Airloom AI Inc.

This Terms of Service (“Agreement”) is a legally binding contract between you and Airloom AI Inc.

(“Airloom,” “us,” “we,” or “our”) regarding your use of the Service (as defined in Section 1). References

to “Customer”, “you”, and “your” refer to the individual, company, or other entity that accepts the

Agreement, by executing an ordering document provided to you by us, placing an Order using online

functionality Airloom makes available like clicking a box, creating an Account (as defined in Section 3.2),

or otherwise affirmatively accepting the Agreement through another means Airloom offers you. If the

Service is being used on behalf of a company or other entity by an individual authorized to accept this

Agreement on its behalf, then all references to “Customer,” “you,” or “your” refer to the company or

other entity. If you are a company or other entity, the individual accepting this Agreement on your behalf

represents and warrants that they have authority to bind you to this Agreement. If you are accepting this

Agreement on behalf of a company or other entity and an authorized representative of the entity has

already accepted this Agreement on behalf of the entity or entered into a separate agreement regarding

the use of the Service (“Separate Agreement”) prior to the date upon which you accept this Agreement

(“Effective Date”), this Agreement will not apply to you and your and the entity’s rights and obligations

with respect to the Service will at all times be governed by, and subject to, the Separate Agreement. If

you are not eligible, or do not agree to the terms and conditions of the Agreement, then you do not have

our permission to use the Service. Your use of and our provision of the Service to you, constitutes an

Agreement by Airloom and by you to be bound by this Agreement.

1. Defined Terms. Certain capitalized terms used in this Agreement are defined in Section 14

(Definitions) and others are defined contextually in this Agreement.

2. Overview. Airloom uses video recordings provided by Customer (“Recordings”) and provides

AI-powered analytics services for Customer’s use, as further described in an Order (the “Services”).

3. The Service.

3.1. Permitted Use. Subject to the terms and conditions of this Agreement and each Order, Airloom

will make the Service available to Customer and, if Customer is a company or entity, to Customer’s

Users during the Subscription Term. Customer may only use the Service internally.

3.2. Access. To access the Service, Customer and its Users must register for an account (“Account”)

and, in doing so, may be required to provide Airloom with information (such as name, email address,

or other contact information). Customer agrees that the information it provides to Airloom is

accurate, complete, and not misleading and that it will keep it accurate and up to date at all times.

Only Users, using the mechanisms designated by Airloom (“Log-in Credentials”), may access and use

the Service. Each User must keep its Log-in Credentials confidential and not share them with anyone

else. Customer is responsible for its Users’ compliance with this Agreement and all actions taken

through their Log-in Credentials (excluding misuse of the Log-in Credentials caused by Airloom’s

breach of this Agreement). Customer will promptly notify Airloom if it becomes aware of any

compromise of any Log-in Credentials. Airloom may Process Log-in Credentials in connection with

Airloom’s provision of the Service or for Airloom’s internal business purposes. Customer represents

and warrants to Airloom that: (a) it has not previously been suspended or removed from the Service;

and (b) its registration and use of the Service is in compliance with all Laws.

3.3. Restrictions. Customer will not (and will not permit its Users or anyone else to) do any of the

following: (a) provide access to, distribute, sell, or sublicense the Service to a third party (other than

Users); (b) use the Service on behalf of, or to provide any product or service to, third parties; (c) use

the Service to develop a similar or competing product or service; (d) reverse engineer, decompile,

disassemble, or seek to access the source code or non-public APIs to the Service, except to the extent

expressly permitted by Law (and then only with prior notice to Airloom); (e) modify or create

derivative works of the Service or copy any element of the Service; (f) remove or obscure any

proprietary notices in the Service; (g) publish benchmarks or performance information about the

Service; (h) interfere with the operation of the Service, circumvent any access restrictions, or conduct

any security or vulnerability test of the Service; (i) transmit any viruses or other harmful materials to

the Service; (j) take any action that risks harm to others or to the security, availability, or integrity of

the Service; (k) access or use the Service in a manner that violates any Law; (l) exceed or attempt to

exceed or circumvent any usage limitations set forth in an Order; or (m) use the Service with

Prohibited Data or for High Risk Activities. Customer acknowledges that the Service is not intended to

meet any legal obligations for these uses, including HIPAA requirements, and that Airloom is not a

Business Associate as defined under HIPAA. Notwithstanding anything else in this Agreement, Airloom

has no liability for Prohibited Data or use of the Service for High Risk Activities.

3.4. Support. Airloom will use commercially reasonable efforts to provide Customer with

reasonable support for the Service.

3.5. Use of Customer Data. Customer grants Airloom the non-exclusive, worldwide, sublicensable

right to use, copy, store, disclose, transmit, transfer, publicly display, modify, and create derivative

works from Customer Data to: (a) provide the Services; (b) develop and improve products and

services, including to train AI models; (c) to create and compile Usage Data and Aggregated Data; and

(d) as otherwise permitted or required by applicable law or as agreed to in writing between the

Parties. Customer acknowledges that use of the Customer Data to provide the Services may result in

improvements to the Services or third-party services. Customer is responsible for its Customer Data,

including its content and accuracy. Customer represents and warrants that it has made all disclosures,

provided all notices, and has obtained all rights, consents, and permissions necessary for Airloom to

collect, access, use, disclose, transfer, transmit, store, host, or otherwise process (collectively,

“Process”) Customer Data as set forth in this Agreement without violating or infringing applicable

Laws, third-party rights, or terms or policies that apply to the Customer Data. Without limiting the

foregoing, Customer represents and warrants that all Recordings were collected in compliance with all

applicable Laws, including U.S. federal and state Laws related to video surveillance, employee

monitoring and labor rights, invasions of privacy, and the recording of conversations. “Customer Data”

means any data or information that: (a) Customer or any of its Users submits to the Service (including

via a third-party platform or service) or otherwise provides to Airloom in connection with the

Services; and (b) is Processed by Airloom to provide the Services to Customer, including but not

limited to all Recordings provided by or on behalf of Customer.

3.6. Privacy Policy. All Personal Data uploaded, transmitted, submitted, provided, or otherwise

processed in connection with Customer’s use of the Service will be processed as disclosed in Airloom’s

Privacy Policy.

3.7. Usage Data; Aggregated Data. Airloom may Process Usage Data and Aggregated Data to: (a)

track use of Service for billing purposes; (b) provide support for the Service; (c) monitor the

performance and stability of the Service; (d) prevent or address technical issues with the Service; (e)

to improve the Service, its other products and services or third party products and services, and to

develop new products and services; and (f) for all other lawful business practices, such as analytics,

benchmarking, and reports. Customer will not interfere with the collection of Usage Data.

3.8. Suspension. Airloom may immediately suspend Customer’s and its Users’ access to the Service

if: (a) Customer breaches Section 3.3 (Restrictions) or Section 3.5 (Use of Customer Data); (b)

Customer’s Account is 30 days or more overdue; (c) changes to Laws or new Laws require that Airloom

suspend the Service or otherwise may impose additional liability on us; or (d) Customer or its Users

actions risk harm to any of Airloom’s other customers or the security, availability, or integrity of the

Service. Where practicable, Airloom will use reasonable efforts to provide Customer with prior notice

of the suspension. If the issue that led to the suspension is resolved, Airloom will use reasonable

efforts to restore your access to the Service.

3.9. Modifications to the Service. Airloom may modify or discontinue all or any part of the Service

at any time (including by limiting or discontinuing certain features or functionality of the Service),

temporarily or permanently, without notifying Customer (except that Airloom will use commercially

reasonable efforts provide Customer with 30 days’ prior notice in the event of any deprecation of any

material feature or functionality of the Service). Airloom will have no liability for any change or

modification to the Service or any suspension or termination of access to or use of the Service as a

result thereof. Notwithstanding the foregoing, any such change or modification will only apply on a

going-forward basis with respect to any Order entered into or renewed after Airloom’s

implementation thereof.

3.10. Customer Systems. Customer will provide and maintain any hardware, software, other

technology, and infrastructure that Customer require to access and use the Service in accordance with

the current version of Airloom’s usage guidelines and standard technical documentation for the

Service that Airloom makes generally available to Airloom’s customers (the “Documentation”).

3.11. Third-Party Products. Use of Third-Party Products are subject to Customer’s agreements with

the relevant provider and not this Agreement. Airloom does not control and have no liability for

Third-Party Products, including their security, functionality, operation, availability, or interoperability

with the Service or how the Third-Party Products or their providers use Customer Data. By enabling a

Third-Party Product to interact with the Service, Customer authorizes Airloom to access and exchange

Customer Data with such Third-Party Product on Customer’s behalf.

4. Commercial Terms.

4.1. Subscription Term Renewal. Each Subscription Term will automatically renew for successive

terms equal in length to the Subscription Term unless either party gives the other party notice of

non-renewal at least 30 days before the current Subscription Term ends.

4.2. Fees. Fees for the Service are described in the Order. All fees for the Service (“Fees”) will be

paid in US dollars unless otherwise provided in an Order. Fees are invoiced or charged as described in

the Order. Unless the Order provides otherwise, all Fees are due within 30 days of the invoice date.

Your Account will be charged a service charge of 1.5% per month or the maximum amount allowed by

Law, whichever is less and Customer will also be responsible for Fees or charges that are incidental to

any chargeback or collection of any the unpaid amount including any collection Fees. All Fees and

other expenses are non-refundable. Customer is responsible for any sales, use, GST, value-added,

withholding, or similar taxes or levies that apply to Orders, whether domestic or foreign, other than

Airloom’s income tax (“Taxes”). Fees are exclusive of all Taxes.

5. Limited Warranty; Disclaimer.

5.1. Limited Warranty. Airloom warrants to Customer that the Service will perform materially as

described in the Documentation during the Subscription Term (“Limited Warranty”).

5.2. Disclaimer. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 5.1, THE SERVICE IS PROVIDED

“AS IS”. AIRLOOM, ON ITS OWN BEHALF AND ON BEHALF OF ITS SUPPLIERS AND LICENSORS, MAKES

NO OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR

NONINFRINGEMENT. WE DO NOT WARRANT THAT CUSTOMER’S USE OF THE SERVICE WILL BE

UNINTERRUPTED OR ERROR-FREE, THAT AIRLOOM WILL REVIEW CUSTOMER DATA FOR ACCURACY, OR

THAT IT WILL MAINTAIN CUSTOMER DATA WITHOUT LOSS. AIRLOOM IS NOT LIABLE FOR DELAYS,

FAILURES, OR PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS

OR OTHER SYSTEMS OUTSIDE AIRLOOM’S CONTROL. CUSTOMER MAY HAVE OTHER STATUTORY

RIGHTS, BUT ANY STATUTORILY REQUIRED WARRANTIES WILL BE PERFORMANCE TO THE SHORTEST

LEGALLY PERMITTED PERIOD.

5.3. Use of AI; Assumption of Risk. The Service may allow Customer to submit Customer Data. The

Service may use artificial intelligence to evaluate Customer Data and provide outputs based on this

Customer Data (“Generated Evaluations”). Due to the nature of machine learning, Generated

Evaluations may be inaccurate. Airloom is not liable for any inaccuracies in Generated Evaluations or

any other content generated by the Service. However, Airloom encourages Customer to report any

inaccurate or misleading Generated Evaluations via email to feedback@airloomai.net. Customer relies

on Generated Evaluations at its sole risk. The Service does not provide any medical, health, safety,

legal, financial, tax, accounting, or other professional advice, even if Customer prompts the Service to

provide Generated Evaluations falling within any of the foregoing (or any other regulated industries),

and ALL GENERATED EVALUATIONS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. Prior to any

use of any Generated Evaluations, Customer will make their own determinations as to the safety,

efficacy, accuracy, lawfulness, and appropriateness of any Generated Evaluations for any given use.

Customer is solely responsible for ensuring that its use of the Service and the operation of Customer’s

business, including the use of any Customer Data or Generated Evaluations therein, comply with all

applicable laws and policies. Artificial intelligence tools are novel and experimental, and that therefore

there is significant uncertainty regarding the operation and output. The Service is provided “as is” and

are intended to be used as a tool to assist Customer in its compliance efforts. Airloom may, at its

discretion, remove any Customer Data or Generated Evaluations from the Service for any reason,

including failure to comply with this Agreement.

5.4. Regulatory Uncertainty. Artificial intelligence is subject to many legal and regulatory

uncertainties, and the Service could be adversely impacted by one or more regulatory or legal

inquiries, actions, suits, investigations, claims, fines or judgments, which could impede or limit

Customer’s ability to continue the use and enjoyment of these technologies. Airloom may

immediately suspend or terminate Customer’s access to or use of the Service without liability to

Customer if required by any regulatory authority.

5.5. Warranty Remedy. If Airloom breaches a Limited Warranty during the Subscription Term and

Customer makes a reasonably detailed warranty claim in the manner required by Airloom within 30

days of discovering a breach of the Limited Warranty for the Service, then Airloom will use reasonable

efforts to correct the non-conformity. If Airloom cannot do so within 30 days of receipt of Customer’s

warranty claim, either party may terminate the affected Order as it relates to the Service. Airloom will

then refund to Customer any pre-paid, unused Fees for the terminated portion of the applicable

Subscription Term. This Section 5.5 sets forth Customer’s exclusive remedy and Airloom’s entire

liability for breach of the Limited Warranty. This warranty does not apply to: (a) issues caused by

Customer’s or Users’ misuse of or unauthorized modifications to the applicable Service; (b) issues in

or caused by Third-Party Products or other third-party systems; (c) use of the applicable Service other

than according to the Documentation; or (d) Trials and Betas or other free or evaluation use.

6. Term and Termination.

6.1. Term. This Agreement starts on the Effective Date and continues until expiration or

termination of all Subscription Terms.

6.2. Termination. Either party may terminate this Agreement (including any or all Orders) if the

other party: (a) fails to cure a material breach of this Agreement (including a failure to pay Fees)

within 30 days after notice; (b) ceases operation without a successor; or (c) seeks protection under a

bankruptcy, receivership, trust deed, creditors’ arrangement, composition, or comparable proceeding,

or if such a proceeding is instituted against that party and not dismissed within 60 days.

6.3. Effect of Termination. Upon expiration or termination of an Order, Customer’s access to and

Airloom’s obligations to provide the Service will cease. During a Subscription Term and for the 30 day

period immediately following the date of expiration or earlier termination of the applicable

Subscription Term, Customer may export data or information that Customer (including its Users)

submits to the Service, including from Third-Party Products from the Service, using the export features

described in the applicable Documentation. After that 30 day period, Airloom will be under no

obligation to store or retain the applicable Customer Data and may delete the applicable Customer

Data at any time in its sole discretion. Customer Data and other Confidential Information, as defined

in Section 10, may be retained in Recipient’s standard backups notwithstanding any obligation to

delete the applicable Confidential Information but will remain subject to this Agreement’s

confidentiality restrictions.

6.4. Survival. These Sections survive expiration or termination of this Agreement: 3.3 (Restrictions),

3.5 (Use of Customer Data), 3.7 (Usage Data; Aggregated Data), 4.2 (Fees), 5.2 (Disclaimer), 6.3 (Effect

of Termination), 6.4 (Survival), 7 (Ownership), 8 (Limitations of Liability), 9 (Indemnification), 10

(Confidentiality), 13.1 (General Provisions), 13.2 (Governing Law), 13.3 (Additional Terms), and 14

(Definitions). Except where an exclusive remedy is provided in this Agreement, exercising a remedy

under this Agreement, including termination, does not limit other remedies a party may have.

7. Ownership. Neither party grants the other any rights or licenses not expressly set out in this

Agreement. Except as expressly provided in this Agreement, as between the parties, Customer retains all

intellectual property rights and other rights in Customer Data. Except for Customer’s use rights in this

Agreement, Airloom and its licensors retain all intellectual property rights and other rights in the Service,

Documentation, Usage Data, and Airloom’s technology, templates, formats, and dashboards, including

any modifications or improvements to these items made by us. If Customer provides Airloom with

feedback or suggestions regarding the Service or its other offerings, Airloom may use the feedback or

suggestions without restriction or obligation.

8. Limitations of Liability. Except for breaches of Sections 3.1 (Permitted Use), 3.3 (Restrictions), 3.5

(Use of Customer Data), and 10 (Confidentiality), neither Airloom’s, Customer’s or their respective

suppliers or licensors will have liability arising out of or related to this Agreement for any loss of use, lost

data, lost profits, failure of security mechanisms, interruption of business, or any indirect, special,

incidental, reliance, or consequential damages of any kind, even if informed of their possibility in

advance. Except for breaches of Sections 3.1 (Permitted Use), 3.3 (Restrictions), 3.5 (Use of Customer

Data), and 10 (Confidentiality) and liability arising out of Section 9 (Indemnification), neither Airloom’s,

Customer’s or their respective suppliers or licensors liability arising out of or related to this Agreement

will exceed in aggregate the amounts paid or payable by Customer to Airloom pursuant to this

Agreement during the 12 months prior to the date on which the applicable claim giving rise to the

liability arose under this Agreement. The waivers and limitations in this Section 8 apply regardless of the

form of action, whether in contract, tort (including negligence), strict liability or otherwise and will

survive and apply even if any limited remedy in this Agreement fails of its essential purpose.

9. Indemnification. Customer will defend Airloom from and against any third-party claim to the

extent resulting from Customer Data or Customer’s breach or alleged breach of Section 3.5 (Use of

Customer Data), and will indemnify and hold Airloom harmless against any damages and costs awarded

against Airloom (including reasonable attorneys’ fees) or agreed in a settlement by Customer resulting

from the claim.

10. Confidentiality.

10.1. Definition. “Confidential Information” means information disclosed to the receiving party

(“Recipient”) under this Agreement that is marked by the disclosing party (“Discloser”) as proprietary

or confidential or, if disclosed orally, is designated as proprietary or confidential at the time of

disclosure. Our Confidential Information includes the terms and conditions of this Agreement and any

technical or performance information about the Service.

10.2. Obligations. As Recipient, each party will: (a) hold Confidential Information in confidence and

not disclose it to third parties except as permitted in this Agreement, including Section 3.5 (Use of

Customer Data); and (b) only use Confidential Information to fulfill its obligations and exercise its

rights in this Agreement. At Discloser’s request, Recipient will delete all Confidential Information,

except, in the case where Airloom is the Recipient, Airloom may retain the Customer’s Confidential

Information to the extent required to continue to provide the Services. Recipient may disclose

Confidential Information to its employees, agents, contractors, and other representatives having a

legitimate need to know, provided it remains responsible for their compliance with this Section 10 and

they are bound to confidentiality obligations no less protective than this Section 10.

10.3. Exclusions. These confidentiality obligations do not apply to information that Recipient can

document: (a) is or becomes public knowledge through no fault of the receiving party; (b) it rightfully

knew or possessed prior to receipt under this Agreement; (c) it rightfully received from a third party

without breach of confidentiality obligations; or (d) it independently developed without using

Confidential Information.

10.4. Remedies. Unauthorized use or disclosure of Confidential Information may cause substantial

harm for which damages alone are an insufficient remedy. Each party may seek appropriate equitable

relief, in addition to other available remedies, for breach or threatened breach of this Section 10.

10.5. Required Disclosures. Nothing in this Agreement prohibits either party from making

disclosures, including of Customer Data and other Confidential Information, if required by Law,

subpoena, or court order, provided (if permitted by Law) it notifies the other party in advance and

cooperates in any effort to obtain confidential treatment.

11. Trials and Betas. If Customer or its Users receive access to or use of Services or features thereof

on a free or trial basis or as an alpha, beta, or early access offering (“Trials and Betas”), such access to or

use is permitted only for Customer’s internal evaluation and testing purposes during the period

designated by Airloom (not to exceed thirty 30 days unless otherwise agreed upon by the parties in

writing). These Trials and Betas will be considered part of the Service and, subject to the remainder of

this Section 11, all provisions of this Agreement relating to the Service will apply to these Trials and

Betas. Trials and Betas are optional and either party may terminate Trials and Betas at any time for any

reason. Trials and Betas may be inoperable, incomplete, or include features that Airloom may never

release, and their features and performance information are deemed to be Airloom’s Confidential

Information. Airloom may suspend Customer’s and its Users’ access to the Trials and Betas at any time.

Customer’s and its Users’ use of Trials and Betas is at their own risk. NOTWITHSTANDING ANYTHING TO

THE CONTRARY IN THIS AGREEMENT, AIRLOOM PROVIDES NO WARRANTY, INDEMNITY, OR SUPPORT

FOR TRIALS AND BETAS, AND OUR LIABILITY FOR TRIALS AND BETAS WILL NOT EXCEED US $50.00.

12. Modifications. Airloom may modify this Agreement from time to time with notice to Customer.

Modifications take effect at Customer’s next Subscription Term or Order unless Airloom indicates an

earlier effective date. If Airloom requires modifications with an earlier effective date and Customer

objects, Customer’s exclusive remedy is to terminate this Agreement with notice to Airloom, in which

case Airloom will provide Customer a refund of any pre-paid Fees for the terminated portion of the

current Subscription Term. To exercise this termination right, Customer must notify Airloom of its

objections within 30 days after Airloom’s notice of the modified Agreement. Once the modified

Agreement takes effect Customer’s continued use of the Service constitutes its acceptance of the

modifications. Airloom may require Customer to click to accept the modified Agreement.

13. Miscellaneous.

13.1. General Provisions. This Agreement, including the Privacy Policy and any other agreements

expressly incorporated by reference into this Agreement, are the entire and exclusive understanding

and agreement between Customer and Airloom regarding your use of the Service. Customer may not

assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by

operation of law or otherwise, without Airloom’s prior written consent. Airloom may assign this

Agreement and all rights granted under this Agreement, including with respect to your Customer

Data, at any time without notice or consent. The failure to require performance of any provision will

not affect Airloom’s right to require performance at any other time after that, nor will a waiver by

Airloom of any breach or default of this Agreement, or any provision of this Agreement, be a waiver of

any subsequent breach or default or a waiver of the provision itself. Use of Section headers in this

Agreement is for convenience only and will not have any impact on the interpretation of any

provision. Neither party is liable for any delay or failure to perform any obligation under this

Agreement (except for a failure to pay Fees) due to events beyond its reasonable control, such as a

strike, pandemic, epidemic, health emergency, blockade, war, pandemic, act of terrorism, riot,

Internet or utility failures, refusal of government license, or natural disaster. Throughout this

Agreement the use of the word “including” means “including but not limited to.” If any part of this

Agreement is held to be invalid or unenforceable, then the unenforceable part will be given effect to

the greatest extent possible, and the remaining parts will remain in full force and effect.

13.2. Governing Law. This Agreement is governed by the laws of the State of Washington and the

United States without regard to conflicts of laws provisions that would result in the application of the

laws of another jurisdiction and without regard to the United Nations Convention on the International

Sale of Goods. The jurisdiction and venue for actions related to this Agreement will be the state and

United States federal courts located in King County, Washington and both parties submit to the

personal jurisdiction of those courts.

13.3. Additional Terms. Customer’s use of the Service is subject to all additional terms, policies,

rules, or guidelines applicable to the Service or certain features of the Service that Airloom may post

on or link to from the Service (“Additional Terms”). All Additional Terms are incorporated by this

reference into, and made a part of, this Agreement.

13.4. Consent to Electronic Communications. By using the Service, Customer consents to receiving

certain electronic communications from Airloom as further described in Airloom’s Privacy Policy.

Please read Airloom’s Privacy Policy to learn more about Airloom electronic communications

practices. Customer agrees that any notices, agreements, disclosures, or other communications that

Airloom sends to Customer electronically will satisfy any legal communication requirements, including

that those communications be in writing.

13.5. Notice to California Residents. If Customer are a California resident, then under California Civil

Code Section 1789.3, Customer may contact the Complaint Assistance Unit of the Division of

Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market

Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to

resolve a complaint regarding the Service or to receive further information regarding use of the

Service.

14. Definitions.

“Aggregated Data” means Customer Data that has been deidentified or aggregated with other data such

that the resulting data no longer reasonably identifies Customer or a specific individual.

“Customer Personal Data” means Personal Data provided by Customer to, or which is collected on

behalf of Customer by, Airloom to provide the Services.

“Customer Systems” means Customer’s hardware, software, other technology, and infrastructure that

are used to access the Services.

“High Risk Activities” means activities where use or failure of the Service could lead to death, personal

injury, or environmental damage, including life support systems, emergency services, nuclear facilities,

autonomous vehicles, or air traffic control.

“Laws” means all applicable relevant local, state, federal and international laws, regulations and

conventions, including those related to data privacy and data transfer, international communications,

and export of data, including Customer Personal Data.

“Order” means an order that is executed by the parties or a process Customer complete through the

online order flow Airloom provide each of which references this Agreement.

“Personal Data” means information that identifies, relates to, describes, is reasonably capable of being

associated with, or could reasonably be linked, directly or indirectly, with an identified or identifiable

natural person. Where applicable, Personal Data shall be interpreted consistent with the same or similar

term under applicable Laws.

“Privacy Policy” means the Privacy Policy at https://airloomai.net/privacy-policy.

“Prohibited Data” means any: (a) special categories of data enumerated in European Union Regulation

2016/679, Article 9(1) or any successor legislation; (b) patient, medical, or other protected health

information regulated by the Health Insurance Portability and Accountability Act (as amended and

supplemented) (“HIPAA”); (c) credit, debit, or other payment card data subject to the Payment Card

Industry Data Security Standards; (d) other information subject to regulation or protection under specific

Laws such as the Children’s Online Privacy Protection Act or Gramm-Leach-Bliley Act (or related rules or

regulations); (e) social security numbers, driver’s license numbers, or other government ID numbers; or

(f) any data similar to the above protected Laws.

“Subscription Term” means the period during which Customer’s subscription to access and use the

Service is in effect, as identified in the applicable Order.

“Third-Party Product” means any third-party platform, add-on, service, or product not provided by

Airloom that Customer elects to integrate or enable for use with the Service, including any

video-recording equipment used to capture Recordings.

“Usage Data” means information generated from the use of the Service, which data does not identify

Users, any other natural human persons, or Customer, such as technical logs, data, and learnings about

Customer’s use of the Service, but excluding any identifiable Customer Data.

“User” means any employee or contractor of Customer that Customer allows to use the Service on

Customer’s behalf.