Terms of Service

Last updated: May 13, 2026

Effective: May 13, 2026

These Terms of Service ("Terms") govern your use of the Aethyr application, website, and related services (collectively, the "Services") provided by Aethyr Research LLC ("Aethyr," "we," "us," or "our"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

For enterprise customers operating under a separate written agreement with Aethyr, that agreement governs where it conflicts with these Terms.

1. Acceptance of Terms

By creating an account, downloading the app, or using any part of the Services, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Eligibility

To use the Services, you must:

• Be at least 17 years of age.
• Be legally capable of forming a binding contract in your jurisdiction.
• Not be located in, or a national or resident of, any country subject to U.S. Office of Foreign Assets Control (OFAC) sanctions, including but not limited to Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine.
• Not appear on any U.S. government denied-parties list.

3. Your Account

You are responsible for providing accurate information when creating your account and for maintaining the security of your account credentials. You are responsible for all activity that occurs under your account. If you believe your account has been compromised, contact us immediately at support@aethyrresearch.com.

You may delete your account at any time through the in-app flow: Settings → Account → Delete Account. See our Privacy Policy for details on what happens when you delete your account.

4. Acceptable Use

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party rights.
• Engage in illegal activity of any kind.
• Transmit malware, viruses, or other harmful code.
• Attempt to gain unauthorized access to other users' accounts or data.
• Abuse voice or agent features to harass, threaten, or harm others.
• Use the Services to develop weapons, conduct surveillance without authorization, or facilitate human rights abuses.
• Circumvent rate limits, access controls, or other technical restrictions for malicious purposes.

Good-faith security research is permitted and encouraged. If you discover a vulnerability, please report it to security@aethyrresearch.com and we will work with you to resolve it. We do not pursue legal action against researchers who follow responsible disclosure practices.

5. License Grant

Subject to your compliance with these Terms, Aethyr grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services on devices you own or control. This license does not include the right to sublicense, modify, distribute, or create derivative works of the Services.

6. Intellectual Property

Aethyr and its licensors own all rights, title, and interest in and to the Services, including all software, algorithms, designs, trademarks, and documentation.

You retain ownership of all content you create through the Services, including conversations, agent configurations, and other user-generated content ("Your Content"). By using the Services, you grant Aethyr a limited license to process Your Content solely to provide and improve the Services. We do not use Your Content to train AI models for other customers.

7. Voice Content

Voice processing in Aethyr happens on hardware you control. Speech-to-text runs locally on your device or your self-hosted voice server — audio is never transmitted to Aethyr servers or third-party cloud services. You are responsible for any content created through voice interaction, just as you are for typed content.

8. AI-Generated Content

The Services use artificial intelligence to generate responses, suggestions, and other outputs. AI-generated content may be inaccurate, incomplete, or misleading. You are responsible for reviewing and verifying any AI output before relying on it, especially for decisions affecting health, safety, legal matters, or finances. Aethyr is not liable for errors, omissions, or inaccuracies in AI-generated content.

9. Subscription and Billing

The Aethyr mobile application is currently available at no cost. If we introduce paid features or subscription plans in the future, we will provide advance notice and updated terms. Any in-app purchases through the Apple App Store are subject to Apple's payment terms.

10. Export Compliance

The Services may incorporate cryptographic technology subject to U.S. Export Administration Regulations (EAR). By using the Services, you represent and warrant that:

• You are not located in an embargoed country (currently Cuba, Iran, North Korea, Syria, and specified regions of Ukraine).
• You are not on any U.S. government denied-parties or restricted-parties list.
• You will not export, re-export, or transfer the Services in violation of U.S. export control laws.
• You understand that Aethyr incorporates post-quantum cryptographic algorithms classified under EAR 5D992.c with license exception eligibility under §740.17(b)(1).

11. Termination

We may suspend or terminate your access to the Services if you breach these Terms, if required by law, or if we reasonably believe your use poses a risk to the security or integrity of the Services. We will provide notice when feasible.

You may terminate your use of the Services and delete your account at any time through the in-app deletion flow. Upon termination, your license to use the Services ends immediately. Provisions that by their nature should survive termination (including intellectual property, limitation of liability, and dispute resolution) will survive.

12. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, AETHYR DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF AI-GENERATED OUTPUT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AETHYR'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO AETHYR IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

IN NO EVENT SHALL AETHYR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.

14. Indemnification

You agree to indemnify and hold harmless Aethyr Research LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your misuse of the Services, your violation of these Terms, or your violation of any third-party rights.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Utah, USA, without regard to its conflict of law provisions. Nothing in these Terms limits your consumer protection rights under the mandatory laws of your jurisdiction that cannot be waived by contract.

16. Dispute Resolution

If a dispute arises, we encourage you to contact us first at legal@aethyrresearch.com so we can attempt to resolve it informally. Most concerns can be resolved this way.

If informal resolution is not successful within 60 days, either party may pursue binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration will take place in Salt Lake City, Utah, unless both parties agree to a different location or virtual proceedings. The arbitrator's decision is final and binding, and judgment may be entered in any court of competent jurisdiction.

Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm, without the requirement to first pursue arbitration.

17. Class Action Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND AETHYR AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. If this waiver is found unenforceable, the entirety of this arbitration provision shall be void.

18. Changes to These Terms

We may update these Terms from time to time. For material changes, we will provide at least 30 days' notice via email or in-app notification before the new terms take effect. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. If you do not agree to the changes, you should stop using the Services and delete your account.

19. Apple App Store

If you access the Services through the Apple App Store, Apple's Licensed Application End User License Agreement ("Apple EULA") applies in addition to these Terms. In the event of a conflict between these Terms and the Apple EULA with respect to your use of the iOS application, the Apple EULA prevails. Apple has no obligation to provide maintenance or support for the Services. Apple is not responsible for any product warranties, whether express or implied. Apple is not responsible for addressing any claims relating to the Services or your use of the Services.

20. Contact

If you have questions about these Terms: