Product Terms of Use (Paid Products)
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1. These Terms cover Aetos's paid products
These Paid Terms of Use ("Terms") are an agreement between Aetos Data Consulting LLC ("Aetos," "we," or "us") and the organization or business purchaser buying or using the products ("Customer" or "you"). They apply to the paid TPS Report, the Aerie client workspace at aerie.aetos-data.com ("Aerie"), and other Aetos digital products expressly supplied under these Terms (together, the "Paid Products"). Consulting services and paid Tabletop engagements require a separate agreed scope and commercial terms. These Terms do not grant a license to facilitate or resell Aetos scenarios to others.
2. Customer and users must expressly accept the applicable terms
Customer accepts these Terms and the Aetos Data Processing Agreement ("DPA") through an unchecked box at checkout or a signed order. Both are available to review and save before acceptance. Anyone accepting on behalf of an organization must have authority.
Each invited Aerie user (an "Authorized User") separately accepts Sections 10 through 12, 14, 16, 18, 19, 23, and 24 at first sign-in, subject to the Signed Agreement. We record the version and acceptance time. Users do not personally assume Customer's payment or indemnity duties or amend its contract. Their claims share the applicable liability limit, subject to nonwaivable rights. Customer is responsible for the use it authorizes and for promptly requesting removal of users who no longer need access.
3. The Paid Products are for business use
The Paid Products are for business and professional use, not personal, family, or household use. Authorized Users confirm they are at least 18 years old. Access is limited to the products and permissions purchased or expressly authorized by Aetos.
4. A signed agreement takes priority, and tabletop participants use the free terms
A signed agreement, order, statement of work, or data processing agreement covering the Paid Products (a "Signed Agreement") takes priority over these Terms, including on scope, fees, deliverables, data, retention, remedies, liability, and disputes. These Terms supplement that agreement for digital-product use. A DPA controls personal data processing; mandatory transfer clauses control as they require. Without a Signed Agreement, these Terms and the purchase details accepted at checkout govern a standalone TPS Report. Checkout sets price, delivery, and promotional terms without overriding data protections or remedies. Aerie requires an engagement agreement or written order specifying its access period. Other Paid Products require an accepted scope, price, and access period.
Every tabletop participant, including participants in a paid engagement, expressly accepts the applicable Aetos Free and Beta Terms of Use on the entry screen. Those terms govern session conduct and use of exercise materials, and preserve the paid engagement's terms. Participant acceptance does not make a paid engagement free or beta or subject it to the free-service liability limit.
5. The Paid Products are not offered in certain countries
We do not offer the Paid Products in China, Pakistan, Iran, North Korea, Russia, Belarus, Cuba, or Syria, and they may not be accessed from those countries or on behalf of anyone located there. We also do not provide the Paid Products in any other country or region where doing so is prohibited by applicable US sanctions or export controls. Customer confirms it is not an entity with whom Aetos is prohibited from doing business under applicable US sanctions or export controls, including applicable ownership restrictions, and will not authorize prohibited access or use.
6. The TPS Report is a point-in-time assessment of your answers
The TPS Report is a written assessment of your questionnaire answers, the risks and gaps they show, and a proposed 90-day plan. It is a point-in-time assessment of the information you provided. It is not a comprehensive audit, and we do not independently verify your organization. Please give accurate, complete answers, and tell us promptly if a material answer changes before delivery.
Unless checkout states a different agreed delivery date, we aim to release your TPS Report within 10 business days after payment and receipt of the completed questionnaire and any clarification reasonably needed to prepare it. We will promptly identify missing information and tell you if we expect a delay. The refund right in Section 7 runs from payment unless you expressly agree otherwise in writing. We deliver the report or an accessible download link to the purchase email address, or another address Customer authorizes. Report download links expire 90 days after issue, so keep your copy. You may request a replacement link while we retain the report. A checkout link is an invitation to purchase, not a guarantee that an offer, price, or Sprint credit remains available.
7. Price, payment, and refunds
The TPS Report price is sent by email and is firm, unless we expressly offer and you accept a different price. Payment is processed through Stripe Checkout, and Aetos does not receive your full card details. A TPS Report is a one-time purchase. It does not create a subscription or enroll you in any other engagement.
Refunds. If we have not released your TPS Report within 30 calendar days after payment, you may cancel the undelivered report and request a full refund. We will not defeat a cancellation already received by later delivery. If we decline or cancel the order, we will refund any payment for the undelivered report. Otherwise, fees are non-refundable except under Sections 18 and 21 or applicable law. If you direct us to delete information essential to delivery, we will explain the effect and seek your instruction before cancelling; cancellation at your request does not itself create a refund right, and an order you cancel for that reason before it qualifies for the non-delivery refund does not later qualify merely because 30 days pass. We will initiate refunds owed under these Terms to the original payment method within 10 business days; your payment provider's processing time may vary. The refund policy is shown before payment and does not limit rights that cannot legally be excluded.
8. The Readiness Sprint credit has a book-by date
Unless checkout shows a different offer, the TPS Report fee actually paid, excluding taxes and any amount refunded, is credited toward an Aetos Readiness Sprint booked within 30 calendar days after your free Snapshot date. The period starts on the Snapshot date, not the purchase or delivery date. Checkout shows the book-by date and flags an expired offer before payment. If the offer is available when you buy and we release the report less than 14 calendar days before that date or after it, the book-by date extends to 14 calendar days after release. The report confirms the applicable date. An offer already expired when you buy is not revived unless checkout expressly says so.
Booked means a signed Readiness Sprint sales agreement. The credit applies once, only to Readiness Sprint fees, is not transferable, has no cash value, and cannot be combined with other offers. The credit does not book a Sprint, reserve capacity, or commit you to buy anything; a Sprint needs a separate agreement on scope and price.
9. We use AI to draft, and a person reviews every report
We use Anthropic's Claude API to draft the TPS Report narrative from your answers and scores, and Aetos reviews and edits every report before release; please tell us about material errors. We do not permit general-purpose model training on Customer Content or submit it as provider feedback. The DPA provider schedule, available before submission, explains the applicable retention periods, including longer safety or legal retention and model-specific limits on zero retention; we remain responsible for our DPA obligations.
Aerie's planned AI gap analysis remains off until its zero-data-retention arrangement is confirmed for the intended use and the required DPA and subprocessor steps are complete. Before activation, we will notify Customer's administrator about the feature, provider, data used, and retention. The Signed Agreement governs AI use and any agreed no-AI exception; these Terms add no separate opt-in. Aerie findings remain proposals until Aetos marks them final.
10. You may use and share your report for your business
Once paid in full, your TPS Report is yours to keep, copy, and use for your business. You may share the complete report privately with your professional advisors, prospective or existing customers, investors, lenders, and insurers for their assessment of your business. Keep its attribution, limitations, and notices; do not present it as a certification, legal opinion, or guarantee. Aetos undertakes no duty to recipients, and sharing gives them no reliance rights against Aetos. Do not publish, resell, publicly post, or use the report to provide assessments to others without our written permission or a Signed Agreement allowing it. This permission is non-exclusive and continues after access ends. Section 14 permits legally required disclosure.
Aetos keeps all rights in its platform, methods, scoring, scenarios, templates, and tools, including those embedded in reports ("Aetos Materials"). Rights in other engagement deliverables are governed by the Signed Agreement.
11. You own your content and are responsible for it
Customer and its licensors retain their rights in information and documents Customer and its Authorized Users submit ("Customer Content"). No ownership of Customer Content transfers to Aetos, including when it is incorporated into a report. Customer gives Aetos a limited right to host, copy, process, and display Customer Content to deliver, secure, support, and administer the Paid Products, using authorized personnel and service providers under Section 15 and the DPA. Customer Content is not sold or used for unrelated advertising or general-purpose AI model training. Any permitted sales follow-up is governed by the disclosed controller purposes and marketing choices described in Section 15. Customer confirms it has the rights, permissions, and lawful basis needed to share Customer Content, including personal information.
Please upload only what the engagement reasonably needs and keep your own copies of important records. Supported formats and file-size limits are shown in the workspace. Do not upload passwords, authentication secrets, full payment card details, or regulated or sensitive personal information outside the expressly agreed scope and safeguards. Protected health information requires a business associate agreement covering Aetos and each relevant provider before submission. Automated file scanning does not guarantee a file is safe. Tell us promptly if restricted information is submitted by mistake.
12. Aerie access is by invitation and kept secure
Aerie is an invitation-only workspace for engagement checklists, forms, uploads, reference documents, and related messages, available for the engagement or access period. These Terms do not create a separate Aerie subscription, a permanent hosting commitment, a service-level commitment, or round-the-clock support.
Roles. Customer's administrators manage users, assignments, and document permissions, and are responsible for those choices and for asking us to remove users who no longer need access. Administrators may see all of Customer's documents; contributors receive the permissions assigned to them. Authorized Aetos personnel, including facilitators and contractors bound by written confidentiality obligations, may access Customer Content only as needed to deliver, support, secure, or administer the engagement. A user's platform role does not itself authorize purchases, contract amendments, or legal advice.
Security. Every sign-in requires a password and authenticator code; sessions end after 30 minutes of inactivity. Protect passwords, authenticator and recovery codes, devices, and invitation links. Do not share accounts or try to view another organization's information. Report suspected unauthorized access promptly to security@aetos-data.com.
Activity log. Aerie records account and document activity for security and accountability.
13. Your content is kept and deleted on a set schedule
Aerie retention, deletion, legal holds, and export follow the Signed Agreement and DPA; workspace settings do not override them. Unless the Signed Agreement says otherwise, we give at least 7 days' email notice before scheduled document deletion and 30 calendar days after engagement access ends to export Customer Content, through limited access or reasonable help in an available standard format. Scheduled deletion will not shorten that window. Legal holds, required retention, or your authorized earlier deletion request may affect the process; we explain restrictions where permitted. We promptly remove content when deletion is due. Protected backups expire under the DPA schedule, and restored backups remain subject to deletion instructions. Keep your own copies; Aerie is not your permanent records custodian.
For a standalone TPS Report, we retain the report and its data for 24 months after delivery unless you request earlier deletion or legal retention is required. We delete it from active systems at the end of that period or within 30 calendar days of an authorized request to privacy@aetos-data.com, and direct our processors to meet their deletion duties. Any necessary verification will not extend a legal deadline. Backups and provider-retained records follow the disclosed DPA schedules and exceptions; retained copies remain protected. Limited billing, contract, security, claims, and opt-out records follow the Privacy Notice and are not used for marketing. Stripe keeps its own transaction records. Section 7 governs refunds, and any shorter legal deletion deadline controls.
14. Each party protects the other's confidential information
Where no separate confidentiality agreement applies, each party will protect the other's nonpublic business information with reasonable care, use it only for the Paid Products or engagement and other specific uses expressly permitted by these Terms, and share it only with people who need it and are bound to keep it confidential. This covers Customer Content and nonpublic Aetos Materials. It does not restrict report sharing expressly permitted by Section 10. It does not cover information that is public without a breach, already lawfully known, independently developed, or lawfully received without restriction. A party may disclose information when legally compelled, with advance notice where allowed, and only what is required. The receiving party will reasonably cooperate, at the disclosing party's expense, with lawful efforts to protect that information. These duties continue after termination for as long as the information remains confidential. Our current subprocessor list is linked with the DPA before acceptance.
15. Personal information is handled under our Privacy Notice and any DPA
The Privacy Notice explains how we handle personal information. We process Customer's Snapshot, Report, Aerie, and paid Tabletop content under the DPA available before acceptance, unless its Signed Agreement supplies the controlling DPA. We separately handle our own billing, contact, account, security, and disclosed marketing records, including permitted Snapshot follow-up. Promotional emails require separate opt-in; necessary service and legal notices do not. We maintain reasonable safeguards and notify Customer without undue delay after learning of unauthorized access, use, loss, or disclosure of Customer Content, with details as available and subject to more specific agreed requirements. The DPA covers providers, transfers, assistance, and return or deletion. Using providers does not relieve us of our agreed duties. Free Tabletop practices appear in the Free and Beta Terms; personalized client profiles remain confidential and limited to agreed exercises and deliverables.
16. Use the Paid Products as intended
You agree not to:
- share accounts, credentials, or recovery codes, or let anyone other than an Authorized User into Aerie;
- copy, scrape, systematically extract, or reverse engineer the Paid Products, Aetos Materials, or our scoring method, except for copying and use expressly permitted by Section 10 or a Signed Agreement, export of Customer Content under Section 13, or rights the law does not allow us to restrict;
- use Aetos Materials to build, train, or supply a competing assessment or exercise product or service;
- upload Aetos Materials to an outside AI service or include them in an AI training dataset without our written permission;
- get around access controls, upload limits, geographic restrictions, or security measures;
- upload malicious code, unlawful material, or information you are not authorized to share;
- probe or test the security of the Paid Products without our written permission; or
- use the Paid Products in a way that breaks the law or infringes others' rights.
17. We may use your feedback and de-identified data
Customer grants Aetos a non-exclusive, perpetual, irrevocable, worldwide, royalty-free right to use, modify, and otherwise exploit suggestions and feedback it chooses to give about our products and services, for any purpose, without payment or other obligation. Feedback does not include Customer Content, reports, questionnaire answers, personal information, or confidential information just because they are submitted to Aetos, and giving feedback does not waive confidentiality.
We may use de-identified, aggregated information from the Paid Products to improve our methods, products, and services, but only if it does not identify Customer or any person, or disclose Customer Content or other confidential information. Removing direct identifiers alone is not enough. We will not attempt to re-identify anyone, will maintain reasonable measures against re-identification, and will require any recipient to do the same. This permission does not authorize training general-purpose AI models on Customer Content or override a Signed Agreement, the DPA, our Privacy Notice, or applicable law.
18. Aetos's commitment and warranty limits
Aetos will provide the Paid Products with reasonable care and skill, consistent with generally accepted industry practice and the purchase description you accepted. For a delivered report, notify us of a failure to meet that standard within 30 calendar days after delivery. For continuing workspace services, notify us promptly after discovery during the access period or within 30 calendar days after it ends. We will, at our choice, correct or re-perform the affected product or refund the fees paid for the affected part. If we do not correct or re-perform within 30 calendar days after receiving a reasonably detailed notice, Customer may elect that refund. This is the exclusive remedy for breach of this service-quality warranty, but does not replace remedies for a separate confidentiality or data protection breach, a refund owed elsewhere in these Terms, or liability that Section 19 does not limit.
Aetos Data Consulting LLC is a consulting firm, not a law firm. The Paid Products are not legal advice, do not create an attorney-client relationship, and are not an audit, attestation, or certification. Any separate legal engagement is governed by its own terms and applicable professional obligations. The Paid Products do not guarantee compliance, security, insurance coverage, regulatory approval, or any commercial outcome. Customer remains responsible for its decisions and for getting appropriate professional advice.
EXCEPT FOR THE EXPRESS COMMITMENTS IN THESE TERMS AND RIGHTS THAT CANNOT BE EXCLUDED, THE PAID PRODUCTS ARE PROVIDED "AS AVAILABLE," WITHOUT IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE ACCESS, OR THAT ANY RESULT WILL BE ACCEPTED BY AN AUDITOR, CUSTOMER, INSURER, OR REGULATOR. Maintenance, security events, or provider outages may interrupt access. A platform change will not cancel an existing paid delivery or materially reduce what you bought without your agreement or an appropriate remedy.
19. Liability is limited for both parties
IF NO SIGNED AGREEMENT GOVERNS LIABILITY, THEN TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL. THESE LIMITS APPLY WHATEVER THE LEGAL THEORY OF THE CLAIM.
General cap. Each party's total liability for all claims relating to the affected Paid Product will not exceed the greater of US $1,000 and the fees paid or payable for that product. For an expressly agreed recurring product, the fee measure is fees paid or payable for it in the 12 months before the event causing the claim, with the same US $1,000 minimum cap. A one-time TPS Report fee does not drop out of the calculation as time passes. Aerie liability follows the applicable Signed Agreement. The limits apply in the aggregate for the affected product, not separately per incident or claimant.
Higher cap for confidentiality data and content claims. Claims arising from a breach of Section 14 or 15, a data protection obligation in Section 9, 11, 13, or 17 or the applicable DPA, unauthorized access to Customer Content, or Customer's indemnity under Section 20 for third-party claims arising from Customer Content it had no right to share are subject to an aggregate limit of two times the general cap. That is the total ceiling for capped claims relating to the affected product combined, including general claims, not an additional amount on top of the general cap. The damages exclusions above still apply, except that reasonable direct costs of investigating a covered security incident, restoring affected data, and making legally required notifications are recoverable within this higher cap to the extent caused by the other party's breach.
No cap. The caps and exclusions do not apply to Customer's payment obligations; misuse of Aetos's intellectual property by Customer or its Authorized Users, meaning unauthorized copying, publication, resale, or distribution of Aetos Materials, using them to build or supply a competing assessment or exercise product, or using them to train an AI model or build a training dataset, including Customer's obligations under Section 20 for that misuse; fraud; willful misconduct; gross negligence; reckless misconduct; or liability the law does not allow to be limited.
Other breaches of Section 10 or Section 16, such as account sharing, fall under the general cap unless the higher cap or a no-cap exception applies. Customer Content indemnity claims fall under the higher cap unless a no-cap exception applies. Related claims are treated as one claim arising at the first related event, and multiple claims do not increase a cap. Defense costs, final awards, and authorized settlements under Section 20 count toward and reduce the applicable cap, unless a no-cap exception applies. Amounts owed to a third party under that indemnity are not excluded just because the third party calls its loss consequential or lost profits; the cap still applies. Refunds owed under these Terms are not reduced by any cap. These interparty limits do not restrict a regulator's powers, mandatory data-subject rights, or rights under mandatory international transfer clauses.
20. You are responsible for your content and misuse
Customer will defend Aetos against any third-party claim arising from Customer Content it had no right to share or from a breach of Section 16 by Customer or its Authorized Users, and pay damages and costs finally awarded against Aetos or agreed in a settlement authorized under this section, plus reasonable defense attorneys' fees. An Authorized User does not personally take on this Customer obligation by accepting these Terms at sign-in.
Aetos will notify Customer of the claim promptly in writing; late notice reduces Customer's obligation only to the extent it materially harms the defense. Customer may control the defense with qualified counsel reasonably acceptable to Aetos. Aetos will cooperate at Customer's expense and may take part with its own counsel at its own expense, except that Customer will cover reasonable separate counsel costs caused by an actual conflict of interest. Customer may not settle a claim in a way that admits fault for Aetos, places a non-monetary obligation on Aetos, or fails to fully release Aetos, without Aetos's written consent, which will not be unreasonably withheld. If Customer does not take over the defense promptly after notice, Aetos may defend the claim and recover its reasonable costs.
This obligation does not cover a claim to the extent caused by Aetos's breach of these Terms, negligence, or willful misconduct. Amounts under this section are subject to Section 19, and Aetos will not recover twice for the same loss.
21. Access can be suspended or ended
Aetos may suspend access as reasonably needed to address a security threat, unlawful use, undisputed overdue fees after notice, or a material breach. Where practical, we will explain the reason, limit the suspension to affected users or functions, and give a chance to fix the issue. Urgent security or legal risks may require immediate action; we will notify Customer promptly afterward where permitted. We will restore access when the grounds are resolved. Suspension does not transfer Customer Content to Aetos or cancel a refund owed. Either party may terminate the affected Paid Product for a material breach not cured within 30 calendar days after written notice, or immediately if the breach cannot be cured. If Customer terminates for Aetos's uncured breach, Aetos discontinues a paid product without Customer's breach, or an event under Section 24 prevents delivery for more than 30 calendar days, Customer may recover prepaid fees for undelivered products and unused prepaid access. Section 7 separately governs an undelivered TPS Report.
When authorized access ends, Authorized Users must stop using Aerie except for export access under Section 13. We will not use termination to avoid delivery, refund, export, confidentiality, or deletion obligations. Sections 4, 6, 7 (as to fees and refunds owed), 10, 11 (as needed for lawful retention and exit), 13 through 20, and 23 through 25 survive to the extent needed to give them effect. Section 16 remains applicable to retained Aetos Materials. Ending access does not cancel a pending deletion or export request. Customer may stop using a product at any time, subject to agreed fees and access periods.
22. These Terms may be updated
A TPS Report purchase stays under the version accepted at checkout. Aerie changes follow the Signed Agreement's amendment process. If it supplies none, we give Customer's administrators at least 30 days' notice of a proposed material change and obtain an authorized representative's agreement by email, signed amendment, or another recorded method before it binds Customer. Otherwise, the existing terms continue for the agreed access period. We may make operational changes needed for law or urgent security risks, with prompt notice, without enlarging our data rights or removing agreed remedies. A user's sign-in does not amend Customer's contract. Nonmaterial clarifications do not reduce existing rights.
23. Delaware law applies
Where no Signed Agreement controls, these Terms are governed by the laws of the State of Delaware, without regard to conflict of laws rules. Any dispute relating to these Terms or the Paid Products will be heard only in the state courts of Delaware or, where federal jurisdiction exists, the United States District Court for the District of Delaware, and both parties consent to those courts. Before filing a lawsuit, each party will give written notice describing the dispute and allow 30 calendar days to seek an informal resolution. A party may act sooner for urgent relief or to preserve a claim before a filing deadline. This process does not extend filing deadlines or restrict regulatory complaints or rights the law does not allow the parties to limit.
24. General terms
These Terms, the applicable DPA, the purchase details accepted at checkout, and any Signed Agreement form the entire agreement about the Paid Products, subject to Section 4. The Privacy Notice explains processing and does not authorize unrelated use or amend this contract. If a provision is unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver. Neither party may assign these Terms without the other's consent, except in connection with a merger, acquisition, or sale of substantially all related assets to a successor that assumes the obligations. Assignment cannot expand permitted data use. Neither party is responsible for a delay caused by an event beyond its reasonable control if it promptly gives notice and takes reasonable steps to mitigate the effects; this does not excuse payment already due or applicable confidentiality, data protection, refund, and exit obligations. There are no third-party beneficiaries except as expressly provided in the DPA or required by law. Legal notices go to hello@aetos-data.com and Customer's designated contact, and are received when delivered without an automated failure notice. Electronic acceptance and signatures may form a binding agreement.
25. Contact
Aetos Data Consulting LLC, 8 The Green, Suite B, Dover, DE 19910.
Privacy requests: privacy@aetos-data.com.
Product, delivery, billing, and other questions about these Terms: hello@aetos-data.com.
Security issues: security@aetos-data.com.
