End User License Agreement

This End User License Agreement ("Agreement") is a legally binding contract between you and Altitude Robots, Inc. (DBA Altitude AI) ("Altitude AI," "us," "we," or "our") regarding your use of the Service (as defined in Section 2). References to "Customer", "you", and "your" refer to the individual, company, or other entity that accepts the Agreement, by executing an ordering document provided to you by us, placing an Order using online functionality Altitude AI makes available like clicking a box, or otherwise affirmatively accepting the Agreement through another means Altitude AI offer you. The date of such acceptance is the "Effective Date." If the Service is being used on behalf of a company or other entity by an individual authorized to accept this Agreement on its behalf, then all references to "Customer," "you," or "your" refer to the company or other entity. If you are a company or other entity, the individual accepting this Agreement on your behalf represents and warrants that they have authority to bind you to this Agreement. If you are not eligible, or do not agree to the terms and conditions of the Agreement, then you do not have our permission to use the Service. Your use of and our provision of the Service to you, constitutes an Agreement by Altitude AI and by you to be bound by this Agreement.

1. Defined Terms. Certain capitalized terms used in this Agreement are defined in Section 14 (Definitions) and others are defined contextually in this Agreement.
2. Overview. Altitude AI offers a Windows application designed to revolutionize industrial automation by transforming specifications, drawings, and requirements into complete industrial systems. The platform utilizes a state-of-the-art AI model that leverages over 200 proprietary tools, spanning from rung and routine construction to inverse kinematics and schematic analysis. This technology enables users to develop comprehensive automation solutions including PLC programming, HMI integration, robot control, documentation generation, and integration with various industrial automation platforms. By streamlining the design and programming of industrial systems, Altitude AI empowers users to automate complex tasks with unprecedented speed and efficiency (collectively, the "Service").
3. The Service.
   1. Permitted Use. Subject to the terms and conditions of this Agreement and each Order, Altitude AI will make the Service available to Customer and, if Customer is a company or entity, to Customer's Users during the Subscription Term. Customer may use the Service in accordance with any documentation that may be provided by Altitude AI, this Agreement, and any limitations set forth in an Order.
   2. Remote App. During the Subscription Term, Altitude AI grants Customer a limited, non-transferable, revocable, non-exclusive, non-sublicensable license for its Users to download Altitude AI's Remote App onto a single Supported Device and use it to access and use the Service. Customer and its Users are responsible for installing all updates that Altitude AI provides or makes available for download to the Remote App. The Service may only be used for a single Supported Device. If Customer wishes to transfer the license to a different Supported Device, Customer must contact Altitude AI for assistance.
   3. Access. To access the Service, Customer will be provisioned a license key to the Remote App. Only Users may access and use the Service. Customer is responsible for its Users' compliance with this Agreement. Customer will promptly notify Altitude AI if it becomes aware of any compromise of access to the Service. Customer represents and warrants to Altitude AI that: (a) it has not previously been suspended or removed from the Service; and (b) its registration and use of the Service is in compliance with all Laws.
   4. Restrictions. Customer will not (and will not permit its Users or anyone else to) do any of the following: (a) distribute, sell, or sublicense the Service to a third party (other than Users); (b) use the Service to develop a similar or competing product or service; (c) reverse engineer, decompile, disassemble, or seek to access the source code or non-public APIs to the Service, except to the extent expressly permitted by Law (and then only with prior notice to Altitude AI); (d) modify or create derivative works of the Service or copy any element of the Service (other than authorized copies of the Remote App); (e) remove or obscure any proprietary notices in the Service; (f) publish benchmarks or performance information about the Service; (g) interfere with the operation of the Service, circumvent any access restrictions, or conduct any security or vulnerability test of the Service; (h) transmit any viruses or other harmful materials to the Service; (i) take any action that risks harm to others or to the security, availability, or integrity of the Service; (j) access or use the Service in a manner that violates any Law; or (k) use the Service with Prohibited Data. Customer acknowledges that the Service is not intended to meet any legal obligations for these uses, including HIPAA requirements, and that Altitude AI is not a Business Associate as defined under HIPAA. Notwithstanding anything else in this Agreement, Altitude AI has no liability for Prohibited Data or use of the Service for High Risk Activities. Customer is responsible for all of it and its User's use of the Service in connection with High Risk Activities and is responsible for all liability stemming from such use.
   5. Use of Customer Data. Customer grants Altitude AI the non-exclusive, worldwide, sublicensable right to use, copy, store, disclose, transmit, transfer, publicly display, modify, and create derivative works from Customer Data only as necessary to: (a) provide the Service; (b) derive or generate Usage Data; (c) create and compile Aggregated Data; and (d) as otherwise required by Laws or as agreed to in writing between the parties. Altitude AI may share Customer Data with Third-Party Platforms as necessary to provide the Services. Altitude AI will not train its AI models using Customer Data, nor will it enable Third-Party Platforms (as defined below) to train on Customer Data.
   6. Privacy Policy. To the extent Personal Data as defined in Altitude AI's Privacy Policy at www.getaltitudeai.com/privacy-policy ("Privacy Policy") is uploaded, transmitted, submitted, provided, or processed in connection with Customer's use of the Service, Altitude AI will comply with the Privacy Policy.
   7. Usage Data; Aggregated Data. Altitude AI may Process Usage Data and Aggregated Data for internal business purposes to: (a) track use of Service for billing purposes; (b) provide support for Service; (c) monitor the performance and stability of the Service; (d) prevent or address technical issues with the Service; (e) to improve the Service, or Altitude AI's other products and services, and to develop new products and services; and (f) for all other lawful business practices, such as analytics, benchmarking, and reports. Customer will not interfere with the collection of Usage Data.
   8. Customer Obligations. Customer is responsible for its Customer Data, including its content and accuracy, and will comply with Laws when using the Service. Customer represents and warrants that it has made all disclosures, provided all notices, and has obtained all rights, consents, and permissions necessary for Altitude AI to collect, access, use, disclose, transfer, transmit, store, host, or otherwise process the Customer Data set forth in this Agreement without violating or infringing Laws, third-party rights, or terms or policies that apply to the Customer Data.
   9. Suspension. Altitude AI may immediately suspend Customer's and its Users' access to the Service if: (a) Customer breaches Section 3.4 (Restrictions) or Section 3.8 (Customer Obligations); (b) Customer's Fees (as defined below) are 30 days or more overdue; (c) changes to Laws or new Laws require that Altitude AI suspend the Service or otherwise may impose additional liability on Altitude AI; or (d) Customer or its Users actions risk harm to any of Altitude AI's other customers or the security, availability, or integrity of the Service. Where practicable, Altitude AI will use reasonable efforts to provide Customer with prior notice of the suspension. If the issue that led to the suspension is resolved, Altitude AI will use reasonable efforts to restore Customer's access to the Service.
   10. Modifications to the Service. Altitude AI may modify or discontinue all or any part of the Service at any time (including by limiting or discontinuing certain features or functionality of the Service), temporarily or permanently, without notifying Customer (except that Altitude AI will use commercially reasonable efforts provide Customer with 30 days' prior notice in the event of any deprecation of any material feature or functionality of the Service). Altitude AI will have no liability for any change or modification to the Service or any suspension or termination of access to or use of the Service as a result thereof. Notwithstanding the foregoing, any such change or modification will only apply on a going-forward basis with respect to any Order entered into or renewed after Altitude AI's implementation thereof.
   11. Customer Systems. Customer will provide and maintain any hardware, software, other technology, and infrastructure that is required to access and use the Service, including any hardware device on which a Remote App can be installed and used. Customer is responsible for any hardware used with or controlled by the Service (e.g., robotic equipment, other manufacturing and industrial equipment, etc.) (collectively, "Equipment").
   12. Third-Party Platforms. Use of Third-Party Platforms are subject to Customer's agreements with the relevant provider and not this Agreement. Altitude AI does not control and have no liability for Third-Party Platforms, including their security, functionality, operation, availability, or interoperability with the Service or how the Third-Party Platforms or their providers use Customer Data. Customer acknowledges that certain Third-Party Platforms interact with the Service, accordingly, by using the Service, Customer authorizes Altitude AI to access and exchange Customer Data with such Third-Party Platform on Customer's behalf.
4. Commercial Terms.
   1. Subscription Term Renewal. Each Subscription Term will automatically renew for successive terms equal in length to the Subscription Term. Customer may cancel the Service by emailing Altitude AI at support@getaltitudeai.com. YOUR CANCELLATION MUST BE RECEIVED AT LEAST SIXTY (60) DAYS BEFORE THE EXPIRATION OF THE THEN-CURRENT SUBSCRIPTION TERM IN ORDER TO AVOID BEING CHARGED FOR THE NEXT SUBSCRIPTION PERIOD.
   2. Fees. Fees for the Service are described in the Order. All fees for the Service ("Fees") will be paid in US dollars unless otherwise provided in an Order. Fees are invoiced or charged as described in the Order. Unless the Order provides otherwise, all Fees are due within 30 days of the invoice date. You will be charged a service charge of 1.5% per month or the maximum amount allowed by Law, whichever is less and Customer will also be responsible for Fees or charges that are incidental to any chargeback or collection of any the unpaid amount including any collection Fees. All Fees and other expenses are non-refundable. Customer is responsible for any sales, use, GST, value-added, withholding, or similar taxes or levies that apply to Orders, whether domestic or foreign, other than Altitude AI's income tax ("Taxes"). Fees are exclusive of all Taxes.
   3. Authorization. You authorize Altitude AI to charge all sums for the orders that you make and any level of Service you select as described in this Agreement or published by Altitude AI, including all applicable Taxes, to the payment method you specify. If you pay any Fees with a credit card, then Altitude AI may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You agree that Altitude AI may seek pre-authorization of the credit card account Customer provide to Altitude AI for payment prior to any purchase to verify that the credit card is valid and has the necessary funds or credit available to cover such purchase. If your payment method is no longer valid at the time a renewal Fee is due, then Altitude AI reserves the right to revoke your access to the Service and any information or Customer Data associated with your access to and use of the Service without any liability to you.
   4. Pricing. Altitude AI reserves the right to determine pricing for the Service. Unless Altitude AI and Customer otherwise agree in an Order executed by the parties, Altitude AI may change the Fees for the Service (including any feature or functionality of the Service) and Altitude AI will notify Customer of any such changes before they apply. Altitude AI may make promotional offers with different features and different pricing to any of Altitude AI's other customers. These promotional offers, unless made to Customer, will not apply to your Order or this Agreement.
   5. Renewal Fees. Unless otherwise specified in an Order, Fees for renewal Subscription Terms are at Altitude AI's then-current Fees at the time of such renewal regardless of any discounted pricing in a prior Order or promotional offers previously extended to Customer.
5. Limited Warranty; Disclaimer.
   1. Limited Warranty. Altitude AI warrants to Customer that the Service will perform materially as described in the documentation during the Subscription Term ("Limited Warranty").
   2. Warranty Remedy. If Altitude AI breaches the Limited Warranty during the Subscription Term and Customer makes a reasonably detailed warranty claim in the manner required by Altitude AI within 30 days of discovering a breach of the Limited Warranty for the Service, then Altitude AI will use reasonable efforts to correct the non-conformity. If Altitude AI cannot do so within 30 days of receipt of Customer's warranty claim, Altitude AI may, in its sole discretion, either (a) repair or replace the nonconforming portion of the Service, or (b) terminate the affected Order as it relates to the Service and refund to Customer a pro rata portion of any pre-paid, unused Fees for the terminated portion of the applicable Subscription Term. This Section 5.2 sets forth Customer's exclusive remedy and Altitude AI's entire liability for breach of the Limited Warranty. This warranty does not apply to: (a) issues caused by Customer's or Users' misuse of or unauthorized modifications to the applicable Service; (b) issues in or caused by Third-Party Platforms or other third-party systems; (c) use of the applicable Service other than according to the documentation; or (d) Trials and Betas or other free or evaluation use.
   3. General Disclaimer. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 5.1, THE SERVICE IS PROVIDED "AS IS". ALTITUDE AI, ON ITS OWN BEHALF AND ON BEHALF OF ITS SUPPLIERS AND LICENSORS, MAKES NO OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT CUSTOMER'S USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ALTITUDE AI WILL REVIEW CUSTOMER DATA FOR ACCURACY, OR THAT IT WILL MAINTAIN CUSTOMER DATA WITHOUT LOSS. ALTITUDE AI IS NOT LIABLE FOR DELAYS, FAILURES, OR PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE ALTITUDE AI'S CONTROL. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT ANY STATUTORILY REQUIRED WARRANTIES WILL BE PERFORMANCE TO THE SHORTEST LEGALLY PERMITTED PERIOD. ALTITUDE WILL NOT BE RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY FOR ANY HIGH RISK ACTIVITIES AND ANY EQUIPMENT THAT CUSTOMER USES THE SERVICES TO CONTROL AND ANY RESULTS FROM SUCH HIGH RISK ACTIVITIES AND EQUIPMENT.
   4. Disclaimers Related to Artificial Intelligence. To the maximum extent permitted by applicable Law, and notwithstanding anything otherwise expressly provided herein, Altitude AI disclaims any and all liability related to the following:
      1. Use of AI; Assumption of Risk. The Services may return inaccurate information that does not accurately reflect real people, places, or facts. The Services do not provide any medical, health, safety, legal, financial, tax, accounting, or other professional advice. Prior to any use of the Services, Customer and its Users will make their own determinations as to the safety, efficacy, accuracy, lawfulness, and appropriateness of the Services for any given use. Customer is solely responsible for monitoring the performance of the Services and Customer is ultimately responsible for all activities of the Services to the fullest extent permitted by applicable laws. Customer acknowledges and agrees that artificial intelligence tools are novel and experimental, and that therefore there is significant uncertainty regarding the operation of such tools. CUSTOMER'S AND ITS USERS' USE OF THE SERVICES IS AT CUSTOMER'S SOLE RISK.
      2. Regulatory Uncertainty. Artificial intelligence is subject to many legal and regulatory uncertainties, and the Services could be adversely impacted by one or more regulatory or legal inquiries, actions, suits, investigations, claims, fines or judgments, which could impede or limit Customer's ability to continue the use and enjoyment of the Services.
6. Term and Termination.
   1. Term. This Agreement starts on the Effective Date and continues until expiration or termination of all Subscription Terms.
   2. Termination. Either party may terminate this Agreement (including any or all Orders) if the other party: (a) fails to cure a material breach of this Agreement (including a failure to pay Fees) within 30 days after notice; (b) ceases operation without a successor; or (c) seeks protection under a bankruptcy, receivership, trust deed, creditors' arrangement, composition, or comparable proceeding, or if such a proceeding is instituted against that party and not dismissed within 60 days. If Customer violates any provision of this Agreement, then your authorization to access the Service and this Agreement automatically terminate. In addition, Altitude AI may, in its sole discretion, terminate this Agreement or suspend or terminate Customer's access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to Customer arising from such termination. Customer may cease using the Service at any time, but will not be entitled to a refund unless otherwise expressly stated herein.
   3. Effect of Termination. Upon expiration or termination of an Order, Customer's access to and Altitude AI's obligations to provide the Service will cease. During a Subscription Term, Customer may export data or information that Customer (including its Users) submits to the Service, including from Third-Party Platforms from the applicable Service, using the export features described in the applicable documentation. After the expiration or termination of an order, Altitude AI will be under no obligation to store or retain the applicable Customer Data and may delete the applicable Customer Data at any time in its sole discretion. Customer Data and other Confidential Information, as defined in Section 10, may be retained in Recipient's standard backups notwithstanding any obligation to delete the applicable Confidential Information but will remain subject to this Agreement's confidentiality restrictions.
   4. Survival. These Sections survive expiration or termination of this Agreement: 3.4 (Restrictions), 3.8 (Usage Data; Aggregated Data), 3.9 (Customer Obligations), 4.2 (Fees), 4.3 (Authorization), 5.3 (General Disclaimer), 5.4 (Disclaimers Related to Artificial Intelligence), 6.3 (Effect of Termination), 6.4 (Survival), 7 (Ownership), 8 (Limitations of Liability), 9 (Indemnification), 10 (Confidentiality), 13.1 (General Provisions), 13.2 (Governing Law), 13.3 (Additional Terms), and 14 (Definitions). Except where an exclusive remedy is provided in this Agreement, exercising a remedy under this Agreement, including termination, does not limit other remedies a party may have.
7. Ownership. Neither party grants the other any rights or licenses not expressly set out in this Agreement. Except as expressly provided in this Agreement, as between the parties, Customer retains all intellectual property rights and other rights in Customer Data. Except for Customer's use rights in this Agreement, Altitude AI and its licensors retain all intellectual property rights and other rights in the Service, Software, documentation, Usage Data, and Altitude AI's technology, templates, formats, and dashboards, including any modifications or improvements to these items made by us. If Customer provides Altitude AI with feedback or suggestions regarding the Service or its other offerings, Altitude AI may use the feedback or suggestions without restriction or obligation.
8. Limitations of Liability. Except for breaches of Sections 3.1 (Permitted Use), 3.4 (Restrictions) and 10 (Confidentiality), neither Altitude AI's, Customer's or their respective suppliers or licensors will have liability arising out of or related to this Agreement for any loss of use, lost data, lost profits, failure of security mechanisms, interruption of business, or any indirect, special, incidental, reliance, or consequential damages of any kind, even if informed of their possibility in advance. Except for breaches of Sections 3.1 (Permitted Use), 3.4 (Restrictions) and 10 (Confidentiality) and liability arising out of Section 9 (Indemnification), neither Altitude AI's, Customer's or their respective suppliers or licensors liability arising out of or related to this Agreement will exceed in aggregate the amounts paid or payable by Customer to Altitude AI pursuant to this Agreement during the 12 months prior to the date on which the applicable claim giving rise to the liability arose under this Agreement. The waivers and limitations in this Section 8 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy in this Agreement fails of its essential purpose.
9. Indemnification. Customer will defend Altitude AI from and against any third-party claim to the extent resulting from Customer Data, Customer's breach or alleged breach of Section 3.9 (Customer Obligations), or Customer's or its User's use of the Service with Equipment and any results arising from such Equipment, including all use of the Services in connection with High Risk Activities, and will indemnify and hold Altitude AI harmless against any damages and costs awarded against Altitude AI (including reasonable attorneys' fees) or agreed in a settlement by Customer resulting from the claim.
10. Confidentiality.
    1. Definition. "Confidential Information" means information disclosed to the receiving party ("Recipient") under this Agreement that is marked by the disclosing party ("Discloser") as proprietary or confidential or, if disclosed orally, is designated as proprietary or confidential at the time of disclosure. Our Confidential Information includes the terms and conditions of this Agreement and any technical or performance information about the Service.
    2. Obligations. As Recipient, each party will: (a) hold Confidential Information in confidence and not disclose it to third parties except as permitted in this Agreement, including Section 3.5 (Use of Customer Data); and (b) only use Confidential Information to fulfill its obligations and exercise its rights in this Agreement. At Discloser's request, Recipient will delete all Confidential Information, except, in the case where Altitude AI is the Recipient, Altitude AI may retain the Customer's Confidential Information to the extent required to continue to provide the Services. Recipient may disclose Confidential Information to its employees, agents, contractors, and other representatives having a legitimate need to know, provided it remains responsible for their compliance with this Section 10 and they are bound to confidentiality obligations no less protective than this Section 10.
    3. Exclusions. These confidentiality obligations do not apply to information that Recipient can document: (a) is or becomes public knowledge through no fault of the receiving party; (b) it rightfully knew or possessed prior to receipt under this Agreement; (c) it rightfully received from a third party without breach of confidentiality obligations; or (d) it independently developed without using Confidential Information.
    4. Remedies. Unauthorized use or disclosure of Confidential Information may cause substantial harm for which damages alone are an insufficient remedy. Each party may seek appropriate equitable relief, in addition to other available remedies, for breach or threatened breach of this Section 10.
    5. Required Disclosures. Nothing in this Agreement prohibits either party from making disclosures, including of Customer Data and other Confidential Information, if required by Law, subpoena, or court order, provided (if permitted by Law) it notifies the other party in advance and cooperates in any effort to obtain confidential treatment.
11. Trials and Betas. If Customer or its Users receive access to or use of Services or features thereof on a free or trial basis or as an alpha, beta, or early access offering ("Trials and Betas"), such access to or use is permitted only for Customer's internal evaluation and testing purposes during the period designated by Altitude AI (not to exceed thirty 30 days unless otherwise agreed upon by the parties in writing). These Trials and Betas will be considered part of the Service and, subject to the remainder of this Section 11, all provisions of this Agreement relating to the Service will apply to these Trials and Betas. Trials and Betas are optional and either party may terminate Trials and Betas at any time for any reason. Trials and Betas may be inoperable, incomplete, or include features that Altitude AI may never release, and their features and performance information are deemed to be Altitude AI's Confidential Information. Altitude AI may suspend Customer's and its Users' access to the Trials and Betas at any time. Customer's and its Users' use of Trials and Betas is at their own risk. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ALTITUDE AI PROVIDES NO WARRANTY, INDEMNITY, OR SUPPORT FOR TRIALS AND BETAS, AND OUR LIABILITY FOR TRIALS AND BETAS WILL NOT EXCEED US $50.00.
12. Modifications. Altitude AI may modify or discontinue all or any part of the Service at any time (including by limiting or discontinuing certain features or functionality of the Service), temporarily or permanently, without notifying Customer (except that Altitude AI will use commercially reasonable efforts provide Customer with 30 days' prior notice in the event of any deprecation of any material feature or functionality of the Service). Altitude AI will have no liability for any change or modification to the Service or any suspension or termination of access to or use of the Service as a result thereof. Notwithstanding the foregoing, any such change or modification will only apply on a going-forward basis with respect to any Order entered into or renewed after Altitude AI's implementation thereof.
13. Miscellaneous.
    1. General Provisions. This Agreement, including the Privacy Policy and any other agreements expressly incorporated by reference into this Agreement, are the entire and exclusive understanding and agreement between Customer and Altitude AI regarding your use of the Service. Customer may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without Altitude AI's prior written consent. Altitude AI may assign this Agreement and all rights granted under this Agreement, including with respect to your Customer Data, at any time without notice or consent. The failure to require performance of any provision will not affect Altitude AI's right to require performance at any other time after that, nor will a waiver by Altitude AI of any breach or default of this Agreement, or any provision of this Agreement, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in this Agreement is for convenience only and will not have any impact on the interpretation of any provision. Neither party is liable for any delay or failure to perform any obligation under this Agreement (except for a failure to pay Fees) due to events beyond its reasonable control, such as a strike, pandemic, epidemic, health emergency, blockade, war, pandemic, act of terrorism, riot, Internet or utility failures, refusal of government license, or natural disaster. Throughout this Agreement the use of the word "including" means "including but not limited to." If any part of this Agreement is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
    2. Governing Law. This Agreement is governed by the laws of the State of Utah and the United States without regard to conflicts of laws provisions that would result in the application of the laws of another jurisdiction and without regard to the United Nations Convention on the International Sale of Goods. The jurisdiction and venue for actions related to this Agreement will be the state and United States federal courts located in Salt Lake City, Utah and both parties submit to the personal jurisdiction of those courts.
    3. Additional Terms. Customer's use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that Altitude AI may post on or link to from the Service ("Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, this Agreement.
    4. Consent to Electronic Communications. By using the Service, Customer consents to receiving certain electronic communications from Altitude AI as further described in Altitude AI's Privacy Policy. Please read Altitude AI's Privacy Policy to learn more about Altitude AI electronic communications practices. Customer agree that any notices, agreements, disclosures, or other communications that Altitude AI sends to Customer electronically will satisfy any legal communication requirements, including that those communications be in writing.
    5. Contact Information. The Service is offered by Altitude Robots, Inc. (DBA Altitude AI) located at 215 S State St, Suite 725, Salt Lake City, UT 84111. Customer may contact Altitude AI by sending correspondence to that address or by emailing Altitude AI at support@getaltitudeai.com.
    6. Notice to California Residents. If Customer are a California resident, then under California Civil Code Section 1789.3, Customer may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
14. Definitions
    • "Aggregated Data" means Customer Data that has been deidentified or aggregated with other data such that the resulting data no longer reasonably identifies Customer or a specific individual.
    • "Customer Data" means any data or information that: (a) Customer (including its Users) submits to the Service, including from Third-Party Platforms; and (b) is collected, accessed, used, disclosed, transferred, transmitted, stored, hosted, or otherwise processed by Altitude AI to provide the Service to Customer, excluding any Usage Data and Aggregated Data.
    • "Customer Systems" means Customer's hardware, software, other technology, and infrastructure that Customer is required to provide and maintain in order for Customer to access and use the Service including Supported Devices.
    • "High Risk Activities" means activities where use or failure of the Service could lead to death, personal injury, or environmental damage, including industrial facilities, life support or medical systems, emergency services, nuclear facilities, autonomous vehicles, or air traffic control.
    • "Laws" means all applicable relevant local, state, federal and international laws, regulations and conventions, including those related to data privacy and data transfer, international communications, and export of data, including Customer Personal Data and Customer Personal Information.
    • "Order" means an order that is executed by Customer or a process Customers complete through the online order flow Altitude AI provides, each of which references this Agreement.
    • "Process" means to collect, access, use, disclose, transfer, transmit, store, host, or otherwise process.
    • "Prohibited Data" means any: (a) special categories of data enumerated in European Union Regulation 2016/679, Article 9(1) or any successor legislation; (b) patient, medical, or other protected health information regulated by the Health Insurance Portability and Accountability Act (as amended and supplemented) ("HIPAA"); (c) credit, debit, or other payment card data subject to the Payment Card Industry Data Security Standards; (d) other information subject to regulation or protection under specific Laws such as the Children's Online Privacy Protection Act or Gramm-Leach-Bliley Act (or related rules or regulations); (e) social security numbers, driver's license numbers, or other government ID numbers; or (f) any data similar to the above protected Laws.
    • "Remote App" means Altitude AI's proprietary software installed on supported remote devices as described in the documentation through which Users can access and use the Service.
    • "Software" means any software, scripts, or other code required by Altitude AI to operate the Service including a Remote App.
    • "Subscription Term" means the period during which Customer's subscription to access and use the Service is in effect, as identified in the applicable Order.
    • "Supported Device" means a hardware device on which a Remote App can be installed on and used.
    • "Third-Party Platform" means any third-party platform, add-on, service, or product not provided by Altitude AI that is integrated or enabled for use with the Service.
    • "Usage Data" means information generated from the use of the Service, which data does not identify Users, any other natural human persons, or Customer, such as technical logs, data, and learnings about Customer's use of the Service, but excluding any identifiable Customer Data.
    • "User" means any person that Customer allows to use the Service on Customer's behalf.