Terms of Service

By accessing or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, you may not use the Service. We may require you to accept updated Terms in order to continue using the Service.

• You must be at least 16 years old and able to form a binding contract;
• You agree to provide accurate registration information and keep it current;
• You are responsible for safeguarding your credentials and API keys, and for all activity under your account; and
• You must notify us promptly of any unauthorized use or suspected security breach.

Aether provides memory infrastructure for AI agents, including vector search, document storage, and embeddings. Subject to these Terms and your chosen plan, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service.

Beta services

The Service is currently offered as a betaand is provided on an “as is” and “as available” basis. Features may change, be unstable, or be discontinued, and the Service may contain errors. Beta usage limits, performance, and availability are not guaranteed and should not be relied upon for production-critical workloads without independent safeguards and backups.

You agree not to, and not to permit anyone else to:

• Use the Service in violation of any applicable law or regulation;
• Upload or process content you do not have the right to use, or that infringes intellectual-property or privacy rights;
• Store or transmit unlawful, harmful, or malicious content, including malware;
• Attempt to gain unauthorized access to the Service, other accounts, or our systems;
• Probe, scan, or test the vulnerability of the Service except under an authorized program;
• Interfere with or disrupt the integrity or performance of the Service, including circumventing usage or rate limits;
• Reverse engineer, decompile, or attempt to extract source code except to the extent permitted by law; or
• Resell the Service, or use it to build a competing product or to benchmark for a competitor, without our prior written consent.

We may suspend access to investigate suspected violations and remove content that violates these Terms or the law.

As between you and Aether, you retain all right, title, and interest in your Customer Data. You grant us a worldwide, non-exclusive license to host, store, process, transmit, and display Customer Data solely as necessary to provide and maintain the Service and as you direct.

• You are responsible for your Customer Data and for having the necessary rights, consents, and lawful basis to upload and process it;
• You are responsible for maintaining your own backups; documents are encrypted client-side with AES-256 before they reach our storage;
• We will not access Customer Data except as needed to provide, secure, or support the Service, to comply with law, or as you instruct; and
• We do not use Customer Data to train machine-learning models.

• Paid plans are billed in advance on a recurring basis (monthly or annually) through our payment processor, Stripe;
• Fees are stated exclusive of taxes, which you are responsible for;
• By providing a payment method, you authorize us to charge the applicable fees to it;
• Except where required by law or expressly stated, fees are non-refundable;
• If a payment fails, we may suspend or downgrade your access until outstanding amounts are paid; and
• We may change pricing on notice; changes take effect at the start of your next billing cycle.

A free tier may be offered with limited capacity. It is subject to these Terms and may change at any time.

The Service — including its software, design, text, and trademarks — is owned by Aether and its licensors and is protected by intellectual-property laws. Except for the limited rights expressly granted, we reserve all rights. You may not use our trademarks without prior written permission.

Feedback

If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or any obligation to you.

The Service may interoperate with third-party products and services (for example, payment, email, or cloud providers). We are not responsible for third-party services, and your use of them is governed by their own terms.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that data will not be lost — particularly during the beta period.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AETHER AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

You agree to defend, indemnify, and hold harmless Aether and its affiliates from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your Customer Data, your use of the Service, or your violation of these Terms or applicable law.

These Terms remain in effect while you use the Service. You may stop using the Service and close your account at any time. We may suspend or terminate your access if you breach these Terms, fail to pay fees, or use the Service in a way that risks harm to us, other users, or third parties.

Upon termination, your right to use the Service ceases. We will make Customer Data available for export for a limited period after termination, after which it may be permanently deleted. Provisions that by their nature should survive termination — including ownership, disclaimers, limitation of liability, and indemnification — will survive.

We may modify or discontinue the Service, in whole or in part, at any time. We may also update these Terms; when changes are material, we will revise the “Last updated” date above and provide reasonable notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

These Terms are governed by the laws of the State of Colorado, United States, without regard to its conflict-of-laws rules. You and Aether agree to the exclusive jurisdiction of the state and federal courts located in Colorado for any dispute not otherwise subject to arbitration, and you consent to personal jurisdiction there. Nothing in this section prevents either party from seeking injunctive relief to protect its intellectual property or confidential information.

• These Terms, together with the Privacy Policy and any order or plan terms, are the entire agreement between you and Aether regarding the Service;
• If any provision is held unenforceable, the remaining provisions remain in effect;
• Our failure to enforce a provision is not a waiver of it;
• You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets;
• Neither party is liable for delays or failures caused by events beyond its reasonable control; and
• Notices to you may be provided by email or through the Service.

Questions about these Terms? Contact us:

• Quintessence Group, Inc. (the entity behind Aether), Colorado, United States; and
• Email: support@aetherdb.ai.