# Terms and Conditions

**Last Updated:** March 20, 2025

## 1. Introduction

These Terms and Conditions ("Terms") apply to the use of our websites, apps, APIs, and other digital portals and properties that link to these Terms (collectively, "Sites") that are owned or controlled by Devflow, Inc. ("Devflow", "Company", "we", "us") and its affiliates, including our website at https://trieve.ai/. These Terms also govern any access to or use of the Sites or its content, services and tools by You, Your agents and other representatives on Your behalf (collectively referred to as, "You").

These Terms do not apply to your access and use of our products or services that are made available to You under a subscription (the "Services"). The purchase, use, and support of Our Services are governed by our Master Subscription Agreement, including any information and data we collect in connection with Your use of the Services.

By accessing or using the Sites or any of its content, You represent to Devflow that:
1. You are lawfully able to accept these Terms and form this contract (e.g., You are not a minor);
2. You understand that clicking buttons like 'Submit' or simply using our site counts as your agreement to these Terms; and
3. If You are entering into these Terms on behalf or as a representative of an entity, such as the company You work for, You have the authority to bind that entity.

If You do not agree with these Terms, do not use the Sites.

## 2. Access and Use

### Right to Access
You are granted permission to use the Sites and the content therein for Your internal business use and consideration, and not for any further distribution, publication, copying, operation as a service, or other exploitation not expressly permitted under these Terms or other agreements between You and us.

The Sites and the content available on the Sites are owned or licensed by us and subject to United States and international intellectual property laws. Except as expressly granted herein, no right or licenses to our Sites or content located therein are granted by these Terms.

This permission applies to public-facing Sites and those Sites or services and tools available on such Sites that require creation of an account or use of security access credentials. The use of any materials, content, and online tools on the Sites permitted under these Terms are subject to applicable laws and other Devflow policies referenced herein.

### Authenticated Access
Depending on the Sites and the online services and tools we make available to our customers, You may be asked to create an account with us as a prerequisite to obtaining access to such services and tools. When You create such an account, You represent that such accounts are being created by You or someone that is authorized to legally act on Your behalf.

Your use and access to such authenticated services and tools are:
1. Subject to Your compliance with these Terms and policies we have communicated to You, and
2. Solely for the period we have granted access to such services and tools, in our sole discretion or as provided in the relevant agreement covering such authenticated services and tools, if any.

### Order of Precedence
These Terms supplement and do not replace any other agreement between You and Devflow related to the Sites and any online services, including any Software-as-a-Service You have subscribed to with Devflow. If there is a conflict between these Terms and other agreements that govern Your use of the relevant Sites or digital services and tools accessible on such Sites, those agreement terms will govern.

## 3. Privacy
For information on Our practices concerning personally identifiable information and data collection, usage, disclosure and other processing practices, please review our Privacy Policy available at https://trieve.ai/privacy.

## 4. User Requirements

### Prohibitions
You are prohibited from, and You agree to cause Your personnel and representatives that use the Sites on Your behalf or for Your benefit from, using the Sites:

- In any way that violates any applicable federal, state, local, or international law or regulation;
- For fraudulent purposes;
- For the purpose of exploiting, harming, or attempting to exploit or harm others in any way, including by exposing them to inappropriate content;
- To store, publish, display, or transmit defamatory, infringing, libelous, harassing, abusive, threatening or otherwise unlawful or tortious material;
- To store, publish, display or transmit material in violation of third-party privacy rights;
- To send unsolicited messages or postings, including bulk commercial advertising or informational announcements and "spam";
- To compromise or attempt to compromise the security of any Devflow or third-party network, system, server, or account;
- To impersonate or attempt to impersonate Devflow, Devflow personnel, another subscriber or user, or any other person or entity; or
- In any way that restricts or inhibits anyone's use or enjoyment of Devflow's services, or as determined by Devflow, may harm Devflow or users of Devflow or expose them to liability.

### User Credentials
You are responsible for the login credentials created or provided to You in order to access authenticated services and tools on the Sites, including usernames and passwords, and Devflow shall not be liable for any damages or losses that may occur as a result of Your failure to maintain the confidentiality of Your login credentials.

Devflow reserves the right to refuse registration of or cancel passwords it deems inappropriate; in which case it will notify You of such refusal. You are responsible for notifying Devflow at [e-mail] if You become aware of any unauthorized use of or access to Your account.

## 5. Third Party Services

### Third-Party Links
The Sites may make available, or third parties may provide, links to other websites, applications, resources, advertisements, content or other products or services created, hosted or made available by third parties ("Third-Party Services"). Such third parties may use other third parties to provide portions of the Third-Party Service to You, such as technology, development or payment services.

When You access or use a Third-Party Service, You are interacting with the applicable third party, not with Devflow, and You do so at Your own risk. Devflow is not responsible for, and makes no warranties, express or implied, as to the Third-Party Services or the providers of such Third-Party Services (including without limitation the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices of any third party).

### No Sponsorship
Inclusion of any Third-Party Service or a link thereto on the Sites does not imply approval or endorsement of such Third-Party Service. Devflow is not responsible or liable for the content or practices of any Third-Party Service, even if such Third-Party Service links to, or is linked by, the Sites. You are encouraged to review any terms, conditions and any privacy policies from such third party that may apply to the Third Party Services before using them or disclosing Your personal information directly to such third party.

## 6. Intellectual Property Rights

### Devflow IP
All rights, title, and interest in and to the Sites and their content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Devflow, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

### License to Use
Subject to these Terms, Devflow grants You a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Sites solely for Your internal business purposes. This license does not include any resale or commercial use of the Sites or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or their contents; or any use of data mining, robots, or similar data gathering and extraction tools.

### Feedback
If You provide Devflow with any feedback or suggestions regarding the Sites ("Feedback"), You hereby assign to Devflow all rights in such Feedback and agree that Devflow shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Devflow will treat any Feedback You provide to Devflow as non-confidential and non-proprietary.

## 7. Data Processing

### Customer Data
When you use our Services, we may process data on your behalf as a service provider or data processor. Our obligations with respect to such data processing are set forth in our Data Processing Agreement ("DPA"), which is incorporated by reference into these Terms when applicable.

### Data Protection
We implement and maintain physical, technical, and administrative security measures designed to protect customer data from unauthorized access, destruction, use, modification, or disclosure. We periodically review and update these measures based on the sensitivity of the data processed.

### Machine Learning Models and Data Exclusivity
When you use our Services, we may process data on your behalf as described in our Privacy Policy. For certain customers with specific contractual arrangements, we may offer enhanced data handling commitments regarding machine learning models.
Unless otherwise specified in a separate written agreement:

We may use aggregated, de-identified, or anonymized data derived from your data for research and development, improving our services, and other business purposes.
We implement technical and organizational security measures to protect all customer data.
We follow data minimization and purpose limitation principles when processing your data.

For customers with Enterprise agreements or similar contractual arrangements, additional data protection and exclusivity terms may apply as specified in those agreements.

## 8. Termination and Monitoring

### Content Removal
Devflow reserves the right, but does not assume the obligation, to investigate any violation of these Terms or misuse of the Sites. Devflow has the right in its sole discretion to edit, refuse to post or remove any content posted, displayed, published or made available for download or use on the Sites that Devflow finds to be in violation of these Terms.

Devflow may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing appropriate user information. Devflow also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations.

### Termination
Devflow reserves the right to terminate or suspend these Terms or access to the Sites (in whole or in part) at any time with or without notice to You. Except as provided in any other agreement between You and Devflow applicable to a Site, under no circumstances will Devflow be liable to You or Your customers, employees, agents, representatives, or service providers if Devflow suspends or terminates Your access or use of the Sites (in whole or in part).

Without limiting the foregoing, Devflow shall have the right to immediately terminate Your access to the Sites in the event of any conduct by You which Devflow, in our sole discretion, considers to be unacceptable, or if You breach these Terms. Devflow's right to suspend or terminate Your use of the Sites applies even if a breach is committed unintentionally or without Your authorization if Devflow believes that suspension or termination is necessary to ensure compliance with applicable laws or to protect the rights, safety, privacy, security or property of Devflow, its customers or third parties.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, the ownership provisions, Indemnity, Disclaimers and Limitations of Liability.

## 9. Warranties and Disclaimers
The sites and all content and other items made available by Devflow are provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, statutory, or otherwise, including any implied warranty of title, merchantability, fitness for a particular purpose, or non-infringement to the fullest extent permitted by applicable law.

Devflow assumes no liability or responsibility for any:

1. Errors, mistakes or inaccuracies of data or information posted, displayed, published or made available for download or use on or through the site;
2. Damages of any nature whatsoever (including to systems or data), resulting from use of the site or any content, software and other materials downloaded from the sites;
3. Any interruption or cessation of transmission to or from the sites; or
4. The defamatory, offensive or illegal conduct of any third party not under Devflow's reasonable control.

Devflow does not guarantee that the sites will be secured or available at any particular time or location. Devflow shall use reasonable efforts consistent with prevailing industry standards to maintain the sites in a manner which minimizes errors and interruptions of the sites or services and tools made available on the sites. However, the sites (or components of the sites) may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Devflow or by third party providers, or because of other causes beyond Devflow's reasonable control.

## 10. Limitation of Liability
Under no circumstances and under no legal theory (whether in contract, tort, negligence or otherwise) shall either party to this agreement, or their respective affiliates, officers, directors, employees, agents, service providers, suppliers or licensors, be liable to the other party or its affiliates for any lost profits, lost sales or business, lost data (where such data is lost in the course of transmission via customers' systems or over the internet through no fault of Devflow), business interruption, loss of goodwill, costs of cover or replacement, or for any other type of indirect, incidental, special, exemplary, consequential or punitive loss or damages incurred by the other party or its affiliates in connection with this agreement, regardless of whether such party has been advised of the possibility of or could have foreseen such damages. Such loss or damages are expressly disclaimed by a party to the other party.

Notwithstanding anything to the contrary in this agreement, Devflow's aggregate liability to customer, its affiliates, or any third party arising out of this agreement shall in no event exceed $100.00 USD per event or occurrence giving rise to such liability. Customer acknowledges and agrees that the essential purpose of this section is to allocate the risks under this agreement between the parties and limit potential liability given the free access to the sites, which would have been substantially higher if Devflow were to assume any further liability other than as set forth herein. Devflow has relied on these limitations in determining whether to provide access to its sites and use the services and/or tools made available on or through the sites.

The foregoing limitations in this section shall not apply to claims or damages arising from:

1. The bodily injury of a person; or
2. Any fraud or willful misconduct of Devflow.

The limitation of liability provided for herein applies in aggregate to any and all claims by customers and affiliates, and shall not be cumulative.

## 11. Indemnification

You agree to defend, indemnify and hold harmless Devflow, its affiliates and their respective employees, contractors, agents, officers and directors from and against any and all claims, actions, demands, damages, obligations, losses, liabilities, costs, debt or expenses (including without limitation attorneys' fees) by or on behalf of a third party arising out of or relating to:
1. Your use of the Sites;
2. Breach of these Terms (including any Devflow policies referenced in these Terms);
3. Violation of law; or
4. Any content and information that You post, disclose, or submit to Devflow in connection with the use of the Sites, or that You otherwise transfer, process, use or store in connection with the Sites.

## 12. Digital Millennium Copyright Act

Devflow is entitled to rely upon (among other things) the Digital Millennium Copyright Act (DMCA) safe harbor available to certain service providers such as Devflow. Although it is Devflow's policy to respond to clear notices of alleged copyright infringement, Devflow recommends that You submit a notice pursuant to the DMCA directly to the customer who provided the content.

Devflow's response to these notices may include forwarding the notice to the applicable provider or removing or disabling access to material claimed to be the subject of the infringing activity. We maintain policies and procedures to terminate subscribers that would be considered repeat infringers under the DMCA.

You may submit a DMCA notification to Devflow at [e-mail] or the following address:

Attn: Legal Department
Devflow, Inc.
1401 Lavaca St. #1084
Austin, Texas 78701
USA

The DMCA notification to Devflow must include, where available, the following information:

1. Physical or electronic signature of a person authorized to act on behalf of the owner of the allegedly infringed copyright;
2. Sufficient identification of the copyrighted work or works claimed to have been infringed;
3. Identification of, and information reasonably sufficient to permit Devflow or the applicable customer to locate the material that is claimed to be infringing or is the subject of infringing activity;
4. Information reasonably sufficient to permit the applicable customer or Devflow to contact You, such as an address, telephone number, and, if available, an electronic mail address;
5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Unless it is reasonably apparent to Devflow that the applicable customer has already received a notice of infringement from You regarding a particular content, Devflow will forward all the information You provide in Your notice, including Your contact information, to the relevant customer.

## 13. Jurisdiction

These Terms will be interpreted, construed and enforced in all respects in accordance with the laws of the State of California, without reference to its choice of law principles. Any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the state or federal courts located in San Francisco County, State of California, and the parties expressly consent to personal jurisdiction and venue in those courts.

## 14. Amendments

Devflow may modify or amend this policy from time to time. If Devflow makes any material changes, as determined by Devflow, to these terms Devflow will notify You. If any of the changes are unacceptable to You, You should cease interacting or using the Sites. Your continued use of the Sites constitutes Your acceptance of the updated Terms.

## 15. Contacting Devflow

If you have questions or complaints regarding these Terms, please contact us by email at: [e-mail] or at:

Attn: Legal Department
Devflow, Inc.
1401 Lavaca St. #1084
Austin, Texas 78701
USA

## 16. Miscellaneous

### Entire Agreement
These Terms, together with any documents they expressly incorporate by reference, constitute the entire agreement between You and us with respect to the Sites.

### Waiver
No waiver of any provision of these Terms by Devflow shall be deemed a further or continuing waiver of such provision or any other provision, and Devflow's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

### Severability
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable, and the remaining provisions of these Terms will continue in full force and effect.

### Assignment
You may not assign these Terms or any rights or obligations hereunder, by operation of law or otherwise, without our prior written consent, and any attempted assignment without such consent will be void. We may assign these Terms and all of our rights and obligations hereunder without Your consent.