Lakera AI AG ("Lakera"; "we") is a Swiss based company that operates the website lakera.ai (the "Lakera Website"). Our mission is to power mission-critical artificial intelligence in a safe and trustworthy manner.

These Terms of Use govern your access to the Lakera Website. By accessing the Lakera Website, you confirm that you have read our Terms of Use and that you agree to them.

1. Limitations on the use of Lakera Content

1.1 The Lakera Website contains content and technology of Lakera ("Lakera Content"). Copyright, trademark, patent, and/or other intellectual property rights may protect Lakera Content. You acknowledge and accept that except for the limited license granted hereunder, all right, title and interest to the Lakera Website and the Lakera Content contained therein remains with Lakera or third parties.

1.2 Subject to these Terms of Use, Lakera hereby grants you a limited, revocable, non-sub-licensable license to copy, post, share or otherwise use Lakera Content solely for your personal use in connection with your use of the Lakera Website. You may not modify, create derivative works of, or decompile Lakera Content without the written permission of Lakera or the respective other rights holders.

2. Disclaimer of Warranties

2.1 We strive to improve the Lakera Website continuously and adapt it to the recognizable needs of our users. Yet we provide the Lakera Website as is, and we may reserve the right to modify the Lakera Website at any time without prior notification. Therefore,

• Lakera disclaims any and all representations and warranties (express or implied) including warranties of title, fitness for a particular purpose, or merchantability;
• Lakera cannot and does not guarantee or promise any specific results from the use of the Lakera Website;
• and Lakera neither represents nor warrants that the information and content made available on or through the Lakera Website is complete, accurate, reliable, current or error-free.

2.2 We provide the Lakera Website over the internet. Thus,

• the Lakera Website may be temporarily unavailable from time to time for various reasons such as, but not limited to, server maintenance;
• and Lakera does not assume any responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, unauthorised access to, or alteration of the Lakera Website.

3. Limitation of Liability

3.1 The liability of Lakera for damages, whether derived from torts or breaches of contract, under these Terms of Use, shall be limited to CHF 1,000.00 (or equivalent) per calendar year. The foregoing limitation of liability shall not apply to damages or losses caused by Lakera's own willful misconduct or gross negligence, nor shall it exclude Lakera's liability for death or personal injury.

3.2 To the maximum extent permitted by law, Lakera shall not be liable, in any event, for any consequential or indirect damages, including without limitation lost profits, the costs of recovery of lost data, the costs of the procurement of substitute tools or services or for any punitive or other non-compensatory damages.

4. Indemnification of Lakera

You agree to indemnify and hold Lakera and its affiliates as well as each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any of the following:

• Your conduct in connection with your use of the Lakera Website
• Any violation of these Terms of Use, of any applicable law or of the rights of any third parties.

5. Governing Law and Venue

5.1 These Terms of Use shall be exclusively governed by and construed in accordance with the laws of Switzerland. Its conflicts of laws rules shall not apply.

5.2 All disputes arising out of your use of the Lakera Website or otherwise out of or in connection with these Terms of Use shall be resolved exclusively by the ordinary courts in Zurich, Switzerland. Lakera reserves the right to bring such dispute before a court, which would not have jurisdiction absent this provision.

6. Miscellaneous Terms

6.1 Lakera may modify these Terms of Use from time to time at its own discretion. You agree that such modification shall be effective upon posting on the Lakera Website and that you will be bound to any changes when you use the Lakera Website after such modification is posted.

6.2 If any provision of these Terms of Use shall for any reason be held invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect. Any provision held invalid, illegal or unenforceable shall be replaced by a provision that closest reflects the intentions contained in the original provision.

6.3 The failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing.