Terms of Service

“Lythe,” “we,” “us,” or “our” means Lythe Inc. for self-serve Services worldwide, or Lythe Pte. Ltd. only if it is expressly identified as the contracting service provider in an applicable Order Form or signed customer agreement.

“Fraser Simulation Studio” means Lythe’s AI-powered simulation and automated evaluation product for testing websites, product flows, visual experiences, and Android applications using AI personas, subagents, simulations, and automated evaluators.

“Customer,” “you,” or “your” means the business, enterprise, organization, or other entity that accesses or uses the Services for its own internal business purposes, including any authorized user, employee, administrator, contractor, agent, or representative acting on that entity’s behalf. The Services are intended for business and commercial use only, not for personal or household use.

“Services” means Fraser Simulation Studio and any related websites, applications, APIs, dashboards, software, documentation, AI personas, subagents, simulations, evaluation workflows, bug-testing workflows, reports, visual evaluations, analytics, integrations, support services, and related products or features made available by Lythe.

“AI Persona” means an AI-generated, AI-assisted, or customer-configured simulated user, subagent, evaluator, reviewer, tester, respondent, or behavioral model used to test, review, critique, analyze, or simulate interactions with Customer Data.

“Simulation” means any automated, AI-assisted, or agentic evaluation, test, critique, comparison, analysis, review, scenario, bug-test, visual evaluation, workflow, or report generated through the Services.

“Customer Data” means any data, information, content, or materials submitted to, processed by, generated through, stored by, or retrieved by or through the Services on behalf of Customer, including prompts, scripts, product flows, websites, landing pages, screenshots, prototypes, product concepts, research notes, customer feedback, CRM records, user personas, files, URLs, logs, metadata, analytics, session replay data, uploaded materials, integration data, Android application packages (APKs), call audio, call recordings, call transcripts, conversation metadata, and other research or evaluation data.

“Output” means responses, persona feedback, simulated user reactions, product critiques, summaries, classifications, recommendations, analytics, evaluations, scores, segmentation insights, bug-testing results, visual evaluations, simulation results, insights, reports, actions, or other synthetic content generated by the Services, AI Personas, or Simulations.

“High-Impact Decision” means any decision, recommendation, assessment, ranking, determination, or action that may materially affect an individual’s employment, credit, housing, healthcare, insurance, education, legal status, financial access, public benefits, safety, or access to similar rights, services, or opportunities.

“Regulated Use Case” means any use of the Services involving legal, medical, financial, insurance, housing, employment, education, government, political, children or minors, emergency, or other activities or contexts subject to heightened legal, regulatory, professional, or safety requirements.

“Simulation Evaluation” means the use of multiple AI Personas, simulations, tests, automated evaluators, reviewers, or similar evaluation systems to test, compare, monitor, improve, or stress-test product experiences, user flows, messaging, positioning, customer journeys, or agent behavior.

“Authorized Target” means an exact website, domain, subdomain, application, product flow, prototype, system, Android application package, account, or environment that (a) Customer owns and is legally entitled to test, or (b) the legal owner has expressly authorized Customer and Lythe in writing to test using the applicable automated, AI-agent, or simulation methods. The authorization must identify the target and permit the type, environment, intensity, and period of testing to be performed. Public availability, a hyperlink, a commercial relationship, ordinary user access, possession of credentials, an API key, a robots.txt setting, or the absence of technical blocking does not by itself make a target an Authorized Target.

“Target Certification” means Customer's electronic certification, submitted through the Services by an authorized user, that each identified target is an Authorized Target and that the requested testing is within the owner's authorization.

“Target Owner” means the person or entity with legal authority to authorize the relevant testing of a target. A customer, vendor, merchant, partner, platform participant, or affiliate is not a Target Owner merely because it links to, uses, purchases from, sells through, or has a commercial relationship with the target.

By creating an account, affirmatively checking the box presented with these Terms, submitting a Target Certification, executing an Order Form that references these Terms, or accessing or using the Services after completing an acceptance step, you agree to these Terms and the policies expressly incorporated into them. If you act for an organization, you represent and warrant that you have authority to bind that organization and that the organization is the Customer.

Before first use, and after a material change where Lythe requests renewed acceptance, an account administrator or other authorized representative must affirmatively accept the then-current Terms. Lythe may keep records of the accepting user, organization, date and time, policy version, account, IP address, device or browser information, and related evidence of assent.

These Terms govern Fraser Simulation Studio's self-serve, pilot, paid, enterprise-trial, and business offerings worldwide. Lythe Pte. Ltd. provides Services only if it is expressly identified as the contracting entity in an Order Form or other signed agreement.

Unless Lythe and Customer agree otherwise in writing, a complimentary pilot may begin under these Terms after an authorized Customer representative accepts them and submits the required Target Certification. A separate letter of intent or onboarding agreement is not required. Pilot-specific targets, activities, environments, dates, rates, concurrency limits, reporting contacts, and stop conditions may be recorded through an electronic Target Certification, checkout flow, product interface, or Order Form.

Fraser Simulation Studio is Lythe’s AI-powered simulation and automated evaluation product for testing websites, product flows, visual experiences, and Android applications using AI personas, subagents, simulations, and automated evaluators. The Services provide software for building, configuring, running, managing, monitoring, testing, and improving Simulations, AI Personas, subagents, and automated evaluation workflows. The Services may support product feedback simulations, bug-testing of websites and digital experiences, landing page reviews, user flow testing, onboarding critiques, positioning analysis, messaging analysis, feature evaluation, product-market-fit hypotheses, user research preparation, visual evaluations, evaluation reports, and related product workflows.

The Services may generate simulated feedback, user reactions, behavioral analysis, product critiques, feature recommendations, usability observations, bug or error identifications, segmentation insights, ideal customer profile (ICP) hypotheses, visual evaluations, and related Outputs.

The Services are intended to support product research, product development, customer discovery, product marketing, usability testing, positioning review, and internal decision-making. The Services do not replace real user research, professional judgment, legal advice, compliance review, or human decision-making.

Lythe may add, modify, suspend, or discontinue features from time to time. Certain features may be labelled beta, preview, experimental, or limited availability. Those features may be less reliable and may be changed, restricted, or discontinued at any time.

• You must be at least 18 years old and legally able to enter into these Terms.
• You must provide accurate and complete account information and keep it updated.
• You are responsible for maintaining the confidentiality of login credentials, API keys, authentication tokens, workspaces, integrations, and administrative access.
• You are responsible for all activity under your account, including activity by your employees, contractors, agents, administrators, and authorized users.
• You must promptly notify Lythe of any unauthorized access, credential compromise, misuse, or security incident involving your account or the Services.

Customer is responsible for its use of the Services, including all Customer Data, users, AI Personas, subagents, Simulations, prompts, workflows, integrations, Target Certifications, and downstream use of Outputs. Customer must ensure that its use complies with applicable law, contractual obligations, third-party platform rules, Lythe's incorporated policies, and these Terms.

Authorized Targets only. Customer may cause the Services to access, test, crawl, scan, evaluate, monitor, or interact only with an Authorized Target and only within the scope of the Target Owner's authorization. Before the first run against a target, Customer must submit a complete and accurate Target Certification identifying the exact target and the permitted testing scope. A materially changed target, environment, method, intensity, or scope requires a new Target Certification before testing resumes.

Third-party and competitor targets. Customer must not use the Services to test a competitor or any other third-party target unless the Target Owner has given prior express written authorization that specifically covers the testing to be performed by Customer and Lythe. Customer must retain that authorization while testing continues and for as long afterward as reasonably necessary to address disputes, and must provide a copy or other satisfactory proof promptly on Lythe's request. A public website, link from Customer's site, merchant or vendor relationship, customer account, credential, or ordinary permission to use a service is not permission to run automated testing.

Continuing warranty. Each Target Certification is Customer's continuing representation and warranty that the target is an Authorized Target, the certification is accurate and complete, and the authorization has not expired, been withdrawn, or been exceeded. Customer must immediately stop the affected testing and notify Lythe if ownership, authority, scope, or accuracy changes or is disputed.

Lythe reliance and review. Lythe may rely on a Target Certification and related customer instructions without independently determining ownership or authority. Lythe may nevertheless require supporting evidence, impose conditions, reduce volume, delay or refuse a run, or suspend access if it reasonably believes a target is not authorized or the activity creates legal, security, safety, reliability, or platform-integrity risk.

Other responsibilities. Customer must obtain all rights, permissions, consents, notices, lawful bases, and authorizations required for Customer Data and processing; comply with applicable privacy, consumer-protection, intellectual-property, publicity, industry-specific, and AI laws; configure and monitor Simulations appropriately; maintain human review for sensitive or consequential uses; and use only lawfully obtained and properly permissioned data.

Because Fraser Simulation Studio enables simulated product feedback and AI-generated evaluations, you are responsible for ensuring that every Simulation, AI Persona, prompt, upload, workflow, report, and downstream decision complies with applicable laws, contracts, third-party rights, and Lythe’s incorporated policies.

6.1 Customer Materials and Permissions

You must obtain and maintain all rights, consents, notices, permissions, and lawful bases required to upload, connect, analyze, evaluate, or otherwise process Customer Data through the Services.

You must not upload confidential information, personal data, customer records, call recordings, call audio, transcripts, conversation metadata, user research data, CRM data, proprietary third-party content, malicious or unauthorized Android application packages (APKs), software packages, or executable files unless you are authorized to do so and appropriate safeguards are in place.

You must maintain records reasonably sufficient to demonstrate your authority to process Customer Data if requested by Lythe, a regulator, an affected individual, or an affected customer.

6.2 AI Persona and Simulation Disclosure

You must not represent AI Personas, simulated users, automated evaluations, or synthetic feedback as real people, real customer interviews, real survey responses, statistically valid research, or verified market data unless independently validated through appropriate research methods.

You must not use the Services to impersonate a specific real person, customer, employee, expert, public figure, or protected class member without authorization.

You must use clear, accurate, and non-deceptive language when describing Outputs, Simulations, AI Personas, assumptions, limitations, and research methodology.

6.3 Research and Product Decision Limitations

• You must not rely solely on Outputs for regulated, high-impact, consequential, safety-critical, or legally binding decisions.
• You must independently verify Outputs before relying on them for product, business, customer, investment, legal, compliance, or operational decisions.
• You acknowledge that model behavior, prompt design, assumptions, available context, uploaded materials, evaluation settings, and third-party integrations may affect performance and Output quality.

6.4 Regulated and Sensitive Use Controls

You must not deploy the Services for Regulated Use Cases without Lythe’s prior written approval and appropriate legal authority, qualified human oversight, safeguards, and documentation.

You must not upload sensitive personal data, special-category data, children’s data, health data, biometric data, government identifiers, precise location data, financial account data, authentication secrets, or similar high-risk data unless expressly authorized, legally permitted, technically secured, and approved by Lythe where required.

6.5 Default Testing Boundaries

Unless an Order Form or Lythe's written approval expressly permits otherwise, self-serve access, complimentary pilots, paid pilots, and evaluation access are limited to reasonable, low-volume, non-destructive testing of public unauthenticated interfaces or expressly approved non-production environments using least-privilege test access.

Without Lythe's prior written approval and the Target Owner's express authorization, Customer must not use the Services for authenticated production testing; real account creation; real purchases, payments, form submissions, transactions, or communications; changes to production data; interaction with real users; authentication bypass; source-code review; security or penetration testing; vulnerability scanning; load, stress, or denial-of-service testing; destructive testing; or any activity reasonably likely to degrade, interrupt, overload, or impair a target.

Customer must comply with all rate, concurrency, scheduling, scope, and stop instructions imposed by Lythe or the Target Owner. Lythe may pause or end testing immediately if it detects errors, elevated latency, blocking, complaints, unexpected data, instability, or possible harm.

You may not use the Services, directly or indirectly, for any unlawful, harmful, abusive, deceptive, unauthorized, or prohibited purpose. Prohibited uses include:

• Violating applicable laws, regulations, sanctions, export controls, platform rules, or third-party rights.
• Uploading or processing Customer Data that you do not have the right, authority, consent, or lawful basis to use.
• Submitting stolen, scraped, unlawfully obtained, purchased, rented, or unauthorized customer data, CRM records, transcripts, research data, recordings, datasets, or user records.
• Creating, presenting, or distributing simulated feedback, AI Persona responses, or Output as real user feedback, real customer interviews, real market research, or verified survey data without appropriate disclosure and validation.
• Using AI Personas or Simulations to impersonate, defame, harass, exploit, manipulate, discriminate against, or unfairly target any person or group.
• Using the Services as the sole basis for High-Impact Decisions or Regulated Use Cases without Lythe’s prior written approval and appropriate human review.
• Conducting legal, medical, financial, insurance, employment, housing, education, political, government, emergency, children/minor, or other regulated workflows without required approval and safeguards.
• Uploading malware, malicious code, unauthorized Android application packages (APKs), software packages, or other executable files; attempting to bypass security controls, denial-of-service activity, scraping, probing, attacking, reverse engineering, unauthorized access, or other platform or security abuse.
• Bypassing usage limits, rate limits, billing systems, access controls, model safeguards, monitoring systems, or compliance controls.
• Using the Services, Outputs, evaluation results, prompts, workflows, or proprietary materials to benchmark, train, improve, or build a competing product in violation of an applicable agreement or Lythe’s intellectual property or contractual rights.
• Reselling, sublicensing, or making the Services available to third parties except as permitted in an applicable Order Form or written agreement with Lythe.
• Testing, crawling, scraping, scanning, monitoring, accessing, evaluating, overloading, or analyzing any website, application, prototype, product, system, APK, account, or other digital asset that is not an Authorized Target.
• Testing a competitor or third-party target without the Target Owner's prior express written authorization specifically covering Customer's and Lythe's automated testing.
• Providing a false, incomplete, misleading, expired, or overbroad Target Certification, or continuing after authorization is withdrawn, expires, becomes disputed, or is exceeded.
• Concealing the source or nature of testing, rotating identities or infrastructure to evade blocking, bypassing authentication or access controls, or circumventing a target's rate limits, safety controls, or express stop instructions.
• Creating or risking a denial of service, material degradation, excessive traffic, data modification, real transaction, real-user communication, or other effect outside the certified and approved scope.

Lythe may investigate, suspend, limit, throttle, block, disable, or terminate access to the Services, Simulations, AI Personas, APIs, integrations, workflows, projects, reports, or accounts where Lythe reasonably believes that use violates these Terms, Lythe’s incorporated policies, third-party platform requirements, or applicable law, or creates legal, safety, security, compliance, reliability, reputational, or platform-integrity risk.

Lythe may require proof of rights, consents, data-source details, prompt records, workflow descriptions, simulation purpose, business identity information, disclosure language, research methodology, human-review procedures, and other compliance documentation before enabling or continuing any Simulation, workflow, upload, or use case.

As between you and Lythe, you retain ownership of Customer Data. You grant Lythe a worldwide, non-exclusive, royalty-free licence to host, process, transmit, display, reproduce, modify and analyze Customer Data only as necessary to provide, operate, secure, support, troubleshoot, evaluate and enforce the Services; comply with applicable law; perform Lythe’s obligations under these Terms and applicable agreements; and update prompts, configurations or workflows for your own deployment.

You represent and warrant that you have all rights, permissions, consents, notices, and lawful bases necessary to provide Customer Data to Lythe and to allow Lythe to process Customer Data as described in these Terms, the Lythe Privacy Policy, and any applicable Data Processing Addendum.

Lythe does not use Customer Data, research data, CRM data, call audio, call recordings, call transcripts, conversation metadata, lead data, or other personal data submitted to or generated through your use of the Services to train Lythe models, shared models, general-purpose models, or models or systems used for the benefit of other customers, unless expressly agreed in a written agreement with the customer and permitted by applicable law.

Lythe does not permit third-party model or AI infrastructure providers to use Customer Data or other personal data processed through the Services to train their models.

Unless otherwise agreed in writing, Lythe may use aggregated or de-identified information derived from use of the Services for analytics, security, safety, reliability, usage measurement and product improvement, provided that such information does not identify Customer or any individual and is handled in accordance with applicable law and applicable agreements.

AI systems may generate inaccurate, incomplete, biased, offensive, unrealistic, unexpected, or non-compliant Output. You are responsible for appropriately reviewing, testing, approving, and monitoring AI Personas, Simulations, and Outputs before and during use. Lythe does not guarantee that any AI Persona, Simulation, or Output will achieve a particular business result, research outcome, customer outcome, market response, conversion rate, product-market-fit conclusion, investor reaction, or customer satisfaction score.

Outputs are synthetic evaluations and should not be treated as a substitute for real user interviews, statistically valid surveys, customer research, professional research methodology, or market validation.

You must not rely solely on Output for regulated, high-impact, consequential, safety-critical, or legally binding decisions.

You are responsible for implementing appropriate human review, validation, monitoring, and override procedures.

You must independently verify product critiques, simulated feedback, classifications, recommendations, reports, and other Outputs before relying on them for consequential, regulated, or legally significant actions.

You acknowledge that latency, model behavior, prompt quality, evaluation design, available context, uploaded materials, third-party integrations, and simulation assumptions may affect performance.

The Services may integrate with third-party services such as cloud infrastructure providers (e.g., Amazon Web Services (AWS), Microsoft Azure, Vercel, Google Cloud Platform, and Cloudflare), CRMs, analytics tools, product analytics systems, design tools, data warehouses, messaging providers, AI infrastructure providers, transcription providers, model providers, payment processors such as Stripe, and other platforms. Your use of third-party services may be subject to separate terms, privacy policies, fees, limits, and compliance obligations.

Lythe is not responsible for third-party services, outages, data handling, or changes outside Lythe’s reasonable control, except to the extent Lythe has independent obligations under applicable law or has expressly agreed otherwise in writing.

Fees, billing terms, usage limits, payment schedules, taxes, overage charges, credits, minimum commitments, renewals, and cancellation terms will be specified in the applicable checkout page, pricing page, invoice, Order Form, or written agreement.

Fraser Simulation Studio may be offered through free, paid, usage-based, enterprise, or promotional plans. Unless otherwise stated in the applicable checkout page, pricing page, Order Form, or written agreement, Lythe may make available the following plan types:

• Free Plan. The Free Plan may include a limited number of simulations, such as one lifetime simulation, with limited AI Persona or agent usage per simulation.
• Pro Plan. The Pro Plan may include a monthly subscription fee and a defined number of simulations per month, such as ten simulations per month, with defined AI Persona or agent limits per simulation.
• Enterprise Plan. Enterprise plans may include custom pricing, custom simulation limits, custom AI Persona or agent limits, custom integrations, support, onboarding, security review, or other negotiated terms.
• Simulation Packs. Customers may be able to purchase additional simulation packs, such as a single simulation pack or multi-simulation pack, subject to the pricing, expiration, usage limits, and restrictions stated at checkout or in the applicable Order Form.
• You authorize Lythe or its payment processor to charge applicable fees and taxes. Usage-based fees may be calculated based on simulations, AI Personas, agents, seats, API requests, reports, projects, evaluations, uploads, storage, integrations, or other usage metrics.

Unless otherwise stated, included simulations, simulation packs, credits, tokens, or other usage allowances are not cash, are not refundable, are not transferable, and may not be exchanged for money or credit. Unused usage allowances may expire at the end of the applicable billing period or other period stated in the checkout page, pricing page, Order Form, or written agreement.

Unless otherwise stated, fees are non-refundable except where required by law or expressly agreed in writing. Lythe may suspend or restrict access to the Services for overdue amounts, failed payments, suspected fraud, excessive usage, violation of usage limits, or breach of these Terms.

Lythe may modify pricing, plan features, included usage, usage limits, simulation limits, AI Persona or agent limits, add-on pack pricing, or billing mechanics from time to time. Changes will apply prospectively unless otherwise stated in an applicable Order Form or written agreement.

Lythe and its licensors own all rights, title, and interest in and to the Services, including software, systems, APIs, models, prompts, workflows, AI Persona systems, simulation methods, evaluation methods, scoring systems, analytics, dashboards, designs, documentation, reports, trademarks, trade secrets, and other technology, excluding Customer Data.

Subject to these Terms and payment of applicable fees, Lythe grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services for your internal business purposes during the applicable subscription term.

You may not copy, modify, reverse engineer, decompile, disassemble, rent, lease, sell, sublicense, create derivative works from, or otherwise exploit the Services except as expressly permitted by Lythe in writing or to the extent such restriction is prohibited by applicable law.

If you provide suggestions, ideas, requests, bug reports, recommendations, or other feedback about the Services, you grant Lythe a perpetual, irrevocable, worldwide, royalty-free right to use, disclose, reproduce, license, distribute, and otherwise exploit that feedback without restriction or compensation to you.

"Confidential Information" means non-public business, technical, financial, product, security, customer, or operational information disclosed by one party that is marked confidential or that a reasonable recipient would understand to be confidential. The receiving party will use Confidential Information only to provide, receive, evaluate, secure, or support the Services; disclose it only to personnel and contractors who need to know it and are bound by confidentiality duties at least as protective as these Terms; and protect it with at least reasonable care.

Confidential Information does not include information the recipient can document was lawfully known without restriction, independently developed without use of the Confidential Information, lawfully received from a third party without restriction, or publicly available through no breach. If disclosure is legally required, the recipient will, where legally permitted, give prompt notice and disclose only what is required.

These confidentiality duties continue for two years after each disclosure; trade secrets remain protected for as long as they qualify as trade secrets. Neither party may announce a pilot or customer relationship, identify the other publicly, or use the other's name, logo, or marks without prior written consent.

Lythe will process personal data in accordance with the Lythe Privacy Policy and, where applicable, a Data Processing Addendum. You are responsible for providing all notices and obtaining all consents required for your use of the Services, including for Customer Data, product research data, user feedback, CRM records, call audio, call recordings, call transcripts, conversation metadata, analytics, integrations, and AI processing.

Where Customer Data includes personal data subject to privacy or data protection laws, the parties will comply with applicable data protection obligations. Lythe may engage affiliates, including Lythe Pte. Ltd., to process personal data in connection with the Services, subject to the Lythe Privacy Policy, any applicable Data Processing Addendum, customer agreement, and applicable law.

A Data Processing Addendum may be required before you process regulated, sensitive, enterprise, or production Customer Data through the Services, as determined by applicable law, an applicable agreement, or Lythe’s compliance requirements.

Unless an Order Form, Data Processing Addendum, or Lythe's prior written approval expressly permits otherwise, Customer must not submit or expose personal data during self-serve use, a pilot, or evaluation access. Customer must not submit live-user data, payment-card data, passwords, production credentials, raw session replay, health or medical information, regulated health information, authentication secrets, or other sensitive or regulated information through those offerings. If Lythe encounters such information unexpectedly, it may stop the affected activity, restrict access, isolate or delete the material where appropriate, and notify Customer.

Aggregate, non-identifying persona assumptions may be used if they do not identify or relate to an identifiable individual.

Lythe will use commercially reasonable administrative, technical, and organizational safeguards designed to protect the Services and Customer Data. You are responsible for configuring your account securely, managing access permissions, rotating credentials, limiting administrative privileges, and maintaining the security of your systems, integrations, and endpoints.

You must promptly notify Lythe if you become aware of unauthorized access, misuse, security incidents, compromised credentials, unlawful data use, or potential breaches involving the Services or Customer Data.

Lythe may suspend, limit, or terminate your access to the Services if you breach these Terms, fail to pay fees, create security or legal risk, violate applicable laws, third-party platform requirements, or incorporated policies, misuse the Services, exceed usage limits, or use the Services in a manner that may harm Lythe, users, customers, infrastructure, or third parties.

You may stop using the Services at any time, subject to applicable payment commitments and Order Form terms. Upon termination, your right to access the Services will end. Certain provisions will survive termination, including provisions relating to fees, intellectual property, confidentiality, data rights, disclaimers, indemnity, limitations of liability, dispute resolution, and compliance obligations.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, LYTHE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, AND ERROR-FREE OPERATION.

LYTHE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, COMPLETE, COMPLIANT WITH YOUR SPECIFIC LEGAL OBLIGATIONS, OR SUITABLE FOR ANY PARTICULAR PRODUCT DECISION, RESEARCH PROCESS, REGULATED USE CASE, OR CUSTOMER OUTCOME.

To the maximum extent permitted by law, Customer will defend, indemnify, and hold harmless Lythe and its affiliates, officers, directors, employees, contractors, service providers, licensors, and agents (the "Lythe Protected Parties") from every third-party claim, demand, investigation, action, or proceeding, and all resulting liabilities, damages, judgments, settlements, penalties, fines, costs, reasonable attorneys' fees, and defense expenses, arising from or relating to:

• an inaccurate, incomplete, misleading, expired, withdrawn, or breached Target Certification or representation concerning ownership, control, permission, or scope;
• a target or activity that Customer identifies, requests, directs, certifies, or approves without sufficient authority;
• Customer's testing of a competitor or other third-party target;
• Customer Data, materials, credentials, instructions, access, Simulations, AI Personas, prompts, workflows, integrations, or Outputs that violate law, contract, platform rules, or third-party rights;
• Customer's violation of these Terms or an incorporated policy; or
• Customer's failure to obtain a required consent, authorization, disclosure, lawful basis, or permission.
• Customer will promptly assume the defense with counsel reasonably acceptable to Lythe. Customer may not settle a claim without Lythe's written consent if the settlement admits fault by a Lythe Protected Party, imposes an obligation on one, or does not provide an unconditional release. If Customer does not promptly assume the defense or a conflict exists, Lythe may control the defense at Customer's expense. This obligation does not apply to the extent a final, non-appealable judgment determines that the claim resulted from Lythe's fraud, willful misconduct, or knowing testing outside the then-current certified and approved scope.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LYTHE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, CUSTOMER CLAIMS, REGULATORY PENALTIES, PRODUCT DECISIONS, RESEARCH ERRORS, MARKET LOSSES, OR COST OF SUBSTITUTE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF LYTHE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LYTHE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO LYTHE FOR THE SERVICES IN THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; OR (B) USD $100.

The limitations in this Section do not limit Customer's defense, indemnification, or hold-harmless obligations; either party's fraud or willful misconduct; or liability that cannot lawfully be limited. The limitations do not bar injunctive or other equitable relief.

You must comply with applicable export control, sanctions, anti-bribery, anti-corruption, and trade compliance laws. You may not use the Services in embargoed jurisdictions, for sanctioned parties, or for prohibited end uses.

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law rules. The parties agree to the exclusive jurisdiction of the state and federal courts located in Delaware, unless an applicable Order Form or written enterprise agreement expressly states otherwise.

Lythe may update these Terms from time to time to reflect changes in the Services, legal developments, AI requirements, privacy requirements, safety learnings, risk controls, business practices, or operational needs. If Lythe makes material changes, Lythe will use reasonable efforts to provide notice, such as by posting updated Terms, sending an email, or providing notice through the Services.

Unless otherwise required by applicable law or agreed in writing, material changes will apply prospectively from the effective date stated in the updated Terms. Continued use of the Services after the effective date of updated Terms constitutes acceptance of the updated Terms, subject to any contrary terms in a signed customer agreement.

These Terms, the Acceptable Use Policy, AI Use Policy, Privacy Policy, Cookie Policy, any applicable Data Processing Addendum, and any Order Form constitute the agreement governing the Services. In order of precedence: (1) a signed Order Form or customer agreement, but only for its expressly stated subject matter; (2) any applicable Data Processing Addendum for personal-data processing; (3) these Terms; (4) the Acceptable Use Policy and AI Use Policy; and (5) other incorporated policies. A Target Certification narrows the permitted target and testing scope and does not expand any permission or override these documents.

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect. You may not assign these Terms without Lythe’s prior written consent. Lythe may assign these Terms in connection with a merger, acquisition, corporate reorganization, financing, or sale of assets. No waiver is effective unless in writing. These Terms do not create a partnership, joint venture, agency, fiduciary, or employment relationship.

For notices, legal questions, privacy requests, or compliance inquiries, contact:

• Legal entity: Lythe Inc.
• Email: team@lythe.ai
• Abuse/compliance contact: team@lythe.ai
• Privacy contact: team@lythe.ai