# Thesys Terms of Use

These Terms of Use (“Agreement” or “Terms of Use”) are a legally binding agreement between you (the “User,” “you,” or “your”) and Thesys Inc. and its affiliates...

Your use of our Website shall constitute your acceptance of this Agreement and to all of the terms and conditions stated under this Agreement and our Privacy Policy referenced herein.

**PLEASE READ THE TERMS CONTAINED IN THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.**

## INTRODUCTION TO THESYS AND OUR WEBSITE

Thesys is in the business of providing a software-as-a-service design suite, that aims to power dynamic hyper-contextual experiences, provides surface insights into user behavior and usage patterns, and co-pilots faster iterations and enhances code generation.

## TERRITORIAL RESTRICTION

Our Website is only available for use and access outside the European Union. Our Website is not available for use or download by residents of, visitors to, or your employees who reside in the European Union (collectively a "European"). If you are a European, please do not download, register, access and/or use our Website.

## PRIVACY POLICY

Our Privacy Policy describes how we handle the personal and business information you provide to us when you register for our Website. You understand that through your use of our Website, you consent to the collection and use (as set forth in the Privacy Policy) of this information.

## ELIGIBILITY & ACCESS RESTRICTIONS

To be eligible to use our Website, you must meet the following criteria and represent and warrant that you:  
(a) are 18 years of age or older;  
(b) are not our competitor;  
(c) have full power and authority to enter into this Agreement.

## SERVICE LICENSE

Subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive license to access and use our Website.

## REQUIRED CONDUCT AND PROHIBITED CONDUCT

As a condition to access our Website, you agree to this Agreement and to strictly observe the following:

### Required Conduct
- Comply with all applicable laws;  
- Provide accurate information to Company;  
- Review our Privacy Policy.

### Prohibited Conduct
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell;  
- Reverse engineer our technology;  
- Utilize information or data from our Website to provide a competitive service.

## INDEMNIFICATION

You agree to indemnify, defend, and hold Company harmless from and against any and all costs, liabilities, losses and expenses resulting from any claim arising from your breach of this Agreement.

## DISCLAIMERS

Your access to and use of our Website are at your own risk. We disclaim all warranties and conditions to the maximum extent permitted under applicable law.

## LIMITATION OF LIABILITY

In no event will Thesys be liable to you for any indirect, incidental, special or consequential damages.

## TERMINATION

You may terminate this Agreement by ceasing access to our Website. We reserve the right to suspend or terminate your account for violations of this Agreement.

## COPYRIGHT INFRINGEMENT/DMCA NOTICE

If you believe that any content on our Website violates your copyright, you may send a DMCA Takedown Notice.

## ANTI-BRIBERY AND EXPORT COMPLIANCE

You agree not to promote our Website in violation of any laws.

## MODIFICATIONS

We will post any changes to these Terms of Use and will send you an email describing any significant changes.

## GOVERNING LAW

This Agreement shall be governed by the law of the State of Delaware.

## DISPUTE RESOLUTION AND ARBITRATION

**Please read the following section carefully.**

You and Company agree to arbitrate disputes through binding arbitration and waive any rights to a jury trial.

### No Class Actions

Disputes will be resolved solely through individual arbitration and will not proceed as class actions.

### Process

You and Company agree to notify each other in writing of any disputes within thirty (30) days and attempt to resolve them informally.

### Rules of AAA

The AAA Rules are available at [https://www.adr.org/Rules](https://www.adr.org/Rules).

## MISCELLANEOUS

This Agreement along with our Privacy Policy constitutes the entire agreement between you and Company.