Terms of Service

2. Eligibility

BOS is a business tool. You may create a BOS account, use a Workspace or join the waitlist only if all of the following are true:

• you are at least 18 years old;
• you use BOS for your business, profession or organization, and not for personal, family or household purposes;
• if you accept these Terms for an organization, you have authority to bind it (section 1.3);
• the laws of the United States, or of the place where you are, do not bar you from using the Service, including export-control and sanctions laws.

We may limit where and to whom BOS is offered, including by offering it by invitation only. If we learn that a user is under 18, we will close that user's account.

3. Accounts, invitations and roles

3.1 Accounts. You sign in to BOS with an email address and password, or with your Google account. Give us accurate information, keep your credentials confidential, and do not share your account. Tell us promptly at hello@opensession.co if you suspect unauthorized access. You are responsible for activity under your account.

3.2 Invitations and roles. BOS is currently available by invitation. People use BOS through Workspaces and join a Workspace when they are invited to it. Creating an account does not by itself give you access to a Workspace. Each Workspace has roles that decide what each person can do:

• owners and admins manage the Workspace, including who belongs to it and which roles they hold;
• members use BOS within the permissions of their role.

Brands inside a Workspace can have their own roles.

3.3 Customer's responsibility for its users. Customer is responsible for:

• its Authorized Users' use of the Service and their compliance with these Terms;
• whom it invites, and having the right to give us each invitee's email address;
• removing people from its Workspaces when they should no longer have access.

We may treat instructions from a Workspace's owners and admins as Customer's instructions.

4. The waitlist

You can join the BOS waitlist on bos.live. Joining is free. It does not create a BOS account and does not entitle you to access BOS. We decide whether and when to invite anyone from the waitlist, and we may change or close the waitlist at any time. You must be at least 18 to join, and the information you give must be accurate and yours to share. Our Privacy Policy explains what we do with the information you give us on the waitlist and the choices you have.

5. The Service, pilots and beta features

5.1 The Service. BOS is a brand operating system. It gives teams:

• Workspaces for storing, organizing and managing brand assets, guidelines and documents;
• Remi, an AI assistant that works with that material, and other AI Features;
• an MCP server that lets Third-Party AI Clients read a brand in BOS when an Authorized User allows it.

5.2 Your right to use it. Subject to these Terms, we grant Customer a non-exclusive, non-transferable and non-sublicensable right to let its Authorized Users access and use the Service during the Term, for Customer's internal business purposes.

5.3 Pilots and beta features. BOS is not yet generally available, and we currently offer it by invitation. While BOS is not generally available, during any pilot, and for any feature labeled beta, preview, pilot or similar:

• the Service is provided "as is" (section 17) and may be less reliable than a generally available product;
• features may change, be suspended or end at any time;
• we may set limits on use, such as on storage, uploads or AI usage.

An Order for a pilot may set additional terms.

5.4 Changes to the Service. BOS changes often, and we may add, change or remove features. We will give advance notice if a change materially reduces functionality that Customer pays for under an Order, or materially reduces the protections these Terms give Customer Content.

5.5 Support. We use commercially reasonable efforts to keep the Service available and to answer support requests sent to hello@opensession.co. We do not currently offer a service-level agreement.

6. Fees

6.1 No charge unless agreed. We charge Fees only if Customer has agreed to them in an Order. If you have not agreed to Fees in an Order, your use of BOS is free of charge.

6.2 Orders. If an Order sets Fees, Customer pays them as the Order states. Unless the Order says otherwise, Fees exclude taxes, and Customer pays all applicable taxes other than taxes on our income.

6.3 Paid plans. If we introduce paid plans, we will tell you before any charge applies, and you will pay only if you agree.

7. Your content and our license

7.1 You own your content. As between you and us, Customer owns Customer Content. We claim no ownership of it.

7.2 Our license. Customer grants Open Session a non-exclusive, worldwide, royalty-free license to:

• host, store, copy, process, transmit and display Customer Content;
• create derived data from it, such as embeddings, extracted text, thumbnails, previews and metadata;
• send it to service providers that help us run the Service, including AI model providers (section 9.3);
• keep it in backups on their normal cycle.

We use this license only to provide, secure and support the Service for Customer, to prevent abuse, to comply with law, and to run product analytics that help us understand and improve the Service. Those analytics include session recordings, which can show Customer Content that appears on screen, as our Privacy Policy describes. The license lasts for the Term, and after that only for as long as we keep Customer Content under section 16.

7.3 Limits we accept. We will not:

• sell Customer Content;
• use Customer Content for advertising;
• use Customer Content, or anything derived from it, to create, train, fine-tune or improve AI or machine-learning models. This is our own commitment; section 9.4 explains how the third-party AI model providers that process Customer Content for us handle it.

7.4 Your rights in what you bring to BOS. BOS stores and manages creative material for you, and clearing the rights to that material is your responsibility. Customer represents and warrants that, for all Customer Content that it or its Authorized Users upload or import:

• it owns the content, or holds every right, license, permission and consent needed for us to host and process it as these Terms describe;
• that hosting and processing will not breach any law or anyone's rights.

This includes:

• Fonts. Many font licenses restrict server hosting, embedding or web delivery. Uploading a font confirms that its license permits the hosting and processing BOS performs.
• Images and other media. This covers photography, video, audio, illustrations and other media, including stock and commissioned work.
• Logos and trademarks. They must be yours, or ones you are authorized to manage.
• Imported content. You must be entitled to copy it into BOS under the source service's terms and your agreements with its owner.
• Personal information about other people. You must have the right to share it with us.

8. Content rules

8.1 What Customer Content must not be. Customer is responsible for the accuracy, quality, legality and appropriateness of Customer Content. Customer Content must not:

• be unlawful;
• contain government identification numbers, financial account or payment card numbers, health information, or other sensitive personal information;
• knowingly contain malware or other harmful code;
• infringe or misappropriate anyone's intellectual property, privacy or other rights.

8.2 Removal. We may remove or disable access to Customer Content if we reasonably believe it breaks these Terms or the law, or if we receive a credible complaint that it infringes someone's rights. We will tell you when we do, unless the law or a security risk prevents it.

8.3 Notices from rights holders. If you believe content in BOS infringes your rights, write to hello@opensession.co. Identify the work, the content you object to, and how to reach you. We respond to valid notices and, where appropriate, close the accounts of repeat infringers.

9. AI features

9.1 BOS includes AI. The Service includes AI Features, including an AI assistant called Remi. When you use them, you are interacting with an AI system, not a person.

9.2 Inputs and Outputs. Inputs and Outputs are Customer Content. As between the parties, Customer owns Outputs, and Open Session assigns to Customer any rights it has in them. Outputs may not be unique: the same or similar output may be generated for others. Some Outputs may not be protected by copyright or other intellectual-property rights, and we do not promise that Customer can own or register rights in any Output.

9.3 How AI Features process content. To provide AI Features, we send Inputs and relevant Customer Content through our AI gateway to third-party AI model providers. That includes content BOS processes automatically, without a request from you, such as when it describes files, extracts colors, generates themes, structures documents and indexes content for search. Our AI gateway decides which provider runs each request. When BOS selects a model automatically, the gateway may also choose the model. To read the text in PDFs and images, we may send those files to a text-extraction provider. When you turn on web search, search queries based on your Inputs are sent through our AI gateway to a web search provider. We may also send Inputs, Outputs and related Customer Content to a service provider that helps us monitor and fix AI Features. Our Privacy Policy describes these providers.

9.4 Training. Open Session does not use Customer Content, or anything derived from it, to create, train, fine-tune or improve any AI or machine-learning model. That includes Inputs and Outputs. This commitment is Open Session's own. The third-party AI model providers that process Inputs and Customer Content for us do so under their own terms, which may allow them to keep that content and, for some providers, to use it to improve their models. Our Privacy Policy explains this. We will not change this section to allow Open Session to train AI models on Customer Content without Customer's prior, express consent.

9.5 Accuracy and review. AI Features are probabilistic. Outputs can be inaccurate, incomplete, off-brand, offensive or otherwise inappropriate, and they are not professional, legal or other expert advice. Review Outputs before you rely on, publish or act on them. We do not review Outputs before you see them. You are responsible for the decisions and content you base on Outputs, and for how you use and publish them, including any disclosure the law requires that content is AI-generated (section 11).

9.6 Actions and limits. Some AI Features can create or change content in your Workspace. BOS may ask you to confirm some actions, but not every change has a confirmation step, so review what the assistant changes. We may apply reasonable rate or usage limits to AI Features.

10. Connected services and third-party AI clients

10.1 Google sign-in. You can sign in to BOS with your Google account. BOS's use of information received from Google APIs will adhere to Google API Services User Data Policy (opens in a new tab), including the Limited Use requirements. The use of information received from Google Workspace scopes will adhere to the Google User Data Policy (opens in a new tab), including the Limited Use requirements. You can remove BOS's access to your Google account at any time at https://myaccount.google.com/permissions (opens in a new tab). Doing so does not delete your BOS account. Google is a trademark of Google LLC.

10.2 Connecting other services. We may let you connect other Connected Services to BOS, for example to import files. When you connect one, you authorize us to access it with the permissions you approve on the provider's consent screen, and you confirm that you are entitled to grant that access. Our Privacy Policy describes what we receive from Connected Services and how we use it.

10.3 Our commitments for Connected Services. Open Session Inc. is responsible for the privacy, security, and integrity of the data BOS collects or accesses from services you connect. We do not sell data we receive from Connected Services, use it for advertising, or use it to train AI models.

10.4 Figma. Open Session Inc., and not Figma, is responsible for the privacy, security, and integrity of any Figma data (Integration Data) that BOS processes. BOS does not currently let you connect a Figma account or import files through Figma's API. BOS does not index your Figma files, enumerate your team's files, or bulk-copy file content. Open Session does not use Figma data to train AI models. Figma is a trademark of Figma, Inc. BOS is not affiliated with or endorsed by Figma.

10.5 Provider terms. Your agreement with each provider continues to govern your use of its service. You are responsible for complying with it and for any fees you owe the provider. Connected Services are not ours, and we do not control them. A provider may change or end its service, or BOS's access to it, so we cannot promise that any integration stays available. We use the names of Connected Services only to identify them. BOS is not affiliated with or endorsed by their providers.

10.6 BOS MCP server. An Authorized User may authorize a Third-Party AI Client to read a brand in BOS through our MCP server.

• The consent screen shows the access the client requests, and the grant gives the client only that access.
• The user can revoke the grant at any time in BOS.
• We may suspend or revoke grants or tokens for security or abuse.

10.7 Third-Party AI Clients. Third-Party AI Clients are not ours. Their own terms and privacy policies govern what they do with the data they retrieve. Customer is responsible for the clients its Authorized Users authorize, and data those clients retrieve is disclosed on Customer's instructions.

10.8 Third-party services. We are not responsible for third-party services, their availability or their content, including Connected Services and Third-Party AI Clients.

11. Acceptable use

You will not, and will not let anyone else:

• (a) sell, resell, sublicense, rent or otherwise provide the Service to anyone outside Customer's organization, unless we agree in writing;
• (b) reverse engineer, decompile or try to derive source code from the Service, except where the law allows it despite this restriction;
• (c) access the Service through any interface we have not provided or approved, or use automated means to scrape or extract data from it, other than through interfaces we provide for that purpose, such as our MCP server, within their limits;
• (d) interfere with or disrupt the Service, bypass its security or usage limits, or probe, scan or test its vulnerability without our written permission;
• (e) access another customer's Workspace or data, or any account or data you are not authorized to access;
• (f) upload or transmit malware or other harmful code;
• (g) use the Service or Outputs to build a competing product, or to train a model that competes with BOS;
• (h) use the Service to infringe, misappropriate or violate anyone's rights, or in breach of any law;
• (i) use AI Features to create child sexual abuse material, sexual or intimate imagery of an identifiable person without their consent, or content that harasses, threatens or incites violence;
• (j) use AI Features for any practice prohibited by the EU Artificial Intelligence Act or similar laws, such as manipulating people through subliminal or deceptive techniques, exploiting people's vulnerabilities, social scoring, building facial recognition databases by scraping images, inferring people's emotions at work or in education, or inferring sensitive characteristics such as race, religion, political opinions or sexual orientation from biometric data;
• (k) use AI Features to make decisions that have legal or similarly significant effects on people, such as decisions about employment, credit, housing, insurance or education, without meaningful human review;
• (l) impersonate any person or organization, or misrepresent your affiliation with them;
• (m) try to make AI Features produce content this section prohibits, extract their system instructions, or get around their safeguards;
• (n) publish Outputs without the disclosure the law requires, including for deep fakes and for AI-generated text published to inform the public on matters of public interest;
• (o) use the Service in breach of a Connected Service's terms, including by letting anyone other than the person who connected an account act through it, or by importing content you are not entitled to copy;
• (p) remove or obscure any proprietary notice;
• (q) modify, copy or create derivative works of the Service, other than through its normal features.

We may suspend access under section 16.2 for a breach of this section.

12. Our intellectual property, Performance Data and Feedback

12.1 Our IP. Open Session and its licensors own the Service, including its software, design and documentation, and all improvements to them. These Terms give you a right to use the Service, not ownership of it. We grant no rights except those these Terms expressly state.

12.2 BOS marks. BOS, Remi, Open Session and our logos are trademarks of Open Session Inc. You may not use them without our prior written permission, except to refer accurately to our products and services.

12.3 Third-party materials. Some materials we provide in the Service, such as fonts or icon libraries, come from third parties under their own licenses, and those licenses govern their use.

12.4 Performance Data. "Performance Data" means technical and usage metrics about how the Service is used and how it runs, such as feature usage, response times, error rates and usage volumes. We may use it to operate, secure, support and improve the Service. We share it outside Open Session only:

• with service providers that help us run the Service;
• with the analytics providers our Privacy Policy describes, including Google Analytics on bos.live;
• in aggregated or de-identified form that does not identify Customer or any person;
• with a successor under section 22.1, or where the law requires it.

We do not use Performance Data to train AI or machine-learning models.

12.5 Feedback. If you give us Feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose, without restriction or payment. We will not name you as its source without your permission. Feedback does not include Customer Content, which section 7 continues to govern.

12.6 Customer marks. Customer keeps all rights in its names, logos and trademarks. We use them only to provide the Service and as section 22.6 allows.

13. Confidentiality

13.1 Meaning. "Confidential Information" means non-public information that one party (the discloser) gives the other (the recipient), and that is marked confidential or that a reasonable person would understand to be confidential. Customer Content is Customer's Confidential Information. Our non-public features, pricing and product plans are ours.

13.2 Obligations. The recipient will:

• use Confidential Information only to perform under these Terms or to use the Service;
• protect it with at least reasonable care;
• disclose it only to its employees, contractors and advisers who need it for that purpose and are bound by confidentiality duties at least as protective as these, and, in our case, to service providers that help us provide the Service, including third-party AI model providers, on the terms described in sections 7.2, 9.3 and 9.4 and in our Privacy Policy;
• otherwise disclose it only as the discloser directs or authorizes, including through Connected Services and Third-Party AI Clients (section 10).

13.3 Exclusions. This section does not apply to information that:

• becomes public through no fault of the recipient;
• the recipient already knew without restriction;
• the recipient lawfully receives from a third party without restriction;
• the recipient develops independently.

13.4 Compelled disclosure. The recipient may disclose Confidential Information if a law, court order or government order requires it. When it does, it must give the discloser prompt notice where the law allows, disclose only what is required, and cooperate reasonably with efforts to obtain protective treatment. For a request that concerns Customer Content, we first try to redirect it to Customer.

13.5 Duration. These duties last during the Term and for three years after it. For trade secrets, they last for as long as the information remains a trade secret. For Customer Content, they last for as long as we hold it.

14. Privacy and data protection

14.1 Privacy Policy. Our Privacy Policy explains how we collect, use and share personal information, including personal information in Customer Content and information we receive from Connected Services.

14.2 Customer's responsibilities. Customer is responsible for having a lawful basis for, and for giving any required notices about, the personal information it puts into the Service. That includes information about people who appear in its content and people it invites.

14.3 Data processing terms. If Customer needs data processing terms, for example under the GDPR or the California Consumer Privacy Act, contact us at hello@opensession.co.

14.4 Where data is processed. We are based in the United States. Data in the Service may be processed in the United States and in other countries where our service providers operate, as our Privacy Policy describes.

15. Security

15.1 Safeguards. We maintain reasonable safeguards designed to protect Customer Content. No system is perfectly secure, and we do not promise that Customer Content will never be accessed, lost or disclosed without authorization.

15.2 Incidents. If we become aware of a security incident that leads to unauthorized access to, or loss or disclosure of, Customer Content, we will notify affected Customers as the law requires and take reasonable steps to contain it.

15.3 Customer's part. Customer is responsible for its Authorized Users' credentials, for setting roles and access appropriately, and for telling us promptly about suspected unauthorized access.

15.4 Vulnerability reports. Report suspected vulnerabilities to hello@opensession.co. Any security testing of the Service needs our prior written permission (section 11).

16. Term, suspension, termination and your data afterwards

16.1 Term. These Terms start when you first accept them and continue until terminated (the "Term"). An Order may set its own term.

16.2 Suspension. We may suspend access to all or part of the Service, for a Workspace or a user, if:

• (a) we reasonably believe there is a breach of section 8 or section 11, or a security risk to the Service, other customers or a Connected Service;
• (b) the law, or the provider of a Connected Service, requires it.

We will give notice where practicable, limit the suspension to what is needed, and restore access once the cause is resolved, unless we terminate under section 16.4. Suspension does not delete Customer Content.

16.3 Termination by you. Customer may stop using the Service at any time. It may also ask us to close its account and delete its Workspaces by writing to hello@opensession.co. An Order may set different terms for ending it.

16.4 Termination by us. We may terminate these Terms, end a Workspace or close an account:

• (a) for any reason, on 30 days' written notice;
• (b) on written notice, if Customer materially breaches these Terms and does not cure the breach within 30 days after notice;
• (c) immediately, if Customer becomes insolvent, or if we must do so to comply with law;
• (d) immediately, for a serious or repeated breach of section 11 that threatens the Service, other customers or third parties;
• (e) at any time, for an account that does not belong to any Workspace.

We may also stop offering the waitlist or bos.live, or end your access to them, at any time.

16.5 Export. BOS does not currently offer a self-serve export. During the Term, and for 30 days after it ends, Customer may ask for a copy of its Customer Content by writing to hello@opensession.co. We will provide it within a reasonable time, in a commonly used format. Content we removed under section 8.2, or must withhold by law, is excluded.

16.6 Deletion. After the export period ends, or earlier if Customer asks, we will delete Customer Content from our active systems within a reasonable time, as this section and our Privacy Policy describe.

• Items deleted in BOS, such as chats, assets, documents, projects, brands and Workspaces, are permanently deleted about 30 days after they are deleted.
• Some related data, such as images attached to deleted items, is not removed by this automatic process and can remain until it is deleted separately. Copies can also remain in backups, and with service providers that process Customer Content for us under their own terms, until they are deleted in the ordinary course.
• We may keep information that we must keep by law, or that we need to establish, exercise or defend legal claims, such as records of acceptance of these Terms.

16.7 Individual accounts. An Authorized User may ask us to delete their own account by writing to hello@opensession.co. We handle the request as our Privacy Policy describes. Content the user created or imported in a Workspace is Customer Content and may stay in the Workspace.

16.8 Effect of termination. When these Terms end, Customer's right to use the Service ends. Each party returns or destroys the other's Confidential Information, except as section 16.6 allows. Fees owed up to termination remain payable. Section 23 lists the sections that survive.

17. Disclaimers

17.1 Authority. Each party warrants that it has the authority to enter into these Terms.

17.2 Disclaimer. Except as these Terms expressly state, and to the fullest extent the law allows:

• The Service is provided "as is" and "as available". So are AI Features, Outputs, pilot and beta features, the waitlist, and any Connected Service or other third-party service.
• Open Session and its suppliers disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties arising from course of dealing or usage of trade.
• We do not warrant that the Service will be uninterrupted, error-free, secure or free of data loss.
• We do not warrant that Outputs will be accurate, complete, unique or fit for your purposes.

Keep your own copies of important content.

17.3 Third parties. We are not responsible for the conduct of third parties, including providers of Connected Services and Third-Party AI Clients.

18. Indemnities

18.1 By Customer. Customer will defend Open Session and its affiliates, officers, directors, employees and agents against any third-party claim that arises from any of the following, and will pay the resulting damages, costs and reasonable attorneys' fees finally awarded or agreed in a settlement:

• (a) a claim that Customer Content, or our use of it as these Terms permit, infringes or misappropriates a third party's rights or breaks the law, including a claim that fonts, images, logos or other creative assets that Customer uploaded or imported infringe someone's rights or breach a license;
• (b) a breach of section 7.4, section 8 or section 11;
• (c) a violation of law, or of a Connected Service's terms, by Customer or its Authorized Users through the Service.

This section does not cover a claim to the extent it arises from our breach of these Terms or of the law. If Customer has not paid or agreed to pay Fees, section 19.2 limits Customer's total liability under this section 18.1.

18.2 By Open Session. This section 18.2 applies only if Customer has paid or agreed to pay Fees under an Order. Open Session will defend Customer against any third-party claim that the Service, as we provide it, infringes a United States patent, copyright or trademark, or misappropriates a trade secret, and will pay the resulting damages, costs and reasonable attorneys' fees finally awarded or agreed in a settlement. This does not cover claims arising from:

• Customer Content or Outputs;
• Connected Services or third-party materials;
• combinations with anything we did not provide;
• modifications we did not make;
• use in breach of these Terms.

If a claim is made or seems likely, we may modify the Service, obtain a license, or end the affected Service and refund prepaid Fees for the remaining term.

18.3 Procedure. The party seeking a defense must notify the other party promptly, give it sole control of the defense and settlement, and cooperate reasonably, at the other party's cost. No settlement may admit fault by, or impose obligations on, the defended party without its consent. This section 18 states each party's entire obligation for the third-party claims it covers.

19. Limitation of liability

19.1 Excluded damages. To the fullest extent the law allows, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, goodwill or data, arising out of or relating to these Terms or the Service, even if told they were possible.

19.2 Cap. To the fullest extent the law allows, each party's total liability arising out of or relating to these Terms or the Service is limited to the greater of:

• (a) the Fees Customer paid or owes for the Service in the 12 months before the event that gave rise to the liability; and
• (b) US$1,000.

19.3 Exceptions. Sections 19.1 and 19.2 do not limit:

• (a) either party's obligations under section 18, except as section 18.1 provides;
• (b) Customer's obligation to pay Fees;
• (c) a party's infringement or misappropriation of the other party's intellectual property, except claims arising from how we host, process or otherwise handle Customer Content as part of the Service;
• (d) liability for gross negligence, willful misconduct or fraud;
• (e) liability that the law does not allow to be limited.

19.4 Allocation of risk. These limits apply even if a remedy fails of its essential purpose. They reflect the allocation of risk on which we offer the Service, including where we offer it free of charge.

20. Governing law and disputes

20.1 Governing law. These Terms, and any Dispute, are governed by the laws of the State of California and applicable United States federal law, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

20.2 Informal resolution first. Before starting proceedings, a party must send the other a written description of the Dispute and try in good faith to resolve it for 30 days. Notices to us go to the email address in section 24. This does not stop either party from seeking urgent injunctive relief.

20.3 Courts. Subject to section 20.2, the state and federal courts in San Diego County, California, have exclusive jurisdiction over any Dispute. Each party consents to personal jurisdiction and venue there, wherever it is located. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.

20.4 Individual claims only. To the extent the law allows, each party may bring claims only in its individual capacity, and not as a plaintiff or class member in any class, collective or representative proceeding.

20.5 Earlier terms. For Disputes that arise after you accept these Terms, this section 20 replaces any dispute-resolution or arbitration provision in an earlier version of our terms for BOS.

21. Changes to these Terms

21.1 Updates. We may update these Terms. The date at the top shows when they last changed. Earlier versions are available on request.

21.2 Notice. For a material change, we will give notice at least 30 days before it takes effect: by email to Workspace owners and admins, and in the Service or on bos.live where practicable. Two kinds of change may take effect sooner:

• changes needed to comply with law or to address a security risk, with notice as soon as practicable;
• changes that are not material, such as clarifications or new contact details, which take effect when posted.

21.3 Continued use. If you keep using the Service after a change takes effect, the updated Terms apply to you. If Customer does not agree to a change, it may stop using the Service and terminate under section 16.3 before the change takes effect.

21.4 Limits on changes. Changes apply going forward only. They do not change an Order during its current term unless both parties agree. We will not use a change to these Terms to expand how we use Customer Content or data from Connected Services, including for AI training, without Customer's prior, express consent, and we will ask for consent before we use data from a Connected Service in a new way.

22. General

22.1 Assignment. Neither party may assign these Terms without the other's prior written consent, with one exception: either party may assign them, with notice, to a successor in a merger, acquisition, or sale of all or substantially all of its assets or of the business these Terms relate to. If a transfer would include data received from Google APIs, we will first obtain users' consent where Google's policies require it. Any other attempted assignment is void.

22.2 Subcontractors. We may use subcontractors and service providers to provide the Service. We remain responsible for the subcontractors we engage to perform our obligations under these Terms. Third-party AI model providers, Connected Services and Third-Party AI Clients handle content under their own terms, as sections 9.3, 9.4 and 10 describe.

22.3 Notices. We send notices to the email address associated with your account or with Customer's Workspace owners, or through the Service. Legal notices to us go to hello@opensession.co. You agree to receive communications from us electronically, and that electronic communications satisfy any legal requirement that a communication be in writing.

22.4 Force majeure. Neither party is liable for a delay or failure caused by events beyond its reasonable control, provided it uses reasonable efforts to resume performance. Such events include natural disasters, war, government action, pandemics, labor action, internet or utility failures, and cloud-provider outages. This does not excuse payment obligations.

22.5 Export and sanctions. Each party will comply with United States export-control and sanctions laws. You will not use the Service, or let anyone access it, in violation of them.

22.6 Publicity. If Customer is an organization, we may name it as a customer on our website and in marketing materials. Customer can ask us to stop at any time by writing to hello@opensession.co. Otherwise, we do not use Customer's name or marks without its consent.

22.7 Relationship. The parties are independent contractors. These Terms create no partnership, agency or employment relationship, and no third-party beneficiaries.

22.8 Entire agreement and order of precedence. These Terms, together with any Order and any data processing terms we sign with Customer, are the entire agreement about the Service and replace earlier agreements about it. If they conflict, this order applies: (1) data processing terms signed by both parties, on data protection; (2) an Order, for its subject matter; (3) these Terms. An Order overrides data processing terms only where it says so expressly.

22.9 Other terms. If any provision of these Terms is unenforceable, the rest stays in effect. Not enforcing a right is not a waiver of it. Headings are for convenience only. "Including" means "including without limitation".

23. Survival

These sections survive termination or expiry of these Terms:

• 1.1, 1.2, 1.5 and 1.6;
• 3.3, for conduct during the Term;
• 7.1, 7.3 and 7.4, and 7.2 for as long as we keep Customer Content under section 16;
• 9.2, 9.4 and 9.5, including Open Session's commitment not to train AI models on Customer Content, for as long as we keep Customer Content;
• 10.3 and 10.4, for as long as we keep data from Connected Services, and 10.7 and 10.8;
• 12, 13 and 14;
• 15, for as long as we keep Customer Content;
• 16.5 to 16.8;
• 17, 18, 19, 20, 21.4, 22, 23 and 24;
• any obligation to pay Fees owed.

24. Contact

Open Session Inc., San Diego, California, United States.

Email: hello@opensession.co

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