webAI App Terms of Use and End-User License Agreement

Last Updated: July 21, 2026

IMPORTANT - THIS IS A PRE-RELEASE, INVITATION-ONLY VERSION OF THE APP PROVIDED FOR PERSONAL EVALUATION. IT IS STILL IN DEVELOPMENT, MAY CHANGE OR BE DISCONTINUED, MAY CONTAIN ERRORS, AND IS PROVIDED “AS IS.” DO NOT RELY ON IT FOR CRITICAL, SENSITIVE, OR PRODUCTION USE, AND KEEP YOUR OWN BACKUPS. SEE THE “EARLY ACCESS” SECTION BELOW.

ALL USE OF WEBAI’S PROPRIETARY SOFTWARE APPLICATION (THE “APP”) IS GOVERNED BY, AND SUBJECT TO, THE TERMS AND CONDITIONS OF THIS AGREEMENT (THE “AGREEMENT”).

BY DOWNLOADING, INSTALLING AND/OR USING THE APP (INCLUDING CONTINUED USE FOLLOWING AN UPDATE OR AN UPGRADE), YOU AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND CONSENT TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, OR IF ACCESS TO THIS APP IS LIMITED BY AN APP STORE (E.G., BY AGE, LOCATION, ETC.) AND YOU DO NOT MEET THOSE LIMITATIONS, YOU SHOULD NOT DOWNLOAD OR USE THE APP, AND YOU WILL NOT HAVE ANY LICENSE TO ANY PART OF THE APP. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND WEBAI AND YOU SHOULD KEEP A COPY OF IT.

SECTION 8 CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THIS AGREEMENT, YOU AGREE (A) TO RESOLVE ALL DISPUTES (WITH LIMITED EXCEPTION) RELATED TO THE APP THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH IN SECTION 8.

1. LICENSE.

1.1. Eligibility. The App is intended only for users who are at least eighteen (18) years old. By downloading, installing, or using the App, You represent and warrant that You are at least eighteen (18) years of age and have the legal capacity to enter into this Agreement. The App is not directed to children, and webAI does not knowingly permit anyone under 18 to use the App. If You are under 18, You may not use the App, and You should not download or use it.

1.2. Early Access / Pre-Release. The App is currently offered as a pre-release, invitation-only version (the “Early Access Version”) to a limited group of participants before general release. You acknowledge and agree that the Early Access Version (a) is provided for Your personal, individual use and evaluation only, and not for business, organizational, enterprise, governmental, production, mission-critical, or safety-critical use, or for use by or on behalf of any entity; (b) is under active development, is not final, may contain errors, defects, or security vulnerabilities, and may change, be interrupted, or be discontinued at any time without notice; (c) is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, as further described in the Disclaimer of Warranties; and (d) may have incomplete features, and its data, settings, and content may be reset or lost between builds, so You should maintain independent backups and should not use it to store the sole copy of important data or to process sensitive, confidential, or regulated data. webAI may modify, suspend, or terminate the Early Access Version or Your access to it at any time. This section applies only to the Early Access Version and ceases to apply upon general release, except for provisions that by their nature should survive.

1.3. Non-Exclusive License. Subject to Your compliance with all the terms and conditions of this Agreement, webAI grants to You a nonexclusive, nontransferable, revocable license to use the App on devices that You own or control. webAI and its licensors presently own and will continue to own all worldwide right, title, and interest in and to the App, including without limitation all modifications, revisions and derivative works thereto, by whomever made, and all worldwide intellectual property rights therein. You will not delete nor in any manner alter the copyright, trademark, and other proprietary rights notices of webAI and its licensors appearing on the App as delivered to You. Updates, upgrades, fixes, patches, etc. are provided in webAI’s sole discretion. webAI reserves all rights and licenses in and to the App not expressly granted herein.

1.4. Usage Limitations. Your use of the App may be subject to usage limitations and other restrictions as may be periodically communicated to You by webAI. You may not take any action, or use any hardware, software or other method, designed to circumvent, or which has the effect of circumventing, any usage limitations. The App may also be limited in scope and functionality compared to webAI’s other products and services, and You may need to license and/or subscribe to other products or services provided by webAI to have maximum functionality. You may have the ability to download and use various AI models with the App and You are responsible for understanding and complying with all terms and conditions applicable to any such models.

1.5. License Restrictions. You have no right to transfer, sublicense or otherwise distribute the App to any third party, including without limitation by selling or transferring the device on which the App is installed. Except as expressly permitted in this Agreement and by applicable law, You may not: (a) modify, correct, adapt, translate, enhance, create derivative works of, disassemble, decompile or reverse engineer the object code of the App or otherwise attempt to derive the source code underlying the App or reduce the App to human readable form; (b) copy the App; (c) install or otherwise make the App available on any public or distributed network, except as expressly facilitated by the App’s native Intelligent Delivery Network (“IDN”) feature; (d) use the App in any manner to perform development (other than to develop, test, and use Applications as permitted under the User Applications provision of this Agreement and the webAI SDK License Agreement), create competing products, or provide service bureau, time-sharing or other computer services to third parties; (e) disable or circumvent any access control or related device, process or procedure in or related to the App; (f) attempt to probe, scan or test the vulnerability of the App, breach the security or authentication measures of the App without proper authorization; or (g) otherwise use or access the App in any manner not expressly permitted under this Agreement or in violation of applicable law.

1.6. Data Collection / Privacy. You agree that webAI may collect and use technical data and related information—including but not limited to technical information about Your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of App updates, product support, and other services to You (if any) related to the App. webAI may use this information, subject to its Privacy Policy, to improve its products or to provide services or technologies to You. Personal information collected under this Agreement (a) may be transferred, stored and processed in the United States or any other country in which webAI or its service providers maintain facilities, and (b) will be subject to the privacy terms specified in webAI’s Privacy Policy. You are solely responsible for all Content introduced to, used with and created by the App and the model You select, and for ensuring such Content complies with all applicable laws and does not infringe the rights of any third party.

1.7. External Services. The App may enable access to webAI’s and/or third party services and websites including in-App web search and connections to third-party or cloud AI models (for example, using Your own API key) (collectively and individually “External Services”). You agree to use the External Services at Your sole risk. webAI is not responsible for examining or evaluating the content or accuracy of, and shall not be liable for, any third-party External Services.

1.8. Connected Accounts and Integrations. The App may allow You to connect third-party accounts and services (such as Google or Slack) so that the App’s features and agent tools can access data from those accounts at Your direction. By connecting an account, You authorize the App to access that account on Your behalf using the permissions You grant, which are limited to read-only access unless stated otherwise, and You represent that You are authorized to connect the account and to allow the App to access the data in it, including where the account or data belongs to or is administered by Your employer or another organization. Your use of a connected service remains subject to that third party’s terms and privacy policy, and webAI is not responsible for those third-party services. You may disconnect a connected account at any time through the App’s settings or through the third party’s account settings, which revokes the App’s access on a going-forward basis.

1.9. User Applications. The App may allow You to create, upload, and run applications that operate within the App (each, an “Application”), including Applications developed using the webAI software development kit, which is licensed separately under the webAI SDK License Agreement. Applications are Content (as defined below) for purposes of this Agreement, and You are solely responsible for the Applications You create, upload, use, or share, including any data an Application collects, processes, or transmits, including to External Services. webAI does not review, approve, or endorse Applications and has no obligation to monitor them. webAI may disable or remove any Application from operation within the App at any time, including any Application that webAI believes contains malicious code, interferes with or circumvents any security, safety, or access-control feature of the App, or violates this Agreement or applicable law. Applications shared with You by another user are provided by that user, not by webAI; webAI is not responsible for them, and Your use of them is at Your sole risk.

1.10. Changes to the App. webAI may modify, update, or discontinue the App or any feature, in whole or in part. Where a change would materially reduce the core functionality of a paid plan, webAI will provide reasonable advance notice consistent with the price-and-plan-change and amendment provisions of this Agreement.

2. Your Obligations.

2.1. Prohibited Uses. You are solely responsible for selection of the applicable model, for the content and data ingested by the model, and the contents and use of the output. You will not, and will not permit any third party to, use the App or any output for any purpose that: (1) Violates any applicable law, regulation, or third-party intellectual property or other right; (2) Promotes or facilitates fraud, deception, or other unlawful acts; (3) Involves harassment, abuse, stalking, threats, or defamation; (4) Involves the exploitation or endangerment of minors or vulnerable persons; (5) Is intended for use in medical diagnosis or treatment, life-support systems, autonomous vehicles, aviation, nuclear operations, weapons, or other safety-critical or high-risk environments where failure could lead to death, injury, or severe harm; (6) Attempts to probe, scan, or test the vulnerability of any system or network; (7) Circumvents or interferes with any security or access controls of the App; (8) Introduces malware, viruses, or other harmful code; (9) Uses output to impersonate any person or entity or to misrepresent source, identity, or affiliation; (10) Generates or disseminates false, misleading, or harmful information, including “deepfakes”; (11) Uses output for discrimination or decisions affecting employment, credit, housing, insurance, or similar rights without appropriate human review; (12) Retrains, fine-tunes, or otherwise modifies the App; (13) Copies, modifies, disassembles, decompiles, translates, or reverse-engineers the App or any model or algorithm within it; (14) Benchmarks, analyzes, or tests the App for competitive purposes or to develop competing products; (15) Enables automated or systematic extraction of content from the App; (16) Uploads or uses data that infringes, misappropriates, or violates the intellectual property or privacy rights of others; (17) Uses the App to generate content or output that violates third-party rights, including copyrighted works, trademarks, or confidential information; (18) Uses the App or output to train, improve, or otherwise create another machine learning model; (19) Uses the App for automated decision-making without required human oversight or transparency; or (20) Removes or obscures any notices about AI limitations or accuracy disclaimers. Notwithstanding clauses (12), (13), and (18), the model customization features expressly provided by the App (including importing or applying third-party models and LoRA adapters, retrieval-augmented generation, and configuring system prompts) are permitted, provided that You comply with this Agreement (including the other restrictions in this Section) and all applicable third-party model licenses.

2.2. Use of “Face Presence” Feature. The App includes a privacy feature that processes video frames locally to detect human presence. This detection runs on Your device, determines only whether a person is present and not who, and does not store or transmit any video or images. You acknowledge this feature is provided for use with the App’s Privacy Mode features and, if You enable status sharing, to share an indicator of Your presence or availability (not any image or video) with the contacts You approve. You represent and warrant that You will not use the Face Presence feature in physical spaces where third parties have a reasonable expectation of privacy. You are strictly prohibited from using the App to record third parties without their explicit legal consent.

2.3. Virus Prevention and Security. webAI does not protect against, nor accept any liability for, third party intrusion into or damage to Your network, data center or device. You must take all necessary steps to prevent against viruses, malicious code, hacking and other forms of intrusion consistent with industry standards.

2.4. Data Privacy. You represent and warrant that You understand and comply, and will continue to comply, with all applicable federal, state, provincial and local laws and regulations related to or governing collection, storage, use, processing and transmission of data, including any data You introduce to, process through, or share via the App.

3. Warranty; Disclaimers

3.1. Models and Content. You are solely responsible for (a) selecting and training a language model for use with the App, and (b) the data, text, images, audio, video, photographs, information, and other content and material, in any format, (“Content”) that are created or obtained by You in conjunction with Your use of the App, or which are generated by Your use of the App, or used by You to train the model. webAI does not create, provide, monitor, or operate the third-party and on-device models You select or use with the App, and makes no warranty, express or implied, with respect to such language models, Your Content or any third party hardware, software or Content, and You acknowledge that webAI has no obligation to review, monitor, or verify any Content or model output for accuracy, completeness, or legality. Depending on the type and capacity of Your device, webAI will provide You with several optional models that are compatible. All such models are created by and made available by a third party and may be subject to and governed by open source or other licenses and it is Your responsibility to understand and comply with such licenses. If You work for a company, they may use webAI’s other products to select, train and provision models for Your use with the App. Certain optional features, such as connecting to a cloud model, instead process data You submit on webAI’s or a third party’s servers rather than on Your device. webAI’s handling of data You submit to those features is described in the Privacy Policy.

3.2. AI Model Limitations. You acknowledge and agree that: (a) Models may generate content that is incorrect, incomplete, misleading, or inappropriate and may not reflect current or accurate information; (b) You should not rely on AI-generated content for medical, legal, financial, or other professional advice; (c) Models may produce biased, offensive, or harmful content despite the model creator’s best efforts to prevent such outputs; (d) You are solely responsible for verifying any information or content generated by the model(s) selected by You before acting upon it; and (e) webAI is not responsible for, and disclaims all liability resulting from, any decisions, actions, or consequences resulting from Your use of AI-generated content. Without limiting the foregoing, You should not rely on AI-generated content for mental-health or crisis support. The App is not a substitute for professional help and is not intended for use in crisis or emergency situations. If You are experiencing a mental-health crisis or emergency, contact emergency services or a crisis line (for example, 988 in the United States).

3.3. Distributed Computing Limitations. The App includes features that let approved contacts and other participants share content with You and query Your personalized AI models (“personas”) that run locally on Your device (collectively, the “Collaboration Features”). You acknowledge and agree that (a) using the Collaboration Features, including allowing approved contacts to access Your personas or participating in a shared or collaborative environment, is inherently subject to risk, including risk of unauthorized access by third parties to Your local file system; (b) You are solely responsible for Your use of the Collaboration Features and for the decision of whether, and to whom, Your personas and content are shared; and (c) webAI is not responsible for any decisions, actions, or consequences resulting from Your use of the Collaboration Features or Your personas. In addition, content You share with other users through the App, including direct messages, files, and content shared through the Collaboration Features, is exchanged directly between devices and is not stored by or accessible to webAI. You acknowledge and agree that (i) once You share content with another user, that user controls their copy, and webAI cannot recall, retrieve, delete, or modify content once it has been shared; (ii) webAI does not monitor, moderate, recover, or back up communications or content shared between users and has no obligation to do so; (iii) webAI does not guarantee the delivery, availability, or retention of any message or shared content; and (iv) You are solely responsible for the content You choose to share and for Your selection of recipients.

3.4. Peer-to-Peer Connectivity and Network Information. The App’s peer-to-peer features connect Your device with other users’ devices. You acknowledge and agree that, to establish and maintain these connections, the App shares certain network and identity information with the peers and devices You connect with, including Your device’s network connection information (such as Your IP address, which can indicate Your approximate location), a public key, and a persistent peer or device identifier. You should connect only with users and devices You trust, and You are solely responsible for Your choice of connections. Where a direct connection cannot be established, traffic may instead be relayed through infrastructure operated by webAI or its service providers.

3.5. Limitation of Liability for Data Loss. webAI shall not be held liable for any loss, corruption, or destruction of data, files, or content resulting from Your use of the App, including but not limited to system updates, technical malfunctions, or service interruptions. You acknowledge that digital environments are inherently subject to risk and agree that it is Your sole responsibility to maintain independent, verifiable, and frequent backups of any data processed or stored through the App, Your device, Your network or otherwise. In the event of a data loss incident, webAI is under no obligation to recover or reconstruct lost information, and Your use of the App constitutes Your agreement to hold webAI harmless from any claims arising from such loss.

3.6. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP, MODEL AND CONTENT IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WEBAI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. WEBAI DOES NOT REPRESENT OR WARRANT THAT ANY MODEL OUTPUT DOES NOT INCORPORATE, INFRINGE OR MISAPPROPRIATE THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WEBAI OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

4. Fees, Payments, Trials

4.1. Free and Paid Access. webAI may offer the App and its features on a no-cost basis, a paid basis, or both, and may determine and change which portions are offered at no cost, including by requiring a paid plan for continued access on a prospective basis. Paid access (“Paid Features”) may be offered on one or more pricing bases, including a recurring subscription, usage-based charges, one-time charges, or a combination. The fees, billing frequency, included or metered usage, and any limitations applicable to Your purchase are presented to You before You are charged (Your “Order”).

4.2. Payment Processing. Except for purchases made through a third-party platform under Section 4.8, payments are processed by a third-party payment processor acting on webAI’s behalf. By providing a payment method, You authorize webAI and its payment processor to charge all applicable fees, including recurring and usage-based fees, and You represent that You are authorized to use that payment method. Your payment card or account details are handled by the payment processor under its own terms and privacy policy.

4.3. Subscriptions and Automatic Renewal. If You purchase a subscription or other recurring plan, You authorize webAI to charge the applicable recurring fee, plus any usage-based charges under Section 4.4, until You cancel. Your subscription or plan automatically renews at the then-current fee for successive periods of the same length unless You cancel before the end of the then-current period. You may cancel at any time through Your account settings in the App or by contacting webAI at billing@webai.com. Cancellation stops the next renewal and takes effect at the end of the period You have already paid for, and You will retain access to the applicable Paid Features through the end of that period. Except where required by law, fees already charged are non-refundable and webAI does not provide refunds or credits for partial or unused periods.

4.4. Usage-Based Charges. If any Paid Feature is offered on a usage- or consumption-based basis, You authorize webAI to charge for Your actual usage at the rates and intervals shown in Your Order. Because these charges depend on Your use, Your total charges will vary from period to period, and You are responsible for monitoring Your usage and any resulting charges.

4.5. Free Trials and Promotions. webAI may offer a free trial or other promotional or discounted access to Paid Features on the terms presented to You when You sign up. Unless You cancel before the trial or promotional period ends, Your plan will automatically convert to, or continue at, the applicable paid price and Your payment method will be charged.

4.6. Price and Plan Changes. webAI may change its fees and the features or usage included in a plan. webAI will provide advance notice of a recurring-fee increase or other material change as required by applicable law, and any such change takes effect on Your next renewal. You may cancel before the change takes effect. Your continued use of the affected Paid Features afterward constitutes Your acceptance of the change.

4.7. Taxes. Fees are exclusive of taxes unless stated otherwise. You are responsible for any applicable sales, use, VAT, GST, or similar taxes, which webAI or its payment processor may calculate, collect, and remit where required, and for any data or internet charges You incur in using the App.

4.8. Purchases Through Third-Party Platforms. If You obtain or purchase the App or Paid Features through a third-party platform or app store (for example, the Apple App Store or Google Play Store), that platform’s payment, billing, automatic-renewal, refund, and cancellation terms govern those transactions, and You must manage and cancel those purchases through that platform. In that case, the billing and cancellation provisions of this Section 4 apply only to the extent consistent with the platform’s terms.

4.9. Billing Questions and Disputes. For questions about a charge or to report a suspected billing error, contact webAI at billing@webai.com. If You purchased through a third-party platform, also contact that platform’s support for issues it processed.

5. Limitation of Liability; Indemnification

5.1. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WEBAI BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY AND MANAGEMENT TIME, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND THE LIKE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE AND WHETHER OR NOT WEBAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WEBAI’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF TWO HUNDRED DOLLARS ($200.00), OR THE AMOUNT YOU PAID WEBAI, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE APP AND RELATED SERVICES. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

5.2. High Risk Activities. The App is not fault-tolerant and is not designed, manufactured or intended for use in hazardous environments requiring fail-safe performance, including without limitation the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the App could lead directly to death, personal injury, or severe physical or environmental damage. webAI and its suppliers specifically disclaim any express or implied warranty or liability for such activities.

5.3. Indemnification. You agree to defend, indemnify and hold harmless webAI and its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “webAI Entities”) from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the webAI Entities arising out of or in connection with: (a) Your violation or breach of any term of this Agreement or any applicable law or regulation; (b) Your Content, including any Content used to train models or generated by models; (c) Your use of any Enhanced Model or model output; or (d) Your negligence or willful misconduct. If You are obligated to indemnify any webAI Entity hereunder, webAI (or, at its discretion, the applicable webAI Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether webAI wishes to settle, and if so, on what terms, and You agree to fully cooperate with webAI in the defense or settlement of such claim.

6. Ownership

6.1. App. webAI and its licensors presently own and will continue to own all worldwide right, title, and interest in and to the App, including without limitation all modifications, revisions and derivative works thereto, by whomever made, and all worldwide intellectual property rights therein. You agree to not delete nor in any manner alter the copyright, trademark, and other proprietary rights notices of webAI and its licensors appearing on or in the App.

6.2. Enhanced Model. You can import, use, train and enhance a model through use of the App (the “Enhanced Model”). You are solely responsible for any model You customize or configure (including through system prompts, LoRA adapters, or retrieval-augmented generation), and You acknowledge that customizing a model may change its behavior and may alter or reduce its built-in safeguards. As between You and webAI, You own the Enhanced Model, subject to any ownership rights and restrictions of the model provider and subject also to the know-how, trade secrets and other intellectual property of webAI included in the Enhanced Model, which are owned by webAI and licensed to You under the same terms and conditions as the App. You may not distribute any Enhanced Model to a third party, whether such third party is a webAI licensee or not, except (a) through the sharing features expressly provided by the App or (b) with webAI’s prior written consent. A shared Enhanced Model consists of configuration and customization (such as system-prompt settings, LoRA adapters, and retrieval-augmented generation) and does not include base model weights or Your knowledge-base documents; the recipient must separately obtain and license any base model required to use it. When You share an Enhanced Model through the App, You grant the recipient the right to use it only within the App and subject to this Agreement, the recipient’s use remains governed by this Agreement and the applicable third-party model license, and webAI’s know-how, trade secrets, and other intellectual property included in the Enhanced Model remain owned by webAI and may not be extracted, distributed, or used outside the App.

6.3. Feedback. If You provide webAI with any comments, suggestions or other feedback, including for enhancements or improvements, new features or functionality, concerning the App (“Feedback”), You hereby agree (a) that such Feedback is provided on a non-proprietary and non-confidential basis, and (b) webAI will have the full, unencumbered, perpetual, irrevocable right, without any obligation to compensate or reimburse You, to use, incorporate and otherwise fully exercise and exploit any such Feedback in connection with the App or other webAI products and services. Any changes to the App or other webAI products because of Feedback are owned solely and exclusively by webAI.

7. Term and Termination

7.1. This Agreement is effective until terminated by You or webAI upon written notice (email is acceptable). Additionally, webAI may terminate or suspend this Agreement and Your access to the App at any time, with or without cause and with or without notice. Your rights under this Agreement, and all licenses granted hereunder, will terminate automatically if You fail to comply with any of its terms and upon any termination of this Agreement. Upon termination, You must cease all use of the App and delete all copies in Your possession. All provisions of this Agreement which by their terms or their nature should survive termination of this Agreement shall so survive.

8. Arbitration and Class Action Waiver

8.1. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

8.2. MANDATORY ARBITRATION. You and webAI agree to resolve any claims arising out of or relating to this Agreement, regardless of when the claim arose, even if it was before this Agreement existed (a “Dispute”), through final and binding arbitration.

8.3. Informal Process First. We would like to understand and try to address Your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending us written notice of the Dispute, including a description of the Dispute and the relief You are seeking, to legal@webai.com. We will do so by sending You notice to the email address associated with Your account. If we are unable to resolve a Dispute within 30 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.

8.4. Arbitration Forum. If we are unable to resolve the Dispute, either of us may commence arbitration with National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable. The activities described in this Agreement involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration.

8.5. Arbitration Procedures. The seat, or legal place, of the arbitration is Travis County, Texas, USA, regardless of where any hearing is physically held. The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon or, absent agreement, determined by the arbitrator as follows: if You reside in the United States, in the county where You reside or as otherwise determined by the arbitrator; and if You reside outside the United States, at a location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator, unless the batch arbitration process applies. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Texas. The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts of Travis County, Texas have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.

8.6. Exceptions. This section does not require informal dispute resolution or arbitration of the following claims: (a) claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding; (b) claims where the sole form of relief sought is injunctive relief; or (c) intellectual property claims.

8.7. WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WEBAI EACH AGREE THAT ANY PROCEEDING TO RESOLVE ANY DISPUTE, CLAIM, OR CONTROVERSY WILL BE BROUGHT AND CONDUCTED ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). YOU AND WEBAI AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. YOU AND WEBAI EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. IF THE DISPUTE IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. FURTHER, YOU AND WEBAI AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. FOR THE AVOIDANCE OF DOUBT, HOWEVER, YOU CAN SEEK PUBLIC INJUNCTIVE RELIEF TO THE EXTENT AUTHORIZED BY LAW AND CONSISTENT WITH THE EXCEPTIONS CLAUSE ABOVE. IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. IF A COURT DECIDES THAT THE LIMITATIONS OF THIS PARAGRAPH ARE DEEMED INVALID OR UNENFORCEABLE, ANY PUTATIVE CLASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED OR REPRESENTATIVE ACTION MUST BE BROUGHT IN A COURT OF PROPER JURISDICTION AND NOT IN ARBITRATION.

9. General

9.1. Open Source. Certain components of the App may contain open source software, and Your use of such open source software is subject to any additional terms and conditions of the applicable open source license.

9.2. Governing Law and Jurisdiction. This Agreement shall be governed by and construed under the laws of the State of Texas and the United States without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. Except as provided in the dispute resolution section above, the sole jurisdiction and venue for actions related to the subject matter hereof shall be the state and U.S. federal courts located in Travis County, Texas.

9.3. Export. You acknowledge and agree to comply fully with the laws and regulations of the United States that restrict the export and re-export of commodities and technical data of United States origin (“Export Laws”) and will assure that neither the App nor any direct product thereof are (1) exported or re-exported, directly or indirectly, by You or any of Your transferees without first obtaining the appropriate United States and foreign government licenses; and (2) intended to be used for any purposes prohibited by the Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation. Your obligations hereunder shall always be subject to the export control laws and regulations of the United States government and any amendments thereto.

9.4. Severability. If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible, and the other provisions of this Agreement will remain in full force and effect.

9.5. Injunctive Relief. You agree that a breach of this Agreement may cause irreparable injury to webAI for which monetary damages would not be an adequate remedy and webAI shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

9.6. Waiver. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision.

9.7. Controlling Agreement. If You access or use the App on behalf of an organization (including an employer, enterprise, or government entity), or Your access or use is otherwise covered by a separate written agreement for the App, or for webAI’s products and services, between webAI, or a webAI reseller or distributor, and such an organization (a “Master Agreement”), then that Master Agreement governs that access and use, and in the event of any conflict between the Master Agreement and this Agreement, the Master Agreement controls. A Master Agreement may also state that it applies in lieu of this Agreement, in which case this Agreement does not apply to use covered by it. Where no Master Agreement applies, this Agreement governs Your use of the App. webAI may condition enterprise, government, or other organizational use of the App on execution of a Master Agreement.

9.8. Entire Agreement. This Agreement contains the complete understanding and agreement of the parties and supersedes all prior or contemporaneous agreements or understandings, oral or written, relating to the subject matter herein, except as provided in the Controlling Agreement sections. webAI may modify or update these terms from time to time. If webAI makes a material change, webAI will provide reasonable advance notice of the change through the App or by other reasonable means before the change takes effect. Your continued use of the App after the change takes effect constitutes Your acceptance of the change; if You do not agree to the change, You must stop using the App.