ALIGNED
TERMS OF SERVICE

1. Acceptance of These Terms of Service

Welcome to Aligned, operated by White Elk LLC ("Aligned," "we," "our," or "us"). These Terms of Service (these "Terms") govern your access to and use of our websites and any successor URLs, the applications, and any related software, documentation, or services (collectively, the "Service"). By accessing or using the Service, or by clicking a button or checking a box marked "I Agree," you acknowledge that you have read, understood, and agree to be bound by these Terms, and confirm that you have read and understood our Privacy Policy (the "Privacy Policy"). If you do not agree to these Terms, you may not use the Service.

You should read these Terms carefully to ensure that you understand each provision. These Terms contain an arbitration provision (Section 15) and a class action/jury trial waiver (Section 15.3). You may opt out of the arbitration provision by sending written notice to [email protected] within thirty (30) days of first accepting these Terms (see Section 15.5). If you do not opt out, these Terms require the use of binding arbitration on an individual basis to resolve disputes. You waive your right to a trial by jury and your right to participate in a class action or representative proceeding.

2. Eligibility; User Accounts

2.1 Eligibility

By using the Service, you represent that you are at least eighteen (18) years of age and can form a legally binding contract with Aligned under applicable laws and regulations ("Applicable Law"). The Service is not directed to individuals under 18. If you are under 18, you may not use the Service.

2.2 User Accounts

Registration. In order to access certain features of the Service, you may be required to register an account ("User Account"). When creating your User Account, you must provide accurate and complete information, and update such information as necessary.

Credentials. You are solely responsible for safeguarding your login credentials. You agree not to share your User Account or password(s) with anyone. You must notify us immediately of any unauthorized use of your User Account or any security breach.

Organizational Accounts. If you create a User Account on behalf of a company or other entity (an "Organization"), you represent that you have the authority to bind that Organization to these Terms, and both you and the Organization will be jointly and severally liable for any breach of these Terms.

Communications. By providing your email address, you consent to our using that email address to send you notices related to the Service, including any notices required by Applicable Law.

2.3 Modifications and Termination

Aligned reserves the right to modify, suspend, or discontinue (temporarily or permanently) the Service or any part thereof, with or without notice, and without liability to you. We may suspend or terminate your access to the Service for any violation of these Terms. For non-material breaches, Aligned will provide written notice and a fifteen (15) day cure period before suspension or termination, except where immediate action is reasonably necessary to protect the Service or other users. If Aligned terminates your access for reasons other than your breach of these Terms, Aligned will provide a pro-rata refund for the unused portion of any prepaid Subscription Term.

Post-Termination Data Access. Upon termination of your account for any reason, you will have thirty (30) days to export your User Content through the Service or by contacting us. After this period, we may delete your User Content in accordance with our data retention policies.

2.4 Interactions with Other Users

You are solely responsible for your interactions with other users of the Service. We reserve the right, but have no obligation, to monitor disputes between users. Aligned disclaims all liability arising from your interactions with other users.

3. Access to the Service; Prohibited Conduct

3.1 License Grant

Subject to your compliance with these Terms, Aligned grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service strictly in accordance with these Terms and any documentation we provide.

3.2 Restrictions

Except as expressly permitted by these Terms or by Applicable Law, you agree not to do, or facilitate a third party in doing, any of the following:

• Reverse Engineering. Disassemble, decompile, reverse engineer, or otherwise attempt to derive source code, algorithms, models, training data, or underlying methodologies from any part of the Service.
• Automated Access. Use any robot, spider, scraper, data mining tool, or other automated means to access the Service in a manner that sends excessive requests or disrupts normal usage.
• Unauthorized Uses. Copy, modify, create derivative works from, distribute, or publicly display any part of the Service or our content, except as expressly permitted by these Terms or by Aligned in writing.
• Competition. Use the Service to compete with Aligned or to develop a competing product or service, or for benchmarking or competitive analysis.
• Model Extraction. Use the Service, including its inputs, outputs, or any data derived therefrom, to train, improve, fine-tune, distill, or otherwise develop any machine learning model, artificial intelligence system, or competing product or service, whether directly or indirectly. This includes, without limitation, using systematic prompting, prompt injection, adversarial inputs, or other techniques designed to elicit, reconstruct, approximate, or reverse-engineer the behavior, parameters, system prompts, training data, or capabilities of Aligned's AI models or systems.
• Trade Secret Misappropriation. Access, acquire, use, or disclose any trade secrets, proprietary algorithms, model architectures, training methodologies, prompt engineering techniques, or other confidential business information of Aligned, whether obtained through the Service or otherwise.
• Data Extraction. Systematically extract, scrape, harvest, or collect data, content, or outputs from the Service for purposes of building datasets, training models, populating databases, or any other use beyond your ordinary personal or internal business use of the Service.
• Security Violations. Attempt to compromise the security of the Service, including transmitting viruses, malware, or other harmful code.
• Circumvention. Bypass, disable, or circumvent any security, authentication, rate-limiting, access control, or other technical protection measures implemented in the Service.
• Illegal Purposes. Use the Service in violation of any Applicable Law, or for any fraudulent or illegal purpose.
• Infringing Content. Upload or transmit any content that violates or infringes upon any third-party intellectual property or privacy rights.

Notwithstanding the foregoing, the restrictions in this Section 3.2 shall not apply to the extent they are prohibited by mandatory applicable law, including without limitation EU Directive 2009/24/EC (software interoperability), EU Directive 2019/790 Articles 3 and 4 (text and data mining exceptions), the EU AI Act (Regulation 2024/1689), or any other applicable law that cannot be overridden by contract.

3.3 Usage Monitoring and Enforcement

Aligned reserves the right to monitor access patterns, implement rate limits, and employ automated and manual systems to detect and prevent prohibited conduct, including model extraction, systematic prompting, circumvention of technical measures, and other abuse. Aligned may suspend or terminate access without prior notice upon detection of such conduct. This monitoring is subject to our Privacy Policy.

4. User Content

4.1 User Content Definition

"User Content" refers to any content (e.g., text, images, videos, code, or data) that you upload, post, or transmit in connection with the Service, excluding usage data and feedback (defined below).

4.2 Ownership and License of Your User Content

Ownership. Aligned does not claim ownership of your User Content. You retain all rights, title, and interest in and to your User Content.

License Grant to Aligned. By uploading or posting any User Content, you grant Aligned a worldwide, non-exclusive, royalty-free, sub-licensable (solely to our service providers and contractors as necessary to provide the Service) license to host, store, reproduce, modify, create derivative works of, and display your User Content solely as necessary to operate, provide, maintain, and improve the Service. This license continues for as long as your User Content is stored on the Service and terminates when your User Content is deleted, except that (a) Aligned may retain copies in backup systems for a reasonable period, and (b) any aggregated, anonymized, or de-identified data derived from your User Content may be retained and used indefinitely for product improvement and analytics purposes.

No AI Model Training. Aligned does not use your User Content to train general-purpose AI or machine learning models. Your User Content may be processed by third-party AI providers (such as OpenAI and Anthropic) solely to generate Output on your behalf, subject to those providers' data usage policies, which prohibit using your data for model training. For the avoidance of doubt, "improve the Service" in the license grant above does not include training AI models on your User Content.

Sharing. If you choose to share your User Content (or your "Output," defined in Section 4.3) with other users, you further grant each such user a limited license to access, use, and modify your shared content in accordance with the functionalities of the Service and these Terms.

4.3 Output from the Service

Subject to these Terms, you may use the output generated by the Service (the "Output") for any lawful purpose, provided you do not infringe any third-party rights or violate any model-provider terms. Due to the nature of AI and machine learning, Output may be non-unique (other users may receive similar or identical Output from similar inputs), incomplete, inaccurate, or contain content that you find objectionable. Aligned makes no representation regarding the copyrightability or intellectual property status of Output under applicable law. AI-generated Output may inadvertently reproduce copyrighted or trademarked material. You are solely responsible for reviewing, verifying, and evaluating any Output before relying on it for any purpose. Aligned disclaims all liability for your use of the Output.

4.4 Warranties Regarding User Content

You represent and warrant that:

• You own or have all necessary rights, licenses, and consents to upload or post your User Content to the Service and to grant the rights set forth in these Terms.
• Your User Content does not and will not infringe, misappropriate, or violate any third-party rights, including intellectual property, privacy, or other proprietary rights.
• Your User Content does not violate any Applicable Law.

4.5 Removal of User Content

Aligned, in its sole discretion, may remove or disable access to any User Content that violates these Terms or that we otherwise deem objectionable.

5. Intellectual Property

5.1 Our Intellectual Property

Except for your User Content, all materials and content available via the Service, including software, text, graphics, logos, designs, images, user interfaces, code, machine learning models, algorithms, training data, prompt templates, and other content, as well as the selection and arrangement thereof (collectively, the "Aligned IP"), are owned by or licensed to Aligned and are protected by copyright, patent, trade secret, trademark, and other intellectual property laws. The Aligned IP includes all trade secrets, proprietary methodologies, and know-how embodied in or relating to the Service. For the avoidance of doubt, Aligned's trade secrets include, but are not limited to: the specific architecture, weights, parameters, and training configurations of its AI models; the composition and curation methodology of its training datasets; its proprietary prompt engineering techniques and system prompts; and its AI pipeline orchestration and evaluation methodologies. Except for the license granted under these Terms, no license or other rights in or to the Aligned IP are granted to you, whether by implication, estoppel, or otherwise.

5.2 Feedback

You may provide suggestions, ideas, or other feedback to Aligned regarding the Service ("Feedback"). You hereby irrevocably assign to Aligned all right, title, and interest (including all intellectual property rights) in and to such Feedback. To the extent any such assignment is not effective under Applicable Law, you grant Aligned a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, fully paid-up, sub-licensable, and transferable license to use, reproduce, modify, create derivative works of, distribute, and otherwise exploit such Feedback for any purpose without compensation to you. To the extent permitted by applicable law, you waive any moral rights or rights of attribution with respect to Feedback.

6. Confidential Information; Trade Secrets

6.1 Definition

"Confidential Information" means any non-public information disclosed by Aligned, whether orally, visually, in writing, or through access to the Service, including but not limited to: (a) the Aligned IP; (b) trade secrets, algorithms, model architectures, training data, and machine learning methodologies; (c) business plans, pricing, customer lists, financial information, and product roadmaps; (d) technical documentation, APIs, and system architecture; and (e) any information that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. Confidential Information does not include information that: (i) is or becomes publicly available through no fault of yours; (ii) was known to you prior to disclosure by Aligned, as evidenced by your written records; (iii) is independently developed by you without use of or reference to Confidential Information; or (iv) is received by you from a third party who is not under an obligation of confidentiality to Aligned with respect to such information.

6.2 Obligations

You agree to: (a) hold all Confidential Information in strict confidence using at least the same degree of care you use for your own confidential information, but no less than reasonable care; (b) not disclose Confidential Information to any third party without Aligned's prior written consent; (c) use Confidential Information solely for your permitted use of the Service under these Terms; and (d) promptly notify Aligned of any unauthorized disclosure or use of Confidential Information. If you are compelled by law to disclose Confidential Information, you must provide Aligned with prior written notice (to the extent legally permitted) so that Aligned may seek a protective order or other remedy.

6.3 Trade Secret Protection

You acknowledge that the Service contains trade secrets of Aligned, including its proprietary AI models, algorithms, training methodologies, and software architecture. These trade secrets are protected under the Defend Trade Secrets Act of 2016 (18 U.S.C. § 1836 et seq.) and applicable state trade secret laws. Any unauthorized acquisition, disclosure, or use of Aligned's trade secrets may subject you to civil liability and criminal penalties under federal and state law.

Immunity Notice (18 U.S.C. § 1833(b)). An individual may not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that is made: (A) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and solely for the purpose of reporting or investigating a suspected violation of law; or (B) in a complaint or other document filed under seal in a lawsuit or other proceeding. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the employer's trade secrets to the attorney and use the trade secret information in the court proceeding, provided the individual files any document containing the trade secret under seal and does not disclose the trade secret except pursuant to court order.

6.4 Survival

Your confidentiality obligations under this Section 6 will survive any termination or expiration of these Terms for a period of five (5) years from the date of termination or expiration, or for as long as the information qualifies as a trade secret under Applicable Law, whichever is longer. For the avoidance of doubt, trade secrets shall remain protected for so long as they meet the criteria for trade secret protection under the Defend Trade Secrets Act and applicable state law, which may be indefinite.

7. DMCA Copyright Policy

Aligned respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act ("DMCA"). If you believe that your copyrighted work has been infringed on or through the Service, you may send us a DMCA notice with the following information:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate that material.
• Your contact information, such as an address, telephone number, or email address.
• A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act on behalf of the owner.

Send DMCA notices to:

[email protected]

Our designated DMCA agent is registered with the U.S. Copyright Office. For formal DMCA notices, contact our designated agent at the email address above.

We reserve the right to remove User Content alleged to be infringing without prior notice, at our sole discretion, and to terminate the accounts of repeat infringers.

8. Fees, Billing, and Payment

8.1 Fees and Payment

Aligned may offer certain features of the Service for free, while others may be available for a fee ("Fee"). All Fees are due in advance (unless otherwise specified) and are non-refundable unless otherwise stated in these Terms or required by Applicable Law. By using the paid features of the Service, you agree to the pricing, payment, and billing policies posted on the Service or otherwise provided to you.

8.2 Billing and Payment Processor

We use a third-party payment processor ("Payment Processor") to handle billing and payment. By choosing a paid plan, you agree to the Payment Processor's terms of service and privacy policy. You are responsible for keeping your payment information current, complete, and accurate.

Upon subscribing, you will receive a confirmation that includes the subscription details, the amount and frequency of charges, the next billing date, and instructions for cancellation.

8.3 Subscriptions; Auto-Renewal

If you purchase a subscription ("Subscription") to any part of the Service for a specified term (each a "Subscription Term"), it will automatically renew for successive terms of the same duration unless you cancel before the end of the current Subscription Term. By subscribing, you authorize Aligned (or our Payment Processor) to charge your payment method for each renewal term until you cancel. We will send you an annual reminder of your subscription terms, the upcoming renewal date, the renewal price, and instructions for cancellation. For Subscriptions with an initial term of one year or longer, this reminder will be sent at least fifteen (15) days but no more than forty-five (45) days before the renewal date.

8.4 Cancellation and Refunds

Cancellation. You may cancel your Subscription at any time through the Service's account settings, using the same online mechanism through which you subscribed. If you subscribed online, we will provide a direct online cancellation option that does not require you to contact us by email or phone. Your cancellation will take effect at the end of the current Subscription Term, and you will retain access to paid features until that date. We will send you a confirmation of your cancellation. We will also send you annual reminders of your subscription terms, renewal date, and cancellation instructions.

Refunds. Except as required by Applicable Law (including but not limited to the EU Consumer Rights Directive's cooling-off period) or otherwise specified in writing, paid Fees are non-refundable. If you cancel a Subscription mid-term, you will not receive a prorated refund for the remaining period, but you will continue to have access until the end of your current Subscription Term. If you are charged for a renewal after you have timely canceled, you are entitled to a full refund of such charge.

8.5 Price Changes

Aligned may change Fees upon at least thirty (30) days' prior written notice. Fee changes will take effect at the start of your next Subscription Term. If you do not agree to the new Fees, you may cancel your Subscription before the new Fees take effect. If we increase the price of your Subscription, you may cancel within fourteen (14) days of the first charge at the increased price and receive a pro-rata refund for the unused portion of the term.

8.6 Taxes

All Fees are exclusive of taxes. You are responsible for all applicable taxes (including sales tax, use tax, VAT, and GST) arising from your use of the Service, excluding taxes based on Aligned's net income. If Aligned is required to collect or remit taxes on your behalf, those taxes will be added to your invoice.

9. Privacy and Data Security

9.1 Privacy Policy

Your use of the Service is governed by our Privacy Policy, which describes how we collect, use, process, and store your information. By using the Service, you acknowledge that your information will be collected, used, processed, and stored as described in our Privacy Policy, subject to your rights under Applicable Law.

9.2 Security Measures

Aligned maintains commercially reasonable administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of your data, including encryption of data in transit and at rest. No method of electronic transmission or storage is completely secure, and we cannot guarantee absolute security.

9.3 Breach Notification

In the event of a security breach affecting your personal data, Aligned will notify you without undue delay and in any event within seventy-two (72) hours of becoming aware of the breach, to the extent required by Applicable Law, and will provide information about the nature of the breach and steps taken to address it.

9.4 Subprocessors

The Service uses third-party subprocessors, including AI model providers (such as OpenAI and Anthropic), cloud infrastructure providers, and payment processors, to deliver and support the Service. A current list of subprocessors is available upon request. We will provide at least thirty (30) days' notice before engaging a new subprocessor that processes your personal data.

9.5 Data Processing

To the extent Aligned processes personal data on your behalf (as a data processor), the parties agree to the terms of our Data Processing Addendum ("DPA"), which is available at aligned.tools/legal/dpa and is incorporated into these Terms by reference. The DPA addresses data processing instructions, subprocessor authorization, international data transfers (including Standard Contractual Clauses where required), and other obligations under applicable data protection laws including the GDPR and CCPA/CPRA.

9.6 Data Location and International Transfers

Your data is primarily stored and processed in the United States. If you are located outside the United States, your use of the Service involves the transfer of your data to the United States. We rely on appropriate transfer mechanisms (such as Standard Contractual Clauses or adequacy decisions) as required by Applicable Law.

9.7 California Privacy Rights

If you are a California resident, the California Consumer Privacy Act and California Privacy Rights Act (collectively, "CCPA") provide you with specific rights regarding your personal information, including rights of access, deletion, correction, and the right to opt out of the sale or sharing of your personal information. We do not sell or share your personal information as defined under the CCPA. Nothing in these Terms is intended to waive or limit your rights under the CCPA. For full details on your California privacy rights and how to exercise them, please refer to our Privacy Policy.

9.8 Data Deletion

You may request deletion of your personal data and User Content by contacting us at [email protected] or through the Service's account settings. Upon receiving a verified deletion request, we will delete your data in accordance with our Privacy Policy and Applicable Law, subject to any legal retention obligations. Upon termination of your account, you will have thirty (30) days to export your User Content through the Service. After this period, we may delete your User Content in accordance with our data retention policies.

10. Third-Party Services

The Service integrates with and may contain links to third-party platforms, websites, resources, and services ("Third-Party Services"), including but not limited to Atlassian JIRA, Slack, Google Workspace, and Microsoft Teams. By authorizing these integrations, you represent that you have the authority to grant Aligned access to your data on those platforms, and you agree to comply with the applicable terms of service of those Third-Party Services. Aligned does not endorse or assume any responsibility for any Third-Party Services and is not responsible for any changes, outages, or discontinuation of Third-Party Service APIs or features. If you access any Third-Party Services, you do so at your own risk and subject to the terms and conditions of those third parties.

AI Model Providers. The Service uses third-party AI model providers (such as OpenAI and Anthropic) to generate AI-powered features and Output. Your use of AI-generated Output is subject to the applicable provider's usage policies. These providers are contractually prohibited from using your data for model training. Aligned is not responsible for the accuracy, completeness, or reliability of AI model provider outputs, and you should not rely on AI-generated Output for decisions with legal, medical, financial, or other professional consequences without independent verification.

11. Release

You hereby release Aligned and its officers, directors, employees, agents, affiliates, and successors (collectively, the "Aligned Parties") from all claims, demands, damages, liabilities, and losses of every kind and nature, known and unknown, arising out of or in any way connected with any dispute between you and any other user or third party in connection with the Service.

If you are a California resident, you hereby waive California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

12. Indemnification

12.1 Your Indemnification

You agree to defend, indemnify, and hold harmless the Aligned Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorneys' fees) arising from:

• Your access to or use of the Service;
• Your User Content;
• Your violation of these Terms, including any breach of the restrictions in Section 3.2, the intellectual property provisions in Section 5, or the confidentiality obligations in Section 6;
• Your violation of any Applicable Law or any third-party right, including any claim of intellectual property infringement, misappropriation of trade secrets, or violation of proprietary rights;
• Any dispute you have with a third party.

12.2 Aligned Indemnification

Aligned will defend, indemnify, and hold you harmless from any third-party claim that the Service, as provided by Aligned and used in accordance with these Terms, infringes such third party's U.S. patent, copyright, or trade secret rights, and will pay any resulting damages awarded or settlement amounts agreed to. This obligation does not apply to claims arising from: (a) your User Content; (b) modifications to the Service not made by Aligned; (c) combination of the Service with non-Aligned products or services in a manner not contemplated by these Terms; or (d) your use of the Service in violation of these Terms.

12.3 Indemnification Procedures

The indemnified party must: (a) promptly notify the indemnifying party in writing of the claim; (b) grant the indemnifying party sole control of the defense and settlement of the claim (provided that the indemnifying party may not settle any claim in a manner that imposes liability on the indemnified party without the indemnified party's prior written consent); and (c) provide reasonable cooperation to the indemnifying party at the indemnifying party's expense. Failure to provide prompt notice will not relieve the indemnifying party of its obligations except to the extent it is materially prejudiced by the delay.

13. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALIGNED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALIGNED DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; NOR DOES ALIGNED MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE.

WITHOUT LIMITING THE FOREGOING, ALIGNED DOES NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY OUTPUT GENERATED BY THE SERVICE'S AI OR MACHINE LEARNING FEATURES. AI-GENERATED OUTPUT MAY CONTAIN ERRORS, FABRICATIONS, OUTDATED INFORMATION, OR CONTENT THAT REPRODUCES THIRD-PARTY COPYRIGHTED OR TRADEMARKED MATERIAL. THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT, AND YOU ARE SOLELY RESPONSIBLE FOR EVALUATING, VERIFYING, AND INDEPENDENTLY CONFIRMING ANY AI-GENERATED OUTPUT BEFORE RELYING ON IT FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO LEGAL, MEDICAL, FINANCIAL, OR EMPLOYMENT-RELATED DECISIONS.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE ALIGNED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, OR USE, OR LOSS OF DATA, WHETHER BROUGHT UNDER THEORY OF CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ALIGNED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALIGNED'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID TO ALIGNED FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT OR ONE HUNDRED DOLLARS ($100).

THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO: (A) YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 12; (B) YOUR BREACH OF SECTIONS 3.2 (RESTRICTIONS), 5 (INTELLECTUAL PROPERTY), OR 6 (CONFIDENTIAL INFORMATION; TRADE SECRETS); (C) YOUR INFRINGEMENT OR MISAPPROPRIATION OF ALIGNED'S INTELLECTUAL PROPERTY RIGHTS OR TRADE SECRETS; OR (D) EITHER PARTY'S WILLFUL MISCONDUCT OR FRAUD.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. Governing Law; Dispute Resolution; Arbitration Agreement

15.1 Governing Law; Jurisdiction

These Terms and any dispute or claim arising out of or in connection with these Terms will be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict-of-law principles.

15.2 Informal Dispute Resolution

Before initiating any arbitration or other dispute resolution procedure, you and Aligned agree to attempt to resolve any dispute informally for at least sixty (60) days. To initiate this process, you must send a written notice of dispute to [email protected] that includes: (a) your name and email address associated with your account; (b) a detailed description of the dispute; (c) the specific relief sought; and (d) your personal signature (not the signature of counsel). If the dispute is not resolved within sixty (60) days of Aligned's receipt of the notice, either party may proceed to arbitration under Section 15.3.

15.3 Arbitration Agreement and Class Action Waiver

READ THIS SECTION CAREFULLY. It requires you and Aligned to arbitrate certain disputes and claims and limits the manner in which you can seek relief from us.

Mandatory Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service (including any question regarding the existence, validity, or termination of these Terms) will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures (for claims under $250,000) or its Comprehensive Arbitration Rules and Procedures (for claims of $250,000 or more), in a location mutually agreed upon, or if no agreement, in Delaware. If you initiate arbitration, your share of JAMS fees shall not exceed two hundred fifty dollars ($250) (or the then-current maximum consumer filing fee under the JAMS Consumer Minimum Standards). Aligned will pay all remaining JAMS filing, administration, and arbitrator fees. If Aligned initiates arbitration against you, Aligned will pay all JAMS fees. If the arbitrator finds that your claim was brought in good faith, Aligned will reimburse your filing fee upon request.

Class Action/Jury Trial Waiver. ALL CLAIMS WILL BE BROUGHT ON AN INDIVIDUAL BASIS, AND YOU HEREBY WAIVE ANY RIGHT TO A CLASS ACTION OR JURY TRIAL.

This class action waiver does not apply to claims for public injunctive relief to the extent such waiver is unenforceable under applicable law (including California law under McGill v. Citibank, N.A.), or to claims arising under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (9 U.S.C. 401-402).

15.4 Exceptions; Injunctive Relief for IP Violations

Nothing in this Section 15 will be deemed to: (a) waive, preclude, or otherwise limit the right of either party to seek temporary or preliminary injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration; or (b) limit your rights to litigate a dispute in small claims court in the county of your residence (or, for Aligned, in New Castle County, Delaware), to the extent the claim qualifies under applicable small claims court rules.

Equitable Relief for IP Violations. You acknowledge that any breach or threatened breach of Sections 3.2 (Restrictions), 5 (Intellectual Property), or 6 (Confidential Information; Trade Secrets) would cause irreparable harm to Aligned for which monetary damages alone would be an inadequate remedy. You agree that this acknowledgment constitutes evidence of irreparable harm, and Aligned shall be entitled to seek temporary, preliminary, and permanent injunctive relief, specific performance, or other equitable remedies from any court of competent jurisdiction, in addition to any other remedies available at law or in equity. Each party agrees not to contest any request to waive any bond or security requirement in connection with such relief, to the extent permitted by applicable law. Aligned's right to seek permanent injunctive relief for IP violations is not subject to the arbitration provision in Section 15.3. Any court proceedings under this Section 15.4 shall be brought exclusively in the state or federal courts located in New Castle County, Delaware.

15.5 Opt-Out

You may opt out of the arbitration agreement in Section 15.3 by sending written notice to [email protected] within thirty (30) days of the date you first accept these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, the remaining provisions of these Terms (including the class action waiver to the extent permitted by Applicable Law) will continue to apply. Opting out of the arbitration agreement will not affect any other aspect of these Terms or your relationship with Aligned. If we materially modify the arbitration provision in Section 15.3, you will have a new thirty (30) day opt-out period from the effective date of the modified Terms.

15.6 Mass Arbitration Procedures

If twenty-five (25) or more similar arbitration demands are filed against Aligned within a sixty (60) day period ("Mass Arbitration"), the following procedures apply: (a) JAMS will randomly select ten (10) claims to proceed as bellwether arbitrations; (b) all other claims will be stayed pending resolution of the bellwether arbitrations, and applicable statutes of limitations will be tolled during the stay; (c) the bellwether arbitrations will proceed concurrently (not sequentially); (d) after the bellwether arbitrations are resolved, the parties will participate in a mandatory global mediation to attempt to resolve all remaining claims based on the bellwether outcomes; (e) if mediation does not resolve all remaining claims, they will proceed in batches of twenty (20); and (f) if bellwether proceedings are not completed within twelve (12) months of selection, any stayed claimant may withdraw from arbitration and pursue their claim in court. Each claimant in a Mass Arbitration must submit an individualized notice of claim containing the information specified in Section 15.2.

16. U.S. Government Restricted Rights

If the Service is being used by or on behalf of the U.S. Government, the Service will be deemed "commercial computer software" or "commercial computer software documentation," as applicable. Government end users acquire the Service with only those rights set forth herein.

17. Export Controls

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country that is subject to U.S. government sanctions or designated as a "terrorist supporting" country, and you are not listed on any U.S. government list of prohibited or restricted parties.

18. Miscellaneous

18.1 Assignment

You may not assign or transfer these Terms or your rights or obligations hereunder without Aligned's prior written consent. Aligned may assign or transfer these Terms without restriction.

18.2 Changes to These Terms

We may update these Terms from time to time. For material changes, we will provide at least thirty (30) days' advance notice by posting the revised Terms on our website and sending an email to the address associated with your User Account. For non-material changes, we will post the revised Terms on our website. By continuing to use the Service after the revised Terms become effective, you agree to be bound by the updated Terms. If you do not agree to the revised Terms, you must stop using the Service before the effective date.

For material changes to billing terms, subscription pricing, or automatic renewal provisions, we will obtain your express affirmative consent before such changes take effect. If we are unable to obtain your consent, your existing subscription terms will continue until the end of your current Subscription Term.

18.3 Entire Agreement

These Terms, together with any other agreements or policies incorporated by reference, constitute the entire agreement between you and Aligned concerning the subject matter hereof and supersede any prior agreements.

18.4 No Waiver

Any delay or failure by Aligned to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

18.5 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and all other provisions will remain in full force and effect.

18.6 Survival

The following Sections will survive any termination or expiration of these Terms: 4.2 (Ownership and License of Your User Content), 4.4 (Warranties Regarding User Content), 5 (Intellectual Property), 6 (Confidential Information; Trade Secrets), 7 (DMCA Copyright Policy), 8 (to the extent of accrued payment obligations), 9 (Privacy and Data Security), 11 (Release), 12 (Indemnification), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Governing Law; Dispute Resolution; Arbitration Agreement), 17 (Export Controls), and 18 (Miscellaneous).

18.7 Notices

All notices required or permitted under these Terms must be in writing and will be deemed given when: (a) delivered personally; (b) sent by confirmed email; or (c) sent by nationally recognized overnight courier, to the email address associated with your User Account (for notices to you) or to [email protected] (for notices to Aligned). Aligned may also provide notices by posting them on the Service, which will be effective upon posting.

18.8 Force Majeure

Aligned will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, natural disasters, epidemic or pandemic, labor disputes, governmental actions, sanctions or embargoes, power failures, Internet disturbances, cyberattacks or cybersecurity incidents, cloud infrastructure provider outages, third-party AI model provider outages or discontinuations, changes in applicable law that make performance unlawful, or other acts of third parties.

18.9 Electronic Communications

You consent to receive communications from Aligned electronically, including by email and through the Service. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

18.10 Headings; Interpretation

Section headings are for convenience only and shall not affect the interpretation of these Terms. As used in these Terms, "including" means "including without limitation."

18.11 Contact Us

If you have any questions or concerns about these Terms or the Service, please contact us at:

[email protected]