AirCode by JetBridge Software
Terms of Service
Last updated: August 2, 2026
Who we are. AirCode is a "vibe coding" platform built by the engineers at JetBridge Software, which also operates a marketplace for elite developers. For paid customers using Private Inference Mode, we make commercially reasonable efforts to protect customer intellectual property (see Sections 7.1 and 7.4), and we aim to provide an end-to-end application launch platform that includes both AI and humans.
PLEASE READ THESE TERMS CAREFULLY. THEY GOVERN YOUR USE OF AIRCODE AND RELATED SERVICES, INCLUDE A BINDING ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER, LIMIT JETBRIDGE'S LIABILITY, AND REQUIRE YOU TO ASSUME RESPONSIBILITY FOR THE COMPLIANCE, SECURITY, DEPLOYMENT, AND PROTECTION OF ANY APPLICATION AND INTELLECTUAL PROPERTY YOU BUILD, DEPLOY, OR DISCLOSE USING THE SERVICES.
AIRCODE IS A GENERAL-PURPOSE, AI-ASSISTED DEVELOPMENT ENVIRONMENT USED ACROSS MANY INDUSTRIES. IT IS NOT, BY ITSELF, A HIPAA-, PCI-, OR OTHERWISE-COMPLIANT SYSTEM FOR ANY PARTICULAR REGULATORY FRAMEWORK. YOU MAY NOT INPUT, STORE, OR TRANSMIT PROTECTED HEALTH INFORMATION OR REAL PATIENT DATA UNLESS YOU HAVE AN EXECUTED BUSINESS ASSOCIATE AGREEMENT WITH JETBRIDGE; FOR HEALTHCARE DEVELOPMENT WITHOUT A BAA, USE SYNTHETIC OR DE-IDENTIFIED DATA ONLY. ADDITIONAL CATEGORIES OF RESTRICTED DATA ARE PROHIBITED AS SET FORTH IN SECTION 5.
1. Agreement to These Terms
These Terms of Service (the "Terms") form a legally binding agreement between JetBridge Software Inc., a Delaware corporation with its principal place of business in the State of Florida ("JetBridge", "we", "us", or "our"), and the individual or legal entity using or accessing the Services (defined below) ("Customer", "you", or "your"). The Terms govern your access to and use of the AirCode platform located at https://aircode.build, https://aircode.jetbridge.com, https://aircode.host, and https://jetbridge.com (together with any related or successor domains operated by JetBridge), including the AI-assisted vibe-coding development environment, sandbox environments, prebuilt code components, integrations, prebuilt synthetic data sets, AI-generated outputs, the JetBridge Engineer Marketplace (through which Customer may engage senior software engineers and fractional Chief Technology Officers and other technical professionals as further described in Section 11), the invite-only Marketplace directory of independent compliance consultants — fractional Compliance Officers and fractional Security Officers (through which Customer may discover and directly engage such professionals as further described in Section 11.8), and all related software, websites, mobile or desktop applications, professional services, content, and documentation made available by JetBridge from time to time (collectively, the "Services").
How you accept these Terms. You accept these Terms by (a) clicking a button or checking a box indicating acceptance, (b) executing an order form, statement of work, or written agreement that incorporates these Terms by reference, or (c) accessing or using any part of the Services. If you do not agree, you must not access or use the Services. If you accept on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity, in which case "Customer" refers to that entity.
Order of precedence. In the event of conflict among the components of the Agreement, the order of precedence is: (1) any executed Business Associate Agreement (solely as to PHI), (2) any executed master services agreement, enterprise order form, or Statement of Work, (3) any executed Data Processing Addendum ("DPA"), (4) these Terms, and (5) any other policies referenced herein.
2. Definitions
- "Agreement" means these Terms together with any order form, statement of work, addendum, or written agreement signed by the parties that incorporates these Terms.
- "BAA" means a Business Associate Agreement entered into between Customer and JetBridge that is signed by an authorized representative of each party.
- "Customer Application" means any software application, codebase, or other product that Customer or its representatives develop, build, deploy, or operate using the Services.
- "Customer Data" means data, content, code, prompts, files, documents, configuration, instructions, and other information that Customer or its Authorized Users submit to or generate within the Services, excluding JetBridge IP and Outputs to the extent JetBridge owns the underlying components.
- "Documentation" means the user guides, developer documentation, and policies made available by JetBridge for the Services.
- "Engineer Services" means any professional, development, security, audit, or other services performed by, through, or coordinated by JetBridge via JetBridge's vetted network of senior software engineers ("Engineers") through the Engineer Marketplace. Engineer Services may be structured as Outsourced Services or Outstaffed Services, or purchased as Tech Support Services in prepaid developer-hour blocks, as set forth in Sections 11.1–11.7. Engineer Services include engagements of fractional Chief Technology Officers and other technical or engineering-leadership professionals, which are subject to the fees and covenants of Sections 11.1–11.7 and 11.9 (including Section 11.6). By contrast, engagements of independent compliance-focused professionals — fractional Compliance Officers, fractional Security Officers, and similar compliance professionals (each, a "Fractional Compliance Consultant") — are NOT Engineer Services and are governed by Section 11.8 of these Terms and, where a BAA is executed, the applicable provisions of that BAA. JetBridge provides only an invite-only directory through which Customer may discover Fractional Compliance Consultants; JetBridge is not a marketplace facilitator, broker, or financial intermediary for Fractional Compliance Consultant engagements, and the Engineer Marketplace covenants in Section 11.6 do not apply to Fractional Compliance Consultant engagements.
- "Inputs" means prompts, instructions, code, data, files, and other inputs that Customer or its Authorized Users (as defined in Section 3) provide to the Platform or the Services.
- "Marketplace" means, collectively, the JetBridge Engineer Marketplace described in Section 11 and the Directory described in Section 11.8.
- "Outputs" means the AI-generated code, scaffolding, components, suggestions, completions, configuration, documentation, and other outputs returned to Customer in response to Inputs.
- "Platform" means AirCode, including the development environment, AI assistance, sandbox, prebuilt code components and integrations, synthetic data sets, and supporting infrastructure available at aircode.build, aircode.jetbridge.com, aircode.host, and jetbridge.com.
- "PHI" means "Protected Health Information" as defined under HIPAA.
- "Private Inference Mode" means the optional processing mode described in Section 7.4, available to Customers on paid Subscription Plans, in which Inputs and Outputs are processed only on open-weight AI models running on infrastructure under JetBridge's control.
- "Restricted Data" means the categories of data described in Section 5.1.
- "Self-Hosted Deployment" means an arrangement, offered at JetBridge's discretion under a separate enterprise agreement, in which Customer hosts or runs JetBridge's AI harness, models, or other Platform components within Customer's own environment, infrastructure, or devices.
- "Statement of Work" or "SOW" means a written document signed or accepted by both parties that describes a specific Engineer Services engagement, including the scope, deliverables, fees, schedule, structure (Outsourced or Outstaffed), and any project-specific terms.
- "Subscription Plan" means the tier, package, or plan to which Customer subscribes (including any Free Trial and paid tiers), as published at https://aircode.build/pricing and as may be modified by JetBridge. "Free Trial" means the usage-limited free trial described in Section 4.3.
- "Synthetic Data" means data sets generated, seeded, or licensed by JetBridge (such as Synthea-derived synthetic patient data) or by Customer that do not relate to any identifiable individual.
3. Eligibility, Accounts, and Authorized Users
You must be at least 18 years of age and capable of forming a legally binding contract to use the Services. The Services are intended for business and professional use; consumer or personal use is permitted only as expressly contemplated by these Terms.
You are responsible for: (a) ensuring that the information provided in connection with your account is accurate and current; (b) safeguarding your credentials, API keys, tokens, and other authentication factors; (c) all activity that occurs under your account, regardless of whether authorized; and (d) the acts and omissions of any employees, contractors, agents, or other persons who access or use the Services through your account or with your credentials ("Authorized Users"). Authorized Users must comply with these Terms, and you are responsible for their compliance.
JetBridge may, at its sole discretion, refuse, suspend, or terminate any account, registration, or access where it reasonably believes that the user has violated these Terms, applicable law, or has created risk of harm to the Services or other users.
4. Description of Services
4.1 The Platform
The Platform is a general-purpose, AI-assisted "vibe-coding" software development environment used by customers across a wide range of industries and verticals (including, without limitation, technology, e-commerce and retail, financial services, media and entertainment, education, professional services, and healthcare). The Platform may include, without limitation, AI-driven code generation; prebuilt UI components and patterns for a variety of use cases (such as web and mobile application scaffolding, authentication and access-control scaffolding, data and API integrations, e-commerce and payments patterns, and accessibility primitives); prebuilt or seeded synthetic data sets; sandbox environments; and integrations to third-party data sources or systems. For customers building in regulated or healthcare settings, the Platform may also offer healthcare-oriented components (such as ICD-10 billing scaffolding, FHIR/HL7 components, audit and access-control scaffolding, and e-signature and consent-capture patterns).
Prebuilt components are starting points, not finished compliance. Customer expressly acknowledges that the Platform's prebuilt code, integrations, components, scaffolding, and security or compliance primitives (e.g., RBAC scaffolding, encryption defaults, audit-log scaffolding, accessibility scaffolding, payments and billing scaffolding, and, for healthcare use cases, FHIR components, ICD-10 billing scaffolding, and breach playbook templates) are starting points intended to accelerate development. They are not a turnkey compliant solution for any law, standard, or regulatory framework (including HIPAA, HITRUST, SOC 2, PCI-DSS, GDPR, or similar), are not a substitute for security review, compliance assessment, validation, or certification, and do not guarantee that any Customer Application is secure, compliant, fit for production, suitable for handling regulated, payment, health, or other sensitive data, or ready for public-facing or commercial use.
4.2 Engineer Services
JetBridge offers Engineer Services to assist Customer in completing, securing, auditing, and productionizing Customer Applications. Engineer Services are governed by Section 11 and the applicable SOW. Customer is not required to use Engineer Services and may engage its own engineering personnel; however, Customer remains solely responsible for the security, compliance, and quality of any Customer Application.
4.3 Free Trial and Subscription Plans
JetBridge currently offers a usage-limited free trial (the "Free Trial"), which ends when Customer reaches the applicable usage limits, after which continued use of Credit-consuming features requires a paid Subscription Plan. The Free Trial does not convert automatically to a paid plan, and no payment method is charged unless Customer affirmatively subscribes. Subscription Plans, fees, included usage, credit allowances, rate limits, feature availability, Free Trial usage limits, and restrictions are described at https://aircode.build/pricing and may be updated by JetBridge from time to time. Pricing changes will not retroactively affect fees previously paid for a then-current paid term but may take effect at any subsequent renewal or for any new usage. JetBridge may add, remove, change, or discontinue Subscription Plans, features, integrations, or capabilities at any time, including changes to Free Trial availability and usage limits.
4.4 Beta, Preview, and Experimental Features
JetBridge may make beta, preview, alpha, experimental, or evaluation features available (collectively, "Beta Features"). Beta Features are provided "as is" and "as available," may be modified or withdrawn at any time, are not subject to service-level commitments, and may not be supported. JetBridge's liability with respect to Beta Features is limited as set forth in Section 17, and any obligations to provide Engineer Services, BAAs, or production-grade support do not apply to Beta Features.
4.5 Self-Hosted and Customer-Managed Deployments (Enterprise)
JetBridge may, at its discretion and under a separate enterprise arrangement, offer Customer the option to operate a Self-Hosted Deployment — that is, to host or run JetBridge's AI harness, models, or other Platform components within Customer's own environment, infrastructure, or devices. A Self-Hosted Deployment is operated and controlled by Customer. Customer is solely responsible for the provisioning, security, configuration, access controls, patching, monitoring, and lawful operation of any Self-Hosted Deployment, and for the confidentiality of any Inputs, Outputs, data, and intellectual property processed within it. JetBridge does not operate, control, monitor, or have visibility into a Self-Hosted Deployment and, notwithstanding anything to the contrary in these Terms, makes no representation, warranty, or guarantee regarding the security, availability, compliance, or confidentiality of, or the protection of intellectual property within, any Self-Hosted Deployment. Customer acknowledges that many risks in a Self-Hosted Deployment arise from Customer's configuration, personnel, user error, or Customer choices, all of which are outside JetBridge's control, and that JetBridge cannot guarantee intellectual-property confidentiality in any Self-Hosted Deployment.
4.6 Data Products (Investor and Other Databases)
JetBridge may offer Customers on paid Subscription Plans access to curated databases and data sets that may be useful to startup founders — for example, databases of investors, accelerators, partners, service providers, and similar directories (collectively, "Data Products") — for use in Customer's own recruiting, fundraising, and sales and marketing efforts. Data Products are offered on a consumption basis: accessing, searching, unlocking, viewing, exporting, or enriching Data Product records consumes Credits (as defined in Section 13.6) at the consumption rates displayed in the applicable Subscription Plan, checkout flow, or Documentation. Credits are consumed upon access, whether or not any particular record proves useful, accurate, or responsive to Customer's needs.
Data Products are provided "as is" and for convenience only. Records may be incomplete, outdated, or inaccurate; JetBridge does not verify and does not warrant the accuracy, currency, or completeness of any Data Product record, and does not represent or warrant that any investor or other person or entity listed in a Data Product will respond to, meet with, work with, or invest in Customer. Customer may use Data Products solely for Customer's own recruiting, fundraising, and sales and marketing purposes and similar internal business purposes. Customer will not resell, sublicense, redistribute, republish, scrape, crawl, or bulk-export any Data Product, and will not use any Data Product to build, train, augment, or seed a competing database or data service. Customer is solely responsible for its use of Data Product records, including compliance with applicable anti-spam, telemarketing, privacy, and data-protection laws (such as CAN-SPAM, the TCPA, and, where applicable, the GDPR) when contacting any person or entity listed in a Data Product, and Customer will indemnify the JetBridge Parties for claims arising from such use as set forth in Section 16.
5. Acceptable Use and Data Restrictions
5.1 Restricted Data
Customer will not, and will not permit any Authorized User or third party to, upload, input, submit, transmit, store, or otherwise process through the Services — whether in files, prompts, connected data sources, or Customer Applications built or run on the Services — any of the following ("Restricted Data"):
(a) PHI or real patient data, or other individually identifiable health information, absent a fully executed BAA with JetBridge that is then in effect (see Section 9);
(b) cardholder data or sensitive authentication data as defined in the PCI Data Security Standard, including any payment card primary account number;
(c) government-issued identification numbers, including Social Security numbers, driver's license numbers, passport numbers, and non-U.S. equivalents;
(d) passwords, access credentials, API keys, or authentication secrets belonging to any third party. Credentials required for the operation of Customer's own applications must be stored using the secrets-management features of the Services and must not be placed in files, prompts, or source code;
(e) personal information of children under the age of 13, or under the applicable age of digital consent in the relevant jurisdiction, or any content directed to children as contemplated by the Children's Online Privacy Protection Act (COPPA);
(f) biometric identifiers or genetic data used to identify a natural person; and
(g) any other data whose processing by JetBridge would subject JetBridge to a regulatory regime requiring a contractual undertaking JetBridge has not expressly executed with Customer,
in each case except to the limited extent expressly permitted in writing by JetBridge (including under an executed BAA as to PHI, or an enterprise agreement containing an express written exception).
5.2 Permitted Data; Customer Responsibility as Controller
For clarity, Restricted Data does not include Customer's source code, software models, strategies, research, business records, financial data that does not contain the identifiers listed in Section 5.1, or ordinary personal data (such as names and contact details) processed by Customer Applications. The Services are designed for that content. Customer may process such ordinary personal data only in compliance with applicable privacy law, as controller, processor, or the equivalent as applicable to Customer's role, and, where applicable, under an executed Data Processing Addendum (Section 10). JetBridge is not responsible for Customer's compliance obligations with respect to data that Customer Applications collect from their end users.
5.3 General Use Restrictions
Customer will not, and will not permit any Authorized User or third party to, do any of the following:
- use the Services in violation of any applicable law, regulation, third-party right, or these Terms;
- use the Services to develop or operate any application that touches PHI, billing data, payments, or that is public-facing, commercial, or operational, without first having that application reviewed, completed, secured, and validated by Engineer Services or by qualified engineering personnel, as further described in Section 8;
- reverse engineer, decompile, disassemble, copy (except as permitted by law), or attempt to derive the source code, models, weights, architecture, or trade secrets of the Services;
- use the Services to train, fine-tune, evaluate, or otherwise develop a competing AI model, foundation model, or AI-assisted development product;
- circumvent or attempt to circumvent any access, rate-limit, security, or usage controls of the Services;
- introduce viruses, malware, ransomware, or other malicious code into the Services;
- use the Services to send unsolicited communications, conduct phishing, perform credential stuffing or scraping (other than as expressly permitted by Documentation), or otherwise abuse third parties;
- use the Services in connection with applications or systems where failure could reasonably be expected to result in personal injury, severe environmental damage, or in any "high-risk" use such as life-support, medical-device control, autonomous safety-critical control, weapons systems, nuclear facilities, or air-traffic control, except where Customer has procured Engineer Services to validate fitness for that use and JetBridge has expressly approved such use in writing;
- use the Services to make decisions that produce legal or similarly significant effects on individuals without appropriate human review and applicable legal compliance;
- share, resell, sublicense, lease, or otherwise make the Services available to third parties except as expressly authorized; or
- remove, obscure, or alter any proprietary notices on the Services or Documentation.
5.4 Prohibited Content and Applications
Customer will not use the Services to create, host, distribute, or operate:
(a) sexually explicit material;
(b) content or applications that are unlawful under applicable federal, state, or local law of the United States or of the jurisdiction in which Customer or its end users are located, including content that exploits or endangers minors, facilitates fraud, or infringes the intellectual-property or privacy rights of others;
(c) gambling or wagering applications, whether or not lawful in Customer's jurisdiction;
(d) video games; or
(e) applications whose primary purpose is harassment of, or incitement of violence against, any person or group.
Customer assumes sole responsibility for, and will indemnify the JetBridge Parties as set forth in Section 16 against, penalties and liabilities arising from Customer's violation of this Section 5.4. JetBridge may suspend or terminate accounts that violate this Section 5.4 in accordance with Section 14; for material violations involving unlawful content, content that exploits or endangers minors, or imminent harm, JetBridge may suspend or terminate immediately and without prior notice.
5.5 Regulated Workloads; Pathways to Compliance
The Services are not designed to store or process Restricted Data, and no feature of the Services modifies Section 5.1 by itself. If Customer's intended application requires processing Restricted Data, Customer's options are:
(a) for PHI, an executed BAA with JetBridge, offered solely to enterprise-tier Customers in JetBridge's sole discretion as described in Section 9;
(b) an enterprise agreement containing an express written exception with additional terms; and/or
(c) engaging compliance and development professionals — including Engineers through the Engineer Marketplace (Section 11.1) or Fractional Compliance Consultants discovered through the Directory (Section 11.8) — to design an architecture in which Restricted Data is stored and processed outside the Services or, where permitted under an executed BAA or written exception, is handled in accordance with its terms.
Engagement of any Engineer or Fractional Compliance Consultant does not, by itself, modify Section 5.1 or authorize the submission of Restricted Data. Engineers and Fractional Compliance Consultants are independent of JetBridge as described in Section 11, and JetBridge is not responsible for their advice or deliverables.
5.6 Monitoring, Detection, and Enforcement
JetBridge does not assume any obligation to monitor, inspect, or scan Customer Data, Inputs, or Customer Applications for Restricted Data or for compliance with this Section 5. JetBridge reserves the right, but not the duty, to monitor the Services for compliance with these Terms and to detect, quarantine, or delete content that JetBridge reasonably believes violates this Section 5, and to suspend or limit access to affected workspaces or accounts, at any time. Where practicable, JetBridge will notify Customer's account administrator; JetBridge may act without prior notice where it reasonably believes immediate action is required. Removal, quarantine, or suspension under this Section is not a service failure and does not entitle Customer to any credit or refund. For content processed in Private Inference Mode, human review under this Section is conducted in accordance with Section 7.4(c). Customer will cooperate with reasonable JetBridge investigations.
If Customer becomes aware that Restricted Data has entered the Services in violation of this Section 5, Customer must notify JetBridge without undue delay at support@jetbridge.com and cooperate with JetBridge to delete it.
5.7 Responsibility for Restricted Data
Customer assumes sole responsibility and liability for any Restricted Data submitted to the Services in breach of this Section 5 by Customer or its Authorized Users, and will indemnify the JetBridge Parties for related Losses as set forth in Section 16. This obligation survives termination. Section 9 sets forth additional acknowledgments applicable to PHI submitted without an executed BAA.
6. Intellectual Property
6.1 JetBridge IP
As between the parties, JetBridge owns and retains all right, title, and interest, including all intellectual property rights, in and to the Services, the Platform, the Documentation, JetBridge's prebuilt code components and templates, integrations, sandbox environments, Synthetic Data sets seeded or licensed by JetBridge, the AI models and weights used to power the Platform, telemetry, analytics, and any improvements, derivatives, modifications, and configurations thereof (collectively, "JetBridge IP"). Subject to these Terms and Customer's timely payment of fees, JetBridge grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license, during the term, to access and use the Services solely for Customer's internal business purposes.
6.2 Customer Data and Inputs
As between the parties, Customer retains all right, title, and interest in and to Customer Data and Inputs, subject to JetBridge's rights under these Terms. Customer grants JetBridge and its subprocessors a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, modify, create derivatives from, and otherwise process Customer Data and Inputs as necessary to provide, secure, monitor, support, and improve the Services, and as further permitted by Section 7 (including the training license in Section 7.1).
6.3 Outputs
Subject to Customer's compliance with these Terms and payment of applicable fees, JetBridge assigns to Customer all of JetBridge's right, title, and interest, if any, in and to the specific Outputs generated for Customer in response to Customer's Inputs, except for any pre-existing JetBridge IP, prebuilt components, templates, or third-party materials embedded in or referenced by such Outputs, which remain subject to their applicable licenses. Customer acknowledges that (a) AI models may produce similar or identical Outputs in response to similar Inputs by other users; (b) JetBridge does not represent or warrant that Outputs are unique to Customer; (c) Customer is solely responsible for reviewing, testing, validating, and verifying any Output before relying on, deploying, distributing, or otherwise using it; and (d) Outputs may include code or content that is incorrect, insecure, non-compliant, or that infringes third-party rights.
6.4 Feedback
If Customer or any Authorized User provides JetBridge with feedback, suggestions, evaluations, ideas, or proposed improvements relating to the Services (collectively, "Feedback"), JetBridge may use such Feedback for any purpose without restriction or compensation. Customer hereby grants JetBridge a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, transferable license to use, modify, and otherwise exploit Feedback.
7. Customer Intellectual Property, AI Training, Telemetry, and Service Improvement
7.1 AI Training License; Protection of Customer IP in Private Inference Mode
Training license (all accounts, default). Except for content processed in Private Inference Mode (Section 7.4) and subject always to Section 7.2 (PHI), Customer grants JetBridge a worldwide, royalty-free license to use Customer Data, Inputs, and Outputs — including prompts, instructions, code, designs, and files — to develop, train, fine-tune, evaluate, and improve JetBridge's AI models and the Services. This license applies during the Free Trial and on paid Subscription Plans alike. Before using such content for model training, JetBridge applies filtering designed to exclude content matching Restricted Data patterns (Section 5.1) and excludes content Customer has deleted from future training corpora; filtering is not guaranteed to be complete, and Customer remains responsible for complying with Section 5. Customer must not submit any content that Customer is unwilling to license for such use except in Private Inference Mode.
Private Inference Mode commitment. For content processed while Private Inference Mode is enabled on Customer's paid account in good standing: (i) JetBridge does not use the substantive content of Customer's Inputs or Outputs to train, fine-tune, or develop AI models (see Section 7.4(b)); and (ii) more broadly, JetBridge uses commercially reasonable efforts not to use the substantive content of such Inputs or Outputs — including prompts, instructions, source code, designs, schemas, data models, and product or business concepts — in any manner intended or reasonably likely to enable JetBridge, other customers, or third parties to reproduce, recreate, or reverse-engineer Customer's applications, ideas, designs, or other intellectual property.
This is an efforts-based commitment and not a representation, warranty, or guarantee. Because of the inherent nature of software, machine learning, the internet, and — most significantly — Customer's own choices about what to build, submit, publish, and deploy, JetBridge cannot and does not guarantee that Customer's ideas, intellectual property, or applications will remain confidential, unique, or incapable of being independently developed or replicated by others. Without limiting the disclaimers in Section 15 or the limitations of liability in Section 17, the commitment in this Section 7.1 is subject to the following:
(a) Mode-based scope; prospective effect. The Private Inference Mode commitment applies only to content processed while Private Inference Mode is enabled and Customer's paid account is active and in good standing. Content processed at any time when Private Inference Mode is not enabled — including during the Free Trial or any other unpaid, evaluation, or Beta access, and on paid accounts before Private Inference Mode is enabled or while it is disabled — is subject to the training license above. Enabling Private Inference Mode operates prospectively only: it does not withdraw the training license as to content already processed, and JetBridge is not obligated to remove previously processed content from models or training corpora, except that deleted content is excluded from future training corpora as stated above.
(b) Customer publication, showcase, and disclosure. The commitment does not apply to, and JetBridge has no responsibility for, any Inputs, Outputs, applications, product concepts, or other materials that Customer or its Authorized Users choose to publish, deploy publicly, distribute, share, showcase, submit, or otherwise disclose. This includes publishing, listing, or demonstrating an application on AirCode, the Marketplace, a project showcase or gallery, or any public, third-party, or community site — including properties operated by JetBridge or AirCode. Such disclosures are made by Customer's own choice and, once made, place the disclosed ideas and intellectual property outside the protection of this Section. Customer is solely responsible for selecting appropriate privacy, visibility, and access-control settings before publishing or sharing.
(c) Operational and permitted uses. JetBridge may continue to process Inputs and Outputs to provide, operate, secure, and support the Services; to debug and resolve incidents Customer reports; to detect, investigate, and prevent abuse, fraud, security threats, or violations of these Terms; to comply with law; and to generate aggregated, anonymized, or de-identified analytics as described in Section 7.3.
(d) Opt-in; de-identified and aggregated data. The commitment does not restrict uses to which Customer expressly opts in, or the use of data that has been de-identified and aggregated such that it cannot reasonably be used to identify Customer or to reconstruct Customer's applications, product concepts, or intellectual property.
(e) Self-Hosted Deployments. Where Customer operates a Self-Hosted Deployment (as described in Section 4.5), the confidentiality and security of Inputs, Outputs, and Customer intellectual property depend entirely on Customer's environment, configuration, personnel, and controls. JetBridge does not operate or control a Self-Hosted Deployment, cannot monitor or guarantee its security, and disclaims responsibility for any intellectual-property exposure resulting from it, including exposure arising from Customer error, misconfiguration, or Customer's own choices.
(f) Legal requirements. JetBridge may retain, access, or disclose Inputs or Outputs where required by applicable law, regulation, legal process, or enforceable governmental request.
(g) Independent development; similar ideas; no inference of misappropriation. Customer acknowledges that software concepts, application ideas, features, and business models are frequently conceived independently and concurrently by many people in a digitally connected world, and that ideas — as distinct from specific protectable expressions, registered rights, or trade secrets properly maintained as secret — are generally not protectable as intellectual property under applicable law. The Services are used by many customers, some of whom may independently conceive, build, or release applications, features, or products that are similar or identical to Customer's, without any access to Customer's Inputs or Outputs; as noted in Section 6.3, AI models may also produce similar or identical Outputs in response to similar Inputs from different users. The existence of a similar or identical application, feature, product, or idea — whether built on the Services or elsewhere — is not, by itself, evidence that JetBridge, another customer, an Engineer, a Fractional Compliance Consultant, or any third party accessed, used, copied, or misappropriated Customer's Inputs, Outputs, or intellectual property, and Customer agrees not to assert any claim against JetBridge based solely on such similarity or independent development.
(h) Customer disclosures and Customer's duty to protect its own IP. Customer's ideas and intellectual property may be disclosed through many channels that JetBridge does not and cannot control, including where Customer or its Authorized Users publish, demo, pitch, discuss, or share them — publicly or privately, on or off the Services — including by using the publishing or showcase features of AirCode, posting to community or third-party sites, or disclosing them to Engineers, Fractional Compliance Consultants, or other professionals Customer speaks with or engages through the Marketplace or elsewhere. It is solely Customer's responsibility, with the advice of Customer's own legal counsel, to determine what protections its ideas and intellectual property require and to implement them — including non-disclosure agreements, confidentiality and intellectual-property assignment agreements, and registrable protections such as patents, trademarks, and copyrights — to obtain signatures on such agreements from the persons Customer discloses to (including any Engineer or Fractional Compliance Consultant Customer engages), and to enforce those agreements and rights. JetBridge is not a party to, and has no obligation to procure, monitor, or enforce, any such agreement, and JetBridge has no liability for any use, disclosure, or alleged misappropriation of Customer's ideas or intellectual property by any customer, Engineer, Fractional Compliance Consultant, or other third party.
Ultimate responsibility rests with Customer. Customer acknowledges and agrees that the protection of Customer's ideas, intellectual property, and applications ultimately rests with Customer — including Customer's decisions about what to submit to the Services, what to build, what to publish or deploy, to whom to grant access, what to disclose to whom (and under what contractual protections), and how to configure privacy and security controls. JetBridge's undertakings in this Section 7.1 are limited to commercially reasonable efforts with respect to content processed in Private Inference Mode on paid accounts in good standing, and are provided without any warranty or guarantee of result. Customer will not hold JetBridge responsible for any third party's alleged copying, use, or "theft" of Customer's ideas, except to the extent (if any) directly caused by JetBridge's breach of this Section 7.1.
7.2 No Training on PHI or Real Patient Data
JetBridge will not train, fine-tune, or evaluate AI models on PHI or real patient data, regardless of source or account tier. To the extent any such information is identified in Customer Data or Inputs, JetBridge will treat it in accordance with the BAA (if executed) or, in the absence of a BAA, will quarantine, isolate, or delete the information in accordance with JetBridge's incident-response procedures and these Terms.
7.3 Usage Data, Billing-System Data, and Synthetic Data
Subject to Sections 7.1 and 7.2, Customer acknowledges and agrees that JetBridge may collect, retain, analyze, and use the following data to operate, secure, evaluate, develop, train, fine-tune, and improve the Platform, the Engineer Services, and any other JetBridge product or service: (a) usage and telemetry data, meaning behavioral and operational metadata about how the Services are used — such as prompt frequency, length, timing, and category statistics ("prompt patterns"), feature usage, build, deployment, and error events, performance metrics, latency, and Credit consumption — which, for content processed in Private Inference Mode (Section 7.4), excludes the substantive content, sequence, or structure of Customer's Inputs and Outputs (such as the text of prompts, code, designs, schemas, UI/UX layouts, or feature specifications, or the ordered series of prompts and revisions by which Customer developed a Customer Application); (b) billing-system data and transactional metadata (excluding cardholder data); (c) Synthetic Data, including data sets seeded or licensed by JetBridge; (d) Engineer-engagement metadata (excluding the substance of Customer code or end-user data); and (e) aggregated, anonymized, or de-identified data derived from any of the foregoing or from Customer Data and Inputs, in each case in a form that cannot reasonably be used to identify Customer or to reconstruct Customer's applications, product concepts, or intellectual property.
No circumvention of Section 7.1. For the avoidance of doubt, nothing in this Section 7.3 permits JetBridge to use usage or telemetry data, or any other data described in this Section, in a manner that circumvents the Private Inference Mode commitment in Section 7.1. In particular, for content processed in Private Inference Mode, JetBridge will not use the substantive content, sequence, or structure of Customer's prompts, builds, or design iterations to train models in a manner intended or reasonably likely to enable other customers or third parties to reproduce, or more efficiently recreate, Customer's applications, UI/UX, designs, or feature sets.
7.4 Private Inference Mode (Paid Plans)
Customers on paid Subscription Plans may enable Private Inference Mode for a workspace or project, subject to plan availability. When Private Inference Mode is enabled:
(a) Processing location. Inputs, Outputs, and file contents submitted to the AI features of the Platform are processed only on open-weight AI models running on infrastructure under JetBridge's control, and are not transmitted to any third-party AI model provider. Other subprocessors (such as hosting, storage, and payment providers) are unchanged and are listed in the Privacy Policy or Documentation. If Private Inference Mode capacity is unavailable, affected requests will queue or return an error; they will not be rerouted to a third-party AI model provider.
(b) No training; no benchmark or reinforcement use. JetBridge will not use Inputs or Outputs processed in Private Inference Mode to train or fine-tune model weights, to construct reinforcement-learning datasets, or to build evaluation benchmarks. This commitment applies only to content processed while Private Inference Mode is enabled; content processed before Private Inference Mode is enabled, or while it is disabled, is subject to the training license in Section 7.1, and enabling Private Inference Mode does not remove previously processed content from models or training corpora.
(c) Permitted operational processing. In Private Inference Mode, JetBridge may: (i) retain Inputs in temporary inference logs for up to thirty (30) days for service operation and error diagnosis, after which they are deleted; (ii) generate product analytics from metadata only (such as timestamps, feature usage, token counts, and error codes), and not from the substantive content of Inputs or Outputs; (iii) permit a limited number of authorized personnel to review specific Inputs and Outputs solely to diagnose errors, investigate abuse or suspected violations of these Terms, or debug service failures, with such access logged, access-controlled, and time-limited; and (iv) use de-identified, aggregated telemetry that contains no substantive Customer content to improve retrieval, indexing, and service quality, consistent with Sections 7.1(d) and 7.3.
(d) Capability tradeoff. Customer acknowledges that open-weight models may produce lower-quality Outputs than third-party frontier models, and that Section 15 (including Section 15.2) applies fully to Outputs generated in Private Inference Mode.
(e) Organization control. Customer's organization administrators may enable, disable, or lock Private Inference Mode for the organization's workspaces and projects. Changes to Private Inference Mode settings are recorded in the organization's audit records where that feature is available on Customer's Subscription Plan.
(f) Scope. Private Inference Mode governs the AI model path only. It does not alter Section 5 (including the Restricted Data prohibitions), does not restrict outbound network activity initiated by Customer Applications (which is governed by the Platform's sandbox and egress controls and Customer's configuration), and does not apply to Self-Hosted Deployments (Section 4.5), the Free Trial, or Beta Features unless expressly stated.
8. Customer Responsibilities; Compliance, Security, and Deployment
Customer is solely responsible for the architecture, security, compliance, accuracy, legality, fitness, deployment, operation, monitoring, and use of any Customer Application, regardless of whether such application incorporates Outputs, prebuilt components, integrations, or other portions of the Services.
8.1 Pre-Production Use Only Without Engineer Services
No public-facing, commercial, billing-touching, or PHI-touching deployment without engineering completion and review. Without limiting the foregoing, Customer agrees not to deploy, expose, distribute, sell, or otherwise make available any Customer Application that (a) is public-facing, (b) is used in any commercial offering, (c) processes, transmits, or stores billing data, payment data, or financial-account information, or (d) processes, transmits, or stores PHI or other patient or end-user health information, in each case unless and until the Customer Application has been completed, reviewed, hardened, and validated either (i) by Engineer Services performed under a SOW or (ii) by qualified engineering personnel engaged directly by Customer outside the Services. JetBridge strongly recommends use of Engineer Services for these purposes; however, Customer is free to engage its own qualified engineering personnel and remains solely responsible for the outcome.
8.2 No Compliance Certification
JetBridge does not certify Customer Applications as HIPAA-compliant, HITRUST-certified, SOC 2-compliant, GDPR-compliant, PCI-DSS-compliant, or otherwise compliant with any law or standard. Engineer Services may include compliance-oriented assessments or scaffolding, but no Engineer Services constitute a legal opinion, an accounting opinion, an audit, an attestation, or a certification, and no Engineer Services warrant compliance, security, or fitness of Customer Applications. Customer should retain its own legal, regulatory, and compliance counsel.
8.3 Customer Data Hygiene
Customer represents and warrants that Customer Data and Inputs (a) do not include PHI absent an executed BAA, and do not include other Restricted Data except as expressly permitted under Section 5, (b) are submitted in compliance with applicable law and any third-party rights, (c) are accurate and lawfully obtained, and (d) are not the property of any third party that has not authorized Customer's use. Customer is responsible for backing up, exporting, and protecting Customer Data and Outputs.
8.4 Third-Party Intellectual Property; Confidentiality and Non-Compete Obligations
Customer is solely responsible for ensuring that its Customer Applications — including their names, branding, marketing, content, features, and code — and Customer's use of the Services, Inputs, and Outputs do not infringe, misappropriate, dilute, or otherwise violate any third party's trademark, trade dress, copyright, patent, trade-secret, publicity, or other intellectual-property or proprietary rights. Customer is likewise solely responsible for ensuring that its and its Authorized Users' use of the Services, and anything they build, disclose, or commercialize using the Services, does not breach any confidentiality agreement, non-disclosure agreement, non-compete, non-solicitation, invention-assignment, employment, or other contractual obligation that Customer or any Authorized User owes to any third party outside the AirCode and JetBridge platforms (including obligations owed to a current or former employer, client, or business partner). JetBridge does not and cannot screen Customer Applications, Inputs, or Outputs for third-party rights or for Customer's outside contractual obligations, performs no trademark or other clearance searches, and has no responsibility or liability for any such infringement, misappropriation, or breach by Customer or its Authorized Users. Customer will indemnify the JetBridge Parties for related claims as set forth in Section 16.
8.5 Acknowledgment of Security Risks; Election Not to Use Professional Services
Security risks of AI-assisted development. Customer acknowledges that software developed through AI-assisted ("vibe-coding") methods — particularly software built rapidly, by persons without professional software-engineering or security training, or without independent security review — can contain security vulnerabilities, and that Customer Applications may accordingly be susceptible to data breaches, cyberattacks, unauthorized access, credential leakage, injection and other exploit techniques, insecure configurations, insecure default settings, and insecure publishing or deployment practices (such as exposing secrets, debug endpoints, or unprotected databases). The Platform's sandbox, prebuilt components, and security primitives reduce some, but not all, of these risks, and no feature of the Services makes any Customer Application secure.
Professional services are available; the choice, and the risk, are Customer's. JetBridge makes available Engineer Services (Section 11), including security review and productionizing work, and an invite-only Directory of independent Fractional Compliance Consultants (Section 11.8). Customer is free to use or not use any of them. Customer expressly assumes all risk and liability arising from the development, publication, deployment, and operation of any Customer Application — including any data breach, security incident, or resulting loss, and any associated notification, regulatory, or remediation obligations — and this assumption of risk applies with particular force where Customer elects not to engage Engineer Services, a Fractional Compliance Consultant, or other qualified engineering or security personnel before deploying a Customer Application. Customer's election not to engage such services is made at Customer's sole risk and does not shift any responsibility or liability to JetBridge, and engagement of such services does not by itself make any Customer Application secure or compliant (Sections 8.2 and 11.7). This Section operates together with Sections 8.1, 15, 16, and 17.
8.6 Agencies, Outsourcing Companies, and Development-for-Hire Use
Agency Use. This Section applies where Customer is an agency, consultancy, outsourcing or outstaffing company, systems integrator, freelancer, or other person that uses the Services to develop, publish, deploy, host, or maintain Customer Applications for or on behalf of its own clients or customers ("Agency Use"; such clients, "Agency Clients").
(a) Customer stands between JetBridge and Agency Clients. In Agency Use, Customer — not JetBridge — is the contracting party with, and the service provider to, each Agency Client. JetBridge has no contractual relationship with, and no obligations to, any Agency Client; Agency Clients are not third-party beneficiaries of these Terms; and nothing in these Terms or the Services makes JetBridge a party to, or guarantor of, any agreement between Customer and an Agency Client. Customer will not represent to any Agency Client that JetBridge is a partner in, supervises, warrants, or is responsible for Customer's work.
(b) Flow-down. Customer's agreements with Agency Clients must be consistent with these Terms and must not purport to grant Agency Clients rights against JetBridge or impose obligations on JetBridge. Customer is solely responsible for obtaining from each Agency Client all rights, consents, and authorizations necessary for Customer to submit the Agency Client's data, content, and materials to the Services; all such data is Customer Data and Inputs for purposes of these Terms, and Section 5 (including the Restricted Data prohibitions) and Section 7 (including the training license and Private Inference Mode) apply to it in full, subject to any executed DPA. Customer is solely responsible for selecting the Subscription Plan settings — including whether to enable Private Inference Mode — appropriate to its obligations to each Agency Client. Solely to the extent necessary for Agency Use, and subject to Customer's continued compliance with these Terms, JetBridge grants Customer the right to distribute JetBridge's prebuilt components, templates, and other JetBridge IP embedded in Outputs solely as incorporated in Customer Applications delivered to Agency Clients, and not on a standalone basis; this right does not expand the license in Section 6.1 for any other purpose.
(c) Release; assumption of liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER, ON BEHALF OF ITSELF AND ITS AFFILIATES, RELEASES AND FOREVER DISCHARGES THE JETBRIDGE PARTIES (AS DEFINED IN SECTION 16) FROM ANY AND ALL CLAIMS, LIABILITIES, LOSSES, AND DAMAGES ARISING OUT OF OR RELATING TO CUSTOMER'S AGENCY USE — INCLUDING THE DEVELOPMENT, PUBLICATION, DEPLOYMENT, HOSTING, OPERATION, SECURITY, COMPLIANCE, QUALITY, OR FITNESS OF ANY CUSTOMER APPLICATION BUILT FOR OR DELIVERED TO AN AGENCY CLIENT, AND ANY DISPUTE BETWEEN CUSTOMER AND AN AGENCY CLIENT — AND THIS RELEASE APPLIES WITH PARTICULAR FORCE WHERE CUSTOMER ELECTED NOT TO ENGAGE ENGINEER SERVICES, A FRACTIONAL COMPLIANCE CONSULTANT, OR OTHER QUALIFIED ENGINEERING OR SECURITY PERSONNEL AS DESCRIBED IN SECTION 8.5. CUSTOMER ASSUMES ALL RISK AND LIABILITY FOR ITS AGENCY USE, INCLUDING ITS PROFESSIONAL SERVICES TO AGENCY CLIENTS, AND IS SOLELY RESPONSIBLE FOR MAINTAINING ANY PROFESSIONAL-LIABILITY OR OTHER INSURANCE APPROPRIATE TO ITS BUSINESS. THIS RELEASE DOES NOT APPLY TO THE EXTENT A CLAIM ARISES FROM JETBRIDGE'S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR CANNOT LAWFULLY BE RELEASED.
(d) Indemnity. Claims brought by Agency Clients or their end users are covered by Customer's indemnification obligations in Section 16. The Marketplace covenants (Section 11.6) and all other provisions of these Terms apply to Agency Use without modification.
9. PHI Prohibition; Synthetic Data; BAAs
For healthcare and other PHI-related development, the Platform is intended for use with Synthetic Data or de-identified data only. Customer will not submit, store, or transmit PHI through the Platform unless an executed BAA is in place between Customer and JetBridge. BAAs are offered solely to enterprise-tier Customers in JetBridge's sole discretion and are subject to additional terms.
In the event Customer submits PHI to the Platform without an executed BAA, Customer (a) acknowledges that JetBridge is not acting as a business associate or subcontractor with respect to such information, (b) is solely responsible and liable for the unauthorized submission, including any required breach notification to affected individuals, regulators, or covered entities, and (c) will indemnify JetBridge for losses arising from such submission as set forth in Section 16.
10. Privacy and Data Protection
JetBridge's collection, use, and sharing of personal information in connection with the Services is described in our Privacy Policy, available on the AirCode website. JetBridge does not sell Customer Data or Customer's personal information unless Customer explicitly requests or directs JetBridge to share it — for example, for investor relations, developer introductions, or sales- or marketing-related introductions — as described in the Privacy Policy. To the extent JetBridge processes personal data subject to the GDPR or similar laws on Customer's behalf, the parties will execute a Data Processing Addendum on terms reasonably acceptable to JetBridge.
11. Engineer Services
JetBridge's Engineer Services are made available subject to the following terms and any applicable SOW, in three models: Outsourced Services (Section 11.1), Outstaffed Services (Section 11.2), and Tech Support Services purchased as prepaid developer-hour blocks (Section 11.3). Each SOW will specify whether an engagement is structured as Outsourced Services or Outstaffed Services; Tech Support Services are purchased as described in Section 11.3. JetBridge reserves the right, in its sole discretion, to determine which model applies to any particular engagement.
11.1 Outsourced Services (Default Model)
Under the Outsourced Services model ("Outsourced Services"), Engineers (whether independent contractors of JetBridge or independent third parties introduced by JetBridge) perform discrete deliverables, projects, audits, or work product on a project basis, with JetBridge serving as the contracting party or, in JetBridge's discretion, as a referral intermediary that introduces Customer to the Engineer for a direct engagement. Where JetBridge is the contracting party, JetBridge's sole obligations are to deliver the agreed deliverables described in the SOW with reasonable care; warranties, if any, apply solely as and to the extent set forth in Section 11.7. Where JetBridge is acting as a referral intermediary, JetBridge's sole obligations are limited to making the introduction and providing reasonable vetting; Customer contracts directly with the Engineer, and JetBridge is not a party to that engagement.
11.2 Outstaffed Services (Staff Augmentation)
Under the Outstaffed Services model ("Outstaffed Services"), JetBridge makes one or more Engineers available to perform services on a time-and-materials or dedicated basis under the direction of Customer. Customer assumes day-to-day operational direction and supervision of the Engineers' tasks, work scheduling, deliverables, and acceptance criteria, while the Engineers remain personnel of JetBridge or its subcontractors and not employees of Customer. JetBridge's sole obligations under the Outstaffed Services model are to identify and assign reasonably qualified Engineers in accordance with the SOW; JetBridge does not warrant the suitability, productivity, or output of any Outstaffed Engineer, does not guarantee any specific outcome, and is not responsible for the manner in which Customer directs the Engineers' work. Customer acknowledges that, where Customer directs and controls the manner of work, the engineering work product is delivered subject to Customer's direction and at Customer's risk.
Laptop and equipment logistics. Where an SOW or order form so provides, JetBridge may coordinate the shipment, delivery, retrieval, or exchange of laptops or other equipment (whether owned by Customer, JetBridge, or an Engineer) to or from Outstaffed Engineers, using commercially reasonable efforts and third-party carriers or couriers selected by JetBridge or by Customer. JetBridge acts solely as a logistics coordinator in doing so: JetBridge does not guarantee or warrant the delivery, timeliness, condition, safety, or security of any laptop, equipment, or shipment, or the performance, security, or reliability of any carrier or courier, and JetBridge has no liability for loss, theft, damage, delay, interception, or misdelivery occurring in transit or in the custody of any carrier, courier, or Engineer. Carrier and courier services are provided by third parties under their own terms, and any claims for loss or damage in transit are Customer's to pursue against the carrier or under Customer's or the carrier's insurance. Customer will reimburse JetBridge for, or JetBridge may invoice or charge to Customer's payment method as incurred, all carrier, courier, shipping, insurance, customs, duties, and related logistics fees and costs that JetBridge incurs in connection with such coordination, as pass-through charges under Section 13.1. Customer is solely responsible for determining and enforcing any device-security requirements applicable to equipment used by Outstaffed Engineers to access Customer's systems, code, or data — including encryption, endpoint protection, and remote-wipe capability — and for remotely deprovisioning access upon loss, theft, or the conclusion of an engagement.
11.3 Tech Support Services (Prepaid Developer-Hour Blocks)
In addition to the Outsourced and Outstaffed models, Customer may purchase technical support developer services directly from JetBridge in prepaid blocks of developer hours ("Tech Support Services"). Tech Support Services are performed by developers who work full-time or substantially full-time for JetBridge directly (JetBridge's internal developers), not by independent Marketplace Engineers (as defined in Section 11.7). Hour blocks are purchased in advance at the rates and block sizes stated in the applicable order form, Subscription Plan, or checkout flow, and are drawn down as hours are worked. Unused hours expire or roll over only as stated in the applicable order form and are otherwise subject to Section 13.5 (No Refunds). JetBridge assigns and schedules its internal developers in its reasonable discretion and may substitute personnel of comparable skill. Tech Support Services are JetBridge's own services: JetBridge is the contracting party, they are not Marketplace Engineer engagements, they are not subject to the marketplace fees in Section 11.9, and they are the only Engineer Services covered by the limited warranty in Section 11.7.
11.4 Engineer Vetting; No Employment
JetBridge applies commercially reasonable vetting practices to Engineers in its network. Vetting is not a guarantee, certification, or warranty of skill, integrity, fitness for any particular project, or freedom from error. Engineers are independent contractors of JetBridge or its subcontractors (or, in the case of referral introductions, independent third parties); no Engineer is an employee, partner, joint-venturer, or agent of Customer, and no employment, agency, partnership, or joint-employer relationship is created between Customer and JetBridge or any Engineer. JetBridge is responsible for the proper classification, payment, tax withholding, benefits, and similar obligations applicable to Engineers it engages directly.
11.5 Customer Management of Engineers
Customer is solely responsible for the manner in which it engages, instructs, supervises, accepts work product from, and pays (where applicable) Engineers, including for the security, lawfulness, accuracy, and adequacy of the instructions and access it provides. Customer will not (a) treat any Engineer as an employee for tax, benefits, or labor purposes, (b) provide any Engineer with credentials, equipment, or access beyond what is necessary for the engagement, or (c) require any Engineer to violate law or these Terms.
11.6 Non-Circumvention; Non-Solicitation of Engineers
Customer agrees that it will not, directly or indirectly, attempt to hire, engage, contract with, retain, employ, or compensate any Engineer outside of the Platform once introduced to that Engineer through JetBridge. This covenant is a material inducement for JetBridge to make Engineers available and is essential to the business model of the Services.
Specifically, during the term of these Terms and for a period of twenty-four (24) months following the later of (a) Customer's first introduction to an Engineer through the Platform or Engineer Services, or (b) the conclusion of any engagement involving that Engineer, Customer will not, and will cause its affiliates, employees, contractors, and representatives not to, directly or indirectly:
- engage, hire, retain, employ, contract with, or use the services of any Engineer who was introduced to Customer through the Platform or Engineer Services, except through JetBridge and pursuant to an executed SOW;
- solicit, induce, encourage, or attempt to cause any Engineer to terminate, modify, or refrain from entering into any relationship with JetBridge;
- refer, introduce, or recommend any Engineer to any third party for engagement outside of JetBridge;
- use, share, transmit, or repurpose any Engineer's identity, contact information, profile, work samples, references, vetting materials, or other information learned through the Platform for any purpose other than evaluating and conducting an engagement through JetBridge; or
- engage in any other action designed to circumvent, evade, or bypass the Platform, the Engineer Services, JetBridge's vetted-network model, or the fees that would otherwise be payable to JetBridge.
Liquidated damages — capped at twelve months of estimated developer fees. Customer acknowledges that JetBridge's damages arising from a breach of this Section would be difficult to quantify. Accordingly, for each breach involving a particular Engineer, Customer will pay JetBridge, as liquidated damages and not as a penalty, an amount equal to twelve (12) months of estimated forward-looking developer fees for that Engineer, calculated as twelve (12) times the average monthly fees (including marketplace fees) paid by Customer through the Platform for that Engineer's services during the twelve (12) months preceding the breach or, if the engagement was shorter, during the actual engagement period averaged monthly. If Customer has paid no fees for that Engineer through the Platform (for example, where the Engineer was introduced to Customer but engaged outside the Platform without any Platform engagement), the amount will instead be calculated using the monthly fees quoted for the proposed engagement or, absent a quote, JetBridge's then-standard monthly rates for comparably qualified Engineers. This liquidated amount is JetBridge's exclusive monetary remedy for breach of this Section and represents the parties' reasonable, good-faith estimate of JetBridge's loss. In addition, JetBridge may seek injunctive relief from a court of competent jurisdiction to prevent ongoing or repeated circumvention, notwithstanding Section 18.
Compliance verification. If JetBridge has a good-faith, reasonable basis to believe that Customer has breached this Section, JetBridge may, not more than once in any twelve-month period, request that Customer certify in writing its compliance with this Section. Customer will provide the certification within thirty (30) days and will reasonably cooperate with JetBridge to confirm whether any specifically identified Engineer has been or is being engaged by Customer. JetBridge will not require production of Customer's payroll records, organizational charts, or general employee or contractor lists.
Survival. The covenants in this Section survive termination or expiration of these Terms and apply regardless of the reason for or manner of termination.
11.7 Limited Warranty — JetBridge Tech Support Services Only; No Warranty for Marketplace Engineers
Tech Support Services (prepaid hour blocks). JetBridge warrants only Tech Support Services (as described in Section 11.3 — services performed by JetBridge's own internal developers and purchased by Customer in prepaid developer-hour blocks): Tech Support Services will be performed in a workmanlike manner consistent with industry standards. Customer's sole and exclusive remedy, and JetBridge's sole and exclusive obligation, for any breach of this warranty is, at JetBridge's option, (a) re-performance of the deficient Tech Support Services for a period not exceeding thirty (30) days from delivery, or (b) refund of fees paid to JetBridge for the deficient Tech Support Services.
Marketplace Engineers — initial vetting only; no warranty; JetBridge is a marketplace venue. For Engineers engaged through the Engineer Marketplace (including fractional Chief Technology Officers and other technical professionals) ("Marketplace Engineers"), JetBridge performs an initial vetting at the time an Engineer is admitted to JetBridge's network. That vetting is point-in-time and limited in scope; it is not repeated, updated, or ongoing, and it is not a certification, endorsement, or guarantee of any Marketplace Engineer's skill, availability, integrity, performance, or results. JetBridge operates the Engineer Marketplace strictly as a marketplace and venue that connects Customer with independent professionals: JetBridge does not supervise, direct, or control Marketplace Engineers or the manner, means, or quality of their work, and is not responsible for the quality, timeliness, completeness, accuracy, security, legality, or fitness of any Marketplace Engineer's work product. TO THE MAXIMUM EXTENT PERMITTED BY LAW, JETBRIDGE MAKES NO WARRANTY OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MARKETPLACE ENGINEER OR ANY WORK PRODUCT OF A MARKETPLACE ENGINEER, AND THE TECH SUPPORT SERVICES WARRANTY ABOVE DOES NOT APPLY TO MARKETPLACE ENGINEERS. Customer is solely responsible for selecting, instructing, supervising, and accepting the work of any Marketplace Engineer, and any dispute regarding a Marketplace Engineer's work is between Customer and that Marketplace Engineer (subject to the payment terms in Section 11.9).
No Engineer Services — whether Tech Support Services or Marketplace Engineer engagements — are guaranteed to render any Customer Application secure, compliant, error-free, fit for any particular purpose, or production-ready, and JetBridge will have no liability for the use, deployment, operation, or outcomes of any Customer Application.
11.8 Fractional Compliance Consultant Directory and Engagements
JetBridge maintains, within the Marketplace, an invite-only directory (the "Directory") through which Customer may discover independent compliance consultants — fractional Compliance Officers, fractional Security Officers, and similar compliance-focused professionals (each, a "Fractional Compliance Consultant") — whom Customer may engage directly, at Customer's option, to assist with Customer's compliance or security program. For clarity, fractional Chief Technology Officers and other technical or engineering-leadership professionals are NOT Fractional Compliance Consultants; they are engaged through the Engineer Marketplace as Engineer Services and are subject to the fees and covenants of Sections 11.1–11.7 and 11.9. JetBridge does not itself provide compliance consulting, compliance-officer, or security-officer services; Customer's engagement of a Fractional Compliance Consultant is a direct engagement between Customer and that professional. This Section 11.8 governs Fractional Compliance Consultant engagements as they relate to the Services. Section 11.8 is intentionally STRUCTURED DIFFERENTLY FROM SECTIONS 11.1 through 11.7 and SECTION 11.9 (which govern Engineer Marketplace engagements): JetBridge acts as Directory provider only with respect to Fractional Compliance Consultants, does not financially intermediate the engagement, and does not impose non-circumvention or non-solicitation covenants on the engagement. In the event of conflict between Sections 11.1–11.7 or 11.9 (including the non-circumvention covenants in Section 11.6) and this Section 11.8 with respect to Fractional Compliance Consultant engagements, this Section 11.8 controls.
(a) JetBridge as Directory provider only. With respect to Fractional Compliance Consultant engagements, JetBridge's role is limited to surfacing the Directory. JetBridge does not employ Fractional Compliance Consultants; does not contract with Fractional Compliance Consultants on Customer's behalf; does not direct, supervise, or control the professional advice, opinions, attestations, or work product of any Fractional Compliance Consultant; does not act as a marketplace, broker, staffing agency, or intermediary in any Fractional Compliance Consultant engagement; and is not a party to any agreement between Customer and a Fractional Compliance Consultant. No employer-employee, principal-agent, partnership, joint-venture, or marketplace-facilitator relationship is created between JetBridge and any Fractional Compliance Consultant, or between JetBridge and Customer with respect to a Fractional Compliance Consultant engagement.
(b) Customer responsibility for hiring, supervision, payment, and termination. Customer is the contracting party with each Fractional Compliance Consultant Customer engages and is solely responsible for: (i) identifying, evaluating, and selecting the Fractional Compliance Consultant, including evaluating qualifications, references, licensure, and professional credentials; (ii) negotiating and accepting all engagement terms (scope, fees, schedule, deliverables) directly with the Fractional Compliance Consultant; (iii) supervising performance, deliverables, and conduct; (iv) deciding whether to retain, expand, reduce, replace, or terminate the engagement at any time; (v) paying the Fractional Compliance Consultant directly for services rendered; and (vi) the work product produced.
(c) Off-platform engagement; limited Platform access; HIPAA workforce treatment. Fractional Compliance Consultant engagements are conducted outside the Services. Compliance documents, work product, attestations, messages, and other communications exchanged between Customer and a Fractional Compliance Consultant occur outside the Services, through channels selected by Customer and the Fractional Compliance Consultant (such as their own email, document, or collaboration tools). JetBridge does not host, store, transmit, process, monitor, or have visibility into any such off-platform documents or communications; they are not Customer Data; and JetBridge assumes no responsibility or liability for the Customer–Fractional Compliance Consultant relationship, for such documents or communications, for Customer's compliance program, or for any compliance outcome, finding, attestation, certification, audit result, or regulatory action. If Customer, at its own election, grants a Fractional Compliance Consultant access to materials Customer maintains on the Services (for example, PHI where an executed BAA is in place, or Customer's application in connection with a security review), such access is governed by Customer's own access controls within Customer's JetBridge organization and project. The Fractional Compliance Consultant is, for purposes of HIPAA, a workforce member of Customer (or a subcontractor or business associate of Customer, as applicable based on the nature of the engagement) during the engagement. The Fractional Compliance Consultant is not a subcontractor of JetBridge under any BAA between Customer and JetBridge, and JetBridge has no obligation to enter into a business associate agreement with the Fractional Compliance Consultant. Customer is responsible for any business associate agreement, confidentiality agreement, non-disclosure agreement, or other contractual arrangement Customer determines is required between Customer and the Fractional Compliance Consultant.
(d) No JetBridge warranty; no verification of listing information. JetBridge makes no representation or warranty, express or implied, regarding any Fractional Compliance Consultant, including without limitation any representation or warranty regarding qualifications, licensure, professional advice given, work product produced, suitability for Customer's purpose, or fitness for any particular use. The Engineer Services warranty in Section 11.7 does not apply to Fractional Compliance Consultant engagements. JetBridge may collect information such as professional history, references, work samples, certifications, and licensure information from Fractional Compliance Consultants to populate Directory listings; however, Directory listings may be based in whole or in part on information self-reported by the Fractional Compliance Consultant, and JetBridge does not undertake to verify, and may not have verified, any or all of such information. Neither an invitation to the Directory nor a Directory listing is an endorsement, certification, or recommendation, and neither implies that any item of listing information — including references, certifications, or licensure — has been checked or verified by JetBridge. Customer is solely responsible for conducting its own due diligence, including independently verifying qualifications, references, certifications, and licensure, before engaging any Fractional Compliance Consultant, and JetBridge has no liability arising from inaccurate, incomplete, outdated, self-reported, or unverified listing information. It is ultimately Customer's responsibility to confirm that the credentials of any compliance expert Customer hires are valid and current, and to review the Fractional Compliance Consultant's recommendations, advice, and work product with Customer's own legal counsel and confirm they are consistent with that counsel's advice before relying on or implementing them. A Fractional Compliance Consultant's recommendations and advice are not legal advice from JetBridge and are not a substitute for the advice of Customer's own legal counsel; in the event of any inconsistency between a Fractional Compliance Consultant's advice and the advice of Customer's own legal counsel, Customer should follow the advice of its own legal counsel.
(e) NO JetBridge fees; invite-only Directory. JetBridge charges no fees to anyone with respect to Fractional Compliance Consultant engagements. The Directory is invite-only: Fractional Compliance Consultants are listed by JetBridge's invitation, and JetBridge does not charge Fractional Compliance Consultants any listing fee, usage fee, percentage fee, hourly fee, recurring fee, placement fee, finder's fee, or referral fee. Customer's access to the Directory is included in Customer's Subscription Plan at no additional charge. Customer pays the Fractional Compliance Consultant directly per the engagement terms agreed between Customer and the Fractional Compliance Consultant; JetBridge does not collect, route, hold, or share in any portion of those fees, and does not act as a billing intermediary for the engagement. For clarity, this Section 11.8(e) applies only to compliance-focused Fractional Compliance Consultants; fees for Engineers and for fractional Chief Technology Officers and other technical professionals engaged through the Engineer Marketplace are governed by Sections 11.1–11.7, Section 11.9, and the applicable SOW.
(f) NO non-circumvention or non-solicitation covenant for Fractional Compliance Consultant engagements. Notwithstanding any provision of these Terms (including the non-circumvention and non-solicitation covenants in Section 11.6 applicable to Engineers), Customer is NOT subject to any non-circumvention, exclusivity, non-solicitation, placement-fee, finder's-fee, or similar restrictive covenant with respect to any Fractional Compliance Consultant engagement. Customer may engage, retain, expand, reduce, replace, or terminate any Fractional Compliance Consultant at any time, may engage Fractional Compliance Consultants discovered through the Directory or sourced independently, and may continue any Fractional Compliance Consultant engagement during, after, or independently of Customer's use of the Services, in each case without any obligation to JetBridge. The Fractional Compliance Consultant is likewise free of any non-circumvention or non-solicitation obligation to JetBridge with respect to Customer. Section 11.6 (Non-Circumvention; Non-Solicitation of Engineers) does not apply to Fractional Compliance Consultants, and any reference to "Engineer" in Section 11.6 does not include and shall not be construed to include any Fractional Compliance Consultant. For clarity, this Section 11.8(f) applies only to compliance-focused Fractional Compliance Consultants (fractional Compliance Officers, fractional Security Officers, and similar compliance professionals). Fractional Chief Technology Officers and other technical or engineering-leadership professionals are NOT Fractional Compliance Consultants: they are engaged through the Engineer Marketplace as Engineer Services, JetBridge charges fees for those engagements as set forth in Sections 11.1–11.7, Section 11.9, Section 13, and the applicable SOW, and the non-circumvention and non-solicitation covenants in Section 11.6 DO apply to them.
(g) Allocation of liability and indemnification. Customer assumes all liability arising from Customer's engagement of any Fractional Compliance Consultant, including without limitation: the work product produced; the professional advice or attestation given; any decision Customer makes based on such work product or advice; any act, error, or omission of the Fractional Compliance Consultant; any disclosure of Customer's ideas, plans, code, or other intellectual property that Customer makes to a Fractional Compliance Consultant; the state or outcome of Customer's compliance program; and any loss, damage, fine, penalty, or regulatory action resulting therefrom. Customer will defend, indemnify, and hold harmless the JetBridge Parties from and against any third-party claim, demand, suit, proceeding, loss, damage, fine, penalty, cost, or expense (including reasonable attorneys' fees) arising out of Customer's engagement of a Fractional Compliance Consultant, except to the extent caused by JetBridge's gross negligence or willful misconduct in operating the Directory itself.
(h) No dispute resolution by JetBridge. Disputes between Customer and a Fractional Compliance Consultant regarding fees, work product, deliverables, confidentiality, intellectual property, or quality of professional advice are between Customer and the Fractional Compliance Consultant. JetBridge will reasonably assist with administrative matters (account access, removal of a Fractional Compliance Consultant from a Directory listing for material breach of any Directory eligibility terms) but will not arbitrate professional disagreements.
(i) Survival. Customer's indemnification obligations under Section 11.8(g), and the disclaimers in Sections 11.8(a), 11.8(c), 11.8(d), and 11.8(f), survive termination or expiration of these Terms, any BAA, and any other agreement between the parties.
11.9 Developer Talent Marketplace — Fees, Payments, and Prepayment
Marketplace fee. Engagements of Marketplace Engineers are subject to a JetBridge marketplace fee ranging from ten percent (10%) to thirty-five percent (35%) of the Engineer's own fees, charged in addition to the Engineer's fees. The applicable marketplace-fee percentage is stated in the SOW, order form, or checkout flow for the engagement and may vary based on engagement type, Engineer seniority, engagement volume and duration, and other commercial factors.
JetBridge handles all payments. Unless expressly stated otherwise in an SOW, all payments for Engineer Marketplace engagements are collected and processed by JetBridge (or its payment processors): Customer pays JetBridge the Engineer's fees plus the applicable marketplace fee, and JetBridge remits the Engineer's portion to the Engineer. Customer agrees not to pay any Marketplace Engineer directly or to route payment for a Marketplace Engineer's work outside the Platform; doing so is a violation of Section 11.6. For clarity, this Section 11.9 does not apply to Fractional Compliance Consultants, for whom JetBridge charges no fees and processes no payments (Section 11.8).
Prepayment for new Customers. For new Customers, and for Customers that have not yet established a payment track record with JetBridge, JetBridge may require prepayment of estimated fees for one (1) to three (3) months of estimated work in advance, as stated in the applicable SOW or order form. Prepaid amounts are applied against invoices as work is performed and usage occurs. JetBridge may require replenishment of the prepaid balance as a condition of continued work, and unused prepaid amounts are refundable or creditable only as expressly stated in the applicable SOW or order form. JetBridge may adjust or waive prepayment requirements as Customer establishes a payment history with JetBridge.
12. Confidentiality
"Confidential Information" means non-public information disclosed by one party ("Discloser") to the other ("Recipient") that is identified as confidential or that should reasonably be understood to be confidential. Confidential Information of JetBridge includes the Services, Documentation, technology, model architecture, weights, prompts and prompt-engineering, pricing, roadmap, and security information. Confidential Information of Customer includes Customer Data and Inputs, and Outputs generated in Private Inference Mode.
Recipient will use Confidential Information only to exercise its rights and perform its obligations under the Agreement (including, in JetBridge's case, the licenses granted in Sections 6.2 and 7), will protect it with at least reasonable care, and will not disclose it to third parties except to its employees, contractors, and advisors with a need to know who are bound by confidentiality obligations no less protective than these Terms. Confidential Information does not include information that (a) is or becomes public through no fault of Recipient, (b) is rightfully known by Recipient without obligation, (c) is independently developed without use of Confidential Information, or (d) is rightfully obtained from a third party without restriction. Recipient may disclose Confidential Information as required by law or legal process, provided that Recipient gives Discloser prompt notice (where legally permitted) and reasonable cooperation to seek protective measures.
13. Fees, Taxes, and Payment
13.1 Fees
Customer will pay all fees specified in the applicable Subscription Plan, order form, or SOW. Subscription fees for paid plans are due in advance and are non-cancellable and non-refundable except as expressly set forth in these Terms. Engineer Services are fee-bearing: JetBridge charges fees for access to Engineers engaged directly by JetBridge (including JetBridge's internal developers) and/or a marketplace fee for hiring Engineers from JetBridge's vetted network — including fractional Chief Technology Officers and other technical professionals — in each case as set forth in the SOW or applicable order form. Tech Support Services hour blocks are purchased in advance as described in Section 11.3; marketplace fees, payment handling, and prepayment requirements for the Engineer Marketplace are further described in Section 11.9. By contrast, and as set forth in Section 11.8(e), JetBridge charges no fees with respect to Fractional Compliance Consultant engagements.
13.2 Pricing Changes
JetBridge may modify pricing, plan tiers, included usage, rate limits, or other commercial terms at any time, with such changes published at https://aircode.build/pricing or otherwise communicated through reasonable means. Modifications will not retroactively affect fees paid for a then-current paid term but will apply to renewals, upgrades, downgrades, and additional purchases. JetBridge may also change, discontinue, or remove the Free Trial or any of its features at any time, including by imposing usage-based limits, rate limits, queuing, or paywalls.
13.3 Taxes
Fees are exclusive of taxes, levies, or duties of any kind. Customer is responsible for all sales, use, value-added, withholding, and similar taxes assessed against the Services, other than taxes based on JetBridge's net income.
13.4 Late Payment
Undisputed amounts not paid when due will accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by law, plus reasonable collection costs (including attorneys' fees). JetBridge may suspend the Services for non-payment after reasonable notice.
13.5 No Refunds
Except as expressly stated in these Terms, all fees are non-refundable and prepaid amounts are not refundable upon termination, downgrade, or non-renewal.
13.6 Credits
Limited allotments; advance purchase. Paid Subscription Plans include a limited allotment of usage units ("Credits") per billing period, as stated in the applicable Subscription Plan. Credits are consumed by Customer's use of the Services — including AI code generation and other AI operations, builds and deployments, sandbox and infrastructure usage, and access to Data Products (Section 4.6) — at the consumption rates displayed in the applicable Subscription Plan, checkout flow, or Documentation, which JetBridge may update from time to time in accordance with Section 13.2. When Customer's Credit allotment is exhausted, JetBridge may pause, throttle, or limit Customer's further use of Credit-consuming features until Customer purchases additional Credits, and Customer will be asked to purchase additional Credits in advance in order to continue such use; alternatively, JetBridge may permit continued use subject to the overage and step-up provisions of Section 13.9. JetBridge is not obligated to permit usage beyond Customer's Credit balance; if JetBridge in its discretion permits such usage, the resulting negative balance is immediately due and payable and will be charged to Customer's payment method or invoiced under Section 13.1.
AI consumption is probabilistic and iterative; Credits are consumed either way. Customer acknowledges that generative AI development is probabilistic and iterative: reaching a working result frequently requires multiple prompts, regenerations, retries, and correction passes, and the Platform's AI may consume Credits attempting to diagnose or correct errors, including errors in the AI's own prior Outputs. Credits are consumed by every AI operation that the Platform performs at Customer's direction or on Customer's behalf, regardless of whether the resulting Output compiles, runs, is accurate, is retained or used by Customer, or meets Customer's expectations — AND INCLUDING CREDITS CONSUMED BY RETRIES, REGENERATIONS, DEBUGGING, AND ERROR-CORRECTION PASSES, WHETHER INITIATED BY CUSTOMER OR AUTOMATICALLY BY THE PLATFORM. Credit consumption is not conditioned on Customer's satisfaction with any Output or outcome, and Credits consumed are not refundable or creditable on the basis that Outputs were unsatisfactory, contained errors, or required further iteration. This reflects the economics of the Services: JetBridge pays for the underlying AI-model inference and infrastructure for every operation, successful or not.
Credit valuation; JetBridge may change consumption rates and value. The number of Credits consumed by any given operation, the price and size of Credit allotments and Credit packs, and the economic value of Credits are set by JetBridge and may be modified by JetBridge at any time in its discretion, including without limitation to reflect changes in the underlying infrastructure, AI-model inference, compute, storage, and third-party costs that JetBridge incurs in operating the Services. Changes to Credit consumption rates or valuation take effect for usage occurring after the change is published in the applicable Subscription Plan, checkout flow, or Documentation, in accordance with Section 13.2. Credits already consumed are unaffected, and changes do not retroactively alter fees already paid for a then-current paid term. Customer's sole remedy if Customer does not agree with a change to Credit consumption rates or valuation is to cease purchasing additional Credits and, at the end of the then-current term, not renew.
Nature of Credits; expiration; metering. Credits are a unit of measurement for consumption of the Services only. Credits have no cash or monetary value; are not currency, a deposit, a stored-value instrument, or property; are non-transferable and non-redeemable; and may not be exchanged, resold, or moved between accounts. Plan-included Credits expire at the end of the applicable billing period unless the Subscription Plan expressly states otherwise; separately purchased Credit packs expire as stated at the time of purchase. Except as expressly stated in these Terms or required by applicable law, unused Credits are not refundable, including upon termination, downgrade, or non-renewal (Section 13.5). JetBridge's metering records are the authoritative measure of Credit consumption, absent manifest error. Fees paid for Credits are fully earned as Credits are consumed, and consumed Credits constitute Services actually delivered for all purposes, including Section 13.7 (Chargebacks).
13.7 Payment Authorization; Chargebacks
Authorization. Customer authorizes JetBridge and its payment processors to charge Customer's designated payment method for all fees due under these Terms — including subscription fees, usage-based fees, Engineer fees, marketplace fees, Tech Support Services fees, and prepayments — on a recurring basis where applicable. Charges made in accordance with these Terms and the applicable Subscription Plan, SOW, order form, or checkout flow are authorized transactions, and Customer agrees not to assert otherwise to any card issuer, bank, or payment processor.
Fees are earned when incurred; JetBridge's costs are paid up front. Customer acknowledges that JetBridge incurs hard costs at or before the time the Services are delivered — including AI-model inference and infrastructure costs incurred as Customer's usage occurs and as Credits are consumed, and Engineer fees that JetBridge remits to Marketplace Engineers for work performed — and that fees are fully earned by JetBridge when the corresponding Services are delivered, usage occurs, Credits are consumed (including Credits consumed by retries, regenerations, and error-correction passes as described in Section 13.6), or Engineer work is performed, regardless of Customer's subsequent satisfaction with AI Outputs, with any Customer Application, or with business outcomes.
Dispute with JetBridge first; no chargebacks. If Customer disputes any charge in good faith, Customer agrees to first contact JetBridge at support@jetbridge.com, and to pursue the informal-resolution and dispute-resolution process in Section 18, before initiating any chargeback, payment reversal, or payment dispute with any card issuer, bank, or payment processor. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND APPLICABLE CARD-NETWORK RULES, CUSTOMER AGREES NOT TO INITIATE A CHARGEBACK OR PAYMENT REVERSAL WITH RESPECT TO ANY FEE PROPERLY CHARGED UNDER THESE TERMS — INCLUDING USAGE FEES FOR SERVICES ACTUALLY CONSUMED, FEES FOR CREDITS ACTUALLY CONSUMED (INCLUDING CREDITS CONSUMED BY AI RETRIES, REGENERATIONS, DEBUGGING, OR ERROR-CORRECTION PASSES AS DESCRIBED IN SECTION 13.6), AND ENGINEER OR MARKETPLACE FEES FOR WORK ACTUALLY PERFORMED — AND AGREES THAT DISSATISFACTION WITH AI OUTPUTS, WITH THE RESULTS OR QUALITY OF ANY CUSTOMER APPLICATION, WITH THE USEFULNESS OF ANY DATA PRODUCT RECORD, OR WITH THE WORK OF ANY MARKETPLACE ENGINEER IS NOT A BASIS FOR CLAIMING THAT A CHARGE WAS UNAUTHORIZED OR THAT SERVICES WERE NOT PROVIDED.
Improper chargebacks. If Customer initiates a chargeback or payment reversal in breach of this Section with respect to a charge JetBridge properly made under these Terms, then, to the maximum extent permitted by law: (a) the disputed amount, together with any chargeback fees, fines, or penalties imposed on JetBridge by payment processors or card networks and JetBridge's reasonable costs of responding to and contesting the chargeback (including reasonable attorneys' fees), will become immediately due and payable by Customer and will be treated as unpaid amounts under Section 13.4; (b) JetBridge may suspend or terminate Customer's access to the Services pending resolution; (c) Customer agrees that JetBridge may submit these Terms, Customer's acceptance records, usage and delivery logs, communications, and work-product records to the card issuer, bank, or payment processor as evidence that the charge was authorized and that the Services were provided; and (d) Customer remains liable for the underlying fees notwithstanding the outcome of any chargeback process. Nothing in this Section waives any right of Customer under applicable law or card-network rules that cannot lawfully be waived.
13.8 NO CHARGEBACKS; NON-REFUNDABLE SERVICE; RECURRING HOSTING CHARGES; CONSEQUENCES OF CANCELLATION OR CHARGEBACK
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND APPLICABLE CARD-NETWORK RULES:
(a) NO CREDIT CARD CHARGEBACKS. CUSTOMER EXPRESSLY AGREES NOT TO INITIATE, AND EXPRESSLY WAIVES ANY RIGHT TO INITIATE, ANY CREDIT CARD CHARGEBACK, PAYMENT REVERSAL, OR PAYMENT DISPUTE WITH ANY CARD ISSUER, BANK, OR PAYMENT PROCESSOR WITH RESPECT TO ANY FEE PROPERLY CHARGED UNDER THESE TERMS. CUSTOMER'S EXCLUSIVE PATH FOR ANY BILLING DISPUTE IS THE PROCESS DESCRIBED IN SECTIONS 13.7 AND 18 (CONTACT JETBRIDGE FIRST, THEN INFORMAL RESOLUTION, THEN ARBITRATION). SECTION 13.7 CONTINUES TO GOVERN THE CONSEQUENCES OF ANY CHARGEBACK INITIATED IN BREACH OF THIS SECTION.
(b) SERVICE IS NON-REFUNDABLE, INCLUDING FOR NON-USE. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, ALL FEES ARE NON-REFUNDABLE AS SET FORTH IN SECTION 13.5. CUSTOMER AGREES THAT SUBSCRIPTION AND HOSTING FEES ARE CHARGED FOR THE AVAILABILITY OF THE SERVICES, NOT FOR CUSTOMER'S ACTUAL USE OF THEM, AND THAT FEES REMAIN DUE AND ARE NOT REFUNDABLE EVEN IF CUSTOMER DOES NOT ACCESS OR USE THE SERVICES DURING A BILLING PERIOD, WHERE CUSTOMER HAS NOT CANCELLED IN ACCORDANCE WITH SECTION 14. NON-USE OF THE SERVICES DOES NOT CONSTITUTE CANCELLATION.
(c) RECURRING HOSTING CHARGES. CUSTOMER AGREES THAT HOSTING, DEPLOYING, OR MAINTAINING ANY CUSTOMER APPLICATION ON AIRCODE OR OTHER JETBRIDGE PROPERTIES INCURS RECURRING MONTHLY CHARGES AT CUSTOMER'S THEN-CURRENT RATE PLAN, WHICH CONTINUE TO ACCRUE UNTIL CUSTOMER CANCELS THE APPLICABLE PLAN OR REMOVES THE HOSTED APPLICATION IN ACCORDANCE WITH SECTION 14 AND THE DOCUMENTATION.
(d) CONSEQUENCES OF CANCELLATION OR CHARGEBACK. CUSTOMER AGREES THAT IF CUSTOMER CANCELS ITS PLAN, OR IF CUSTOMER INITIATES A CHARGEBACK OR PAYMENT REVERSAL IN BREACH OF THIS SECTION, JETBRIDGE MAY, AT ITS SOLE DISCRETION AND WITHOUT LIABILITY: (i) DELETE ANY OR ALL OF CUSTOMER'S CODE, DATA, DESIGNS, CUSTOMER APPLICATIONS, AND OTHER CUSTOMER CONTENT STORED ON THE SERVICES, AT SUCH TIME AS JETBRIDGE CHOOSES FOLLOWING A THIRTY (30) DAY PERIOD AFTER THE EFFECTIVE DATE OF CANCELLATION OR THE INITIATION OF THE CHARGEBACK, DURING WHICH PERIOD CUSTOMER MAY EXPORT ITS CUSTOMER CONTENT (EXCEPT WHERE APPLICABLE LAW REQUIRES EARLIER DELETION OR JETBRIDGE REASONABLY BELIEVES THE CONTENT VIOLATES SECTION 5); AND (ii) SUSPEND, TERMINATE, OR PERMANENTLY BAN CUSTOMER FROM USING THE SERVICES OR ANY JETBRIDGE PLATFORM OR SERVICE IN THE FUTURE. CUSTOMER IS SOLELY RESPONSIBLE FOR EXPORTING AND BACKING UP ITS CODE, DATA, DESIGNS, AND OTHER CUSTOMER CONTENT BEFORE CANCELLING OR CEASING PAYMENT, AS SET FORTH IN SECTION 8.3.
(e) SAVINGS CLAUSE. NOTHING IN THIS SECTION WAIVES ANY RIGHT OF CUSTOMER UNDER APPLICABLE LAW OR CARD-NETWORK RULES THAT CANNOT LAWFULLY BE WAIVED, INCLUDING ANY NON-WAIVABLE RIGHT TO DISPUTE UNAUTHORIZED OR FRAUDULENT CHARGES.
13.9 Interim Usage Billing; Plan Overages and Automatic Step-Up
(a) Interim threshold billing. In addition to billing at the start or end of a billing period, Customer authorizes JetBridge to charge Customer's designated payment method each time Customer's accrued, unbilled usage charges reach one hundred U.S. dollars (US$100), or such other threshold as is displayed in the applicable Subscription Plan or checkout flow, without waiting for the end of the billing period. Any remaining accrued usage is charged at the end of the billing period or upon cancellation, termination, or expiration, whichever occurs first. Interim usage charges are charges for Services actually delivered and Credits actually consumed, and Sections 13.6 and 13.7 apply to them in full.
(b) Overage and automatic step-up. If Customer's usage in a billing period exceeds the Credit allotment included in Customer's Subscription Plan, JetBridge may, instead of pausing or throttling under Section 13.6, permit continued use and charge Customer for the excess as follows, at the rates and tier structures listed at https://aircode.build/pricing at the time of use:
- Step-up plans. On Subscription Plans designated as step-up plans (as of the date of these Terms, the Bronze plan): if Customer's usage exceeds the plan's included Credit allotment by any amount, Customer's account is automatically upgraded to the next-higher Subscription Plan (as of the date of these Terms, the Silver plan), effective as of the date the allotment was exceeded. Customer will be charged the difference between the two plans' fees for the then-current billing period, and the account continues on the higher plan for subsequent billing periods unless Customer downgrades through account settings. JetBridge will notify Customer at or promptly after the automatic upgrade.
- Per-Credit overage plans. On Subscription Plans designated as per-Credit overage plans (as of the date of these Terms, the Silver plan and above): usage beyond the included allotment is charged per additional Credit consumed, at the per-Credit overage rates listed on the pricing pages, and may be charged on the interim threshold basis described in Section 13.9(a).
(c) Overage charges survive cancellation. Cancellation, non-renewal, termination, or expiration does not relieve Customer of the obligation to pay for Credits consumed in excess of Customer's plan allotment before the effective date of cancellation or termination. Customer authorizes JetBridge to charge Customer's designated payment method for any such unbilled overage — including any automatic step-up difference under Section 13.9(b) — at the prices listed on the pricing pages at the time the usage occurred, after cancellation or termination if not charged before. Such charges are fees for Services actually delivered for all purposes, including Sections 13.7 and 13.8.
14. Term, Suspension, and Termination
These Terms commence on the earlier of Customer's acceptance or first use of the Services and continue until terminated as provided herein. Subscription Plans renew automatically for successive terms equal to the then-current term unless either party gives notice of non-renewal at least thirty (30) days before the end of the current term, unless Customer cancels as provided below, or except as otherwise set forth in an order form.
Cancellation. Customer may cancel a Subscription Plan at any time through Customer's account settings or by notice to support@jetbridge.com with the subject line "Cancellation." Cancellation takes effect at the end of the then-current billing period; fees already paid are not refunded (Section 13.5), and hosting and usage charges continue to accrue until the effective date of cancellation as described in Section 13.8(c).
Either party may terminate the Agreement for material breach by the other party that remains uncured thirty (30) days after written notice describing the breach in reasonable detail. JetBridge may immediately suspend or terminate the Services, in whole or in part, without liability if (a) Customer materially breaches Sections 5, 6, 8, 9, 11.6, 12, or 20; (b) Customer's use of the Services creates a security, legal, or regulatory risk to JetBridge or its other customers; (c) Customer becomes insolvent or subject to bankruptcy proceedings; or (d) JetBridge is required to do so by law.
Upon termination, (i) Customer's right to access and use the Services ceases; (ii) Customer will pay all fees accrued through the effective date of termination; (iii) each party will return or destroy the other party's Confidential Information, except as required by law or backup retention; and (iv) provisions intended to survive termination, including Sections 4.6, 5.7, 6, 7, 8, 9, 10, 11.6, 11.8, 12, 13.4, 13.5, 13.6, 13.7, 13.8, 13.9, 14, 15, 16, 17, 18, 19, 20, and 21, will survive.
15. Disclaimers; "AS IS"
15.1 General Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, THE PLATFORM, THE PREBUILT CODE COMPONENTS, INTEGRATIONS, OUTPUTS, ENGINEER SERVICES, AND ANY DELIVERABLES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. JETBRIDGE EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
JETBRIDGE DOES NOT WARRANT THAT THE SERVICES OR OUTPUTS ARE ERROR-FREE, UNINTERRUPTED, SECURE, COMPLIANT WITH ANY LAW OR STANDARD (INCLUDING HIPAA, HITRUST, SOC 2, GDPR, PCI-DSS, OR ANY STATE PRIVACY OR HEALTHCARE LAW), FREE FROM HARMFUL CODE OR VULNERABILITIES, OR FIT FOR ANY PARTICULAR USE; THAT OUTPUTS WILL BE ACCURATE, ORIGINAL, NON-INFRINGING, OR FREE FROM BIAS; OR THAT THE SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. CUSTOMER ASSUMES ALL RISK ARISING FROM ITS USE OF THE SERVICES, OUTPUTS, AND ANY CUSTOMER APPLICATION.
15.2 AI-Generated Output; Hallucinations
The Platform uses generative artificial intelligence and large language models. Customer expressly acknowledges and agrees that AI-generated Outputs can be inaccurate, incomplete, misleading, biased, outdated, fabricated, or otherwise wrong, a phenomenon commonly referred to as "hallucination." Hallucinations may include, without limitation, code that does not compile, run, or function as intended; references to non-existent libraries, packages, APIs, functions, classes, methods, parameters, configuration values, command-line flags, or documentation; fabricated citations, statutes, regulatory provisions, code-section numbers, identifiers, or authorities; incorrect medical, clinical, billing, coding (including ICD-10, CPT, HCPCS, SNOMED, LOINC), insurance, legal, regulatory, security, or compliance information; insecure code patterns, hard-coded credentials, deprecated cryptographic primitives, or vulnerabilities; and Outputs that infringe, misappropriate, or otherwise violate third-party intellectual-property or other rights.
CUSTOMER IS SOLELY RESPONSIBLE FOR INDEPENDENTLY REVIEWING, TESTING, VALIDATING, AND VERIFYING ALL OUTPUTS BEFORE RELYING ON THEM, DEPLOYING THEM, INCORPORATING THEM INTO ANY CUSTOMER APPLICATION, OR DISTRIBUTING THEM. JETBRIDGE MAKES NO REPRESENTATION OR WARRANTY THAT OUTPUTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, SAFE, COMPLIANT, OR FIT FOR ANY PARTICULAR PURPOSE.
Customer further acknowledges that: (a) Outputs are probabilistic and may differ for identical or similar Inputs; (b) Outputs are not professional advice (legal, medical, clinical, billing, coding, accounting, security, or otherwise) and must not be used as a substitute for the judgment of qualified human professionals; (c) Customer must not rely on Outputs for any decision affecting patient care, clinical outcomes, billing or claims submissions, regulatory filings, financial transactions, or other consequential matters without appropriate human review and validation; and (d) Customer must implement appropriate human-in-the-loop oversight, testing, monitoring, guardrails, and governance for any use of Outputs. JetBridge will have no liability for any loss, damage, or harm arising from inaccurate, hallucinated, fabricated, or otherwise incorrect Outputs.
15.3 Third-Party Materials and Integrations
The Services may interoperate with, surface, or rely upon third-party software, models, APIs, data sources, or services (including, by way of example, third-party AI model providers, EHR systems, cloud-infrastructure providers, billing systems, and FHIR/HL7 endpoints). JetBridge does not control and is not responsible for any third-party material, and the availability, accuracy, security, and performance of third-party materials are governed by the applicable third party's terms.
16. Indemnification
Customer will defend, indemnify, and hold harmless JetBridge, its affiliates, and their respective officers, directors, employees, agents, contractors, and Engineers (the "JetBridge Parties") from and against any and all third-party claims, demands, suits, proceedings, losses, damages, fines, penalties, costs, and expenses (including reasonable attorneys' fees) (collectively, "Losses") arising out of or relating to: (a) Customer Data, Inputs, or any Customer Application; (b) Customer's or any Authorized User's violation of these Terms (including Section 5) or applicable law; (c) Customer's submission of PHI absent an executed BAA, Customer's submission of any other Restricted Data in breach of Section 5, or Customer's failure to comply with HIPAA, state health-information laws, or any breach-notification obligation; (d) Customer's deployment, distribution, or operation of any Customer Application, whether or not completed by Engineer Services, including any data breach or security incident affecting a Customer Application; (e) Customer's instructions to Engineers, supervision of Engineers, or use of Engineer Services deliverables; (f) any claim that Customer Data, any Customer Application (including its name, branding, marketing, or distribution), or Customer's combination of Outputs with materials not provided by JetBridge infringes, misappropriates, or otherwise violates any third party's trademark, copyright, patent, trade-secret, or other intellectual-property or proprietary rights; (g) Customer's or any Authorized User's breach of any confidentiality, non-disclosure, non-compete, non-solicitation, invention-assignment, or other contractual obligation owed to any third party; (h) Customer's alleged or actual misclassification of any Engineer; or (i) any claim by an Agency Client, or by any client, customer, or end user of Customer or of any Agency Client (each as defined in Section 8.6), relating to a Customer Application, Customer's Agency Use, or Customer's products or services.
16.1 JetBridge Indemnification (Limited)
Subject to Section 17, JetBridge will defend Customer against any third-party claim alleging that the Platform, when used by Customer in accordance with these Terms and Documentation, directly infringes a U.S. patent, copyright, or trade secret of such third party (an "IP Claim"), and will pay damages and costs finally awarded by a court of competent jurisdiction or agreed in settlement. JetBridge's obligations exclude any IP Claim arising from: (i) Customer Data, Inputs, Outputs as combined with non-JetBridge materials, or any Customer Application; (ii) modifications to the Platform not made by JetBridge; (iii) use of Beta Features or use in combination with non-JetBridge products where the combination causes infringement; or (iv) use of the Platform after JetBridge has provided modifications or alternatives that would have avoided infringement. If the Platform becomes, or in JetBridge's reasonable opinion is likely to become, the subject of an IP Claim, JetBridge may, at its option and as Customer's sole and exclusive remedy: (1) procure the right for Customer to continue using the affected portion; (2) modify the Platform to be non-infringing; or (3) terminate the affected portion and refund the prorated portion of any prepaid fees for the unused term.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL JETBRIDGE OR ANY OF THE JETBRIDGE PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS, OPPORTUNITY, ANTICIPATED SAVINGS, USE, OR DATA, OR FOR THE COST OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STATUTORY, OR OTHERWISE) AND EVEN IF JETBRIDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE LIABILITY OF JETBRIDGE AND THE JETBRIDGE PARTIES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100) OR (B) THE FEES ACTUALLY PAID BY CUSTOMER TO JETBRIDGE FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. MULTIPLE CLAIMS WILL NOT EXPAND THIS CAP.
Free Trial; Beta Features. For all use of the Services during a Free Trial and for all Beta Features, JetBridge's aggregate liability is limited to one hundred U.S. dollars (US$100), and JetBridge will have no liability for indirect, incidental, special, consequential, exemplary, or punitive damages of any kind.
The limitations set forth in this Section 17 form an essential basis of the bargain between the parties and apply notwithstanding any failure of essential purpose of any limited remedy.
18. Dispute Resolution; Binding Arbitration; Class-Action Waiver
Informal resolution. Before initiating any formal dispute, the party with the claim will provide the other party with written notice describing the claim in reasonable detail and the relief sought. The parties will use good-faith efforts to resolve the dispute within sixty (60) days of such notice.
Binding arbitration. If the dispute is not resolved informally, the parties agree to resolve any and all disputes, claims, or controversies arising out of or relating to the Services or these Terms (each, a "Dispute") by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (or, where applicable, its Consumer Arbitration Rules). The arbitration will be conducted by a single arbitrator before AAA in Hillsborough County, Florida, United States, in the English language. Judgment on the award may be entered in any court of competent jurisdiction.
Class-action waiver. THE PARTIES AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING. IF THIS WAIVER IS HELD TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION 18 IS NULL AND VOID, AND THE DISPUTE WILL BE RESOLVED EXCLUSIVELY IN COURT AS DESCRIBED IN SECTION 19.
Mass-arbitration coordination. If twenty-five (25) or more similar arbitration claims are filed against JetBridge by or with the assistance of the same or coordinated counsel, the claims will be administered in batches of no more than fifty (50) at a time, with subsequent batches stayed pending completion of bellwether arbitrations and good-faith mediation among the parties. The parties shall reasonably cooperate to streamline procedure and minimize fees.
Exceptions. Notwithstanding the foregoing, either party may (a) bring an individual action in small-claims court, and (b) seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property, confidentiality, or unauthorized use of the Services.
Time limit. Any Dispute must be filed within one (1) year after the cause of action arose; otherwise it is permanently barred.
19. Governing Law; Venue
These Terms and any Dispute (whether or not subject to arbitration) are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws provisions, and excluding the United Nations Convention on Contracts for the International Sale of Goods. To the extent that any Dispute is not subject to arbitration under Section 18, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Hillsborough County, Florida, United States, and waive any objection based on inconvenient forum. The Federal Arbitration Act governs the interpretation and enforcement of Section 18.
20. International Users; Export Controls; Sanctions
The Services are provided from the United States. Customer is responsible for compliance with all applicable U.S. and foreign laws, including U.S. export-control laws (including the Export Administration Regulations) and economic sanctions administered by the Office of Foreign Assets Control. Customer represents and warrants that (a) Customer is not located in, ordinarily resident in, or organized under the laws of any country or region subject to comprehensive U.S. sanctions; (b) Customer is not on any U.S. or applicable sanctions, denied-parties, or restricted-parties list; and (c) Customer will not use the Services in violation of applicable export-control or sanctions laws.
21. General Provisions
- Entire Agreement. These Terms, together with any order form, SOW, BAA, DPA, or written agreement signed by the parties, constitute the entire agreement between the parties with respect to the subject matter and supersede all prior or contemporaneous understandings, including any conflicting terms in Customer purchase orders or vendor portals (which are hereby rejected).
- Modifications by JetBridge. JetBridge may modify these Terms from time to time. Material modifications will be communicated through reasonable means, which may include in-app notice, email, or notice on the AirCode website. Continued use of the Services after the effective date of any modification constitutes acceptance. If Customer does not agree, Customer must stop using the Services.
- No Modifications by Customer. No modification, amendment, or waiver of any provision of these Terms will be effective against JetBridge unless signed by an authorized representative of JetBridge. Click-wrap, shrink-wrap, browse-wrap, or vendor-portal terms (whether of Customer or its procurement systems) do not modify these Terms.
- Assignment. Customer may not assign or transfer the Agreement, by operation of law or otherwise, without JetBridge's prior written consent. JetBridge may assign these Terms in connection with a merger, acquisition, financing, reorganization, or sale of all or substantially all of its assets. Any prohibited assignment is void.
- No Waiver; Severability. No failure to exercise, or delay in exercising, any right will operate as a waiver. If any provision is held to be unenforceable, it will be modified to the minimum extent necessary to be enforceable, and the remaining provisions will remain in full force and effect.
- Force Majeure. Neither party will be liable for any delay or failure to perform (other than payment obligations) due to causes beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, governmental actions, internet or utility outages, denial-of-service attacks, third-party model or infrastructure failures, pandemics, and similar events.
- Independent Contractors. The parties are independent contractors. Nothing in the Agreement creates a partnership, joint venture, agency, fiduciary, or employment relationship.
- No Third-Party Beneficiaries. Except for the JetBridge Parties (who are intended third-party beneficiaries of the indemnification, limitation-of-liability, and disclaimer provisions), there are no third-party beneficiaries to these Terms.
- Notices. Notices to JetBridge must be sent by email to support@jetbridge.com with the subject line "Legal Notice." Notices to Customer may be given by email to the address associated with Customer's account or by in-app notice.
- Government Use. The Services are "commercial computer software" and the Documentation is "commercial computer software documentation." If Customer is a U.S. federal government entity or contractor, Customer's use is subject to FAR 12.212 and DFARS 227.7202, and Customer's rights are limited to those granted to all other end users.
- Headings; Drafting. Section headings are for convenience only and do not affect interpretation. The parties have had the opportunity to consult counsel and waive any rule of construction that ambiguities are resolved against the drafter.
- Trade Names. "JetBridge", "AirCode", and related logos are trademarks of JetBridge. Customer may not use them without JetBridge's prior written consent.
- Survival. Provisions of these Terms that by their nature should survive termination will survive, including those relating to intellectual property, payment, confidentiality, restrictive covenants (including Section 11.6), disclaimers, indemnification, limitation of liability, dispute resolution, and miscellaneous matters.
22. Contact
JetBridge Software Inc.
Support and legal notices: support@jetbridge.com
Web: https://aircode.build · https://aircode.jetbridge.com · https://aircode.host · https://jetbridge.com
© 2026 JetBridge Software Inc. All rights reserved. AirCode is a product of JetBridge Software Inc. This document is provided for informational purposes and does not constitute legal advice.
