Master Customer Agreement

Last updated: October 11, 2026 · Draft pending legal review

Contact-routing amendment (October 11, 2026): all email communications to Affective, including contractual notices, go to founder@affective-llc.site.

This Master Customer Agreement is between Affective LLC ("Affective") and the person or entity identified as the customer in an Order ("Customer"). An "Order" is a signed order form, an online checkout or sign-up flow, or an Affective confirmation email that references this agreement. This agreement and each Order together form the "Agreement." Affective and Customer are each a "Party."

By clicking to accept, signing or placing an Order that references this agreement, or using or paying for the Services, you agree to the Agreement. If you accept on behalf of an organization, you confirm you have authority to bind it, and "Customer" means that organization. If Customer already has a separate signed agreement with Affective covering the Services, that agreement governs instead.

Arbitration notice. Except for the disputes listed in Section 16.4, the Parties agree to resolve disputes through binding individual arbitration and each give up the right to a jury trial and to take part in a class action or representative proceeding.

• "Services" means the Affective-hosted application programming interfaces, including model endpoints and state endpoints (the "API"), any web console or dashboard Affective provides (the "Console"), and any other Affective product listed in an Order, such as Evals, Observe, Runtime, or Scenario Data.
• "Documentation" means Affective's then-current technical documentation and usage guidelines for the Services.
• "Customer Application" means a software application Customer develops and operates that integrates the API.
• "Customer Users" means Customer's employees and contractors whom Customer allows to use the Console or its credentials.
• "End Users" means the people who interact with a Customer Application.
• "Input" means text, audio, images, transcripts, identifiers, and any other material that Customer, Customer Users, or End Users submit to the Services.
• "Output" means the content the Services return to Customer, including generated text and any state values returned in an API response.
• "Customer Content" means Input and Output together.
• "State Data" means the appraisal states, emotional state trajectories, persistent memory records, and other representations of emotional state that the Services derive from Input.
• "Usage Data" means technical logs, metrics, billing records, performance measurements, and similar information about the operation and use of the Services that does not contain Customer Content.
• "Content Training" means using Customer Content to train or fine-tune machine learning models, meaning to change model weights.
• "Laws" means all applicable laws and regulations.

2.1 License

Subject to the Agreement and Customer's continued compliance with it, including the usage limits in the Order or Documentation ("Usage Limits"), Affective grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license during the Term to (a) access and use the Services in accordance with the Documentation, and (b) integrate the API into Customer Applications that serve End Users.

2.2 Customer Applications

Customer is responsible for each Customer Application, including making sure it complies with Laws, the Acceptable Use Policy, and Section 3, and that it does not infringe anyone's rights.

2.3 Restrictions

Customer will not, and will not allow Customer Users, End Users, or anyone acting for Customer to:

• (a) sell, resell, lease, sublicense, or otherwise offer the Services, or access to them, as a standalone product or service;
• (b) use the Services, Output, or State Data to distill a model, to train or improve a model that imitates the outputs or behavior of the Services, or to develop or help develop a product or service that competes with the Services;
• (c) reverse engineer, decompile, disassemble, or otherwise attempt to extract or derive model weights, appraisal probes, steering vectors, internal state representations, training data, source code, or the underlying algorithms of the Services;
• (d) modify or create derivative works of the Services, or remove any proprietary notice;
• (e) circumvent access controls, rate limits, safety systems, crisis-handling behavior, or any other protective mechanism of the Services;
• (f) probe, scan, or test the Services for vulnerabilities, except good-faith security research reported under the disclosure process on Affective's Security page;
• (g) transmit malware or any other harmful code to or through the Services, or take any action that threatens the security, integrity, or availability of the Services or other customers;
• (h) exceed Usage Limits or access the Services other than as the Documentation describes; or
• (i) use the Services or Output in violation of Laws, third-party rights, the Acceptable Use Policy, or the Agreement.

Publishing good-faith benchmark or evaluation results about the Services is permitted, provided the methodology is disclosed with the results.

2.4 Credentials and Customer Users

Customer may access the Services only through credentials Affective issues, such as API keys and Console logins ("Credentials"). Only Customer Users may use the Console. Customer will keep Credentials confidential, will not embed them in client-side code, is responsible for all activity under its Credentials except activity caused by Affective's breach of the Agreement, and will notify Affective promptly of any compromise. Affective may process Credentials to provide, secure, and administer the Services. Customer is responsible for the acts and omissions of Customer Users as if they were its own.

2.5 Updates and model versions

Affective may update the Services from time to time, and updates may change Output or require changes to Customer Applications. Model aliases may move to new model versions without notice; Customer should reference a specific model version where it needs stable behavior. Affective will use commercially reasonable efforts to give advance notice of changes it believes will materially and adversely affect existing integrations, and of the retirement of a model version.

2.6 Free and preview offerings

Affective may offer free tiers, trials, or preview features. Unless the Order says otherwise, free tiers are for non-commercial use, and free and preview offerings may be changed, limited, or ended at any time, are provided as is without any warranty or support commitment, and Affective's total liability for them is $100.

3.1 Acceptable Use Policy

Customer will comply, and will make sure each Customer Application complies, with the Acceptable Use Policy, which is part of the Agreement. The Required Practices in that policy are conditions of access to the Services, not recommendations.

3.2 Disclosure to End Users

Customer will make sure End Users know they are interacting with an automated system and not a person, and will not present the Services or any Customer Application as a human, a licensed clinician, or a source of diagnosis or treatment.

3.3 Persistent memory

If Customer enables persistent memory for End Users, for example through a user parameter, Customer will clearly disclose the memory to those End Users, give them a way to turn it off and to clear it, and pass their revocations to Affective through the Services or the Documentation's deletion process.

3.4 Minors

Customer is responsible for age-gating its Customer Applications. Customer will not enable persistent memory for End Users it knows or should know are minors unless it operates a verified parental consent process that meets the requirements of Laws.

3.5 Crisis signals and human oversight

Risk and crisis signals from the Services are inputs for human judgment. Customer will route them to people or to clinically supervised processes, will not build autonomous crisis intervention on the Services, and will keep crisis resources available to End Users in its Customer Applications.

3.6 Clinical and health deployments

Customer will not submit protected health information to the Services, or use them in a clinical setting, unless the Parties have signed a business associate agreement and any other agreement that Laws require. In any clinical deployment, a qualified clinician must stay in the loop, and that requirement cannot be waived. Customer will describe any triage or risk features as clinician-assistive only.

4.1 Customer Content

As between the Parties, Customer owns Customer Content. To the extent Affective has any rights in Output, Affective assigns them to Customer. Customer grants Affective a worldwide, non-exclusive, royalty-free license, sublicensable only to Affective's service providers, to host, copy, process, transmit, and display Customer Content as needed to (a) provide, maintain, and support the Services, (b) derive State Data, (c) calculate Fees, (d) secure the Services and detect and investigate fraud, abuse, and violations of the Acceptable Use Policy, and (e) comply with Laws.

4.2 Content Training is opt-in

Affective will not use Customer Content for Content Training unless Customer opts in through an Order or a Console setting. Customer may withdraw its opt-in at any time. Withdrawal applies to datasets Affective builds after the withdrawal; models already trained cannot unlearn individual records. Customer may opt in only for Customer Content for which it has obtained the End Users' explicit, separately revocable opt-in consent to Content Training.

4.3 State Data

State Data is the property of Affective. Affective will:

• (a) use State Data that identifies or is reasonably linkable to an End User ("Identifiable State Data") only to serve that End User through Customer's integration, including persistent memory, and for the purposes in Section 4.1(c) through (e);
• (b) use State Data for training, improving, evaluating, and benchmarking models only after de-identifying it as described in the Data Processing Addendum, and will not attempt to re-identify it;
• (c) publish insights derived from State Data only in aggregate form covering at least 50 people, and in a way that does not identify Customer or any person;
• (d) on Customer's request, give Customer aggregate insights derived from State Data about Customer's own End Users.

An Order may further restrict Affective's use of State Data, for example by excluding Customer's State Data from training.

4.4 Lines Affective will not cross

Regardless of anything else in the Agreement, Affective will not:

• (a) sell Customer Content;
• (b) use State Data or Customer Content to infer sensitive attributes for advertising or targeting, or build cross-customer emotional profiles of any person;
• (c) use content from crisis paths for training beyond the minimal record of the risk event and the action taken, unless a clinical agreement under Section 3.6 expressly permits it; or
• (d) run response-variation research on Customer's End Users, meaning deliberately varying responses among pre-reviewed safe options to measure their effect, unless Customer opts in through an Order and the affected End Users have opted in. Such research never runs on crisis or clinical-risk paths.

4.5 Usage Data

Affective may collect and use Usage Data for any lawful purpose, including to operate, secure, bill for, and improve the Services and its other products. Usage Data will not identify Customer or any End User to third parties.

4.6 Retention and deletion

Unless the Order or Customer's configuration says otherwise: Identifiable State Data is kept for up to 90 days, except persistent memory, which is kept until the End User or Customer clears or revokes it; persistent memory is purged within 30 days of a verified revocation; and Customer Content is kept only as long as needed for the purposes in Section 4.1. Affective is not a storage service and has no obligation to retain Customer Content or State Data for Customer's benefit; Customer is responsible for keeping its own copies. Copies in backups are deleted as the backups expire in the ordinary course and remain subject to Section 14 until then.

4.7 Data Processing Addendum

The Data Processing Addendum is part of the Agreement and governs personal data in Customer Content and Identifiable State Data.

Customer is responsible for Input, including its content, accuracy, and legality. Customer represents and warrants that it has provided all notices and obtained all consents and rights that Laws require for Affective to process Input and derive and use State Data as the Agreement describes, including notice in Customer's own privacy policy that de-identified emotional state data is used to improve Affective's models. Customer will not submit information controlled under the International Traffic in Arms Regulations. Customer is responsible for the acts and omissions of End Users in connection with the Agreement as if they were its own.

Affective may suspend Customer's access to all or part of the Services immediately if (a) Customer breaches Section 2.3, 2.4, 3, or 5 or the Acceptable Use Policy, (b) any payment is 30 or more days overdue, (c) suspension is required by Laws, or (d) Customer's use risks harm to End Users, other customers, or the security, availability, or integrity of the Services. Where practical, Affective will give prior notice by email, and it will restore access once the cause is resolved.

Customer may use the Services with third-party models, platforms, or services, for example by passing state values from the Services into a third-party language model ("Third-Party Platforms"). Customer's use of a Third-Party Platform is governed by its agreement with that provider. Affective is not responsible for Third-Party Platforms or for how they use or act on Output. By connecting a Third-Party Platform, Customer authorizes Affective to exchange Customer Content with it on Customer's behalf.

8.1 Fees

Customer will pay the fees in the Order or, if the Order does not set them, on Affective's then-current pricing page ("Fees"). Usage-based Fees, such as per-token, per-call, per-run, and per-monthly-active-End-User state fees, are calculated from Affective's metering records. Unless the Order says otherwise, Fees are in US dollars and due within 30 days of the invoice date.

8.2 Prepaid amounts

Prepaid amounts and usage credits are non-refundable except as the Agreement expressly provides, are not transferable, are not legal tender, and expire at the earlier of the end of the Term or 12 months after purchase unless the Order says otherwise. Promotional credits are issued at Affective's discretion, are used before purchased credits, and may carry additional terms. Customer will not create multiple accounts to obtain additional free usage or credits or to avoid any limit in the Agreement.

8.3 Late payment and disputes

Overdue amounts accrue interest at the lesser of 1.5% per month or the maximum rate Laws allow. Customer must raise any good-faith dispute about an invoice in writing within 30 days of the invoice date, and will pay the undisputed portion on time.

8.4 Taxes

Fees exclude taxes. Customer is responsible for all sales, use, value-added, goods and services, withholding, and similar taxes on the Fees, other than taxes on Affective's net income.

9.1 Service warranty

Affective warrants that the paid Services will perform materially as described in the Documentation. This warranty does not cover problems caused by misuse, by Third-Party Platforms, or by use outside the Documentation.

9.2 Warranty remedy

If Customer notifies Affective in writing of a breach of Section 9.1 within 30 days of discovering it, with enough detail to reproduce it, Affective will use reasonable efforts to correct it. If Affective cannot correct it within 30 days of the notice, either Party may terminate the affected Order, and Affective will refund prepaid, unused Fees for the remainder of its Term. This is Customer's exclusive remedy, and Affective's entire liability, for breach of Section 9.1.

9.3 The nature of emotional inference

Customer acknowledges that: (a) State Data and other emotional inferences from the Services are probabilistic estimates produced by machine learning, not facts about a person's inner state; (b) the Services may misread emotion, including by missing crisis signals or by flagging risk that is not present; (c) the Services are not a medical device, are not intended to diagnose, treat, cure, or prevent any condition, and are not an emergency or crisis service; and (d) Customer is responsible for independently evaluating Output and State Data before relying on them, and for any decision about a person that Customer or its Customer Application makes.

9.4 Disclaimer

EXCEPT AS EXPRESSLY STATED IN SECTION 9.1, THE SERVICES, OUTPUT, STATE DATA, AND DOCUMENTATION ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT LAWS ALLOW, AFFECTIVE AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AFFECTIVE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT OUTPUT OR STATE DATA WILL BE ACCURATE, UNIQUE, OR SUITABLE FOR ANY PURPOSE, OR THAT CUSTOMER CONTENT WILL BE PRESERVED WITHOUT LOSS. OUTPUT MAY BE SIMILAR OR IDENTICAL TO OUTPUT PROVIDED TO OTHERS. AFFECTIVE IS NOT RESPONSIBLE FOR DELAYS, FAILURES, OR OTHER PROBLEMS INHERENT IN THE INTERNET OR SYSTEMS OUTSIDE ITS CONTROL, OR RESULTING FROM USE OF THE SERVICES IN BREACH OF THE AGREEMENT OR LAWS. ANY WARRANTY THAT LAWS IMPOSE AND THAT CANNOT BE DISCLAIMED IS LIMITED TO THE SHORTEST PERIOD LAWS ALLOW.

10.1 Term

The Agreement starts on the start date in the Order and continues until all Orders have expired or been terminated (the "Term"). Customers without a fixed-term Order may stop using the Services and close their account at any time.

10.2 Termination for cause

Either Party may terminate the Agreement or an Order by written notice if the other Party (a) materially breaches the Agreement and does not cure the breach within 30 days after notice, or (b) becomes insolvent, makes an assignment for the benefit of creditors, or becomes subject to bankruptcy or similar proceedings that are not dismissed within 60 days. Breach of Section 2.3 or 3 is a material breach.

10.3 Effect of termination

When the Agreement or an Order ends: Customer's license to the affected Services ends and Customer will stop using them; Customer will pay all Fees accrued through the end date; Affective has no obligation to refund prepaid amounts except as Sections 9.2, 13.4, and the Data Processing Addendum provide; and Affective will delete Customer Content and Identifiable State Data as described in the Data Processing Addendum. De-identified State Data and aggregate insights are not deleted.

10.4 Survival

Sections 1, 2.3, 4, 5, 8 (for amounts owed), 9.3, 9.4, 10.3, 10.4, and 11 through 17 survive the end of the Agreement.

Each Party keeps all rights not expressly granted in the Agreement. Customer keeps its rights in Customer Content and in any adapters or fine-tuned components it creates at its own expense and that Affective hosts for it. Affective and its licensors keep all rights in the Services, Documentation, models and their weights, State Data, Usage Data, and Affective's technology, methods, and know-how. Affective may use any feedback or suggestions about the Services without restriction or obligation.

12.1 No indirect damages

EXCEPT FOR EXCLUDED CLAIMS AND TO THE FULLEST EXTENT LAWS ALLOW, NEITHER PARTY, NOR ITS SUPPLIERS OR LICENSORS, WILL BE LIABLE FOR LOST PROFITS, REVENUE, OR GOODWILL, LOSS OF USE OR DATA, FAILURE OF SECURITY MECHANISMS, BUSINESS INTERRUPTION, OR ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE AGREEMENT, EVEN IF ADVISED OF THEIR POSSIBILITY.

12.2 Cap

EXCEPT FOR EXCLUDED CLAIMS AND TO THE FULLEST EXTENT LAWS ALLOW, EACH PARTY'S TOTAL LIABILITY, TOGETHER WITH ITS SUPPLIERS AND LICENSORS, ARISING FROM OR RELATED TO THE AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID AND PAYABLE BY CUSTOMER UNDER THE AGREEMENT IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) $100.

12.3 Excluded Claims

"Excluded Claims" means (a) Customer's obligation to pay Fees, (b) Customer's breach of Section 2.3, 2.4, 3, or 5 or of the Acceptable Use Policy, and (c) a Party's obligations to pay defense costs, damages, and settlements under Section 13.

12.4 Application

These limits apply to every form of claim, whether in contract, tort (including negligence), strict liability, or otherwise, and apply even if a limited remedy fails of its essential purpose. They are an essential basis of the bargain between the Parties.

13.1 By Affective

Affective will defend Customer against any third-party claim alleging that the Services, as provided by Affective, infringe or misappropriate that third party's United States patent, copyright, trademark, or trade secret, and will pay the damages and costs finally awarded against Customer, or agreed by Affective in settlement, for that claim.

13.2 By Customer

Customer will defend Affective against any third-party claim to the extent arising from (a) Input, (b) a Customer Application, except to the extent caused by Affective's breach of the Agreement, (c) facts that, if true, would breach Section 2.3, 2.4, 3, or 5 or the Acceptable Use Policy, or (d) an End User's use of or reliance on a Customer Application, including on emotional inferences or crisis handling within it, and will pay the damages and costs finally awarded against Affective, or agreed by Customer in settlement, for that claim.

13.3 Procedure

The indemnifying Party's obligations depend on receiving prompt written notice of the claim, sole control of its defense and settlement, and reasonable cooperation, with its reasonable out-of-pocket costs reimbursed. The indemnifying Party may not settle a claim in a way that requires the other Party to admit fault or to take or refrain from taking action, other than ceasing use of the Services when Affective is indemnifying, without that Party's consent. The indemnified Party may join the defense with its own counsel at its own cost.

13.4 Mitigation

If the Services are, or Affective believes they may be, subject to an infringement claim, Affective may (a) obtain the right for Customer to keep using them, (b) modify or replace them so they do not infringe without materially reducing their overall functionality, or (c) if neither is commercially reasonable, terminate the affected Order and refund prepaid, unused Fees for the remainder of its Term.

13.5 Exclusions

Section 13.1 does not apply to claims arising from Output or State Data; from combination of the Services with anything Affective did not provide, including Third-Party Platforms; from modification of the Services by anyone other than Affective; from use in breach of the Agreement; or from Customer's or its personnel's negligence, misconduct, or violation of Laws or third-party rights.

13.6 Exclusive remedy

THIS SECTION 13 STATES AFFECTIVE'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY FOR THIRD-PARTY INTELLECTUAL PROPERTY CLAIMS.

14.1 Definition

"Confidential Information" means non-public information that one Party (the "Discloser") discloses to the other (the "Recipient") under the Agreement that is marked confidential or that a reasonable person would understand to be confidential. Affective's Confidential Information includes Credentials, non-public Documentation, non-public pricing, and non-public information about the Services, models, and roadmap. Customer's Confidential Information includes Customer Content.

14.2 Obligations

The Recipient will use the Discloser's Confidential Information only to perform its obligations and exercise its rights under the Agreement, and will not disclose it except to its employees, contractors, advisors, and service providers who need to know it and are bound by confidentiality obligations at least as protective as these. The Recipient is responsible for their compliance and will protect Confidential Information with at least reasonable care.

14.3 Exclusions

Confidential Information does not include information that the Recipient can show (a) is or becomes public through no fault of the Recipient, (b) it knew before receiving it without a duty of confidentiality, (c) it received from a third party without a duty of confidentiality, or (d) it developed independently without using the Discloser's Confidential Information.

14.4 Required disclosure

The Recipient may disclose Confidential Information when Laws, a subpoena, or a court order require it, if it gives the Discloser prior notice where legally permitted and reasonably cooperates with any effort to obtain protective treatment.

14.5 Remedies

Unauthorized use or disclosure of Confidential Information may cause harm that money cannot adequately remedy, so the Discloser may seek injunctive relief in addition to any other remedy.

Affective may identify Customer by name and logo as a customer on its website and in marketing materials, and will stop doing so within 30 days of Customer's written request. Any other public announcement about the relationship requires the other Party's prior written consent.

16.1 Informal resolution first

Before starting arbitration, the Party with a claim must send the other a written notice by certified mail or overnight courier, or by email if the other Party has not provided a physical address, describing the claim and the relief sought. The Parties will try in good faith to resolve the claim for 30 days after the notice is received.

16.2 Binding arbitration

If the claim is not resolved, any dispute arising from or related to the Agreement, the Services, or communications between the Parties will be resolved by binding individual arbitration under the Federal Arbitration Act, administered by JAMS under its Comprehensive Arbitration Rules and Procedures, or under its consumer rules if Customer is an individual acting for personal purposes. The arbitrator decides questions about the scope and enforceability of this arbitration agreement. Hearings will be held by video conference or on written submissions unless the arbitrator requires an in-person hearing, which will take place in [VENUE COUNTY] County, Texas. Settlement offers may not be disclosed to the arbitrator until after the award. The arbitrator may award any individual relief a court could award, must issue a reasoned written decision, and judgment on the award may be entered in any court with jurisdiction.

16.3 No class actions

Each Party may bring claims against the other only individually, and not as a plaintiff or class member in any class, collective, or representative proceeding.

16.4 Exceptions

Either Party may bring an individual claim in small claims court, report a matter to a government agency, seek injunctive relief in court in aid of arbitration or to protect its Confidential Information, or bring a claim in court for infringement or misappropriation of intellectual property, including breach of Section 2.3.

16.5 If this section is unenforceable

If Section 16.3 or this Section 16 as a whole is found unenforceable, this Section 16 will not apply, and disputes will be decided by the courts named in Section 17.2.

17.1 Assignment

Neither Party may assign the Agreement without the other Party's prior written consent, except that Affective may assign it without consent to an affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets or equity. Any other attempted assignment is void. The Agreement binds and benefits permitted successors and assigns.

17.2 Governing law and venue

The Agreement is governed by the laws of the State of Texas and applicable United States federal law, without regard to conflict-of-law rules, and the United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 16, the Parties submit to the exclusive jurisdiction of the state and federal courts located in [VENUE COUNTY] County, Texas.

17.3 Attorneys' fees

The prevailing Party in any action to enforce the Agreement may recover its reasonable attorneys' fees and costs.

17.4 Notices

Notices must be in writing. Notices to Affective go to Affective LLC, [NOTICE ADDRESS], with a copy to founder@affective-llc.site. Notices to Customer go to the address or email in the Order or Customer's account. Notices are effective on receipt if delivered personally or by certified mail, one business day after dispatch by overnight courier, and on the earlier of a confirmation of receipt or one business day after sending if by email. Affective may send operational notices by email or through the Services.

17.5 Changes to this agreement

Affective may update this agreement by giving at least 30 days' notice by email or through the Services. Updates take effect at the start of Customer's next Order term or, for Customers without a fixed-term Order, 30 days after notice. Updates never change the terms that apply to Customer Content or State Data collected before the update takes effect. Otherwise, amendments must be in a writing signed by both Parties or accepted through an electronic process Affective provides. Terms in Customer purchase orders or business forms have no effect.

17.6 Order of precedence

If documents conflict, this order applies: (1) the Data Processing Addendum, for personal data; (2) the Order; (3) this agreement; (4) the Acceptable Use Policy; (5) the Documentation.

17.7 Entire agreement, waiver, and severability

The Agreement is the Parties' entire agreement about its subject matter and supersedes all prior agreements about it. Waivers must be in writing and signed by the waiving Party. If a provision is unenforceable, it will be limited to the minimum extent necessary and the rest will remain in effect. Headings are for convenience only, and "including" means "including without limitation."

17.8 Force majeure

Neither Party is liable for failure or delay in performance, other than payment obligations, caused by events beyond its reasonable control, such as natural disasters, epidemics, war, terrorism, civil unrest, labor actions, government action, or failures of utilities, networks, or third-party hosting providers.

17.9 Subcontractors

Affective may use subcontractors and service providers and allow them to exercise its rights, but remains responsible for their performance under the Agreement.

17.10 Independent contractors

The Parties are independent contractors. The Agreement creates no partnership, joint venture, agency, or employment relationship.

17.11 Export and sanctions

Each Party will comply with US and other applicable export control and sanctions laws. Customer represents that it is not on any US government restricted-party list and is not located in, organized in, or ordinarily resident in a country or region subject to comprehensive US sanctions, and will not allow anyone who is to use the Services.

17.12 US government end users

The Services and Documentation are commercial computer software and commercial computer software documentation, developed at private expense, and are provided to US government end users only with the rights granted to all other customers under the Agreement, consistent with FAR 12.212 and DFARS 227.7202.