Terms of Service

These Terms of Service (the "Terms") are a binding agreement between Cheetah Technologies LLC, a limited liability company organized under the laws of the State of Arizona ("Cheetah Technologies", "we", "us" or "our"), and the business that registers for, subscribes to, or uses Cheetah OS (the "Customer" or "you"). Cheetah OS, the websites at cheetahos.app and app.cheetahos.app, and all related software, features, integrations and support are the "Service".

Please read Section 28 carefully. It requires most disputes to be resolved by binding individual arbitration, waives class actions and jury trials, and explains how to opt out of arbitration within 30 days.

1. Acceptance and Authority

1.1 How you accept

You accept these Terms by checking the box and clicking the button presented with them when you create an account, start a demo, start a subscription, or confirm an Order. That click is your electronic signature. You also accept these Terms by paying for or using the Service after they have been presented to you.

1.2 Authority to bind your business

The individual who accepts these Terms represents and warrants that they are at least 18 years old, that they are accepting on behalf of a business, and that they have the authority to bind that business to these Terms. If that person does not have that authority, they must not accept these Terms or use the Service, and they are personally responsible for any use made without authority.

1.3 Your Users

Each individual who uses the Service under your account (a "User") must accept these Terms when first signing in, but your business remains responsible for every User's acts and omissions, whether or not that User clicked through. Users include your employees, contractors, agents and anyone else you give access to, but do not include merchants or investors who access a portal you invite them to, who are "End Users" under Section 15.

1.4 Documents that form the agreement

The following are part of your agreement with us:

1. any Order (an online checkout, order form, or plan selection you confirm);
2. the Data Processing Addendum (the "DPA");
3. these Terms;
4. the Acceptable Use Policy and the Calling, Texting, Email and Recording Rules (together, the "Use Policies"); and
5. the Important Disclosures, AI Terms, Subprocessor List, Privacy Policy, Cookie Policy and Accessibility Statement, to the extent they describe your rights and our practices.

Section 34.4 explains which document controls if two of them conflict.

2. Eligibility and Business Use Only

2.1 Businesses only

The Service is offered only to businesses in the commercial finance industry and their staff, including brokers and independent sales organizations (ISOs), merchant cash advance providers and other business funders, underwriters, syndicators and investors, and service providers to them. The Service is not offered to consumers and may not be used for personal, family or household purposes.

2.2 Your confirmations

By accepting these Terms you confirm that:

1. you are acquiring the Service solely for the purposes of your trade, business or profession;
2. every User is at least 18 years old and acts on behalf of your business;
3. the information you give us about your business (legal name, business type, address, tax identification number, website and intended use) is accurate and will be kept current;
4. neither you nor any User is a person with whom we are prohibited from dealing under Section 32; and
5. you are not using the Service to build a competing product.

A sole proprietor may use the Service only in the course of its business. We may ask for evidence of business status at any time and may decline or close any account that does not meet this Section.

2.3 Markets

The Service is currently offered to customers in the United States. We intend to offer the Service in the United Kingdom, and Section 30 contains additional terms for UK customers. We do not currently offer the Service to customers in the European Union or elsewhere, and we do not target those markets.

3. The Service

3.1 What Cheetah OS does

Cheetah OS is multi-tenant business software. Depending on your plan and add-ons, it may include:

• CRM, lead management and lead imports;
• a power dialer, SMS messaging and call recording, with telephony provided through our carrier partner Telnyx;
• email outreach through mailboxes you connect (Gmail, Microsoft or IMAP), and transactional email sent by us through our email provider;
• an underwriting workspace;
• a lender and funder portal and multi-funder submission packages;
• electronic signature of agreements;
• a merchant client portal where your merchants can upload applications and documents such as bank statements, identification and tax forms;
• a broker and ISO workspace and commission tracking;
• an investor and syndication module that records participations and distributions;
• collections and renewals tracking;
• an in-app AI assistant;
• staff onboarding tools, including collection of W-9 and W-4 forms and identification uploads; and
• reporting and administrative controls.

3.2 Instant demo accounts

We may offer instant demo accounts that are pre-loaded with synthetic (fictional) data. Demo accounts are subject to these Terms. You must not upload real personal information, real merchant records, or real financial documents into a demo account. Demo accounts cannot place real calls or send real texts, and you must not use a demo account to send email to real recipients. We may reset, limit or delete a demo account and its contents at any time. A demo account does not require a payment method and never converts to a paid subscription automatically. To become a paying customer you must choose a plan and give the separate consent described in Section 6.

3.3 Changes to the Service

We may add, change or remove features. We will not materially reduce the core functionality of the plan you have paid for during a paid term. If we do, you may cancel the affected subscription and receive a pro-rata refund of prepaid fees for the unused part of the term.

3.4 Planned features

We are developing features that are not yet available, including document integrity and fraud signals, AI voice agents, verified bank data connections, point-of-sale (POS) connectors, a public API and webhooks, and an embeddable partner widget. Nothing on our website, in a demo, or in these Terms is a promise that any planned feature will be released, or released on any timetable. If and when we make one of these features available, the provisions of these Terms that name it will apply to it, together with any feature-specific terms we present when you enable it.

3.5 Support

We provide support by email at info@cheetahos.app [[FILL: support hours and any response targets]]. Unless an Order states otherwise, we do not commit to any specific uptime or response time, and no service level credits apply.

3.6 Pre-launch status

Cheetah OS is in a pre-launch stage. Features, plan contents and prices shown on our website are launch targets that may change before general availability. Any change to a subscription you have already purchased is governed by Sections 3.3 and 6.

4. What We Are and What We Are Not

4.1 We provide software

Cheetah Technologies provides software and related services. You decide what to do with it. We do not make, and the Service does not make, any credit, funding, underwriting, pricing, investment, collection, hiring or compliance decision for you.

4.2 We are not a party to your financing

Cheetah Technologies does not:

• lend money, extend credit, or purchase receivables;
• broker, arrange, solicit, negotiate, introduce, refer or place any financing, investment or transaction;
• fund any deal or guarantee that any deal will fund;
• receive, hold, transmit, disburse, escrow, pool or control any money belonging to you, your merchants, your investors or anyone else;
• act as a consumer reporting agency or furnish consumer reports;
• act as a broker-dealer, funding portal, investment adviser, placement agent, escrow agent or transfer agent;
• act as a bank, money transmitter or payment processor;
• act as a debt collector, payroll provider, professional employer organization or tax return preparer; or
• give legal, tax, accounting, credit, investment or compliance advice.

4.3 How we are paid

We charge flat subscription fees and usage-based fees (for example seats, minutes, messages or AI usage) only. We never charge a fee that depends on whether a deal is approved or funded, on the amount funded, on capital raised, on distributions paid, or on any other transaction outcome.

4.4 Records, not transactions

Where the Service calculates or displays amounts (for example factor rates, estimated APRs, commissions, participations, distributions, remittances or payoff figures), it records and displays information you configure and enter. Any payment is made by you, your bank or your own payment provider, not by us.

The Important Disclosures page explains these points in more detail and forms part of these Terms.

5. Accounts and Security Responsibilities

5.1 Account information

You must provide accurate registration, business and billing information and keep it current.

5.2 Credentials and multi-factor authentication

You are responsible for all activity under your account and for keeping credentials confidential. The Service supports passkeys and time-based one-time password (TOTP) multi-factor authentication. Multi-factor authentication is mandatory for our internal staff roles. We strongly recommend that you require it for every User, and we may require it for any User or role at any time [[FILL: decision whether MFA will be mandatory for all Customer Users at launch]]. You must not share credentials or bypass authentication controls.

5.3 Administrators and access

Your administrators control Users, roles and permissions within your tenant, including adding and removing Users and resetting a User's multi-factor authentication. We act on your administrators' instructions and are not responsible for how you assign access internally. You must promptly remove access for anyone who leaves your business or no longer needs it.

5.4 Seats

Seats are for named individuals. A seat may be reassigned when a User leaves, but one seat may not be used by more than one person.

Each plan includes a fixed number of seats. Solo Broker and Broker Pro each include one seat for one broker, and additional seats cannot be added to either plan. Lender/Funder includes four seats: one administrator seat and three seats that your administrator may assign to any mix of available roles. Only Lender/Funder subscriptions may add seats.

On Lender/Funder, your administrator may add or remove additional seats in the billing settings of your account, up to a total of 10 seats. More than 10 seats requires a separate written Order; contact us at info@cheetahos.app. Each additional seat is billed monthly at the price shown on our pricing page and at the time you add it, and is never billed annually. Before a seat is added, the billing settings will show the price, the amount charged today and the date of the next charge, and your administrator must confirm the addition.

• Adding a seat mid-period: when you add a seat part way through a monthly billing period, we charge the payment method on file at once for the remaining portion of that period, calculated in proportion to the days left, and then charge the full monthly seat price at the start of each following period until the seat is removed.
• Removing a seat: a removed additional seat stays active until the end of the monthly billing period in which you remove it. We do not refund any part of that period, and we do not charge for the seat after it ends.
• Included seats: the seats included in your plan cannot be removed. If you remove seats while more Users are active than the seats that will remain, your administrator must choose which Users lose access when the period ends.

If your plan is billed annually, additional seats and add-ons are billed on a separate subscription that renews monthly, alongside your annual plan. Cancelling that monthly subscription removes the additional seats and add-ons at the end of its current monthly period and does not affect your annual plan. [[FILL: counsel to confirm the proration method, the no-partial-refund rule for removed seats, and the two-subscription disclosure satisfy automatic renewal and consumer protection laws in every state we sell to]]

5.5 Tell us about problems

You must notify us promptly at info@cheetahos.app if you suspect unauthorized access to your account, a compromised credential, or any other security issue affecting the Service.

6. Subscriptions, Billing, Renewal and Cancellation

6.1 Plans

The Service is sold by subscription on a monthly or annual billing cycle. Add-ons and additional seats are billed monthly only (see Section 5.4). Our current plans are Solo Broker, Broker Pro and Lender/Funder, plus optional add-ons. The features, seat counts, usage allowances and price of each plan and add-on are shown on our pricing page and at checkout. Prices are in US dollars unless your Order states another currency.

6.2 What we show you before you pay

Before we collect your payment information, the checkout page will clearly show: the plan and add-ons you selected, the price, the billing frequency, the date and amount of the first charge, that the subscription renews automatically until you cancel, any minimum term, how usage-based fees are charged, and how to cancel.

6.3 Automatic renewal

Your subscription renews automatically at the end of each monthly or annual term for another term of the same length, and we will charge the payment method on file the then-current price for your plan and add-ons at the start of each renewal term, until you cancel. You authorize these recurring charges when you give the separate consent described in Section 6.4.

6.4 Separate consent to recurring charges

At checkout we will ask you to agree to the automatic renewal terms separately from your acceptance of these Terms, using a box that is not pre-checked or a clearly labeled button. We will not charge you for a subscription unless you give that consent. After checkout we will send an acknowledgment email that restates the automatic renewal terms, the price and billing frequency, and how to cancel, in a form you can keep.

6.5 Free trials and promotional periods

If we offer a free trial or a discounted promotional period that requires a payment method, the checkout page will show when the trial or promotion ends, the date of the first full-price charge and its amount, and how to cancel before that date. For any free trial longer than [[FILL: 7]] days, we will send a reminder at least [[FILL: 3]] days before the first charge [[FILL: confirm trial lengths and reminder timing]]. If you cancel before the trial ends, you will not be charged. Demo accounts are covered by Section 3.2, not this Section.

6.6 Renewal reminders

For annual subscriptions, we will email your billing contact a reminder no less than 30 days and no more than 60 days before the renewal date, stating the renewal date, the renewal price, and how to cancel. For all subscriptions, we will send at least one reminder each year that restates your subscription terms, the charges, and how to cancel.

6.7 Price changes

We may change our prices. A price change applies to your subscription only from the start of a renewal term, never in the middle of a term you have already paid for. We will email your billing contact at least 30 days before a price increase takes effect for your subscription, and within any additional notice window a law requires. The notice will state the new price, the date it takes effect, and how to cancel. If you do not want to pay the new price, cancel before the renewal date. If you are charged at a new price and you tell us within 14 days after that charge that you want to cancel, we will cancel your subscription and refund the charge in full, or at your choice refund the unused portion of the term.

6.8 How to cancel

You may cancel at any time, online, by using the Cancel subscription control in the billing settings of your account. Cancellation online will take no more steps than signing up did. You do not need to call, chat or speak with anyone. We may present one offer to stay, which you can decline in a single click. You may also cancel by emailing info@cheetahos.app from your account's administrator or billing email address. We will confirm every cancellation by email. Unless a refund applies under Section 6.12, cancellation takes effect at the end of your current paid term, you keep access until then, and you will not be charged again.

6.9 No early termination fees

We do not charge early termination or cancellation fees [[FILL: confirm no annual plan billed monthly with a commitment or termination fee; if one is ever offered, it must be disclosed at checkout under Section 6.2]].

6.10 Usage-based fees and pass-through charges

Some features carry usage-based fees, such as calling minutes, text messages, phone numbers, carrier registration and campaign fees (including 10DLC brand and campaign fees), and AI usage. Rates are shown on our pricing page or in the product before you incur them [[FILL: usage rate schedule and whether carrier pass-through fees are marked up]]. Usage fees are billed in arrears or drawn against prepaid credits, as stated at checkout. Carrier fines or non-compliance fees that a carrier assesses because of your traffic are your responsibility and may be passed through to you at cost.

6.11 Taxes

Fees do not include taxes. You are responsible for all sales, use, transaction privilege, value added, goods and services, telecommunications and similar taxes and regulatory fees associated with your purchase, except taxes on our net income. Where we are required to collect a tax, we will show it at checkout or on your invoice. If you claim an exemption, you must give us a valid exemption or resale certificate. UK customers should see Section 30.8.

6.12 Refunds

Fees are non-refundable except:

1. where these Terms expressly provide a refund (Sections 3.3, 6.7, 24.2, 27.4, 33.2 and 34.3);
2. for a charge we made in error, including a charge after a valid cancellation;
3. where applicable law requires a refund; or
4. as stated in your Order [[FILL: any money-back guarantee or first-charge refund window]].

Refunds are made to the original payment method.

6.13 Failed payments

If a payment fails, we will notify your billing contact and may retry the charge. If an amount remains unpaid [[FILL: 10]] days after we notify you, we may suspend paid features until it is paid, in accordance with Section 23. We will not delete your data for non-payment without first giving you the export window described in Section 27. Overdue amounts may accrue interest at the lesser of [[FILL: 1.5]] percent per month or the highest rate the law allows [[FILL: counsel to decide whether to charge interest at all]].

6.14 Billing disputes

If you believe a charge is wrong, please tell us at info@cheetahos.app within 60 days of the charge so we can investigate and correct it. This does not limit any right you have with your card issuer.

6.15 Payment processing

Payments to us are processed by Stripe. We do not receive or store full card numbers. Your payment information is also subject to Stripe's terms and privacy policy.

7. Customer Data

7.1 Definitions

"Customer Data" means all data and content that you, your Users or your End Users submit to or through the Service, or that the Service collects or generates on your behalf, including lead, merchant, guarantor, applicant, investor and staff records, documents, bank statements, identification and tax forms, call recordings and transcripts, messages, email content, e-signature records, and AI inputs and outputs relating to your account. "Service Data" means information about how the Service is accessed and performs (for example logs, device and browser data, feature usage, error reports and security events) that does not include the content of Customer Data.

7.2 You own your data

As between you and us, you own Customer Data. We claim no ownership of it.

7.3 Our limited license to Customer Data

You grant us a limited, non-exclusive, worldwide license to host, store, copy, process, transmit, display and back up Customer Data only as needed to:

1. provide, maintain, secure and support the Service for you;
2. follow your and your Users' instructions, including the configuration choices you make in the Service;
3. prevent, detect and investigate fraud, abuse, security incidents and violations of these Terms; and
4. comply with law and legal process, subject to Section 7.9.

We will not use or disclose Customer Data for any other purpose. In particular, we will not sell Customer Data, share it for cross-context behavioral advertising, combine it with data from other customers or other sources except as needed to provide the Service to you, or use one customer's data to provide services to another customer. Where you are a financial institution that shares nonpublic personal information with us under a service provider arrangement, we will not disclose or use that information other than to carry out the services you engaged us to perform.

7.4 No training of AI on your data

We do not use Customer Data, including documents, recordings, transcripts, messages and AI prompts and outputs, to train, fine-tune or improve any artificial intelligence or machine learning model, whether ours or a third party's. We require the third-party AI providers we use to process Customer Data only to return results to us and not to use it to train or improve their models [[FILL: confirm AI provider contract terms, including zero or limited data retention]]. We will not change this practice by updating these Terms or our Privacy Policy. Any future use of Customer Data for model training would require your prior, express, opt-in consent, given separately from these Terms, and you could decline without losing access to the Service.

7.5 Service Data and aggregated data

We may use Service Data to operate, secure, support, bill for and improve the Service. We may also create and use aggregated or de-identified statistics derived from Customer Data and Service Data (for example total call volumes or feature adoption rates) only if:

1. the statistics do not identify, and cannot reasonably be linked to, you, any User, any End User, or any individual or business whose information is in Customer Data;
2. we maintain technical and contractual measures to prevent re-identification, and we do not attempt to re-identify the data;
3. the statistics are never about an identifiable merchant, guarantor, applicant or investor and are never used to evaluate the creditworthiness, eligibility, character or risk of any person or business;
4. we do not sell them or disclose them in a form that could identify you; and
5. we do not use them to create any cross-customer database of merchants, guarantors or deals, such as a shared "stacking", default or blacklist database.

7.6 Data processing roles

For personal information in Customer Data, you are the business or controller and we are your service provider, contractor or processor. The DPA governs our processing and is incorporated into these Terms. We certify that we understand and will comply with the restrictions in Sections 7.3 to 7.5 and in the DPA.

7.7 Your responsibilities for Customer Data

You are responsible for the accuracy, quality and legality of Customer Data and for how you obtained it. You represent and warrant that you have, and will maintain, every right, consent, authorization and notice needed under applicable law to collect Customer Data, to upload it to the Service, and to let us process it as described in these Terms, including notices to and consents from merchants, guarantors, applicants, investors, call and message recipients, and your own staff. You must not upload:

• protected health information regulated by HIPAA (we do not offer, and will not sign, a business associate agreement);
• personal information of children under 13, or of anyone under 18 except as required to process a business application you are lawfully handling;
• payment card numbers, except where a feature is specifically designed for them; or
• any data you do not have the right to use.

7.8 Record retention

You are responsible for keeping any records that laws applicable to your business require you to keep, for as long as they require (for example, application records under the Equal Credit Opportunity Act, telemarketing records under the Telemarketing Sales Rule, securities books and records, and tax and employment records). The Service provides retention settings and export tools, but we are not your system of record for legal retention purposes unless an Order expressly says so. Before you delete data or close your account, export anything you must keep.

7.9 Legal requests for Customer Data

If we receive a subpoena, warrant, court order or government request for Customer Data, we will direct the requester to you where we reasonably can. Unless legally prohibited, we will notify you before disclosing Customer Data so you can seek a protective order, and we will disclose only what we are legally required to disclose.

8. Security and Incident Notice

8.1 Our safeguards

We maintain administrative, technical and physical safeguards designed to protect Customer Data, appropriate to the nature of the data we process. These currently include encryption of Customer Data with encryption keys unique to each customer tenant, additional field-level encryption for sensitive fields, a hash-chained (tamper-evident) audit log, passkey and TOTP multi-factor authentication, bot protection on sign-in and forms using Cloudflare Turnstile, malware scanning of uploaded files, and screening of passwords against known breached passwords. Our safeguards are further described in the DPA. We may change our safeguards over time, but we will not materially reduce the overall protection of Customer Data during your subscription.

8.2 No system is perfectly secure

No method of transmission or storage is completely secure. We do not guarantee that unauthorized access will never occur, and we do not claim any security certification unless and until we hold it and say so in writing, with its date and scope.

8.3 Security incident notice

If we confirm a breach of our security that resulted in unauthorized access to, or acquisition, disclosure, alteration or loss of, Customer Data (a "Security Incident"), we will notify you without undue delay and in any event within 72 hours after confirmation [[FILL: confirm 72 hours, or shorten to 48 hours]]. Our notice will describe, to the extent then known, what happened, the types of data and the accounts affected, the steps we are taking, and a contact for further information. We will update you as we learn more, correct any information that turns out to be wrong, and give you reasonable cooperation and information to help you meet your own notification and reporting obligations. We will not name you in a public statement about a Security Incident without your consent, unless the law requires it. Our notice is not an admission of fault.

8.4 Your security responsibilities

You are responsible for the security of your own systems, devices, networks and mailboxes that connect to the Service; for your Users' credentials and multi-factor authentication; for configuring roles and permissions appropriately; and for promptly applying any security settings we make available. A Security Incident does not include unsuccessful attempts, or incidents caused by your credentials, your systems, or your Users' conduct, although we will still help you investigate.

8.5 Security reviews

On request, and subject to confidentiality, we will answer reasonable security questionnaires no more than once a year, unless a Security Incident or a regulator's request justifies more. Any additional audit rights are set out in the DPA or an Order.

9. Your Legal Compliance

9.1 You are responsible for your business

You are solely responsible for complying with every law, regulation, rule, industry standard and contract that applies to your business and to your use of the Service. For all activity you carry out through the Service you are the lender, funder, broker, seller, telemarketer, caller, sender, creditor, employer or payer (as applicable), and not us.

9.2 We do not provide compliance advice

The Service's features, templates, calculators, default settings, guardrails, checklists, help content and AI outputs are tools. They are not legal, regulatory or compliance advice, and they do not guarantee that your activity is lawful. Laws differ by state and country and change frequently. You must obtain your own legal advice, review every template, disclosure and calculation before you use it, and configure the Service to meet the laws that apply to you. Our defaults may be stricter or less strict than the law that applies to a particular communication or transaction.

9.3 Laws that commonly apply to our customers

Without limiting Section 9.1, you are responsible for complying with the following where they apply to you:

1. Commercial financing disclosure, registration and licensing laws, including the state laws of California, New York, Utah, Virginia, Florida, Georgia, Connecticut, Kansas, Missouri, Louisiana, Texas and any other state that requires disclosures to, or registration or licensing of, commercial financing providers or brokers; state lending and usury laws; state restrictions on confessions of judgment; and state restrictions on automatic debiting.
2. Telemarketing and messaging laws, including the Telephone Consumer Protection Act and FCC rules, the Telemarketing Sales Rule (including its prohibitions on misrepresentations in business-to-business calls), state "mini-TCPA" and telemarketing laws, state telemarketer registration and bonding requirements, national and state Do Not Call rules, and carrier and industry messaging rules including 10DLC registration.
3. Call recording and interception laws, including the federal Wiretap Act and state laws that require the consent of every party to a call.
4. Email laws, including the CAN-SPAM Act and state laws on deceptive commercial email.
5. Privacy and data security laws, including the Gramm-Leach-Bliley Act and the FTC Safeguards Rule where they apply to you, state comprehensive privacy laws, state data breach notification laws, state Social Security number protection laws, and state biometric privacy laws.
6. The Fair Credit Reporting Act, including having a permissible purpose before you obtain or use any consumer report (including a report on an owner or guarantor who will be personally liable), providing required adverse action notices, and following the rules for employment background checks.
7. The Equal Credit Opportunity Act and Regulation B, fair lending laws, and, if you are covered, the small business lending data collection rule, including their record retention requirements.
8. Unfair, deceptive and abusive practices laws, including Section 5 of the FTC Act, the Consumer Financial Protection Act where it applies, state unfair and deceptive practices laws, and the New York FAIR Business Practices Act, which protects small businesses as well as consumers.
9. Securities laws for any syndication, participation or investment activity, including the Securities Act of 1933 and Regulation D (including Form D filings, limits on general solicitation, and accredited investor verification), the Securities Exchange Act of 1934 (including broker-dealer registration of anyone paid to sell securities), the Investment Advisers Act of 1940, and state securities laws.
10. Collection laws, including the Fair Debt Collection Practices Act where it applies, state collection laws, and prohibitions on harassment and unauthorized withdrawals.
11. Electronic signature laws, including the E-SIGN Act (including its consumer consent requirements where a law requires information to be given to a consumer in writing) and state electronic transactions laws, and the rules excluding certain documents from electronic signature.
12. Employment and tax laws for staff onboarding, including IRS requirements for W-9 and W-4 forms, employment eligibility verification, and background check rules.
13. Automated decision and AI laws that apply to you as the business deploying a tool, including state laws on automated decision-making in financial or lending services, as they take effect.
14. Sanctions and export laws as described in Section 32.

For UK customers, Section 30 adds UK laws.

9.4 Commercial financing only

The Service is designed for commercial (business-purpose) financing. You must not use it to offer, broker, service or collect consumer credit, consumer debt relief, debt settlement or credit repair unless we have agreed in writing and you maintain your own compliance program for those products.

9.5 Your representations

You represent, warrant and agree that, throughout your use of the Service:

1. you and your personnel hold every license, registration and bond your business requires;
2. every communication you make through the Service will comply with Section 9.3 and the Use Policies;
3. you have obtained, and can produce on request, every consent and notice required for the data you upload and the communications you send;
4. your disclosures, contracts and marketing are truthful and not misleading; and
5. you will promptly tell us if any regulator, carrier, court or law enforcement agency alleges that your use of the Service is unlawful.

9.6 Know your customer

Before we enable calling, texting, email sending or certain other features, we may ask you for information about your business and intended use, such as your legal name, EIN, website, business address, licenses and registrations, consent practices, and sample content, and we may require you to complete an attestation. We may decline to enable, or may limit, any feature based on that review.

9.7 Cooperation

You will cooperate promptly with our reasonable requests for information needed to respond to a complaint, a carrier or payment processor inquiry, an industry traceback request, a subpoena, or a regulator's inquiry relating to your use of the Service.

10. Use Policies

Your use of the Service must comply with the Acceptable Use Policy and the Calling, Texting, Email and Recording Rules, which are incorporated into these Terms. Those policies may be stricter than the policies of our upstream providers, and they require you to comply with the policies of carriers and other providers that the Service relies on.

11. AI Features

11.1 What they are

The Service includes an in-app AI assistant that can summarize, draft, search and explain information within your account. We may add other AI features, including the planned features in Sections 11.7 and 11.8. AI features use one or more third-party large language model providers [[FILL: name of LLM provider(s)]], listed on our Subprocessor List. Our AI Terms page gives more detail.

11.2 AI outputs can be wrong

AI outputs are generated by probability, not by verified knowledge. They may be inaccurate, incomplete, out of date, or inconsistent, and the same input can produce different outputs. AI outputs are not legal, tax, credit, investment or compliance advice, and they are not decisions. You must review any AI output before relying on it, sending it to anyone, or using it in any decision.

11.3 Human decisions

You must not use any AI feature as the sole basis for approving, declining, pricing or terminating financing, for any decision about an individual's employment, or for any other decision that has a legal or similarly significant effect on a person, unless a qualified person in your business has reviewed the decision and the law permits it. You are responsible for any notices, explanations, human review, appeal or opt-out rights that the law requires when you use automated tools in decisions.

11.4 Prohibited inputs and uses

You must not use AI features to: consider or infer a characteristic protected by fair lending or anti-discrimination law (such as race, color, religion, national origin, sex, marital status or age) or a proxy for one; generate or alter documents to deceive anyone; impersonate a real person; or do anything the Acceptable Use Policy prohibits. You must not attempt to extract model instructions, other customers' data, or system information through prompts.

11.5 Ownership of outputs

As between you and us, you own the outputs the AI features generate from your Customer Data, and outputs are Customer Data. We do not warrant that outputs are unique, protectable by copyright, or free of third-party rights.

11.6 No training

Section 7.4 applies to all AI features.

11.7 AI voice agents (planned)

AI voice agents are not yet available. If we make them available: (a) an AI-generated voice is treated as an artificial or prerecorded voice under the Telephone Consumer Protection Act, so you must have the prior express consent (and for telemarketing, the prior express written consent) required for artificial or prerecorded voice calls to each number called; (b) each call must begin by identifying your business and that the caller is an automated AI assistant, and must honor a spoken request to stop calling; (c) you must not use an AI voice that imitates a real person without that person's written consent; and (d) the additional rules in the Calling, Texting, Email and Recording Rules apply. We may block AI voice calls to any number that does not have a stored consent record.

11.8 Document integrity and fraud signals (planned)

Document integrity and fraud signal features are not yet available. If we make them available: (a) they will produce informational signals only, such as indicators that a document may have been altered or that information appears inconsistent; (b) signals can be wrong, including false positives and false negatives; (c) no signal is an automated decision, and every signal requires review by a qualified person in your business before any action is taken; (d) signals will be generated from the data in your own tenant and will not draw on a shared database of other customers' merchants, guarantors or deals; and (e) signals are not consumer reports and must not be used as the basis for any credit, employment, insurance or other eligibility decision about an individual in a way that would require a consumer report.

12. Calling, Texting and Email Features

12.1 Telephony provider

Calling, texting and call recording are provided through our carrier partner Telnyx. Cheetah holds the carrier account and provisions phone numbers to Customers for use only within the Service. Before calling or texting is enabled, you must complete our identity and business verification, and for texting, your own brand and campaign registration (10DLC), which we submit on your behalf through the carrier. You authorize us to share the information needed for that registration, for carrier and industry traceback requests, and for robocall mitigation duties with the carrier and with regulators. We may pause calling or texting on any number while a traceback, complaint or carrier inquiry is open. Phone numbers assigned to you remain subject to carrier rules, and we or the carrier may reclaim a number that is unused, flagged for abuse, or no longer permitted under carrier rules.

12.2 Registrations

You must register your own brand and messaging campaigns (including 10DLC registration through The Campaign Registry) using your own business identity, and keep that registration accurate. Unregistered or mismatched traffic may be blocked by carriers.

12.3 No emergency calling

The Service is not a telephone replacement and does not support calls to 911 or other emergency services. Do not rely on the Service for emergency communications.

12.4 Connected mailboxes

When you connect a Gmail, Microsoft or IMAP mailbox, you authorize us to access it as needed to send, receive, sync and track email you direct through the Service. Your use of that mailbox remains subject to the mailbox provider's terms and sending limits. You may disconnect a mailbox at any time.

12.5 Carrier and provider actions

Carriers, mailbox providers and other upstream providers may filter, block, label, delay or refuse communications, or suspend numbers or senders, based on their own rules. We do not control those decisions and are not responsible for them.

13. Electronic Signature Feature

The Service lets you send documents for electronic signature and keeps an audit trail (such as identity details, timestamps, IP addresses and consent records) and a copy of the signed document. You are responsible for the content and enforceability of every document you send; for deciding whether a document may lawfully be signed electronically; for any consumer consent disclosures the E-SIGN Act or other law requires; for any state requirement that a disclosure be signed before a transaction is completed; and for delivering copies to signers where the law requires. Some documents cannot be signed electronically under applicable law. We do not verify the identity of signers unless a feature expressly says it does, and we are not a party to any document signed through the Service.

14. Investor and Syndication Module

14.1 Record keeping only

The investor and syndication module lets you record participations, investor commitments, allocations and distributions and share reports with investors you invite. It is a record-keeping and reporting tool. It does not hold, move, pool or disburse money, and no money passes through Cheetah Technologies [[FILL: confirm the module never initiates or instructs payments]].

14.2 We do not offer securities

Cheetah Technologies does not offer, sell, solicit or recommend any security, participation or investment; does not match investors with deals; does not operate a marketplace or public offering page; does not verify accredited investor status; and does not receive compensation that depends on any investment. The module is not a securities offering platform.

14.3 Your securities law duties

Participations and syndication interests may be securities. You are solely responsible for determining whether they are, and for complying with all securities laws that apply, including Regulation D, Form D and state notice filings, limits on general solicitation, accredited investor verification, broker-dealer and investment adviser registration of anyone you pay to raise capital or give advice, offering disclosures, and books and records rules. You must invite only investors with whom you have a lawful basis to communicate, and you must not use the Service to publish offering materials to the public.

14.4 Calculations

Distribution, fee and return calculations follow the rules you configure. You must verify every figure before you rely on it or share it.

15. Merchant Client Portal and Other End Users

15.1 End Users

You may invite merchants, applicants, investors, funders and other third parties to access limited parts of the Service, such as the merchant client portal or a lender portal ("End Users"). End Users access the Service on your behalf and at your direction, and their data is Customer Data.

15.2 Your duties to End Users

You are responsible for your relationship with each End User, including giving them any privacy notice, disclosure or consent request the law requires, telling them what documents you are asking for and why, and responding to their requests. End Users must accept our end-user terms before accessing a portal [[FILL: end-user portal terms to be drafted]]. You must not invite anyone to a portal whom you do not have a lawful basis to contact.

15.3 Documents End Users upload

Documents uploaded by End Users, such as bank statements, identification and tax forms, are scanned for malware and stored in your tenant. You are responsible for reviewing them and for any decision based on them.

16. Staff Onboarding

The staff onboarding tools help you collect W-9 and W-4 forms, identification and other onboarding information from your personnel. You are the employer or payer of record. You are responsible for deciding what to collect, for giving any required notices, for tax withholding, reporting and filing, for employment eligibility verification, for any background check consents, and for retaining records as the law requires. We do not prepare, file or transmit tax returns or information returns on your behalf, and we do not provide payroll services, unless an Order expressly says so.

17. Third-Party Services and Integrations

17.1 Third-party services

The Service relies on and connects to third-party services, including hosting, databases, Stripe for payments, Telnyx for telephony, Resend for transactional email, Cloudflare for bot protection, mailbox providers, and AI model providers. Our current subprocessors are listed on the Subprocessor List. Third-party services you choose to connect are governed by your agreement with their providers. We are not responsible for third-party services we do not control, and features that depend on them may change or stop if the third party changes or discontinues them.

17.2 Planned integrations

If we make available verified bank data connections, POS connectors, a public API and webhooks, or an embeddable partner widget:

1. Bank data connections will be provided through a third-party data provider that is responsible for its own authorization flows and regulatory status. Merchants must authorize each connection. We will not access bank accounts to move money.
2. POS connectors will import data you or your merchants authorize. You are responsible for having the right to import it.
3. API and webhooks will be subject to API documentation and rate limits we publish. You must keep API keys secret, secure your webhook endpoints, and are responsible for all activity using your keys.
4. The partner widget may be embedded only on websites you control. You are responsible for your website's content, privacy notice, cookie consent and accessibility.

18. Beta and Pre-Release Features

We may offer features labeled beta, preview, early access or similar ("Beta Features"). Beta Features are optional, may be incomplete or contain errors, may change or be withdrawn at any time, and may have separate usage limits. Beta Features are provided "as is" without any warranty or support commitment, and to the extent permitted by law our total liability for Beta Features is limited to US$100. Do not rely on Beta Features for any purpose where a failure could cause you harm, and do not use them with data you cannot afford to lose unless we say otherwise in writing.

19. Feedback

If you or your Users send us suggestions, ideas or feedback about the Service, we may use them without restriction or obligation to you. Feedback does not include Customer Data, and we will not identify you as its source without your consent.

20. Intellectual Property and License

20.1 Your license to use the Service

Subject to these Terms and payment of fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right during your subscription term to access and use the Service, and to let your Users and End Users do so, solely for your internal business purposes.

20.2 Our ownership

We and our licensors own the Service, including its software, design, documentation, templates, and our trademarks, and all intellectual property rights in them. No rights are granted to you except those expressly stated in these Terms.

20.3 Restrictions

You must not, and must not permit anyone to: copy, modify or create derivative works of the Service; reverse engineer, decompile or disassemble it, except to the extent the law expressly permits despite this restriction; resell, sublicense, rent or provide the Service to third parties as a service bureau; scrape or copy the Service's non-public parts; remove proprietary notices; or use the Service or any output to build a competing product.

20.4 Third-party software

The Service includes open source and other third-party components that are licensed under their own terms, which we make available on request.

21. Copyright Concerns

If you believe material in the Service infringes your copyright, email info@cheetahos.app with a description of the work and where it appears in the Service, and we will review it and remove infringing material where appropriate. We may suspend or terminate the accounts of Users and customers who are repeat infringers.

22. Confidentiality

22.1 What is confidential

"Confidential Information" means non-public information that one party (the "Discloser") discloses to the other (the "Recipient") that is marked confidential or that a reasonable person would understand to be confidential. Customer Data is your Confidential Information. Non-public information about the Service, our pricing terms offered to you, and our security practices is our Confidential Information.

22.2 Exclusions

Confidential Information does not include information that is or becomes public through no fault of the Recipient, was known to the Recipient without restriction before receipt, is independently developed without use of the Discloser's information, or is lawfully received from a third party without a duty of confidentiality. These exclusions do not apply to personal information in Customer Data, which remains protected under Section 7 and the DPA.

22.3 Obligations

The Recipient will use the Discloser's Confidential Information only to perform under or exercise its rights under these Terms, will protect it with at least reasonable care, and will disclose it only to its employees, contractors, advisors and subprocessors who need to know it and are bound by confidentiality obligations at least as protective. The Recipient may disclose Confidential Information when legally required, after giving the Discloser prompt notice where legally permitted and reasonable help to seek protection.

23. Suspension

23.1 When we may suspend

We may suspend or restrict your or any User's access to all or part of the Service, including specific numbers, campaigns, sending mailboxes, AI features or End User portals, if we reasonably believe that:

1. an amount is overdue as described in Section 6.13;
2. you or a User has breached these Terms or the Use Policies;
3. your use poses a security risk to the Service, to us, to other customers, or to any person;
4. a carrier, telephony provider, payment processor, hosting provider, AI provider, mailbox provider or other provider the Service relies on requires or requests it, or has threatened to suspend or block service because of your use;
5. we have received a complaint, an industry traceback request, a spam or fraud label on your numbers, a high opt-out or complaint rate, or another signal that indicates abusive, unlawful or unconsented communications;
6. a regulator, law enforcement agency or court requires it, or we receive a credible inquiry alleging your use is unlawful;
7. continued use could subject us to legal liability or regulatory action; or
8. an account appears to have been created or used fraudulently, including repeated demo or trial sign-ups to avoid paying.

23.2 How we suspend

We will limit a suspension to the minimum scope and duration reasonably necessary. Where practical and lawful, we will notify you before suspending, or promptly afterwards if immediate action is needed, and explain what you must do to restore access. We will restore access promptly once the issue is resolved. Suspension does not delete Customer Data. If a suspension results from your breach or your use, fees continue to accrue during it. If it does not, we will credit you for the suspended period.

24. Warranties and Disclaimers

24.1 Mutual warranties

Each party warrants that it has the authority to enter into these Terms and that its acceptance of these Terms does not breach any other agreement it is bound by.

24.2 Our limited warranty

We warrant that, during a paid subscription term, the Service will perform materially as described in our then-current documentation. If it does not, and you tell us within 30 days of first noticing the problem, we will use commercially reasonable efforts to correct it. If we cannot correct it within a reasonable time, you may terminate the affected subscription and receive a pro-rata refund of prepaid fees for the unused term. This is your exclusive remedy for breach of this warranty. This warranty does not apply to Beta Features, demo accounts, free features, third-party services, or problems caused by your data, configuration, systems or misuse.

24.3 Disclaimer

EXCEPT FOR THE EXPRESS WARRANTIES IN THESE TERMS, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE, ALL FEATURES, TEMPLATES, CALCULATIONS, AI OUTPUTS, SIGNALS AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND CHEETAH TECHNOLOGIES LLC AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; THAT ANY COMMUNICATION WILL BE DELIVERED; THAT ANY TEMPLATE, DISCLOSURE, CALCULATION, DEFAULT SETTING OR AI OUTPUT IS ACCURATE, COMPLETE OR COMPLIANT WITH ANY LAW; THAT ANY DEAL WILL BE APPROVED OR FUNDED; OR THAT THE SERVICE WILL PRODUCE ANY PARTICULAR BUSINESS RESULT. WE DO NOT WARRANT THAT THE SERVICE CONFORMS TO ANY ACCESSIBILITY STANDARD EXCEPT AS STATED IN OUR ACCESSIBILITY STATEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

25. Limitation of Liability

25.1 Excluded damages

TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO SECTIONS 25.4 AND 25.5, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

25.2 General cap

TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO SECTIONS 25.3 TO 25.5, EACH PARTY'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID AND PAYABLE BY YOU FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, AND (B) US$[[FILL: dollar floor, for example 1,000]] (THE "GENERAL CAP").

25.3 Data protection super-cap

FOR CLAIMS ARISING FROM OUR BREACH OF SECTION 7, SECTION 8, SECTION 22 AS IT RELATES TO CUSTOMER DATA, OR THE DPA, OUR TOTAL LIABILITY WILL NOT EXCEED [[FILL: data breach super-cap, for example the greater of 3 times the fees paid and payable in the 12 months before the event, or US$ amount]] (THE "DATA CAP"). CLAIMS WITHIN THIS SECTION 25.3 ARE SUBJECT TO THE DATA CAP INSTEAD OF THE GENERAL CAP. THE DATA CAP IS A SINGLE AGGREGATE CAP FOR ALL SUCH CLAIMS.

25.4 Exceptions

Sections 25.1 to 25.3 do not limit:

1. liability for fraud or fraudulent misrepresentation;
2. liability for gross negligence or willful misconduct;
3. liability for death or personal injury caused by negligence;
4. your obligation to pay fees and charges;
5. your liability for breach of the Use Policies or Section 9, or for your indemnity obligations under Section 26.1;
6. our obligations under Section 26.2 [[FILL: counsel to decide whether our IP indemnity is uncapped or subject to the Data Cap amount]]; or
7. any liability that cannot be limited or excluded under applicable law, including where California Civil Code section 1668 applies.

25.5 UK customers

For UK customers, nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under the law of England and Wales, including the Unfair Contract Terms Act 1977. Each limitation and exclusion in this Section 25 is separate and independent. If any exclusion in Section 25.1 is held unenforceable, the General Cap and the Data Cap continue to apply.

25.6 Basis of the bargain

The fees reflect the allocation of risk in this Section 25, which is an essential part of the bargain between the parties and applies even if a limited remedy fails of its essential purpose.

26. Indemnification

26.1 By you

You will defend Cheetah Technologies LLC and its members, managers, officers, employees, contractors and agents (the "Cheetah Parties") against any claim, demand, suit, investigation or proceeding brought by a third party, including a regulator, carrier or individual ("Claim"), and will indemnify and hold the Cheetah Parties harmless from all resulting damages, statutory damages, penalties, fines, settlements, costs and reasonable attorneys' fees, to the extent the Claim arises from or relates to:

1. calls, texts, voicemails, emails, recordings, AI voice calls or other communications made or sent through your account, including any claim under the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act, state telemarketing, messaging, recording or wiretap laws, or carrier rules;
2. Customer Data, including any claim that it was collected, uploaded, stored, used or disclosed without a required right, consent, notice or permissible purpose;
3. your lending, funding, brokering, underwriting, pricing, servicing, collection, syndication, investment, hiring or other business conduct, including disclosures, licensing, registration, usury, fair lending, unfair or deceptive practices, and securities law claims;
4. content you or your Users create, send or publish, including AI outputs you choose to use;
5. your or your Users' breach of these Terms or the Use Policies, or violation of law; or
6. any dispute between you and a User, End User, merchant, investor, funder, broker or other third party.

26.2 By us

We will defend you against any Claim alleging that the Service, as provided by us and used in accordance with these Terms, infringes a United States patent, copyright or trademark (and, for UK customers, a UK patent, copyright or trademark) or misappropriates a trade secret, and will indemnify you from damages and costs finally awarded against you or agreed in a settlement we approve. We have no obligation for any Claim arising from Customer Data, your modifications, combination of the Service with anything we did not supply, use of the Service other than as permitted by these Terms, use after we told you to stop, Beta Features, or free features. If the Service is or may become subject to such a Claim, we may, at our option and expense, obtain the right for you to continue using it, modify it so that it is non-infringing without material loss of functionality, or terminate the affected part and refund prepaid fees for the unused term. This Section 26.2 states our entire liability, and your exclusive remedy, for infringement claims.

26.3 Procedure

The indemnified party must give the indemnifying party prompt written notice of the Claim (although a delay only reduces the indemnifying party's obligations to the extent it is prejudiced), reasonable cooperation at the indemnifying party's expense, and sole control of the defense and settlement. The indemnified party may participate with its own counsel at its own expense. No settlement may impose any admission, obligation or liability on the indemnified party without its prior written consent, which will not be unreasonably withheld.

27. Term, Termination, Data Export and Deletion

27.1 Term

These Terms start when you first accept them and continue until every subscription has ended and any export window under Section 27.5 has closed.

27.2 Termination by you

You may cancel a subscription at any time under Section 6.8. You may also terminate these Terms for our material breach if we fail to cure it within 30 days after your written notice.

27.3 Termination by us

We may terminate a subscription or these Terms:

1. for your material breach that you fail to cure within 30 days after our written notice, or immediately for a breach of the Use Policies, Section 9 or Section 32 that is serious, repeated or cannot be cured;
2. immediately if a provider, regulator, court or law enforcement agency requires it, or if continuing to provide the Service to you would be unlawful;
3. immediately if you become insolvent, make an assignment for the benefit of creditors, or cease business; or
4. for any other reason on 60 days' written notice, in which case we will refund prepaid fees for the unused part of the term.

27.4 Effect of termination

When a subscription ends, your right to use the paid Service ends, and all fees that accrued before the end date become due. If we terminate under Section 27.3(4), or you terminate for our uncured material breach, we will refund prepaid fees for the unused part of the term.

27.5 Data export window

For [[FILL: 30]] days after a subscription ends (the "Export Window"), your administrators may log in with read-only access and export Customer Data using the Service's export tools in a machine-readable format. Encrypted fields are decrypted in your export; authentication secrets and encryption keys are not exported. If we terminated for a serious breach of the Use Policies or for a legal reason, we may instead provide the export to you directly, or limit the export to the extent required by law or a lawful order.

27.6 Deletion and key destruction

After the Export Window ends, we will delete Customer Data from our production systems within [[FILL: 30]] days and destroy the encryption keys unique to your tenant, which makes data encrypted with those keys permanently unrecoverable, including any copies of that data in backups. Any other residual copies in backups will be deleted when those backups expire on their normal rotation schedule of no more than [[FILL: backup retention period]] days, and will remain protected by these Terms until then. We may retain Customer Data only where the law, a legal hold, or a lawful order requires it, and only for as long as it requires. On request, we will confirm deletion in writing.

27.7 Survival

Sections 4, 6.11 to 6.14 (for amounts owed), 7, 8.3 (for Security Incidents discovered before deletion), 9, 11.2 to 11.5, 14.2 to 14.4, 19, 20.2, 20.3, 22, 24.3, 25, 26, 27.4 to 27.7, 28, 29, 30.5 to 30.7, 32, 33 and 34, and any other provision that by its nature should survive, survive termination or expiry.

28. DISPUTE RESOLUTION, BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS HOW DISPUTES ARE RESOLVED. UNLESS YOU OPT OUT UNDER SECTION 28.9, YOU AND WE AGREE TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, AND YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

28.1 Informal resolution first

Before starting an arbitration or court case, the party raising a dispute must send the other a written notice describing the dispute, the relief sought, and the claimant's name and account email (a "Dispute Notice"). Dispute Notices to us go to info@cheetahos.app and to our mailing address in the Contact section below. Dispute Notices to you go to your account's administrator email. For 60 days after a Dispute Notice is received, the parties will try in good faith to resolve the dispute, including, at either party's request, through an individual video or telephone conference with an authorized representative of each party (and counsel, if represented). Any limitations period is paused for these 60 days. Compliance with this Section 28.1 is a condition to starting an arbitration, and a court or the arbitration administrator may enforce it.

28.2 Agreement to arbitrate

Except as provided in Sections 28.6 and 28.9, any dispute, claim or controversy between you and us arising out of or relating to these Terms, the Service, or our relationship, whether based in contract, tort, statute or any other theory, and whether it arose before or after you accepted these Terms (a "Dispute"), will be resolved by final and binding individual arbitration. The Federal Arbitration Act (9 U.S.C. 1 and following) governs the interpretation and enforcement of this Section 28.

28.3 Rules, administrator and location

The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules in effect when the arbitration is filed, as modified by this Section 28. It will be heard by a single arbitrator. The arbitration will take place in Maricopa County, Arizona, unless the parties agree otherwise, and either party may ask to participate by video conference. For claims of US$25,000 or less, the arbitration will be decided on written submissions unless the arbitrator decides a hearing is necessary. The arbitrator may award any individual relief that a court could award to an individual party, including declaratory and injunctive relief, but only to the extent necessary to resolve that party's individual claim. The arbitrator must apply applicable law and these Terms and will issue a reasoned written decision. Judgment on the award may be entered in any court with jurisdiction.

28.4 Fees

Filing, administrative and arbitrator fees will be paid as provided in the AAA's rules and fee schedules. However, for any Dispute in which you seek less than US$[[FILL: 10,000]], we will pay any filing, administrative and arbitrator fees that exceed the court filing fee you would have paid to bring the claim in court. Each party will bear its own attorneys' fees and costs, except that the arbitrator may award fees and costs where applicable law or these Terms allow, or where the arbitrator finds that a claim, defense or conduct in the arbitration was frivolous or brought in bad faith.

28.5 Mass arbitration

If 25 or more demands for arbitration raising similar claims are filed against us or by us by the same or coordinated counsel or organizations ("Mass Filing"), the AAA's Mass Arbitration Supplementary Rules and the associated fee schedule will apply in addition to the Commercial Arbitration Rules, including the appointment of a process arbitrator to decide administrative issues. For a Mass Filing: (a) each demand must satisfy Section 28.1 before filing, and the parties will engage in a global mediation if either requests it; (b) demands may be administered in batches of up to [[FILL: 100]] demands, with a single merits arbitrator appointed for each batch; (c) every claimant retains the right to present its own evidence and argument and to receive its own individual award, and no decision, award or ruling in any arbitration will bind any claimant or party who did not participate in that arbitration; (d) the parties may agree to use the results of early arbitrations to inform settlement discussions, but no party is required to accept them; and (e) any statute of limitations for a claimant's claim is paused from the date that claimant's Dispute Notice is received until its arbitration is administered. If the AAA will not administer a Mass Filing under these rules, the parties will agree on another administrator, or a court will appoint one, to administer it under rules consistent with this Section 28.5.

28.6 Exceptions

Either party may: (a) bring an individual claim in small claims court in Maricopa County, Arizona, or in the county of your principal place of business, if the claim qualifies and remains in that court; (b) bring an action in court for injunctive or other equitable relief to stop the actual or threatened infringement, misappropriation or violation of its intellectual property rights, the other party's breach of Section 22 (Confidentiality), or unauthorized access to or interference with the Service or Customer Data; and (c) to the extent a claim for public injunctive relief cannot lawfully be arbitrated, bring that claim in court after the individual claims are arbitrated, with the court action stayed until the arbitration is complete.

28.7 CLASS ACTION AND JURY TRIAL WAIVER

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WE 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, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING, EXCEPT AS PROVIDED FOR BATCH ADMINISTRATION IN SECTION 28.5. YOU AND WE EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE THAT IS RESOLVED IN COURT.

28.8 Who decides

The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, scope or enforceability of this Section 28, except that a court has exclusive authority to decide: (a) whether an agreement to arbitrate was formed; (b) the enforceability of Section 28.7 (Class Action and Jury Trial Waiver), and whether any claim must be severed under Section 28.10; (c) disputes about the application of Section 28.5 that the AAA's process arbitrator does not resolve; and (d) whether a party has satisfied Section 28.1.

28.9 Right to opt out within 30 days

You may opt out of this agreement to arbitrate by emailing info@cheetahos.app within 30 days after you first accept these Terms, with the subject line "Arbitration Opt-Out" and your business's legal name, the account email, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms, including Section 28.7's jury trial waiver to the extent enforceable, and Disputes will then be resolved in the courts described in Section 29.2. Opting out of a prior version of this Section 28 is effective for later versions.

28.10 Severability

If a court finds any part of this Section 28 unenforceable, the rest of it remains in effect, except that: (a) if Section 28.7's class action waiver is found unenforceable as to any claim, that claim must be severed and decided by a court under Section 29.2, and must not be arbitrated on a class or representative basis; and (b) if Section 28.5 is found unenforceable in any respect, the Commercial Arbitration Rules will apply to the affected demands on an individual basis.

28.11 Changes to this Section

If we make a material change to this Section 28, we will give you at least 30 days' notice under Section 33. The change will not apply to any Dispute that arose, or of which either party had written notice, before the change takes effect. You may reject the change by emailing info@cheetahos.app within 30 days after the notice; if you do, the most recent version of this Section 28 that you accepted continues to govern Disputes between us.

29. Governing Law and Venue

29.1 Governing law

Except as provided in Section 30 for UK customers, these Terms and any Dispute are governed by the laws of the State of Arizona and applicable United States federal law, without regard to conflict of laws rules, except that the Federal Arbitration Act governs Section 28. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.

29.2 Courts

For any Dispute that is not arbitrated, including where you have opted out of arbitration, the state and federal courts located in Maricopa County, Arizona have exclusive jurisdiction, and each party consents to personal jurisdiction and venue in those courts and waives any objection to that forum as inconvenient.

30. Additional Terms for United Kingdom Customers

This Section 30 applies when the Service is made available in the UK and you are established in the UK ("UK Customer"). If it conflicts with any other part of these Terms, this Section 30 controls for UK Customers.

30.1 Business use confirmation

You confirm that you are acquiring the Service wholly for the purposes of your trade, business or profession and not as a consumer. You must provide your business name, business type and, where applicable, your Companies House number and VAT number at sign-up.

30.2 About us

The Service is provided by Cheetah Technologies LLC, a limited liability company organized under the laws of the State of Arizona, United States, based in Phoenix, Arizona, with its principal address at [[FILL: mailing address]]. Email: info@cheetahos.app. We do not have a UK establishment. [[FILL: UK representative under Article 27 UK GDPR, name and address, once appointed.]]

30.3 Ordering

You conclude a contract with us by completing the online checkout and giving the consents described in Section 6. You can review and correct your order details before you confirm the order. We will acknowledge your order by email. These Terms are available in English only and can be downloaded and stored from this page. To the extent permitted for business customers, the parties agree that regulations 9 and 11 of the Electronic Commerce (EC Directive) Regulations 2002 do not apply beyond what this Section describes.

30.4 Regulatory status

Cheetah Technologies is not authorised or regulated by the Financial Conduct Authority. We do not introduce, arrange, advise on, provide or collect credit, do not operate an electronic lending platform, do not provide credit references or credit information services, and do not communicate financial promotions on your behalf. You are responsible for holding every FCA permission your business requires, for complying with the FCA Handbook where it applies to you (including CONC and the Consumer Duty), for the financial promotion restriction in section 21 of the Financial Services and Markets Act 2000, and for the content of every communication you send. The investor and syndication module is not available to UK Customers until we confirm otherwise in writing [[FILL: confirm UK availability decision after UK counsel review]].

30.5 Outreach and data protection

You are responsible for complying with the UK GDPR, the Data Protection Act 2018 (as amended by the Data (Use and Access) Act 2025), the Privacy and Electronic Communications Regulations 2003, Ofcom's rules and policy on persistent misuse (including silent and abandoned calls) and caller line identification, and the Investigatory Powers (Interception by Businesses etc. for Monitoring and Record-keeping Purposes) Regulations 2018. The UK section of the Calling, Texting, Email and Recording Rules applies to you. Our processing of personal data on your behalf is governed by the DPA, including its UK international transfer terms.

30.6 Liability

Section 25.5 applies. The parties agree that the limitations in Section 25 are reasonable having regard to the fees, the availability of insurance, the parties' ability to protect their own data and systems, and the separate Data Cap for data protection breaches.

30.7 Governing law and arbitration for UK Customers

For UK Customers: (a) these Terms and any Dispute are governed by [[FILL: counsel to choose the law of Arizona or the law of England and Wales]]; (b) any Dispute will be finally resolved by arbitration under the [[FILL: counsel to choose LCIA Arbitration Rules, seat London, or ICDR International Arbitration Rules, seat Phoenix, Arizona]], by a sole arbitrator, in English; (c) the law governing this agreement to arbitrate is [[FILL: the law of the seat, stated expressly]], as permitted by section 6A of the Arbitration Act 1996; (d) Sections 28.1 (informal resolution), 28.6(b) (injunctive relief), 28.7 (to the extent permitted by the law of the seat) and 28.9 (opt out) apply; and (e) nothing prevents either party from seeking interim or injunctive relief from a court of competent jurisdiction.

30.8 VAT

Fees are exclusive of VAT. Where you give us a valid UK VAT number and the supply is to your business, the reverse charge will apply and you must account for VAT to HMRC. Our invoices will state this where it applies.

30.9 Complaints

You may send any complaint about the Service or about how we handle personal data to info@cheetahos.app. We will acknowledge complaints about personal data within 30 days and respond as quickly as possible.

31. Accessibility

We aim to make the Service usable by people with disabilities and describe our current status and how to request help in our Accessibility Statement. You may report accessibility barriers to info@cheetahos.app.

32. Export Controls and Sanctions

32.1 Sanctions

You represent and warrant that neither you, nor any User, nor any person that owns or controls you, is (a) identified on, or owned or controlled by anyone identified on, any U.S. government restricted party list (including the Specially Designated Nationals and Blocked Persons List maintained by the U.S. Treasury's Office of Foreign Assets Control), or any UK, United Nations or other applicable sanctions list; or (b) located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive U.S. sanctions, which currently include Cuba, Iran, North Korea, and the Crimea region and the so-called Donetsk People's Republic and Luhansk People's Republic regions of Ukraine [[FILL: counsel to confirm the current list at launch]].

32.2 Export controls

You will not access, use, export, re-export or transfer the Service, or permit any User to do so, in violation of U.S. export control laws (including the Export Administration Regulations), sanctions laws, or the export laws of any other country that apply. You will not allow anyone to access the Service from a comprehensively sanctioned country or region, including through a VPN or other means of hiding location. You are responsible for any User located outside the United States or the UK, including offshore staff or call centers.

32.3 Our rights

We may screen customers and Users against restricted party lists, block access from restricted locations, and suspend or terminate any account immediately if we believe this Section has been breached, without refund where the law prohibits one.

33. Changes to These Terms

33.1 Notice and prospective effect

We may update these Terms from time to time. For any material change, we will give at least 30 days' advance notice by email to your administrators and by notice in the Service, stating the effective date. Changes apply only from their effective date and only going forward. They will not apply retroactively and will not change the terms of any Dispute that arose, or of which either party had written notice, before the effective date. Section 28.11 governs changes to the arbitration agreement.

33.2 Your choice

If you do not agree to a material change, you may cancel before it takes effect, and we will refund prepaid fees for the unused part of your term. For material changes to pricing terms or to Section 28, we may ask you to accept the change by clicking through; if you do not, the change will not apply to you until your next renewal, and you may cancel before then.

33.3 Other changes

Changes that are not material, such as clarifications, corrections, updates to contact details, or changes required by law on a shorter timeline, take effect when posted. Where a change is required by law, we will give as much notice as the law allows.

33.4 Data use

We will never expand how we use Customer Data (for example, to begin training AI models on it) through a change to these Terms. Any such change requires your separate, express opt-in consent under Section 7.4.

34. General Terms

34.1 Notices

We may give you notices by email to your administrators or billing contact, or by notice in the Service. Email notices are effective when sent unless we receive a delivery failure. You may give us notices by email to info@cheetahos.app, and legal notices (including Dispute Notices) must also be sent to our mailing address in the Contact section below. Notices to us are effective on receipt.

34.2 Electronic communications and signatures

You consent to receive all agreements, notices, disclosures, invoices and other communications from us electronically, and you agree that they satisfy any requirement that they be in writing. You agree that your click to accept these Terms, an Order or any change is your electronic signature and has the same effect as a handwritten signature under the E-SIGN Act and applicable state law. You must maintain a working email address and the ability to access and retain electronic records (a current web browser and a PDF reader). You may print or download these Terms at any time. You may withdraw this consent only by closing your account.

34.3 Force majeure

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, labor disputes (other than of its own workforce), government action, failures of the internet, utilities, carriers or other third-party providers, and cyberattacks that could not have been prevented by reasonable security measures. The affected party must use reasonable efforts to resume performance. This Section does not excuse payment obligations or our obligations under Sections 7 and 8 with respect to safeguarding Customer Data. If a force majeure event prevents the Service from being provided for more than 30 consecutive days, either party may terminate the affected subscription, and we will refund prepaid fees for the unused term.

34.4 Entire agreement and order of precedence

The documents listed in Section 1.4 are the entire agreement between you and us about the Service and supersede all prior and contemporaneous agreements, proposals and representations on that subject. If they conflict, the following order of precedence applies, from highest to lowest: (1) an Order, but only for the specific commercial terms of that Order, and only if it expressly identifies the provision of these Terms it changes; (2) the DPA, for matters concerning the processing of personal data; (3) these Terms; (4) the Use Policies; and (5) other policies and pages referenced in these Terms. No Order may reduce your obligations under the Use Policies unless it is signed by an authorized officer of Cheetah Technologies and expressly states that it does so. Terms in any purchase order or other document you issue do not apply, even if we accept or sign it.

34.5 Assignment

You may not assign or transfer these Terms without our prior written consent, except to a successor in a merger, acquisition or sale of all or substantially all of your assets that assumes these Terms in writing and is not our competitor or a person described in Section 32.1, with notice to us. We may assign these Terms to an affiliate or to a successor in a merger, acquisition or sale of all or substantially all of our assets or of the business line that includes the Service, with notice to you. Any other attempted assignment is void.

34.6 Relationship of the parties

The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, fiduciary or employment relationship. We are not your agent for any purpose, including for communications you send through the Service.

34.7 No third-party beneficiaries

There are no third-party beneficiaries of these Terms, except that the Cheetah Parties may enforce Section 26.1.

34.8 Severability and waiver

If any provision of these Terms is held unenforceable, it will be enforced to the maximum extent permitted and modified to the minimum extent necessary, and the remaining provisions remain in full effect, except as Section 28.10 provides for Section 28. A failure or delay in enforcing any provision is not a waiver of it.

34.9 Interpretation

Headings are for convenience only. "Including" means "including without limitation". "Days" means calendar days unless stated otherwise. These Terms are written in English, and any translation is for convenience only.

34.10 U.S. government users

The Service is commercial computer software and related documentation. Government users acquire only the rights granted to all customers under these Terms.

34.11 Parental control notice

Under 47 U.S.C. 230(d), we notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may help limit access to material that is harmful to minors. Information about current providers of these protections is available from many online sources. The Service is intended only for business users aged 18 or older.

34.12 Counterparts

An Order may be signed in counterparts and electronically, and each counterpart is an original.

Contact

• Cheetah Technologies LLC
• Email: info@cheetahos.app
• Mailing address: [[FILL: mailing address]]
• Website: cheetahos.app

Questions about these Terms, billing, cancellation, copyright notices, or legal notices can be sent to info@cheetahos.app. Legal notices and Dispute Notices must also be sent by mail to the address above.