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Terms and conditions

Effective date: July 25, 2025

Governing entity: Atheer, Inc., a delaware corporation with its principal place of business in California, United States.

These Terms and conditions (“Terms”) govern the use of all software, services, and deliverables (“Services”) provided by Atheer, Inc. (“Atheer”, “we”, “our”, or “us”) to the client, customer, or user (“Customer”, “you”, or “your”) in connection with any signed agreement, statement of work, proposal, or other commercial engagement (collectively, the “Agreement”).

By signing an agreement with Atheer or accessing our services, you acknowledge and agree to these terms.

1. Scope of services

Atheer provides access to the Atheer connected worker and work execution platform and related services including, but not limited to, onboarding, training, configuration, integrations, and support. All services will be defined in a mutually executed agreement. Changes in scope must be agreed in writing and may affect timelines and pricing.

2. Fees and payment

Unless otherwise specified in an agreement:

  • All prices are in U.S. Dollars and exclusive of taxes.
  • Invoices are payable within thirty (30) days of receipt.
  • A 1.5% monthly late fee (or the maximum permitted by law) applies to overdue balances.
  • Customer is responsible for all taxes, levies, or duties imposed by taxing authorities.

3. Intellectual property

Atheer retains all ownership and intellectual property rights to its software, platform, documentation, and proprietary processes. Customer may not copy, modify, reverse engineer, or sublicense any part of the Atheer Platform unless expressly authorized in writing.

4. Confidentiality

Both parties agree to maintain the confidentiality of all proprietary and non-public information exchanged under the agreement. This includes, but is not limited to, pricing, product architecture, customer data, and implementation strategies. Confidentiality obligations will survive termination of the agreement.

5. Customer data

Customer retains ownership of all data submitted to the Atheer platform. Atheer will not use or access customer data except to deliver the services or as required by law. All customer data is handled in accordance with our privacy policy and applicable data protection laws.

6. Warranties and disclaimers

Atheer warrants that it will perform services in a professional and workmanlike manner. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

7. Limitation of liability

To the maximum extent permitted by law, Atheer’s total liability under any agreement shall not exceed the amount paid by customer in the preceding twelve (12) months. Atheer shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of revenue, profits, or data.

8. Termination

Either party may terminate the agreement for cause with thirty (30) days’ written notice if the other party materially breaches the Agreement and fails to cure within that time. Upon termination, all outstanding fees become immediately due and payable.

9. Force majeure

Neither party shall be liable for delays or failure to perform due to causes beyond its reasonable control, including natural disasters, labor disputes, government actions, internet outages, or acts of war or terrorism.

10. Governing law

These terms and any related agreement shall be governed by and construed in accordance with the laws of the State of Calirfornia, without regard to its conflict of law principles.

11. Entire agreement

These terms, along with any executed agreement or statement of work, constitute the entire understanding between the parties and supersede all prior agreements, communications, or representations.

If you have any questions regarding these terms and conditions, please contact support@atheerair.com.

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