shapes), End Users' requests, and the data the copilot reads to carry out a request, may be transmitted to and processed by such providers to generate output. Such providers act as Superstorm's sub-processors.

(d) Superstorm does not develop or train large language models of its own. Superstorm does not use identifiable Customer Data to improve the Service for any other customer, and may use Customer Data that has been anonymized and aggregated, in accordance with Section 6.6, to develop and improve the Service generally. The third-party providers of artificial intelligence services used to operate the AI Features are contractually prohibited from using Customer Data to train their models.

(e) Customer shall not use the AI Features to develop, train or improve any product or service that competes with the Service, nor to extract, replicate or reverse engineer any model, prompt or logic underlying the Service.

1.6. The Copilot and End Users. Where the copilot processes End User data or affects End Users, it operates within Customer's own relationship with its End Users. Without altering the allocation of responsibility under Sections 9, 10 and 11, Customer determines which actions the copilot may take and remains responsible under applicable law for its product and its dealings with its End Users. Superstorm is not a party to any transaction between Customer and an End User.

2. Registration and User Account

2.1. Account. Customer's account with Superstorm (the "Superstorm Account") is created when a User first signs in (for example through Google) through Google. Superstorm receives the name and email address of each User who signs in to the console, the information Customer provides about its product, what Customer's product sends for learning, and, at runtime, the End Users' requests and the data the copilot reads or returns to carry out those requests.

2.2. Account Security. Access to the Superstorm Account is controlled by the Users to whom Customer grants access. Customer is responsible for the Users it gives access to, for keeping its sign-in and the links and bookmarks from its console confidential (they let a browser learn Customer's product), for telling us if they may have been compromised, and for all activity under its Superstorm Account, including any use or misuse by a User. We may temporarily suspend or permanently terminate a Superstorm Account if we determine that Customer or anyone on its behalf is using it in a manner that violates these Terms.

2.3. Account Changes and Termination. Terminating a Superstorm Account is separate from removing a copilot or cancelling billing. To change your Superstorm Account information or terminate your Superstorm Account, contact us at support@superstorm.ai. Your Superstorm Account will be terminated within a reasonable time after your request, in accordance with Section 6.7, and from that date you will no longer be able to access it and the permissions, rights and licenses granted to you under these Terms terminate. TERMINATING YOUR SUPERSTORM ACCOUNT MAY CAUSE THE LOSS OR UNAVAILABILITY OF CONNECTIONS, DATA AND FEATURES. SUPERSTORM SHALL NOT BE LIABLE IN ANY WAY FOR SUCH UNAVAILABILITY OR LOSS.

3. Fees and Plans

3.1. Fees. The fees payable for the Services ("Fees"), their payment terms, and the scope of the Services are those of the plan that applies to Customer (the "Plan"), as presented on our pricing page or in a separate written order ("Order Form"). A Plan may consist of a free allowance, a recurring fee, fees that vary with Customer's usage ("Usage Fees"), or a combination of these.

3.1.1. Free Plan. Superstorm may make the Service available at no charge within limits, such as a number of copilots and a number of answers the copilot gives each month. Superstorm may change or withdraw the free Plan at any time. When Customer reaches a limit of the free Plan, using more requires a paid Plan.

3.1.3. Fair Use. To protect Customer's allowance from abuse, Superstorm may limit how much a single visitor can use a copilot in a period (for example, the number of answers in a day), on any Plan.

3.1.2. Usage Fees. On a paid Plan, Fees are based on usage of the Service, such as the number of answers the copilot gives in a month, and may include a recurring fee per copilot, as described in the applicable Plan. The AI the Service uses is included in those Fees. Usage is measured by Superstorm's own systems, which are the record of usage absent manifest error.

3.2. Payment. Payments are processed by a third-party payment provider that acts as our reseller and merchant of record (the "Payment Provider"), named at checkout and on your receipt. Your purchase is therefore also subject to the Payment Provider's buyer terms, and the Payment Provider handles payment, invoicing and applicable taxes. Superstorm does not receive or store your full payment card number, and confirmation or rejection of a payment is performed by the Payment Provider, not Superstorm. We are not responsible for the conduct of the Payment Provider or any other payment provider, and you agree to hold us harmless from any liability arising from payment activity performed by them.

3.3. Billing. Unless an Order Form says otherwise, Fees are charged monthly in arrears: on the monthly renewal date of Customer's subscription, for the usage since the previous charge. If the amount owed during a month reaches one hundred US dollars (USD 100), Superstorm may charge it at that time. If a payment fails, Superstorm may limit or suspend the Services until it succeeds.

3.4. Term and Cancellation.

(a) Standard Plans. Unless an Order Form includes a minimum commitment period (a "Commitment Period"), a Plan continues until cancelled. Customer may cancel at any time by removing its copilots or by contacting us. No cancellation fee applies. Fees and Usage Fees accrued before cancellation remain payable. Refunds follow our Refund Policy.

(b) Plans with a Commitment Period. Where an Order Form includes a Commitment Period, Customer may not cancel that Plan for convenience before the Commitment Period ends, and the Fees for the full Commitment Period remain payable. Commitment Periods apply only to custom Plans agreed in writing.

(c) Termination by Superstorm. Superstorm may terminate a Plan at any time for convenience on written notice (including by email), and will refund any pre-paid, unused Fees. Usage Fees for usage already delivered are not refundable, except under our Refund Policy.

(d) Termination for Breach. Either party may terminate immediately on written notice if the other commits a material breach which, where capable of remedy, is not remedied within thirty (30) days of notice.

(e) Other Termination Rights. Customer's right to terminate after a material decrease in functionality is set out in Section 1.3. Cancelling billing does not by itself terminate Customer's Superstorm Account; account termination and deletion of Customer Data are governed by Sections 2.3 and 6.7.

3.5. Price Changes. Superstorm may change its Plans and Fees. Changes to the Fees of an existing paid Plan take effect no earlier than thirty (30) days after notice to Customer. If Customer does not accept a change, it may cancel under Section 3.4 before the change takes effect.

3.6. Taxes. Fees are exclusive of value added tax, sales tax and similar taxes. As merchant of record, the Payment Provider calculates, collects and remits the taxes that apply to your purchase.

4. Intellectual Property Rights; License

4.1. Superstorm Intellectual Property. All proprietary and intellectual property rights in and to the Service, including the software that learns APIs and runs the copilot, its interfaces, the widget, documentation, content such as logos, graphics, icons and images, the selection and arrangement thereof, Superstorm's trademarks, trade names, designs and "look and feel", all whether or not registered or capable of registration, and all Feedback as defined below (collectively, the "Superstorm Properties"), are owned by or licensed to Superstorm or its affiliates or licensors, and are protected by copyright and other intellectual property laws of the United States, other countries and international conventions.

4.2. Your Product and Your Data. As between Customer and Superstorm, Customer retains all right, title and interest in and to Customer Data, in Customer's product and source code, and in the Connection produced for Customer, excluding the Superstorm Properties used to produce or run it. Customer grants Superstorm a license to receive and process what Customer's product sends for learning (to learn the API) and to host, run, copy and display the Connection as needed to provide the Services. Because output of the AI Features is generated, similar output may be generated for other customers, and nothing in these Terms gives Customer exclusive rights in general techniques or ideas.

4.3. Your Use Rights. Subject to your compliance with these Terms, and unless otherwise agreed in writing, Superstorm grants you a limited, worldwide, non-exclusive, non-assignable, non-transferable, non-sublicensable license, revocable at our discretion, to access and use the Service within the scope of your Plan, solely for Customer's internal business purposes and to offer the copilot within Customer's own product, and in accordance with these Terms. Except as stated above, no other rights in the Service or the Services are granted.

4.4. Use Restrictions. You may not, and shall not permit any person to: (i) copy, modify, distribute, publicly display, transfer, create derivative works of, adapt, emulate, translate, reverse engineer, compile, decompile, disassemble or reproduce the Service or any part of it, for any purpose; (ii) remove or delete any copyright notices, restrictions or signs indicating proprietary rights of Superstorm or its licensors; (iii) frame or mirror any part of the Service except the widget as intended within Customer's own product, or use the Services to provide services that are in essence similar to the Services to third parties; (iv) transmit, display or make available through the Services any content, including Customer Data, in a manner that infringes third-party rights, including intellectual property and privacy rights, or that is unlawful; (v) transmit any malware or other code intended to damage or hijack the operation of any hardware, software or equipment, or any other harmful, disruptive or invasive code; (vi) interfere with or disrupt the Services or the servers or networks that host them, or attempt to use the copilot to reach data, systems or actions beyond those Customer has left on; (vii) use the Services for any illegal conduct, spam, unsolicited messages or similar conduct; (viii) use the Services in breach of any third party's terms that apply to Customer's product or the APIs it connects; (ix) access or use the Services to build a competitive product or service; (x) publish or disclose to any third party any benchmark test or comparative analysis of the Services; (xi) bypass any measure used to prevent, control or restrict access to the Services or any of their functions; or (xii) otherwise violate these Terms. Upon Superstorm's request, you will immediately return and purge from your systems all materials collected, created or used in breach of these Terms.

4.5. Feedback. If Users provide Superstorm with suggestions, comments or other feedback about the Services ("Feedback"), such Feedback is provided "as is" and is and will be deemed the sole and exclusive property of Superstorm. You irrevocably assign to Superstorm all your rights, title and interest in and to all Feedback, and waive any moral rights you may have in it. You represent and warrant that you will not provide Feedback that is subject to third-party rights or limitations, and will promptly inform Superstorm if you become aware of any such right or limitation applying to Feedback you provided.

4.6. Third-Party Components. The Services may use or include third-party software, files and components subject to open source or third-party license terms ("Third-Party Components"). Your right to use Third-Party Components as part of the Services is subject to their license terms, which prevail over these Terms only in connection with those components. Without derogating from Section 9, Superstorm disclaims all liability related to Third-Party Components and makes no warranties or representations about them. Under no circumstances shall the Services or any portion of them (except Third-Party Components) be deemed "open source" or "publicly available" software.

5. Confidentiality

5.1. Either party (the "Disclosing Party") may disclose or make available to the other party (the "Receiving Party") confidential information about its technology, operations and business ("Confidential Information"). The Receiving Party will use reasonable industry measures to protect the confidentiality of Confidential Information and will not disclose it to any third party or use it except as required to provide or use the Services. Confidential Information does not include information that the Receiving Party can show by written evidence (a) was already lawfully known to, or independently developed by, the Receiving Party without use of Confidential Information; (b) was received from a third party without restriction; or (c) is publicly and generally available. The Receiving Party may disclose Confidential Information under a binding court order or similar legal requirement, provided it gives the Disclosing Party prompt notice and cooperates to minimize the disclosure. The Receiving Party shall restrict disclosure to employees and service providers with a reasonable need to know who are bound by written confidentiality obligations no less restrictive than these, and remains liable for their acts and omissions. Upon termination, or upon Customer's written request, Superstorm will return or permanently destroy Customer Data in its possession in accordance with Section 6.7.

6. Privacy Policy; Customer Data

6.1. Privacy Policy. We respect the privacy of our Users and are committed to protecting the personal information you share with us or that we collect in connection with your use of the Services, whether obtained directly from Users or from Customer, in accordance with these Terms and our Privacy Policy. By accessing or using the Services you agree to the Privacy Policy.

6.2. Authorization to Share Customer Data. You represent and warrant that you have the full right, permissions and consents to use and share all data and information you make available to us through the Services, including what your product sends for learning and any personally identifiable information (together, "Customer Data").

6.3. Compliance with Data Protection Laws. Superstorm and Customer shall each comply with all privacy and data protection laws that apply to them in connection with Customer Data, including the European Union's General Data Protection Regulation (EU 2016/679) ("GDPR"), the UK GDPR, the California Consumer Privacy Act as amended by the California Privacy Rights Act ("CCPA/CPRA"), the Virginia Consumer Data Protection Act, the Colorado Privacy Act, and any other applicable laws relating to the processing of personally identifiable information ("PII"), as amended from time to time (collectively, "Data Protection Laws"). To the extent Customer Data includes PII ("Customer Data PII"), including End User data, Superstorm is Customer's data processor (or service provider) and Customer is the data controller (or business), as those terms are defined by Data Protection Laws. Customer agrees that Superstorm may retain Customer Data PII for as long as Customer's account is active or as otherwise needed to provide the Services and as permitted by law. Retention and deletion after termination are governed by Section 6.7.

6.4. Security of Customer Data PII. In addition to its confidentiality obligations, Superstorm will use commercially reasonable efforts to (i) ensure the security and confidentiality of Customer Data PII; (ii) protect against anticipated threats or hazards to its security or integrity; and (iii) detect unauthorized access to or use of it.

6.5. Use of Customer Data. You grant Superstorm a non-exclusive, non-assignable, non-transferable license to use Customer Data made available in the scope of your use of the Services (including to collect, store, process, analyze, display and transfer it, and to create derivatives of it) for the purpose of providing the Services to you and to the Customer your account is associated with. Superstorm will store Customer Data for as long as necessary to provide the Services.

6.6. Anonymous Aggregate Information. You grant Superstorm a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license to use Customer Data that has been anonymized and aggregated so that it cannot identify, or be understood to relate to, you, Customer, any End User or any other person, for internal research and for improving the Services.

6.7. Retention and Deletion of Customer Data.

(a) During the term, Superstorm retains Customer Data for as long as necessary to provide the Services. The requests End Users make to the copilot, and the data it reads or returns to carry them out, are retained as the copilot's conversation history for ninety (90) days after the conversation's last message, and may be removed earlier; removing a copilot deletes its Connection, what Customer's product sent for it, and its conversation history.

(b) Following termination of the Services, howsoever arising, Superstorm will delete Customer Data within thirty (30) days. Customer's access to the Services and to Customer Data ceases on termination, and Superstorm has no obligation to store, restore, export or provide access to Customer Data after that point. Customer is responsible for keeping anything it needs before terminating.

(c) Customer may request deletion of Customer Data at any time by writing to support@superstorm.ai, and Superstorm will comply within thirty (30) days. Deleting data needed to operate the Services may require removing the affected copilots.

(d) Deleted data is removed from Superstorm's live systems within the periods above and may persist in routine backups for up to twelve (12) months, after which it is removed by the backup rotation cycle. Backups are kept solely for disaster recovery, are not accessed or used for any other purpose, and are protected by the same security measures as live data. If a backup is restored, previously deleted data is deleted again promptly.

(e) Superstorm may retain Customer Data where and for as long as the law requires, and may retain records of Customer's account, billing and usage as needed for tax, accounting and audit purposes.

(f) This Section does not apply to anonymized and aggregated data under Section 6.6.

6.8. Processing on Customer's Behalf. To the extent Superstorm processes Customer Data PII as a data processor under Section 6.3, Superstorm will:

(a) process it only to provide the Services and on Customer's documented instructions, which are these Terms and Customer's use and configuration of the Services (including the actions Customer leaves on), including with regard to the transfer and storage of Customer Data PII outside Customer's country as described in the Privacy Policy, and inform Customer if it believes an instruction infringes Data Protection Laws;

(b) ensure that the persons it authorizes to process Customer Data PII are bound by an obligation of confidentiality;

(c) protect Customer Data PII in accordance with Section 6.4;

(d) engage sub-processors only under written terms imposing data protection obligations substantially similar to those in this Section, remain responsible to Customer for their performance, and inform Customer of any intended addition or replacement of a sub-processor, by notice in the Service or by email. Customer may object on reasonable data protection grounds, and if the objection cannot be resolved, Customer's remedy is to stop using the Services;

(e) taking into account the nature of the processing and the information available to it, provide Customer with reasonable assistance in meeting its obligations under Data Protection Laws regarding data subject requests, security of processing, notification of personal data breaches, and data protection impact assessments;

(f) notify Customer without undue delay after becoming aware of a breach of security leading to the accidental or unlawful destruction, loss, alteration, or unauthorized disclosure of or access to Customer Data PII;

(g) delete Customer Data PII in accordance with Section 6.7; and

(h) make available to Customer the information reasonably necessary to demonstrate compliance with this Section, and allow for and contribute to audits where required by Data Protection Laws, subject to reasonable advance notice, confidentiality and frequency, and at Customer's cost.

Customers who need a signed data processing agreement ("DPA") may request one at support@superstorm.ai. Where a DPA is signed, it prevails over these Terms only for the parties' data protection obligations. Section 11 applies to all liability arising under or related to a DPA, unless the DPA expressly states that it replaces a specific provision of Section 11.

7. Availability

7.1. The availability and functionality of the Services depend on various factors, such as communication networks, software, hardware, Customer's own product and API, and Superstorm's service providers. Superstorm will make reasonable efforts to keep the Services available, but does not warrant that they will operate or be available at all times without disruption or interruption, that they will be immune from unauthorized access, or that they will be error-free.

8. User Eligibility

8.1. You must be at least eighteen (18) years of age to use the Services. By using the Services you represent and warrant that (i) you are at least eighteen (18) years of age; (ii) you have not previously been suspended or removed from the Services; and (iii) your use of the Services complies with all applicable laws and regulations.

9. Disclaimer of Warranties

9.1. SUPERSTORM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OR OPERATION OF THE SERVICES (OR ANY PART OF THEM). THE SERVICES, INCLUDING ANY CONTENT, MATERIALS, DATA AND INFORMATION MADE AVAILABLE THROUGH THEM, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUPERSTORM AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS AND AGENTS (COLLECTIVELY, "SUPERSTORM AFFILIATES"), DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, LEGALITY OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY USER'S USE OF THE SERVICES.

9.2. SUPERSTORM DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES OR THE WEBSITE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS. YOUR USE OF THE SERVICES AND THE WEBSITE, INCLUDING RELIANCE ON ANY CONTENT AVAILABLE THROUGH THEM, IS ENTIRELY AT YOUR OWN RISK, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9.3. WITHOUT LIMITING SECTIONS 9.1 AND 9.2, SUPERSTORM MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, SUITABILITY OR TIMELINESS OF ANY OUTPUT OF THE AI FEATURES, INCLUDING THE CONNECTION IT PRODUCES AND THE ACTIONS IT PROPOSES, OR THAT SUCH OUTPUT WILL BE FREE FROM ERROR, BIAS OR OMISSION. CUSTOMER ACKNOWLEDGES THAT THE AI FEATURES ARE PROBABILISTIC AND THAT OUTPUT MAY VARY. ALL USE OF AND RELIANCE ON OUTPUT, AND ALL ACTIONS THE COPILOT TAKES THROUGH CUSTOMER'S API, ARE AT CUSTOMER'S SOLE RISK.

10. Indemnification

10.1. YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS SUPERSTORM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSSES AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN), INCLUDING REASONABLE ATTORNEYS' FEES, RELATED IN ANY WAY TO: (I) YOUR BREACH OF THESE TERMS; (II) YOUR USE OF, RELIANCE ON OR ACCESS TO THE SERVICES, INCLUDING THE ACTIONS YOU LEAVE ON AND THE COPILOT YOU EMBED IN YOUR PRODUCT; OR (III) ANY RIGHTS OF A THIRD PARTY REGARDING YOUR CUSTOMER DATA, INCLUDING PRIVACY OR INTELLECTUAL PROPERTY RIGHTS. WE WILL GIVE YOU WRITTEN NOTICE OF ANY SUCH CLAIM, SUIT OR ACTION, AND WILL ALLOW YOU TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AS LONG AS YOU CONDUCT THAT DEFENSE DILIGENTLY.

10.2. Customer as Controller of End User Data. Customer is the controller (or business) of the personal data of its End Users that the Services process, and Superstorm processes it as Customer's processor (or service provider). Customer is responsible for: (i) providing End Users with privacy notices that cover the copilot and what it does in Customer's product; (ii) obtaining any consent required for the copilot to act for End Users and process their data; (iii) having a lawful basis for the personal data it makes available to Superstorm; and (iv) the lawfulness of its instructions, the actions it leaves on and its configuration. Customer shall indemnify, defend and hold harmless Superstorm from all claims, fines, penalties, losses and costs (including reasonable legal fees) arising from Customer's breach of this Section 10.2 or of its obligations as a controller under applicable privacy and data protection law, or from Superstorm's compliance with Customer's documented instructions.

11. Limitation of Liability

11.1. IN NO EVENT SHALL SUPERSTORM OR ANY SUPERSTORM AFFILIATE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR DATA (INCLUDING THE COST OF RECREATING DATA), ARISING OUT OF OR RELATED TO THE SERVICES, THESE TERMS OR ANY DATA PROCESSING AGREEMENT, INCLUDING DAMAGES ARISING FROM ACTIONS TAKEN BY THE COPILOT, OR FROM THE CONDUCT OF ANY USERS, END USERS OR THIRD PARTIES, EVEN IF SUPERSTORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY DIRECT DAMAGES ARE SUBJECT TO SECTION 11.2.

11.2. SUPERSTORM'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES AND ANY DATA PROCESSING AGREEMENT, FOR ALL CLAIMS COMBINED AND ON ANY THEORY OF LIABILITY, SHALL NOT EXCEED THE GREATER OF (A) THE FEES PAID OR PAYABLE BY CUSTOMER TO SUPERSTORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) USD 1,000. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. NO ACTION MAY BE BROUGHT BY YOU IN CONNECTION WITH THE SERVICES MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUED.

11.3. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 11 APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, BREACH OF STATUTORY DUTY, BREACH OF ANY DATA PROCESSING AGREEMENT OR DATA PROTECTION LAW, OR OTHERWISE. YOU ACKNOWLEDGE THAT THESE LIMITATIONS ARE AGREED ALLOCATIONS OF RISK THAT FORM PART OF THE CONSIDERATION FOR SUPERSTORM'S PROVISION OF THE SERVICES, AND THAT THEY APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF SUPERSTORM OR ANY SUPERSTORM AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES OR DAMAGES.

11.4. THE LIMITATIONS IN THIS SECTION 11 APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WHERE APPLICABLE LAW, INCLUDING PRIVACY AND DATA PROTECTION LAW, DOES NOT ALLOW A LIMITATION, SUPERSTORM'S LIABILITY IS LIMITED TO THE GREATEST EXTENT THAT LAW PERMITS. CUSTOMER ACKNOWLEDGES THAT THE FEES REFLECT THE ALLOCATION OF RISK IN THIS SECTION 11, WHICH IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

12. Amendments to these Terms

12.1. Superstorm may change these Terms from time to time.

(a) Material changes. Where a change materially affects Customer's rights or obligations, Superstorm will give Customer at least seven (7) days' notice before it takes effect, by notice within the Service or by email to an address associated with Customer's Superstorm Account. The notice will say that these Terms have changed and where the updated version can be read.

(b) Right to terminate. If Customer does not accept a material change, Customer may terminate its Plan before the change takes effect in accordance with Section 3.4, and the change will not apply to Customer during any remaining paid period. Continued use of the Services after a material change takes effect constitutes acceptance of it.

(c) Other changes. All other changes take effect when the updated Terms are published, as shown by the "Last updated" date at the top of these Terms. Continued use of the Services after that date constitutes acceptance.

(d) Corrections. Correcting a typographical error, a broken link, or a statement that was inaccurate when written does not by itself constitute a material change.

13. General

13.1. Relationship of the Parties. These Terms do not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between the parties.

13.2. Governing Law and Jurisdiction. Any claim relating to the use of the Services will be governed by and interpreted in accordance with the laws of the State of Delaware, United States, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the Services will be brought in, and you consent to the exclusive jurisdiction and venue of, the state and federal courts located in the State of Delaware.

13.3. Assignment. You may not assign, sublicense or otherwise transfer any of your rights or obligations under these Terms without Superstorm's prior express written consent. We may assign our rights and obligations under these Terms, and transfer ownership rights in the Services, to a third party without your consent or prior notice.

13.4. Severability. If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

13.5. No Waiver. No waiver by either party of any breach or default will be deemed a waiver of any preceding or subsequent breach or default.

13.6. Electronic Records. A printed version of these Terms and of any notice given in electronic form is admissible in judicial or administrative proceedings based on or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and kept in printed form.

14. Contact Us

These Terms are entered into with Superstorm, a company organized in the State of Delaware, United States. For more information about these Terms, contact us at support@superstorm.ai.