Terms of Service

Last updated May 13, 2026

Agreement to Our Legal Terms

We are Canaveral Labs LLC, doing business as Canaveral (“Company,” “we,” “us,” “our”), a company registered in California, United States at 1286 University Ave #1096, San Diego, CA 92103.

We operate the website https://canaveral.ai (the “Site”), the application available at https://app.canaveral.ai (the “Application”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

You can contact us by phone at (+1) 619-905-9399, email at austen@canaveral.ai, or by mail to 1286 University Ave #1096, San Diego, CA 92103, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Canaveral Labs LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by comms@canaveral.ai, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

1. Our Services

The Services provide an AI-enabled mechanical, electrical, and plumbing (“MEP”) estimating and takeoff platform. The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. Intellectual Property Rights

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services “AS IS” for your internal business purpose only.

Your Use of Our Services

Subject to your compliance with these Legal Terms, including the “Prohibited Activities” section below, we grant you a non-exclusive, non-transferable, revocable license to: access the Services; and download or print a copy of any portion of the Content to which you have properly gained access, solely for your internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: austen@canaveral.ai.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

3. User Representations

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise, except as expressly permitted by the Services’ intended functionality; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Purchases and Payment

We accept the following forms of payment: Visa, Mastercard, American Express, and Discover.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.

6. Subscriptions

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribe to the Services.

Cancellation

All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at austen@canaveral.ai.

Seat Commitments

Subscription seats are committed for the duration of the then-current billing cycle. Seats may not be reduced mid-term. Seat reductions take effect at the next renewal date. Additional seats may be added at any time and will be invoiced on a prorated basis for the remainder of the current term.

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

7. Free Trial

We offer a free trial to new users who register with the Services. The duration of the free trial will be specified at the time of registration (currently 7 days).

Trial Conditions

During the free trial period: (a) no payment information is required; (b) your access may be limited to a subset of features, usage volume, storage capacity, or processing limits as determined by us at our sole discretion; (c) no service level commitments, uptime guarantees, or support obligations apply; and (d) we may modify, suspend, or terminate your trial access at any time without notice or liability.

End of Trial

At the end of the free trial period, your access to paid features will be suspended. Your account and any associated data, including uploaded project documents, will be retained for thirty (30) days following trial expiration. During this retention period, you may upgrade to a paid plan to restore access, or request export of your data by emailing austen@canaveral.ai. After the thirty (30) day retention period, we reserve the right to permanently delete all data associated with your account, including all uploaded documents, project data, and generated outputs, without further notice.

No Automatic Conversion

The free trial does not automatically convert to a paid subscription. No charges will be applied unless you affirmatively select and purchase a paid plan.

Liability During Trial

Our total aggregate liability to you for any claims arising from or related to your use of the Services during a free trial period shall not exceed zero dollars ($0.00 USD).

8. Uploaded Project Data

The Services allow you to upload construction plans, specifications, drawings, and related project documents (“Project Data”) for processing by the platform. Project Data is distinct from other content you may submit through the Services (such as feedback, support requests, or account information) and is governed by this section.

Ownership

You retain all ownership rights, intellectual property rights, and proprietary rights in and to your Project Data. Nothing in these Legal Terms transfers ownership of your Project Data to us.

Limited License

By uploading Project Data to the Services, you grant us a limited, non-exclusive, non-transferable, revocable license to access, store, process, and display your Project Data solely for the purpose of providing the Services to you. This license terminates when your Project Data is deleted from our systems.

Confidentiality

We treat all Project Data as confidential information. We will not sell, publish, distribute, or disclose your Project Data to any third party except: (a) to our subprocessors as necessary to provide the Services (see Section 14); (b) as required by applicable law, regulation, or legal process; or (c) with your express written consent. Our employees and contractors who access Project Data are bound by confidentiality obligations.

Data Retention and Deletion

We retain your Project Data for the duration of your active subscription or trial period, plus the retention period described in Section 7 (for trial users) or thirty (30) days following account termination (for paid users). You may request deletion of your Project Data at any time by emailing austen@canaveral.ai. We will complete deletion within thirty (30) days of receiving your request, except where retention is required by law. Deletion of Project Data from production systems will be followed by deletion from backup systems within ninety (90) days.

Data Export

You may request export of your Project Data at any time during your active subscription or within thirty (30) days following account termination. We will provide your Project Data in a standard, machine-readable format (such as CSV, JSON, or PDF) within fifteen (15) business days of receiving your request.

Your Responsibilities

You represent and warrant that: (a) you have all necessary rights, licenses, and permissions to upload the Project Data to the Services; (b) your upload of Project Data does not violate any third party’s intellectual property, proprietary, or contractual rights; and (c) you are solely responsible for maintaining independent backups of your Project Data. You agree to indemnify us against any claims arising from your upload of Project Data to which you did not have sufficient rights.

9. Mutual Confidentiality

Each party (the “Receiving Party”) agrees to hold in confidence all non-public information disclosed by the other party (the “Disclosing Party”) that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure (“Confidential Information”). The Receiving Party will not disclose Confidential Information to any third party except to its employees, contractors, and agents who need to know such information and are bound by confidentiality obligations at least as protective as those in this section.

Confidential Information does not include information that: (a) is or becomes publicly available without breach of this agreement; (b) was known to the Receiving Party prior to disclosure; (c) is independently developed without reference to the Disclosing Party’s Confidential Information; or (d) is disclosed pursuant to a court order or legal requirement, provided the Receiving Party gives prompt notice to the Disclosing Party where permitted.

This obligation survives termination for three (3) years.

10. AI and Machine Learning Disclosure

The Services use artificial intelligence and machine learning technologies to process your Project Data and generate estimates, takeoffs, and other outputs.

No Training on Your Data

We do not use your Project Data, uploaded documents, or generated outputs to train, fine-tune, or improve our AI or machine learning models. Your Project Data is processed solely to deliver results to you and is not incorporated into any model training datasets.

Anonymized Usage Data

We may collect and use anonymized, aggregated usage data (such as feature usage patterns, processing volumes, and performance metrics) that cannot be used to identify you or reconstruct your Project Data. This data may be used to improve the Services. This usage data does not include the contents of your uploaded documents or generated outputs.

11. Output Accuracy Disclaimer

THE ESTIMATES, TAKEOFFS, QUANTITIES, COSTS, AND OTHER OUTPUTS GENERATED BY THE SERVICES (“OUTPUTS”) ARE PROVIDED FOR INFORMATIONAL AND REFERENCE PURPOSES ONLY. OUTPUTS ARE NOT PROFESSIONAL ENGINEERING ADVICE, PROFESSIONAL COST CONSULTING, OR A SUBSTITUTE FOR REVIEW BY A LICENSED PROFESSIONAL ENGINEER, LICENSED CONTRACTOR, OR QUALIFIED ESTIMATOR.

YOU ACKNOWLEDGE AND AGREE THAT: (A) OUTPUTS MAY CONTAIN ERRORS, INACCURACIES, OR OMISSIONS; (B) OUTPUTS SHOULD BE INDEPENDENTLY VERIFIED BEFORE BEING USED FOR BIDDING, PROCUREMENT, CONSTRUCTION, OR ANY OTHER PURPOSE; (C) YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS MADE AND ACTIONS TAKEN BASED ON OUTPUTS, INCLUDING BUT NOT LIMITED TO BID SUBMISSIONS, MATERIAL ORDERS, PROJECT PRICING, AND RESOURCE ALLOCATION; AND (D) WE BEAR NO LIABILITY WHATSOEVER FOR ANY BID OUTCOMES, PROJECT COSTS, FINANCIAL LOSSES, CONSTRUCTION DEFECTS, SCHEDULE DELAYS, OR OTHER DAMAGES ARISING FROM YOUR USE OF OR RELIANCE ON OUTPUTS.

THE SERVICES DO NOT REPLACE THE PROFESSIONAL JUDGMENT REQUIRED FOR CONSTRUCTION ESTIMATING. YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE OUTPUTS.

12. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools, except as expressly permitted by the Services’ intended functionality.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise not authorized by us.
Sell or otherwise transfer your profile.
Use the Services to advertise or offer to sell goods and services.
Use Outputs generated by the Services to conduct competitive benchmarking, reverse-engineer our AI models or algorithms, or develop a competing product or service.
Upload documents to which you do not have sufficient rights, including but not limited to construction plans, specifications, or drawings belonging to a third party without authorization.
Use the Services to generate fraudulent bids, inflated estimates, or misleading project cost representations.

13. Feedback and Communications

By sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Feedback”), you agree to assign to us all intellectual property rights in such Feedback. You agree that we shall own this Feedback and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

For the avoidance of doubt, Feedback does not include your Project Data (governed by Section 8), which remains your property at all times.

14. Subprocessors and Data Residency

Subprocessors

We use the following third-party service providers (“Subprocessors”) to process data in connection with the Services:

Railway — Application hosting and infrastructure
Amazon Web Services (AWS) — Document processing (OCR), file storage
Google Cloud Platform — Document processing (Document AI)
Stripe — Payment processing

We may update this list from time to time. Material changes to our Subprocessor list will be communicated to you via email or through the Services. All Subprocessors are bound by data processing agreements that require them to protect your data in accordance with standards consistent with this agreement.

Data Residency

All Project Data and account data is stored and processed in the United States. If you access the Services from outside the United States, you consent to the transfer of your data to the United States for processing and storage.

15. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your content or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

16. Privacy Policy

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

17. Digital Millennium Copyright Act (DMCA) Notice and Policy

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter Notification

If you believe your own copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent. To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.

Designated Copyright Agent

Legalinc Corporate Services Inc.
Attn: Copyright Agent
131 Continental Dr Suite 305
Newark, DE 19713
United States

18. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services.

We may terminate your access to the Services for cause if you materially breach these Legal Terms and fail to cure such breach within thirty (30) days of receiving written notice specifying the breach. We reserve the right to immediately suspend (but not terminate) access to the Services during the cure period if the breach poses an imminent security risk or violates applicable law.

You may terminate your account at any time by providing written notice to austen@canaveral.ai. Termination by either party does not relieve you of the obligation to pay any fees accrued prior to the effective date of termination.

We retain the right to immediately terminate or suspend access without notice in cases of: (a) fraudulent activity; (b) use of the Services to cause harm to third parties; or (c) violation of Section 12 (Prohibited Activities) in a manner that cannot be cured.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Upon termination of your account, the provisions of these Legal Terms regarding Uploaded Project Data retention and deletion (Section 8) shall apply. All other provisions of these Legal Terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, the Output Accuracy Disclaimer (Section 11), indemnity, and limitations of liability.

19. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

20. Service Availability

We will use commercially reasonable efforts to maintain availability of the Services at a rate of 99.5% measured monthly, excluding scheduled maintenance windows. Scheduled maintenance will be communicated via email at least 24 hours in advance where practicable. This availability target is a commitment to commercially reasonable efforts, not a guaranteed service level. No service credits or remedies are associated with this target.

21. Governing Law

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

22. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in San Diego County, California, United States. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in San Diego County, California, United States, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

23. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

24. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

25. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. FOR FREE TRIAL USERS AND ANY PERIOD DURING WHICH NO FEES WERE PAID, OUR MAXIMUM AGGREGATE LIABILITY SHALL NOT EXCEED ZERO DOLLARS ($0.00 USD).

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

26. Indemnification

We will defend, indemnify, and hold you harmless against any third-party claim alleging that the Services, as provided by us, infringe any United States patent, copyright, or trademark, and will pay any resulting settlement or final judgment. This obligation does not apply to claims arising from: (a) your modification of the Services; (b) your combination of the Services with products, services, or data not provided by us; (c) your use of the Services in violation of these Legal Terms; or (d) your continued use of a version of the Services after we have provided a non-infringing alternative. If the Services become, or in our reasonable opinion are likely to become, the subject of an infringement claim, we may at our option: (i) obtain the right for you to continue using the Services; (ii) modify the Services to be non-infringing; or (iii) terminate your subscription and refund any prepaid fees for the unused portion of the term.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) any overt harmful act toward any other user of the Services with whom you connected via the Services; (6) your upload of Project Data to which you did not have sufficient rights or authorization; or (7) any decisions made or actions taken based on Outputs generated by the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

27. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

28. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

29. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

30. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. Neither party may assign this agreement without the prior written consent of the other party, except that either party may assign this agreement without consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, provided that the assignee agrees to be bound by the terms of this agreement. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

31. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Canaveral Labs LLC
1286 University Ave #1096
San Diego, CA 92103
United States
Phone: (+1) 619-905-9399
austen@canaveral.ai