Terms of Service

nonaAi · Effective date: 7 October 2026

These Terms of Service (the “Terms”) are a legal agreement between you and Advanced Technologies — A General Trading and Contracting Co. (Commercial Registration No. 85757), Abdullah Al Mubarak Street, Qibla, Block 9, Yousef M. Y. Alroomi Building, Floor 4, Office 3, Kuwait City 13083, Kuwait (“nonaAi”, “we”, “us”, “our”). They govern your access to and use of the nonaAi desktop software, the nonaAi phone companion, our website at nonaai.ai, and the account, subscription and support services connected with them (together, the “Services”). The Refund Policy and the Privacy Policy are part of these Terms.

By creating an account, starting a trial, purchasing a Subscription, or installing, accessing or using any part of the Services, you agree to these Terms. If you do not agree, do not install or use the Services.

1. Definitions

In these Terms:

• “Account” means the account you sign in with to use the Services.
• “Agent” means any artificial-intelligence agent, assistant, model, command-line tool or similar program, supplied by a third party, that you install, connect to or run through the Software.
• “Output” means anything an Agent produces or does, including text, code, files, changes to files, commands run and actions taken.
• “Paid Features” means the features of the Software that require a Subscription, including starting and running Agents through the Software.
• “Software” means the nonaAi desktop application, the phone companion and any updates, documentation and related programs we supply.
• “Subscription” means a recurring plan, including any free trial, that gives your Account access to the Paid Features for a billing period.
• “Third-Party Service” means any product, service, account, model, Agent, website or content that is not provided by us.
• “Your Content” means your projects, files, source code, data, prompts, instructions and the records of your conversations with Agents.

2. Who may use the Services

2.1 Age and capacity. You must be at least eighteen (18) years old, or the age of legal majority where you live if that is higher, and legally able to enter into a binding contract.

2.2 Use for an organisation. If you use the Services on behalf of a company or other organisation, you confirm that you have authority to bind it to these Terms; “you” then includes that organisation, and you and it are jointly responsible for compliance.

2.3 Restricted persons and places. You may not use the Services if you are barred from doing so under the laws that apply to you or to us, including export-control and sanctions laws, or if we have previously terminated your access for breach of these Terms.

3. What the Services are, and are not

3.1 A workbench. nonaAi is a tool that lets you start, coordinate, supervise and view Agents that you install and connect yourself. It does not include any Agent or model.

3.2 Not a provider of Agents. We do not supply, operate, train, host or control any Agent. Agents and the accounts you use with them are Third-Party Services governed by their providers’ own terms, prices and limits.

3.3 No professional advice. Nothing in the Services or in any Output is legal, financial, medical, engineering, security or other professional advice. Do not rely on an Output as a substitute for the judgement of a qualified person.

3.4 No supervision by us. We do not monitor, review or approve what your Agents do. Features of the Software that ask for your approval, limit an Agent, watch its activity or stop it are aids for your own supervision; they are not a guarantee that an Agent will be prevented from doing anything.

4. Your account and its security

4.1 Sign-in. Sign-in is provided through a third-party identity service and takes place in your web browser. We do not receive or store your password.

4.2 One person. An Account is personal to one individual. You may not share it, transfer it, or allow anyone else to use it.

4.3 Your responsibility. You are responsible for all activity under your Account, whether or not you authorised it, and for keeping your sign-in credentials, your devices and the computers on which the Software is installed secure.

4.4 Tell us. Notify us without delay at [email protected] if you believe your Account has been accessed or used without your permission. We are not responsible for loss caused by unauthorised use of your Account that results from your failure to keep it secure.

4.5 Accurate information. The information you give us and our payment reseller must be accurate, complete and kept up to date.

4.6 Our discretion. We may refuse to open an Account, and may require you to verify your identity or your right to use a payment method.

5. Your licence

5.1 Grant. Subject to these Terms and, for the Paid Features, to an active Subscription, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the Software for your own personal or internal business purposes.

5.2 Licensed, not sold. The Software is licensed, not sold. We and our licensors keep all rights not expressly granted to you.

5.3 Updates. We may supply updates that change, add or remove features. Updates are part of the Software and subject to these Terms. Some updates may be required for the Software to keep working.

5.4 Third-party components. The Software includes components supplied by third parties under their own licences, including open-source licences. Those licences govern those components, and nothing in these Terms limits your rights under them.

6. Acceptable use

6.1 Your undertaking. You are responsible for your use of the Services and for everything done by Agents you run with them. You must not use the Services, and must not instruct, configure or allow any Agent used with the Services, to do any of the following.

6.2 Unlawful or harmful activity. You must not:

• break any law or regulation, or help anyone else to do so;
• infringe, misappropriate or violate the intellectual-property, privacy, confidentiality or other rights of any person;
• create, distribute or run malware, ransomware, spyware or any code designed to damage, disrupt, take control of or gain unauthorised access to any system, account or data;
• probe, scan, test or attack any system or network without the express permission of its owner;
• collect or process personal information unlawfully, or to track, profile, harass, defraud, deceive or harm any person;
• send spam or carry out phishing, impersonation or any fraudulent or deceptive scheme;
• produce, store or distribute content that is illegal where you are, including content that sexually exploits or endangers children;
• develop or support weapons, or any activity intended to cause death, injury or serious physical or environmental damage.

6.3 Misuse of the Services. You must not:

• copy, sell, resell, rent, lease, lend, sublicense, distribute or otherwise make the Services available to any third party, or offer them as a service bureau or hosted service;
• share an Account or Subscription, or use one Subscription to serve more than one person;
• circumvent, disable, tamper with or interfere with any feature that controls access to the Services, including sign-in, subscription and plan checks, the limit on active computers, and any security or usage control;
• reverse engineer, decompile, disassemble, modify or create derivative works of the Software, except to the extent applicable law expressly permits this despite this restriction;
• access our systems by any means other than the interfaces we provide, or overload, disrupt or interfere with them;
• use any trial more than once, or obtain a trial or a price by misrepresentation;
• remove, obscure or alter any proprietary notice, or misrepresent your relationship with us;
• use the Services to build a competing product by copying their features or design.

6.4 Third-party terms. You must not use the Services to breach the terms, usage policies or limits of any provider of an Agent or other Third-Party Service. You alone are responsible for complying with them.

6.5 High-risk use. The Services are not designed, tested or intended for use in the operation of medical devices, life-support systems, aircraft or other transport control, nuclear or chemical facilities, weapons systems, emergency services, or any other setting where failure, error or an unexpected action could lead to death, personal injury, or serious physical, financial or environmental damage. You must not use them in any such setting.

6.6 Enforcement. We may investigate suspected breaches of this Section and may suspend or terminate access as Section 14 provides. We may report unlawful activity to the authorities and cooperate with them. We have no obligation to monitor your use and accept no responsibility for not doing so.

7. One active computer; plan limits

7.1 One at a time. Unless your plan expressly states otherwise, a Subscription allows the Paid Features to be active on one computer at a time. If you sign in on a second computer, the Paid Features remain on the first until you sign out there or choose to move them to the second.

7.2 Moving. When you move the Paid Features to another computer, Agents running on the first computer are stopped as Section 15 describes.

7.3 More computers. To use the Paid Features on more than one computer at the same time you need a separate Subscription for each, or a plan that allows it.

7.4 Other limits. A plan may carry other limits, which are shown when you choose it. We may enforce plan limits by technical means.

8. Agents and third-party services

8.1 Your Agents, your accounts. You choose, install, sign in to and pay for your Agents. A nonaAi Subscription does not include any Agent, model, credit, token or usage of any Third-Party Service. All charges you incur with a Third-Party Service, including charges caused by an Agent running for longer or doing more than you expected, are yours alone.

8.2 What Agents can do. Agents act on your computer and in your accounts with the access you give them. An Agent can read, create, change, move and delete files and folders; run commands, scripts and programs; install software; use your network connection; send data to its provider and to other parties; make changes to source-code repositories and remote systems you are signed in to; and use up money, credit or usage on your Third-Party Service accounts. An Agent may do these things in ways you did not intend, did not ask for, or did not notice.

8.3 Outputs. Output may be inaccurate, incomplete, insecure, harmful, offensive, infringing, or unsuitable for your purpose, and may contain errors that are not obvious. Output is generated by Third-Party Services, not by us. We do not review, verify, endorse or take responsibility for any Output.

8.4 Third-Party Services generally. Third-Party Services are outside our control. They may change, restrict, suspend, raise the price of, or end their services, or change how they work with the Software, at any time. We are not responsible for any Third-Party Service, for its availability, security, accuracy, conduct, terms or charges, or for any loss arising from your use of it.

8.5 Data sent to Third-Party Services. When you use an Agent, Your Content is sent to that Agent’s provider as that Agent requires. That transfer is between you and the provider, under the provider’s terms and privacy policy. We do not receive that content and are not responsible for what the provider does with it.

9. Your responsibilities

You are solely responsible for:

• Your choices. Deciding which Agents to use, what you instruct them to do, where they may work, and what permissions and approvals you give them;
• Review. Reviewing, testing and verifying all Output before you rely on it, run it, publish it, deploy it or allow it to remain on your systems;
• Backups. Keeping current, complete and independent backups of Your Content and of any system an Agent can reach, and being able to restore them. The Software’s own history, checkpoint and archive features are conveniences and are not a backup;
• Security. Securing your computer, network, accounts, credentials and secrets, and not exposing to an Agent anything you are not willing for it to read, change, send or delete;
• Supervision. Supervising Agents while they run, and stopping them when they should be stopped;
• Compliance. Your compliance with all laws and with all terms of the Third-Party Services you use; and
• Consequences. All consequences of anything an Agent does or fails to do.

10. Your content and your data

10.1 Ownership. Your Content is yours. We claim no ownership of it.

10.2 Where it lives. Your Content stays on your computer and with the Third-Party Services you choose to use. The Software does not send Your Content to us.

10.3 What we receive. To confirm your plan, the Software sends our service your Account sign-in token, an identifier for your installation and the version of the Software. Our handling of personal information is described in the Privacy Policy.

10.4 Your rights in Your Content. You confirm that you have all rights, permissions and consents needed to use Your Content with the Services and with your Agents, and that doing so does not breach any law or any person’s rights.

10.5 We hold no copy. Because Your Content is not sent to us, we cannot recover, restore or return it. Its safekeeping is your responsibility.

11. Subscriptions and the free trial

11.1 Plans. The Paid Features are available only while a Subscription is active on your Account. The plans on offer, what each includes and its price are shown on our website and at checkout.

11.2 Free trial. A new Subscription begins with a free trial of fourteen (14) days. A valid payment method is required to start the trial and is not charged during it. A trial is available once per person and per payment method; we may refuse or end a trial obtained in breach of this rule.

11.3 Conversion to paid. Unless you cancel before the trial ends, your Subscription converts automatically to a paid Subscription at the end of the trial, and your payment method is charged the price shown to you when you started the trial. The date of the first charge is shown at checkout and in your Account.

11.4 Automatic renewal. A paid Subscription runs for the billing period you chose (for example, monthly or annual) and renews automatically for successive periods of the same length until you cancel. Each renewal is charged at the start of the new period at the price then in force for your plan.

11.5 Changing plan. An upgrade may take effect immediately and be charged as shown at the time. A change to a lower plan takes effect at the end of the period you have already paid for.

11.6 Offers. Promotional prices and offers apply only as stated when made, may not be combined, and may be withdrawn at any time for new purchases.

12. Fees and payment

12.1 Merchant of Record. Our order process is conducted by our online reseller Paddle.com (“Paddle”). Paddle is the Merchant of Record for all our orders. Paddle takes your payment, provides your invoice and handles returns and customer-service enquiries about your order. Paddle’s terms for buyers apply to your purchase in addition to these Terms.

12.2 Authorisation. By starting a trial or a Subscription you authorise the charging of your payment method for the price of your plan, and applicable taxes, at the start of each billing period until you cancel. You must keep a valid payment method on file.

12.3 Taxes and currency. Prices are shown at checkout in the currency stated there. Value-added, sales and similar taxes are calculated and collected by Paddle according to your location and are added where they apply. Your bank or card issuer may charge its own conversion or other fees, which are yours to bear.

12.4 Price changes. We may change the price of any plan. A change never applies to a billing period you have already paid for. If a change increases what you pay, we will tell you at least thirty (30) days before it takes effect; if you do not cancel before the renewal to which the new price applies, you agree to the new price.

12.5 Failed payments. If a payment fails or is reversed, further attempts may be made to collect it and we may notify you. If payment is still not received, your Subscription ends and the Paid Features stop. You remain responsible for any amount properly due.

12.6 Disputes and chargebacks. If you believe a charge is wrong, contact us first at [email protected] so that it can be reviewed. If you raise a payment dispute or chargeback with your bank that is not upheld, or raise one in bad faith, we may suspend or terminate your access and decline to offer you a further Subscription.

12.7 No set-off. Amounts due are payable in full, without deduction or set-off, except as the law requires.

13. Cancellation and refunds

13.1 Cancelling. You may cancel your Subscription at any time, for any reason, from your account page at nonaai.ai or by writing to [email protected]. To avoid being charged for the next period, cancel before the renewal date shown in your Account.

13.2 Effect. Cancellation stops future charges. Your access to the Paid Features continues to the end of the period you have paid for, and then ends. Uninstalling the Software or ceasing to use it does not cancel your Subscription.

13.3 Non-refundable. Except as expressly provided in the Refund Policy or these Terms, or where required by law, all payments are final and non-refundable. We do not give refunds or credits for a partly used period, for a downgrade made during a period, or for any period in which you did not use the Services.

13.4 Statutory rights. The Refund Policy sets out the right of withdrawal of consumers in the European Economic Area and the United Kingdom, how that right runs during the free trial, and how to make a request.

14. Suspension and termination

14.1 By you. You may stop using the Services at any time. Cancelling a Subscription is dealt with in Section 13.

14.2 Suspension by us. We may suspend your access to all or part of the Services, immediately and without prior notice, if we reasonably believe that:

• you have breached these Terms, in particular Section 6 (Acceptable use);
• an amount due has not been paid, or a payment has been reversed or disputed;
• your Account has been compromised, shared, or used fraudulently or without authority;
• your use creates a security, legal or operational risk to the Services, to us or to anyone else;
• we are required to do so by law, by a court or by a competent authority; or
• you have given us or our payment reseller false or misleading information.

Where it is reasonable to do so, we will tell you the reason and what, if anything, you can do to have access restored. Suspension does not extend a billing period or entitle you to a refund.

14.3 Termination by us for cause. We may terminate your Account, any Subscription and these Terms, immediately and without notice, for any of the reasons in Section 14.2, or if a breach is serious, repeated or not remedied promptly after we ask. If we terminate for your breach, you are not entitled to any refund.

14.4 Termination by us for other reasons. We may also terminate a Subscription for any other reason, including if we withdraw the Services or a plan. If we do, we will refund, on a pro rata basis, the fees you paid for the remaining portion of the billing period after termination. That refund is your sole remedy for such a termination.

14.5 Effect of termination. When these Terms end for any reason: your licence and your right to use the Paid Features end; Section 15 applies to running Agents; amounts that had fallen due remain payable; and each party keeps the rights it had already accrued.

14.6 What survives. Sections 1, 6, 8 to 10, 12 (as to amounts due), 13.3, 14.5, 14.6 and 15 to 25 continue to apply after termination.

14.7 No liability for acting under this Section. To the fullest extent permitted by law, we are not liable to you or to anyone else for any suspension or termination carried out in accordance with this Section, or for its consequences, including interrupted work.

15. What happens when access stops

15.1 Agents stop at once. When your Subscription or trial ends for any reason, when access is suspended or terminated, when you sign out, or when the Paid Features are moved to another computer, the Agents running under the Software on the affected computer are stopped immediately. Any task in progress is interrupted and may be left incomplete, and files or systems an Agent was changing may be left in an unfinished or inconsistent state.

15.2 Notice. Where a Subscription has been cancelled, or a payment has failed, the Software shows a notice before the paid period ends. It is your responsibility to bring your work to a safe state before access stops.

15.3 Your work remains. The rest of the Software continues to open. Your projects, files, history and settings remain on your computer and are not deleted, hidden or altered by the end of a Subscription.

15.4 No liability. To the fullest extent permitted by law, we are not responsible for any loss or damage arising from the stopping of Agents under this Section.

16. Availability, changes, support and early features

16.1 No guarantee of availability. We do not promise that the Services, or any part of them, will be available at any particular time or without interruption. The Services may be unavailable for maintenance, because of faults, or because of events outside our control. We give no service-level commitment.

16.2 Changes. We may add to, change, limit or withdraw any feature of the Services at any time. We do not promise that any feature will remain available, or that the Services will work with any particular Agent, model, Third-Party Service, operating system or device. If we withdraw the Services entirely while you hold a paid Subscription, Section 14.4 applies.

16.3 Support. We provide support at our discretion through [email protected]. We do not commit to any response or resolution time.

16.4 Early and experimental features. Features described as beta, preview, experimental or similar are offered for evaluation, may be incomplete or unstable, may be changed or withdrawn without notice, and are provided strictly “as is”, without any warranty and at your own risk.

17. Intellectual property; feedback

17.1 Ours. The Services, including the Software, its code, design, user interface, text, graphics, documentation and trade marks, are owned by us or our licensors and are protected by copyright, trade-mark and other laws. Except for the licence in Section 5, these Terms give you no right, title or interest in them.

17.2 Trade marks. “nonaAi” and our logos are our trade marks. You may not use them without our prior written permission, except to refer truthfully to the Services.

17.3 Feedback. If you send us ideas, suggestions or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use it for any purpose, without restriction and without any payment or obligation to you. Publication of a suggestion or a roadmap is not a promise that anything will be built.

18. Third-party software and links

The Services may contain links to, or work with, websites, software and services that are not ours. We provide these for convenience only. We do not control or endorse them and are not responsible for their content, security, terms or practices. Your dealings with any third party are solely between you and that third party.

19. Disclaimer of warranties

19.1 YOUR USE OF THE SERVICES, AND OF ANY AGENT, MODEL, THIRD-PARTY SERVICE OR OUTPUT USED WITH THEM, IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.

19.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR LICENSORS AND PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING ANY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, PRIVACY AND COMPATIBILITY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.

19.3 WITHOUT LIMITING THE ABOVE, WE DO NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF ERRORS, DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS; (B) ANY DEFECT WILL BE CORRECTED; (C) ANY AGENT WILL DO WHAT YOU INTEND, STAY WITHIN ANY LIMIT, PERMISSION OR INSTRUCTION, OR BE STOPPED BEFORE IT CAUSES HARM; (D) ANY OUTPUT WILL BE ACCURATE, COMPLETE, LAWFUL, SAFE OR FIT FOR ANY PURPOSE; (E) ANYTHING AN AGENT CHANGES OR DELETES CAN BE RECOVERED; OR (F) ANY HISTORY, CHECKPOINT, ARCHIVE OR SIMILAR FEATURE WILL PRESERVE OR RESTORE YOUR CONTENT.

19.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

20. Responsibility for loss or damage; limitation of liability

20.1 Allocation of risk. The Services let you run powerful Third-Party Services on your own computer under your own control. You accept that the risk of what those Third-Party Services do rests with you, and that the price of the Services reflects that allocation.

20.2 EXCLUDED LOSSES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR LICENSORS OR PROVIDERS, OR OUR OR THEIR RESPECTIVE AFFILIATES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS OR ASSIGNS (TOGETHER, THE “NONAAI PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY: (A) LOSS OF PROFITS, REVENUE, BUSINESS, CONTRACTS, OPPORTUNITY, GOODWILL, REPUTATION OR ANTICIPATED SAVINGS; (B) LOSS, CORRUPTION, ALTERATION, DISCLOSURE OR DELETION OF DATA, FILES, SOURCE CODE, REPOSITORIES OR SYSTEMS; (C) COST OF RECREATING OR RESTORING ANY OF THEM, OR OF SUBSTITUTE GOODS OR SERVICES; (D) BUSINESS INTERRUPTION OR DOWNTIME; (E) CHARGES, FEES, CREDIT OR USAGE INCURRED WITH ANY THIRD-PARTY SERVICE; OR (F) WASTED TIME OR EXPENDITURE, IN EACH CASE ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, ANY AGENT, THIRD-PARTY SERVICE OR OUTPUT, OR THESE TERMS.

20.3 SPECIFIC MATTERS. WITHOUT LIMITING SECTION 20.2, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE NONAAI PARTIES ARE NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATED TO: (A) ANYTHING AN AGENT DOES OR FAILS TO DO, WHETHER OR NOT YOU INSTRUCTED, APPROVED OR EXPECTED IT; (B) ANY OUTPUT OR YOUR RELIANCE ON IT; (C) ANY THIRD-PARTY SERVICE, INCLUDING ITS UNAVAILABILITY, ERRORS, CHANGES, CHARGES OR HANDLING OF YOUR CONTENT; (D) THE STOPPING OR INTERRUPTION OF AN AGENT OR A TASK FOR ANY REASON, INCLUDING UNDER SECTIONS 7, 14 AND 15; (E) UNAUTHORISED ACCESS TO OR USE OF YOUR ACCOUNT, COMPUTER, CREDENTIALS OR CONTENT; (F) ANY INTERRUPTION, SUSPENSION, CHANGE OR WITHDRAWAL OF THE SERVICES; (G) YOUR FAILURE TO KEEP BACKUPS, TO REVIEW OUTPUT OR TO SUPERVISE AN AGENT; OR (H) ANY USE OF THE SERVICES IN BREACH OF THESE TERMS.

20.4 CAP. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE NONAAI PARTIES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICES IN THE SIX (6) MONTHS BEFORE THE DATE ON WHICH THE FIRST SUCH DAMAGE, LOSS OR CAUSE OF ACTION AROSE, AND (B) ONE HUNDRED UNITED STATES DOLLARS (USD 100).

20.5 ALL THEORIES. SECTIONS 20.2 TO 20.4 APPLY WHETHER A CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF STATUTORY DUTY OR ANY OTHER THEORY, EVEN IF A NONAAI PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THE LOSS, EVEN IF THE LOSS WAS FORESEEABLE, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. MULTIPLE CLAIMS DO NOT ENLARGE THE CAP.

20.6 Time limit. To the extent permitted by applicable law, any claim arising out of or related to the Services or these Terms must be brought within one (1) year after the event giving rise to it, after which it is permanently barred.

20.7 What is not limited. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for fraud, for wilful misconduct or gross fault where the law so provides, or for death or personal injury caused by negligence. Some countries do not allow certain warranties to be excluded or certain liabilities to be limited; in those countries the exclusions and limits above apply to you only to the extent the law allows, and you may have additional rights.

21. Indemnity

21.1 Your indemnity. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the nonaAi Parties from and against all claims, demands, proceedings, liabilities, damages, losses, penalties, costs and expenses (including reasonable legal fees) arising out of or related to: (a) your breach or alleged breach of these Terms; (b) your use of the Services; (c) anything done by an Agent you run with the Services, and any Output; (d) Your Content; (e) any product, service or work you develop, offer or distribute using the Services; (f) your use of, or dispute with, any Third-Party Service; (g) your violation of any law or of any person’s rights; or (h) any fraud, wilful misconduct or negligence by you or anyone using your Account.

21.2 Conduct of claims. We may, at our own expense, take over the exclusive defence and control of any matter subject to this indemnity. You agree to cooperate with us and not to settle any such matter without our written consent.

21.3 Consumers. If you are a consumer, this Section applies only to the extent permitted by the consumer law that applies to you.

22. Governing law and disputes

22.1 Talk to us first. Before starting any formal proceedings, you agree to contact us at [email protected] with a description of the dispute, and to allow thirty (30) days for us to try to resolve it with you.

22.2 Governing law. These Terms, and any dispute or claim arising out of or in connection with them or the Services (including non-contractual disputes or claims), are governed by and interpreted in accordance with the laws of the State of Kuwait, without regard to its conflict-of-laws rules.

22.3 Courts. The courts of the State of Kuwait have exclusive jurisdiction to settle any such dispute or claim, and you and we submit to that jurisdiction.

22.4 Consumers. If you are a consumer, nothing in this Section deprives you of the protection of the mandatory provisions of the law of the country where you habitually reside, or of any right you have under that law to bring proceedings in the courts of that country.

22.5 Urgent relief. Nothing in this Section prevents us from seeking urgent or injunctive relief in any court of competent jurisdiction to protect our intellectual property or the security of the Services.

22.6 Individual claims. To the extent permitted by applicable law, disputes are to be brought on an individual basis only, and not as a claimant or member in any class, collective or representative proceeding.

23. Changes to these Terms

We may revise these Terms from time to time. We will post the revised Terms on our website with a new effective date and, for changes that materially reduce your rights or increase your obligations, give you reasonable notice by email or in the Services before they take effect. If you continue to use the Services after revised Terms take effect, you agree to them. If you do not agree, you must stop using the Services and may cancel your Subscription before the change takes effect.

24. General

24.1 Entire agreement. These Terms, together with the Refund Policy and the Privacy Policy, are the entire agreement between you and us about the Services and replace all earlier agreements, statements and understandings about them. You confirm that you have not relied on any statement not set out in them.

24.2 Order of precedence. If there is a conflict between these Terms and the Refund Policy on a matter of refunds, the Refund Policy prevails. On every other matter these Terms prevail.

24.3 Severability. If any provision of these Terms is found to be invalid, unlawful or unenforceable, it is to be enforced to the greatest extent permitted, and the remaining provisions remain in full effect.

24.4 No waiver. A failure or delay by us in enforcing any provision is not a waiver of it. A waiver is effective only if given in writing.

24.5 Assignment. You may not assign, transfer or sub-contract these Terms or your Account without our prior written consent. We may assign or transfer these Terms without restriction, including to an affiliate or to a successor to all or part of our business.

24.6 Events outside our control. We are not liable for any failure or delay in performing our obligations caused by events beyond our reasonable control, including acts of God, natural disaster, war, civil unrest, acts of government, labour disputes, epidemics, failures of the internet, of utilities, of hosting or payment providers, or of any Third-Party Service, and cyber-attacks.

24.7 Export controls and sanctions. You must comply with all export-control and sanctions laws that apply to your use of the Services, and must not use, export or re-export the Software in breach of them.

24.8 Relationship. You and we are independent parties. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship.

24.9 Electronic communications and notices. You agree that we may communicate with you electronically and that such communications satisfy any legal requirement that they be in writing. We may give you notices by email to the address on your Account or by a message in the Services; a notice is treated as received when sent. You may give us notice at the address in Section 25.

24.10 Language. These Terms are written in English. If they are translated, the English version prevails to the extent permitted by law.

24.11 Interpretation. Headings are for convenience only. “Including” means “including without limitation”.

24.12 Third-party rights. Except for the nonaAi Parties, who may rely on and enforce Sections 14.7, 15.4 and 19 to 21, no one other than you and us has any right under these Terms.

25. Contact

Advanced Technologies — A General Trading and Contracting Co. (Commercial Registration No. 85757)
Abdullah Al Mubarak Street, Qibla, Block 9, Yousef M. Y. Alroomi Building, Floor 4, Office 3, Kuwait City 13083, Kuwait
[email protected]