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Customer Agreement

Version 2026-09-07 · Draft — not yet in effect

Draft — not yet in effect

This document is published for review and is not yet in force. It is excluded from search engines until it takes effect.

Volcano Customer Agreement

Last Updated:

PLEASE READ THIS VOLCANO CUSTOMER AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE PRODUCTS (AS TERMS ARE DEFINED BELOW) AND COVERS IMPORTANT TOPICS SUCH AS ARBITRATION. BY USING OUR PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN YOU MUST NOT PURCHASE OR USE THE PRODUCTS. IF YOU ARE ACTING ON BEHALF OF AN ENTITY, THEN YOU REPRESENT YOU HAVE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY.

This Volcano Customer Agreement is entered into by and between Volcano Services, LLC, a Delaware limited liability company with offices at 150 Spear Street, 16th Floor, San Francisco, California 94105 (“Volcano”, “We”, “Our”, or “Us”), and the person or entity subscribing to or using the Products (“Customer”, “You”, “Your”).

We may update this Agreement from time to time. The date on which the Agreement was last updated will be reflected on the “Last Updated” date at the top of this Agreement. Any revised Agreement will become effective on such date. Your continued use of the Products or Your Account constitutes acceptance of the revised terms. If You do not agree to the revised terms, You must stop using the Products and Your Account.

1. Definitions.

*Summary. We use these terms throughout the Agreement and it is good to know the associated definitions to better help You understand the Agreement.*

“Acceptable Use Policy” means the then-current acceptable use policy found at https://volcano.dev/acceptable-use-policy (or such updated URL provided by Volcano from time to time).

“Account” means the online account established by or on behalf of Customer through Volcano’s website or other designated interface that enables Customer to access and use the Products and to manage Customer’s Subscription, Account Information, Subscription Tier, and other account settings.

“Account Information” means information about Customer provided by You to Volcano in connection with the creation, administration or support of Customer’s account with Volcano. For example, Account Information includes Your name, username, phone number, email address, and billing information associated with Customer’s Account with Volcano.

“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where “control” means having more than 50% ownership or the right to direct the management of the entity.

“Agreement” means this Volcano Customer Agreement including any ordering document referencing this Agreement, and any terms incorporated into this Agreement by reference.

“AI Outputs” means any content, recommendations, decisions, or other outputs produced or generated by AI Features in response to Customer Inputs.

“Credits” means the usage units made available by Volcano for use with the Products. Credits provide a standardized means of measuring and paying for certain usage of the Products, including usage in excess of the amounts included in Customer’s applicable Subscription Tier. Subject to the applicable Subscription Tier, Credits may be applied to usage such as function calls, real-time events, storage, database usage, bandwidth, build minutes, and other usage-based features or resources designated by Volcano from time to time.

“Customer Content” means data, information, text, code, or other content submitted by You to the Products, including Customer Input, but explicitly excluding Account Information or Usage Data.

“Customer Input” means data, content, or materials (including prompts or queries) submitted by Customer to the AI Features.

“Data Processing Addendum” or “DPA” means the then-current data processing addendum found at https://volcano.dev/legal/data-processing-addendum (or such updated URL provided by Volcano from time to time).

“Documentation” means Volcano’s technical documentation for the Product located at https://docs.volcano.dev/ (and any successor or related locations designated by Volcano), as such documentation may be updated by Volcano from time to time.

“Personal Data” shall have the same meaning as in the DPA.

“Privacy Policy” means the then-current privacy policy found at https://volcano.dev/legal/privacy (or such updated URL provided by Volcano from time to time).

“Products” means software, SaaS, and other products and services provided by Volcano, including through the Volcano website, that are purchased or subscribed to by You, together with any updates related thereto.

“Subscription” means Your subscription to the Products in accordance with the applicable Subscription Tier for the duration of the Subscription Term.

“Subscription Term” means the term of the right of use granted to You with respect to the Products subscribed to or purchased under a Subscription.

“Subscription Tier” means the level of access to and use of the Products made available to Customer under the Agreement, as designated by Customer’s Subscription. The Subscription Tier determines the features, functionality, usage limits, support, and other rights and restrictions applicable to Customer’s use of the Products.

“Usage Data” means usage data, user activity data, logs generated from the Products, telemetry data, analytics data, and any other data (other than Customer Content) relating to the operation, support, and/or use of the Products by Customer, including any metadata related thereto.

Other capitalized terms used have the meaning given them in this Agreement.

2. Subscriptions and License.

Summary: *Volcano offers various Subscriptions to its Product offerings, including a free and a paid version. All Subscriptions are subject to this Agreement and the applicable Subscription Tier terms which can be found when You select Your Subscription Tier.*

2.1 Subscription Tiers. The Products may be offered in one or more Subscription Tiers, including a free tier (“Free Tier”) and one or more paid tiers (“Paid Tier(s)”). The Free Tier is made available with no Subscription Fees (as defined below) and provides access to the features and usage limits designated by Volcano from time to time. The Free Tier is subject to change or removal at any time in Volcano’s sole discretion. A Paid Tier requires payment of the applicable Subscription Fees and provides access to the features, functionality, usage limits, support, and other benefits associated with the applicable Paid Tier.

2.2 Subscriptions. Your Subscription is active for the Subscription Term and subject to the usage limits and other restrictions stated in the applicable Subscription Tier and this Agreement. The start date of Your Subscription Term will be the date Volcano first makes the Products available for access to you. You agree that Your Subscription is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Volcano regarding future functionality or features. Volcano reserves the right to modify or discontinue any part of the Products, including any features and functions. You may upgrade or downgrade Your Subscription Tier within Your Account settings at any time. In the event You upgrade from a Free Tier to a Paid Tier, You shall pay the applicable Subscription Fees.

2.3 Subscription to the Products. Subject to the terms and conditions of this Agreement and the applicable Subscription and only during the Subscription Term, Volcano hereby grants to You a non-exclusive, non-transferable, non-sublicensable, worldwide, limited-term right and license to access and use the Products and Documentation solely for Your business purposes in accordance with the applicable Subscription Tier and this Agreement.

3. Customer Obligations.

*Summary: To ensure the best experience for everyone, We ask that You follow this Agreement, including Our usage guidelines, age requirements, and Acceptable Use Policy. Please take care to keep Your account secure, as You are responsible for any activities that happen through it.*

3.1 Use of the Products. You shall use the Products in compliance with this Agreement and the Subscription Tier limitations. You represent that You are at least sixteen (16) years of age and legally capable of entering into this Agreement.

3.2 Restrictions. You must not, and must not permit any third party, directly or indirectly, to: (i) interfere with, disrupt, alter, or modify the Products or any part of the Products, or create an undue burden on the Products or violate or attempt to breach the integrity or security of the networks or services connected to the Products; (ii) introduce or attempt to introduce software or automated agents or scripts into the Products as to produce multiple accounts, breach the security of the Products, or to strip or mine data from the Products; (iii) use or permit the Products or Documenation to be used for unlawful, obscene, offensive or fraudulent content or activity; (iv) store or transmit any malicious code through the Products; (v) use the Products or any portion of the Products beyond the restrictions or limitations in this Agreement or the Subscription Tier; (vi) copy, modify, or create derivative of the Products or Documentation; (vii) reverse engineer, decompile, decrypt, disassemble, or otherwise reduce the Products to human-readable form, except and only to the extent any foregoing restriction is prohibited by applicable law; (viii) use any elements or functionalities of the Products or Documentation to create a program or a set of programs similar or identical to the Products or any part of the Products; (ix) use the Products or Documentation in any way that is unlawful or in violation of any applicable laws including United States export or trade sanctions laws and regulations; (x) sublicense, sell, rent, lease, license, transfer, assign or redistribute, or sell access to the Products to any third party; (xi) use or permit the Products to be used for or in a service bureau or outsourcing offering; (xii) alter or remove any proprietary notices or legends contained on or in the Products or Documentation; (xiii) use the Products where failure or fault of the Products could lead to death or serious bodily injury of any person, or to severe physical, property or environmental damage; and (xiv) otherwise use the Products or Documentation except for as expressly authorized herein. For the avoidance of doubt, all restrictions specified in this Agreement with respect to the Products apply to all components. There are no implied licenses granted by Volcano under this Agreement.

3.4 Accounts. You will need to register for and create an Account to have access to the Products. You are solely responsible for the accuracy and completeness of Your Account Information and for the security of Your Account credentials including keeping Your Account user ID and password information confidential and not sharing such information with any unauthorized person. You will be solely responsible for all activities and actions taken on or through Customer's Account. You shall promptly notify Volcano in the event of any unauthorized access or use of Customer’s Account or Account Information.

3.5 Acceptable Use Policy. Your use of the Products through Volcano’s website is also subject to its compliance with Volcano’s Acceptable Use Policy, which is incorporated by reference herein, and may be updated from time to time in Volcano’s sole discretion. In the event of a conflict between this Agreement and the Acceptable Use Policy, this Agreement will control.

4. Data Security and Privacy.

*Summary: We are committed to protecting Your data with security measures. In turn, We ask that You help us maintain a secure environment by managing Your content configurations and complying with our privacy and data protection standards, such as our DPA and Privacy Policy.*

4.1 Volcano Security Measures. Volcano will implement and maintain technical and organizational measures and applicable policies and procedures designed to protect any Personal Data and Customer Content processed by Volcano in performance of this Agreement against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected.

4.2 Customer Security Measures. You shall configure (i) Customer Content so that its use and transmission does not expose Personal Data in violation of applicable or privacy consents; and (ii) the Products so that Your use is in accordance with the Documentation. You are responsible for creating any backups of Customer Content and for any liability arising from unauthorized use or corruptions of Customer Content to the extent arising from Your misconfigurations, Your website or Customer Content, or security vulnerabilities caused by You.

4.3 Privacy. To the extent that Volcano processes Customer Content on behalf of You that includes Personal Data, each party agrees to comply with the DPA, which is incorporated by reference herein. Except with the expressly written authorization of Volcoano, You agree not to use the Products to host any Protected Health Information (PHI) as defined by the Health Insurance Portability and Accountability Act (HIPAA). To the extent Volcano is a data controller of Customer Content and Account Information, Volcano will handle such information in accordance with the Privacy Policy. By accessing and using the Products, You agree to Volcano’s Privacy Policy, which may be updated from time to time in Volcano’s sole discretion.

5. Intellectual Property.

*Summary: We retain ownership of Our technology just as You keep ownership of Your Customer Content. You permit Us to use Your Feedback and process Your content to help Us operate and improve our Products.*

5.1 Volcano Technology. You agree that Volcano or its or licensors retain all rights, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Products, all Documentation, any and all related and underlying technology and documentation, and any Feedback that may be incorporated, including any enhancements, modifications, and derivatives of any of the foregoing (collectively, “Volcano Technology”). Except for the express limited rights set forth in this Agreement, no right, title or interest in or to any Volcano Technology is granted to you. Notwithstanding anything to the contrary in this Agreement, You hereby agree that Volcano may freely use and incorporate into Volcano’s Products and services any suggestions, enhancement requests, recommendations, corrections, or other feedback provided by Customer relating to Volcano’s Products, website, Documentation, or services (collectively, “Feedback”), provided that Volcano does not indicate Customer as the source of the Feedback. All Feedback is provided without warranties or restrictions.

5.2 Customer Content. As between the parties, You or Your licensors retain all rights, title and interest (including any and all intellectual property rights) in and to the Customer Content, except that any Volcano Technology contained in Customer Input, such as Documentation or other pre-existing Volcano Technology, remains Volcano Technology. You are solely responsible for Customer’s Content. Subject to the terms of the Agreement, You hereby grant to Volcano a non-exclusive, worldwide, royalty-free, fully paid, sublicensable, transferable, right and license to process, make copies, host, display, modify, publish, archive, parse, adapt, use, access, store, distribute, perform, reproduce, and create derivative works thereof of the Customer Content: (i) to provide the Products including the AI Features and AI Output to Customer; (ii) to manage and monitor Customer’s Account and usage of the Products; (iii) to improve and develop the Products; (iv) to secure and protect against fraud, unlawful activity, abuse, malware, malicious content, viruses, and misuse of the Products and Volcano’s systems, including violation of the AUP; (v) to provide support to Customer; and (vi) as may be required by law. You agree that We may use Customer Content and AI Output to train the AI Features and machine learning models, and We may share Customer Content and AI Output with third parties for the purpose of developing and improving their products, including training and improving their AI and machine learning models.

5.3 Usage Data. You agree that Volcano owns all rights, title, and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Usage Data. Volcano may (i) use such Usage Data for any business purpose in its sole discretion; or (ii) disclose such Usage Data solely to the extent the Usage Data is aggregated or de-identified such that You cannot reasonably be identified.

6. AI Tools

*Summary: Our AI Tools section outlines how You can utilize Volcano's AI Features and integrate third-party technologies. You maintain control over configurations and operational permissions, while remaining responsible for independently reviewing all AI Outputs for accuracy and suitability. Please ensure all Your usage adheres to our specific restrictions and safety guidelines to ensure a compliant and productive experience.*

6.1 AI. The Products may incorporate or provide access to artificial intelligence and machine learning capabilities, including features that generate content, make recommendations, perform tasks, interact with external systems, or enable You to access or use third-party artificial intelligence technologies and models (collectively, “AI Features”). Certain AI Features may be capable of performing actions with limited or no human intervention, including by communicating with or taking actions through third-party applications, services, or systems connected to the Products. Where applicable, You may control or configure the scope of such actions through available Account settings, permissions, approval requirements, or other controls. You are solely responsible for establishing and maintaining appropriate configurations, permissions, approval mechanisms, and other safeguards based on Customer’s legal, regulatory, security, operational, and business requirements. You acknowledge and agree that actions taken by AI Features within the scope of the permissions and configurations established by Customer are taken on Your behalf, and You authorize such actions and agree to be legally bound by them. The AI Features, as made available by Volcano and when used in accordance with the Documentation and the Agreement, are not designed or intended for use as a High-Risk AI System under the EU Artificial Intelligence Act.

6.2 Third-Party Technologies. You may also enable or permit Your own artificial intelligence systems, agents, automated tools, or other third-party technologies (collectively, “Third-Party Technologies”) to access or interact with the Products, including by providing such Third-Party Technologies with credentials, authentication information, API keys, secrets, repository access, or other permissions. By enabling such access, You authorize the applicable Third-Party Technologies to act on Your behalf within the scope of the access and permissions granted by You.

6.3 Additional AI Feature Restrictions. You must not, and must not permit any third party, directly or indirectly, to: i) use the AI Features to remove any metadata or identifiers that denote content was AI-generated; ii) represent to others that an AI Output was human generated; iii) use the AI Features for any “high risk” areas under the EU AI ACT or in violation of such act; or iv) otherwise use the AI Features in a manner restricted by applicable law or the restrictions in Section 3.2 (Restrictions) herein.

6.4 Responsibility For AI Features, Third-Party Technologies, and AI Outputs. To the extent permitted by applicable law, You acknowledge and agree that any Third-Party Technologies or AI Features that are authorized by You to perform actions on Your behalf constitutes an electronic agent of Customer, or its equivalent, for purposes of the Uniform Electronic Transactions Act and other applicable laws governing electronic transactions. Actions, communications, instructions, and transactions initiated by such electronic agents within the scope of Your authorizations will be deemed to have been initiated or authorized by Customer. Except to the extent expressly provided otherwise in this Agreement, Volcano does not control and is not responsible for actions taken by Third-Party Technologies or AI Features on Your behalf, or for any resulting loss, damage, liability, cost, or other consequence arising from or relating to such actions. You are responsible for independently reviewing and evaluating any AI Outputs before relying upon or using such AI Outputs and for determining whether such AI Outputs are accurate, complete, lawful, appropriate, or suitable for Your particular purposes. You agree to be solely responsible for Your use of Third-Party Technologies, AI Output, and AI Features, including the configuration, authorization, supervision, use, and review of such technologies and features and for any fees, charges, usage-based costs, or other expenses resulting from the use of the Products by or through Third-Party Technologies.

7. Payment, Credits, and Taxes.

*Summary: We manage Your billing and credits to support Your ongoing access to Our Products. Subscription Fees are processed automatically to maintain Your Subscription and We ask You to keep Your payment details current. Credits offer a flexible way to handle usage while You remain responsible for any applicable taxes and related government charges.*

7.1 Fees. Paid Tier Subscriptions for Products are billed in advance on a monthly or on an annual basis and renew automatically unless You cancel before the renewal date (“Subscription Fees”). Unless as otherwise provided in this Agreement or as otherwise approved by Volcano, all Subscription Fees are non-refundable. Notwithstanding the foregoing, You may cancel their subscription at any time by reaching out to Volcano or via Your Account settings. Subscription Fees may be invoiced and and paid through Volcano’s third-party payment processor and You agree that Volcano may share Your payment information with such third-parties. You agree to pay all Subscription Fees in accordance with the applicable invoice. You acknowledge and agree that Volcano or its third-party processor will automatically charge Your credit card or other payment method on record in connection with Your Subscription to the Products monthly or annually in advance of each Subscription Term, or at any point during Your Subscription to the Products. You represent and warrant that all payment information is true and accurate and You are authorized to use such a payment method. You shall promptly update Your Account Information in the event any payment information is not accurate. If Volcano or its third-party payment processor is unable to successfully charge Your payment method, Volcano reserves the right to suspend or terminate Your access to Your Account or Subscription to the Products. Subscription Fees and Subscription entitlements are subject to change at any time. Volcano will notify You of any Subscription Fee changes by updating the following website: https://volcano.dev/pricing or providing notice to You via Your email or Account. Your continued use of the Products after any Subscription Fees changes becomes effective constitutes Your agreement to pay the changed amount.

7.2 Credits.

1) Credit Basics. Additional usage Credits may be purchased. You may purchase Credits in the amounts and at the prices offered by Volcano from time to time. Purchased Credits are prepaid and may be used only in connection with the Products and in accordance with the applicable usage rates and rules established by Volcano. Credits are deducted from Your available balance as You incur applicable usage charges. Credits do not constitute currency, money, a deposit, stored value, a security, or any other form of monetary asset, and do not represent a deposit, account balance, or property interest of you. Except as expressly required by applicable law or provided in this Agreement, Credits are not redeemable for cash and may not be transferred, resold, or exchanged for money or any other consideration.

2) Credit Referral and Donation. Volcano may, in its discretion, provide or permit You to earn Credits through donations, promotions, incentives, referrals, rewards, contributions, or other programs offered by Volcano. These Credits may be subject to minimum or maximum transfer amounts, eligibility requirements, expiration dates, and other restrictions established by Volcano. Once transferred, Credits may not be returned, reversed, or redeemed for cash except as expressly permitted by Volcano or required by applicable law.

3) Credit Expiration. Unless otherwise stated at the time of purchase or issuance, Credits will expire twelve (12) months after issuance or purchase, whichever is applicable. All referral and donated Credits will expire seven (7) days from the send date if not activated by the transferee. Volcano may establish expiration periods for earned, promotional, or bonus Credits and will identify any applicable expiration terms when such Credits are issued or otherwise made available. Upon termination or expiration of Customer’s Account or Agreement, any unused Credits will be freezed and will have no further value, except to the extent otherwise required by applicable law or expressly provided in this Agreement. Volcano will have no obligation to refund or compensate You for unused Credits. Your Credits will be reactivated upon the purchase of a new Subscription, provided the issuance of the Credits is within twelve (12) months.

7.3 Taxes. All Subscription Fees and other charges payable by You are exclusive of applicable taxes and duties, such as VAT and applicable sales tax. You are responsible for all taxes including, VAT, sales tax, use tax, VAT, and GST, and any duties or government charges, that apply to Your Subscription, other than taxes based on Volcano’s net income. If You are legally entitled to an exemption from any sales, use, or similar transaction tax, Customer is responsible for providing Volcano with legally sufficient tax exemption certificates for each taxing jurisdiction. If applicable law requires You to withhold any amount from its payment to Volcano, You will provide Volcano with copies of documents related to such withholding upon Volcano’s request.

8. Confidentiality.

*Summary: We know the importance of Your Confidential Information, so We agree to protect it. We also expect the same for Our Confidential Information.*

8.1 “Confidential Information” means any non-public data, information and other materials regarding the Products, software, services, or business of a party (and/or, if either party is bound to protect the confidentiality of any third party’s information, of a third party) provided by or made available by one party and/or its Affiliates (“Disclosing Party”), either directly or indirectly through third parties, to the other party and/or its Affiliates (“Receiving Party”) where the information is marked or otherwise communicated as being “proprietary” or “confidential” or the like, or where the information should, by its nature, be reasonably considered to be confidential and/or proprietary. Notwithstanding the foregoing, Confidential Information will not include information which: (i) is already known to the Receiving Party prior to disclosure by the Disclosing Party; (ii) becomes publicly available without fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without restriction as to disclosure, or is approved for release by written authorization of the Disclosing Party; or (iv) is independently developed or created by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information.

8.2 Duties. Except as expressly authorized in this Agreement, the Receiving Party agrees to: (i) use the Confidential Information of the Disclosing Party only to perform under this Agreement (including providing the features and services associated with the normal use of the Products) or exercise rights granted to it under this Agreement; (ii) treat all Confidential Information of the Disclosing Party in the same manner as it treats its own similar proprietary information, but in no case with less than reasonable care; and (iii) disclose the Disclosing Party’s Confidential Information only to its Affiliates, and those employees, service providers, agents and contractors of the Receiving Party and those of its Affiliates who have a need to know the Confidential Information for the purposes of this Agreement, provided that any such employee, service provider, agent or contractor must be subject to written obligations of non-use and confidentiality with respect to the Confidential Information at least as restrictive as the terms of this Agreement, and the Receiving Party will remain liable for any non-compliance of such Affiliates, and its or their employees, service providers, agents or contractors with the terms of this Agreement. The Receiving Party shall keep the Disclosing Party’s Confidential Information secret for two (2) years from the date of disclosure.

8.3 Disclosures Required by Law. Either party may disclose Confidential Information of the other party if it is required to be disclosed by law or governmental regulation, provided that the Receiving Party provides reasonable notice to Disclosing Party of the required disclosure (to the extent permitted by law), reasonably cooperates with the Disclosing Party in limiting the disclosure and ensuring confidential handling of the Confidential Information, and only discloses that portion of Confidential Information necessary to comply.

9. Term, Suspension, and Termination.

*Summary: We may terminate or suspend access to Our Products. Please read the below carefully to avoid suspension or termination as We do not provide refunds.*

9.1 Term. Subject to earlier termination as provided below, this Agreement starts on the date You first create an account to access the Products or the Subscription Start Date, whichever is earlier, and will remain in effect for as long as Products are being provided to You. Your Subscription to the Products shall automatically renew for successive terms equally to the duration of the initial term, unless otherwise terminated in accordance with the below.

9.2 Suspension. In addition to any of its other rights or remedies, Volcano may suspend Your access to all or any portion of the Products if: (i) Volcano reasonably determines that Your use of the Products is in violation of Section 3 (Customer Obligations); (ii) Volcano reasonably determines suspension is necessary to avoid material harm to You, Volcano, the Products, or Volcano's other customers and users, including if the Products are experiencing a Force Majeure Condition; (iii) You fail to pay the Subscription Fees by the due date; (v) You exceed the limits concerning Your use of the Products including but not limited to the usage limits, maximum compute capacity provided, or the maximum storage space allotted; or (v) required by law or legal process. Volcano will notify You of any suspension as soon as reasonably practicable, unless prohibited by applicable law or legal process. Volcano will restore Your access as soon as reasonably practicable after the circumstances giving rise to the suspension have been cured or resolved.

9.2 Termination. You may downgrade a Paid Tier to a Free Tier or terminate Your Subscription at any time by sending a cancellation request to Volcano or via Your Account settings. Volcano may terminate this Agreement, Customer’s Subscription, and Customer’s Account: (i) if You materially breach any provision of this Agreement (including a failure to pay the Subscription Fees) and the breach remains uncured for two (2) days after being provided notice of the breach; (ii) effective immediately, in the event a suspension under Section 9.1 that is not cured within three (3) days of written notice to the Your email (except for Section 9.1(iii) which is covered under Section 92(i)); or (iii) effective immediately, upon thirty (30) days prior written notice to Your email. You agree that Volcano reserves the right to terminate any Account that is inactive for an extended period of time.

9.3 Effect of Termination. In the event of termination or suspension, You will not be refunded for Your current Subscription, however You will not be charged after the current Subscription has ended. Upon termination of the Subscription, all licenses to Volcano Products granted herein shall automatically terminate and You shall no longer have access to the Products. Volcano will delete any Customer Content stored in the Products after termination of Customer’s Subscription or this Agreement, unless necessary to keep for Volcano’s legitimate business or legal interests. Any terms or sections which by their nature should reasonably survive will survive the termination or expiration of this Agreement, including Section 1 (Definitions), Section 3 (Customer Obligations), Section 5 (Intellectual Property), Section 7 (Payment, Credits, and Taxes), Section 8 (Confidentiality), Sub-Section 9.3 (Effect of Termination), Section 10 (Indemnification), Sub-Section 11.3 (Disclaimers), Section 12 (Limitation of Liability), and Section 13 (General).

10. Indemnification.

*Summary. Unfortunately, things may go wrong and We may be sued. In such cases, We need to ensure that We are protected from issues we did not cause as You are responsible for Your use.*

10.1 Customer Indemnification. You will defend, indemnify, and hold Volcano and its officers, directors, and employees (“Volcano Indemnitees”) harmless from and against any claim, suit, proceeding, demands, losses, liabilities, damages, costs and expense (including reasonable attorneys’ fees) by a third party (each a “Cliam”) arising from or relating to (i) any Customer Content or Customer’s use of the AI Output; (ii) Customer’s breach of this Agreement or applicable law; (iii) Customer’s gross negligence, willful misconduct, or fraud; or (iv) any infringement or misappropriation arising out of Customer’s use of the Products, the AI Output, or Volcano’s website. Failure by the Volcano Indemnities to promptly notify You of a Claim under this Section 10 will not relieve You of Your obligations under this Section 10. Volcano Indemnitees’ may participate in the defense of the Claim with its own counsel at its own expense. You may not settle any Claim if the settlement would require obligation on the part of the Volcano Indemnitees’, or any admission of fault by the Volcano Indemnitees’, without the Volcano Indemnitees’ prior written consent, such consent not to be unreasonably withheld, conditioned or delayed.

11. Representations and Warranties.

*Summary: We are providing Our Products to You without any guarantees. Please read this section carefully; You should understand what to expect.*

11.1 Mutual Warranties. Each party represents and warrants to the other that it has the full power to enter into this Agreement.

11.2 Customer Representations. You represent and warrant that: (i) You own all Customer Content and have all rights, consents, release, and licenses necessary and required to submit such content to the Products and provide access to third party services; (ii) Customer Content, Your use of the Products and AI Output, and Volcano’s exercise of the rights and licenses granted under this Agreement will not infringe, misappropriate, or otherwise violate any third-party intellectual property, privacy, publicity, or other proprietary rights; (iii) Customer Content and Your use of the Products and AI Output will comply with this Agreement, Volcano’s applicable published policies and Documentation, and all applicable laws and regulations; and (iv) You are not a target of sanctions administered by applicable governments including the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the U.S. Department of State.

11.3 DISCLAIMERS. EXCEPT FOR THE WARRANTIES EXPRESSLY SET OUT IN THIS AGREEMENT, THE PRODUCTS AND AI OUTPUT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, OR ACCURACY. VOLCANO DOES NOT WARRANT THAT THE PRODUCTS WILL BE ERROR FREE OR THAT THEIR USE WILL BE SECURE, UNINTERRUPTED, OR ERROR FREE; NOR THAT ANY AI OUTPUT WILL BE RELIABLE, ACCURATE, ERROR FREE, OR SUITABLE FOR YOUR INTENDED USE. WITHOUT LIMITING THE FOREGOING, VOLCANO WILL NOT BE LIABLE FOR ANY DOWNTIME, FAILURES, DELAYS, OR OTHER ISSUES CAUSED BY INFRASTRUCTURE PROVIDERS, THIRD-PARTY TECHNOLOGIES, OR OTHER THIRD PARTIES; FOR ERRORS OR INACCURACIES IN AI OUTPUT; FOR ANY ACT OR OMISSION BY CUSTOMER, YOUR USERS OR CUSTOMERS, OR ANYONE USING YOUR ACCOUNT; OR FOR LOSS OF CUSTOMER CONTENT.

12. Limitation of Liability.

*Summary: We will not be liable for certain damages. Please read this Section carefully as it limits our liability to You.*

12.1 Waiver. YOU UNDERSTAND THAT YOUR USE OF THE PRODUCTS IS PREDICATED ON YOUR WAIVER OF RIGHT TO SUE OR TO PARTICIPATE IN A CLASS OR MULTI-PLAINTIFF ACTION, SUIT, OR PROCEEDING FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE PRODUCTS. YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF IN A CLASS ACTION.

12.2 Damages. EXCEPT FOR (I) CUSTOMER’S BREACH OF SUB-SECTION 3.2 (RESTRICTIONS), SECTION 8 (CONFIDENTIALITY), OR SUB-SECTION 7.1 (FEES); (II) CUSTOMER’S INDEMNIFICATION OBLIGATIONS; AND (III) CUSTOMER’S BREACH OF ANY OF ITS REPRESENTATIONS OR WARRANTIES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT WILL A PARTY OR ITS AFFILIATES BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES FOR ANY SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, RELIANCE, EXEMPLARY OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOST REVENUE, LOST PROFIT, LOSS OF BUSINESS, LOSS OF CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL, COST OF DELAY, OR FOR ANY LOST, INACCURATE OR DAMAGED DATA, OR ANY BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ARISING FROM THE PRODUCTS, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF THE DAMAGES OR LOSS; AND (B) EACH PARTY’S TOTAL AGGREGATE LIABILITY TO THE OTHER PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THE USE OF OR INABILITY TO USE THE PRODUCTS, SHALL NOT EXCEED THE SUBSCRIPTION FEES RECEIVED BY VOLCANO IN EACH CASE UNDER THE RELEVANT SUBSCRIPTION TO WHICH THE LIABILITY RELATES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT FIRST GIVING RISE TO THE LIABILITY.

12.3 Acknowledgement. THE PARTIES AGREE THAT THIS SECTION 12 WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON INCIDENTAL DAMAGES, WHICH MEANS THAT THE ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN THESE STATES, VOLCANO’S TOTAL AGGREGATE LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

13. General.

*Summary. This section is full of standard boring contract terms. However, please be aware that all disputes will be resolved via arbitration under California law.*

13.1 Arbitration and Governing Law. Any claim, distribute, or controversy arising from this Agreement, including the DPA, (a “Dispute”) shall be resolved by arbitration. The parties agree to first attempt to resolve the Dispute in good faith within thirty (30) days written notice of the Dispute. If the Dispute is not resolved, the parties will submit the Dispute for arbitration by the American Arbitration Association’s International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this Agreement ("Rules"). The parties will mutually select one arbitrator. The arbitration will be conducted in English in San Francisco, California, USA. By agreeing to mandatory arbitration as set forth herein, You and Volcano knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim, except that either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement. The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property. Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute. This Agreement will be governed by the laws of California (without regard to the conflicts of law provisions of any jurisdiction), and claims arising out of or in connection with this Agreement will be subject to the exclusive jurisdiction of San Francisco, California. The United Nations Convention of Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act will not apply to this Agreement.

13.2 Illegality. Should any term of this Agreement be declared invalid, void or unenforceable by any court of competent jurisdiction, that provision will be modified, limited or eliminated to the minimum extent necessary to effectuate the original intent and such declaration will have no effect on the remaining terms of this Agreement, which will continue in full force and effect.

13.3 Waiver. Volcano’s failure to enforce any rights granted under this Agreement or to take action against the other party in the event of any breach under this Agreement will not be deemed a waiver by Volcano as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

13.4 Amendments and Assignment. This Agreement may not be amended, assigned, or transferred without Volcano’s written consent, provided Volcano expressly reserves the right to assign this Agreement without restriction and amend this Agreement as permitted herein. Any action or conduct in violation of the foregoing will be void and without effect. All validly assigned rights and obligations of the parties under this Agreement will be binding upon and inure to the benefit of and be enforceable by and against the successors and permitted assigns.

13.5 Notice. Volcano may provide any notice to You by sending an email to the email address identified in Customer’s Account or as otherwise permitted via this Agreement. You are responsible for updating Your information with Volcano, including providing Volcano with an up-to-date e-mail address for the provision of notices under the Agreement. All notices to Volcano shall be sent to legal@volcano.dev.

13.6 Relationship of the Parties. This Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between the parties. Neither party has the authority to bind the other party.

13.7 Publicity. You agree that Volcano may use Your name, logos, and trademarks to identify You as a customer of Volcano on its website and in its marketing materials. Volcano will abide by any usage guidelines provided to Volcano in writing. Volcano agrees that any goodwill arising from Volcano’s use of Your name, logo, or trademarks shall inure Your benefit.

13.8 Force Majeure. Except as expressly provided in this Agreement, Volcano will not be liable for any delay in performance due to act of God, nature or a public enemy, earthquake, flood, fire, government order, riot, civil disobedience, labor strife, or any other cause that is beyond its reasonable control and without its fault or negligence, including, by way of example and not limitation, interruption of electricity, communication or transportation, denial of service attack, or failure of the internet or its third party service providers (a “Force Majeure Condition”).

13.9 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Except as expressly provided in this Agreement, this Agreement supersedes and cancels all previous written and previous or contemporaneous oral communications, proposals, representations, and agreements relating to the subject matter contained in this Agreement.

Questions about this Agreement? Please reach out to legal@volcano.dev.