Terms of Use

1. Agreement and scope

These Terms of Use, the Privacy Policy, any applicable data processing addendum, and any order form, statement of work, online checkout, quote, or other written ordering document accepted by Round Infinity together form the agreement between the customer and Round Infinity, Inc. (the “Agreement”). “Round Infinity,” “we,” “us,” and “our” mean Round Infinity, Inc., a Delaware corporation. “Customer,” “you,” and “your” mean the individual or legal entity using the Services.

If an Order Form conflicts with these Terms, the Order Form controls only for the conflicting subject and only for the Services covered by that Order Form. The Services are intended for users who are at least 18 years old and for lawful business purposes.

We may update these Terms. Material changes will apply prospectively after notice through the Site, an account, email, or another reasonable method. Continued use after the effective date constitutes acceptance. An Order Form signed by both parties may specify different change controls for its committed term.

2. Services and access

Subject to the Agreement and payment of applicable fees, Round Infinity grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the applicable subscription term to access and use the Services for Customer’s internal business purposes.

Services may include cloud software, mobile applications, APIs, SDKs, AI agents, workflows, communications, professional services, previews, trials, and beta features. Documentation, technical limits, usage allowances, and feature availability may vary by plan, region, channel provider, or Order Form.

Trials, previews, and beta features may be changed or withdrawn at any time, are provided for evaluation, and may be subject to reduced support, security, availability, or retention commitments.

3. Accounts and security

Customer must provide accurate account information, designate authorized administrators, protect credentials, apply appropriate user permissions, and promptly notify Round Infinity of suspected unauthorized access. Customer is responsible for activities occurring through its accounts, except to the extent caused by Round Infinity’s breach of the Agreement.

Customer is responsible for its systems, devices, connectivity, identity providers, account configurations, users, and all instructions submitted through authorized accounts. Round Infinity may require authentication or verification before processing sensitive account requests.

4. Acceptable use

Customer will comply with applicable laws and will not, and will not permit any person to:

• access or use the Services unlawfully, fraudulently, deceptively, or in a manner that infringes another person’s rights;
• introduce malware, interfere with service integrity, bypass controls, probe or test vulnerabilities without written authorization, or gain unauthorized access;
• reverse engineer, decompile, copy, modify, or create derivative works of the Services except where a restriction is prohibited by law;
• resell, lease, time-share, benchmark for publication, or use the Services to build a competing product without written permission;
• send spam or unlawful communications, impersonate others, or violate consent, telemarketing, messaging, recording, privacy, employment, credit, healthcare, or consumer protection requirements;
• submit content that is illegal, malicious, defamatory, discriminatory, infringing, or designed to facilitate harm;
• use the Services for autonomous high-risk decisions about employment, credit, housing, insurance, healthcare, legal rights, public benefits, or personal safety without qualified human review and all legally required safeguards; or
• upload regulated or sensitive data unless the Agreement expressly permits it and Customer has implemented required safeguards and obtained all necessary rights and consents.

We may investigate suspected violations and remove or restrict content or access where reasonably necessary to protect the Services, our customers, third parties, or the public.

5. AI features and outputs

AI features may generate predictions, classifications, recommendations, summaries, content, or actions (“Outputs”). Outputs may be incomplete, inaccurate, or unsuitable for a particular purpose. Customer is responsible for configuring permissions and approval points, evaluating Outputs, and applying human review appropriate to the use case and risk.

Customer must not represent Outputs as human-generated where disclosure is required, or rely on Outputs as the sole basis for decisions that produce legal or similarly significant effects unless permitted by law and supported by appropriate testing, notice, consent, review, and appeal mechanisms.

Round Infinity does not provide legal, medical, financial, employment, credit, or other professional advice. Customer remains responsible for its business decisions, communications, workflows, and actions taken through the Services.

6. Customer Data and privacy

“Customer Data” means data, files, communications, instructions, records, prompts, and other content submitted to or processed through the Services by or for Customer. As between the parties, Customer retains its rights in Customer Data.

Customer grants Round Infinity and its subprocessors a worldwide, non-exclusive right to host, copy, transmit, modify, display, and otherwise process Customer Data only as reasonably necessary to provide, secure, support, improve, and comply with law in relation to the Services and as otherwise stated in the Agreement.

Customer represents that it has all rights, notices, consents, and lawful bases required to process Customer Data and instruct Round Infinity to do so. When Round Infinity processes personal data on Customer’s behalf, Customer is the controller or business and Round Infinity is the processor or service provider, unless the parties agree otherwise in writing. A data processing addendum may be requested at support@roundinfinity.com.

Following termination, Customer should export Customer Data within any retrieval period stated in the Order Form or account documentation. After that period, Round Infinity may delete or render inaccessible Customer Data, subject to backup cycles, legal retention duties, security records, and technical limitations. Round Infinity is not obligated to retain Customer Data indefinitely.

7. Intellectual property

Round Infinity and its licensors retain all rights in the Services, software, models, workflows, templates, interfaces, documentation, designs, know-how, improvements, and related technology. No rights are granted except the limited access right expressly stated in the Agreement.

If Customer provides feedback or suggestions, Round Infinity may use them without restriction or payment, provided we do not identify Customer as the source without permission. Customer may not remove proprietary notices or use Round Infinity names, marks, or branding without prior written consent.

8. Fees, billing, and pricing changes

Fees and commercial terms are those shown in an accepted Order Form, quote, online checkout, billing page, or other written offer from Round Infinity. A public webpage or marketing statement is informational and is not a binding price offer unless it expressly says otherwise.

Unless an Order Form states otherwise, subscription fees are billed in advance, usage-based charges are billed in arrears or deducted from a prepaid balance, payment obligations are non-cancellable, and fees paid are non-refundable except where required by law or expressly stated in the Agreement. Customer is responsible for applicable taxes other than taxes on Round Infinity’s net income.

Round Infinity may introduce, remove, or change list prices, plans, usage rates, minimum commitments, overage rates, add-on fees, and billing methods at any time. Changes apply prospectively from the stated effective date. For a fixed paid subscription term, revised subscription pricing normally applies at renewal unless the Order Form permits an earlier change. Taxes, third-party pass-through charges, usage charges, requested scope changes, and services outside a committed term may change when the underlying cost or applicable rate changes.

If a subscription renews automatically, the renewal cadence and cancellation method will be disclosed in the applicable ordering flow. Customer may prevent renewal through the account method provided or written notice before the renewal date. Continued use after a pricing change takes effect constitutes acceptance of the revised pricing.

Overdue amounts may accrue interest at 1.5% per month or the maximum lawful rate, whichever is lower, plus reasonable collection costs. Round Infinity may suspend paid or usage-based Services for overdue amounts or an insufficient prepaid balance.

9. Third-party services and integrations

The Services may interoperate with telecommunications providers, payment processors, AI model providers, cloud services, social networks, customer-selected applications, and other third parties. Third-party services are governed by their own terms and privacy practices. Round Infinity does not control and is not responsible for third-party services, changes, outages, data handling, or acts and omissions.

Customer authorizes Round Infinity to exchange Customer Data with integrations enabled or instructed by Customer. Changes by a third-party provider may limit or end an integration without liability to Round Infinity.

10. Confidentiality

Each party may receive non-public information that a reasonable person would understand to be confidential. The receiving party will use it only to perform or exercise rights under the Agreement, protect it using reasonable care, and disclose it only to personnel, advisers, and providers who need to know and are bound by confidentiality obligations.

Confidential information does not include information independently developed, rightfully received without restriction, publicly available without breach, or approved for release. A party may disclose information when legally required after providing notice where legally permitted.

11. Suspension and termination

Round Infinity may suspend or restrict access immediately if reasonably necessary to address nonpayment, a security risk, suspected unlawful or harmful conduct, breach of the Agreement, excessive use that threatens the Services, a third-party provider requirement, or legal or regulatory risk. Where practicable, we will provide notice and an opportunity to cure.

Either party may terminate for a material breach not cured within 30 days after written notice, or immediately if the breach cannot be cured. Round Infinity may terminate or decline renewal for convenience upon notice, subject to any committed term in an Order Form. Customer may stop using the Services at any time, but termination does not relieve accrued payment obligations.

Upon termination, access rights end. Sections intended by their nature to survive, including payment obligations, ownership, confidentiality, disclaimers, indemnity, liability limits, disputes, and general terms, will survive.

12. Service changes, wind-down, and business discontinuation

Round Infinity may modify, replace, limit, suspend, or discontinue any Service, feature, plan, integration, region, business line, or the business as a whole. Nothing in the Agreement requires Round Infinity to continue operating any Service or company for a minimum period except an express written commitment in an Order Form.

If Round Infinity permanently discontinues a paid Service during a committed term for reasons other than Customer breach, we will use commercially reasonable efforts to provide advance notice and a reasonable opportunity to export Customer Data. Unless an Order Form states otherwise, Customer’s exclusive monetary remedy is a prorated refund of prepaid subscription fees covering the discontinued period. No refund is due for usage already consumed, professional services already performed, third-party charges, free Services, or termination caused by Customer.

Round Infinity may assign or transfer the Agreement, Customer accounts, and related data in connection with a financing, merger, acquisition, reorganization, sale of assets, insolvency process, or dissolution, subject to applicable law and the Privacy Policy.

13. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, OUTPUTS, CONTENT, TRIALS, AND BETA FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ROUND INFINITY DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

ROUND INFINITY DOES NOT WARRANT THAT THE SERVICES OR OUTPUTS WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, COMPLETE, OR SUITABLE FOR CUSTOMER’S REQUIREMENTS, OR THAT ALL DEFECTS OR HARMFUL COMPONENTS WILL BE CORRECTED. NO ONLINE SERVICE OR SECURITY MEASURE IS COMPLETELY RELIABLE.

Any service level, support, security, or warranty commitment applies only if expressly stated in an Order Form or separate written agreement signed by Round Infinity.

14. Customer indemnity

Customer will defend, indemnify, and hold harmless Round Infinity, its affiliates, and their officers, directors, employees, and agents from third-party claims, damages, fines, penalties, costs, and reasonable attorneys’ fees arising from Customer Data, Customer’s products or services, Customer’s use of AI Outputs, breach of the Agreement, violation of law, or infringement or misuse of another person’s rights.

Round Infinity will provide prompt notice and reasonable cooperation. Customer may control the defense, but may not settle a claim in a manner that admits fault by, imposes obligations on, or fails to fully release Round Infinity without written consent.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ROUND INFINITY NOR ITS SUPPLIERS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, SAVINGS, GOODWILL, BUSINESS OPPORTUNITY, DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ROUND INFINITY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE AGREEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO ROUND INFINITY FOR THE AFFECTED SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. FOR FREE SERVICES, THE CAP IS US $100.

The limitations apply regardless of legal theory and allocate risk between the parties. They do not limit liability that cannot lawfully be limited. Multiple claims do not increase the cap.

16. Governing law and dispute resolution

Before filing a claim, a party must send written notice describing the dispute and requested relief. The parties will attempt in good faith to resolve it for 30 days. This requirement does not prevent a party from seeking urgent injunctive relief or preserving a limitation period.

Any controversy or claim arising out of or relating to the Agreement that is not resolved informally will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules by one arbitrator. The seat and hearing location will be Wilmington, Delaware, unless the parties agree otherwise. Judgment on the award may be entered in any court with jurisdiction.

Claims must be brought only on an individual basis. Neither party may participate in a class, collective, consolidated, or representative action or arbitration. If this waiver is unenforceable for a claim, that claim must proceed in the state or federal courts located in Delaware and not in arbitration.

The Agreement is governed by Delaware law, excluding conflict-of-law rules. Either party may bring an eligible claim in small claims court or seek injunctive relief for unauthorized access, misuse, or infringement of intellectual property or confidential information. EACH PARTY WAIVES TRIAL BY JURY TO THE EXTENT PERMITTED BY LAW.

17. General terms

Compliance

Customer will comply with export controls, sanctions, anti-corruption, communications, privacy, and other applicable laws. Customer may not use the Services for or on behalf of prohibited persons, territories, or end uses.

Force majeure

Round Infinity is not liable for delay or failure caused by events beyond its reasonable control, including internet or cloud failures, third-party provider acts, labor disputes, natural disasters, epidemics, war, terrorism, civil unrest, government action, utility failures, cyberattacks, or shortages.

Assignment

Customer may not assign the Agreement without Round Infinity’s prior written consent. Round Infinity may assign or delegate the Agreement, in whole or part, without consent, including to an affiliate or in connection with a corporate transaction, financing, restructuring, or dissolution.

Entire agreement and severability

The Agreement is the entire agreement regarding its subject and supersedes prior discussions. Purchase order terms do not apply unless expressly accepted in writing by Round Infinity. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remaining provisions remain effective. Failure to enforce a provision is not a waiver.

Relationship and notices

The parties are independent contractors. The Agreement creates no partnership, agency, fiduciary, franchise, employment, or joint venture relationship. Notices may be delivered electronically. Headings are for convenience only, and “including” means “including without limitation.”

18. Contact