Welcome to SAIFE!

These Terms of Service govern your access to and use of SAIFE, including all related services, software applications, websites, and other assets provided by SAIFE Technologies, Inc., a company headquartered in Atlanta, Georgia (collectively, the "Services"). By using the Services, you agree to comply with these Terms of Service, which incorporate our Service Guidelines and include provisions for resolving disputes through binding arbitration. In this agreement, you are referred to as "User" or "You."

These Terms of Service constitute a binding agreement between you and SAIFE Technologies, Inc. Your use of the Services signifies your acceptance of and agreement to these Terms of Service. Use of SAIFE for business, development, or enterprise purposes—including access to APIs—is governed additionally by our Business Terms. These Terms also include provisions for dispute resolution. (See Section 14.)

We encourage you to review our Terms of Use and our Privacy Policy, which explains how personal data is collected, used, and protected. While the Privacy Policy is not part of these Terms of Service, it provides important context regarding your rights and our responsibilities.

1. Service Terms

These Service Terms govern your access to and use of the SAIFE Services provided by SAIFE Technologies, Inc. Any capitalized terms not defined in this document shall have the meaning set forth in these Terms of Service, the SAIFE Technologies Services Agreement, or any other agreement you may have with us that governs your use of the Services (collectively, the "Agreement"). In the event of any conflict between these Service Terms and the Agreement, these Service Terms shall take precedence. For clarity, references to "Content" also include "Customer Content."

2. API Usage and Indemnity

Under the Agreement, SAIFE Technologies will indemnify API customers against third-party claims alleging that the Customer's use or distribution of Output infringes another party's intellectual property rights. This indemnity does not apply if:

• The Customer or its End Users knew, or reasonably should have known, that the Output was infringing or likely to infringe;
• The Customer or its End Users disabled, bypassed, or failed to implement any citation, filtering, or safety measures or restrictions provided by SAIFE Technologies;
• The Output was altered, adapted, or combined with products or services not provided by SAIFE Technologies or its authorized partners;
• The Customer or its End Users lacked the rights to use the Input or fine-tuning files that generated the allegedly infringing Output;
• The claim is based on trademark or similar rights connected to the Customer's or its End Users' commercial use of the Output; or
• The Output originated from content provided through a Third-Party Offering.

Customers must, and must ensure their End Users do, use the APIs solely in accordance with the applicable documentation.

3. Beta Services

SAIFE may, from time to time, offer certain features or services on an alpha, preview, early access, or beta basis ("Beta Services"). Beta Services are provided solely for testing and evaluation purposes and may be modified, suspended, or discontinued at any time without notice.

Beta Services are provided "as-is" and "as-available." To the maximum extent permitted by law, SAIFE disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including, without limitation, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, quiet enjoyment, or arising from any course of dealing or usage of trade.

Beta Services are excluded from any indemnification obligations SAIFE may otherwise provide under these Terms. SAIFE makes no representation that Beta Services will be generally available, uninterrupted, error-free, secure, or that Content will not be lost or damaged. You assume all risks associated with the use of Beta Services.

4. SAIFE Enterprise and Team Accounts

Enterprise and Team accounts may include End Users with administrative privileges ("Administrators"). Administrators can manage the organization's workspace, including adding, removing, or suspending End User access, accessing, sharing, or deleting Content, and reviewing activity logs related to End Users' use of SAIFE Enterprise. Customers are solely responsible for designating Administrators and for obtaining and maintaining all required notices and consents from End Users that allow Administrators to exercise these rights and allow SAIFE, a business unit of SAIFE Technologies, Inc., to provide the Services.

SAIFE Technologies' indemnification obligations to SAIFE Enterprise Customers are limited to claims that the Customer's use or distribution of Output, in accordance with these Terms, infringes a third party's intellectual property rights. This indemnity does not apply if:

• The Customer or its End Users knew, or reasonably should have known, that the Output was infringing;
• The Customer or its End Users disabled, ignored, or failed to use any citation, filtering, or safety features provided by SAIFE Technologies;
• The Output was modified, transformed, or used in combination with products or services not provided by or on behalf of SAIFE Technologies;
• The Customer or its End Users lacked the rights or permissions to use the Input or fine-tuning files used to generate the allegedly infringing Output;
• The claim is based on trademark or similar rights arising from the Customer's or End Users' commercial use of Output; or
• The Output originated from, or was generated using, any Third-Party Offering.

5. Use of Images and Videos

SAIFE may allow you to upload or provide images and videos as part of your Inputs ("Visual Content"). You may not use Visual Content to identify or attempt to identify any individual, or to solicit, infer, or otherwise obtain private, personal, or sensitive information about any individual. You may not use Visual Content to reproduce, generate, or otherwise use the likeness of any individual without that person's express consent and all legally required rights. The likeness of any person under 18 may not be reproduced, generated, or otherwise used under any circumstances.

If you share Visual Content publicly through the Services (for example, on the Sora explore page), you grant SAIFE Technologies, Inc. a worldwide, royalty-free, transferable, sublicensable license to reproduce, distribute, modify, publicly display, and publicly perform such content solely for the purpose of operating, improving, and promoting the Services. You retain all ownership rights in your Visual Content, and SAIFE Technologies does not claim ownership.

You are solely responsible for ensuring that you have all necessary rights, permissions, and consents for any images or videos you upload or share, and you agree to indemnify and hold harmless SAIFE Technologies from any claims, damages, or liabilities arising from your failure to obtain such rights.

(A) License to Use Visual Content

By submitting or uploading images, videos, or other visual content ("Visual Content") through the Services, you grant SAIFE Technologies a worldwide, royalty-free, transferable, and sublicensable license to host, reproduce, distribute, display, perform, modify, adapt, and otherwise use such Visual Content solely for the purposes of operating, maintaining, improving, and promoting the Services. You retain ownership of your Visual Content, subject to this limited license.

6. Content Moderation and Removal of Deceptive Content

To uphold the integrity of our Services, SAIFE Technologies reserves the right to review, remove, restrict, or refuse any content that we reasonably determine to be deceptive, manipulated, misleading, unlawful, or otherwise harmful. This includes, without limitation, content such as deepfakes, falsified media, or AI-generated material that could be used to deceive or misinform others. Users are strictly prohibited from using the Services to generate or disseminate such content.

7. Third-Party Connectors

SAIFE may offer features that allow the Services to send information to, or receive information from, third-party applications or websites ("Connectors"). Connectors may also allow you to perform actions within a third-party application through the Services (e.g., making a reservation via a restaurant's website). You are solely responsible for all actions you take using Connectors, including adding custom Connectors, and you control whether any Connector is enabled in your workspace. SAIFE Technologies may, but is not obligated to, review, refuse, or remove Connectors or third-party Applications. Connectors are not developed, verified, or endorsed by SAIFE Technologies and may expose you to content you find offensive or objectionable. You use Connectors entirely at your own risk. Do not add or enable a Connector unless you trust the underlying Application and have reviewed its terms of service and privacy policy.

When you add or enable a Connector, the Services may transmit certain portions of your Content and other information, such as your location ("Connector Data"), to the relevant third-party Application. By using a Connector, you authorize and instruct SAIFE Technologies to send Connector Data to the Application, which will be governed by that Application's terms and privacy policies. SAIFE Technologies is not responsible for Connector Data after it has been provided to third-party Applications.

Connectors may also retrieve content or information from third-party Applications, which may be included in Output you receive from the Services. Such content is not owned by you or SAIFE Technologies and may be subject to the third-party Application's terms. You are solely responsible for compliance with all applicable laws and the terms of any third-party Applications, and you agree to indemnify and hold harmless SAIFE Technologies from any claims, damages, or liabilities arising from your use of Connectors.

8. Medical and Healthcare Use

The Services are not designed or intended for use in diagnosing, treating, or preventing any medical or health condition. Any use of the Services in a medical, healthcare, or clinical context is at your sole risk. You are solely responsible for ensuring that such use complies with all applicable federal, state, and local laws, regulations, and professional standards. SAIFE Technologies, Inc. makes no representations, warranties, or guarantees regarding the accuracy, reliability, or suitability of the Services for any medical or healthcare purpose and shall not be liable for any harm, loss, or damages arising from such use.

(A) No HIPAA Compliance

The Services are not designed to comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and You must not use the Services to create, receive, maintain, or transmit protected health information (PHI) as defined by HIPAA. SAIFE expressly disclaims any responsibility or liability arising from any attempt to use the Services for PHI.

9. Restrictions on High-Risk Domains

The Services must not be used as the basis for decisions or outputs in high-risk or sensitive domains, including but not limited to: elections and democratic processes, public safety, emergency response, critical infrastructure, or medical and healthcare contexts. Any use of the Services in these areas is undertaken solely at the User's own risk, and SAIFE Technologies disclaims all liability arising from such use.

10. Governing Law and Jurisdiction

These Terms, and any disputes arising out of or related to them or your use of the Services, are governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions, and the federal laws of the United States. You agree that any legal action or proceeding arising under these Terms will be brought exclusively in the state or federal courts located in Atlanta, Georgia, and you consent to the personal jurisdiction of such courts.

11. Limitation of Liability

To the maximum extent permitted by law, SAIFE Technologies, Inc. and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to lost profits, revenue, or data, arising out of or related to your use or inability to use the Services, even if SAIFE Technologies has been advised of the possibility of such damages.

SAIFE Technologies' total cumulative liability for any claims arising out of or relating to these Terms or the Services shall not exceed the total fees actually paid by you to SAIFE Technologies in the six (6) months preceding the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

To the maximum extent permitted by law, SAIFE and SAIFE Technologies disclaim any liability for claims of defamation, libel, reputational harm, or similar damages arising from or related to the Outputs, including but not limited to harms resulting from misinformation, deceptive content, or user reliance on Outputs.

12. Copyright Infringement and DMCA Safe Harbor

SAIFE Technologies respects the intellectual property rights of others and expects Users to do the same. If You believe that content made available through the Services infringes Your copyright, You may submit a notice in compliance with the Digital Millennium Copyright Act ("DMCA"). Upon proper notification, SAIFE will respond by removing or disabling access to the allegedly infringing material as required by the DMCA and applicable law.

By using the Services, You agree that SAIFE shall benefit from the safe harbor protections under the DMCA, 17 U.S.C. § 512, and shall not be held liable for User-generated content uploaded, transmitted, or shared through the Services.

13. Export Compliance and Sanctions

You agree to use the Services in compliance with all applicable export control and trade sanctions laws of the United States and any other relevant jurisdictions. You may not use, access, or provide the Services:

• in any country or territory subject to current comprehensive U.S. sanctions—including but not limited to Russia, Cuba, Iran, North Korea, and Syria—or in the U.S.-designated regions under partial sanctions, such as Crimea, Donetsk, and Luhansk.
• for the benefit of any individual or entity listed on U.S. government restricted party lists; or
• for any purpose prohibited by applicable export control or sanctions laws.

By using the Services, You represent and warrant that You are not subject to such restrictions.

13. General Disclaimers

The Services are provided "as-is" and "as-available." SAIFE Technologies makes no representations or warranties of any kind, whether express, implied, statutory, or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, non-infringement, or satisfactory quality. SAIFE Technologies does not warrant that the Services will be uninterrupted, error-free, secure, or that any content, data, or communications will be accurate, complete, or reliable. You use the Services at your own risk.

14. Dispute Resolution

(A) Agreement to Arbitration and Class Action Waiver

If you are a user of SAIFE Technologies' Services, you agree to the following binding dispute resolution terms, including mandatory arbitration and a waiver of class actions and jury trials, to the extent permitted by applicable law. This agreement is governed by the Federal Arbitration Act ("FAA").

(B) Mandatory Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services—regardless of when the issue arose, including claims predating these Terms—must be resolved exclusively through final and binding arbitration, rather than in court. You may opt out of arbitration within 30 days of creating your account or within 30 days of any updates to these arbitration terms by submitting an opt-out request form to our support team. If you opt out of an update, the most recent version of the arbitration terms you accepted will continue to apply.

(C) Informal Resolution First

Before initiating arbitration, both you and SAIFE Technologies agree to attempt to resolve any dispute informally. You must send notice via the designated form to our support team, and we will respond using the email address associated with your account. If the dispute is not resolved within 60 days, either party may initiate arbitration. During this period, either party may request a one-on-one settlement conference, which both parties agree to attend. The statute of limitations for any claim will be paused during this informal resolution process.

(D) Arbitration Forum and Governing Law

If informal resolution fails, arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules or by National Arbitration and Mediation ("NAM") under its Comprehensive Dispute Resolution Rules and Procedures, as applicable. Arbitration shall take place in Atlanta, Georgia, unless otherwise agreed, and may be conducted via videoconference when feasible. A single arbitrator—either a retired judge or a licensed attorney, or other qualified neutral—will preside. The arbitrator has exclusive authority to resolve disputes regarding enforceability, scope, interpretation, and application of this arbitration provision. Courts in Atlanta, Georgia retain jurisdiction over issues related to enforceability of the class action waiver and for requests for public injunctive relief.

(E) Arbitration Procedures

Arbitration will be conducted on an individual basis only; class actions, class arbitrations, and representative proceedings are not permitted. The arbitrator may grant dispositive motions resolving all or part of the dispute, and judgment on the award may be entered in any court of competent jurisdiction. Settlement offers will not be disclosed to the arbitrator until after a final award is issued. SAIFE Technologies will not seek attorneys' fees or costs unless the arbitrator determines your claim is frivolous.

(F) Exceptions to Arbitration

The following claims are exempt from informal resolution and arbitration:

• (i) individual claims filed in small claims court in your county of residence; and
• (ii) requests for injunctive or equitable relief to prevent unauthorized use of the Services or infringement of intellectual property rights.

(G) Class Action and Jury Trial Waivers

You and SAIFE Technologies agree that all disputes must be resolved on an individual basis. You may not bring claims as a plaintiff or class member in any class, consolidated, or representative proceeding. Class arbitrations and representative actions are expressly prohibited. Only individual relief is available. If public injunctive relief is sought, that request will be determined by a court, separate from arbitration of individual claims. This does not prevent participation in a class-wide settlement. You and SAIFE Technologies knowingly and irrevocably waive any right to a jury trial in any legal proceeding related to these Terms.

(H) Batch Arbitration

If a significant number of individuals (e.g., 25 or more) represented by the same or coordinated counsel file substantially similar arbitration demands within a 90-day period, NAM or AAA may, at their discretion, consolidate claims into batches of up to 50 claimants each ("Batch"), unless fewer than 50 total claimants remain. Each Batch will generally be treated as a single consolidated arbitration with one arbitrator, one set of fees, and one hearing conducted via videoconference or at a location determined by the arbitrator. If any portion of this section is found unenforceable with respect to a claimant or Batch, that portion will be severed and resolved through individual arbitration.

(I) Severability

If any provision of this dispute resolution section is found to be unlawful or unenforceable, the remaining provisions will remain in effect. However, if such a finding would permit class arbitration, class action, or representative action, then this entire dispute resolution section will be deemed unenforceable.

Contact Information

If you have any questions about these Terms of Service, please contact us at: admin@saife.ai