Terms of Service

Please read these Terms of Service carefully before accessing or using the Airbank platform. By creating an account, accessing, or using any part of our Service, you agree to be bound by these Terms. If you do not agree to all of these Terms, you may not use the Service.

Index

• 1. Acceptance of Terms
• 2. Description of Service
• 3. Account Registration
• 4. Acceptable Use
• 5. Intellectual Property
• 6. Confidentiality
• 7. Payment and Billing
• 8. Disclaimers
• 9. Limitation of Liability
• 10. Indemnification
• 11. Dispute Resolution and Arbitration
• 12. Modifications to Terms
• 13. Termination
• 14. General Provisions

1. Acceptance of Terms

These Terms of Service (the "Terms") constitute a legally binding agreement between you ("User", "you", "your") and Airbank, Inc. ("Airbank", "we", "us", "our"). These Terms govern your access to and use of the Airbank platform, including our website, AI-powered Quality of Earnings tools, APIs, and all associated services (collectively, the "Service").

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" include both you individually and the organization.

2. Description of Service

Airbank provides an AI-powered platform designed to assist finance professionals in generating Quality of Earnings (QoE) workbooks for mergers and acquisitions due diligence. The Service enables users to ingest financial data from various sources, apply AI-driven analysis, and produce structured workbook outputs including adjusted EBITDA bridges, working capital analyses, and related financial schedules.

Important: The outputs generated by the Service are intended to serve as a first-draft analytical aid and are not a substitute for professional accounting, legal, or financial advisory services. Airbank outputs should be reviewed and validated by qualified professionals before being used to make investment or business decisions.

3. Account Registration

To access the Service, you must create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You agree to notify us immediately at support@airbank.io if you suspect any unauthorized use of your account. Airbank is not liable for any loss or damage arising from your failure to protect your account credentials.

You must be at least 18 years of age to use the Service. By creating an account, you represent that you meet this requirement.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Upload data that you do not have the right or authorization to use
• Attempt to gain unauthorized access to any part of the Service or its related systems
• Use the Service to engage in fraud, misrepresentation, or any illegal activity
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell or sublicense access to the Service without our prior written consent
• Use automated tools to scrape or extract data from the Service beyond what is permitted by our API terms
• Interfere with or disrupt the integrity or performance of the Service

5. Intellectual Property

Our property: The Service, including all software, algorithms, user interfaces, documentation, and content created by Airbank, is and remains the exclusive property of Airbank and its licensors. These Terms do not grant you any right, title, or interest in the Service beyond the limited license to use it as described herein.

Your data: You retain full ownership of all data, documents, and financial information you upload to the Service ("User Data"). By uploading User Data, you grant Airbank a limited, non-exclusive license to process and analyze that data solely for the purpose of providing the Service to you.

Output: Subject to your compliance with these Terms, you own the workbook outputs generated by the Service from your User Data. Airbank does not claim ownership of your outputs.

6. Confidentiality

Both parties acknowledge that they may receive confidential information in connection with the Service. Each party agrees to: (i) hold the other party's confidential information in strict confidence; (ii) not disclose it to third parties without prior written consent; and (iii) use it only as necessary to exercise rights or fulfill obligations under these Terms.

We treat all financial data you upload as confidential. We will not use your financial data to train third-party AI models or share it with competitors. See our Privacy Policy for details on how we handle your data.

7. Payment and Billing

Certain features of the Service require payment of fees. All fees are stated in U.S. dollars unless otherwise specified. By subscribing to a paid plan, you authorize Airbank to charge your designated payment method on a recurring basis at the interval selected (monthly or annually).

Fees are non-refundable except as expressly stated in our refund policy or as required by applicable law. We reserve the right to change our pricing with at least 30 days' notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

If your payment fails, we may suspend your access to the Service until payment is resolved. Accounts with past-due balances of more than 30 days may be terminated.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIRBANK EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

AIRBANK DOES NOT WARRANT THAT: (I) THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (II) ANY DEFECTS WILL BE CORRECTED; (III) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

AI-generated outputs are probabilistic in nature and may contain errors. All outputs should be independently reviewed by qualified professionals.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AIRBANK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AIRBANK'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL FEES PAID BY YOU TO AIRBANK IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (II) ONE HUNDRED DOLLARS ($100).

10. Indemnification

You agree to indemnify, defend, and hold harmless Airbank and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (i) your use of the Service; (ii) your User Data; (iii) your violation of these Terms; or (iv) your violation of any rights of a third party.

11. Dispute Resolution and Arbitration

Informal resolution: Before initiating any formal dispute, you agree to contact us at legal@airbank.io and attempt to resolve the matter informally. We will make reasonable efforts to resolve the dispute within 30 days.

Binding arbitration: If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except as otherwise provided herein. The arbitration shall be conducted in English.

Class action waiver: YOU AND AIRBANK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Opt-out: You may opt out of the arbitration agreement by sending written notice to legal@airbank.io within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out.

Governing law: These Terms and any disputes shall be governed by the laws of the State of Delaware, without regard to conflict of law principles.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you via email or through a prominent notice within the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance.

13. Termination

Either party may terminate these Terms at any time. You may terminate by discontinuing use of the Service and closing your account. We may terminate or suspend your access immediately, without prior notice, for conduct that we believe: (i) violates these Terms; (ii) is harmful to other users, third parties, or the Service; or (iii) creates legal liability for us.

Upon termination, all licenses granted to you under these Terms immediately terminate. Sections 5 (Intellectual Property), 6 (Confidentiality), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 11 (Dispute Resolution), and 14 (General Provisions) shall survive termination.

14. General Provisions

Entire agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Airbank regarding the Service and supersede all prior agreements.

Severability: If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

Waiver: Failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce it in the future.

Assignment: You may not assign or transfer any rights or obligations under these Terms without our prior written consent. Airbank may assign these Terms in connection with a merger, acquisition, or sale of assets.

Contact: For any questions about these Terms, please contact us at:

Airbank, Inc.
Email: legal@airbank.io