Aerava Terms of Service

These Terms of Service (“Terms”) govern your access to and use of Aerava (the “Service”). By creating an account, accessing, or using the Service, you agree to these Terms and our Privacy Policy. Aerava is offered by Tempo Quest, Inc. (“TempoQuest,” “we,” “us,” or “our”). If you or your organization have a separate written agreement, order form, or enterprise addendum with Tempo Quest, Inc. covering the Service, that agreement controls to the extent of any conflict.

1) What the Service provides

Aerava lets you run weather forecasts using physics‑based numerical weather prediction models. The Service helps you configure runs, launch compute, monitor progress, and access outputs and visualizations.

2) Important safety and accuracy notice

Weather forecasts are inherently uncertain. Outputs may be incomplete, delayed, inaccurate, or unavailable. The Service is provided for informational and planning purposes only and is not a substitute for official warnings, advisories, operational control procedures, or professional judgment. You are solely responsible for how you use outputs.

Unless TempoQuest expressly agrees otherwise in writing, you must not rely on the Service as the sole basis for life-safety, emergency response, evacuation, dispatch, navigation, aviation, public warning, medical, insurance, regulatory, or other high-risk decisions without independent verification and your own judgment.

3) Accounts and access

• You must be legally able to enter into these Terms.
• You must provide accurate account information and keep it updated.
• You are responsible for maintaining the confidentiality of your credentials.
• You may not share accounts or access credentials outside your organization without permission.
• You are responsible for activities that occur under your account, including activity by your users.

4) Acceptable use

You agree not to misuse the Service. For example, you will not:

• Interfere with or disrupt the Service or its infrastructure.
• Attempt to access data, systems, or accounts that are not yours.
• Reverse engineer, probe, scrape, or benchmark the Service in a way that bypasses normal controls.
• Use the Service in violation of applicable laws or regulations.
• Use the Service in violation of export controls, sanctions, or trade restrictions.
• Upload or submit data you do not have the right to use, process, or disclose.
• Automate access in a way that materially harms reliability for other users.

5) Credits, billing, and refunds

• Credits are the Service’s usage unit. When you submit a job, the displayed credits are the price for that job.
• We charge credits upfront at submission time. Jobs can only be submitted when you have a sufficient credit balance.
• Prices displayed in the Service, Billing page, checkout, or submission flow are the governing prices for the specific purchase, renewal, or job submitted at that time.
• Refunds: if a job does not complete successfully, we issue a full refund for that job, except where an abuse control or a custom enterprise arrangement applies.
• Cancellations: you may cancel only while a job is still queued and has not started running. Once a job starts running, cancellation may be disabled to avoid wasted compute.

TempoQuest may update future pricing, credit-pack prices, usage pricing, allowances, or subscription fees to reflect changes in infrastructure costs, third-party service costs, taxes, regulatory obligations, or operating conditions, including AWS or other cloud compute market conditions. Pricing changes apply prospectively only and do not change charges for purchases already completed or jobs already submitted.

For recurring subscriptions, any price change will take effect on a future billing cycle with advance notice and an opportunity to cancel before the new price applies, to the extent required by applicable law. Current pricing and any applicable updates will be presented in the Service, including the Billing view.

6) Compute capacity

• Aerava runs every forecast on on‑demand cloud capacity. We do not offer a lower‑cost interruptible capacity mode, and no submitted run is moved to a different capacity class without a new user action and price confirmation.
• The credit cost shown in the quote is the price for that run on on‑demand capacity. If a run fails for a platform‑side reason, the credits held for it are returned as described in Section 5.

7) Fair usage, download limits, and exports

To protect platform reliability, security, and reasonable operating costs for all customers, TempoQuest may apply fair-usage limits, rate limits, download limits, storage limits, export limits, bandwidth caps, or similar technical controls.

• Included allowances may vary by plan, workflow, data volume, output type, or commercial arrangement.
• If your usage exceeds reasonable plan allowances, we may throttle, defer, temporarily limit, or suspend downloads or exports, require an upgrade, or require a separate enterprise arrangement.
• You may not mirror, hotlink, resell, or bulk-redistribute Service outputs or downloads except as expressly permitted by your plan or a written agreement.

8) Data, outputs, and retention

• The Service stores run configurations, logs, and outputs so you can monitor runs and access results.
• Retention is how long outputs remain available in the platform. After your retention period, outputs may be deleted.
• You are responsible for exporting or archiving outputs you wish to keep beyond retention.
• Retention applies to standard outputs produced by the Service. High‑volume workflows or custom output sets may require a separate arrangement (including direct delivery to your storage).
• You represent that you have all rights, permissions, and legal bases needed to submit your data and to instruct TempoQuest to process it through the Service.

9) Telemetry and monitoring

To keep the Service reliable, secure, and billable, TempoQuest collects operational telemetry such as job status events, performance metrics, logs, and usage signals. We may review this information to debug issues, enforce abuse controls, improve reliability, and support customers.

10) Suspension and termination

We may suspend or limit access immediately if we reasonably believe doing so is necessary to protect the Service, other customers, comply with law, address security or abuse issues, avoid material cost exposure, or enforce these Terms. You may stop using the Service at any time. Sections that by their nature should survive termination will survive, including billing, disclaimers, liability limits, and indemnity.

11) Intellectual property and license

• TempoQuest owns the Service, including its software, UI, workflow logic, and documentation, except for third‑party components.
• You retain rights to your account data and the outputs generated for your runs. You may use outputs for lawful internal and commercial purposes, subject to these Terms and any third-party rights.
• Subject to these Terms, TempoQuest grants you a limited, non-exclusive, non-transferable right to use the Service during your subscription term or permitted access period.

12) Third-party services

The Service depends on third-party infrastructure and providers, including cloud, hosting, authentication, storage, and payment services. Availability, performance, and data-delivery timing may be affected by those providers, and TempoQuest is not responsible for third-party outages or failures outside its reasonable control.

13) Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TEMPO QUEST, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT.

14) Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEMPO QUEST, INC. WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATED TO THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEMPO QUEST, INC.’S TOTAL LIABILITY FOR CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO TEMPO QUEST, INC. FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

15) Indemnification

You agree to defend, indemnify, and hold harmless Tempo Quest, Inc. and its affiliates, personnel, and service providers from claims, liabilities, damages, losses, and expenses arising out of your use of the Service, your data, your violation of these Terms, or your violation of applicable law or third-party rights.

16) Governing law and venue

These Terms are governed by the laws of the State of Nevada, without regard to conflict-of-laws rules, except to the extent applicable law requires otherwise. To the extent permitted by law, any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Clark County, Nevada, and the parties consent to that jurisdiction and venue.

17) Changes

We may update these Terms from time to time. If changes are material, we will make reasonable efforts to notify you. Continued use of the Service after an update means you accept the updated Terms.

18) Contact

Questions about these Terms? Contact support@tempoquest.com or write to Tempo Quest, Inc., 1434 Spruce St., Suite 100, Boulder, CO 80302.