These Inference API Terms of Service (these "Terms") are an agreement between ai& and you or the organization, company, or other entity that you represent ("Customer"). "ai&" means ai& Inc., a kabushiki kaisha having its registered office at Queen's Tower A, 10th Floor, 2-3-1 Minatomirai, Nishi-ku, Yokohama-shi, Kanagawa 220-6010, Japan.

These Terms govern Customer's use of ai& API keys and any other ai& offering that references these Terms, as well as all related ai& tools, documentation, and services (the "Services"). The Services consist of inference and related capabilities provided by ai& through which Customer may access certain third-party artificial intelligence models that ai& hosts on its Japan-based infrastructure (each a "Hosted Model" and collectively, the "Hosted Models"). These Terms are effective on the earlier of the date Customer first electronically consents to a version of these Terms and the date Customer first accesses the Services (the "Effective Date").

Please note: You may not enter into these Terms on behalf of an organization, company, or other entity unless you have the legal authority to bind that entity. 

A. Services

A.1. Overview. Subject to these Terms, ai& gives Customer permission to use the Services, including to power products and services Customer makes available to its own customers and end users ("Users"). The Services are described at https://docs.aiand.com, and the current list of Hosted Models and applicable pricing is available at https://docs.aiand.com/models/catalog/ and https://docs.aiand.com/models/pricing/ (collectively, the "Pricing Pages"), each as updated from time to time.

A.2. Hosted Models. Each Hosted Model made available through the Services is created and licensed by a third party (the "Model Provider") under that Model Provider's own license terms (the "Model Provider Terms"). The Model Provider Terms for each Hosted Model are typically published by the Model Provider (e.g., on the Model Provider's website or accompanying the model's distribution); to the extent any Model Provider Terms applicable to a Hosted Model offered through the Services are not otherwise publicly available, ai& will provide a copy to Customer on Customer's request. Customer is responsible for reviewing, and for its compliance with, the Model Provider Terms applicable to each Hosted Model that Customer uses and any Outputs generated through that Hosted Model. Customer's use of each Hosted Model and any Outputs is subject to (a) these Terms and (b) the applicable Model Provider Terms. To the extent of any conflict between these Terms and the Model Provider Terms with respect to a particular Hosted Model, the Model Provider Terms control with respect to use of that Hosted Model and its Outputs. ai& makes no representation or warranty regarding any Hosted Model, any Model Provider, or any Model Provider Terms, including with respect to a Hosted Model's training data, accuracy, completeness, safety, or fitness for any purpose.

A.3. Third Party Features. Customer may elect (in its sole discretion) to use features, services, or other content made available by third parties to Customer through the Services ("Third Party Features"). Customer acknowledges and agrees that Third Party Features are not Services and, accordingly, ai& is not responsible for them. For clarity, Hosted Models are part of the Services and are not Third Party Features.

A.4. Feedback. If Customer provides (in its sole discretion) ai& with feedback regarding the Services, ai& may use that feedback at its own risk and without obligation to Customer.

B. Customer Content

B.1. As between the parties and to the extent permitted by applicable law, ai& agrees that Customer (a) retains all rights to its Inputs, and (b) owns its Outputs. ai& disclaims any rights it receives to the Customer Content under these Terms. Subject to Customer's compliance with these Terms, ai& hereby assigns to Customer its right, title, and interest (if any) in and to Outputs.

B.2. ai& may not train models on Customer Content from Services.

B.3. ai& may use Customer Content solely (a) to provide, secure, and maintain the Services for Customer; (b) to investigate and address suspected violations of the Usage Policy, or these Terms; and (c) as required by applicable law.

B.4. "Inputs" means submissions to the Services by Customer or its Users; "Outputs" means responses generated by the Services to Inputs; Inputs and Outputs together are "Customer Content". Customer acknowledges that Outputs may not be unique and that other customers may receive similar Outputs; ai&'s assignment in §B.1 does not extend to outputs generated for other customers.

B.5. Customer's ownership of and right to use Outputs is subject to any applicable Model Provider Terms. Certain Model Provider Terms impose restrictions on commercial use, attribution, derivative works, or other matters with respect to Outputs of a Hosted Model. Customer is solely responsible for compliance with any such Model Provider Terms applicable to the Hosted Model from which an Output was generated, and ai& has no obligation to monitor or enforce Customer's compliance with Model Provider Terms.

C. Data Privacy and Data Residency

C.1. Data Privacy. Data submitted through the Services will be processed in accordance with the ai& Data Processing Addendum (the "DPA"), available at https://www.aiand.com/legal/dpa, which is incorporated into these Terms by reference.

C.2. Japan Data Residency. ai& processes Customer Content on infrastructure located in Japan and will not transfer Customer Content outside Japan in connection with provision of the Services, except (a) with Customer's prior written consent, (b) as expressly permitted by an Order Form agreed by Customer, or (c) as required by applicable law.

C.3. Retention. By default, ai& retains Customer Content for up to thirty (30) days for the purposes set out in §B.3, after which it is deleted from production systems, except to the extent retention is required by applicable law or is necessary to comply with these Terms.

D. Trust and Safety; Restrictions

D.1. Compliance. Each party will comply with all laws applicable to the provision (for ai&) and use (for Customer) of the Services, including any applicable data privacy laws (including, where applicable, the EU General Data Protection Regulation, the UK GDPR, the California Consumer Privacy Act and California Privacy Rights Act, and Japan's Act on the Protection of Personal Information).

D.2. Policies and Service Terms. Customer and its Users may only use the Services in compliance with these Terms, including (a) the ai& Usage Policy (the "Usage Policy"), (b) the ai& Supported Regions Policy (the "Supported Regions Policy"), each of which is incorporated by reference into these Terms. Customer must cooperate with reasonable requests for information from ai& to support compliance with the Usage Policy, including to verify Customer's identity and use of the Services.

D.3. Limitations of Outputs; Notice to Users. It is Customer's responsibility to evaluate whether Outputs are appropriate for Customer's use case, including where human review is appropriate, before using or sharing Outputs. Customer acknowledges, and must notify its Users, that factual assertions in Outputs should not be relied upon without independently checking their accuracy, as they may be false, incomplete, misleading, or not reflective of recent events or information. Customer further acknowledges that Outputs may contain content inconsistent with ai&'s views.

D.4. Use Restrictions. Customer may not, and must not attempt to or permit any third party to: 

(a) access the Services to build a competing product or service, or to train a competing artificial intelligence model;

(b) reverse engineer, decompile, disassemble, or otherwise attempt to derive or extract the underlying models, weights, training data, or implementation of the Services, or otherwise duplicate the Services;

(c) resell, sublicense, rent, lease, or provide API access to the Services to any third party outside of Customer's organization, or otherwise act as a reseller, distributor, or service provider with respect to the Services, except as expressly approved in advance in writing by ai&;

(d) use the Services in a manner that violates the Usage Policy, or applicable law; or

(e) support any third party's attempt at any of the conduct restricted in this §D.4.

D.5. Service Account. Customer is responsible for all activity under its account. Customer will promptly notify ai& if Customer believes the account it uses to access the Services has been compromised, or is subject to a denial of service or similar malicious attack that may negatively impact the Services.

E. Confidentiality

E.1. Confidential Information. The parties may share information that is identified as confidential, proprietary, or similar, or that a party would reasonably understand to be confidential or proprietary ("Confidential Information"). Customer Content is Customer's Confidential Information.

E.2. Obligations of Parties. The receiving party ("Recipient") may only use Confidential Information of the disclosing party ("Discloser") to exercise its rights and perform its obligations under these Terms. Recipient may only share Discloser's Confidential Information with Recipient's employees, agents, and advisors that have a need to know and who are bound to obligations of confidentiality at least as protective as those provided in these Terms ("Representatives"). Recipient will protect Discloser's Confidential Information from unauthorized use, access, or disclosure in the same manner as Recipient protects its own Confidential Information, and with no less than reasonable care. Recipient is responsible for all acts and omissions of its Representatives.

E.3. Exclusions. Confidential Information excludes information that: (a) becomes publicly available through no fault of Recipient; (b) is obtained by Recipient from a third party without a breach of the third party's obligations of confidentiality; or (c) is independently developed by Recipient without use of Confidential Information. Recipient may disclose Discloser's Confidential Information to the extent it is required by law, or court or administrative order, and will, except where expressly prohibited, notify Discloser of the required disclosure promptly and fully cooperate with Discloser's efforts to prevent or narrow the scope of disclosure.

E.4. Destruction Request. Recipient will destroy Discloser's Confidential Information promptly upon request, except where retained to comply with law or copies in Recipient's automated back-up systems, which will remain subject to these obligations of confidentiality while maintained.

F. Intellectual Property

Except as expressly stated in these Terms, these Terms do not grant either party any rights to the other's content or intellectual property, by implication or otherwise. As between the parties, ai& retains all right, title, and interest in and to the Services, the underlying models, weights, training data, infrastructure, software, and any improvements made by ai& (including improvements suggested by feedback received pursuant to §A.4).

G. Publicity

ai& may use Customer's name and logo to publicly identify Customer as a user of the Services; provided that Customer may opt out at any time by providing written Notice to legal@aiand.com. Customer will consider in good faith any request by ai& to (i) provide a quote from a Customer executive regarding Customer's motivation for using the Services that ai& may use publicly, and (ii) participate in a public co-marketing activity. ai& will not state or imply any endorsement of the Services by Customer.

H. Fees

H.1. Payment of Fees. The Services are offered on a prepaid credit basis. Customer purchases credits in advance through the ai& billing console, and inference requests are deducted from Customer's credit balance as they complete, at the rates specified on the Pricing Pages. The prepaid credit model, including top-up procedure, behavior at zero balance, and non-expiration of credits, is described at https://docs.aiand.com/billing/credits/. Unless otherwise agreed by the parties in an Order Form, all use of the Services is subject to this prepaid credit model. ai& may update the published rates, to be effective the earlier of thirty (30) days after the updates are posted by ai& or Customer otherwise receives Notice.

H.2. Merchant of Record. ai& acts as the merchant of record for the Services. ai& uses Stripe, Inc. as its payment processor for the collection of Fees and the processing of credit top-ups. Payment-method details (including credit and debit card information) are stored by Stripe in accordance with applicable card-network rules and PCI-DSS requirements; ai& retains only a payment-method token and the last four digits of any card for display purposes. Customer's payment relationship with respect to the Services is with ai&; Customer's separate relationship with Stripe in connection with payments processed for ai& is governed by Stripe's terms of service and privacy policy. Card-network rules and the rules and policies described at https://docs.aiand.com/billing/payment-methods/ apply to payment methods saved to Customer's account.

H.3. Taxes. Fees do not include any taxes, duties, or assessments that may be owed by Customer for use of the Services ("Taxes"), unless otherwise specified in the applicable invoice. Customer is responsible for remitting any necessary withholding Taxes to the relevant authority on a timely basis and providing ai& with evidence of the same upon request. Where law provides for the reduction or elimination of withholding taxes, including via tax treaty, the parties will collaborate in good faith to do so. For clarity, Customer must pay ai& the amount (the "Gross-up Payment") that will ensure ai& receives the same total amount it would have received if no such withholding or reduction by Customer had been required (taking into account any and all applicable Taxes, including any Taxes imposed on the Gross-up Payment).

H.4. Japan Consumption Tax. For Customers located in Japan, ai& will charge applicable Japan Consumption Tax in addition to the published Fees and will issue Qualified Invoices (適格請求書) in accordance with Japanese consumption tax law, unless the Pricing Pages expressly indicate that Fees are tax-inclusive. Customers may register a qualified-invoice registration number (登録番号) in the ai& billing console for inclusion on subsequent invoices.

H.5. Billing. Because the Services are billed on a prepaid credit basis, an inference request that would exceed Customer's available credit balance is automatically refused with an HTTP 402 ("Payment Required") response, as further described at https://docs.aiand.com/billing/credits/. ai& may suspend or terminate Customer's access to the Services if (a) Customer's payment to ai& (or to ai&'s payment processor) is reversed, charged back, or fails; (b) Customer's credit balance remains at zero for an extended period; or (c) ai& otherwise has the right to suspend or terminate under §I. Credits do not expire. Refunds of prepaid credits and Fees are governed by the ai& Refund Policy, available at https://docs.aiand.com/billing/refunds/ (the “Refund Policy”), which is incorporated into these Terms by reference, and by any refund rights required by applicable law. In the event of any conflict between this §H.5 and the Refund Policy, the Refund Policy controls.

I. Termination and Suspension

I.1. Term. These Terms start on the Effective Date and continue until terminated (the "Term"). There is no minimum term and no minimum commitment of spend; Customer may use the Services on a pay-as-you-go basis through prepaid credits, or under a separately negotiated Order Form.

I.2. Termination. 

I.2(a) Each party may terminate these Terms at any time for convenience with Notice, except ai& must provide thirty (30) days' prior Notice.

I.2(b) Either party may terminate these Terms for the other party's material breach by providing thirty (30) days' prior Notice detailing the nature of the breach, unless cured within that time.

I.2(c) ai& may terminate these Terms immediately with Notice if ai& reasonably believes or determines that ai&'s provision of the Services to Customer is prohibited by applicable law or would result in a material increase in the cost of providing the Services to Customer.

I.2(d) ai& may terminate these Terms on thirty (30) days' prior Notice if Customer has not used the Services for twelve (12) consecutive months and Customer's credit balance is zero.

I.3. Suspension. 

I.3(a) ai& may suspend Customer's access to any portion or all of the Services if: (i) ai& reasonably believes or determines that (A) there is a risk to or attack on any of the Services; (B) Customer or any User is using the Services in violation of §§D.1 (Compliance), D.2 (Policies and Service Terms), or D.4 (Use Restrictions); or (C) ai&'s provision of the Services to Customer is prohibited by applicable law or would result in a material increase in the cost of providing the Services; or (ii) any vendor suspends or terminates ai&'s use of any third-party services or products required to enable Customer to access the Services (each a "Service Suspension").

I.3(b) ai& will use reasonable efforts to provide written Notice of any Service Suspension to Customer, and resume providing access to the Services, as soon as reasonably possible after the event giving rise to the Service Suspension is cured, where curable. ai& will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer may incur because of a Service Suspension.

I.4. Effect of Termination. Upon termination, Customer may no longer access the Services. The following provisions will survive termination or expiration of these Terms: (a) §§E (Confidentiality), G (Publicity), H (Fees), I (Termination and Suspension), J (Disputes), K (Indemnification), L.2 (Disclaimer of Warranties), L.3 (Limits on Liability), and M (Miscellaneous); and (b) any provision or condition that must survive to fulfill its essential purpose. Following termination, Customer Content will be deleted in accordance with the DPA.

J. Disputes

J.1. Disputes. In the event of a dispute, claim, or controversy relating to these Terms ("Dispute"), the parties will first attempt in good faith to informally resolve the matter. The party raising the Dispute must notify the other party ("Dispute Notice"). The other party will respond to the Dispute Notice in a timely manner. If the parties have not resolved the Dispute within forty-five (45) days of delivery of the Dispute Notice, either party may seek to resolve the Dispute through arbitration as stated in §J.2.

J.2. Arbitration. Any Dispute will be determined in English by final, binding arbitration as set forth below. Judgment on any award issued through the arbitration process in this §J.2 may be entered in any court having jurisdiction. EACH PARTY AGREES THEY ARE WAIVING THE RIGHT TO A TRIAL BY JURY, AND THE RIGHT TO JOIN AND PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMITTED UNDER THE LAW IN CONNECTION WITH THESE TERMS.

Disputes will be determined by a sole arbitrator in Tokyo, Japan, in accordance with the Commercial Arbitration Rules of the Japan Commercial Arbitration Association (JCAA) in force at the time of the arbitration.

J.3. Equitable Relief. This §J does not limit either party from seeking equitable relief from a court of competent jurisdiction.

K. Indemnification

K.1. Claims Against Customer (ai& Platform). ai& will defend Customer and its personnel, successors, and assigns from and against any Customer Claim (as defined below) and indemnify them for any judgment that a court of competent jurisdiction grants a third party on such Customer Claim or that an arbitrator awards a third party under any ai&-approved settlement of such Customer Claim. "Customer Claim" means a third-party claim, suit, or proceeding alleging that the Services, excluding any Hosted Model and any Output, infringe a third-party intellectual property right.

K.2. Hosted Model IP Claims. ai& does not provide any defense or indemnification for third-party intellectual property claims arising from, or related to, any Hosted Model or any Output. Where the applicable Model Provider Terms include a defense or indemnification commitment from the Model Provider that is available to ai& and assignable, sub-licensable, or otherwise transferable to Customer, ai& will, on Customer's written request, pass through that commitment to Customer to the extent permitted by the Model Provider Terms. Where no such pass-through is available, Customer assumes the risk of third-party intellectual property claims arising from the Hosted Model and its Outputs.

K.3. Claims Against ai&. Customer will defend ai& and its personnel, successors, and assigns from and against any ai& Claim (as defined below) and indemnify them for any judgment that a court of competent jurisdiction grants a third party on such ai& Claim or that an arbitrator awards a third party under any Customer-approved settlement of such ai& Claim. "ai& Claim" means any third-party claim, suit, or proceeding related to Customer's or its Users' (a) Inputs or other data provided by Customer, (b) use of the Services in violation of the Usage Policy, the Model Provider Terms applicable to a Hosted Model, or §D.4, or (c) use of any Output in violation of any applicable Model Provider Terms. Customer Claims and ai& Claims are each a "Claim", as applicable.

K.4. Exclusions. Neither party's defense or indemnification obligations will apply to the extent the underlying allegation arises from the indemnified party's fraud, willful misconduct, violations of law, or breach of these Terms. Additionally, ai&'s defense and indemnification obligations under §K.1 will not apply to the extent the Customer Claim arises from: (a) modifications made by Customer to the Services; (b) the combination of the Services with technology or content not provided by ai&; (c) Inputs or other data provided by Customer; or (d) use of the Services in a manner that Customer knows or reasonably should know violates or infringes the rights of others.

K.5. Process. The indemnified party must promptly notify the indemnifying party of the relevant Claim, and will reasonably cooperate in the defense. The indemnifying party will retain the right to control the defense of any such Claim, including the selection of counsel, the strategy and course of any litigation or appeals, and any negotiations or settlement or compromise, except that the indemnified party will have the right, not to be exercised unreasonably, to reject any settlement or compromise that requires that it admit wrongdoing or liability or subjects it to an ongoing affirmative obligation. The indemnifying party's obligations will be excused if either of the following materially prejudices the defense: (a) failure of the indemnified party to provide prompt Notice of the Claim; or (b) failure to reasonably cooperate in the defense.

K.6. Indemnification Cap. ai&'s aggregate liability under §K.1 and §K.2 (including under any pass-through Model Provider indemnity) will not exceed the greater of US$1,000,000 or three (3) times the Fees paid by Customer to ai& in the twelve (12) months preceding the event giving rise to the Claim. This cap is in addition to, and not part of, the general limitation of liability in §L.3.

K.7. Sole Remedy. To the extent covered under this §K, indemnification is each party's sole and exclusive remedy under these Terms for any third-party claims.

L. Warranties and Limits on Liability

L.1. Warranties. Each party represents and warrants that (a) it is authorized to enter into these Terms; and (b) entering into and performing these Terms will not violate any of its corporate rules, if applicable. Customer further represents and warrants that it has all rights and permissions required to submit Inputs to the Services.

L.2. Disclaimer of Warranties. EXCEPT TO THE EXTENT EXPRESSLY PROVIDED FOR IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED UNDER LAW (A) THE SERVICES AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND; AND (B) AI& MAKES NO WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIRD-PARTY PRODUCTS OR SERVICES, INCLUDING THIRD-PARTY INTERFACES. AI& EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING OR PERFORMANCE, OR TRADE USE. AI& DOES NOT WARRANT, AND DISCLAIMS THAT, THE SERVICES OR OUTPUTS ARE ACCURATE, COMPLETE, OR ERROR-FREE OR THAT THEIR USE WILL BE UNINTERRUPTED. REFERENCES TO A THIRD PARTY IN THE OUTPUTS MAY NOT MEAN THEY ENDORSE OR ARE OTHERWISE WORKING WITH AI&.

L.3. Limits on Liability. 

L.3(a) Except as stated in §L.3(b), the liability of each party, and its affiliates and licensors, for any damages arising out of or related to these Terms (i) excludes damages that are consequential, incidental, special, indirect, or exemplary, including lost profits, business, contracts, revenue, goodwill, production, anticipated savings, or data, and costs of procurement of substitute goods or services, and (ii) is limited to Fees paid by Customer for the Services in the previous twelve (12) months.

L.3(b) The limitations of liability in §L.3 do not apply to either party's obligations under §K, which are governed by the cap in §K.6.

L.3(c) THE LIMITATIONS OF LIABILITY IN THIS §L.3 APPLY: (I) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; (II) TO LIABILITY IN TORT, INCLUDING FOR NEGLIGENCE; (III) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (IV) EVEN IF THE BREACHING PARTY IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (V) EVEN IF THE INJURED PARTY'S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.

L.3(d) The parties agree that they have entered into these Terms in reliance on the terms of §L.3 and that those terms form an essential basis of the bargain between the parties.

M. Miscellaneous

M.1. Notices. All notices, demands, waivers, and other communications under these Terms (each, a "Notice") must be in writing. Except for notices related to demands to arbitrate or where equitable relief is sought, any Notice may be delivered electronically to the address provided to ai& if to Customer, and to legal@aiand.com if to ai&. Notice is effective only upon receipt and where the party giving the Notice has complied with the requirements of this §M.1.

M.2. Electronic Communications. Customer agrees to receive electronic communications from ai& based on Customer's use of the Services and related to these Terms. Except where prohibited by applicable law, electronic communications may be sent via email, through the Services or Customer's management dashboard, or posted on ai&'s website.

M.3. Amendment and Modification. ai& may update these Terms at any time, to be effective thirty (30) days after the updates are posted by ai& or Customer otherwise receives Notice, except that updates made in response to changes to law or regulation take effect immediately upon posting or Notice. Changes will not apply retroactively. No other amendment to or modification of these Terms is effective unless it is in writing and signed by both parties.

M.4. Assignment and Delegation. Neither party may assign its rights or delegate its obligations under these Terms without the other party's prior written consent, except that ai& may assign its rights and delegate its obligations to an affiliate or as part of a sale of all or substantially all of its business. Any purported assignment or delegation in violation of this §M.4 is null and void. These Terms will bind and inure to the benefit of the parties and their respective permitted successors and assigns.

M.5. Severability. If a provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will neither affect any other term or provision of these Terms nor invalidate or render unenforceable such term or provision in any other jurisdiction.

M.6. Interpretation. These Terms will be construed mutually, with neither party considered the drafter. Document and section titles are provided for convenience and will not be interpreted. The phrases "for example", "including", and "or" are not limiting.

M.7. Governing Law; Venue. 

M.7(a) These Terms are governed by and construed in accordance with the Governing Laws, without giving effect to any choice of law provision. "Governing Laws" means the laws of Japan.

M.7(b) Any suits, actions, or proceedings related to these Terms that are not required to be resolved by arbitration pursuant to §J will be instituted exclusively in the Venue, and each party irrevocably submits to its exclusive jurisdiction. "Venue" means the Tokyo District Court.

M.8. Export and Sanctions. Customer may not export or provide access to the Services to persons or entities, into countries, or for uses where it is prohibited under U.S., Japanese, or other applicable international law. This restriction applies to countries where export from the U.S. or Japan or into such country would be prohibited or illegal without first obtaining the appropriate license, and to persons, entities, or countries covered by U.S., Japanese, or other applicable sanctions.

M.9. Integration. These Terms (including the Usage Policy, Supported Regions Policy, DPA, Pricing Pages, and any Order Form, Enterprise Addendum, or other document expressly incorporated by reference) constitute the parties' entire understanding as to the Services' provision and use. These Terms supersede all other understandings or agreements between the parties regarding the Services.

M.10. Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.