Who these Terms cover

The Services are for businesses, and you must have authority to accept these Terms for yours.

The Services are for business use. By creating an account, starting a trial or using the Services, you agree to these Terms. If you're accepting on behalf of a company, you confirm you have authority to bind it, and "you" means that company. You must be at least 18.

If you and ÆTHR have signed a separate agreement or order form, that document controls where it conflicts with these Terms.

Accounts

You'll give us accurate account information and keep it current. You're responsible for keeping your login details and API keys secure, and for all activity under your account, including activity by your users and by any AI assistant you connect. Tell us right away at team@theaethr.ai if you suspect unauthorized access.

Free trial

Try ÆTHR free, with no credit card. When the trial ends, access stops unless you subscribe.

We may offer a free trial of the Services for 14 days. No credit card is required. Trial features may be limited. When the trial ends, your access ends unless you subscribe. We may change or end trial offers at any time. Trials are provided as they are, without any service commitments.

Using the Services

You may use the Services for your internal business purposes and to provide services to your own customers, in line with these Terms and any order form. You won't:

  • Break any law, or infringe anyone's rights.
  • Upload data you don't have the right to share, or personal information about car shoppers unless your agreement with us covers it.
  • Upload malware or anything harmful.
  • Try to get around security, access limits or rate limits.
  • Copy, resell or reverse engineer the Services, except where the law allows it despite this restriction.
  • Use the Services to build a competing product.
  • Use the Services in a way that harms ÆTHR, our customers or our partners.

Your data

Your data stays yours. We never sell it, and we only send it where you tell us, or to your approved recipients.

You own your data. "Customer Data" means the inventory data and other content you or your systems send to the Services. As between you and ÆTHR, you own all Customer Data.

What we store. Customer Data is inventory data. It doesn't include personal information about car shoppers or other individuals, and you agree not to send us any. We store Customer Data to provide the Services.

We never sell it. ÆTHR will never sell Customer Data.

Our permission to use it. You give ÆTHR a limited permission to host, copy, process, transform, enrich and transmit Customer Data only to provide, secure and support the Services for you, and to improve them. We may also create aggregated or de-identified statistics that don't identify you, your dealerships or any person, and use them to improve the Services.

Where it goes. ÆTHR is self-serve. You set up the connectors and feeds that send Customer Data to the recipients you approve, such as website providers, marketplaces, agencies, technology partners or AI assistants. Setting up a connector or feed is your instruction to send that data, and we send Customer Data only through the connectors and feeds you set up. Once data reaches a recipient you've approved, that recipient's own terms govern how it's used.

Getting your data out. You can send your Customer Data anywhere you choose, at any time, by setting up a feed or connector. That's how the Services work, so there's no separate export.

Your responsibilities. You confirm you have the rights and permissions needed for us to access your systems and process Customer Data, including any approvals from your dealer management system and inventory providers.

Personal information. If Customer Data includes personal information, we'll process it only on your instructions and as described in our Privacy Policy and our data processing agreement.

Website verification and corrections

If you use our website verification and correction feature, you authorize ÆTHR to install code on your website, read what's displayed there, compare it with your Customer Data, and push corrections to your website within the settings you choose.

You stay responsible for what your website and listings display, including prices, incentives, disclosures and compliance with advertising and consumer protection laws. ÆTHR helps keep your data consistent. It doesn't provide legal or compliance advice, and it doesn't guarantee that any listing complies with the law.

API access

If we give you API access, keep your keys confidential and use them only for your account. We may set rate limits and usage limits, and suspend keys that are misused or put the Services at risk.

AI assistants and the ÆTHR connector

Your AI acts on your instructions, with your access. You're responsible for what you ask it to do.

You can connect a third-party AI assistant to ÆTHR through our connector. When you do:

  • The assistant uses your account access. It can read and change data only where you can.
  • Actions the assistant takes, including changes to data and re-running feeds or exports, are taken on your behalf and are your responsibility. Review what you ask it to do.
  • AI assistants can make mistakes. ÆTHR isn't responsible for an AI assistant's outputs or for actions taken on your instructions.
  • The AI provider's own terms and privacy policy apply to your use of their assistant and to the data it receives.
  • We log requests and actions made through the connector.

Third-party services

The Services connect to third-party systems, such as dealer management systems, inventory tools, website providers, marketplaces, ad platforms and AI assistants. We don't control them and aren't responsible for their availability, accuracy or changes. Changes by a third party can affect what the Services can do.

Fees and payment

After a trial, paid plans are billed automatically through our payment provider, Stripe, as stated in your order form or plan. Stripe stores your payment details under its own security standards. ÆTHR doesn't store card or bank details. Fees are non-refundable except where the law or your order form says otherwise, and don't include taxes, which you'll pay. We may change fees with at least 30 days' notice, effective at your next renewal.

Intellectual property

ÆTHR owns the Services, including our software, data models, mapping logic, designs and brand. These Terms don't transfer any of it to you. If you send us feedback or suggestions, we can use them without owing you anything.

Confidentiality

Each of us will protect the other's confidential information with at least reasonable care, use it only to perform under these Terms, and share it only with people who need to know and are bound to keep it confidential. This doesn't apply to information that's public, already known, independently developed or lawfully received from someone else, or that the law requires us to disclose.

Privacy

Our Privacy Policy explains how we handle personal information. Our data processing agreement applies to personal information we process on your behalf.

Disclaimers

We work hard to keep your data right, but we can't guarantee the data other systems send us.

We'll provide the Services with reasonable skill and care. Except as stated in these Terms or an order form, the Services are provided "as is" and "as available." To the extent the law allows, we disclaim all other warranties, including merchantability, fitness for a particular purpose and non-infringement.

The Services work with data from your systems and from third parties. We don't guarantee that source data is complete or accurate, that the Services will catch every error, or that the Services will be uninterrupted. Nothing in the Services is legal, compliance or financial advice.

Limitation of liability

To the extent the law allows:

  • Neither of us is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill.
  • Each party's total liability under these Terms is limited to the fees you paid ÆTHR in the 12 months before the claim. For trials and free use, ÆTHR's total liability is limited to $100.
  • These limits don't apply to your payment obligations, to either party's breach of confidentiality, or to liability the law doesn't allow us to limit.

Indemnity

You'll defend and indemnify ÆTHR against third-party claims arising from your Customer Data, your use of the Services in breach of these Terms, or actions taken by an AI assistant on your instructions.

Suspension and termination

You can cancel at any time. If you cancel, you can keep using the Services until the end of your current subscription term, and your plan won't renew. We may suspend or end your access if you breach these Terms, don't pay, or put the Services or others at risk. We'll give notice where reasonable. When access ends, your right to use the Services stops. We delete stored Customer Data within 30 days, and handle your account information as described in our Privacy Policy. Sections that by their nature should survive will survive.

Changes to these Terms

We may update these Terms. We'll post the new version with a new "Last updated" date, and give account holders at least 30 days' notice of material changes by email. If you keep using the Services after changes take effect, you accept them.

Governing law and disputes

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada that apply there, without regard to conflict-of-law rules. Disputes will be resolved in the courts of Edmonton, Alberta, unless the law where you're located gives you the right to bring a claim locally.

Language. These Terms are available in English only. We don't offer a French version at this time.

General

  • Entire agreement. These Terms, plus any order form and the policies referenced here, are the whole agreement between us about the Services.
  • Assignment. You can't transfer these Terms without our written consent. We may transfer them as part of a merger, acquisition or sale of assets.
  • Force majeure. Neither of us is liable for delays caused by events beyond reasonable control.
  • Severability. If any part is unenforceable, the rest stays in effect.
  • No waiver. Not enforcing a right isn't a waiver of it.
  • Relationship. We're independent contractors.
  • Notices. We'll send notices to your account email. Send notices to us at legal@theaethr.ai.

Contact

LiftKit Web Solutions Ltd., dba ÆTHR™
118 Lakeview Crescent, Beaumont, AB T4X 1T4
US mailing address: 1121 Dallas Drive, Denton, Texas 76210
legal@theaethr.ai

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