Terms of Service

1. Acceptance of Terms

By accessing or using the websites, products, or services of Eraire, LLC (“Eraire,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, you may not use our services.

2. Our Business

Eraire operates a dual business model as a technology consulting agency and a Software-as-a-Service (SaaS) provider:

• Custom Enterprise Consulting (B2B): high-performance web development, edge computing architecture, UI/UX design engineering, and third-party AI API integration for business clients, delivered under Statements of Work (“SOW”) or similar agreements, with project-based fees and optional maintenance retainers invoiced to clients.
• Proprietary Software Products (SaaS): digital tools and software platforms we design, develop, and operate, offered to professionals, developers, and small businesses on monthly or annual subscription plans.

A specific product may publish supplemental terms at its own URL; if those terms conflict with these Terms for that product, the product-specific terms control for your use of that product.

3. Consulting Services

Consulting services are provided to business clients pursuant to a written SOW or engagement letter that defines scope, deliverables, timeline, fees, and other commercial terms. Unless otherwise stated in the SOW, consulting services are business-to-business offerings and are not intended for consumer use.

4. Statements of Work & Engagements

Each consulting engagement is governed by a signed SOW or engagement agreement. In the event of a conflict between these Terms and an SOW, the SOW prevails for that engagement.

5. Consulting Fees & Invoicing

Consulting fees are set forth in the applicable SOW. Invoices are due within thirty (30) days of receipt unless otherwise specified. Late payments may incur interest at the lesser of 1.5% per month or the maximum amount permitted by applicable law.

6. SaaS Products & Subscriptions

Access to our proprietary software products is provided on a subscription basis (monthly, annual, or as stated at purchase). By subscribing, you authorize us and our payment processors to charge recurring fees until you cancel in accordance with the product's cancellation process.

• Subscriptions renew automatically at the end of each billing period unless canceled before the renewal date.
• Fees are non-refundable except where required by law or expressly stated in writing for a specific product or promotion.
• We may change subscription pricing with reasonable notice; changes apply at the next renewal after notice.
• We may suspend or terminate access for non-payment, violation of these Terms, or misuse of the service.

7. Accounts & Acceptable Use

Certain products require an account. You are responsible for safeguarding credentials and for activity under your account. You agree not to misuse our services, including by attempting unauthorized access, interfering with operation, infringing intellectual property, or using services in violation of applicable law.

8. Intellectual Property

Consulting: Upon full payment, Eraire assigns to the client all rights, title, and interest in custom deliverables created specifically for the client under the SOW. Eraire retains ownership of pre-existing intellectual property, tools, frameworks, and methodologies.

SaaS: We and our licensors retain all rights in our products, software, branding, and content. Subscriptions grant a limited, non-exclusive, non-transferable right to access and use the applicable product during an active paid term, subject to these Terms.

9. Confidentiality

For consulting engagements, both parties agree to maintain the confidentiality of proprietary information disclosed during the engagement. This obligation survives termination for five (5) years, unless a longer period is specified in the SOW.

10. Warranties & Disclaimers

Eraire warrants that consulting services will be performed in a professional and workmanlike manner. Our SaaS products are provided on an “as is” and “as available” basis. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ERAIRE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant uninterrupted or error-free operation of any website or product.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ERAIRE'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) AMOUNTS PAID BY YOU TO ERAIRE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM FOR THE SERVICE GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). IN NO EVENT SHALL ERAIRE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

12. Indemnification

Each party agrees to indemnify and hold harmless the other party from third-party claims arising out of the indemnifying party's breach of these Terms, negligence, or willful misconduct, except to the extent caused by the other party.

13. Term & Termination

Consulting engagements may be terminated as set forth in the applicable SOW. SaaS subscriptions may be canceled according to the product's cancellation instructions; cancellation stops future charges but does not entitle you to a refund for the current period unless required by law. Upon termination, you must cease use of the affected services and we may delete account data after any post-termination retention period described in our Privacy Policy.

14. Governing Law

These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict-of-law principles. Disputes shall be resolved in the state or federal courts located in Sheridan County, Wyoming.

15. Contact

For questions about these Terms, contact us at [email protected].