Terms of Use
SID6 TERMS OF USE
These Terms of Use (the **“Terms”**, **“Agreement”**, or **“Master Terms”**) constitute a legally binding agreement between **SID6 LLC** (**“SID6,” “Provider,” “we,” “us,” or “our”**) and the individual or legal entity accessing or using the SID6 platform (**“Customer,” “Business,” “Subscriber,” “User,” “you,” or “your”**).
These Terms govern access to and use of the SID6 platform, applications, websites, APIs, integrations, automation systems, artificial-intelligence features, dashboards, business-management tools, ordering systems, scheduling systems, commerce functionality, analytics, storage, communication tools, infrastructure services, and any other functionality made available by SID6 from time to time (collectively, the **“Platform”** or **“Services”**).
These Terms should be read together with any applicable Subscription Agreement, Order Form, Schedule A, Privacy Policy, Cookie Policy, Data Processing Addendum, Service Level Agreement, Security Addendum, Acceptable Use Policy, and other written terms expressly incorporated by reference.
1. ACCEPTANCE, AUTHORITY, AND BUSINESS USE
1.1 Binding Agreement
BY CREATING AN ACCOUNT, ACCEPTING THESE TERMS, SUBSCRIBING TO A PLAN, ACCESSING THE PLATFORM, OR OTHERWISE USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.
If you do not agree to these Terms, you must not access or use the Services.
1.2 Authority to Bind a Business
If you access or use the Services on behalf of a company, organization, partnership, sole proprietorship, nonprofit organization, or other legal entity, you represent and warrant that:
(a) you have authority to act on behalf of that entity;
(b) you have authority to bind that entity to these Terms; and
(c) the entity accepts responsibility for all authorized users operating under its account.
1.3 Business and Professional Use
The Services are primarily designed and offered for business, commercial, organizational, and professional purposes.
Where a Customer subscribes as a business, the Customer represents that it is acting in the course of its trade, business, craft, or profession and not primarily as a consumer.
Nothing in these Terms excludes any statutory right that applicable law does not permit the parties to exclude.
1.4 Electronic Acceptance and Evidence
SID6 may record acceptance electronically, including the accepting user, Business, document version, document hash, timestamp, authentication context, applicable subscription snapshot, and other relevant technical evidence.
SID6 may cryptographically sign or seal such records.
Such records constitute tamper-evident electronic evidence of the acceptance event and the version presented to the accepting party, subject to applicable law.
No internal SID6 cryptographic mechanism is represented as constituting a qualified electronic signature, notarization, or equivalent legal instrument unless expressly identified as such.
2. CONTRACTUAL DOCUMENTS AND ORDER OF PRECEDENCE
The contractual relationship between SID6 and a Customer may include several documents.
Unless expressly stated otherwise, conflicts are resolved in the following order:
1. a specifically negotiated and executed Enterprise Order Form;
2. Schedule A or other Customer-specific commercial schedule;
3. the applicable Subscription Agreement;
4. the applicable Service Level Agreement;
5. the applicable Data Processing Addendum;
6. these Terms;
7. applicable policies and technical documentation.
A more specific provision governs over a more general provision solely with respect to the subject matter it specifically addresses.
Mandatory law prevails where contractual modification is not legally permitted.
3. ACCOUNT REGISTRATION AND ADMINISTRATION
3.1 Account Information
Customer must provide accurate, complete, and current information when creating and maintaining an account.
Customer is responsible for keeping administrative, business, billing, tax, and contact information current.
3.2 Account Administration
The Customer is responsible for:
(a) designating appropriate account administrators;
(b) managing authorized users;
(c) assigning roles and permissions;
(d) promptly removing users who should no longer have access;
(e) reviewing privileged access;
(f) protecting authentication credentials; and
(g) controlling access to connected integrations.
3.3 Credential Security
Customer must keep passwords, authentication factors, API keys, access tokens, private keys, recovery credentials, and similar authentication information confidential.
Credentials must not be shared publicly or with unauthorized persons.
3.4 Activity Under Customer Accounts
Customer is responsible for activity performed through its account by authorized users and for unauthorized activity to the extent caused by Customer's failure to satisfy its responsibilities under these Terms.
Customer must notify SID6 without undue delay after becoming aware of suspected unauthorized access.
4. PERPETUAL BETA AND CONTINUOUS DEVELOPMENT
4.1 Perpetual Beta Model
Customer acknowledges that SID6 operates the Platform under a continuous-development model referred to as **“Perpetual Beta,” “Always Beta,” or “Continuous Beta.”**
This means that the Platform is continuously:
developed;
optimized;
patched;
tested;
deployed;
expanded;
refactored;
secured;
improved; and
adapted to changing technical and commercial requirements.
4.2 Nature of the Model
The Perpetual Beta designation describes SID6's software-development and deployment methodology.
It does not eliminate or reduce:
(a) an express Service Level Commitment;
(b) applicable data-protection obligations;
(c) applicable security obligations;
(d) confidentiality obligations; or
(e) any responsibility that applicable law does not permit SID6 to exclude.
4.3 Software Imperfections
Customer understands that a continuously evolving software platform may experience:
bugs;
regressions;
unexpected behavior;
compatibility issues;
temporary degradation;
latency;
incomplete functionality;
transient errors;
interface changes;
technical anomalies; and
other software imperfections.
SID6 does not warrant that the Platform will be entirely error-free.
4.4 Remediation
Upon becoming aware of a material production defect, SID6 will use commercially reasonable efforts to investigate, mitigate, and remediate the issue.
Prioritization may consider:
security severity;
effect on Customer Data;
availability impact;
number of affected Customers;
business impact;
complexity;
technical risk;
dependency availability; and
potential impact of deploying a correction.
SID6 does not guarantee that every defect will be corrected immediately or within a fixed period unless an applicable written agreement expressly establishes such a commitment.
4.5 Continuous Changes
SID6 may modify technical implementations, user interfaces, workflows, internal architecture, integrations, APIs, infrastructure, deployment methods, and non-material functionality as part of continuous development.
SID6 may also replace a feature with substantially equivalent functionality.
Where a paid Customer has an applicable contractual feature guarantee, SID6 will not use the Perpetual Beta designation solely to remove the material commercial value of a guaranteed paid entitlement.
4.6 Commercial Pricing
SID6 may offer free, discounted, promotional, introductory, early-stage, regional, or competitively structured pricing reflecting, among other factors:
continuous development;
evolving functionality;
automation;
infrastructure efficiency;
market conditions; and
SID6's commercial strategy.
A discount or reduced price does not constitute a waiver of non-waivable statutory rights or an express obligation separately undertaken by SID6.
5. BETA, PREVIEW, EXPERIMENTAL, AND EARLY ACCESS FEATURES
SID6 may designate features as:
Beta;
Preview;
Experimental;
Alpha;
Early Access;
Labs;
Developer Preview; or
similar terminology.
Such features may be modified, limited, suspended, withdrawn, or replaced at any time.
Unless expressly stated otherwise in an applicable Order Form or Schedule A:
(a) experimental features are not subject to a contractual availability SLA;
(b) they may contain defects or incomplete functionality;
(c) compatibility may change without advance notice;
(d) they should not be relied upon as the sole basis for critical business operations; and
(e) SID6 may impose additional technical or usage restrictions.
6. LICENSE AND PERMITTED USE
Subject to compliance with these Terms and payment of applicable fees, SID6 grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services for Customer's internal business purposes during the applicable subscription period.
No ownership interest in the Platform is transferred to Customer.
7. ACCEPTABLE USE AND PLATFORM INTEGRITY
Customer must not, and must not permit any third party to:
(a) access or use the Platform unlawfully;
(b) attempt unauthorized access to SID6 systems or another Customer's systems or data;
(c) circumvent authentication, authorization, isolation, rate limits, security controls, access restrictions, or usage quotas;
(d) interfere with or materially impair Platform operation;
(e) upload or distribute malicious software, exploits, ransomware, destructive code, or unauthorized automated attacks;
(f) intentionally probe, scan, or test Platform vulnerabilities without SID6's prior written authorization;
(g) scrape, harvest, systematically extract, or bulk-export Platform data except through functionality expressly provided by SID6;
(h) reverse engineer, decompile, disassemble, or attempt to derive non-public source code, algorithms, models, or proprietary architecture except to the limited extent such restriction is prohibited by applicable law;
(i) use the Services to infringe intellectual-property, privacy, publicity, confidentiality, or other rights;
(j) use the Services to facilitate fraud, abuse, harassment, illegal discrimination, unlawful surveillance, or criminal activity;
(k) impersonate another person or organization;
(l) intentionally provide false identity or billing information;
(m) resell, sublicense, or commercially redistribute the Platform except under a written SID6 partner or reseller agreement;
(n) use SID6 systems to conduct denial-of-service attacks or other abusive traffic generation; or
(o) materially exceed documented technical limits in a manner that threatens Platform stability.
SID6 may suspend or restrict access where reasonably necessary to protect Customers, infrastructure, security, legal compliance, or Platform integrity.
8. CUSTOMER DATA
8.1 Ownership
As between SID6 and Customer, Customer retains ownership of Customer Data.
**“Customer Data”** means information, records, content, files, business data, personal data, transactional records, configurations, and other material submitted to or processed through the Platform on behalf of Customer.
8.2 Limited Processing Rights
Customer grants SID6 the limited rights necessary to host, transmit, process, reproduce, transform, back up, secure, display, and otherwise handle Customer Data solely as reasonably necessary to:
(a) provide the Services;
(b) secure and maintain the Platform;
(c) comply with Customer's lawful instructions;
(d) prevent fraud or abuse;
(e) comply with applicable law; and
(f) perform other processing described in the applicable Privacy Policy or Data Processing Addendum.
8.3 Customer Responsibility for Submitted Data
Customer represents and warrants that it has the rights, permissions, notices, lawful bases, and authorizations required for the Customer Data it submits to SID6.
Customer is responsible for determining whether its collection, use, retention, disclosure, and instructions regarding Customer Data comply with laws applicable to Customer.
9. DATA PROTECTION AND PRIVACY
9.1 Roles
Depending on the processing activity, SID6 may act as an independent controller, processor, service provider, contractor, or equivalent role under applicable privacy law.
Where SID6 processes Personal Data on behalf of Customer as a processor or service provider, the applicable Data Processing Addendum governs that processing.
9.2 Data Processing Addendum
Where legally required, the SID6 Data Processing Addendum is incorporated into these Terms by reference.
The Data Processing Addendum may address:
processing instructions;
confidentiality;
security measures;
subprocessors;
data-subject requests;
international transfers;
incident notification;
audits;
data return and deletion; and
other legally required processor obligations.
9.3 Subprocessors
SID6 may use third-party infrastructure and service providers to operate the Platform.
Where required by applicable law, SID6 will maintain appropriate contractual protections and a subprocessor governance process.
The identity of infrastructure or service providers may change over time.
Use of a particular infrastructure provider does not constitute a guarantee that such provider will remain permanently part of SID6's architecture.
9.4 International Data Transfers
Where Customer Data is transferred internationally, SID6 will use an appropriate lawful transfer mechanism where required by applicable law.
10. ARTIFICIAL INTELLIGENCE AND AUTOMATED FEATURES
10.1 AI Functionality
The Platform may include generative, predictive, classificatory, recommendation, optimization, automation, conversational, analytical, or other artificial-intelligence functionality.
10.2 Probabilistic Outputs
Customer acknowledges that AI-generated or AI-assisted outputs may be probabilistic and may:
contain inaccuracies;
be incomplete;
become outdated;
produce unexpected results;
differ between executions;
contain incorrect assumptions; or
require human interpretation.
10.3 Human Verification
Customer is responsible for reviewing and validating AI Outputs before relying on them for material business, financial, employment, medical, legal, safety, regulatory, or other consequential decisions.
Unless expressly agreed otherwise, AI functionality is an assistance tool and not a substitute for qualified professional judgment.
10.4 Automated Execution
Where SID6 allows a Customer to configure automated actions, workflows, transactions, notifications, scheduling, ordering, or other automated operations, Customer remains responsible for the rules, permissions, thresholds, and instructions that Customer configures.
10.5 AI Transparency
Where required by applicable law, SID6 may identify AI-generated interactions or outputs and implement other transparency mechanisms.
10.6 Model Training
Unless Customer expressly agrees otherwise, SID6 will not intentionally use Customer's non-public proprietary Customer Data to train a general-purpose model for unrelated customers.
This Section does not prohibit:
(a) processing required to generate Customer-requested outputs;
(b) security and abuse detection;
(c) de-identified or aggregated analytics that do not identify Customer or individuals where legally permitted;
(d) Customer-authorized fine-tuning or customization; or
(e) processing expressly disclosed in another applicable agreement or policy.
11. SHARED SECURITY RESPONSIBILITY
11.1 SID6 Responsibilities
SID6 will maintain commercially reasonable administrative, technical, and organizational safeguards for systems under SID6's control, taking into account:
the nature of the Services;
reasonably foreseeable threats;
technical feasibility;
the sensitivity of processed information;
prevailing industry practices; and
applicable legal requirements.
11.2 Customer Responsibilities
Customer is responsible for:
(a) protecting Customer-controlled credentials;
(b) securing Customer devices and endpoints;
(c) maintaining appropriate access permissions;
(d) configuring Customer-controlled security settings;
(e) promptly revoking unauthorized or obsolete access;
(f) protecting locally exported or downloaded data;
(g) securing Customer-controlled integrations;
(h) maintaining Customer-side systems;
(i) ensuring users follow reasonable security practices; and
(j) notifying SID6 promptly after discovering suspected unauthorized access.
11.3 No Absolute Security Guarantee
No Internet-connected system can be guaranteed to be immune from all:
vulnerabilities;
zero-day exploits;
malware;
social engineering;
credential theft;
malicious attacks;
supply-chain compromises;
telecommunications failures; or
unauthorized access.
SID6 does not represent that the Platform is “unhackable,” “perfectly secure,” or immune from all security incidents.
11.4 Security Incidents Do Not Automatically Establish Liability
The discovery of a vulnerability or occurrence of a Security Incident does not, by itself, establish negligence, breach of contract, or legal liability.
Responsibility depends on the cause of the event, the obligations applicable to each party, the systems under each party's control, and applicable law.
12. CUSTOMER-CAUSED SECURITY EVENTS
To the maximum extent permitted by applicable law, SID6 will not be responsible for loss, unauthorized access, disclosure, corruption, modification, compromise, or unavailability to the extent caused by:
(a) Customer's disclosure of credentials;
(b) compromised Customer devices or networks not caused by SID6;
(c) Customer's failure to remove unauthorized users;
(d) Customer-configured insecure permissions;
(e) Customer-controlled integrations;
(f) third-party software selected independently by Customer;
(g) Customer's instructions;
(h) Customer's use of the Platform contrary to documentation or reasonable security guidance;
(i) unlawful or unauthorized Customer Data;
(j) malicious, fraudulent, negligent, or unauthorized conduct of Customer personnel, contractors, or users; or
(k) events occurring outside systems reasonably controlled by SID6.
This exclusion applies only to the extent the relevant event was caused by such circumstances.
It does not apply to the extent a breach of an applicable SID6 obligation materially contributed to the event.
Customer's lawful decision to submit data to SID6 does not, by itself, make Customer legally responsible for a security failure occurring within systems under SID6's control.
Similarly, SID6's processing of Customer Data does not make SID6 responsible for an incident caused by systems, credentials, permissions, instructions, or actions under Customer's control.
13. SECURITY INCIDENT RESPONSE
If SID6 confirms a Security Incident affecting Customer Personal Data or Customer systems and notification is required under an applicable agreement or law, SID6 will notify affected Customer without undue delay.
SID6 may provide information progressively as its investigation develops.
Where reasonably available, SID6 may provide information regarding:
nature of the incident;
affected systems;
categories of affected information;
known or reasonably suspected impact;
containment measures;
mitigation steps; and
relevant recommended Customer actions.
Customer remains responsible for notifications to regulators, data subjects, employees, customers, or other parties where applicable law assigns such obligation to Customer.
Nothing in a Security Incident notification constitutes an admission of fault, negligence, breach, or liability.
14. THIRD-PARTY SERVICES AND INFRASTRUCTURE
14.1 Dependencies
The Platform may rely on third-party:
cloud infrastructure;
hosting providers;
network operators;
telecommunications providers;
DNS providers;
payment processors;
banking networks;
email providers;
mapping providers;
delivery platforms;
messaging providers;
artificial-intelligence providers;
identity providers;
software libraries;
APIs; and
other external systems.
14.2 Independent Third Parties
Third-party services may be subject to their own terms, availability, geographic restrictions, policies, technical limitations, and service levels.
SID6 does not control all third-party infrastructure.
14.3 Third-Party Failures
SID6 is not liable, to the maximum extent permitted by applicable law, for an interruption or degradation to the extent directly caused by an external service failure that:
(a) is outside SID6's reasonable control;
(b) was not caused by SID6's violation of an express obligation; and
(c) could not reasonably have been prevented or materially mitigated through safeguards SID6 expressly committed to maintain.
The mere involvement of a third-party provider in an incident does not automatically classify the incident as outside SID6's responsibility.
14.4 Third-Party Integrations Selected by Customer
Customer assumes responsibility for integrations, third-party applications, credentials, configurations, and services independently enabled, selected, supplied, or controlled by Customer.
15. SERVICE AVAILABILITY AND SERVICE LEVELS
15.1 Applicability
A contractual availability commitment applies only where Customer's paid plan, Subscription Agreement, Schedule A, or Order Form expressly identifies the subscription as **SLA-eligible**.
Free, trial, complimentary, Preview, Experimental, Beta, and Early Access Services do not receive a contractual availability SLA unless expressly stated otherwise.
15.2 Standard Availability Commitment
For eligible paid subscriptions without a different written SLA, SID6 will use commercially reasonable efforts to provide the applicable Covered Services with a **Monthly Availability Percentage of at least 99.0%**.
SID6 may internally target availability above 99.0%.
Historical uptime, engineering objectives, public metrics, status-page performance, or marketing statements do not create a higher contractual commitment unless expressly incorporated into the applicable Customer agreement.
15.3 Covered Services
**“Covered Services”** means production services expressly designated as SLA-covered for the applicable subscription.
Unless expressly included, Covered Services do not include:
Beta or Preview features;
AI output quality;
asynchronous analytics;
experimental functionality;
unsupported integrations;
Customer-controlled infrastructure;
Customer Internet connectivity;
Customer devices;
third-party payment networks;
telecommunications networks; or
third-party services outside SID6's reasonable control.
15.4 Monthly Availability Percentage
Monthly Availability Percentage is calculated as:
**((Eligible Minutes − Downtime Minutes) / Eligible Minutes) × 100**
for the applicable calendar month.
15.5 Downtime
**“Downtime”** means a period during which a Covered Service is materially unavailable for valid production use by affected Customers.
Downtime does not include isolated user-session errors, individual failed requests, immaterial degradation, or Customer-specific conditions that do not materially prevent use of the Covered Service.
15.6 Measurement
SID6 production telemetry, external health checks, logs, monitoring systems, and incident records are the primary sources used to determine availability.
Customer may submit reasonably documented evidence of an alleged outage for review.
SID6 will investigate material discrepancies in good faith.
16. MAINTENANCE
16.1 Scheduled Maintenance
SID6 may perform Scheduled Maintenance for:
software deployment;
infrastructure upgrades;
database maintenance;
migrations;
security improvements;
performance optimization;
architecture changes;
capacity work; and
other operational requirements.
SID6 will use commercially reasonable efforts to provide at least forty-eight (48) hours' advance notice of material Scheduled Maintenance where practicable.
Notice may be delivered through:
the Platform;
status page;
email;
dashboard notification; or
another reasonable communication channel.
Properly notified Scheduled Maintenance may be excluded from SLA Downtime.
16.2 Extraordinary and Emergency Maintenance
SID6 may perform extraordinary or emergency maintenance without advance notice where SID6 reasonably determines that immediate intervention is necessary to:
(a) remediate or contain a critical vulnerability;
(b) respond to an active Security Incident;
(c) protect Customer Data;
(d) preserve Platform integrity;
(e) prevent or mitigate cascading failure;
(f) restore materially impaired infrastructure;
(g) comply with an urgent legal or regulatory requirement;
(h) address a severe infrastructure dependency failure; or
(i) prevent material harm to Customers or the Platform.
SID6 will use commercially reasonable efforts to minimize the duration and Customer impact of Extraordinary Maintenance and to provide notice as soon as reasonably practicable.
An incident may not be retrospectively classified as Extraordinary Maintenance solely for the purpose of avoiding an SLA obligation.
17. SLA EXCLUDED EVENTS
Availability calculations may exclude downtime caused by:
(a) Scheduled Maintenance properly handled under these Terms;
(b) Extraordinary Maintenance qualifying under Section 16;
(c) force majeure events;
(d) Customer systems or configurations;
(e) Customer credentials, devices, networks, or endpoints;
(f) Customer-controlled integrations;
(g) suspension permitted by these Terms;
(h) Customer's breach of these Terms;
(i) unlawful or abusive Customer activity;
(j) third-party failures qualifying under Section 14.3;
(k) general Internet or telecommunications failures outside SID6's reasonable control;
(l) attacks of extraordinary scale that could not reasonably have been prevented through commercially reasonable safeguards;
(m) emergency governmental or regulatory intervention; or
(n) other circumstances expressly excluded in an applicable SLA or Order Form.
Excluded Events apply only to the extent they materially caused the relevant unavailability.
18. SERVICE CREDITS
Where SID6 fails to satisfy the applicable standard 99.0% Service Commitment for an eligible subscription, Customer may request the following Service Credit:
| Monthly Availability Percentage | Service Credit |
| --- | ---: |
| 99.0% or higher | 0% |
| 98.0% to less than 99.0% | 5% |
| 95.0% to less than 98.0% | 10% |
| Less than 95.0% | 20% |
Service Credits are calculated against the recurring monthly subscription fee attributable to the affected SLA-eligible Service.
Service Credits:
(a) are applied against future SID6 subscription charges;
(b) are not cash payments;
(c) are not transferable;
(d) have no cash value;
(e) may not exceed twenty percent (20%) of the applicable monthly recurring subscription fee unless another written agreement expressly provides otherwise.
Subject to applicable non-waivable law, Service Credits constitute Customer's sole and exclusive contractual remedy specifically for failure to satisfy the availability Service Commitment.
This exclusive SLA remedy does not eliminate rights arising from a separate violation of law or another independent contractual obligation.
18.1 Credit Requests
Customer must submit a Service Credit claim within thirty (30) days after the end of the calendar month in which the alleged SLA failure occurred.
The request must reasonably identify:
Customer;
affected Business;
Covered Service;
approximate outage period; and
available supporting information.
Failure to submit a timely claim waives the contractual Service Credit to the extent permitted by applicable law.
19. FEES, BILLING, TAXES, AND SUBSCRIPTIONS
Paid subscriptions are additionally governed by the applicable Subscription Agreement, Order Form, or Schedule A.
Customer is responsible for:
(a) subscription fees;
(b) usage charges;
(c) applicable taxes, duties, levies, or similar governmental assessments, except taxes based on SID6's net income where legally applicable; and
(d) maintaining valid and accurate billing information.
SID6 may suspend or restrict paid functionality following non-payment in accordance with the applicable subscription terms and applicable law.
20. INTELLECTUAL PROPERTY
20.1 SID6 Property
SID6 and its licensors retain all rights, title, and interest in and to:
Platform software;
source code;
object code;
APIs;
models;
algorithms;
automation systems;
architecture;
designs;
documentation;
trademarks;
logos;
databases;
workflows;
inventions;
trade secrets;
improvements; and
other SID6 intellectual property.
20.2 Customer Property
Customer retains ownership of Customer Data and Customer intellectual property.
20.3 Feedback
If Customer voluntarily provides ideas, suggestions, recommendations, or feedback concerning the Platform, Customer grants SID6 a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate such feedback without obligation to Customer, provided SID6 does not thereby acquire ownership of Customer Confidential Information.
20.4 Publicity
SID6 will not imply Customer endorsement without authorization.
Where Customer has granted permission for use of its name or logo, that permission may be governed by the applicable Subscription Agreement, Order Form, or separately agreed marketing authorization.
21. CONFIDENTIALITY
Each party may receive non-public information from the other that is designated confidential or should reasonably be understood to be confidential given the nature of the information and circumstances of disclosure.
The receiving party will:
(a) use Confidential Information only as necessary for the contractual relationship;
(b) protect it using reasonable care;
(c) disclose it only to personnel, contractors, advisers, or subprocessors with a legitimate need to know and appropriate confidentiality obligations; and
(d) not disclose it to third parties except as authorized or legally required.
Confidential Information does not include information that the receiving party can demonstrate:
was lawfully known without restriction;
becomes public without breach;
is lawfully received from another source without confidentiality restriction; or
is independently developed without use of the disclosing party's Confidential Information.
22. DATA EXPORT, EXIT, AND SWITCHING
SID6 may provide data-export functionality depending on Customer's plan and the relevant Service.
Following cancellation or termination, Customer should export data it wishes to retain within the period made available by SID6.
Where applicable law imposes specific data portability, switching, transition, export, retrieval, or deletion obligations, SID6 will provide the legally required functionality and assistance subject to the applicable contractual terms.
SID6 may retain limited information after termination where reasonably necessary for:
legal compliance;
fraud prevention;
billing;
dispute resolution;
security;
backup integrity; or
enforcement of contractual rights.
Retention and deletion practices are further governed by the applicable Privacy Policy and Data Processing Addendum.
23. WARRANTY DISCLAIMER
EXCEPT FOR EXPRESS COMMITMENTS SPECIFICALLY SET FORTH IN THESE TERMS, AN APPLICABLE SLA, DPA, SUBSCRIPTION AGREEMENT, ORDER FORM, OR OTHER EXECUTED AGREEMENT, AND EXCEPT TO THE EXTENT A WARRANTY CANNOT LAWFULLY BE EXCLUDED, THE SERVICES ARE PROVIDED ON AN **“AS IS”** AND **“AS AVAILABLE”** BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SID6 DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING WARRANTIES OF:
MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
TITLE;
NON-INFRINGEMENT;
QUIET ENJOYMENT;
SATISFACTORY QUALITY; AND
WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
SID6 DOES NOT WARRANT THAT:
(a) THE SERVICES WILL BE COMPLETELY ERROR-FREE;
(b) EVERY DEFECT WILL BE CORRECTED IMMEDIATELY;
(c) EVERY FEATURE WILL REMAIN PERMANENTLY AVAILABLE;
(d) THE PLATFORM WILL BE IMMUNE FROM ALL SECURITY INCIDENTS;
(e) EVERY THIRD-PARTY INTEGRATION WILL REMAIN AVAILABLE;
(f) AI OUTPUTS WILL ALWAYS BE ACCURATE OR SUITABLE FOR CUSTOMER'S PURPOSE;
(g) THE PLATFORM WILL ACHIEVE A PARTICULAR BUSINESS, FINANCIAL, COMMERCIAL, OR OPERATIONAL RESULT; OR
(h) CUSTOMER'S USE OF THE SERVICES WILL, BY ITSELF, SATISFY CUSTOMER'S LEGAL OR REGULATORY OBLIGATIONS.
24. LIMITATION OF LIABILITY
24.1 Exclusion of Indirect Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SID6 NOR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS WILL BE LIABLE FOR ANY:
INDIRECT;
INCIDENTAL;
SPECIAL;
EXEMPLARY;
PUNITIVE; OR
CONSEQUENTIAL
DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS.
THIS INCLUDES, TO THE MAXIMUM EXTENT PERMITTED BY LAW:
LOST PROFITS;
LOST REVENUE;
LOST BUSINESS OPPORTUNITY;
LOST GOODWILL;
BUSINESS INTERRUPTION;
WORK STOPPAGE;
LOST ANTICIPATED SAVINGS;
REPUTATIONAL DAMAGE;
LOSS ARISING FROM THIRD-PARTY CLAIMS;
LOSS CAUSED BY RELIANCE ON UNVERIFIED AI OUTPUTS; OR
COST OF SUBSTITUTE PRODUCTS OR SERVICES.
24.2 Aggregate Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SID6'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE, WILL NOT EXCEED THE TOTAL FEES ACTUALLY PAID OR PAYABLE BY CUSTOMER TO SID6 FOR THE AFFECTED SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM.
For a claim relating exclusively to a free Service for which Customer paid no fees, SID6's aggregate contractual liability will not exceed USD $100, except where applicable law requires otherwise.
24.3 Allocation of Risk
Customer acknowledges that pricing for the Services reflects the allocation of risk established by these Terms.
The liability exclusions and limitations are fundamental elements of the agreement between Customer and SID6.
24.4 Non-Waivable Liability
Nothing in these Terms excludes or limits liability to the extent such liability cannot lawfully be excluded or limited under applicable law.
The limitations in these Terms apply to the maximum extent legally permitted.
25. INDEMNIFICATION
25.1 Customer Indemnification
To the extent permitted by applicable law, Customer will defend, indemnify, and hold harmless SID6 and its affiliates, directors, officers, employees, and agents from third-party claims, damages, liabilities, judgments, penalties, and reasonable legal costs arising from:
(a) Customer Data;
(b) Customer's unlawful use of the Services;
(c) Customer's violation of these Terms;
(d) Customer's infringement of third-party rights;
(e) Customer's unlawful collection or processing of Personal Data;
(f) Customer-controlled integrations;
(g) Customer's instructions to SID6;
(h) Customer's violation of laws applicable to Customer's business; or
(i) fraudulent, malicious, or unauthorized activity conducted through Customer's account to the extent caused by Customer or its users.
25.2 SID6 Intellectual-Property Indemnification
For eligible paid Customers, SID6 will defend Customer against a third-party claim alleging that Customer's authorized use of the unmodified core SID6 Service directly infringes a valid third-party copyright or patent, provided Customer:
(a) promptly notifies SID6;
(b) gives SID6 control over defense and settlement; and
(c) reasonably cooperates.
SID6 has no obligation for claims arising from:
Customer Data;
Customer modifications;
combinations with products not supplied by SID6;
continued use after notice of alleged infringement;
Customer specifications; or
use contrary to documentation.
SID6 may, at its option:
1. obtain the right for Customer to continue using the affected Service;
2. modify or replace the affected functionality;
3. provide substantially equivalent functionality; or
4. terminate the affected Service and refund any applicable unused prepaid fees.
This Section states SID6's contractual obligations regarding third-party intellectual-property infringement claims, subject to applicable law.
26. SUSPENSION
SID6 may immediately suspend or restrict access where reasonably necessary because of:
(a) an actual or suspected security threat;
(b) unlawful use;
(c) serious violation of these Terms;
(d) material risk to another Customer;
(e) infrastructure abuse;
(f) fraudulent activity;
(g) non-payment;
(h) sanctions or export-control restrictions;
(i) a lawful governmental request;
(j) a material threat to Platform stability; or
(k) circumstances requiring emergency protection of Customer Data or SID6 systems.
Where practicable and legally permitted, SID6 will provide notice and an opportunity to remediate.
SID6 may limit suspension to the affected account, user, integration, workload, feature, or Business where reasonably possible.
27. TERMINATION
27.1 Customer Termination
Customer may cancel a subscription in accordance with the applicable Subscription Agreement.
27.2 Termination for Breach
Either party may terminate the contractual relationship for material breach if the breach remains uncured after thirty (30) days following written notice, unless:
the breach cannot reasonably be cured;
immediate termination is permitted elsewhere in these Terms; or
applicable law requires another procedure.
27.3 Immediate Termination
SID6 may terminate immediately for:
fraudulent use;
deliberate security attacks;
serious illegal activity;
repeated material violations;
sanctions restrictions;
intentional interference with the Platform; or
circumstances where continued service would create material legal or security risk.
27.4 Effect of Termination
Upon termination:
(a) Customer's right to access paid Services ends in accordance with the applicable subscription terms;
(b) amounts already due remain payable;
(c) applicable data-export and retention provisions apply;
(d) provisions intended by their nature to survive termination remain effective.
28. FORCE MAJEURE
Neither party will be liable for failure or delay caused by events outside its reasonable control, except for payment obligations already due.
Force majeure events may include:
natural disasters;
war;
terrorism;
civil unrest;
labor disruption;
major Internet disruption;
governmental action;
widespread telecommunications failure;
extraordinary cyberattack;
utility failure;
pandemic;
epidemic;
fire;
flood;
earthquake;
embargo;
sanctions;
catastrophic infrastructure failure; or
comparable events beyond the affected party's reasonable control.
The affected party will use commercially reasonable efforts to mitigate the impact.
29. EXPORT CONTROLS AND SANCTIONS
Customer must comply with applicable export-control, sanctions, embargo, and trade-restriction laws.
Customer represents that it will not knowingly use the Services in violation of applicable restrictions or make the Services available to prohibited persons or entities.
SID6 may restrict or terminate access where reasonably necessary to comply with applicable trade laws.
30. CHANGES TO THE SERVICES
SID6 may improve, modify, replace, discontinue, or introduce Services from time to time.
Where a modification materially affects a paid contractual entitlement, applicable Subscription Agreement, price guarantee, Order Form, or other specific contractual commitment controls.
SID6 may immediately modify or withdraw functionality where reasonably necessary because of:
security;
law;
regulatory requirements;
third-party dependency changes;
intellectual-property concerns;
technical obsolescence;
abuse;
Platform integrity; or
material operational risk.
31. CHANGES TO THESE TERMS
SID6 may update these Terms from time to time.
31.1 Non-Material Changes
Administrative, clarifying, technical, formatting, or non-material updates may become effective following publication or notice.
Continued use after the effective date may constitute acceptance where legally permitted.
31.2 Material Changes
Where a change materially affects Customer's legal or commercial position, SID6 may require affirmative re-acceptance.
Material changes may include significant modifications to:
liability allocation;
arbitration;
governing law;
Customer Data use;
privacy rights;
automatic renewal;
material payment obligations;
SLA reductions; or
other material contractual rights.
Where affirmative acceptance is required, SID6 may restrict continued use until the authorized representative accepts the updated version.
31.3 Acceptance Records
SID6 may maintain separate acceptance records for each material version.
32. NOTICES
SID6 may provide notices through:
email;
account dashboard;
Platform notification;
status page;
contractual notice system; or
another reasonable electronic method.
Customer is responsible for maintaining current contact information.
Formal legal notices to SID6 must be sent through the legal contact method published by SID6 or otherwise specified in the applicable Subscription Agreement.
33. ASSIGNMENT
Customer may not assign or transfer these Terms or a subscription without SID6's prior written consent, except where applicable law provides otherwise.
SID6 may assign these Terms in connection with:
corporate restructuring;
merger;
acquisition;
financing;
reorganization;
change of control; or
transfer of substantially all relevant assets or business operations.
34. INDEPENDENT CONTRACTORS
SID6 and Customer are independent contracting parties.
Nothing in these Terms creates:
a partnership;
joint venture;
fiduciary relationship;
franchise;
employment relationship; or
agency relationship.
Neither party may bind the other except as expressly authorized.
35. NO THIRD-PARTY BENEFICIARIES
Except where expressly stated, these Terms do not create enforceable rights for any person or entity other than SID6 and Customer.
36. GOVERNING LAW
Except where mandatory applicable law requires otherwise, these Terms and any contractual dispute arising out of or relating to them are governed by the laws of the **State of Delaware, United States**, without regard to conflict-of-laws principles.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Nothing in this Section deprives a party of protections that applicable law does not permit it to waive.
37. BINDING ARBITRATION
Except for claims expressly excluded below or where applicable law prohibits enforcement, any dispute, controversy, or claim arising out of or relating to these Terms, the Services, or the relationship between Customer and SID6 will be resolved by binding individual arbitration administered by the **International Chamber of Commerce (ICC)** under its applicable Rules of Arbitration.
Unless otherwise agreed:
the seat of arbitration will be Wilmington, Delaware, United States;
proceedings will be conducted in English;
the tribunal will have authority to determine its own jurisdiction;
the award will be final and binding; and
judgment on the award may be entered in any court of competent jurisdiction.
Either party may seek temporary or injunctive relief from a court of competent jurisdiction where reasonably necessary to protect intellectual property, Confidential Information, security, or prevent unauthorized system access pending arbitration.
38. CLASS ACTION AND JURY TRIAL WAIVER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING.
THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL TO THE EXTENT SUCH WAIVER IS LEGALLY PERMITTED.
39. SEVERABILITY
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent legally permissible or modified to reflect its intended commercial purpose as closely as possible.
The remaining provisions remain in effect.
40. NO WAIVER
Failure by either party to enforce a provision does not waive that provision or the right to enforce it later.
Any waiver must be express.
41. HEADINGS
Section headings are for convenience only and do not affect interpretation.
42. LANGUAGE
These Terms may be translated for convenience.
Unless applicable law requires otherwise or SID6 expressly agrees to another controlling language, the English version governs in the event of conflict between translations.
43. ENTIRE AGREEMENT
These Terms, together with the applicable:
Subscription Agreement;
Schedule A;
Order Form;
Service Level Agreement;
Data Processing Addendum;
Privacy Policy;
Cookie Policy;
Security Addendum;
Acceptable Use Policy; and
any other expressly incorporated written terms,
constitute the entire agreement between SID6 and Customer regarding the subject matter covered by them and supersede prior discussions, representations, or understandings concerning that subject matter.
44. SURVIVAL
Sections that by their nature should survive termination will remain effective after termination, including provisions concerning:
intellectual property;
confidentiality;
payment obligations;
Customer Data obligations;
warranty disclaimers;
liability limitations;
indemnification;
dispute resolution;
governing law;
audit and evidentiary records; and
other accrued rights and obligations.
45. CONTACT AND LEGAL INFORMATION
The Services are provided by:
**SID6 LLC**
Legal address: **[INSERT SID6 LLC REGISTERED / BUSINESS ADDRESS]**
Legal notices: **[INSERT LEGAL NOTICE EMAIL]**
Privacy inquiries: **[INSERT PRIVACY EMAIL]**
Security reports: **[INSERT SECURITY EMAIL OR SECURITY REPORTING URL]**
Support: **[INSERT SUPPORT CONTACT]**
Website: **[INSERT OFFICIAL SID6 WEBSITE]**
Customers should use the applicable support, privacy, security, or legal channel depending on the nature of the request.
46. ACKNOWLEDGMENT
BY ACCEPTING THESE TERMS, CUSTOMER ACKNOWLEDGES THAT:
1. SID6 operates under a continuous-development **Perpetual Beta** model;
2. continuous development may involve changes, bugs, temporary anomalies, and extraordinary maintenance;
3. the Perpetual Beta model does not eliminate SID6's express contractual or non-waivable legal obligations;
4. SLA-eligible paid Services are subject to the applicable availability commitment, which is **99.0% Monthly Availability** under the standard SLA unless another written commitment applies;
5. security is a shared responsibility between SID6 and Customer;
6. Customer is responsible for credentials, users, Customer-controlled systems, permissions, integrations, instructions, and the lawful submission of Customer Data;
7. SID6 remains responsible for obligations applicable to systems and processing under SID6's control;
8. no Internet-connected system can be guaranteed to be completely immune from vulnerabilities or unauthorized access;
9. responsibility for a Security Incident is determined based on causation, control, contractual obligations, applicable standards of care, and applicable law;
10. AI-generated and automated outputs may require human verification;
11. the Platform may depend on third-party infrastructure and services;
12. SID6's liability is limited to the maximum extent permitted by applicable law;
13. certain disputes are subject to binding individual arbitration as described in these Terms; and
14. Customer has had an opportunity to review these Terms before acceptance.