Terms of Service

1. The agreement

These Terms of Service (the Terms) are a legally binding agreement between you, the company or person accessing AethelLayer (you, Customer), and AethelLayer (we, us, the Company). They cover the website, the probe, the SDK, the CLI wrapper, the API middleware, the inbox, ticket drafts, pilots, and any related software or support (the Service).

By visiting the website, creating an account, installing a probe, sending a payload, paying an invoice, or clicking accept, you agree to these Terms, the Privacy Policy, Cookie Policy, Acceptable Use Policy, DPA, Cancellation and Refunds policy, and Disclaimer. If you accept for a company, you warrant you have authority to bind it. If you do not, you are personally jointly and severally liable for every obligation below.

We may update these Terms at any time by posting. Security, AUP, and billing-integrity changes are effective immediately. Other material changes are effective 7 days after posting, or immediately for new accounts. Continued use is acceptance. If you do not agree, stop using the Service before the effective date. We do not refund prepaid fees because you dislike a change, except where a non-waivable law requires otherwise. Your exclusive remedy is to stop using the Service.

2. What we provide, and what we do not promise

The Service helps you capture developer-facing failures in CLIs, SDKs, and APIs, talk to the person in that moment, and draft tickets. It is a research and workflow tool. It is not a substitute for your own monitoring, legal review, security program, or support process.

• We do not warrant that every error will be captured, classified, or drafted.
• We do not warrant uninterrupted, error-free, or attack-proof operation.
• We do not warrant that drafts are accurate, complete, non-infringing, or fit to file without your review.
• Beta, preview, and design-partner features are provided as is, may disappear, and may have no SLA.
• Advice, suggested fixes, and taxonomy labels are machine-assisted. You own the decision to ship them.

THE SERVICE IS PROVIDED AS IS AND AS AVAILABLE. TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

3. Your license, and the license you grant us

Subject to these Terms and timely payment, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to install the probe in systems you own or control, and to use the inbox for your internal business. You do not get any other license. You do not get our trademarks, models, prompts, ranking systems, or source.

You grant us a worldwide, perpetual, irrevocable, royalty-free license to host, copy, parse, transmit, display, and process Customer Data to run the Service, prevent abuse, meet law, and produce aggregated or de-identified metrics and models that do not identify you or your developers. The operational license survives for backups, security logs, and legal holds after you leave, for as long as we reasonably keep them. Feedback, suggestions, and prompt text you send us are ours to use without attribution or payment.

Customer Data means error payloads, stack traces, commands, runtime metadata, messages, ticket drafts, integration tokens you connect, and anything else you or the probe send us. You represent that you have all rights needed to send it, including notices to developers who hit the probe, and that it does not include secrets you are not allowed to process.

4. Stack traces, secrets, and your mess

Probes capture what is on the failing path. If your CLI prints an API key, a JWT, a customer email, or source, that may land in a thread. That is your configuration problem, not a defect in the Service. You will not send us card data, government IDs, passwords, or special category data unless a written addendum says otherwise. If you do, you do it at your own risk and you indemnify us for it.

You are responsible for access control in your workspace, for rotating keys, for who you invite, and for every ticket you approve. We are not your DPO, your counsel, or your on-call rotation.

5. Acceptable use

You will not, and will not let others:

• Probe products you do not have the right to instrument.
• Use the Service to spam, phish, stalk, or socially engineer developers.
• Reverse engineer, scrape, or load-test the Service except as we agree in writing.
• Circumvent caps, meters, or the approval step that stops auto-publish of tickets.
• Resell, white-label, or run the Service as a bureau for unrelated third parties without a partner agreement.
• Upload malware, or attempt to access another customer workspace.
• Use outputs to train a competing model or probe product.

We may investigate, throttle, suspend, or terminate immediately, without prior notice and without refund, if we believe you broke this section, created legal or reputational exposure, threatened the Service, or simply because continuing to serve you is not in our interest. We are not required to restore data after a termination for cause.

6. Fees, auto-renew, and no casual refunds

Paid plans start at $99 per month. You can pay monthly or yearly. Yearly is billed as ten months up front. Design partner pilots are a separate one-time fee. Prices on the site at checkout control, unless an order form says otherwise. Taxes are extra. Overages, extra probes, and premium support are billed when incurred. You may not set off, withhold, or condition fees on a dispute.

Subscriptions auto-renew for the same term until you cancel in the workspace or by written notice that we actually receive before the renewal date. Canceling stops the next charge. It does not refund the current term. ALL FEES ARE NON-REFUNDABLE AND NON-CREDITABLE except duplicate charges we caused or a non-waivable law. Chargebacks opened before you email billing@aethellayer.com are a material breach. We may suspend immediately and recover the chargeback, our processor fees, and collection costs.

We may change list prices for a renewal term with at least 30 days notice. If you do not cancel, the new price applies. Unpaid invoices may accrue 1.5% per month or the maximum allowed by law, whichever is less, and we may suspend the Service.

7. Tickets, integrations, and human send

Drafts for GitHub, Linear, and similar tools do not publish unless a human in your workspace confirms. If you connect an integration with a token that can write issues, you authorize us to write only after that confirmation. You are the publisher. If a draft is wrong, biased, incomplete, or embarrassing, that is still your send.

8. Confidentiality

Each side will keep the other side's non-public information confidential and use it only to perform under these Terms. Exceptions: information that is public without fault, independently developed, rightfully received from a third party, or required by law (with notice if legal). We may name you as a customer unless an order form says we cannot. You will not issue a press release about us without our written OK.

9. Indemnity (you cover us)

You will defend, indemnify, and hold harmless AethelLayer, its officers, contractors, and affiliates from claims, damages, and reasonable legal fees arising out of: Customer Data; your SDK, product, or developers; your misuse of the Service; your violation of law or these Terms; or a ticket you approved — including our reasonable attorneys’ fees. We will notify you promptly. You will not settle a claim that admits our fault or imposes a non-monetary obligation on us without our written consent. If you fail to assume the defense, we may defend ourselves at your expense.

We will defend you against a third-party claim that the unmodified Service, as we provide it, directly infringes a US patent or copyright, and pay damages finally awarded, if you notify us promptly and let us control. We may replace, modify, or terminate the Service with a refund of prepaid unused fees. We have no duty for claims that come from Customer Data, combinations, or your refusal of a fix we offer. THIS IS YOUR ONLY REMEDY FOR INFRINGEMENT.

10. Liability cap

TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.

OUR TOTAL LIABILITY FOR EVERYTHING RELATED TO THE SERVICE AND THESE TERMS IS CAPPED AT THE FEES YOU ACTUALLY PAID US FOR THE SERVICE IN THE THREE (3) MONTHS BEFORE THE CLAIM. IF YOU ARE ON A FREE, DEMO, TRIAL, OR UNPAID USE, THE CAP IS FIFTY US DOLLARS ($50). THESE LIMITS APPLY IN THE AGGREGATE TO ALL CLAIMS AND ALL THEORIES, INCLUDING CONTRACT, TORT, AND STATUTE. THEY ARE A BASIS OF THE BARGAIN. THE SERVICE WOULD COST MORE WITHOUT THEM. YOU WAIVE CLAIMS FOR MISSED CAPTURES, DROPPED EVENTS, WRONG TAXONOMY, AND MODEL OUTPUT.

11. Term and termination

These Terms start when you first use the Service and continue until terminated. You may terminate for convenience at the end of a paid term by canceling before renewal. We may terminate for convenience or for cause at any time, including non-pay, abuse, legal risk, or inactivity. On termination your license ends immediately. You will stop probes. You may export what the product then lets you export within 15 days if the account was not terminated for cause. After that we may delete Customer Data except security logs, abuse records, and records we must keep. We have no SLA and no uptime credits. Sections 3 through 13 survive.

12. Governing law, venue, and class waiver

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law rules, except that the Federal Arbitration Act governs arbitration. Except for small claims or injunctive relief to protect IP or the Service, any dispute will be resolved by binding individual arbitration in Wilmington, Delaware, under JAMS rules. The arbitrator may not award relief for anyone but the named parties.

YOU AND WE WAIVE ANY RIGHT TO A JURY AND ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. IF THIS WAIVER IS FOUND UNENFORCEABLE FOR A CLAIM, THAT CLAIM MUST PROCEED IN COURT, NOT IN ARBITRATION, AND THE REST OF THIS SECTION STILL APPLIES.

13. Other

These Terms, the order form, and the policies they point to are the whole agreement. They beat prior pitches and decks. Incorporated policies include the Privacy Policy, Cookie Policy, Acceptable Use Policy, Data Processing Addendum, Cancellation and Refunds policy, and Disclaimer. If a section is unenforceable, the rest stays. We may assign to an affiliate or in a sale of the business. You may not assign without our written consent. Failure to enforce is not a waiver. Notices to us go to legal@aethellayer.com. Notices to you go to the admin email on the account. The Service may be restricted where law requires. You will not use it in violation of export rules. There are no third-party beneficiaries. Headings are for convenience only.

WE PROVIDE NO SERVICE LEVEL AGREEMENT. Marketing pages, demos, and “how it works” copy are illustrations, not warranties. Preparing for SOC 2 is not certification. If a conflict exists between marketing and these Terms, these Terms win.