Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and AirComply Inc. ("AirComply," "we," "us," or "our"), a Delaware corporation. By accessing or using AirComply's platform, website, or services (collectively, the "Service"), you agree to be bound by these Terms.

If you are using AirComply on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and that organization.

If you do not agree to these Terms, you may not use the Service. These Terms supersede any prior agreements between you and AirComply regarding the Service.

2. Service Description

AirComply provides an AI-powered air permit compliance management platform that includes:

• AI-assisted analysis and extraction of requirements from air permit documents
• Compliance task creation, tracking, and deadline management
• Multi-facility compliance dashboard and reporting
• AI compliance chat assistant trained on your permit documents
• Knowledge base for regulatory documents and guidance
• Compliance document generation tools
• Email notifications and reminders for compliance deadlines

AirComply reserves the right to modify, update, or discontinue any aspect of the Service at any time with reasonable notice to active subscribers.

3. Accounts & Access

3.1 Account Registration

To create an account, you must:

• Receive an invitation or approval from AirComply
• Provide accurate, current, and complete registration information
• Be at least 18 years of age
• Be authorized to enter into this agreement on behalf of your organization

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying AirComply of any unauthorized access at security@aircomply.com
• Ensuring all users within your organization comply with these Terms

AirComply is not liable for any loss or damage arising from unauthorized account access resulting from your failure to maintain credential security.

3.3 Account Types

• Administrator: Full access to all features, user management, and billing
• User: Access to compliance features as configured by Administrator
• Read-Only: View-only access to compliance data and reports

4. AI-Generated Content Critical Disclaimer

4.1 Nature of AI Analysis

AirComply uses artificial intelligence to analyze air permits and extract compliance requirements. You acknowledge and agree that:

• AI analysis is automated and may not capture all permit requirements
• AI may misinterpret complex permit conditions or regulatory language
• AI analysis may not account for regulatory updates, amendments, or agency guidance issued after training
• The accuracy of AI analysis depends on the quality and completeness of documents uploaded
• AI-extracted deadlines and requirements are a starting point for review, not a definitive compliance determination
• Your permit data and documents are never used to train AI models. All AI processing occurs in-context and data is not retained after the session. See our Privacy Policy for full details.

4.2 Human Verification Requirement

ALL AI-extracted compliance requirements, deadlines, and tasks MUST be reviewed, verified, and confirmed by a qualified EHS professional before being relied upon for compliance purposes.

AirComply's compliance tracking features (including the "100% Deadlines Tracked" claim) refer to deadlines that have been reviewed and confirmed by the responsible EHS professional not to the completeness or accuracy of automated AI extraction alone.

4.3 Your Responsibilities

You are solely responsible for:

• Reviewing and verifying all AI-generated content for accuracy and completeness
• Ensuring all applicable permit conditions have been captured and tracked
• Making all final decisions regarding regulatory compliance
• Consulting with qualified environmental attorneys or consultants when necessary
• All regulatory violations, fines, penalties, or enforcement actions arising from your compliance activities
• Maintaining all required records and submitting all required reports to regulatory agencies

4.4 Not Legal or Professional Advice

AirComply does not provide legal advice, regulatory compliance advice, or professional environmental consulting services. Nothing in the Service constitutes legal, regulatory, or professional advice. You should consult with qualified professionals for specific compliance guidance.

4.5 Email Reminder & Notification Disclaimer

AirComply's email reminder system is provided as a convenience feature to assist with compliance deadline awareness. You acknowledge and agree that:

• Email reminders may be delayed, undelivered, filtered as spam, or otherwise fail to reach you due to technical failures, email provider issues, network outages, or factors outside AirComply's control
• Delivery of email reminders is not guaranteed under any circumstances
• You are solely and independently responsible for tracking, monitoring, and meeting all regulatory compliance deadlines regardless of whether you receive any email reminders from AirComply
• Missing a compliance deadline due to non-receipt of an email reminder does not constitute grounds for any claim against AirComply
• You should maintain independent compliance calendars and monitoring systems as a primary means of deadline management
• AirComply makes no warranty that its reminder system will capture all applicable deadlines from your permits

AirComply is not liable for any regulatory violations, fines, penalties, enforcement actions, or legal consequences arising from missed deadlines, whether or not email reminders were sent, received, or relied upon.

5. Subscriptions & Billing

5.1 Subscription Plans

AirComply offers subscription plans as described on our pricing page at aircomply.com/pricing. Pricing is subject to change with 60 days advance notice to existing subscribers.

5.2 Billing

• Annual subscriptions are billed in full at the start of each subscription year
• Monthly subscriptions (where available) are billed at the start of each month
• All fees are in US Dollars
• Payment is processed securely through Stripe
• Subscriptions auto-renew unless cancelled before the renewal date

5.3 Refund Policy

• Annual subscriptions: No refunds after the first 14 days (trial period)
• If cancelled within 14 days of initial purchase, a full refund will be issued
• No prorated refunds for partial subscription periods after the trial period
• AirComply reserves the right to issue refunds at its discretion in exceptional circumstances

5.4 Late Payment

If payment fails, AirComply will notify you and provide a 10-day grace period to resolve the payment. After the grace period, access to the Service may be suspended until payment is received. Outstanding balances accrue interest at 1.5% per month.

5.5 Taxes

You are responsible for all applicable taxes on your subscription fees. AirComply will collect sales tax where required by law.

6. Annual Contracts & Enterprise Agreements

6.1 Annual Contract Terms

Enterprise customers may enter into annual contracts with the following terms:

• Contract term begins on the effective date specified in the order form
• Full annual fee is due at contract signing unless otherwise agreed in writing
• Annual contracts automatically renew for successive one-year terms unless either party provides 60 days written notice of non-renewal
• Price increases on renewal are capped as specified in the order form

6.2 Founding Customer Terms

Customers receive pricing protection as specified in their individual agreements. These protections are personal to the contracting entity and are not transferable.

6.3 Master Service Agreement

Enterprise customers may request a Master Service Agreement (MSA) which governs the overall relationship between the parties. In the event of conflict between an MSA and these Terms, the MSA governs.

6.4 Non-Disclosure Agreement

AirComply offers mutual Non-Disclosure Agreements (NDAs) to enterprise customers. Contact sales@aircomply.com to request an NDA.

7. Data Ownership & License

7.1 Your Data

You retain full ownership of all data you upload to AirComply, including permit documents, facility information, compliance records, and any other content ("Your Data"). AirComply does not claim any ownership rights over Your Data.

7.2 License to AirComply

By uploading Your Data, you grant AirComply a limited, non-exclusive license to use, process, and store Your Data solely for the purpose of providing the Service to you. This license terminates when you delete the data or close your account.

7.3 Aggregated Data

AirComply may use anonymized, aggregated data derived from usage of the Service (not including your specific permit data or facility information) to improve the Service, conduct research, and develop new features. This aggregated data cannot be used to identify you or your organization.

7.4 Data Export

You may export your data at any time through the application. Upon account termination, AirComply will provide a 30-day window to export your data before deletion.

8. Acceptable Use Policy

8.1 Permitted Use

AirComply may only be used for lawful purposes by environmental compliance professionals, EHS managers, environmental consultants, and other authorized users for legitimate air permit compliance management.

8.2 Prohibited Activities

You agree not to:

• Use the Service for any unlawful purpose or in violation of any regulations
• Upload false, fraudulent, or misleading permit data or compliance information
• Attempt to gain unauthorized access to any portion of the Service or other accounts
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Use automated scripts, bots, or scrapers to access the Service
• Upload malware, viruses, or any malicious code
• Resell, sublicense, or otherwise transfer your access to the Service without written permission
• Use the Service to compete with AirComply or to build a competing product
• Interfere with or disrupt the integrity or performance of the Service
• Circumvent any technical limitations or security measures
• Upload content that infringes on any third party's intellectual property rights

8.3 Fair Use

Subscription plans include reasonable usage limits appropriate for the plan tier. AirComply reserves the right to contact customers whose usage significantly exceeds normal patterns to discuss appropriate plan upgrades.

9. Intellectual Property

9.1 AirComply's IP

The Service, including all software, algorithms, AI models, user interfaces, design elements, documentation, and trademarks, are owned by AirComply Inc. and protected by applicable intellectual property laws. These Terms do not grant you any rights to AirComply's intellectual property except the limited right to use the Service as described herein.

9.2 Feedback

If you provide AirComply with feedback, suggestions, or ideas about the Service ("Feedback"), you grant AirComply a perpetual, irrevocable, royalty-free license to use and incorporate that Feedback into the Service without any obligation to you.

10. Confidentiality

Each party agrees to keep confidential any non-public information of the other party that is designated as confidential or that reasonably should be understood to be confidential. AirComply will treat Your Data as confidential information. This obligation does not apply to information that:

• Is or becomes publicly available through no fault of the receiving party
• Was known to the receiving party prior to disclosure
• Is independently developed by the receiving party
• Is required to be disclosed by law or court order (with reasonable prior notice)

11. Limitation of Liability

11.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AIRCOMPLY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Regulatory fines, penalties, or violations resulting from missed compliance deadlines
• Lost profits or revenue
• Loss of data or business information
• Cost of substitute services
• Business interruption

THIS EXCLUSION APPLIES EVEN IF AIRCOMPLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Cap on Liability

AIRCOMPLY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO AIRCOMPLY IN THE THREE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

11.3 Essential Basis

The parties acknowledge that the limitations of liability in this section reflect a reasonable allocation of risk and are an essential element of the basis of the bargain between the parties. AirComply would not provide the Service without these limitations.

11.4 Compliance Liability

AirComply is a software tool that assists EHS professionals. You remain solely responsible for all regulatory compliance decisions, filings, reports, and actions. AirComply is not liable for any regulatory violations, fines, penalties, enforcement actions, or legal proceedings arising from your compliance activities or reliance on AI-generated content.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF AI-GENERATED CONTENT
• WARRANTIES THAT THE SERVICE WILL MEET ALL YOUR COMPLIANCE REQUIREMENTS

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless AirComply and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including attorneys' fees) arising from:

• Your use of the Service in violation of these Terms
• Your violation of any applicable law or regulation
• Your Data, including any claim that Your Data infringes any third party's rights
• Any regulatory violations, fines, or penalties arising from your compliance activities
• Any misrepresentation made by you in connection with the Service

13. Indemnification

13.1 Your Indemnification Obligations

You agree to defend, indemnify, and hold harmless AirComply, its officers, directors, employees, contractors, agents, licensors, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service or violation of these Terms
• Your reliance on AI-generated content without independent professional verification
• Any regulatory violations, fines, penalties, or enforcement actions resulting from your compliance activities
• Any missed compliance deadlines, whether or not related to email reminder delivery
• Your violation of any applicable laws, regulations, or regulatory requirements
• Your infringement of any third-party rights, including intellectual property rights
• Any misrepresentation made by you in connection with the Service
• Any actions or omissions of your team members, contractors, or agents using your account

13.2 AirComply's Right to Control Defense

AirComply reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with AirComply in asserting any available defenses and to not settle any claim without AirComply's prior written consent.

14. Termination

14.1 Termination by You

You may cancel your subscription at any time through your account settings or by contacting support@aircomply.com. Cancellation takes effect at the end of the current billing period. No refunds are provided for unused portions of annual subscriptions after the initial 14-day period from contract signing.

14.2 Termination by AirComply

AirComply may suspend or terminate your access to the Service immediately and without notice if:

• You materially breach these Terms and fail to cure the breach within 10 days of notice
• You fail to pay fees when due after the grace period
• Your use of the Service poses a security risk or legal liability
• Required by law or regulation

AirComply may also terminate any subscription with 30 days written notice for any reason.

14.3 Effect of Termination

Upon termination:

• Your right to access the Service immediately ceases
• You have 30 days to export your data
• Your data will be permanently deleted after 30 days (except billing records)
• All outstanding fees remain due and payable
• Sections that by their nature should survive termination shall survive

15. Dispute Resolution

15.1 Informal Resolution

Before filing any formal legal claim, you agree to first contact AirComply at legal@aircomply.com and attempt to resolve the dispute informally for at least 30 days.

15.2 Arbitration

If informal resolution fails, any dispute arising from these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Delaware. The arbitrator's decision shall be final and binding.

15.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this waiver is unenforceable, the arbitration provision shall be void.

15.4 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law provisions. For matters not subject to arbitration, you consent to the exclusive jurisdiction of courts in Delaware.

15.5 Exceptions

Either party may seek emergency injunctive relief in any court of competent jurisdiction to prevent irreparable harm pending arbitration.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable order forms or Master Service Agreements, constitute the entire agreement between you and AirComply regarding the Service and supersede all prior agreements.

16.2 Amendment

AirComply may modify these Terms at any time. Material changes will be communicated via email at least 30 days before taking effect. Your continued use of the Service after changes take effect constitutes acceptance. If you do not agree to changes, you may cancel your subscription.

16.3 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

16.4 Waiver

AirComply's failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

16.5 Assignment

You may not assign or transfer your rights under these Terms without AirComply's prior written consent. AirComply may assign these Terms in connection with a merger, acquisition, or sale of assets.

16.6 Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including natural disasters, government actions, internet outages, or pandemic.

16.7 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

16.8 Notices

Notices to AirComply must be sent to legal@aircomply.com. Notices to you will be sent to the email address associated with your account.

17. Contact