Amberjack Terms and Conditions

Important Service Summary

IMPORTANT AI TRANSPARENCY NOTICE - AMBERJACK USES ARTIFICIAL INTELLIGENCE. Amberjack uses artificial intelligence and automated systems to analyze submitted Source Websites and to generate or modify website designs, text, content, structure, code, configurations, and other Outputs. Where an Amberjack interface communicates directly with you using AI, you are interacting with an AI system rather than a human unless we clearly state otherwise. This disclosure is presented at or before the first direct AI interaction and in an accessible, clear, and distinguishable manner where required by law. AI-generated or AI-modified Outputs may contain errors and must be reviewed before publication. Further information appears in Section 9 and the Privacy Policy.

The following points are important and should be read together with the full Terms:

1. Amberjack is an automated, AI-powered website-generation and modernization platform. It is not a web agency and does not promise custom design, custom development, legal review, accessibility certification, SEO results, or manual revisions.
2. You may submit only a website or URL that you own or are legally authorized to access, copy, process, modify, republish, and, where applicable, authorize for AI/model development. Ownership of a website or its text alone does not establish rights in third-party images, fonts, logos, trademarks, reviews, embedded materials, or licensed assets.
3. AI and automated Outputs may be inaccurate, incomplete, non-unique, defective, or legally unsuitable. You must independently review, test, and approve everything before publication.
4. Your subscription provides limited access to a hosted service. It is not a sale or transfer of a standalone website, software product, source-code package, repository, AI model, prompt, template, database, or other Amberjack Technology. You retain rights you hold in User Content; Amberjack and its licensors retain Amberjack Technology and their other intellectual-property rights.
5. If you use Amberjack to generate a website after accepting these Terms, you authorize Amberjack to use the relevant generation run - including eligible Source Website content, instructions, Generated Websites, Outputs, and derived data - to train, fine-tune, test, evaluate, and improve its AI and website-generation technology, subject to Section 8 and mandatory law. There is no contractual training opt-out.
6. You own and control your domain. For security and rights-verification purposes, a Generated Website based on a scanned Source Website may be publicly published only on the Verified Source Domain scanned by Amberjack, including an approved equivalent host or subdomain within the same registrable domain.
7. Amberjack uses third-party infrastructure. Persistent Account, authentication, and project data may be stored with Neon in AWS Europe (Frankfurt), while static websites and visitor requests may be cached, secured, and delivered through Cloudflare’s global network. OpenAI, Paddle, and other providers may process data as described in Section 22 and the Privacy Policy.
8. The Service is provided without an uptime guarantee, service-level agreement, guaranteed support response, guaranteed backup, guaranteed recovery, or guarantee of future availability. Mandatory Consumer conformity and statutory-remedy rights remain unaffected.
9. Amberjack does not create or retain a backup, archive, snapshot, restoration copy, or replacement copy of your old or existing Source Website. You are solely responsible for preserving the old website and its files, databases, content, configurations, and records before replacing, modifying, or decommissioning it.
10. Using or publishing through Amberjack does not cancel any existing hosting, website-builder, CMS, agency, maintenance, plugin, domain, email, software, or other third-party plan relating to your old website. You remain responsible for cancelling, downgrading, or maintaining those services and for all charges until cancellation becomes effective.
11. Recurring subscriptions renew until cancelled. Subscription cancellation and statutory withdrawal are different. Cancellation normally stops a future renewal; statutory withdrawal is a limited B2C cooling-off right that may unwind an eligible initial distance contract. Eligible EU/EEA Consumers generally have 14 days from conclusion of a covered distance contract to withdraw, subject to statutory rules and exceptions. Business Users and B2B purchases do not receive that statutory right. Swiss law does not provide a general 14-day cooling-off right merely because a SaaS contract was concluded online. See Sections 31-34 and Annex A.
12. For a planned voluntary shutdown of all or a substantial part of the Service, Amberjack will provide at least 180 days’ advance notice, subject to narrow emergency, legal, insolvency, security, critical-provider, and force-majeure exceptions. No custom migration is included.
13. Amberjack may moderate, restrict, or remove unlawful, infringing, deceptive, abusive, or prohibited content. Copyright and illegal-content complaints are handled under Section 42 and mandatory law.
14. Amberjack’s warranties and liability are excluded or limited to the maximum extent permitted by law. Mandatory Consumer, privacy, digital-service, and other non-waivable rights remain unaffected.

1. Agreement and Scope

These Terms apply to all users of the Service, including visitors, Account holders, purchasers, authorized team members, Consumers, and Business Users.

Additional terms may apply to a specific plan, feature, beta program, API, data-processing arrangement, order form, enterprise agreement, or promotion. Those additional terms form part of the agreement where they are expressly incorporated or accepted.

If an order form or separate written agreement signed by an authorized representative of Amberjack expressly conflicts with these Terms, the signed agreement controls only to the extent of that conflict. Marketing statements, demonstrations, roadmaps, support messages, and informal communications do not modify these Terms.

2. Definitions

For these Terms:

“Account” means an account used to access or manage the Service.

“Amberjack Technology” means the Service and all software, source code, development code, object code, APIs, databases, schemas, infrastructure, AI models and model-related systems, model weights, prompts, instructions, workflows, algorithms, methods, configurations, templates, themes, components, libraries, design systems, interfaces, documentation, analytics, internal tools, know-how, trade secrets, and other technology or materials owned, licensed, or controlled by Amberjack, including improvements, modifications, and derivative technology.

“Business User” means a person or entity, including a sole trader, using or purchasing the Service primarily for purposes relating to trade, business, craft, profession, organization, or commercial activity.

“Consumer” means a natural person who, in relation to the Service, is acting for purposes outside that person’s trade, business, craft, or profession. Where a contract has both personal and business purposes, Consumer status is determined under applicable law; a person may still qualify as a Consumer where the trade, business, craft, or professional purpose is so limited that it is not predominant in the overall context of the contract.

“Contracting Trader” means the legal entity identified at checkout and in the order confirmation as the trader or seller for the relevant Consumer transaction. For paid Amberjack transactions, Paddle acts as Merchant of Record and authorized reseller, subject to the specific Paddle entity identified at checkout or in the order confirmation.

“Generated Website” means a website, page, preview, layout, design, text, code, configuration, asset selection, or other website-related result generated, modified, hosted, or published through the Service.

“Output” means any content, design, text, image selection, code, recommendation, configuration, response, or other material generated or modified by the Service.

“Source Website” means a website, URL, webpage, domain, file, feed, or other digital source submitted, identified, connected, or made available to the Service at your direction.

“Verified Source Domain” means the registrable domain associated with the Source Website that Amberjack has verified as being controlled by you through DNS verification, registrar verification, a verification file or token, control of the existing website, or another verification method accepted by Amberjack. Amberjack may treat approved hosts such as the apex domain, www host, or other approved subdomains within the same registrable domain as part of the same Verified Source Domain.

“User Content” means all websites, URLs, text, images, logos, trademarks, trade names, files, code, personal data, form data, instructions, prompts, business information, and other material that you or your authorized users submit, upload, import, connect, publish, or otherwise make available through the Service.

3. About Amberjack

Amberjack is an automated website-generation and website-modernization platform. The Service is designed to allow companies and individuals to submit an existing website URL and receive a newly generated or modernized website based on content and information obtained from the Source Website and any additional User Content.

Amberjack.ai is the AI-powered website builder operated by yulci GmbH. In these Terms, “Amberjack” refers only to yulci GmbH and this Service. Unless expressly stated otherwise, Amberjack.ai is independent and is not affiliated with, sponsored by, endorsed by, or connected with any other company, product, service, organization, or brand using the name “Amberjack.”

Amberjack is not a traditional web-design agency, advertising agency, marketing agency, consulting firm, law firm, accessibility auditor, cybersecurity auditor, SEO agency, managed-service provider, or custom software-development company.

The Service is offered as hosted access. Unless expressly stated in a selected plan or separate signed agreement, Amberjack does not provide a standalone website deliverable, a source-code package, a repository, or a perpetual right to operate a Generated Website independently from the Service.

Unless expressly included in a selected plan or separate signed agreement, the Service does not include:

• Bespoke website design;
• Manual redesigns or individual change requests;
• Custom coding or development;
• Copywriting, translation, fact-checking, or content verification;
• Legal, tax, financial, compliance, accessibility, security, or professional advice;
• Domain registration or domain management;
• Business-email administration;
• Personalized onboarding or account management;
• Emergency, telephone, or 24-hour support;
• Migration to another provider;
• A service-level agreement or service credits.

4. Eligibility and Authority

You may use the Service only if you:

The Service is not directed to children. You must not create an Account for a child or knowingly allow a child to operate an Account.

Unless Amberjack gives prior written approval and the required legal, privacy, age-assurance, parental-consent, safety, and technical measures are implemented, you may not use the Service to operate a website or service primarily directed to children under 13 or below the applicable digital-consent age in the relevant jurisdiction.

If you use the Service on behalf of a company, organization, partnership, public authority, agency, client, or other entity, you represent and warrant that you have authority to act for and bind that entity. References to “you” include both you and that entity.

You may not use the Service on behalf of another person or entity without appropriate authorization.

1. Are at least 18 years old and legally capable of entering a binding agreement;
2. Are not prohibited from using the Service under applicable law;
3. Provide accurate and complete information;
4. Use the Service only for lawful purposes.

5. Accounts and Account Security

You may be required to create an Account. You must provide accurate, current, and complete information and keep it updated.

You are responsible for:

Accounts may not be sold, leased, publicly shared, or transferred except with Amberjack’s written approval.

Amberjack may require identity, authority, ownership, payment, or domain verification before granting access, publishing a Generated Website, processing a request, transferring an Account, or disclosing Account information.

Amberjack is not responsible for loss or damage caused by your failure to maintain reasonable Account security, credential sharing, compromised devices, or unauthorized access resulting from your acts or omissions.

• Maintaining the confidentiality of login credentials;
• Protecting devices and authentication methods used to access the Account;
• Controlling access by employees, contractors, and other authorized users;
• All actions taken through the Account;
• Ensuring that authorized users comply with these Terms;
• Promptly notifying Amberjack of suspected unauthorized access or security incidents.

6. Source Websites and Your Authority

When you submit a URL or Source Website, you represent and warrant that:

This representation covers all relevant rights in:

Your ownership of the Source Website, domain, business, or written text does not establish that you own or may transfer every asset appearing on that website. Images, photographs, stock media, custom fonts, logos, icons, videos, reviews, plugins, themes, embedded media, commissioned materials, and other assets may be subject to separate, non-transferable, host-specific, seat-specific, or otherwise limited licences.

You represent and warrant that any licence or permission relied upon by you allows, to the extent necessary for the Service, Amberjack and its providers to retrieve, copy, process, modify, temporarily store, rehost, display, and publish the relevant material. If those rights do not exist, you must remove the material or obtain the required permission before using the Service. Amberjack may omit, replace, disable, or remove an asset where its rights status is unclear or where we reasonably believe continued processing may create infringement or contractual risk.

A website’s public availability does not mean that its content may lawfully be copied, modified, or republished.

You must not submit a competitor’s, customer’s, client’s, employer’s, former employer’s, or other third party’s website unless you have sufficient authority.

You must not use the Service to bypass passwords, paywalls, authentication, access controls, technical restrictions, robots exclusions, or security measures.

Amberjack is not responsible for independently confirming your ownership or authority. We may request evidence of ownership or permission at any time and may refuse, restrict, remove, suspend, or terminate any project that appears to involve unauthorized copying, impersonation, infringement, fraud, or unlawful conduct.

1. You own the Source Website; or
2. You have all permissions, licenses, consents, and legal rights necessary to access, copy, analyze, reproduce, process, transform, modify, host, and republish the Source Website and its content through the Service.

• Text, articles, product descriptions, and databases;
• Photographs, graphics, videos, and audio;
• Logos, trade names, and trademarks;
• Layouts, designs, themes, and style elements;
• Customer testimonials and reviews;
• Personal data and contact information;
• Embedded content, software, scripts, and code;
• Licensed, commissioned, or third-party materials.

6.1 No Backup or Preservation of Your Existing Website

Amberjack does not create, maintain, or promise a backup, archive, snapshot, restoration copy, migration copy, or preservation copy of your old or existing Source Website merely because you submit, scan, import, analyze, preview, generate, connect, or publish through the Service.

You are solely responsible for preserving anything from your existing website that you may wish or need to retain, including its source files, databases, CMS content, media, configuration, themes, plugins, form submissions, customer records, analytics records, redirects, settings, credentials, and other business records. You should create and verify your own independent backup before changing, replacing, disconnecting, or decommissioning the existing website.

Amberjack has no obligation to restore your previous website, reconstruct its prior configuration, retrieve content from a former hosting provider, or return your domain to its prior hosting configuration. Scanning or processing a Source Website through Amberjack does not constitute a backup service and does not mean that Amberjack has retained a recoverable copy of the Source Website.

6.2 Existing Third-Party Plans and Subscriptions

Starting, publishing, connecting, or paying for Amberjack does not cancel, terminate, modify, transfer, or replace any contract, subscription, hosting plan, website-builder plan, CMS plan, agency agreement, maintenance agreement, plugin or theme licence, domain service, email service, analytics service, advertising service, software subscription, or other third-party service associated with your existing website.

You are solely responsible for identifying those services and deciding whether and when to cancel, downgrade, transfer, or continue them. You are also responsible for following the relevant third party’s cancellation procedure, notice period, minimum term, renewal rules, data-export process, and other contractual requirements.

Amberjack is not responsible for duplicate subscriptions, overlapping hosting charges, renewal fees, termination fees, unused prepaid periods, or other amounts charged by third parties because you did not cancel or modify an existing service. Amberjack has no authority or obligation to cancel third-party services on your behalf unless we expressly agree otherwise in a separate written agreement.

7. Permission to Access and Process Source Websites

By submitting a URL or connecting a Source Website, you instruct and authorize Amberjack and its providers to access and technically process that Source Website for the purpose of providing, securing, evaluating, and, where permitted under Section 8, developing the Service.

Processing may include:

You are responsible for ensuring that your instruction and authorization are lawful.

• Retrieving publicly accessible webpages and assets;
• Reading website structure, metadata, and technical signals;
• Extracting, caching, and temporarily or persistently storing text, images, links, styles, code, and other content;
• Analyzing branding, layout, navigation, language, and functionality;
• Generating new text, layouts, designs, code, configurations, and previews;
• Performing anti-fraud, rights, security, quality, and abuse checks;
• Hosting and publishing an approved Generated Website.

7.1 Automated-access, licence, and source restrictions

Amberjack may use automated tools, crawlers, APIs, browser automation, or similar means to retrieve publicly accessible content from a Source Website. Submission of a URL does not mean that access, copying, text-and-data mining, republication, or AI/model use is lawful.

Amberjack will not intentionally bypass passwords, paywalls, authentication, CAPTCHAs, or other effective access controls. Amberjack will comply with binding access restrictions, effective rights reservations, licence terms, API conditions, and website terms to the extent Amberjack is legally or contractually required to do so, and may voluntarily honor additional robots directives, rate limits, or rights-holder requests as a risk-control measure.

Where applicable law makes a text-and-data-mining exception conditional on the absence of an effective rights reservation, Amberjack may exclude or stop using reserved content unless another lawful basis applies.

You remain responsible for your authority and instructions. Amberjack does not undertake to review every third-party term, licence, or technical signal on your behalf and may refuse, restrict, or stop access where a source is blocked, insecure, disputed, unlawful, contractually restricted, or otherwise presents material legal, security, or operational risk.

8. User Content, Service Licence, and AI/Model Development Rights

As between you and Amberjack, you retain any ownership rights you hold in User Content.

You grant Amberjack, its affiliates, contractors, infrastructure providers, AI providers, and subprocessors a non-exclusive, worldwide, royalty-free, sublicensable licence to access, copy, reproduce, cache, host, store, transmit, display, analyze, modify, transform, create technical derivatives from, and otherwise process User Content to the extent reasonably necessary to:

This licence continues for as long as reasonably necessary for those purposes, including ordinary deletion and backup cycles, dispute resolution, fraud prevention, security, and legal retention, subject to non-waivable rights.

You represent and warrant that:

You remain responsible for User Content even where Amberjack reformats, summarizes, translates, modifies, or incorporates it into an Output.

1. Provide, operate, maintain, secure, and support the Service;
2. Generate, preview, host, and publish Generated Websites;
3. Verify domains, authority, and permitted publication;
4. Prevent fraud, phishing, abuse, infringement, and security incidents;
5. Troubleshoot and improve performance, reliability, quality, and accessibility;
6. Enforce these Terms and protect users and third parties;
7. Comply with legal, regulatory, tax, accounting, and record-retention obligations;
8. Conduct AI/model development activities expressly described in Section 8.1.

• You have all rights, permissions, licences, and authority necessary to grant this licence;
• User Content and its permitted use do not violate law, contractual restrictions, rights reservations, or third-party rights;
• User Content is accurate where accuracy is legally or commercially material;
• Amberjack’s processing according to your instructions does not breach a duty owed by you;
• You will not submit unnecessary confidential, sensitive, special-category, payment, authentication, health, biometric, children’s, or other high-risk data.

8.1 AI training, fine-tuning, evaluation, and product development

If you use Amberjack to generate a website after accepting these Terms, you authorize Amberjack to use the relevant generation run for product and model development. This may include the Source Website content retrieved for that run, your instructions and edits, Generated Websites and Outputs, technical interaction signals, and derived or aggregated data.

Amberjack may use that material to develop, train, fine-tune, retrain, test, evaluate, benchmark, secure, and improve Amberjack’s AI systems, machine-learning models, website-generation systems, ranking systems, templates, algorithms, and workflows, including systems used across multiple customers. Amberjack may use OpenAI and other technical providers for these purposes where permitted by applicable law and contract.

There is no contractual opt-out from this model-development use when you use Amberjack to generate a website. This does not limit any privacy, objection, erasure, copyright, or other right that cannot lawfully be waived.

This authorization applies only to rights you own or are legally able to grant. It does not create rights in third-party stock media, fonts, logos, testimonials, software, databases, or other protected material. Public availability alone does not establish that content may be used without restriction, and effective rights reservations or mandatory law remain applicable.

Amberjack does not intend to use passwords, authentication secrets, complete payment credentials, private form submissions, government identifiers, health or biometric data, or other clearly sensitive security information for generalized model training. You must not submit such information unless the Service expressly supports it.

Ending your Account or subscription does not require Amberjack to remove information already lawfully incorporated into trained, fine-tuned, aggregated, or de-identified systems, except where mandatory law requires otherwise. This training right does not make Amberjack a backup provider and gives you no right to inspect or receive training datasets, model parameters, prompts, evaluations, or other Amberjack Technology.

9. AI Transparency and Automated Outputs

IMPORTANT AI DISCLOSURE - AMBERJACK USES ARTIFICIAL INTELLIGENCE. WHERE AN AMBERJACK FEATURE COMMUNICATES DIRECTLY WITH YOU USING AI, YOU ARE INTERACTING WITH AN AI SYSTEM AND NOT A HUMAN UNLESS AMBERJACK CLEARLY STATES OTHERWISE.

Amberjack will identify direct AI interactions clearly, distinguishably, and accessibly from the start of the first interaction where required by applicable law. A disclosure may appear in onboarding, the URL-generation interface, an AI chat or agent interface, a persistent label, or another prominent location. Disclosure that AI is being used is informational and does not itself constitute consent to personal-data processing that requires a separate legal basis.

The Service uses artificial intelligence, machine learning, automated workflows, templates, algorithms, and third-party technologies. Amberjack may use AI to analyze Source Websites and generate, select, transform, or modify website text, layouts, code, images or image selections, metadata, structure, configurations, recommendations, and other Outputs. Outputs may be probabilistic and may vary between requests.

Where the EU AI Act or another applicable law requires Amberjack to implement machine-readable markings, provenance information, metadata, watermarks, labels, detection functionality, or other measures for AI-generated or AI-manipulated content, Amberjack will implement the measures required of it to the legally required extent. You must not remove, suppress, falsify, disable, strip, or circumvent a legally required marking, provenance record, disclosure, or detection capability.

If you publish or deploy AI-generated or AI-manipulated content in circumstances that require a deployer disclosure - including certain deepfakes, emotion-recognition or biometric-categorization uses, or AI-generated text on matters of public interest without human review or editorial control - you are responsible for making the required clear disclosure unless Amberjack has expressly undertaken that obligation in writing.

9.1 U.S. AI transparency where applicable

Where U.S. federal or state law requires training-data documentation, provenance, detection, synthetic-content disclosure, risk management, or other AI transparency measures, Amberjack will provide the information or functionality required of it through the Service or Amberjack website. Compliance does not create a right to Amberjack source code, model weights, prompts, trade secrets, or customer-confidential information beyond what the law requires.

You must not remove or falsify legally required provenance or disclosures and must comply with disclosure, human-review, anti-discrimination, correction, or appeal duties that apply to your use. High-impact uses remain prohibited under Section 15.1 unless separately approved and lawfully implemented.

Outputs may contain or cause:

You must independently review, test, fact-check, and approve all Outputs and every Generated Website before publication or business use. Human review must be meaningful where law or the circumstances require it.

You are responsible for determining whether an Output is accurate, complete, lawful, non-infringing, secure, accessible, and suitable for your intended purpose. You must not represent an AI-generated Output as having been manually created, professionally reviewed, legally approved, certified, or endorsed where that representation would be false or misleading.

Amberjack does not represent or warrant that any Output is unique. Similar or identical content, layouts, components, or Outputs may be generated for other users. AI-generated material may not qualify for copyright or other intellectual-property protection in every jurisdiction.

Outputs are not legal, financial, tax, medical, accessibility, cybersecurity, regulatory, employment, credit, insurance, education, housing, or other professional advice.

• Incorrect, fabricated, misleading, outdated, or incomplete information;
• Missing disclosures or legally required content;
• Grammar, spelling, translation, or formatting errors;
• Incorrect contact details, prices, claims, or product information;
• Broken links, code defects, design defects, or layout issues;
• Security, privacy, accessibility, or compatibility issues;
• Copyright, trademark, publicity, database-right, or other rights concerns;
• SEO limitations, ranking changes, or indexing issues;
• Unsuitable, offensive, biased, discriminatory, or unintended material.

10. Preview, Purchase, and Approval

Amberjack may provide a free, limited, or paid preview before purchase. A preview may allow you to assess general design, layout, structure, text, appearance, and suitability.

Previews may be incomplete, temporary, watermarked, restricted, lower resolution, non-functional, or different from the final published version. Responsive behavior, third-party integrations, interactive features, domain connections, and production hosting may not be fully represented in a preview.

By purchasing, activating, exporting, downloading, publishing, or connecting a domain to a Generated Website, you acknowledge that:

A preview, acceptance, or approval does not waive a Consumer’s mandatory rights relating to supply, conformity, security updates, digital-service quality, misleading public statements, or statutory remedies. Where applicable EU/EEA law treats the preview or marketing statements as part of the objective conformity assessment, those rights remain unaffected.

1. You had an opportunity to review the available preview;
2. You evaluated visible design and content for your intended purpose;
3. You understand that the Service is automated;
4. You understand that subjective design preferences differ;
5. You understand that custom or unlimited revisions are not included unless expressly stated;
6. You remain responsible for final review, testing, legal checks, and approval.

11. No Agency, Custom Work, or Professional Advice

Unless expressly included in a selected plan or separate signed agreement, Amberjack is not required to provide manual revisions, custom coding, bespoke design, copywriting, migration, legal review, accessibility certification, security auditing, SEO consulting, domain management, personalized onboarding, or ongoing website management.

Any support, recommendation, manual intervention, correction, goodwill adjustment, or improvement provided by Amberjack is discretionary and does not create an ongoing custom-service obligation.

Nothing in these Terms creates an agency, partnership, employment, fiduciary, franchise, joint-venture, professional-adviser, or managed-service relationship. You remain responsible for your website and business.

For Consumers, this section does not remove a mandatory right to have a digital service brought into conformity, repaired, repeated, supplied, updated, price-reduced, or terminated where applicable law provides that remedy. A statutory conformity remedy is not a contractual promise of bespoke design or unlimited revisions.

12. Intellectual Property, Hosted-Service Access, and Generated Websites

12.1 User Content remains yours

As between you and Amberjack, you retain any rights you hold in User Content, including pre-existing text, images, logos, trademarks, product information, and customer-authored edits. Your rights in User Content do not give you rights in Amberjack Technology or third-party materials. Amberjack’s rights to process User Content are governed by Sections 6 and 8.

12.2 Amberjack Technology and hosted access

Amberjack and its licensors retain all rights in Amberjack Technology and in proprietary elements of Generated Websites that consist of, incorporate, or depend on that technology. This includes software, APIs, databases, AI models, prompts, workflows, templates, reusable components, hosting and deployment systems, security systems, analytics, know-how, and trade secrets.

The Service is provided as hosted access on a subscription or other access basis. Payment, preview approval, publication, or domain connection does not purchase a standalone website, source-code package, repository, model, template, database, or perpetual right, and no work is commissioned as a work made for hire unless a separate signed agreement expressly states otherwise.

Subject to payment and compliance with these Terms, Amberjack grants you a limited, non-exclusive, non-transferable, and non-sublicensable licence, lasting only during your authorized access, to configure and operate the Generated Website through Amberjack’s hosted Service for your lawful purposes. The licence ends when the applicable subscription, Account, website, or Service ends.

12.3 No source-code or internal-material delivery

Except where a separate signed agreement, mandatory law, binding authority order, or applicable third-party licence expressly requires otherwise, Amberjack has no obligation to provide source or object code, repositories, build or deployment files, server-side code, database schemas or dumps, hosting configurations, non-public APIs, credentials, keys, models, weights, prompts, system instructions, workflows, template source, internal logs, analytics, security data, technical documentation, trade secrets, or other internal materials.

Code, markup, stylesheets, scripts, and assets transmitted to a browser solely to display a hosted Generated Website do not constitute a sale, assignment, or delivery of source code and do not grant a right to extract, reuse, rehost, redistribute, or reverse engineer them.

12.4 Outputs and restrictions

Outputs may be similar to outputs produced for other users and may not qualify for copyright or other protection. Your use remains subject to rights in User Content and third-party materials.

Except to the extent non-waivable law expressly permits otherwise, you must not reverse engineer or reconstruct Amberjack Technology; systematically extract proprietary code, templates, layouts, or responses; circumvent access, export, or copying controls; separately rehost or resell proprietary elements; use them to build or train a competing service; or remove required proprietary or licence notices.

12.5 Mandatory access and portability rights

Nothing in this Section limits a non-waivable right to receive your User Content, personal data, legally exportable customer data or digital assets, or materials required by an applicable open-source or third-party licence. Any such right is limited to the data, format, timing, and assistance legally required and does not create a general right to Amberjack Technology, trade secrets, security-sensitive information, custom migration, functional replication, or operation outside the Service unless mandatory law expressly requires it.

13. Third-Party Materials and Open-Source Software

Generated Websites and the Service may include, link to, incorporate, or depend on third-party software, open-source components, fonts, libraries, images, APIs, infrastructure, content, or other materials.

Third-party and open-source materials remain subject to their applicable licences, terms, usage restrictions, attribution requirements, notice requirements, source-availability requirements, and policies. Those terms may limit or permit modification, redistribution, commercial use, export, transfer, reverse engineering, or access to source code.

Nothing in these Terms restricts rights granted directly to you under an applicable third-party or open-source licence. If an applicable licence requires Amberjack to provide notices, attribution, licence text, corresponding source code, or another covered material, the applicable licence controls with respect to that covered component. Any such obligation does not transfer ownership of, or create access rights to, separate Amberjack Technology or third-party materials that are not subject to that obligation.

Amberjack does not transfer ownership of third-party materials and does not guarantee that a third-party licence, component, provider, integration, font, image, or asset will remain available indefinitely.

You are responsible for reviewing and complying with third-party terms that apply directly to your use of a Generated Website, integrated service, or exported material.

14. Publishing, Verified Domains, and Website Operation

You are responsible for deciding whether and when to publish a Generated Website, subject to Amberjack’s domain-verification and publication controls.

14.1 Publication restricted to the Verified Source Domain

For security, anti-phishing, separation-of-rights, and ownership-verification purposes, a Generated Website created from a scanned Source Website may be publicly activated or published through Amberjack only on the Verified Source Domain associated with that Source Website, including an approved equivalent host or approved subdomain within the same registrable domain.

You must prove control of the Verified Source Domain using a verification method accepted by Amberjack, which may include DNS records, registrar verification, a verification token or file, control of the existing website, or another technical or documentary method. Amberjack may require re-verification at any time, including after Account changes, DNS changes, ownership changes, suspicious activity, or a security event.

A claim that you own a brand, business, trademark, website, or content does not by itself require Amberjack to permit publication to a different domain. Amberjack may refuse publication to any domain other than the Verified Source Domain. If Amberjack later offers a controlled domain-change process, it may require separate verification and additional review and does not create a general right to migrate or publish a Generated Website to another domain.

Before domain verification, Amberjack may restrict a Generated Website to an authenticated, access-controlled, non-indexed, or otherwise limited preview. Amberjack may disable credential collection, payment collection, form submissions, external authentication, or other interactive functions in unverified previews. No user has a right to a publicly shareable or fully interactive preview before Amberjack completes the checks it considers appropriate.

If you lose control of the Verified Source Domain or Amberjack reasonably suspects impersonation, phishing, domain compromise, or unauthorized use, Amberjack may immediately suspend publication, disable interactive functionality, require re-verification, or take the Generated Website offline.

14.2 Website operation after publication

Once published, you are responsible for:

Technical hosting or transmission by Amberjack does not make Amberjack the publisher, seller, merchant, advertiser, data controller, professional adviser, or operator of your business, except to the extent applicable law determines otherwise for a specific processing activity.

Amberjack may refuse to publish or may restrict or remove content that we reasonably believe violates these Terms, law, third-party rights, infrastructure-provider policies, or payment-provider requirements.

• The website and all statements made through it;
• Products, services, prices, offers, promotions, and claims;
• Customer communications, complaints, refunds, and support;
• Privacy notices, cookie notices, consent mechanisms, and data practices;
• Forms, analytics, tracking, and third-party integrations;
• Taxes, invoices, records, and regulatory disclosures;
• Website updates, content accuracy, and legal notices;
• Security of connected systems and external accounts;
• Monitoring and maintaining independent backups.

15. Legal, Regulatory, Accessibility, and High-Impact-Use Compliance

You are responsible for ensuring that your website, content, products, services, business, and use of Outputs comply with laws and industry rules applicable to you, including requirements concerning:

Privacy, cookies, analytics, electronic marketing, and data protection;

Consumer information, prices, subscriptions, cancellation, refunds, warranties, and company disclosures;

Accessibility, advertising, endorsements, testimonials, and environmental or performance claims;

Copyright, trademarks, image, publicity, personality, and database rights;

Product safety, professional licences, regulated products and services, taxes, invoices, and record retention;

Children, age restrictions, AI transparency, synthetic-content labeling, and legally required human review.

Amberjack may provide templates, notices, or technical features, but these are not legal advice, certification, or a guarantee of compliance. Nothing in these Terms removes obligations that apply directly to Amberjack under mandatory law.

15.1 No high-impact or consequential decision use

Unless Amberjack expressly approves the use in a separate written agreement and all required safeguards are implemented, you must not use the Service or Outputs to make or materially support decisions producing legal or similarly significant effects in employment, credit, insurance, housing, education, healthcare, public benefits, immigration, justice, law enforcement, biometric identification or categorization, emotion recognition, or another regulated high-impact context. Outputs must not be used discriminatorily or as a substitute for legally required professional judgment or meaningful human review.

16. Static Delivery, Interactive Features, Forms, and Communications

Generated Websites are generally delivered as static pages through a content-delivery network, but they may contain links, analytics, embedded resources, scripts, forms, booking tools, or other interactive features. Depending on the feature, information may be sent directly to you, processed by a third party selected or enabled by you, temporarily routed through Amberjack, or stored only where the feature expressly supports storage.

You are responsible for required privacy and marketing notices, lawful bases and consents, third-party provider terms, data-subject requests, retention periods, security, and independent copies of submissions or business records. You must not assume that an interactive feature creates a permanent Amberjack record, CRM, archive, or backup.

Unless expressly approved and technically supported, you must not collect passwords, authentication secrets, complete payment or bank credentials, government identifiers, health, biometric, genetic, precise-location, children’s, high-impact-decision, or other sensitive data through the Service.

Availability, spam filtering, delivery, notifications, uploads, and third-party forwarding are not guaranteed. Messages or files may be delayed, blocked, duplicated, corrupted, or lost. Where Amberjack processes personal data on your behalf, the applicable Data Processing Agreement governs that processing.

17. Domains, DNS, Registrars, Email, and External Accounts

You own and control your domain name through your chosen registrar. Amberjack does not register, own, renew, transfer, manage, recover, or guarantee user domains unless a separate signed agreement expressly states otherwise.

You remain solely responsible for:

Amberjack does not guarantee domain availability, registration, renewal, continued ownership, transferability, DNS propagation, certificate issuance, certificate renewal, or registrar availability.

Any technical instructions or tools provided by Amberjack are a convenience only. You remain responsible for confirming that your domain, DNS, email, analytics, search-console, advertising, and other external accounts are correctly configured.

Amberjack is not liable for domain loss, expiration, registrar lockout, DNS failure, email interruption, certificate issues, traffic loss, ranking changes, or website unavailability arising from domain or external-account issues.

• Domain registration, ownership, and renewal;
• Registrar accounts, credentials, and ownership records;
• Registrar and registry fees;
• DNS records and nameserver configuration;
• Domain verification and propagation;
• SSL/TLS certificates where not automatically provided;
• Email-related DNS records and business-email services;
• Domain transfers and preventing expiration;
• Compliance with registrar and registry rules.

18. Hosting and Infrastructure

Amberjack may use third-party hosting, cloud, database, storage, content-delivery, monitoring, security, email, AI, and network providers.

Amberjack’s current architecture may include Neon or successor providers for database services and Cloudflare or successor providers for DNS-related verification, caching, content delivery, edge processing, security, and delivery of Generated Websites. Generated Websites may be deployed as static files and delivered from distributed content-delivery or edge infrastructure rather than from servers physically owned or operated by Amberjack.

Amberjack may migrate or change hosting providers, cloud regions, databases, storage systems, content-delivery networks, IP addresses, security providers, AI providers, technical architecture, or other infrastructure where reasonably necessary to operate, secure, scale, maintain, or improve the Service.

Infrastructure changes may occur without prior notice and may cause temporary interruptions, changed IP addresses, caching differences, altered performance, integration issues, changed processing locations, or required configuration changes.

You are responsible for maintaining compatibility of any external allowlists, firewalls, integrations, DNS configuration, or systems under your control. Further information about storage and processing locations appears in Section 22 and the Privacy Policy.

19. Fair Use and Technical Limits

Amberjack may apply usage limits to protect platform stability, maintain fair access, prevent abuse, control costs, and comply with third-party restrictions.

Limits may include:

Amberjack may restrict, delay, throttle, reject, suspend, or block usage that is excessive, automated, abusive, unusual, fraudulent, technically harmful, or inconsistent with the intended use of a plan.

You must not circumvent or attempt to circumvent a usage limit, billing control, security measure, Account restriction, or technical safeguard.

Plan descriptions and limits may be updated as permitted by these Terms and applicable law. Additional fees may apply to excess or optional usage where disclosed before charging.

• Website, project, page, and generation limits;
• API, automation, rate, and concurrency limits;
• Storage, bandwidth, traffic, and file-size limits;
• Processing, model, compute, and export limits;
• Form, submission, email, and integration limits;
• Support and retention limits.

20. AI, Technology, Service, and Feature Changes

Amberjack continuously develops its technology and may:

Amberjack does not guarantee the continued availability of any specific AI model, provider, workflow, template, interface, generation method, feature, integration, or technical implementation. A change may cause future Outputs to differ from earlier Outputs.

For Business Users, Amberjack may make changes for commercial, operational, technical, security, legal, provider, cost, capacity, or strategic reasons, subject to any express commitments in a signed agreement.

For Consumers receiving a digital service continuously over time, a modification beyond what is necessary to maintain conformity will be made only to the extent permitted by applicable law. Where EU/EEA digital-service law applies, Amberjack will:

Mandatory rights concerning supply, updates, security, conformity, price reduction, termination, and refunds remain unaffected.

• Update or replace AI models;
• Change AI, hosting, infrastructure, security, or data providers;
• Modify prompts, parameters, and generation methods;
• Change how Source Websites are analyzed;
• Replace design systems, templates, formats, or components;
• Add, modify, restrict, or remove workflows, plans, and integrations;
• Change technical limits, interfaces, exports, or file formats;
• Introduce beta, experimental, or replacement features.

1. Rely on a valid reason stated in these Terms, such as improving or adapting the Service, responding to technology or provider changes, addressing security or abuse, complying with law, managing capacity, or retiring obsolete functionality;
2. Make the modification without additional cost unless the Consumer separately agrees to a new paid service or plan;
3. Inform the Consumer clearly and comprehensibly;
4. Provide reasonable advance notice on a durable medium where the change negatively affects access or use in more than a minor way; and
5. Provide a free termination right exercisable within the legally required period, generally 30 days from the later of the notice or the modification, unless Amberjack allows the Consumer to retain an unmodified conforming version at no additional cost.

21. Third-Party Services and Integrations

The Service may rely on or integrate with third-party products and services, including AI providers, analytics providers, hosting providers, payment processors, email providers, APIs, registrars, fonts, stock-content providers, and external applications.

Third-party services may be governed by separate terms, licenses, privacy notices, and usage limits.

Amberjack does not control and is not responsible for third-party:

A third party may suspend, change, restrict, or discontinue a service at any time. Amberjack is not required to replace a discontinued integration or maintain compatibility with a particular third-party service.

Your use of an integration authorizes Amberjack to exchange information with the relevant third party as reasonably necessary to provide that integration.

• Availability, performance, or security;
• Content, accuracy, or functionality;
• Pricing, taxes, or fee changes;
• Terms, policies, or data practices;
• Outages, errors, discontinuation, or loss of compatibility.

22. Privacy, Data Storage Locations, Processing, and International Transfers

Amberjack’s handling of personal data is described in its Privacy Policy, made available through the Amberjack website or Service. Where Amberjack processes personal data on your behalf and a data-processing agreement is legally required, the applicable DPA will form part of the agreement.

A publicly accessible webpage may still contain personal data. Retrieving, analyzing, storing, transmitting, logging, or using such content can therefore constitute personal-data processing.

22.1 Current core providers and locations

Amberjack currently uses or may use the following core providers:

Neon: database and authentication services. Persistent Account, authentication, project, configuration, domain-verification, source-URL, and related application data may be stored in AWS Europe (Frankfurt), region aws-eu-central-1.

Cloudflare: DNS-related verification, security, caching, edge processing, and delivery of static Generated Websites. Website visitor requests may be processed through Cloudflare’s globally distributed network.

OpenAI: AI/model services used for website analysis, generation, and permitted model-development activities. Source Website content, instructions, Outputs, and related technical metadata may be processed through OpenAI where needed for those purposes.

Paddle: Merchant of Record for paid transactions. Paddle independently handles payment, tax, billing, refund, and fraud-prevention information. Amberjack does not ordinarily receive full payment-card details.

Amberjack may replace or add providers where reasonably necessary. Additional operational providers may process limited information for functions such as email, monitoring, security, or support. Material privacy information will be described in the Privacy Policy or otherwise provided where required by law.

22.2 Roles and international processing

Amberjack may act as controller for Account administration, security, product operation, legal compliance, and Amberjack’s own model-development purposes, and may act as processor where it handles customer-directed data on your behalf. The role depends on the processing activity.

Data may be processed in Switzerland, the EEA, the United Kingdom, the United States, and other countries where Amberjack or its providers operate. Where required, Amberjack will use legally recognized transfer mechanisms and safeguards.

Unless a specific plan or signed agreement states otherwise, Amberjack does not promise that all data will remain in one country, that visitor traffic will be processed only in Switzerland or the EEA, or that a particular provider or region will remain available indefinitely.

Deletion from active systems may not immediately remove information from caches, backups, security logs, financial records, trained systems, or legal archives. Retention and deletion are governed by the Privacy Policy, applicable law, and ordinary technical deletion cycles.

23. Confidentiality

Each party may receive non-public information that a reasonable person would understand to be confidential (“Confidential Information”).

The receiving party will:

Confidential Information does not include information that the receiving party can demonstrate:

Content already available on a public Source Website or publicly published Generated Website is not confidential merely because it is processed through the Service.

You must not submit trade secrets or information requiring specialized or heightened safeguards unless the Service expressly supports that data and Amberjack has agreed in writing.

The public-showcase rights in Section 43 apply only to publicly available material and do not authorize disclosure of non-public Confidential Information.

• Use Confidential Information only for performing or receiving the Service and exercising rights under the agreement;
• Apply reasonable care to protect it;
• Disclose it only to personnel, contractors, advisers, and providers who need it and are subject to appropriate duties;
• Disclose it where required by law, court order, or regulator, where legally permitted after reasonable notice to the other party.

• Is or becomes public without breach;
• Was already lawfully known without restriction;
• Is received lawfully from a third party without confidentiality duty;
• Is independently developed without use of the other party’s Confidential Information.

24. Security

Amberjack may implement commercially reasonable administrative, organizational, and technical security measures appropriate to the Service.

No website, AI system, cloud service, network, software, or electronic-storage method can be guaranteed completely secure.

Amberjack does not guarantee protection against:

You are responsible for protecting credentials, restricting administrative access, securing devices and external systems, reviewing website behavior, and maintaining independent backups.

You must promptly report suspected vulnerabilities to info@amberjack.ai and must not publicly disclose, exploit, or use a vulnerability to access data or systems without authorization.

• Unauthorized access or credential theft;
• Cyberattacks, malware, or denial-of-service attacks;
• Data breaches, corruption, or loss;
• Software vulnerabilities;
• Infrastructure or provider failures;
• User error or compromised external accounts.

25. Backups, Export, Record Retention, Source Code, Switching, and Business-Critical Use

The Service is not intended to be your sole:

You must maintain independent copies of website text, images, files, customer records, submissions, domain credentials, configurations, business records, and other information important to you.

For clarity, Amberjack does not back up or archive the old Source Website that existed before Amberjack generated or published a replacement. You are responsible for obtaining and verifying any backup or archive before replacing, disconnecting, modifying, or decommissioning the old website.

You are also solely responsible for reviewing and cancelling any old hosting, website-builder, CMS, agency, maintenance, plugin, domain, email, or other third-party plan that you no longer want. Creating or publishing a Generated Website through Amberjack does not cancel those services or stop their billing.

Amberjack does not guarantee a backup frequency, retention period, recovery point, recovery time, restoration service, source-code escrow, data-recovery capability, or continued access to prior versions.

Export functionality is available only if and to the extent expressly supported by the Service or your plan at the relevant time or required by mandatory law. Amberjack does not guarantee that a complete Generated Website, database, form system, integration, animation, configuration, or platform-specific feature can be exported, transferred, rehosted, or used independently.

An export, data-access request, termination request, or switching request does not include a right to Amberjack Technology, proprietary source code, repositories, build files, models, prompts, internal data, trade secrets, hosting configurations, security information, or third-party protected materials, except where mandatory law or an applicable third-party licence expressly requires otherwise.

Where applicable law gives you a non-waivable right to receive personal data, user-created content, exportable data, or digital assets, Amberjack will provide the information and assistance required by that law, subject to lawful exclusions. Compliance does not create a general source-code, functional-equivalence, or custom-migration obligation.

• Backup or archive;
• Business-continuity or disaster-recovery system;
• Customer relationship management system;
• Legal or regulatory record-retention system;
• Security or compliance-management system;
• Accounting or financial-record system;
• Emergency or mission-critical communications service.

25.1 EU Data Act switching rights where applicable

This subsection applies only if and to the extent the EU Data Act or another mandatory switching regime applies to Amberjack and the relevant Service.

Where applicable, you may initiate a switch to another provider, port legally exportable data and digital assets to your own ICT infrastructure where the law provides that option, or request erasure. The maximum contractual notice period for starting that switching process will not exceed two months. After that notice period, the standard transition period will not exceed 30 calendar days unless a longer period is permitted by law because the switch is technically infeasible or you validly extend the transition period. The Service contract remains in effect during the applicable notice and transition periods.

The affected contract will be treated as terminated, and Amberjack will notify you, when required by the applicable switching law, including after successful completion of a switch or, where you request erasure instead of switching, at the legally applicable termination point. After the transition period, Amberjack will provide at least 30 calendar days to retrieve qualifying exportable data and digital assets where required. After that retrieval period, or a later date validly agreed with you, Amberjack will erase qualifying exportable data and digital assets once the switching process has successfully completed, except to the extent another law requires retention or data remains only in isolated backup copies that are no longer used for ordinary processing and are deleted through normal backup cycles.

For the current Service, subject to the data actually retained by Amberjack, the categories Amberjack identifies as portable for this purpose are: User Content retained in exportable form; Source URLs and Verified Source Domain association data; customer-entered project settings and configuration values; customer-uploaded files retained in an exportable format; Account and subscription metadata directly relating to the affected Service; and Generated Outputs only to the extent they are retained in a portable form and mandatory law requires portability.

Excluded from portability to the extent permitted by law are Amberjack Technology, source code, repositories, hosting architecture, internal APIs, AI models and weights, prompts, workflows, templates, reusable components, internal logs and analytics, security controls, credentials and keys, trade secrets, third-party protected materials, and aggregated or de-identified data that is not directly portable customer data.

Amberjack will use structured, commonly used, machine-readable formats where required. Switching charges, if any, will not exceed what applicable law permits. Any lawful charge or amount connected to early termination of a fixed subscription term is separate from a switching charge and applies only if properly disclosed and permitted by law. Nothing in this section creates a general two-month cancellation right for a fixed-term subscription beyond the switching rights that mandatory law actually provides. Current technical switching information will be made available through the Service or on request at info@amberjack.ai. Nothing in this section requires custom migration, functional replication, disclosure of protected technology, or compromise of security beyond what mandatory law expressly requires.

You must not rely on the Service where interruption, delay, error, or data loss could reasonably be expected to cause death, personal injury, substantial property damage, or serious public harm.

26. SEO, Marketing, and No Guarantee of Business Results

Amberjack may implement general technical or content-related SEO practices, but does not guarantee:

Search engines and advertising platforms independently control crawling, indexing, ranking, penalties, algorithms, approval, and result presentation.

A redesign, content change, domain change, hosting change, technical migration, or publication may temporarily or permanently affect traffic, analytics, links, and rankings.

You are responsible for redirect planning, analytics and search-console configuration, sitemap submission, metadata review, marketing claims, and specialist advice where needed.

Testimonials, examples, demonstrations, estimates, case studies, projections, and marketing materials are illustrative only and do not constitute a promise or guarantee.

• Search-engine crawling or indexing;
• Search rankings or keyword placement;
• Organic traffic or search visibility;
• Rich results, backlinks, or domain authority;
• Advertising-platform approval;
• Leads, enquiries, customers, or conversions;
• Sales, revenue, profit, or business growth;
• Brand recognition, reputation, or investor interest.

27. Prohibited Uses

You must not use the Service to:

1. Copy, train on, reproduce, or republish a website or content without sufficient rights or another lawful basis;
2. Bypass access controls, paywalls, authentication, CAPTCHAs, rate limits, effective robots directives, rights reservations, or other restrictions;
3. Infringe intellectual-property, privacy, publicity, personality, database, contractual, or other rights;
4. Impersonate a person, company, brand, financial institution, professional, or authority, or create phishing pages, credential-harvesting pages, fake storefronts, fraudulent offers, or lookalike-domain scams;
5. Collect unapproved credentials or sensitive identifiers, distribute malware, conduct fraud, money laundering, identity theft, sanctions evasion, or other unlawful activity;
6. Publish unlawful, defamatory, threatening, hateful, discriminatory, deceptive, non-consensual intimate, unlawful digital-replica, deepfake, election-interference, violent-extremist, or child-exploitation content;
7. Send spam, make prohibited high-impact decisions, or conduct unlawful biometric, emotion-recognition, surveillance, or automated-decision activity;
8. Interfere with, overload, damage, probe, or test the Service without authorization;
9. Reverse engineer Amberjack Technology, discover prompts or models, circumvent security or publication controls, or use the Service or Outputs to train, benchmark, or build a competing service;
10. Resell, sublicense, white-label, or separately commercialize the Service without authorization; remove required proprietary, AI, transparency, or licence notices; violate law, sanctions, court orders, provider policies, or third-party terms; or assist another person in doing any prohibited act.

27.1 Anti-phishing and abuse controls

Amberjack may use domain verification, allowlists or denylists, keyword and brand checks, credential-field detection, risk scoring, rate limits, automated tools, and manual review. Amberjack may block or require enhanced verification for financial, payment, identity, authentication, government, marketplace, child-directed, election-related, or other high-risk sources. Internal rules, thresholds, and blocklists need not be disclosed, and attempting to test or evade them is prohibited.

28. Restricted Industries and High-Risk Activities

Unless Amberjack gives prior written approval, the Service may not be used primarily for websites involving:

Weapons, explosives, tobacco, nicotine, cannabis, controlled substances, or illegal drugs;

Gambling, pornography, escort or sexual services, or online dating;

Cryptocurrency offerings, high-risk investments, forex, payday lending, debt collection, credit repair, or unlicensed financial services;

Counterfeit, stolen, sanctioned, or illegal goods; unlicensed health products or regulated medical claims;

Illegal surveillance, spyware, harmful biometric monitoring, child-directed services restricted by Section 4, high-impact decision services, or inadequately safeguarded political or election services;

Other regulated or high-risk activities designated by Amberjack.

Amberjack may update restricted categories to comply with law, card-network, payment-provider, infrastructure-provider, or risk-control requirements. Permission to use the Service is not a representation that an activity is lawful, licensed, compliant, or accepted by a third party.

29. Export Controls, Sanctions, and Trade Compliance

You may not access or use the Service in violation of applicable export-control laws, import restrictions, trade sanctions, embargoes, anti-boycott laws, restricted-party rules, or international trade regulations.

You represent that you are not located in, ordinarily resident in, organized under the laws of, or controlled by a jurisdiction where use of the Service is prohibited, and that you are not prohibited from receiving the Service under applicable sanctions or restricted-party rules.

You are responsible for legal requirements applicable to your location, business, customers, content, and activities.

30. Plans, Pricing, Taxes, Checkout, and Plan Changes

Amberjack may offer monthly, annual, and two-year subscription plans. Available prices, included features, usage limits, and material restrictions are displayed at checkout or in the Service.

Before a Consumer places an order, Amberjack or Paddle will disclose the total price payable, billing frequency, renewal terms, mandatory taxes or charges that can reasonably be calculated, cancellation method, withdrawal information, and other pre-contract information required by applicable law. Optional paid add-ons will not be added through a preselected choice where prohibited.

An electronic order button or equivalent control will clearly indicate that placing the order creates an obligation to pay where required by EU/EEA or other applicable law.

Prices may exclude taxes only where this is lawful and clearly disclosed. You are responsible for applicable taxes, duties, levies, and governmental charges, except taxes imposed on Amberjack’s net income. Paddle may calculate, collect, remit, or refund transaction taxes.

For Consumers, the total price displayed before the order is placed includes value-added tax and every other mandatory charge that can reasonably be calculated in advance, as required by applicable law, including, where applicable, the Swiss Ordinance on the Indication of Prices and EU/EEA consumer law. Charges that cannot reasonably be calculated in advance will be identified as such before the order is placed.

Amberjack may introduce, change, or discontinue plans, optional add-ons, usage charges, limits, or billing structures.

For an existing paid subscription, Amberjack will provide at least three months’ advance notice before a material increase to the recurring base price takes effect, except where a shorter period is reasonably necessary because of:

This contractual three-month commitment does not replace a longer notice or express-consent requirement imposed by applicable law. Amberjack may send additional notices within a legally required notice window.

You may cancel before a new recurring price takes effect. Continued renewal or use after the effective date constitutes acceptance only to the extent permitted by law. Express consent will be obtained where mandatory law requires it.

A material reduction or adverse modification to an ongoing paid Consumer digital service will be handled under Sections 20, 34, 49, and mandatory law.

• A change in tax, law, regulation, card-network rule, or payment-provider requirement;
• A currency or tax treatment change outside Amberjack’s reasonable control;
• A user-requested plan change;
• The expiration of a clearly disclosed trial or promotional price;
• An optional add-on, excess-usage charge, or newly purchased service;
• A legal, security, or operational need to discontinue the existing plan.

31. Paddle, Payments, and Merchant of Record

All paid Amberjack transactions are processed through Paddle, which acts as Merchant of Record and authorized reseller. The specific Paddle entity contracting with you is identified at checkout or in the transaction confirmation. Paddle handles payment collection, invoicing, applicable transaction taxes, billing communications, refunds, and payment support, while Amberjack supplies the hosted Service under these Terms.

Your payment transaction is also subject to Paddle’s buyer terms and refund or withdrawal rules. Where Paddle’s terms govern the payment or resale relationship, those terms control that relationship. Amberjack will reasonably cooperate with Paddle regarding refunds, cancellations, statutory withdrawal, and payment disputes affecting the Service.

You authorize the disclosed recurring charges and taxes to be charged to your selected payment method. Amberjack does not ordinarily receive full payment-card details.

32. Subscriptions, Automatic Renewal, and Cancellation

Amberjack may offer monthly, annual, and two-year subscriptions. Unless cancelled, a monthly subscription renews monthly, an annual subscription renews annually, and a two-year subscription renews for successive two-year periods, subject to the terms and price disclosed at checkout and mandatory law.

Before enrollment, the recurring price, billing frequency, renewal term, material limitations, and cancellation method will be disclosed, and any consent required by law will be obtained. Paddle will provide the applicable transaction confirmation and buyer information.

You may cancel through the Paddle buyer portal or another cancellation method Paddle or Amberjack makes available. Unless mandatory law or a specific offer states otherwise, cancellation takes effect at the end of the current paid term; access continues until then; later renewals stop; and unused time in the current term is not automatically refunded. Deleting a website, disconnecting a domain, or simply ceasing use does not cancel the subscription.

Amberjack and Paddle will comply with any mandatory renewal reminders, price-change notices, consent requirements, or cancellation mechanisms applicable to the transaction. Ordinary cancellation and statutory Consumer withdrawal are different processes; Section 34 explains the distinction.

33. Trials, Promotions, and Credits

A trial, preview, promotional price, discount, or credit may be subject to additional terms displayed when offered.

Before a free or discounted period converts to a paid subscription, the checkout will disclose the post-promotion price, billing frequency, conversion date or method, and cancellation procedure.

Where required by law, Amberjack or Paddle will send an advance reminder before a long trial, promotional period, or free-to-paid conversion ends.

Unless stated otherwise:

A trial that automatically converts must be cancelled before the disclosed conversion time to avoid the first charge, subject to mandatory law.

• Trials and credits are non-transferable;
• Credits have no cash value;
• Credits may expire;
• Amberjack may limit one trial or promotion per person, entity, domain, payment method, or Account;
• Abuse may result in cancellation of the trial or credit;
• A trial may have reduced features, limits, retention, or support.

34. Refunds, Consumer Withdrawal, and Digital-Service Remedies

Except where required by law, stated in a specific offer, provided under Paddle’s applicable buyer terms or refund policy, or provided under the planned-shutdown provisions, purchases are non-refundable. A refund is not due solely because of subjective dissatisfaction, changed preferences, SEO or business results, unused time, failure to cancel before renewal, third-party service issues, or suspension resulting from your breach.

34.1 Cancellation and statutory withdrawal are different

Subscription cancellation under Section 32 normally stops a future renewal but does not unwind the original purchase or automatically refund the current paid term. Statutory withdrawal is a separate B2C cooling-off right that applies only where mandatory Consumer law provides it.

34.2 EU/EEA Consumers: 14-day withdrawal

This subsection and Annex A apply only to eligible EU/EEA Consumers. They do not apply to Business Users or B2B purchases. Subject to statutory exceptions, an eligible Consumer generally has 14 calendar days from conclusion of a covered distance contract to withdraw without giving a reason.

Because Amberjack normally begins providing the hosted Service promptly, any legally required request to begin performance during the withdrawal period, and any legally required acknowledgment regarding loss of the withdrawal right after full performance, must be obtained separately through checkout or another affirmative process. Mere use of Amberjack does not by itself waive a withdrawal right where mandatory law says otherwise.

To withdraw, the Consumer may use the process identified by Paddle in the checkout or transaction confirmation, any legally required online withdrawal function made available for the transaction, or any other method recognized by mandatory law. The optional model form in Annex A may also be used. Amberjack will reasonably cooperate with Paddle in applying the withdrawal to the hosted Service.

A valid withdrawal may result in termination of the affected subscription, loss of access, and unpublishing of the affected Generated Website. Refunds and any lawful proportionate charge for Service already supplied are handled as required by mandatory law and, for paid transactions, through Paddle.

34.3 Digital-service remedies

Consumers may have mandatory rights where a digital service is not supplied or does not conform to the contract, including rights to supply or correction, price reduction, termination, refund, or required updates. Those rights do not create a contractual entitlement to bespoke design, unlimited revisions, Amberjack source code, or custom migration beyond what mandatory law requires.

Swiss law does not provide a general 14-day cooling-off right merely because a SaaS contract was concluded online. Consumers in the United Kingdom, United States, or other jurisdictions retain any non-waivable rights applicable to them.

35. Failed Payments, Chargebacks, and Tax Adjustments

If payment is declined, reversed, overdue, disputed, or otherwise unsuccessful, Amberjack or Paddle may retry payment, restrict paid features, suspend access, or cancel the subscription.

You remain responsible for properly incurred fees before cancellation or suspension.

Before initiating a chargeback or payment dispute, you should contact Amberjack or Paddle and provide a reasonable opportunity to investigate. A fraudulent, abusive, or knowingly false chargeback may result in suspension or termination.

Amberjack or Paddle may provide relevant purchase, delivery, usage, consent, Account, and communication records to payment providers or financial institutions when responding to a dispute.

This section does not restrict a lawful right to dispute an unauthorized, duplicated, or incorrectly processed payment.

Tax refunds, exemptions, and corrections are subject to applicable law and the Merchant of Record’s procedures and deadlines.

36. Account Inactivity

Amberjack may classify Accounts, previews, unpublished projects, form data, or stored resources as inactive after a period without meaningful activity.

Subject to applicable law and any express paid-plan commitment, Amberjack may suspend, archive, anonymize, delete, or remove inactive:

Where reasonably practicable and legally required, Amberjack may provide notice before deleting material from an inactive paid Account.

Amberjack is not obligated to retain free, canceled, expired, or inactive content indefinitely. You remain responsible for independent copies.

Amberjack will not take a currently paid, publicly published Generated Website offline solely because the Account holder has not logged in or made edits during the current paid subscription period. This does not limit suspension or removal for non-payment, breach, security, illegality, provider requirements, or a platform wind-down.

• Accounts;
• Free previews and trial projects;
• Draft or unpublished websites;
• Generated assets and files;
• Form submissions;
• Backups and logs;
• Other unused resources.

37. Suspension, Content Moderation, and Termination by Amberjack

Amberjack may investigate, restrict, suspend, disable, remove, or terminate an Account, project, Generated Website, interactive feature, integration, domain connection, content item, or access to the Service where we reasonably believe:

Amberjack may use automated and manual tools in moderation and enforcement, including domain checks, content classifiers, risk scores, blocklists, keyword rules, complaint analysis, and human review. Automated tools may make mistakes, and Amberjack may review or reverse a decision where appropriate.

Amberjack may act without prior notice in urgent, fraudulent, illegal, abusive, payment-related, child-safety, rights-infringement, or security-related circumstances. Otherwise, Amberjack will provide notice or a reasonable opportunity to cure where required by law or commercially appropriate.

Where the EU Digital Services Act applies, Amberjack will apply restrictions in a diligent, objective, proportionate, and non-arbitrary manner, with due regard to the rights and legitimate interests of affected persons, including freedom of expression and media pluralism. Section 42 describes applicable notice, reasons, and redress procedures.

Where applicable law requires notice, a statement of reasons, an appeal opportunity, or reimbursement, Amberjack will provide it to the required extent.

Suspension does not extend a billing period or create a refund right where it results from your breach, except where mandatory law requires otherwise.

1. These Terms, applicable law, or a binding provider policy have been violated;
2. Payment is overdue, reversed, fraudulent, or disputed;
3. User Content infringes or may infringe third-party rights;
4. The Service is being used unlawfully, deceptively, discriminatorily, or abusively;
5. A restricted, child-directed, high-impact, political, biometric, or other high-risk activity is involved;
6. The Account presents a security, phishing, fraud, privacy, or infrastructure risk;
7. Continued access may harm Amberjack, a user, a third party, or the public;
8. A court, authority, payment provider, hosting provider, AI provider, registrar, or other authorized party requires action;
9. Continued service creates material legal, regulatory, operational, payment, or reputational risk.

38. User Cancellation and Effects of Termination

You may stop using the Service at any time and may cancel a recurring subscription through the available cancellation method.

When a subscription, Account, Generated Website, or Service ends:

You remain the owner of User Content you lawfully own, but termination does not grant you a right to continue using Amberjack Technology or to receive a standalone or independently operable copy of the Generated Website.

Unless a supported feature or mandatory law provides otherwise, you must copy or export any supported data you want to keep before your paid access ends. Amberjack does not promise a general post-termination retrieval period. Section 25.1 applies where mandatory EU Data Act switching rights apply.

Termination does not affect rights, obligations, remedies, or liabilities accrued before termination. Provisions that by their nature should survive—including ownership, intellectual property, payment, confidentiality, disclaimers, liability limits, indemnity, disputes, and general terms—will survive.

• Your limited licence to Amberjack Technology and the proprietary elements of the Generated Website ends immediately or at the end of the authorized paid period, as applicable;
• Your right to use paid or hosted features ends;
• Generated Websites may be disabled or taken offline;
• Any forms, interactive features, integrations, and notifications may stop functioning;
• Domain connections may stop resolving to Amberjack hosting;
• User Content and any Amberjack-held submission or interactive-feature data may become inaccessible;
• Unpaid fees remain due;
• Amberjack may delete data under its retention practices;
• Amberjack is not required to provide source code, repositories, build materials, proprietary technical information, migration, recovery, restoration, rebuilding, or replacement hosting.

39. Service Availability, Support, and No Service-Level Agreement

The Service is provided on an “as is” and “as available” basis, subject to the mandatory-rights provisions below.

Amberjack does not guarantee:

The Service may be delayed, degraded, restricted, or unavailable because of maintenance, deployments, updates, testing, capacity constraints, provider failures, network failures, security incidents, malicious activity, legal requirements, or events outside Amberjack’s control.

Maintenance may be planned or unplanned and may occur without notice.

Amberjack may provide documentation, automated assistance, email support, chat support, or other support channels. Unless expressly stated in a plan or signed agreement:

No service-level agreement, uptime commitment, service credit, support commitment, business-continuity guarantee, or disaster-recovery commitment applies unless contained in a separate agreement expressly titled as an SLA and signed by an authorized Amberjack representative.

• Continuous, uninterrupted, or error-free availability;
• Any uptime percentage;
• Any minimum performance, processing, or page-load speed;
• Any support response or resolution time;
• Any maintenance schedule or advance maintenance notice;
• Any backup frequency, recovery point, or recovery time;
• Any incident-resolution period;
• Any data-restoration capability;
• Any service credit or financial remedy for downtime.

• Support is discretionary;
• Support hours are not guaranteed;
• Telephone, emergency, and 24-hour support are not included;
• A response does not guarantee resolution;
• Amberjack is not required to recover deleted data or reverse user actions.

40. No Guarantee of Future Availability

Amberjack may introduce, modify, replace, suspend, restrict, or remove any feature, plan, integration, template, AI capability, model, provider, hosting arrangement, interface, API, workflow, export option, support channel, pricing structure, or functionality.

Nothing in these Terms, product documentation, marketing materials, demonstrations, roadmaps, sales discussions, or support messages guarantees the future availability of a feature or service.

You must not make business-critical decisions in reliance on an unreleased feature, roadmap item, beta feature, anticipated integration, or continued availability of a particular technology.

Material adverse changes affecting Consumers will be handled in accordance with mandatory notice, conformity, refund, and termination rights.

41. Discontinuation of the Service and Platform Wind-Down

41.1 Planned voluntary discontinuation

Amberjack does not promise perpetual operation. If Amberjack voluntarily decides to permanently discontinue all or a substantial part of the Service and the emergency exceptions below do not apply, Amberjack will provide affected users at least 180 days’ advance notice by email, in-Service notice, website notice, or another legally permitted durable method.

The notice will identify the expected termination date, affected Services, final billing and renewal arrangements, the date hosting will end, any retrieval deadline, domain or DNS actions, available export functionality, applicable refund or credit arrangements, and a contact channel. Amberjack will use commercially reasonable efforts to continue the affected Service during the notice period, but the notice does not create an SLA, uptime, support, backup, or feature-availability guarantee.

41.2 Billing and prepaid periods

Amberjack will use reasonable measures to prevent renewals extending beyond the announced termination date and will not knowingly charge for a period beginning after that date. Amberjack or Paddle may disable renewal, cancel at a billing boundary or earlier, adjust future billing with required notice or consent, and issue refunds or credits.

For a planned shutdown, prepaid fees covering a period after the termination date will be refunded proportionately or handled through another lawful agreed remedy. No refund is due for Services already supplied, free or promotional benefits, non-cash allowances, an Account terminated for breach, amounts already remedied, or amounts governed by insolvency, bankruptcy, sanctions, or creditor-priority law. Mandatory remedies remain unaffected.

41.3 Domains, export, migration, and deletion

You continue to own and control your domain and must connect it to a replacement provider before termination if you wish to keep a website online. You remain responsible for registrar, DNS, email, analytics, advertising, and other external accounts.

Amberjack will provide only export, switching, or retrieval functionality expressly supported at the relevant time or required by mandatory law. An export may exclude Amberjack Technology, source code, repositories, build and server-side systems, databases and schemas, forms and integrations, models, prompts, workflows, templates, internal logs, trade secrets, security information, and third-party protected materials. No contractual right to custom migration, rebuilding, replacement hosting, source-code delivery, technical conversion, or functional equivalence is granted.

Forms, submissions, leads, uploaded files, integrations, and notifications may stop by the termination date and may be permanently lost. You must copy supported content and business records before the stated deadline. On or after that deadline, Amberjack may disable Accounts and websites and delete active User Content, Generated Websites, form data, configurations, credentials, and other Account data, subject to mandatory retrieval rights, legal retention, and ordinary backup cycles.

41.4 Emergency or unavoidable discontinuation

The 180-day period does not apply where completing it is prevented, prohibited, or reasonably impracticable because of insolvency, loss of necessary funding or infrastructure, a court or government requirement, a serious security incident or cyberattack, critical-provider failure, force majeure, circumstances outside Amberjack’s reasonable control, or circumstances making continued operation unlawful, unsafe, technically impossible, or likely to cause material harm. Amberjack will provide as much notice as reasonably practicable and legally permitted, but continued hosting, export, recovery, refunds, or migration assistance may not be possible.

41.5 No continuing-operation obligation and mandatory rights

After termination, Amberjack has no obligation to keep operating, host websites, process submissions, maintain staff, providers, infrastructure, or financing, operate at a loss, locate a purchaser, transfer the platform, provide replacement hosting or migration, or preserve User Content indefinitely. Nothing in this Section excludes a non-waivable notice, refund, privacy, consumer, insolvency, or other mandatory right or liability.

42. Intellectual-Property and Illegal-Content Complaints

Copyright, trademark, other intellectual-property, and illegal-content complaints may be sent to info@amberjack.ai. A complaint should identify the material and URL at issue, explain the legal or rights basis, provide sufficient contact details and supporting information, and be submitted in good faith.

Amberjack may investigate, preserve evidence, restrict access, disable or remove material, notify the affected user, restore material where appropriate, or suspend or terminate an Account where reasonably necessary or legally required.

Where the EU Digital Services Act applies to Amberjack, Amberjack will provide the notice-and-action, contact-point, statement-of-reasons, redress, legal-representative, and other procedures required for Amberjack’s actual classification and any applicable exemption. Amberjack does not assume a general monitoring obligation except where law expressly requires otherwise.

Amberjack has not represented that it currently relies on the U.S. DMCA section 512 safe-harbor process. If Amberjack later relies on that regime, it will register and maintain the required designated agent and implement the procedures required by law before representing that the safe harbor is available.

43. Public Showcase and Portfolio Rights

Amberjack will not treat the mere use of the Service or public availability of a Generated Website as permission to feature the customer in Amberjack marketing. Amberjack may use a customer’s business name, logo, website URL, screenshots, or Generated Website in a portfolio, case study, product demonstration, social-media post, sales presentation, or other marketing material only where the customer has expressly opted in through an Account setting, checkbox, written authorization, or another clear affirmative mechanism.

Any authorization is limited to the scope communicated when permission is obtained. Unless separately authorized, Amberjack will not use the customer’s name, brand, or Generated Website in a manner that falsely implies sponsorship, endorsement, partnership, or approval, and will not extract third-party photographs, logos, testimonials, or licensed assets from the website for separate advertising use merely because they appear on a publicly accessible page.

Amberjack will not knowingly disclose non-public Confidential Information for portfolio or marketing purposes.

You may withdraw permission for future use by contacting info@amberjack.ai or using an available Account control. Withdrawal will not necessarily require recall of materials already lawfully printed, distributed, published, archived, or incorporated into a completed campaign before the withdrawal became effective, but Amberjack will use reasonable efforts to discontinue future new use.

44. Feedback and Service Data

If you provide suggestions, ideas, recommendations, feature requests, or other feedback, you grant Amberjack a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable right to use and incorporate that feedback without restriction or compensation.

For Consumers, this section applies only to feedback that is provided voluntarily and only to the extent permitted by mandatory law. It does not transfer ownership of a Consumer’s pre-existing intellectual property and does not apply to User Content, which is governed by Sections 8 and 12.1.

Amberjack may generate and use operational, statistical, analytical, performance, and usage information relating to the Service. Amberjack may use aggregated or de-identified information for analytics, security, benchmarking, product development, and business purposes, provided it is handled in accordance with applicable law and the Privacy Policy.

45. Disclaimer of Warranties

For Business Users, and to the maximum extent permitted by applicable law, the Service, previews, Generated Websites, Outputs, hosting, interactive features, documentation, and support are provided “as is,” “as available,” and “with all faults.” For Consumers, this disclaimer does not apply to mandatory statutory rights concerning quality, conformity, supply, reasonable care and skill, updates, and remedies. Those rights apply in full and are described in Sections 11, 34.3, and 46.5.

For Business Users, Amberjack and its affiliates, officers, directors, employees, contractors, licensors, and providers disclaim all express, implied, statutory, and other warranties, representations, conditions, and guarantees, including warranties or conditions of:

Amberjack does not warrant that:

No advice or information obtained from Amberjack creates a warranty unless expressly included in a separate signed agreement.

For Consumers, statutory rights concerning quality, conformity, supply, reasonable care and skill, and available remedies remain unaffected. Any disclaimer applies only to the extent permitted by law.

• Merchantability;
• Satisfactory quality;
• Fitness for a particular purpose;
• Title and non-infringement;
• Accuracy, completeness, and reliability;
• Availability, security, and compatibility;
• Accessibility and legal compliance;
• Uninterrupted or error-free operation;
• Business, SEO, marketing, or commercial performance.

1. The Service will meet your requirements;
2. A Generated Website will be suitable for your business;
3. The Service will be uninterrupted, timely, secure, or error-free;
4. Defects will be corrected;
5. Data will not be lost;
6. Outputs will be accurate, complete, unique, or non-infringing;
7. A Generated Website will comply with law or industry standards;
8. A particular feature, model, provider, or integration will remain available;
9. Any business, marketing, SEO, sales, or revenue result will occur.

46. Limitation of Liability

46.1 Excluded categories of loss

For Business Users and, only to the extent fair, transparent, and permitted by applicable law, Consumers, Amberjack and its affiliates, officers, directors, employees, contractors, licensors, suppliers, payment providers, and infrastructure providers will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or aggravated damages.

This includes loss of:

• Revenue, profit, sales, or anticipated savings;
• Customers, leads, enquiries, or conversions;
• Business opportunity, goodwill, or reputation;
• Website traffic, search ranking, or advertising performance;
• Data, content, form submissions, files, or records;
• Domain access, email availability, or business continuity;
• Use, time, or productivity.

46.2 Specific excluded events

For Business Users and, only to the extent fair, transparent, and permitted by applicable law, Consumers, Amberjack is not liable for loss, damage, cost, or claims arising from or relating to:

1. AI errors, inaccurate Outputs, or your failure to review an Output;
2. User Content or Source Website content;
3. Copyright, trademark, privacy, publicity, or other claims concerning your content or business;
4. Website downtime, Service interruption, maintenance, or lack of an SLA;
5. Loss, corruption, deletion, or inaccessibility of data;
6. Forms, form delivery, spam filtering, lost leads, or lost submissions;
7. Domain registration, ownership, renewal, expiration, transfer, DNS, email, or certificate issues;
8. Third-party products, providers, integrations, APIs, or policy changes;
9. Search-engine indexing, ranking changes, penalties, traffic, or advertising approval;
10. Business, marketing, sales, revenue, or customer outcomes;
11. Security incidents, cyberattacks, or unauthorized access not caused by liability that cannot lawfully be excluded;
12. Your failure to maintain backups, comply with law, or secure external accounts;
13. Suspension, removal, or termination carried out consistently with these Terms;
14. Changes to or discontinuation of the Service;
15. Wind-down, migration, export limitations, or data deletion under Section 41;
16. Events outside Amberjack’s reasonable control.

46.3 Aggregate liability cap

For Business Users, to the maximum extent permitted by law, Amberjack’s total aggregate liability arising out of or relating to the Service or these Terms, whether in contract, tort, negligence, strict liability, statute, misrepresentation, restitution, or otherwise, will not exceed the total fees actually paid by the Business User for the affected Service during the twelve (12) months immediately preceding the event giving rise to the claim. For a free preview, free Account, trial, or Service used by a Business User for which no fees were paid, Amberjack’s aggregate liability will be zero or the minimum amount that applicable law requires Amberjack to accept.

For Consumers, any monetary cap applies only to the extent it is fair, transparent, and permitted by mandatory law and does not reduce a statutory right to repair, replacement, conformity, price reduction, reimbursement, termination, damages, or another non-waivable remedy.

Any applicable cap applies collectively to all claims and is not increased by multiple incidents, legal theories, Accounts, projects, or users.

46.4 Essential basis

You acknowledge that the disclaimers and liability limitations are an essential basis of the agreement and are reflected in the pricing and availability of the Service.

46.5 Non-excludable liability and Consumer rights

Nothing in these Terms excludes or limits liability to the extent exclusion or limitation is prohibited by law. Depending on applicable law, this may include liability for:

Consumers may have mandatory remedies that apply despite other provisions of these Terms.

Because these Terms are governed by Swiss law, Amberjack does not exclude or limit its liability for unlawful intent or gross negligence, and no provision of these Terms applies to the extent it would purport to do so (Article 100 of the Swiss Code of Obligations). Liability for the conduct of auxiliary persons is excluded only within the limits permitted by Article 101 of the Swiss Code of Obligations.

• Fraud or fraudulent misrepresentation;
• Willful or intentional misconduct;
• Gross negligence and unlawful intent;
• Death or personal injury caused by negligence where exclusion is prohibited;
• Breach of mandatory Consumer rights;
• Any other liability that cannot lawfully be excluded or limited.

47. Indemnification

To the maximum extent permitted by law, each Business User agrees to defend, indemnify, and hold harmless Amberjack and its affiliates, officers, directors, employees, contractors, licensors, and partners from claims, demands, investigations, liabilities, damages, judgments, settlements, penalties, losses, and reasonable legal and professional costs arising from or relating to:

Amberjack may assume control of the defense of a matter subject to indemnification, and you will provide reasonable cooperation. You may not settle a claim in a manner that admits fault by Amberjack, imposes obligations on Amberjack, or affects Amberjack’s rights without prior written consent.

For Consumers, this section applies only to the extent permitted by law and only for matters for which the Consumer may lawfully be held responsible.

1. User Content or a Source Website submitted by the Business User;
2. The Business User’s Generated Website, products, services, customers, or business;
3. Copyright, trademark, privacy, publicity, database-right, or other intellectual-property disputes;
4. Lack of authority over submitted or published content;
5. Breach of these Terms or applicable law;
6. Fraudulent, deceptive, illegal, or prohibited activity;
7. A dispute between the Business User and a customer or third party;
8. Failure to provide legally required notices, disclosures, consents, policies, refunds, or accessibility measures;
9. Breach of Source Website terms, crawler or API restrictions, automated-access rules, or rights reservations caused by the Business User’s submission, authorization, or instructions;
10. Misuse of the Service.

48. Force Majeure

Amberjack is not responsible for delay, failure, interruption, or loss caused by events beyond its reasonable control, including natural disasters, fire, flood, war, terrorism, civil unrest, epidemics, government action, court orders, sanctions, labor disputes, utility failures, internet or telecommunications failures, cyberattacks, cloud failures, provider failures, DNS failures, payment-network failures, or shortages of infrastructure or computing capacity.

Amberjack may suspend affected obligations for the duration of the event and may modify or discontinue affected functionality where continued performance is not reasonably practicable.

Mandatory rights remain unaffected.

49. Changes to These Terms

Amberjack may update these Terms for valid and proportionate reasons, including changes to:

The updated Terms will state the latest revision date.

Where required by law, Amberjack will provide reasonable advance notice of a material change by email, through the Service, or on another durable medium. The notice will describe the material change, effective date, and any applicable cancellation, termination, refund, or objection right.

Changes needed urgently for law, security, fraud prevention, abuse prevention, child safety, rights protection, or technical integrity may take effect sooner to the extent legally permitted.

Continued use after the effective date constitutes acceptance only where applicable law permits acceptance by continued use. Where express consent is required, Amberjack will request it. Failure to object does not constitute consent where law requires affirmative agreement.

Changes will not retroactively reduce rights relating to a completed transaction or deprive a Consumer of mandatory remedies. A change to the ongoing digital Service is also subject to Section 20 and applicable digital-service modification rules.

If you do not accept a material change, your remedy is to stop using and cancel the affected Service before the change becomes effective, except where mandatory law provides another remedy or permits Amberjack to apply the change regardless.

• The Service, technology, features, or providers;
• Plans, pricing, or business practices;
• Security, fraud-prevention, content-moderation, or abuse controls;
• Legal, regulatory, tax, privacy, AI, or payment requirements;
• Third-party terms, licences, or infrastructure;
• Clarification, correction, or improvement of the Terms.

50. Governing Law and Disputes

These Terms and any non-contractual obligations arising from them are governed by the substantive laws of Switzerland, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

For Business Users, the courts at the registered seat of yulci GmbH in Switzerland have exclusive jurisdiction over disputes arising from or relating to these Terms or the Service, except where mandatory law requires another forum.

For Consumers, the choice of Swiss law does not deprive you of the protection afforded by the mandatory provisions of the law of the country in which you are habitually resident. Where those provisions give you greater protection, they apply instead of the corresponding provisions of these Terms.

Where mandatory Consumer-jurisdiction rules apply, a Consumer may bring proceedings in any court made available by those rules, and Amberjack may bring proceedings against the Consumer only in a court permitted by those rules. In all other cases, jurisdiction will be determined by applicable law, and the Business User forum clause above will not apply to a Consumer to the extent prohibited. A Consumer domiciled in Switzerland may rely on any mandatory forum available at that domicile.

Before commencing formal proceedings, the parties will use reasonable efforts to resolve a dispute informally. A notice should describe the dispute, relevant Account and transaction details, supporting information, and the requested resolution, and should be sent to info@amberjack.ai.

Nothing prevents either party from seeking urgent interim relief, preserving a claim before a limitation period expires, reporting a matter to an authority, or exercising a mandatory Consumer right.

Alternative dispute resolution. Amberjack is not obliged and does not commit to participate in proceedings before a consumer arbitration board or other alternative-dispute-resolution entity unless mandatory law or a separate written agreement requires participation. This does not restrict a Consumer’s right to contact a court, consumer-protection authority, European Consumer Centre, or another competent body.

51. Notices, Transaction Confirmations, and Electronic Communications

Amberjack or Paddle may provide agreements, notices, disclosures, invoices, receipts, renewal notices, price-change notices, withdrawal information, and other communications electronically through email, the Service, the Amberjack website, or the payment provider.

After an online purchase, Amberjack or Paddle will provide a confirmation capable of being stored where required by law. Depending on the transaction, it may include:

The purchased Service and price;

Subscription and renewal terms;

Cancellation instructions;

The version or link to the Terms accepted;

EU/EEA withdrawal information and the model form;

The identity of the Contracting Trader and the applicable withdrawal contact;

The location of any legally required online withdrawal function;

Required immediate-performance requests and acknowledgments;

Merchant-of-Record and support details.

Where a withdrawal is submitted through a legally required online withdrawal function, the Contracting Trader will provide the required acknowledgment on a durable medium without undue delay, including the submitted content and the date and time of submission.

You are responsible for maintaining a current email address and reviewing communications associated with your Account.

Unless mandatory law provides otherwise, a notice is treated as received when it is sent to the latest email address associated with the Account, displayed prominently in the Service with an appropriate notification, or delivered through another legally valid method, unless the sender receives a delivery-failure notice.

Where mandatory law requires a durable medium, actual receipt, or a different effective time, the notice will take effect only in accordance with that rule. Receipt of Consumer notices will otherwise be determined under applicable law and the reasonable delivery rules above.

Legal notices to Amberjack must be sent to the contact details in Section 55 unless these Terms specify another address.

52. Assignment and Relationship

You may not assign, transfer, delegate, or sublicense your rights or obligations under these Terms without Amberjack’s prior written consent.

Amberjack may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, financing, corporate reorganization, sale of assets, change of control, or transfer of the Service.

For Consumers, an assignment by Amberjack will not reduce mandatory rights or guarantees.

The parties are independent contractors. Neither party may bind the other except as expressly authorized.

53. General Terms

Entire agreement and order of precedence

These Terms, the Privacy Policy, any applicable Data Processing Agreement, checkout terms, plan description, order form, and incorporated additional terms form the entire agreement concerning the Service.

A separate signed agreement controls over these Terms only to the extent it expressly states a conflict. Paddle’s terms control the separate payment or resale relationship between the buyer and Paddle where applicable.

Severability

If a provision is unlawful, invalid, or unenforceable, it will be interpreted or modified to the minimum extent necessary to make it enforceable while preserving its intended effect. If modification is not possible, the provision will be severed and the remaining provisions will continue in effect.

No waiver

A failure or delay in exercising a right does not waive it. A waiver is effective only if made in writing by an authorized representative and applies only to the stated circumstance.

No third-party beneficiaries

Except for persons expressly protected by the disclaimer, liability, indemnity, or assignment provisions, these Terms do not create enforceable rights for third parties.

Interpretation

Headings are for convenience. “Including” means “including without limitation.” Singular terms include the plural where appropriate. References to writing include legally valid electronic communications.

Language

The English version governs except where mandatory law requires a local-language version or gives another version priority. Amberjack may provide translations for convenience, and a legally required local version will apply to the extent required.

Electronic acceptance and records

Electronic acceptance, records, notices, and signatures may be used to the extent permitted by law. You should retain a copy of the Terms and transaction confirmation applicable to your purchase.

54. Consumer Rights and Regional Protections

Nothing in these Terms is intended to:

Where local law provides greater protection to a Consumer, that protection applies to the required extent. A term unenforceable against a Consumer may remain enforceable against a Business User or elsewhere to the extent permitted by law.

• Exclude mandatory Consumer rights;
• Limit a remedy that cannot legally be waived;
• Exclude liability where law prohibits exclusion;
• Prevent a Consumer from contacting a court, regulator, consumer-protection authority, or dispute-resolution body;
• Override mandatory local law.

United States

For U.S. online subscriptions, Amberjack and its Merchant of Record will apply the material-term disclosure, express informed consent, and simple recurring-charge cancellation requirements that apply under federal law. Applicable state laws may impose additional requirements concerning acknowledgments, consent records, renewal reminders, trials, price changes, cancellation media, automatic-renewal notices, and refunds. Section 32 describes the contractual framework.

Nothing in these Terms authorizes an unfair or deceptive act or practice. Product, AI, security, performance, accessibility, and business-result claims must be accurate, non-misleading, and adequately substantiated.

U.S. copyright complaints are handled under Section 42. Amberjack will only represent that a DMCA section 512 safe-harbor process is available after the required operational steps have been implemented.

European Union and European Economic Area where applicable

For EU/EEA Consumers, mandatory rights concerning trader identity, pre-contract information, the obligation-to-pay order process, withdrawal, conformity of digital content and digital services, updates, security, modifications, price reduction, termination, refunds, fair contract terms, accessibility, privacy, and jurisdiction remain unaffected.

Section 34 and Annex A distinguish statutory withdrawal from ordinary subscription cancellation and digital-service conformity remedies. National implementing law may provide equivalent, additional, or longer rights.

Where the EU AI Act applies, the AI transparency, marking, labeling, and deployer obligations required by law remain unaffected. Amberjack will disclose direct AI interaction from the first interaction where required, and Sections 9 and 15 allocate other AI-related responsibilities without excluding obligations that apply directly to Amberjack. Where applicable U.S. law requires training-data documentation, provenance, detection, content disclosures, risk management, or other AI safeguards, Section 9.1 and mandatory law apply.

Where the EU Data Act applies, Section 25.1 and mandatory rights concerning termination, switching, exportable data, digital assets, retrieval, erasure, formats, assistance, information registers, and switching charges apply. Those rights do not require disclosure of protected source code, models, prompts, trade secrets, internal-functioning data, or security-sensitive information except where the law expressly provides otherwise.

Where the Digital Services Act applies, Section 42 and mandatory requirements concerning terms transparency, points of contact, legal representation, notice and action, statements of reasons, complaint mechanisms, orders, transparency reporting, and redress apply to the extent relevant to Amberjack’s classification and any applicable exemption.

EU copyright, database, text-and-data-mining, and rights-reservation rules remain unaffected by the licences in these Terms. Section 8 authorizes model development only to the extent Amberjack has a lawful basis and the relevant rights.

Other regions

For Swiss Consumers, mandatory protections against unfair or abusive general terms and other applicable Swiss consumer protections remain unaffected. Unless Amberjack or Paddle expressly offers a withdrawal right or a specific statutory rule applies, Swiss law does not provide a general 14-day cooling-off right solely because a SaaS contract was concluded online.

For United Kingdom Consumers, mandatory rights concerning distance contracts, digital content and services, unfair terms, subscriptions, refunds, privacy, and jurisdiction remain unaffected.

For Canadian Consumers, applicable federal and provincial consumer-protection, privacy, subscription, and marketing rights remain unaffected.

These regional provisions are not an exhaustive description of every right in every U.S. state or EU Member State. Mandatory law always prevails to the required extent.

55. Contact Information and Legal Notices

The Service is operated by:

yulci GmbH
Trading as: Amberjack
Legal form: GmbH (Swiss limited liability company)
Commercial-register number: CH-290.4.021.473-4
Registered address: c/o Trubegüetlistrasse 18, 8212 Neuhausen, Switzerland
Email for general enquiries, legal notices, privacy requests, security reports, copyright/IP complaints, and illegal-content notices: info@amberjack.ai

Amberjack’s Privacy Policy and any applicable data-processing or subprocessor information will be made available through the Amberjack website or Service, or on request where appropriate.

Where mandatory law requires Amberjack to publish an additional regulatory contact, EU legal representative, online withdrawal function, or other dedicated contact mechanism, Amberjack will make that information available through the Service, checkout flow, transaction confirmation, or Amberjack website as legally required.

Annex A - EU/EEA Consumer Withdrawal Information and Model Form (B2C Only)

A.1 Purpose

This Annex concerns statutory Consumer withdrawal. It is not ordinary subscription cancellation and does not apply to Business Users or B2B purchases.

Subject to statutory exceptions, an eligible EU/EEA Consumer generally has 14 calendar days from conclusion of a covered distance contract to withdraw without giving a reason. A separate request to begin performance during that period, where required, is obtained through checkout or another affirmative process.

A.2 How to withdraw

All paid Amberjack transactions are processed through Paddle as Merchant of Record. The applicable Paddle entity and legally relevant withdrawal route are identified in the checkout or transaction confirmation. Consumers should use Paddle’s buyer portal, support or statutory-withdrawal process, or any online withdrawal function made available for the transaction.

Where a withdrawal right applies directly against Amberjack in relation to the Service agreement, notice may also be sent to:

yulci GmbH, c/o Trubegüetlistrasse 18, 8212 Neuhausen, Switzerland
info@amberjack.ai

A Consumer may use the model form below, but use of the form is optional; any unequivocal statement permitted by applicable law is sufficient.

A.3 Model withdrawal form

Complete and return this form only if you wish to withdraw from a contract and have a statutory right to do so.

To: the Contracting Trader identified in your checkout or transaction confirmation

I/We hereby give notice that I/We withdraw from my/our contract for the following Amberjack service or plan: [SERVICE / PLAN]

Contract concluded on: [DATE]

Name of Consumer(s): [NAME]

Account email / transaction reference: [DETAILS]

Address of Consumer(s): [ADDRESS]

Signature of Consumer(s), only if submitted on paper: [SIGNATURE]

Date: [DATE]

End of Terms