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airays Business Supplement

This Business Supplement ("Supplement") applies when a customer subscribes to the airays Business tier or an enterprise plan ("Business Customer"). It is part of and incorporated into the Terms of Service. The consumer ToS applies to Business Customers except where this Supplement states otherwise; where they conflict for a Business Customer, this Supplement prevails.

Together with the Data Processing Addendum (DPA), Service Level Agreement (SLA), Privacy Policy, and Acceptable Use Policy, this Supplement forms the airays Business Agreement.

1. Definitions

  • "Administrator" — an End User designated by the Business Customer with authority to manage the account, add and remove seats, view usage reports, and configure policies.
  • "End User" — an individual authorized by the Business Customer to use airays under the Business Customer's account (typically an employee).
  • "Customer Data" — any data submitted to airays by an Administrator or End User in the course of using the service, including messages, prompts, uploads, and generated outputs.
  • "Seat" — a licensed End User account under the Business Customer's subscription.

2. Seat management

Business Customer's subscription is licensed per Seat. Adding Seats mid-cycle prorates the incremental charge to the current billing period. Removing Seats takes effect at the next billing period; removed Seats' data is preserved until the Business Customer confirms deletion (or the End User separately closes their account).

Administrators may transfer ownership of content between Seats (for example, when an employee leaves the company) via the Business admin dashboard. Customer Data associated with a Seat remains subject to the Business Customer's control until deleted.

3. Administrator responsibilities

  • The Business Customer is responsible for its Administrators' actions
  • The Business Customer is responsible for its End Users' compliance with the Acceptable Use Policy and applicable law
  • The Business Customer must have lawful authority to authorize each End User (typically an employment relationship or a written data-processing agreement with the End User's organization)
  • The Business Customer represents that it has provided appropriate notices to End Users about the processing of their personal data under this Supplement and the airays Privacy Policy

3.5 Ad-free and affiliate-free by default

The Business tier is provided without third-party advertising, sponsored system messages, or affiliate-tagged links in AI Outputs by default. This is a foundational commitment to Business Customers, whose End Users typically use airays in the course of employment where advertising is inappropriate.

Administrators may enable affiliate recommendations for their team from the admin dashboard if they wish (for example, for shopping-focused workflows). Advertising other than affiliate recommendations will not be enabled for Business tier accounts without explicit written agreement.

4. Shared Responsibility Model

airays and the Business Customer share responsibility for the security of Customer Data. The division is as follows:

airays is responsible for:

  • Security of the airays platform (hosting, edge network, storage encryption at rest, TLS in transit)
  • Sub-processor selection and oversight (see the Privacy Policy)
  • Access controls limiting our personnel from Customer Data (need-to-know)
  • Application-layer security (authentication, session management, entitlement enforcement)
  • Incident detection and response for platform-level events
  • Availability and performance per the SLA

Business Customer is responsible for:

  • Managing Administrator and End User access to the Business account
  • Configuring policies (Emotional Shield sensitivity, budgets, retention, connector permissions) appropriately for the Business Customer's use case
  • Training End Users on secure use of airays (choice of AI prompts, handling of AI Outputs, etc.)
  • Confirming that its use of airays complies with applicable law in the Business Customer's jurisdiction
  • Obtaining consent from third parties whose data is submitted to airays (recipients of messages, subjects of voice cloning, etc.)
  • Notifying End Users of the Business Customer's own data-handling practices

5. Data Processing Addendum

For processing of personal data on behalf of the Business Customer that is subject to GDPR, UK-GDPR, LGPD, or equivalent laws, the Data Processing Addendum applies. The DPA is incorporated by reference and is deemed executed when the Business Customer accepts this Supplement or begins using the Business tier.

6. Service Level Agreement

airays commits to the availability targets set out in the Service Level Agreement. Service credits are the Business Customer's sole and exclusive remedy for availability failures.

7. Sub-processor change notification

airays maintains a list of sub-processors at /legal/privacy Section 7. airays will notify Business Customers by email at least 30 days before adding or replacing a sub-processor. Business Customers may object to a proposed sub-processor within 15 days of notification on reasonable grounds; if the parties cannot resolve the objection, the Business Customer may terminate its subscription for a pro-rata refund of unused prepaid fees.

8. Publicity and marketing

During the term of the Business subscription and for 12 months thereafter, airays may use the Business Customer's name and logo in customer lists, on the airays website, and in presentations to identify the Business Customer as an airays customer. airays will follow reasonable brand-usage guidelines the Business Customer provides.

The Business Customer may opt out of publicity use by emailing legal@airays.ai with the subject line "Opt out of publicity" within 30 days of subscription start. Case studies, testimonials, and other marketing materials that go beyond a name-and-logo listing require the Business Customer's separate written consent.

9. Confidentiality

Each party will (a) protect the other's Confidential Information using at least the same care it uses to protect its own, and no less than reasonable care, and (b) use Confidential Information only to perform under this Supplement.

Confidential Information includes airays technical roadmap, pricing not publicly disclosed, and non-public product information; and Business Customer's Customer Data, employee lists, and non-public business information.

Confidentiality obligations survive termination for 5 years, except that Customer Data confidentiality is perpetual.

10. Warranties

airays warrants that during the term of the subscription (a) airays will provide the service in accordance with this Supplement and the SLA, and (b) airays will not materially decrease the functionality of the Business tier without at least 90 days notice.

Business Customer warrants that (a) it has the right to submit Customer Data to airays, (b) its use of airays complies with applicable law, and (c) it will not use airays for any purpose prohibited by the Acceptable Use Policy.

11. Indemnification

By airays. airays will defend the Business Customer against any third-party claim alleging that the airays service (excluding Customer Data and AI Outputs) as provided by airays infringes a valid patent, copyright, or trademark of the third party, and will indemnify the Business Customer against amounts finally awarded by a court or paid in settlement approved by airays.

By Business Customer. Business Customer will defend airays against any third-party claim arising out of (a) Business Customer's or its End Users' violation of the Acceptable Use Policy, (b) Customer Data or its use, or (c) Business Customer's or its End Users' use of AI Outputs.

Indemnification requires prompt notice of the claim, sole control of defense and settlement (subject to no admission of liability or fault on behalf of the indemnified party without that party's consent), and reasonable cooperation.

12. Limitation of liability (Business tier)

Notwithstanding Section 14 of the consumer ToS, for Business Customers, airays's total aggregate liability arising out of or in connection with the service is limited to the greater of (a) the amount the Business Customer paid airays in the twelve months before the event giving rise to the liability, or (b) US $10,000.

Neither party's exclusions and limitations of liability apply to (a) confidentiality breaches, (b) intellectual-property infringement, (c) indemnification obligations, or (d) violation of applicable law by the Business Customer.

13. Insurance

airays maintains commercially reasonable insurance policies appropriate to its business, including cyber-liability insurance and errors-and-omissions insurance. Details of coverage limits are available on request under an appropriate NDA.

14. Compliance certifications (planned)

airays intends to obtain and maintain the following certifications and attestations as the Business tier matures:

  • SOC 2 Type II (targeted within 12 months of Business tier launch)
  • ISO/IEC 27001 (targeted within 18 months)
  • HIPAA Business Associate Agreement (available on request once SOC 2 is in place)

Business Customers may request a copy of current attestation reports under an appropriate NDA. Until formal certifications are complete, airays will provide security whitepapers and security-questionnaire responses on request.

15. Payment (Business tier)

Business Customers are invoiced monthly or annually in advance, at the Business Customer's election. Invoices are due Net 30. Late payments accrue interest at 1% per month or the maximum permitted by law, whichever is lower.

For enterprise customers with annual contracts, custom payment terms may be negotiated in a separate order form.

16. Term and termination (Business tier)

Business subscriptions have an initial term of one month (monthly billing) or one year (annual billing), renewing automatically for successive periods of the same length unless either party gives at least 30 days notice of non-renewal.

Either party may terminate for cause on 30 days written notice of the other's material breach if the breach is not cured within the notice period. Either party may terminate immediately if the other becomes insolvent, files for bankruptcy, or ceases doing business.

On termination, airays will provide the Business Customer with a 30-day window to export Customer Data. After that window, Customer Data will be purged per the Privacy Policy's account-deletion cascade.

17. Governing law and dispute resolution

These Business terms are governed by the laws of Delaware. For Business Customers, the arbitration and class-action waiver provisions of Section 18 of the consumer ToS do not apply. Disputes will be resolved in the state and federal courts located in Wilmington, Delaware, and each party submits to the exclusive jurisdiction of those courts.

18. Entire agreement

This Supplement, together with the consumer ToS, DPA, SLA, Privacy Policy, and Acceptable Use Policy, constitutes the entire agreement between airays and the Business Customer regarding the service. It supersedes any prior discussions or agreements. Purchase-order terms or click-through terms in third-party procurement platforms are expressly rejected unless separately signed by an authorized airays officer.

19. Contact

For Business Customer inquiries: business@airays.ai.
For legal: legal@airays.ai.
For security: security@airays.ai.