End User License Agreement (EULA)

This End User License Agreement ("EULA") is entered into between Aptabit ("Licensor") and the legal entity that installs or uses the Aptabit Platform ("Customer"). It governs use of the software, including the CLI, container images, web interface, API, documentation, and updates ("Software"). By installing, activating, or using the Software, the Customer accepts this EULA. Specific commercial terms (price, limits, term, support) are set out in the agreement or proposal signed with the Customer ("Agreement"), which prevails in case of conflict.

Licensor grants the Customer a non-exclusive, non-transferable, non-sublicensable license to install and use the Software on its own infrastructure (on-premises or private cloud), for the term and within the limits defined in the activated license (users, tenants, workspaces, agents, flows, integrations, models, storage, tokens, and schedules). The license is per installation and is issued and digitally signed by Aptabit.

• Do not copy, distribute, sublicense, rent, assign, or make the Software available to third parties, except to the Customer's authorized users and to service providers operating it on the Customer's behalf under confidentiality.
• Do not reverse engineer, decompile, or attempt to obtain the source code, except to the extent expressly permitted by law.
• Do not remove proprietary notices, circumvent licensing, activation, or limit mechanisms, or use third-party keys or installation tokens.
• Do not use the Software to develop a competing product or in violation of applicable law, including data protection and export laws.

Activation requires a license signed by Aptabit, validated online with an installation key or, where there is no access to Aptabit, through a license file, in both cases with a grace period.

With online validation, the Software periodically sends Aptabit technical licensing information (installation identifier, version, health state, and technical identifiers of the machine and the Software) for validation, updates, and support. This information does not include documents, conversations, prompts, customer data, or content processed by the Customer.

Aptabit sets the telemetry level for each license. Installations with an offline license never connect to Aptabit: the license is issued from a request file that the Customer sends to Aptabit and that contains only the identification of the installation and of the environment in which it runs.

Data processed by the Software (documents, data contexts, conversations, models, settings, and logs) is stored on the Customer's infrastructure and is the Customer's exclusive property and responsibility. Only the technical information described in Section 4 and the data the Customer decides to send to external services, such as those in Section 6, leave that infrastructure.

Aptabit does not access that data except with the Customer's express authorization for support purposes. The Customer is the controller of personal data processed in the Software and is responsible for the legal basis, governance settings, and the use of any third-party models it chooses to connect.

The Software can run models locally or connect external providers (for example OpenAI, Azure OpenAI, Anthropic), web search services, and API integrations with external systems (for example WhatsApp and Telegram). Use of those services is subject to the respective providers' terms and charges, and the Customer is responsible for the credentials and the data it decides to send to them. Open-source models run locally are subject to their own licenses.

The Software is licensed, not sold. Aptabit and its licensors retain all rights in the Software, its documentation, and associated trademarks. Outputs generated by the Customer with the Software (answers, flows, agents, reports) belong to the Customer. Suggestions and feedback provided to Aptabit may be freely used by Aptabit to improve the product.

Aptabit provides updates, and the Customer can follow the latest stable release or keep the installation pinned to a specific version, as set out in the Agreement. The Customer decides when to apply them through the CLI, which creates a prior backup and allows rollback. Technical support, service levels, and support channels are those defined in the Agreement.

Aptabit warrants that the Software will perform substantially in accordance with the documentation for the period set out in the Agreement. Otherwise, to the maximum extent permitted by law, the Software is provided "as is", without implied warranties of merchantability or fitness for a particular purpose. AI systems may produce inaccurate results; the Customer must validate outputs before relying on them for relevant decisions and maintain appropriate human oversight.

To the maximum extent permitted by law, Aptabit's total liability arising from this EULA is limited to the amount paid by the Customer in the 12 months preceding the event, and Aptabit is not liable for lost profits, data loss caused by the Customer's operation, or indirect damages. Nothing in this EULA excludes liability that cannot be limited by law.

This EULA remains in force while the license is active. Aptabit may terminate it for a material breach not cured within 30 days of notice. Upon termination, the Customer must cease use of the Software and may keep and export its own data, which remains on its infrastructure. Intellectual property, confidentiality, and limitation of liability clauses survive termination.

The parties will treat non-public information exchanged in the relationship as confidential, in accordance with the Confidentiality Policy and the Agreement. The Customer represents that it will use the Software in compliance with the LGPD, the GDPR, and other rules applicable to its sector, including CMN/BCB Joint Resolution No. 18/2025 where applicable.

This EULA is governed by Brazilian law, with jurisdiction in the courts of São José dos Campos - SP. If any clause is held invalid, the others remain in force. Aptabit may update this EULA for new versions of the Software; the version applicable to each installation is the one in force on the date of license activation or renewal.