Terms of use


Section 1: Introduction

Welcome to The Aetherium Group. This document outlines the Terms and Conditions ("Terms") governing the use of our Artificial Intelligence (AI) bot services. By confirming below that you have read and agreed to these Terms, you, the client, agree to be bound by these Terms, which form a legally binding contract between you and The Aetherium Group LLC ("The Aetherium Group", "Aetherium AI", "we", "us", or "our").

Our AI bot services are crafted to enhance your business operations by automating various tasks, including but not limited to lead generation, customer service, and appointment scheduling. These Terms are intended to ensure a clear understanding of our mutual responsibilities and to facilitate a successful partnership. It is important that you read these Terms carefully.

By accepting these Terms, you acknowledge that you have fully understood and agree to comply with the provisions set forth herein. If you have any questions or concerns regarding these Terms, please do not hesitate to contact us for clarification before signing the intake form.

Your access to and use of our services is conditioned upon your acceptance of and compliance with these Terms.

These Terms apply to all clients, users, and others who wish to access or use our services. If you disagree with any part of the Terms, then you do not have permission to access the service.

We reserve the right to update or modify these Terms at any time. Such changes will be effective immediately upon posting the updated version with a new date on our website or through direct communication to you. Your continued use of our services following any such change constitutes your agreement to follow and be bound by the Terms as modified.

By signing the intake form, you affirm that you are legally competent to enter into and agree to these Terms and that you are authorized to bind yourself or the entity you represent to these Terms.

Thank you for choosing The Aetherium Group. We look forward to a productive and successful partnership. 

Section 2: Service Description

2.1 Overview of Services

The Aetherium Group specializes in providing advanced Artificial Intelligence (AI) bot services designed to streamline and enhance various business operations. Our services include, but are not limited to, the customization, implementation, and management of AI bots for tasks such as lead qualifying, customer service, appointment scheduling, and other automated interactions.

2.2 Specific Services Offered

Lead Qualifying: These bot functions are programmed to engage potential leads, qualifying them based on predetermined criteria and nurturing them through the sales funnel.

Customer Service: Designed to initiate the process of handling customer inquiries, complaints, and requests, these bot functions provide answers to certain basic questions and schedule appointments for human follow-up where needed, improving overall customer satisfaction.

Appointment Scheduling: These bot functions assist in scheduling appointments arising from the other functions, thereby optimizing the efficiency of business operations.

Custom AI Solutions: Tailored to meet specific business needs, these solutions involve the development of customized bots for unique operational requirements.

2.3 Integration and Compatibility

Our AI bots are designed to integrate seamlessly with a variety of existing business systems and software platforms. To the extent possible, we work to ensure compatibility with your current operational framework to enhance efficiency without disrupting your existing processes. If certain software integrations are not possible or not allowed, we will notify you in a timely manner.

2.4 Ongoing Support and Maintenance

For a monthly fee, The Aetherium Group provides continuous support and maintenance for all AI bots deployed. This includes regular updates, troubleshooting, and enhancements to ensure optimal performance and adaptation to evolving business needs.

2.5 Training and Onboarding

We offer training and onboarding services to ensure that your team is equipped to utilize the AI bots effectively. This includes instructional materials, live training sessions, and support to address any questions or concerns.

2.6 Customization and Scalability

Understanding that business needs evolve, our services are designed to be flexible and scalable. We offer customization options to adapt our AI bots to changing business requirements, ensuring long-term utility and effectiveness.

2.7 Additional Services and Features

While the services described above represent our core offerings, we may occasionally provide additional services or features, subject to separate terms or agreements. We will communicate any such offerings and their corresponding terms as they become available.

By accepting these Terms, you acknowledge and agree to the service description as outlined above. The Aetherium Group is committed to delivering high-quality AI bot services to enhance your business operations and drive growth. 

Section 3: Client Responsibilities

3.1 Provision of Information

Clients are required to provide all necessary information, data, and access to systems essential for the effective implementation and operation of the AI bots. This includes, but is not limited to, detailed descriptions of business processes, target audience data, and access to relevant software platforms.

3.2 Compliance with Laws and Regulations

Clients are responsible for ensuring that the use of AI bots complies with all applicable laws, regulations, and industry standards, including data protection and consumer protection laws.

3.3 Maintenance of Systems

Clients must maintain their systems, software, and infrastructure in a state that supports the optimal functioning of the AI bots, including regular updates and upgrades for compatibility and security.

3.4 Training and Usage

Clients are responsible for ensuring that their staff are adequately trained and informed about the proper use of the AI bots, adhering to the training and guidelines provided by The Aetherium Group.

3.5 Feedback and Communication

Clients are expected to provide timely feedback and communicate any issues, concerns, or changes in requirements to The Aetherium Group for continuous improvement and customization of the AI bots.

3.6 Financial Obligations

Clients are responsible for timely payment of all fees and charges associated with the services provided by The Aetherium Group, adhering to the agreed payment terms and conditions.

3.7 Data Backup and Security

While The Aetherium Group prioritizes data security, clients are responsible for maintaining backups of their data and securing their systems against unauthorized access and data breaches.

3.8 Compliance with Terms and Conditions

Clients must comply with all terms and conditions set forth in this agreement, including any additional terms related to specific services or products provided by The Aetherium Group.

3.9 Reporting and Monitoring

Clients are responsible for monitoring the performance of the AI bots and reporting any anomalies, malfunctions, or deviations from expected performance to The Aetherium Group in a timely manner.

3.10 Notification of Business Changes

Clients agree to promptly notify The Aetherium Group of any significant changes in their business operations that may affect the use or functionality of the AI bots. This includes, but is not limited to, changes in business model, major shifts in target audience, or significant system overhauls.

By accepting these Terms, clients acknowledge their responsibilities as outlined above and commit to fulfilling them to ensure the effective and efficient use of the AI bots provided by The Aetherium Group. 

Section 4: Payment Terms

4.1 Fees and Charges

Clients agree to pay all fees and charges associated with the services provided by The Aetherium Group as outlined in these Terms. This includes fees for the setup, customization, and maintenance of AI bots. The Clients agree that all payments for the bot usage will be made to Air AI directly.

4.2 Invoicing and Payment Schedule

The Aetherium Group will invoice clients on a monthly basis, unless otherwise specified. Payment is due within thirty (30) days of the invoice date. Late payments may incur additional charges or result in suspension of services.

4.3 Payment Methods

Payments can be made via bank transfer, credit card, or other agreed-upon methods. The Aetherium Group will provide all necessary details for the chosen payment method.

4.4 Late Payment Consequences

In the event of late payment, The Aetherium Group reserves the right to charge interest on the overdue amount at the rate of 1.5% per month, or the maximum rate permitted by law, whichever is lower.

4.5 Disputed Charges

If a client disputes any portion of an invoice, they must notify The Aetherium Group in writing within fifteen (15) days of the invoice date, detailing the reason for the dispute. Disputes will be resolved in good faith by both parties. Non-disputed portions of the invoice must be paid by the due date.

4.6 Changes in Fees

The Aetherium Group reserves the right to modify its fees and charges. Any changes will be communicated to clients at least thirty (30) days in advance.

4.7 Taxes and Duties

All fees are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including VAT, if applicable). The client is responsible for paying all such charges, excluding only taxes based on The Aetherium Group’s net income.

4.8 Refund Policy

The Aetherium Group operates a no-refund policy. Fees for services rendered are non-refundable.

4.9 Security of Payment Information

The Aetherium Group is committed to maintaining the security of client payment information. All payment transactions will be processed using secure methods, and we will make all reasonable effort to ensure the confidentiality and integrity of our clients' financial data.

By accepting these Payment Terms, clients agree to fulfill their financial obligations to The Aetherium Group in a timely and consistent manner, as outlined above. 

Section 5: Implementation and Timeline

5.1 Project Kickoff

Upon signing the agreement, The Aetherium Group will initiate the project kickoff. This phase includes an initial meeting to discuss the client's specific needs, expectations, and any customization required for the AI bots.

5.2 Customization and Setup

The Aetherium Group will customize and set up the AI bots according to the client's requirements. This process includes integrating the bots with the client's existing systems and ensuring they align with the client's business processes.

5.3 Timeline for Implementation

The typical timeline for the implementation of AI bots is as follows:

Initial Setup: 1-2 weeks for basic integration and customization. Testing Phase: 1 week for testing and adjustments based on client feedback.

Final Deployment: Deployment of the fully customized AI bots within 3-4 weeks from the project kickoff.

Please note that these timelines are estimates and serve as a general guideline. Actual build times may vary based on the complexity of the integration, specific client requirements, and unforeseen technical challenges. The Aetherium Group is committed to maintaining open and timely communication regarding any changes or adjustments to the projected timeline.

5.4 Client Involvement

Clients are required to provide timely feedback and necessary information during the setup and testing phases. Delays in providing this information may result in an extended timeline.

5.5 Training and Onboarding

The Aetherium Group will provide training and onboarding sessions for the client's team to ensure they are comfortable with managing and utilizing the AI bots. This training will be scheduled within the first week after deployment.

5.6 Changes in Project Scope and Additional Customization

Any changes in project scope or additional customization requests made by the client during the implementation phase may impact the overall timeline and incur additional costs. The Aetherium Group will communicate any such implications promptly and adjust the project plan and pricing accordingly.

5.7 Completion of Implementation

The implementation phase is considered complete once the AI bots are fully integrated, tested, and operational in the client's environment, and the client's team has been trained.

By agreeing to these terms, the client commits to collaborating with The Aetherium Group throughout the implementation process to ensure a successful and timely deployment of the AI bots. 

Section 6: Data Privacy and Security

6.1 Commitment to Data Privacy

The Aetherium Group is committed to protecting the privacy and security of our clients' data. We adhere to industry-standard practices and regulations to ensure the confidentiality and integrity of the data processed by our AI bots.

6.2 Data Collection and Usage

Data Collection: We collect only the data necessary to provide and improve our services. This may include client contact information, customer interaction data, and other relevant business data.

Data Usage: The data collected is used exclusively for the purpose of providing the AI bot services, including bot customization, performance optimization, and reporting.

6.3 Data Sharing and Disclosure

Third-Party Sharing: We do not share client data with third parties except as necessary to provide our services or as required by law.

Legal Compliance: In cases where disclosure is required by law, we will ensure that the minimum necessary information is shared, and we will inform the client of such disclosures when allowed.

6.4 Data Security Measures

Security Protocols: We implement robust security protocols to protect data from unauthorized access, alteration, and destruction. This includes encryption, access controls, and regular security audits.

Data Breach Response: In the unlikely event of a data breach, we will promptly notify affected clients and take immediate steps to mitigate any potential harm.

6.5 Client Data Rights

Access and Control: Clients have the right to access, modify, or delete their data held by The Aetherium Group.

Data Portability: Upon request, we will provide clients with a copy of their data in a commonly used and machine-readable format.

6.6 Data Retention and Deletion

Retention Policy: We retain client data only for as long as necessary to provide our services or as required by law.

Data Deletion: Upon termination of services or at the client's request, we will delete or anonymize the client's data, subject to any legal retention requirements.

6.7 Compliance with Regulations

The Aetherium Group complies with all applicable data protection laws and regulation.

By accepting these terms, the client acknowledges their responsibility to ensure that the data they provide to The Aetherium Group complies with all relevant data protection laws and regulations. The client also agrees to inform their customers about the use of AI bots and the data processing involved in accordance with applicable legal requirements. 

Section 7: Intellectual Property Rights

7.1 Ownership of Intellectual Property

The Aetherium Group's IP: All intellectual property rights in the AI bots, software, methodologies, and materials provided by The Aetherium Group, including but not limited to code, algorithms, documentation, and reports, remain the exclusive property of The Aetherium Group. Client's IP: All intellectual property rights in the client's data, materials, and brand elements provided to The Aetherium Group for the purpose of utilizing the AI bots remain the exclusive property of the client.

7.2 Use of Intellectual Property

License to The Aetherium Group: The client grants The Aetherium Group a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the client's data and materials solely for the purpose of providing the AI bot services.

License to Client: The Aetherium Group grants the client a non-exclusive, revocable license to use the AI bots and related materials solely for the client's internal business purposes, in accordance with these Terms and Conditions.

7.3 Restrictions on Use

Prohibited Uses: The client shall not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the AI bots. The client shall not use the AI bots for any purpose that is unlawful or prohibited by these Terms and Conditions.

Sub-licensing: The client shall not sub-license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the AI bots or any related materials.

7.4 Modifications and Derivative Works

Client Modifications: Modifications, enhancements, or derivative works of the AI bots or related materials made by the client are subject to the same intellectual property rights and restrictions as the original materials.

Ownership of Modifications: Modifications, enhancements, or derivative works made by The Aetherium Group to the AI bots or related materials during the provision of services shall remain the property of The Aetherium Group.

7.5 Third-Party Intellectual Property

Respect for Third-Party Rights: The Aetherium Group respects the intellectual property rights of others and expects the client to do the same. The client is responsible for ensuring that their use of the AI bots does not infringe upon the intellectual property rights of third parties.

Indemnification: The client agrees to indemnify and hold harmless The Aetherium Group from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of the client's violation of third-party intellectual property rights.

7.6 Handling of IP Infringement Claims

Infringement Claims Against The Aetherium Group: If a claim is made against The Aetherium Group alleging that its IP infringes upon third-party rights, The Aetherium Group will investigate the claim, and if necessary, modify, replace, or discontinue the infringing item.

Client Reporting of Infringement Concerns: Clients are encouraged to report any concerns of IP infringement regarding the services they receive from The Aetherium Group. We commit to investigating and addressing such concerns promptly and effectively.

7.7 Termination of License Upon termination of the client's use of the AI bots or services, or upon termination of these Terms and Conditions, all licenses granted herein shall immediately terminate, and the client shall cease all use of the AI bots and related materials provided by The Aetherium Group. 

Section 8: Limitation of Liability

8.1 General Limitation

Scope of Liability: The Aetherium Group shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from

(i) your access to or use of or inability to access or use the AI bots;

(ii) any conduct or content of any third party on the AI bots;

(iii) any content obtained from the AI bots; and

(iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

8.2 Specific Limitations

Performance and Results: The Aetherium Group does not guarantee specific results or outcomes from the use of the AI bots. The effectiveness of the AI bots may vary based on the client's specific use case, industry, and other factors.

Technical Issues: The Aetherium Group shall not be liable for issues arising from technical malfunctions, including but not limited to server downtime, software bugs, or data loss, except to the extent caused by our gross negligence or willful misconduct.

Third-Party Integrations: The Aetherium Group shall not be liable for any loss or damage arising from the client's use of third-party integrations or services in conjunction with the AI bots.

8.3 Maximum Liability

Cap on Liability: In no event shall The Aetherium Group's aggregate liability arising out of or related to the services described in these Terms and Conditions, whether in contract, tort (including negligence), or under any other theory of liability, exceed the total amount paid by the client to The Aetherium Group under these Terms and Conditions in the twelve (12) months preceding the event giving rise to the liability.

8.4 Essential Basis of the Agreement

Acknowledgment: The parties acknowledge that the limitations set forth in this section are integral to the amount of consideration levied in connection with the license of the AI bots and services provided and that, were The Aetherium Group to assume any further liability, such consideration would out of necessity be set substantially higher.

Section 8.5: Indemnification

8.5.1 Indemnification by Client

Scope of Indemnification: The Client agrees to indemnify, defend, and hold harmless The Aetherium Group LLC, its officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees (collectively, "Losses"), arising out of or resulting from any third-party claim, suit, action, or proceeding (a "Third-Party Claim") related to or arising out of or in connection with:

Client's Use of Services: The Client's use of the services software provided by The Aetherium Group LLC, including but not limited to the use of Air AI technology and the corresponding integrations and processes.

Breach of Agreement: The Client's breach of any representation, warranty, or obligation under this agreement.

Violation of Laws: The Client's violation of any applicable law, regulation, or rights of a third party during the use of the services.

8.5.2 Procedure for Indemnification

Notification and Cooperation: Upon becoming aware of a Third-Party Claim that is subject to indemnification under this section, The Aetherium Group LLC shall notify the Client promptly. The Client agrees to cooperate with the Indemnified Parties in the defense of any such claim.

Control of Defense: The Client will have control of the defense of any Third-Party Claim; however, The Aetherium Group LLC may participate in the defense of such claim with counsel of its own choosing at its own expense.

No Settlement Without Consent: The Client shall not settle any Third-Party Claim without The Aetherium Group LLC's prior written consent, which shall not be unreasonably withheld or delayed.

8.5.3 Limitations on Indemnification

Conduct of Parties: The indemnification obligations under this section do not apply to the extent that a loss arises out of the willful misconduct or gross negligence of any indemnified party.

Reasonable Efforts to Mitigate: The Indemnified Parties shall use reasonable efforts to mitigate any Losses for which they seek indemnification.

8.5.4 Acknowledgment

Understanding of Provision: By signing this agreement, the Client acknowledges their understanding of and agreement to the indemnification provisions outlined in this section. Intent to Indemnify: This indemnification reflects the negotiated understanding of the parties and is a fundamental part of the basis of the bargain between the Client and The Aetherium Group LLC.

 

Section 9: Compliance with Laws

9.1 General Compliance

Adherence to Laws: The client agrees to use the AI bots provided by The Aetherium Group in full compliance with all applicable local, state, national, and international laws, regulations, and ordinances. This includes, but is not limited to, laws related to data privacy, telecommunications, consumer protection, and industry-specific regulations.

9.2 Responsibility for Compliance

Client's Obligation: IT IS THE SOLE RESPONSIBILITY OF THE CLIENT TO ENSURE THAT THEIR USE OF THE AI BOTS COMPLIES WITH ALL RELEVANT LEGAL AND REGULATORY REQUIREMENTS. The Aetherium Group DOES NOT ASSUME ANY RESPONSIBILITY FOR ENSURING THAT THE CLIENT'S USE OF THE AI BOTS IS COMPLIANT WITH SUCH LAWS AND REGULATIONS.

Guidance and Information: WHILE The Aetherium Group MAY PROVIDE GENERAL INFORMATION OR GUIDANCE REGARDING THE CAPABILITIES OF THE AI BOTS, THIS SHOULD NOT BE CONSTRUED AS LEGAL OR COMPLIANCE ADVICE. CLIENTS ARE ADVISED TO SEEK INDEPENDENT LEGAL COUNSEL TO ENSURE COMPLIANCE WITH ALL APPLICABLE LAWS.

9.3 Compliance with Data Protection Laws

Data Privacy: The client is responsible for ensuring that their use of the AI bots complies with all applicable data protection and privacy laws, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other relevant legislation.

Data Handling: The client must handle all data, including customer information, in a manner that is compliant with such laws and must not use the AI bots to process or store data in a way that violates these regulations.

9.4 Industry-Specific Compliance

Sector Regulations: Clients operating in regulated industries (such as finance, healthcare, insurance, etc.) are responsible for ensuring that their use of the AI bots adheres to all industry-specific laws and guidelines. This includes compliance with regulations regarding communications, marketing, data handling, and customer interactions.

9.5 Indemnification for Non-Compliance

Liability for Non-Compliance: The client agrees to indemnify and hold harmless The Aetherium Group from any fines, penalties, liabilities, losses, damages, costs, or expenses arising from the client's failure to comply with applicable laws and regulations in their use of the AI bots.

9.6 Changes in Law

Adaptation to Legal Changes: The client acknowledges that laws and regulations may change and that it is their responsibility to remain informed about and adapt to such changes. The Aetherium Group does not assume responsibility for notifying clients of legal changes or for ensuring that the AI bots' use remains compliant with evolving laws.

9.7 Regular Compliance Reviews

Proactive Assessment: The client agrees to conduct regular reviews or audits of their use of the AI bots to ensure ongoing compliance with applicable laws and regulations. This proactive approach is particularly important in industries with rapidly changing legal landscapes.

9.8 Representation of Compliance

No Guarantee by The Aetherium Group: THE AETHERIUM GROUP, DOES NOT REPRESENT OR WARRANT THAT THE AI BOTS ARE COMPLIANT WITH ANY SPECIFIC LEGAL OR REGULATORY STANDARDS. THE CLIENT'S DECISION TO USE THE AI BOTS IS BASED ON THEIR OWN ASSESSMENT OF THE PRODUCT'S SUITABILITY FOR THEIR LEGAL AND REGULATORY NEEDS.

 

Section 10: Termination of Services

10.1 Termination Rights

Client's Right to Terminate: The client may terminate their agreement with The Aetherium Group at any time by providing written notice in accordance with the terms specified in this agreement. Such termination will be effective at the end of the current billing cycle, unless otherwise specified. The Aetherium Group's Right to Terminate: The Aetherium Group reserves the right to terminate the agreement with immediate effect upon breach of contract by the client, non-payment, or for any other reason deemed significant by The Aetherium Group.

10.2 Notice of Termination

Requirement for Written Notice: Termination of services by either party must be communicated through a formal written notice, specifying the reasons for termination and the effective date of termination. Notice Period: Unless otherwise agreed upon, a standard notice period of thirty (30) days will be required for termination initiated by either party.

10.3 Effects of Termination

Discontinuation of Services: Upon termination, The Aetherium Group will cease providing all services to the client, and the client will no longer have access to the AI bots provided by The Aetherium Group.

Final Payment: Any outstanding payments owed by the client to The Aetherium Group for services rendered up to the date of termination must be settled in full within the agreed payment terms.

10.4 Post-Termination Obligations

Return of Property: Upon termination, the client must return any materials, documents, or proprietary information belonging to The Aetherium Group.

Data Handling: The client must ensure that any data obtained or processed through the use of AI bots is handled in accordance with applicable data protection laws and the terms of the agreement, even after the termination of services.

10.5 Survival of Certain Provisions

Continued Validity: Certain provisions of this agreement, including but not limited to the sections on Intellectual Property Rights, Limitation of Liability, Compliance with Laws, and Confidentiality, will remain in effect even after the termination of services.

10.6 No Liability for Termination

Release from Obligations: Neither party will be liable to the other for any damages, losses, or expenses incurred as a result of terminating the agreement in accordance with these terms.

10.7 Transition Assistance

Support in Transition: Upon request and at the discretion of The Aetherium Group, assistance may be provided to the client to ensure a smooth transition of services to another provider or in-house management. This assistance may be subject to additional fees and terms to be agreed upon.

 

Section 11: Dispute Resolution

11.1 Commitment to Amicable Resolution

Initial Effort: Both The Aetherium Group and the client agree to make a good faith effort to amicably resolve any disputes or disagreements that arise during the course of this agreement through direct communication and negotiation.

11.2 Escalation for Resolution

Mediation: In the event that a dispute cannot be resolved through direct negotiation, the parties agree to engage in mediation before pursuing any further legal action. A neutral third-party mediator will be selected by mutual agreement to facilitate this process.

11.3 Binding Arbitration

Arbitration Agreement: If mediation fails to resolve the dispute, the parties agree to submit the dispute to binding arbitration. The arbitration will be conducted under the rules of a recognized arbitration association mutually agreed upon by the parties. Arbitrator Selection: An arbitrator will be selected according to the rules of the chosen arbitration association. The decision of the arbitrator will be final and binding on both parties.

11.4 Governing Law

Jurisdiction: The arbitration proceedings shall be governed by the laws of the jurisdiction in which The Aetherium Group is headquartered, unless otherwise mutually agreed upon.

11.5 Confidentiality of Proceedings

Privacy of Dispute Resolution: All negotiations, mediations, and arbitration proceedings conducted under this section will be kept confidential by both parties, except as required by law or as necessary to enforce the arbitration award.

11.6 Limitations on Legal Recourse

Waiver of Jury Trial: By agreeing to arbitration, both parties waive any rights to a trial by jury in relation to the dispute. Restrictions on Class Actions: The parties agree that any arbitration will be conducted on an individual basis and not in a class, collective, or representative action.

11.7 Legal Fees

Responsibility for Own Fees: Each party will be responsible for its own legal fees and expenses incurred during the dispute resolution process, unless the arbitrator determines that one party is to pay the other's fees as part of the resolution.

11.8 Continuation of Services

Ongoing Obligations: Unless otherwise agreed upon, both parties agree to continue fulfilling their respective obligations under this agreement while the dispute resolution process is ongoing.

 

Section 12: Amendments and Modifications

12.1 Flexibility for Change

Need for Amendments: The Aetherium Group and the client acknowledge that over time, there may be a need to modify or amend the terms of this agreement to reflect changes in circumstances, business needs, or regulatory requirements.

12.2 Documentation and Record-Keeping

Formalizing Changes: All amendments and modifications will be documented in writing. The amended Terms or a separate amendment document will be signed by the Client.

Consistency and Clarity: The amended agreement should clearly state which parts of the original agreement are being modified. The rest of the original agreement remains in full effect unless explicitly changed.

12.3 Communication of Amendments

Notification: Both parties agree to promptly notify each other of any circumstances that might necessitate an amendment to this agreement.

Transparency: Any changes made to the agreement will be communicated clearly and in a timely manner to ensure the Client is aware of and understands the new terms.

12.4 No Retroactive Modifications

Prospective Changes Only: Amendments and modifications will not be retroactive. They will only apply from the date of the amendment forward.

12.5 Continuation of Original Terms

Validity of Original Agreement: Except for the specific terms modified by the amendment, all other terms and conditions of the original agreement will remain in full force and effect.

12.6 No Oral Amendments

Written Requirement: Oral agreements or understandings intending to modify this agreement will not be valid or enforceable. All amendments must be in writing and duly signed by both parties.

 

Section 13: Entire Agreement

13.1 Completeness of Agreement

Inclusive Document: This agreement, along with its appendices, exhibits, and any duly executed amendments, constitutes the entire agreement between The Aetherium Group and the client regarding the subject matter herein. Supersedes Previous Agreements: This agreement supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the parties relating to the subject matter of this agreement.

13.2 No Reliance on Unwritten Representations

Exclusion of Unrecorded Agreements: The parties acknowledge that, in entering into this agreement, they do not rely on any representation, warranty, or other provision except as expressly provided in this document. Invalidity of Unrecorded Promises: Any promises, representations, or understandings not expressly referenced or stated in this agreement are void and have no legal effect.

13.3 Acknowledgment of Understanding

Informed Consent: Each party acknowledges that it has read this agreement, understands it, and agrees to be bound by its terms. Opportunity for Legal Review: Furthermore, each party acknowledges that it has had the opportunity to seek independent legal advice prior to entering into this agreement.

13.4 Binding Nature of Document

Legally Binding Agreement: This agreement is legally binding upon the parties and their respective successors and permitted assigns. No External Agreements: No other agreements, promises, or understandings shall be valid or enforceable against the parties unless set forth in writing and signed by both parties.

13.5 Confirmation of Terms

Reaffirmation of Agreement: By agreeing to these Terms & Conditions, the clients affirm their commitment to and acceptance of the terms and conditions outlined herein. Finality of Document: This agreement represents the final and complete understanding of the parties and may only be amended in the manner prescribed in Section 12 (Amendments and Modifications).

 

Section 14: Severability

14.1 Validity of Remaining Provisions

Preservation of Agreement: If any provision of this agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Independent Provisions: Each provision of this agreement is intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this agreement.

14.2 Adjustment of Invalid Provisions

Modification to Preserve Intent: In the event that any provision of this agreement is found to be invalid or unenforceable, the parties agree to negotiate in good faith to modify this agreement to preserve (as closely as possible) the original intentions of the parties in accordance with applicable law. Replacement of Unenforceable Terms: The unenforceable provision will be replaced by a valid, legal, and enforceable provision that most closely matches the intent of the original provision.

14.3 Continuation of Agreement

Endurance of Agreement: The unenforceability or invalidity of any clause in this agreement shall not void or terminate the agreement itself. Ongoing Obligations: All other conditions and provisions of this agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated by such unenforceability or invalidity.

14.4 Acknowledgment of Severability

Acceptance of Terms: By signing this agreement, the parties acknowledge their understanding and acceptance of this severability clause. Commitment to Agreement: The parties affirm their intention and commitment to abide by the terms of this agreement, notwithstanding the potential invalidity of any particular provision.

 END OF TERMS & CONDITIONS

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