Terms of Service

2. Privacy-First Philosophy

Concentrate's platform architecture is designed with a privacy-by-design mentality, incorporating strict data minimization, compartmentalized routing, and modern privacy engineering patterns. These include separation of duties, temporary processing pathways, optional zero-retention settings, and routing controls aligned with GDPR, CPRA, and emerging AI governance standards. These statements reflect Concentrate's operational philosophy only and do not constitute warranties, commitments, or enforceable obligations beyond what is explicitly stated. Customer remains fully responsible for its own compliance with privacy, security, and data governance requirements.

Concentrate implements privacy and security controls designed to support Customer's compliance efforts; however, Customer remains solely responsible for determining appropriate use and configurations and for its compliance obligations. Concentrate does not provide legal advice and does not warrant that Customer's use of the Services will satisfy any law, regulation, or regulatory guidance.

Concentrate's binding security obligations are limited to those expressly set forth in Section 12.

3. Services Overview

Concentrate provides model routing and orchestration to third-party Model Providers through the Services. Outputs may contain inaccuracies, hallucinations, or harmful content. Customer is solely responsible for validating Outputs, implementing internal safeguards, and determining whether to rely on Outputs. Concentrate shall have no liability arising from or relating to Outputs.

4. Account Security and Credential Management

4.1 Customer Sole Responsibility

Customer is solely responsible for the security, confidentiality, and integrity of all authentication credentials, API keys, access tokens, service accounts, webhooks, routing rules, and configuration settings associated with its use of the Services ("Account Credentials"). Concentrate does not monitor or control Customer's internal access permissions, credential storage practices, employee usage, or operational environment.

4.2 Access Controls

Customer shall implement and maintain robust access controls, including (a) limiting access to authorized personnel on a least-privilege basis, (b) rotating credentials periodically and without undue delay upon employee departure or role change, and (c) preventing shared or unsecured credential usage. Concentrate may provide optional mechanisms (e.g., API key scopes, environment separation, routing isolation), but Customer remains fully accountable for configuration and enforcement.

4.3 Misuse and Unauthorized Activity

Customer is responsible for all actions taken using its Account Credentials, whether performed by Customer employees, contractors, systems, third-party tools, or any other actor who gains access through Customer's environment. Without limiting the foregoing, Customer assumes full responsibility for any misuse, overage, routing loops, data exposure, or unintended model calls generated from its account, even if caused by negligent credential handling, compromised environments, insecure storage practices, CI/CD leakage, developer error, or insider actions.

4.4 Compromise Notification

Customer shall notify Concentrate promptly upon discovering, suspecting, or reasonably believing that Account Credentials have been lost, stolen, exposed, leaked, misused, or compromised. Concentrate may, at its discretion, disable or rotate affected credentials, but Customer remains responsible for all activity up until Concentrate's technical controls have taken effect.

4.5 No Liability for Customer Environment

Concentrate is not responsible for:

• (a) vulnerabilities or misconfigurations within Customer's systems, code, devices, CI/CD pipelines, repositories, build systems, or third-party integrations;
• (b) actions of Customer's personnel or contractors (including improper key sharing or exfiltration);
• (c) attacks or unauthorized access arising from Customer's infrastructure security gaps; or
• (d) any security, privacy, billing, or compliance consequences arising from Customer's failure to adequately secure its environment.

4.6 Optional Tools; No Guarantee

Concentrate may offer optional dashboard tools, logs, key-scoping features, usage alerts, anomaly detectors, or other security-assistance mechanisms for Customer's convenience. These tools are informational only and do not create warranties, obligations, or assurances. Customer remains solely responsible for monitoring usage, detecting anomalies, and securing its systems.

4.7 Right to Suspend for Security

Where Concentrate reasonably suspects misuse, credential leakage, or harmful activity emanating from Customer's account, Concentrate may, in its sole discretion, temporarily suspend or limit access to the Services to protect the integrity of the Services. Such suspension is not a breach by Concentrate and creates no liability for Concentrate. Concentrate will notify Customer as soon as reasonably practicable following such suspension.

4.8 International Model Hosting Disclosure

Certain AI models made available through the Concentrate platform are developed and hosted by third-party providers in international jurisdictions, including the People's Republic of China.

When a Customer enables a model operated by a provider in China, prompts, inputs, request metadata, and generated outputs may be processed in that jurisdiction in order to deliver inference results. Data processed in China is subject to applicable PRC laws, including the Cybersecurity Law, Data Security Law, and Personal Information Protection Law, and may be accessible to government authorities pursuant to those laws.

Customers are responsible for ensuring that their use of internationally hosted models complies with their internal data governance requirements and applicable law. Concentrate provides configurable routing controls that allow Customers to restrict use of specific models or prevent processing of regulated or sensitive data in certain jurisdictions.

Concentrate recommends, but does not require, that Customers redact or avoid submitting personal data or sensitive information when enabling models hosted in higher-risk jurisdictions.

By enabling such models, Customer acknowledges and accepts the associated jurisdictional processing implications.

5. License to Use the Services

5.1 Grant of License

Subject to Customer's continuous compliance with this Agreement, Concentrate grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for Customer's internal business purposes and solely in the manner expressly permitted by Concentrate as set forth in this Agreement and the Order Form.

5.2 Scope of Use

The license is limited to:

• (a) sending inference requests through the Concentrate AI Platform;
• (b) receiving Outputs;
• (c) configuring allowed routing, logging, and orchestration features; and
• (d) integrating the Services into Customer's internal workflows.

All rights not expressly granted to Customer are reserved exclusively by Concentrate.

5.3 Restrictions on Use

Customer shall not, and shall not permit any third party to conduct any of the following:

• Reverse Engineering & Extraction: Attempt to reverse engineer, decompile, disassemble, derive source code or underlying algorithms, reconstruct system architecture, or extract any aspect of the Services, routing intelligence, or proprietary platform logic.
• Model or Provider Probing: Conduct or attempt to conduct model extraction, membership inference, data reconstruction, or adversarial probing to determine or replicate the behavior, training data, or structure of any Model Provider accessed through the Services.
• Benchmarking & Performance Disclosure: Publish, disclose, or use for competitive purposes any benchmark results, latency tests, performance analyses, uptime comparisons, or evaluations derived from the Services.
• Building Competitive Services: Use the Services to develop, train, validate, test, or improve any product, dataset, platform, or model intended to compete, directly or indirectly, with Concentrate's routing, logging, orchestration, or inference infrastructure.
• Unauthorized Integrations or Resale: Resell, sublicense, distribute, repackage, white-label, or provide the Services on a service-bureau basis without Concentrate's express prior written consent.
• Circumvention of Controls: Bypass, disable, modify, or interfere with any usage limits, authentication mechanisms, security controls, token billing logic, breakage logic, or platform restrictions.
• Misuse of Documentation or SDKs: Use Concentrate's documentation, SDKs, or APIs to produce derivative works or competitive tools, or to copy the structure, sequence, or organization of the Services.
• Unauthorized Data Use: Use the Services to create datasets, training corpuses, or evaluation sets for machine learning or LLM development unless explicitly permitted in writing.
• High-Risk or Prohibited Uses: Use the Services in violation of the Acceptable Use Policy provided on Concentrate's website located at https://concentrate.ai/legal/acceptable-use-policy (the "Acceptable Use Policy") or in connection with unlawful, harmful, or safety-critical applications without explicit approval.
• IP Rights: Use the Services in a manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property rights of any person or entity.
• Violation of Law: Use the Services in a manner that violates any applicable laws or regulations.

5.4 Ownership

Concentrate retains all right, title, and interest in and to:

• (a) the Services;
• (b) all software, models, systems, routing intelligence, logs, configurations, and infrastructure;
• (c) documentation, SDKs, UIs, APIs, and tools;
• (d) all improvements, derivatives, modifications, and enhancements;
• (e) all intellectual property therein.

Notwithstanding the foregoing, with respect to Third-Party Products, the applicable third-party owns all right, title, and interest, including all intellectual property rights, in and to the Third-Party Products.

5.4.1 Outputs

As between Concentrate and Customer, Customer owns all right, title, and interest in and to Outputs generated in response to Customer Data, to the extent permitted by applicable Model Provider and Third-Party Product terms (including any restrictions on use, attribution, retention, redistribution, or downstream exploitation). Concentrate does not grant Customer any rights in or to any Model Provider models, weights, training data, or underlying systems.

5.5 Feedback

If Customer or its Authorized Users provide any feedback to Concentrate by any means, suggesting or recommending ideas, suggestions, or enhancements to the Concentrate AI Platform, including without limitation, new features or functionality, or any other comments, questions or suggestions ("Feedback"), Concentrate shall own all such Feedback and is free to use such Feedback in its sole discretion. Feedback is not considered Customer Data. Customer hereby assigns to Concentrate all right, title and interest in, and to the Feedback and Concentrate is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose, although Concentrate is not required to use any Feedback.

6. Customer Obligations; Customer Data

6.1 Customer Obligations

Customer, as applicable: (a) shall make any of its Authorized Users aware of the obligations of this Agreement and cause them to comply with it; (b) is responsible for the acts and omissions of its Authorized Users and all directors, officers, agents and employees; (c) shall be liable for uses and misuses of the Services, including without limitation any violations of Section 5 above; and (d) is liable for obtaining any and all necessary consents and authorizations, including in connection with Customer Data. Customer acknowledges that Concentrate does not monitor, review, or control the Customer Data submitted to the Services and assumes no liability for such Customer Data. Customer represents and warrants that the Customer Data does not infringe, misappropriate, or violate any intellectual property, privacy, publicity, or other rights of any third party. Customer further represents and warrants that it has all necessary rights, licenses, and consents to provide such Customer Data.

6.2 Customer Data

Customer is solely responsible for: (i) the accuracy, quality, integrity, legality and correctness of the Customer Data; and (ii) the selection, creation, and update, of the Customer Data provided to Concentrate or submitted to the Services. Customer grants Concentrate a limited, non-exclusive, revocable license to use the Customer Data for the limited purpose of providing the Services.

6.3 Multimodal Services

Concentrate may provide access to multimodal AI systems capable of processing text, image, audio, or other content formats. Customer is responsible for ensuring that all submitted content is lawfully obtained and that it has all necessary rights, permissions, and authorizations to process such content through the platform.

Customer represents and warrants that it will not submit content that infringes intellectual property rights, violates privacy rights, or breaches applicable law.

6.4 Copyright Complaints

Concentrate respects the intellectual property rights of others and expects Customers and Authorized Users to do the same. If you believe that material submitted to the Services by a Customer or Authorized User infringes your copyright, you may send a written notice of claimed infringement to Concentrate in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512.

A compliant notice must include sufficient information for Concentrate to identify the copyrighted work claimed to have been infringed and to locate the specific material at issue within the Services, along with the complainant's contact information, a statement of good faith belief that the use is not authorized, a statement made under penalty of perjury that the notice is accurate and that the complainant is authorized to act on behalf of the copyright owner, and a physical or electronic signature of the complaining party.

Upon receipt of a compliant notice, Concentrate may remove or disable access to the material identified in the notice and may notify the Customer associated with the material. Where applicable, the Customer may submit a counter-notification in accordance with 17 U.S.C. § 512(g). Concentrate may, in appropriate circumstances, suspend or terminate accounts of repeat infringers.

Notwithstanding anything to the contrary, Concentrate may decline to act on notices that are incomplete, not credible, or do not provide sufficient information to locate the material at issue.

Notices of claimed infringement should be sent to: [email protected].

7. Term and Termination

7.1 Term

The initial term of this Agreement begins upon the earlier to occur of (i) Customer's use of the Services and (ii) the execution of the applicable Order Form (the "Effective Date") and, unless terminated earlier pursuant to this Agreement's express provisions, shall continue in full force and effect for the period set forth in the applicable Order Form (the "Term"). If the Order Form does not specify a Term, the Term shall be one (1) year from the Effective Date. This Agreement, unless otherwise stated in the applicable Order Form, will then automatically renew for consecutive one (1) year terms, unless either Party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current Term.

7.2 Termination

Concentrate may terminate this Agreement, effective upon written notice to Customer, if Customer: (a) fails to pay any amount due hereunder, and such failure continues for more than thirty (30) days after notice thereof, or (b) breaches any of its obligations under Section 5 and Section 6 above.

Either Party may terminate this Agreement, effective on written notice to the other Party, if the other Party materially breaches this Agreement, and such breach (1) is incapable of cure; or (2) if capable of cure, remains uncured thirty (30) days after the non-breaching Party provides the breaching Party with written notice of such breach.

Customer may terminate this Agreement, in its sole discretion, with thirty (30) days written notice.

Upon termination, Customer will cease all use of the Services and destroy any cached or derived materials.

8. Data Processing

Customer retains ownership of Customer Data. Concentrate processes Customer Data solely to provide the Services as further described in the DPA and Privacy Policy. Customer is responsible for configuring the Services consistent with its privacy obligations.

9. Third-Party Model Providers

Customer acknowledges that inference responses are executed by independent Model Providers. Concentrate is not liable for Model Provider downtime, failures, errors, outages, reliability deviations, or privacy/security practices. Customer acknowledges and agrees that any Third-Party Products, including those provided by Model Providers, may be subject to their own terms of service and the applicable flow through provisions for such Third-Party Products. Concentrate is not liable for any Third-Party Products. If Customer does not agree to abide by the applicable terms for any such Third-Party Products, then Customer should not install or use such Third-Party Products. Customer acknowledges that Concentrate may substitute, prioritize, or rebalance model endpoints for performance, reliability, or compliance purposes, subject to any routing controls configured by Customer.

10. Service Levels

Concentrate uses commercially reasonable efforts to maintain platform availability but does not guarantee uptime or performance. Service credits may be issued at Concentrate's discretion and do not constitute a warranty.

11. Fees & Breakage

11.1 Fees

Customer shall pay Concentrate the applicable usage fees, as set forth in the applicable Order Form or otherwise ("Subscription Fees"). Unless otherwise stated in the Order Form, Subscription Fees shall be calculated based on tokenized usage or other agreed metrics. Concentrate may adjust rates upon reasonable prior notice to Customer. Payments are due within thirty (30) days of invoice. Concentrate may make available access to inference endpoints and bill Customers according to posted usage rates or as otherwise set forth in an Order Form, and retains discretion over routing and prioritization.

11.2 Breakage

All Billable Requests shall be included in the Subscription Fees. Breakage and Non-Billable Requests are non-billable and will not be included in the Subscription Fees. The breakage framework (i.e. distinguishing between Billable Requests and Breakage and Non-Billable Requests) is a billing courtesy and does not create performance guarantees or obligations.

11.3 Taxes

Customer is responsible for all applicable sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by Customer hereunder, other than any taxes imposed on Concentrate's income. All Subscription Fees and other amounts payable by Customer under this Agreement are exclusive of taxes and similar assessments.

12. Security

12.1 Security

Concentrate will implement and maintain commercially reasonable administrative, technical, and organizational security measures designed to protect Customer Data. Except as expressly stated in this Agreement, Concentrate does not make additional warranties regarding security controls, monitoring, or threat detection.

12.2 Security and Compliance

Customer agrees to implement security measures for its own applications interfacing with the API.

Following confirmation of a Security Incident affecting Customer Data within Concentrate's control, Concentrate will notify affected Customers without undue delay and consistent with applicable law.

13. Acceptable Use

Customer may not use the Services unlawfully or harmfully, including generating unlawful content, violating privacy laws, distributing malware, attempting re-identification, or bypassing safeguards. See the Acceptable Use Policy at https://concentrate.ai/legal/acceptable-use-policy for full details and restrictions. The onus is on Customer to be aware of rules and restrictions and to comply.

14. Confidentiality

From time to time during the Term, either Party may disclose or make available to the other Party information about its business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as "confidential" (collectively, "Confidential Information"). Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving Party at the time of disclosure; (c) rightfully obtained by the receiving Party on a non-confidential basis from a third party; or (d) independently developed by the receiving Party. The receiving Party shall not disclose the disclosing Party's Confidential Information to any person or entity, except to the receiving Party's employees who have a need to know the Confidential Information for the receiving Party to exercise its rights or perform its obligations hereunder. Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required (i) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shall first have given written notice to the other Party and made a reasonable effort to obtain a protective order; or (ii) to establish a Party's rights under this Agreement including to make required court filings. On the expiration or termination of the Agreement, the receiving Party shall promptly return to the disclosing Party all copies, whether in written, electronic, or other form or media, of the disclosing Party's Confidential Information, or destroy all such copies and certify in writing (email being sufficient) to the disclosing Party that such Confidential Information has been destroyed. Each Party's obligations of non-disclosure with regard to Confidential Information are effective as of the Effective Date and will expire five years from the date first disclosed to the receiving Party, or for the duration of this Agreement, whichever is longer; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law.

15. Warranty Disclaimer

Except for the express warranties expressly set forth in Section 12, the Services are provided 'AS IS' and 'AS AVAILABLE'. CONCENTRATE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CONCENTRATE MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.

16. Limitation of Liability

IN NO EVENT WILL CONCENTRATE OR CUSTOMER BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER CONCENTRATE OR CUSTOMER (AS APPLICABLE) WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.

IN NO EVENT WILL CONCENTRATE OR CUSTOMER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO CONCENTRATE UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

17. Infringement Remedy; Indemnification

17.1 Infringement Remedy

If Concentrate reasonably believes that the Services infringe or misappropriate a third party's intellectual property rights, Concentrate may, at its sole discretion, (a) modify the Services to make them non-infringing, (b) replace the affected component with a functionally equivalent alternative, or (c) obtain the right for Customer to continue using the affected component. If none of the foregoing options is commercially reasonable, either Party may terminate the affected portion of the Services upon written notice, and Concentrate will refund any prepaid, unused fees attributable to the terminated portion.

This Section 17.1 does not apply to claims arising from (i) Customer Data, (ii) Third-Party Products or Model Providers, (iii) Customer's combination of the Services with items not provided by Concentrate, (iv) modifications not made by Concentrate, or (v) use of the Services in violation of this Agreement.

17.2 Customer Indemnification

Customer will defend, indemnify, and hold harmless Concentrate and its Affiliates, and each of their respective officers, directors, employees, and agents, from and against any and all third-party claims, demands, suits, actions, proceedings, damages, losses, liabilities, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) Customer Data, including any allegation that Customer Data infringes, misappropriates, or violates any intellectual property, privacy, publicity, or other rights; (b) Customer's use of Outputs or reliance on Outputs; (c) Customer's use of the Services in violation of this Agreement, the Acceptable Use Policy, or applicable law; or (d) any Authorized User's access to or use of the Services.

17.3 Concentrate Indemnification

Concentrate will defend, indemnify, and hold harmless Customer from and against any third-party claim alleging that the unmodified Services, when used as authorized under this Agreement, infringe a third party's U.S. patent, U.S. copyright, or U.S. trademark, and will pay damages finally awarded by a court of competent jurisdiction or agreed in a settlement approved in writing by Concentrate. This Section 17.3 does not apply to claims arising from (i) Customer Data, (ii) Third-Party Products or Model Providers, (iii) Customer's combination of the Services with items not provided by Concentrate, (iv) modifications not made by Concentrate, or (v) use of the Services in violation of this Agreement.

17.4 Indemnification Procedure

The Party seeking indemnification will provide the indemnifying Party with prompt written notice of any claim for which it seeks indemnification, provided that failure to provide prompt notice will not relieve the indemnifying Party of its obligations except to the extent it is materially prejudiced by such failure. The indemnified Party will reasonably cooperate with the indemnifying Party at the indemnifying Party's expense. The indemnifying Party will have sole control of the defense and settlement of the claim, except that it may not settle any claim in a manner that admits fault on behalf of, or imposes non-monetary obligations on, the indemnified Party without the indemnified Party's prior written consent, which will not be unreasonably withheld, conditioned, or delayed.

17.5 Sole Remedy

This Section 17 states the Parties' exclusive remedy and liability with respect to any third-party claim alleging that the Services infringe, misappropriate, or otherwise violate intellectual property rights.

18. Amendments and Modifications

18.1 Notice of Material Changes

Concentrate may update this Agreement from time to time. Changes that materially alter the rights or obligations under this Agreement will become effective upon prior notice to Customer through reasonable means, which may include dashboard notifications, email, or posting the updated Agreement. Customer's continued use of the Services after the effective date of any update constitutes acceptance of the revised Agreement.

18.2 Non-Material Changes

Updates that are editorial, administrative, clarifying, or that improve protections or reflect evolving legal frameworks may be made and will become effective upon posting.

18.3 No Restriction on Operational Improvements

Updates to Concentrate's technical or organizational measures—including improvements implemented as part of ongoing SOC 2 audits with Sensiba—do not constitute modifications requiring notice.

18.4 Customer Objection

If Customer reasonably objects to a material modification, the Parties will discuss such modification in good faith. If no solution is reached, Customer may elect to terminate the affected Services as its exclusive remedy. No refunds are provided in the case of such termination.

19. Usage Data; Telemetry; Derivative Insights

19.1 Ownership of Usage Data

Concentrate retains all right, title, and interest in and to any and all "Usage Data," which means and includes without limitation:

• (a) metadata relating to Customer's access to the Services;
• (b) request statistics, token counts, routing decisions, latency metrics, API call patterns, model selection information, and error rates;
• (c) system logs, performance logs, audit trails, and operational telemetry;
• (d) billing metrics, reliability analytics, and breakage statistics; and
• (e) any other data generated, collected, or derived by Concentrate in connection with the operation, support, optimization, or improvement of the Services.

Usage Data shall not include Customer Data.

19.2 Derived Data and Analytics

Concentrate may freely create, use, reproduce, modify, distribute, analyze, combine, commercialize, or otherwise exploit "Derived Data," which means any aggregated, anonymized, de-identified, statistical, or analytical data derived from Usage Data or Customer's use of the Services, provided such Derived Data does not identify Customer or any individual.

19.3 No Customer Rights in Platform Telemetry

Customer acknowledges that Usage Data and Derived Data:

• (a) are not Customer Data;
• (b) do not belong to Customer;
• (c) are proprietary to Concentrate; and
• (d) may be used to operate, secure, improve, and develop the Services, including for reliability modeling, anomaly detection, system tuning, optimization of breakage logic, and performance analyses, or any other purposes as determined by Concentrate.

19.4 Privacy Restrictions Apply to Personal Data Only

Nothing in this clause authorizes Concentrate to use Customer Data for model training or unrelated purposes. All privacy limitations apply exclusively to Personal Data. Usage Data and Derived Data remain fully owned and controlled by Concentrate.

19.5 No Opt-Out From Essential Telemetry

Customer may not disable, interfere with, or block generation of Usage Data essential to security, billing accuracy, system integrity, breakage detection, or core routing functionality.

20. Governing Law; Venue; Interpretation

20.1 Choice of Law

This Agreement and any disputes arising from it are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflicts-of-law principles.

20.2 Venue

The Parties irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware for the resolution of any action or proceeding arising out of or relating to this Agreement, subject always to the dispute resolution provisions in the Order Form (if any).

20.3 Interpretation

Headings are for convenience only and shall not affect interpretation. In the event of any inconsistency between this Agreement and the Order Form, the Order Form shall control.

21. Alerts

21.1 Account and Service Messages

By creating an account or using the Services, you consent to receive account-related and service communications from Concentrate AI, Inc. ("Concentrate"), including administrative messages, service notifications, security alerts, authentication messages, and other transactional or operational communications. These messages may be delivered via email, SMS, or other messaging technologies, including through third-party service providers such as Twilio.

21.2 No Marketing Messages Without Consent

Concentrate does not send promotional or marketing SMS messages unless you have separately and expressly consented to receive such messages.

21.3 Alerting Opt-Out

You may opt out of receiving non-essential account messages delivered via SMS at any time by emailing [email protected] with your request. Opting out of certain messages may limit our ability to provide timely notices regarding account activity, security events, or service updates. Even if you opt out, we may continue to send communications that are necessary to provide the Services, protect the security or integrity of your account, or comply with applicable law.

21.4 Message Frequency and Charges

Message frequency varies based on account activity and service usage. Standard message and data rates may apply, as determined by your mobile carrier.

22. Miscellaneous

22.1 Reservation of Rights

Concentrate reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party any intellectual property rights or other right, title, or interest in or to the Services.

22.2 Relationship of the Parties

This Agreement and the use of the Services, does not, and shall not be construed as creating any relationship, joint venture, partnership, employment, or agency relationship in any way and of any kind between the Parties hereto.

23. Contact