Aplum AI Terms and Conditions — Research Mode Off

Effective date: July 25, 2026 Version: 2026-07-25-v4-research-off Research configuration: Research Mode Off

These Terms and Conditions (the “Terms”) are a binding agreement solely between Aplum AI LLC, a Mississippi limited liability company (“Aplum AI,” “we,” “us,” or “our”), and the customer identified in the account (“Customer,” “you,” or “your”). Customer is either: (a) a United States business or organization, including a sole proprietor acting in a business capacity (“Business Customer”); or (b) an adult United States resident purchasing and using the Service personally and not on behalf of a business or organization (“Individual Customer”). When a Business Customer is a separate legal entity, the individual accepting these Terms is its authorized representative (“Authorized User”), not a party in an individual capacity.

By clicking to accept, creating an account after being presented with these Terms, purchasing a subscription, or using the Service, the accepting individual electronically signs these Terms personally as an Individual Customer or for the Business Customer represented and, for a Business Customer, represents authority to bind it. No Aplum AI member, manager, officer, employee, contractor, or agent gives a personal guarantee by presenting, supporting, or performing the Service. Do not use the Service if Customer does not agree or, for a Business Customer, the individual accepting lacks authority.

These Terms describe the Research Mode Off configuration presented when you accept them. A later platform switch does not by itself replace the contract you accepted. Any different terms requiring acceptance must be presented to you and accepted through the process described in Section 30. Under the Off configuration, only standard, non-research prices are offered and Aplum AI does not begin new content-based Research Use of Customer Content. Aplum AI's internal research operations console is not a customer feature in either mode.

1. Eligibility and customer type

Every user must be at least 18, legally capable of contracting, located in the United States, and permitted to use the Service under applicable law. A Business Customer must be a United States business or organization, use the Service for business, professional, organizational, product-development, quality-assurance, or research-evaluation work, and act through a person authorized to bind it. An Individual Customer must be a United States resident who purchases and uses the Service for that person's own evaluation, learning, creative, or other personal purposes and not on behalf of a business or organization.

The customer type selected at registration is part of these Terms and the acceptance record. Do not select Individual Customer to avoid business responsibilities while acting for a business. Do not select Business Customer without authority. The Service is not directed to children or to elementary or secondary school students.

An Individual Customer must also separately accept the versioned Individual Customer Use and Risk Notice presented at registration. That notice is incorporated into these Terms and provides conspicuous notice of the personal-use boundary, independent-review duties, prohibited high-impact uses, third-party provider risks, and Sections 23 through 27. These Terms control if the notice conflicts with them.

2. The Service

Aplum AI is an AI product-testing and model-evaluation application for Business Customers and Individual Customers. Depending on your plan, it may let you create test batteries, prompts, personas, scenarios, and narrative tests; run them through third-party AI providers; compare, label, grade, and analyze outputs; identify patterns and failures; use chats and agent-assisted workflows; and produce reports, presentations, spreadsheets, and evaluations.

The “Service” includes Aplum AI’s hosted software, websites, interfaces, documentation, integrations, reports, evaluation features, and related services. It does not include third-party services merely accessed through it.

The Service is not a general-purpose consumer assistant, medical device, clinical system, legal or financial service, employment-screening or credit-reporting service, emergency service, compliance certification, or safety-critical system. Qualified human judgment is required for all decisions based on it.

To the maximum extent permitted by law, providing the Service, documentation, support, or other communications does not create a professional, advisory, fiduciary, special, monitoring, warning, or safety duty beyond Aplum AI's obligations expressly stated in these Terms. Customer must not use the Service as the sole or primary basis for a material decision affecting any person's health, employment, credit, housing, insurance, education, legal rights, eligibility, or access to an essential service.

3. Accounts and Aplum AI administrators

You must provide accurate account, customer-type, and billing information and keep it current. Each customer account is assigned to one individual user, either personally or as the Authorized User for the identified Business Customer. Current customer accounts do not include invitations, shared credentials, customer-managed seats, or a customer administrator role. A plan name such as "Team" describes capacity and features shown in the Service; it does not promise multi-user seat management unless the Service expressly offers it.

You are responsible for your credentials, provider keys, integrations, Customer Content, billing choices, and all activity under the account. Do not share login credentials. Promptly notify us of suspected unauthorized access at founder@aplumlabs.com.

Authorized Aplum AI personnel may access, administer, or temporarily impersonate an account only as reasonably necessary to provide requested support, investigate security or billing issues, administer access, enforce these Terms, or comply with law. These are Aplum AI operator functions, not customer collaboration features. We may rely on instructions from the verified account email or, for a Business Customer, another person who reasonably appears authorized for that business.

Customer's sole contractual recourse is against Aplum AI LLC. Customer will not seek to hold an Aplum AI member, manager, officer, employee, contractor, affiliate, licensor, service provider, or agent personally liable solely because of that person's status, work for Aplum AI, or performance of these Terms. Those persons and entities are intended third-party beneficiaries of this protection and Sections 23 through 28. This does not release a person from that person's own finally adjudicated fraud or intentional misconduct or liability that applicable law does not permit the parties to exclude.

4. Plans, fees, taxes, and renewal

Plan names, standard prices, billing intervals, usage limits, included features, and taxes are disclosed in the Service, at checkout, or in an order form. Research-discounted prices are not available while Research Mode is off. Provider and other third-party charges are separate unless checkout expressly says otherwise.

Unless checkout or an order form states otherwise:

1. subscription fees are charged in advance;
2. subscriptions automatically renew for periods equal to the original billing period;
3. you authorize Aplum AI and its payment processor to charge the payment method on file at each renewal;
4. cancellation takes effect at the end of the current paid period; and
5. unused time, usage, or credits do not roll over and completed charges are not refundable except where required by law, expressly promised in writing, or approved by Aplum AI in its discretion.

Before redirecting to payment, the Service presents the selected plan, displayed amount charged now, monthly billing frequency, automatic-renewal terms, cancellation method, and an unchecked control dedicated to the current subscription Terms and recurring-charge authorization. Aplum AI records the applicable Terms version and hash, customer type, plan, displayed price, monthly cadence, authorization version, method, and time. The Service verifies that the configured Stripe Price is active, in US dollars, monthly, and equal to the displayed price before opening checkout. Stripe then presents the final amount and payment details and provides a retainable confirmation or receipt. Do not complete checkout if the disclosures differ. Those checkout disclosures and the Stripe confirmation are part of these Terms.

You may stop future renewal online through the direct cancellation control in the Aplum account or the self-service Stripe billing portal linked there, or by contacting founder@aplumlabs.com. An authenticated online cancellation does not require a call, chat, or retention offer and is effective for renewal immediately, with paid access ordinarily continuing through the current paid period. Cancellation stops future renewals but does not reverse a completed charge unless required by law, expressly promised, or approved by Aplum AI. We will provide renewal, price-change, or other subscription notices when and as required by applicable law.

We may correct an obvious pricing error and decline, cancel, or refund an affected transaction. Displayed prices may exclude taxes that Aplum AI or its payment processor is required to collect; applicable taxes are added and disclosed at checkout where required. A Business Customer remains responsible for legally applicable use, withholding, or similar taxes not collected by Aplum AI, other than taxes on our net income. Failed payments may result in retries, suspension, downgrade, or termination after any notice required by law.

Customer may not set off or withhold amounts due based on a separate claim. Except where law requires otherwise or Aplum AI expressly agrees in writing, outages, latency, provider failures, unused subscription time, unused capacity, and account suspension or termination under these Terms do not create a refund or credit. A discretionary refund or credit does not establish a continuing obligation or course of dealing. Customer must promptly report a suspected billing error and cooperate in resolving it before initiating a chargeback, without limiting any nonwaivable payment-card right.

5. Trials and promotions

Trials and promotions may be limited by time, usage, features, availability, and eligibility. The account-creation trial currently offered, when enabled, does not require payment information, does not convert to a paid subscription, and does not auto-renew. Its length is shown immediately before registration and is fixed for that account when the account is created. A paid subscription begins only if the verified account owner later selects a plan and separately accepts the recurring-charge disclosure at checkout. If a different trial requires payment information and will convert to a paid subscription, checkout must disclose the conversion date, price, frequency, and cancellation method before enrollment. Unless a written offer states otherwise, we may prospectively modify or end a future trial or promotion without shortening an already-created account's stored trial window.

Capacity-limited availability

Aplum AI may operate a capacity-limited release. When capacity controls are enabled, we may set a maximum number of registered customer accounts and close registration automatically when that number is reached. A closed registration page does not reserve a place, create a waitlist, or affect an existing account or subscription. Deleting an account may make capacity available again. We may enable, disable, or change the cap prospectively to protect service quality, security, cost, and support capacity. Capacity controls are an availability measure; they do not label the Service or every feature as beta.

6. Research Mode Off

“Research Mode” is an Aplum AI-controlled configuration governing whether research-discounted pricing and new Research Use Authorization are available. It is distinct from “Research Use Authorization,” which is the verified account owner's separate, affirmative permission for content-based Research Use. Aplum AI's internal research console remains restricted to authorized Aplum AI personnel.

While Research Mode is off:

• only standard, non-research prices are presented;
• no account can newly enable Research Use Authorization;
• no plan or feature requires Research Use Authorization; and
• Aplum AI will not begin new content-based Research Use of Customer Content.

Changing the platform switch does not itself amend accepted Terms or grant Research Use Authorization. If Research Mode is later enabled, Aplum AI must present the applicable Research Mode On terms and a separate, clear research disclosure, and the verified account owner must affirmatively accept both before new content-based Research Use begins for that account.

7. Operational processing is not Research Use

Even with Research Mode off, Aplum AI may process Customer Content only as reasonably necessary to provide features you request; transmit content to providers you select; authenticate users; store and display results; secure, maintain, and troubleshoot the Service; prevent fraud and abuse; provide requested support; bill accounts; comply with law; and enforce these Terms.

We may generate limited operational telemetry, such as request timing, error, capacity, security, and feature-usage measurements, provided we do not use the substance of Customer Content for content-based research, model training, generalized benchmark development, or unrelated product experimentation. Necessary operational processing is not “Research Use.”

While Research Mode is off, Aplum AI does not use the substance of Customer Content for content-based research, model training, or advertising. This does not change the terms or data practices of a third-party provider you select for a requested model run.

8. Prior research authorizations and transitions

If an account previously authorized Research Use while Research Mode was on, no new content-based Research Use will start after the switch’s recorded effective timestamp. Processing already in progress may finish only where it cannot reasonably be stopped without impairing system integrity; no additional Customer Content will be added, and the resulting material will not be used for a new research purpose. Aplum AI may retain prior authorization records and information reasonably required for security, fraud prevention, legal compliance, dispute resolution, and enforcement.

The switch does not require Aplum AI to reverse completed analyses or delete aggregated or de-identified material created lawfully under a prior authorization, provided that material does not reasonably identify the Customer or reveal identifiable Customer Content. Aplum AI will not add new identifiable Customer Content to that material while Research Mode is off.

An existing research-discounted subscription will not be repriced retroactively. Aplum AI may honor the paid term, then offer migration at renewal to a standard plan, offer another plan choice, or cancel it. Ordinary paid account access continues through the paid term subject to the applicable plan and these Terms. We will disclose any future price, effective date, and cancellation method and obtain your affirmative consent before the first higher recurring charge. If you do not consent, the discounted subscription will end no later than the date that higher charge otherwise would occur. No change creates a retroactive charge for the prior discount.

9. Customer Content and limited license

“Customer Content” means prompts, test cases, personas, configurations, chats, direction feedback, notes, model inputs and outputs, reports, presentations, annotations, messages, and other material submitted to, generated for, or stored through the Service by or for Customer. The Service may persist histories, generated artifacts, usage and cost metadata, and enabled personalization or memory events. The current Service does not offer ordinary customer file uploads or per-prompt attachments. As between the parties, you retain your rights in Customer Content.

Where the battery CSV-import feature is offered, your browser reads the selected CSV locally, normalizes permitted structured rows for review, and sends only the reviewed normalized row values after your confirmation. Aplum AI does not receive or store the original CSV file or its filename through that import flow. Do not treat the feature as a general file-import channel.

You grant Aplum AI a worldwide, nonexclusive, royalty-free license to host, copy, store, transmit, format, display, technically modify, analyze, and otherwise process Customer Content only as reasonably necessary to provide actions you request; operate, secure, maintain, troubleshoot, support, and bill for the Service; prevent misuse; comply with law; and enforce these Terms. This license lasts only as reasonably necessary for those purposes, subject to Sections 8 and 20 and applicable law. It does not authorize content-based Research Use while Research Mode is off.

You represent that you have the rights, authority, notices, permissions, and lawful basis needed for Customer Content and our permitted processing. You remain responsible for determining whether Customer Content is lawful, confidential, properly licensed, and suitable for the Service.

Subject to applicable law and third-party provider terms, Aplum AI does not claim ownership of model outputs or the Customer-specific substance of reports generated for you. Aplum AI retains its rights in the Service, evaluation methods, scoring systems, report structures, templates, and other preexisting or generally applicable materials. You are responsible for determining whether an output or report may be protected, published, relied on, or commercialized.

10. Confidentiality

Each party may receive nonpublic information that a reasonable person would understand to be confidential. The receiving party will use reasonable care to protect it and may use or disclose it only to perform under these Terms, exercise rights under them, comply with law, or protect rights, safety, and security. Disclosures to personnel, contractors, advisers, and service providers must be limited to those with a need to know and confidentiality duties.

Confidential information excludes information lawfully public without breach, already known without restriction, independently developed without its use, or lawfully received without a confidentiality duty. A legally compelled party may disclose information and, where permitted and practical, will provide notice.

11. Sensitive and regulated data

Do not submit medical records; health, medical, wellness, diagnosis, treatment, or health-inference information about an identifiable person; information about minors; payment-card numbers or authentication data; government identifiers; passwords or private keys other than supported provider credentials; biometric identifiers; student education records; nonpublic consumer credit information; classified or specially controlled data; or data for regulated credit, housing, insurance, employment, or similar high-impact decisions. Aplum AI may block restricted submissions; technical acceptance does not make a submission permitted.

Do not use the Service where Aplum AI would need to sign a business associate agreement, data-processing agreement, security addendum, or similar customer-specific agreement unless it has been signed. You are responsible for masking sensitive information and may not submit third-party data without appropriate authority. To report an unsafe submission path or privacy concern, contact founder@aplumlabs.com with a minimal description and do not include restricted data in the report.

12. Third-party providers and charges

The Service may transmit Customer Content and related information to hosting, email, payment, and AI providers as needed for requested functionality. Current supported AI workflows may involve Anthropic, OpenAI, Google, Sakana AI, xAI, or supported Meta-hosted endpoints. A requested workflow may use more than one provider, including a target model and a separate evaluator, grader, report, image, search, innovation, or analyst model. Third-party terms and privacy practices may apply.

Current production customer accounts use account-provided provider keys. Stored keys are encrypted and may be removed through account controls. By supplying a provider key or account, you authorize its use to authenticate requests to that provider and accept the risks of its permissions, configuration, exposure, charges, policies, limits, retention, and any provider use of submitted data, including training where the provider's terms or settings allow it. Unless the interface expressly identifies a platform-funded feature, Aplum AI subscription fees do not include the customer's third-party AI-provider charges. Aplum AI is not Customer's agent, fiduciary, provider-account administrator, or auditor and has no duty to detect an overbroad key, provider charge, provider policy violation, or provider-side retention setting.

We do not control third-party availability, prices, security, data practices, models, or outputs and are not responsible for third-party acts or omissions except to the extent liability cannot lawfully be excluded. A third party's change, suspension, degradation, or discontinuation is not an Aplum AI breach and does not obligate Aplum AI to procure a substitute, reimburse provider charges, or refund Aplum AI fees.

13. AI outputs and evaluations

AI systems are probabilistic. Outputs, grades, reports, benchmarks, classifications, and recommendations may be inaccurate, incomplete, biased, unstable, offensive, duplicative, outdated, nonexclusive, or subject to third-party rights. Aplum AI does not guarantee that an evaluation finds every defect, a grade is objectively correct, an output is original, a model will behave the same in production, or a report proves compliance.

You are responsible for independent review and all decisions, products, deployments, statements, and actions based on the Service. The Service does not provide legal, medical, financial, tax, accounting, employment, security, safety, engineering-certification, or regulatory advice. It is not an audit, attestation, certification, conformity assessment, penetration test, legal validation, or substitute for qualified professional review. No score, report, evaluation, or output proves compliance, safety, fitness, non-infringement, or production readiness. Aplum AI has no duty to monitor Customer's use, discover defects in Customer's products or data, or warn Customer about a decision or deployment.

14. Acceptable use

You may not use the Service to violate law or rights; submit unauthorized content; impersonate or deceive; facilitate fraud, harassment, exploitation, or material harm; create malware or conduct unauthorized intrusion; access systems or data without permission; overload or interfere with the Service; bypass authentication, billing, plan, or usage controls; scrape, decompile, or reverse engineer except where law prohibits restriction; resell access without permission; introduce harmful code; violate provider terms; conduct unlawful surveillance; make unsupported regulated decisions about individuals; or help another person do so.

Lawful testing of model safeguards, biases, failures, and adversarial behavior for legitimate product evaluation, security, research, or quality assurance is permitted.

15. Aplum AI intellectual property

Aplum AI and its licensors own the Service, including its software, interfaces, documentation, workflows, evaluation and grading methods, report structures, templates, databases, research methods, branding, and improvements, excluding Customer Content. Customer retains its rights in the content of customer-created batteries, prompts, reports, and outputs, subject to applicable law and provider terms. A report or other Customer Content may contain Aplum AI’s preexisting templates, methods, formatting, or other platform material; each party retains its rights in its embedded material. Subject to these Terms and payment, we grant you a limited, nonexclusive, nontransferable, nonsublicensable, revocable right to use the Service during your authorized term. No other rights are granted.

16. Feedback

If you voluntarily provide product ideas, suggestions, corrections, or other feedback, you grant Aplum AI a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free right to use it without restriction or compensation. Feedback does not include Customer Content merely because it reveals a product problem, and this section does not authorize public disclosure of your identifiable confidential information.

17. Privacy and service providers

Our published Privacy Policy describes how we process personal information and is incorporated by reference. It does not expand the Customer Content license or authorize Research Use. If you submit another person’s personal information, you are responsible for required notices and permissions.

We may use service providers to operate the Service under applicable agreements and their published terms, with processing limited to their roles. Current principal provider categories and names are described in the Privacy Policy. We do not sell personal information for money, share it for cross-context behavioral advertising, or sell raw prompts, raw model outputs, or identifiable account content as a data product. This does not prevent payment for the Service, ordinary use of service providers, legally required disclosure, or a corporate transaction, provided a recipient remains subject to applicable confidentiality and privacy commitments unless lawfully changed with required notice and consent.

18. Security

We use reasonable administrative, technical, and organizational measures designed for the nature of the Service and information in our control. No online system is perfectly secure. You are responsible for account protections, access controls, provider configurations, secure copies of important data, and deciding what information is suitable to submit. We may reset credentials, disable integrations, or suspend activity when reasonably necessary to address a suspected security issue.

19. Availability, support, and changes

The Service may be interrupted, delayed, or unavailable because of maintenance, defects, demand, provider or infrastructure failures, rate limits, security events, law, or events beyond reasonable control. Unless we sign a service-level agreement, we do not guarantee uptime, response times, restoration, backup frequency, continued integrations, or error correction.

We may prospectively add, modify, replace, limit, or discontinue features, models, providers, integrations, workflows, plans, prices, limits, registration capacity, or technical requirements, including during a subscription term where reasonably necessary for security, law, provider availability, abuse prevention, or service operation. No purchase is made in reliance on a roadmap, preview, demonstration, or the continued availability of a particular model, provider, integration, output format, or capacity level. Material price increases for an existing paid subscription ordinarily apply at a future renewal, with notice appropriate to the change and any consent required before charging. The Service is not a permanent archive; preserve available exports you need.

20. Data export, deletion, and retention

You should download the specific reports, batteries, run summaries, spreadsheets, presentations, or other artifacts offered by the available export controls before access ends. Product exports do not necessarily include every prompt, result, chat, persona, report, personalization event, account field, or legal record. You may request a broader copy of personal information as described in the Privacy Policy. After termination or expiration, we may disable access and delete Customer Content under our retention practices. Copies may remain temporarily in provider systems, backups, logs, security systems, or legal records where immediate deletion is impractical.

Permanent account deletion is available by verified request and may be completed by an authorized Aplum AI administrator only after linked Stripe subscriptions are fully terminated. Deletion removes the active account and associated Customer Content but does not cancel a subscription by itself. Aplum AI retains the limited, content-free subscription and account-timeline reconciliation record described in the Privacy Policy; Stripe retains records under its own legal and operational requirements.

We may retain information only as reasonably necessary to provide the Service; comply with law and financial-record obligations; prevent fraud and abuse; secure the Service; resolve disputes; enforce these Terms; and preserve lawfully created aggregated or de-identified information that, using reasonable technical and organizational measures, is not reasonably linkable to Customer and does not reveal identifiable Customer Content. We will not attempt to re-identify de-identified information except to test de-identification safeguards or as required by law.

21. Suspension and termination

We may suspend, limit, or terminate access if we reasonably believe you violated these Terms; payment is overdue or disputed; an account is compromised; activity or content creates material legal, security, financial, or operational risk; a provider requires action; the Service or plan is discontinued; or law requires it. We may provide an opportunity to cure when practical but are not required to delay urgent protective action.

You may stop using the Service at any time and cancel a paid subscription as described in Section 4. Termination does not excuse accrued fees. Provisions that by nature should survive—including ownership, confidentiality, prior lawful processing, disclaimers, liability limits, indemnification, disputes, and retained records—survive.

22. Copyright and intellectual-property complaints

Send a sufficiently detailed intellectual-property complaint to founder@aplumlabs.com with the subject “Intellectual Property Complaint.” Identify the protected work or right, disputed material and location, your contact details, your good-faith belief of unauthorized use, and your authority to act. We may remove material or terminate repeat infringers where appropriate. This section does not claim that Aplum AI has registered a DMCA agent.

23. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOMER ACCEPTS ALL RISKS OF USING THE SERVICE, OUTPUTS, REPORTS, EVALUATIONS, THIRD-PARTY SERVICES, DOCUMENTATION, AND PREVIEW OR BETA FEATURES. THEY ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” APLUM AI DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES AND CONDITIONS, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, DATA PRESERVATION, RESULTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

APLUM AI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, COMPLETE, ACCURATE, OR SUITABLE FOR CUSTOMER'S PURPOSE. NO ROADMAP, DEMONSTRATION, SUPPORT RESPONSE, MARKETING STATEMENT, OR OTHER COMMUNICATION CREATES A WARRANTY UNLESS EXPRESSLY STATED IN THESE TERMS, THE PRIVACY POLICY, CHECKOUT DISCLOSURES, AN ACCEPTED ORDER FORM OR FEATURE-SPECIFIC TERMS, OR A WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED APLUM AI REPRESENTATIVE. THESE DISCLAIMERS DO NOT EXCUSE APLUM AI FROM THE SPECIFIC OBLIGATIONS EXPRESSLY STATED IN THOSE DOCUMENTS. THESE DISCLAIMERS APPLY REGARDLESS OF THEORY, INCLUDING ORDINARY NEGLIGENCE, STRICT LIABILITY, AND FAILURE OF AN AGREED OR ESSENTIAL REMEDY, BUT NOT TO APLUM AI'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR LIABILITY THAT CANNOT LAWFULLY BE DISCLAIMED.

CUSTOMER ACKNOWLEDGES THAT THESE CONSPICUOUS DISCLAIMERS ARE A MATERIAL AND SPECIFIC ALLOCATION OF RISK AND THAT APLUM AI WOULD NOT OFFER THE SERVICE ON THE SAME TERMS WITHOUT THEM. FOR AN INDIVIDUAL CUSTOMER, THESE DISCLAIMERS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY NONWAIVABLE CONSUMER LAW.

24. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APLUM AI LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND AGENTS (THE “APLUM AI PARTIES”) WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, BUSINESS, GOODWILL, SAVINGS, CONTRACTS, OR OPPORTUNITIES; DATA LOSS, DISCLOSURE, OR CORRUPTION; BUSINESS INTERRUPTION; PROCUREMENT OR COST OF SUBSTITUTE SERVICES; UNEXPECTED PROVIDER CHARGES; THIRD-PARTY FAILURES; OR DECISIONS, PRODUCTS, STATEMENTS, AND DEPLOYMENTS BASED ON THE SERVICE, REGARDLESS OF THEORY AND EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APLUM AI PARTIES' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE, CUSTOMER CONTENT, OR THESE TERMS, ACROSS ALL CLAIMS AND EVENTS, WILL NOT EXCEED THE GREATER OF (A) FEES CUSTOMER ACTUALLY PAID TO APLUM AI FOR THE SERVICE IN THE THREE MONTHS BEFORE THE EVENT FIRST GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS. MULTIPLE CLAIMS, THEORIES, EVENTS, OR PARTIES DO NOT INCREASE THIS CAP.

THE EXCLUSIONS, RELEASES, AND CAP APPLY REGARDLESS OF THE FORM OR THEORY OF ACTION, INCLUDING CONTRACT, WARRANTY, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, STATUTE, INDEMNITY, OR OTHERWISE; EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; AND EVEN IF AN APLUM AI PARTY WAS ADVISED OF THE POSSIBILITY. CUSTOMER'S SOLE CONTRACTUAL RECOURSE IS AGAINST APLUM AI LLC. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOMER RELEASES THE OTHER APLUM AI PARTIES FROM CLAIMS ARISING SOLELY FROM THEIR STATUS OR WORK FOR APLUM AI, INCLUDING CLAIMS BASED ON ORDINARY NEGLIGENCE. THESE LIMITS DO NOT APPLY TO A PERSON'S OWN FINALLY ADJUDICATED GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, OR TO LIABILITY THAT APPLICABLE LAW DOES NOT PERMIT THE PARTIES TO LIMIT OR RELEASE.

25. Indemnification

For a Business Customer, Customer will defend, indemnify, and hold harmless the Aplum AI Parties from third-party claims, demands, investigations, proceedings, damages, judgments, settlements, fines, penalties, losses, liabilities, response costs, and reasonable attorneys' and experts' fees to the extent caused by: Customer Content; Customer's products, services, decisions, statements, deployments, provider accounts, provider charges, or use or misuse of the Service; Customer's breach of these Terms, provider terms, or law; Customer's violation of another person's rights; restricted, regulated, or unauthorized data submitted by or for Customer; Customer's failure to provide required notice, obtain permission, establish a lawful basis, or secure credentials; the Authorized User's lack of authority; or Customer's fraud, willful misconduct, or material misrepresentation.

For an Individual Customer, the same duty is limited to third-party claims to the extent caused by that Customer's unlawful Customer Content, knowing violation of another person's rights, prohibited use of the Service, fraud, or willful misconduct, and applies only to the maximum extent permitted by applicable law. No Customer has an indemnity duty to the extent a claim results from an Aplum AI Party's own finally adjudicated gross negligence, willful misconduct, or fraud.

We will give reasonably prompt notice, but delay relieves Customer only to the extent it materially prejudices the defense. Customer may control the defense with counsel reasonably acceptable to us, and we may participate at our expense. Customer may not settle in a way that admits wrongdoing by, imposes obligations on, restricts, or fails fully to release an Aplum AI Party without our written consent. If Customer does not defend promptly and adequately, we may assume control at Customer's expense. These indemnity obligations are independent of, and are not limited by, Section 24.

26. Governing law and forum

Mississippi law governs these Terms, excluding conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

To the maximum extent permitted by law, a lawsuit arising from these Terms or the Service must be brought exclusively in a state court of competent jurisdiction in Rankin County, Mississippi, or the United States District Court for the Southern District of Mississippi when it has subject-matter jurisdiction. Each party consents to personal jurisdiction and venue and waives objections based on inconvenient forum to that extent. For an Individual Customer, this paragraph does not override a nonwaivable right to bring a claim in the Customer's home jurisdiction or an eligible individual claim in small-claims court. Aplum AI may seek temporary, preliminary, or permanent injunctive or other equitable relief in any court with jurisdiction to protect intellectual property, confidential information, accounts, systems, or Service security, without posting bond to the extent law permits. This does not prevent Customer from seeking equitable relief that applicable law makes nonwaivable.

27. Class-action and jury-trial waivers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY MAY BRING CLAIMS ONLY IN ITS INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES A RIGHT TO A JURY TRIAL IN A CLAIM ARISING OUT OF THESE TERMS OR THE SERVICE. If a waiver is unenforceable for a claim, it is severed only as necessary. These Terms do not require arbitration.

BY ACCEPTING THESE TERMS, CUSTOMER CONFIRMS THAT IT RECEIVED CONSPICUOUS NOTICE OF THESE WAIVERS, HAD AN OPPORTUNITY TO REVIEW THEM AND CONSULT COUNSEL, AND KNOWINGLY AND VOLUNTARILY AGREES TO THEM. FOR AN INDIVIDUAL CUSTOMER, EACH WAIVER APPLIES ONLY TO THE MAXIMUM EXTENT PERMITTED BY NONWAIVABLE CONSUMER LAW.

28. Claim notice and preservation

Customer should notify Aplum AI promptly after discovering a dispute and preserve relevant evidence, account records, provider records, and communications. The parties will reasonably cooperate in an informal attempt to understand and resolve the dispute. This section is not a condition precedent to a claim and does not shorten, extend, toll, waive, or otherwise change any statutory limitations period.

29. Export controls, sanctions, and government use

You may not use, export, re-export, transfer, or provide access to the Service in violation of U.S. export-control or sanctions laws. You represent that you are not a sanctioned person or located, organized, or ordinarily resident in a prohibited jurisdiction except where law authorizes use. Government users receive only the rights granted to other users unless we sign a separate agreement.

30. Changes to these Terms

We may update these Terms prospectively. For material changes, we will provide reasonable notice through the Service, account, website, or email and state the effective date. A change that expands Aplum AI's rights to Customer Content, authorizes Research Use, or materially changes a release, warranty disclaimer, liability limit, indemnity obligation, governing law, forum, class-action waiver, jury-trial waiver, or dispute process requires Customer's affirmative acceptance before it applies to Customer. We record the accepting account, acceptance time, applicable Terms version, and document hash. Other updated Terms apply to new users when posted and to existing users on the stated date to the extent permitted by law. If Customer does not accept a change requiring affirmative acceptance, Aplum AI may discontinue affected features or terminate access or renewal prospectively, subject to applicable law, but the unaccepted change will not govern Customer.

We will not use a Terms update or a Research Mode change to retroactively authorize content-based Research Use. Enabling Research Mode in the future requires the separate process in Section 6.

31. Notices and electronic acceptance

We may send notices through the Service, an account notification, the email on file, an invoice, or another reasonable electronic method. Keep your contact information current. Clicking an acceptance control after being presented with these Terms constitutes the accepting individual's electronic signature for Customer or as Customer, as applicable. Customer consents to transact electronically and may retain, reproduce, and print an electronic copy. Customer is responsible for hardware and software needed to access and retain these Terms.

Legal notices to Aplum AI must be sent to:

Aplum AI LLC
Email: founder@aplumlabs.com

32. Assignment, force majeure, and independent parties

You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with financing, merger, reorganization, change of control, or sale of assets or equity. The parties are independent contractors; these Terms create no partnership, agency, employment, fiduciary, franchise, or joint venture.

Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disaster, severe weather, epidemic, war, terrorism, civil unrest, government action, labor dispute, utility or internet failure, cyberattack, malicious activity, provider outage, supply shortage, or change in law. Aplum AI is not required to obtain a substitute provider or resource. This does not excuse fees already due. Performance periods are extended for the duration of the event and a reasonable recovery period.

33. General

These Terms, the published Privacy Policy, checkout disclosures, and any accepted order form or feature-specific terms are the entire agreement about the Service. If they conflict, priority is: (1) a separately signed agreement; (2) order form; (3) feature-specific terms; (4) checkout disclosures; (5) these Terms; and (6) Privacy Policy, except the Privacy Policy controls for personal-information practices where law requires. Customer purchase-order terms do not apply unless signed by Aplum AI.

If a provision is unenforceable, it will be enforced to the maximum extent permitted by law or, if that is not possible, severed only to the minimum extent necessary, and the remainder continues. Severability does not create liability beyond the maximum allocation permitted by applicable law. A waiver must be express and in writing and does not waive a later breach. A Business Customer acknowledges that it had the opportunity to review these Terms with counsel. Rules of contract interpretation and nonwaivable consumer protections remain applicable. The Aplum AI Parties are intended third-party beneficiaries where these Terms expressly protect them. Headings aid reading and do not affect interpretation.

Sections 3, 4, 7 through 13, 15 through 18, and 20 through 36, and any other provision that by its nature should survive, survive expiration or termination. Without limiting the preceding sentence, payment obligations, licenses needed for permitted retained records, ownership, confidentiality, third-party terms, disclaimers, releases, liability limits, indemnification, dispute provisions, and electronic records survive.

34. Publicity

We will not publicly identify you as a customer or use your marks in marketing without permission. This does not prevent disclosures required by law or confidential disclosures to service providers, advisers, investors, financing sources, or potential acquirers subject to appropriate restrictions.

35. Individual Customer rights and mandatory law

An Individual Customer may have statutory rights that cannot be waived by contract, including rights concerning truthful advertising, subscription disclosures and cancellation, privacy, warranties, remedies, venue, or access to regulators and courts. Nothing in these Terms excludes, restricts, or requires indemnification for a right or liability that applicable law does not permit the parties to exclude, restrict, or shift. If a provision conflicts with mandatory consumer law, that law controls only to the extent of the conflict and the remaining Terms continue.

The no-card account trial does not create a recurring charge. A paid monthly subscription starts only after separate affirmative checkout consent. Customer may cancel future renewal through the authenticated online controls described in Section 4 and may contact founder@aplumlabs.com for billing or cancellation help. Nothing in these Terms prevents an Individual Customer from contacting a federal or state consumer-protection or privacy regulator.

36. Contact

Questions about these Terms, cancellation, or account matters may be sent to:

Aplum AI LLC
Email: founder@aplumlabs.com