Master Terms of Service

Version 1.0.0 · Effective October 21, 2026 · Identifier master-terms/v1.0.0

You are viewing version 1.0.0, kept permanently for customers whose Service Order identifies it. The current version is 1.1.0.

Signed before October 21, 2026? Agreements entered into before that date that reference the Audian Terms of Service remain governed by the version in effect for them, available here, unless the customer has agreed to the current documents.

READ CAREFULLY: THIS IS A BINDING LEGAL AGREEMENT.

These Master Terms of Service (the “Master Terms”) succeed the Audian Terms of Service for Service Orders and other agreements entered into on or after October 21, 2026, and for any earlier customer that agrees to them, including by signing a Service Order that identifies them. An agreement entered into before October 21, 2026 that references or incorporates the Audian Terms of Service (including by reference to any URL at which they were published) remains governed by the version of the Audian Terms of Service in effect for that agreement, which Audian keeps available on its website, unless and until the customer agrees to these Master Terms.

1. The Agreement; Acceptance

1.1 The Parties. These Master Terms are a binding contract between Audian, Inc., a Washington corporation (“Audian,” “we,” “us,” or “our”), and the business or other entity identified on a Service Order or otherwise receiving Services (“Customer,” “you,” or “your”). The Services are provided for business use. By accepting these Master Terms you represent that you are at least 18 years of age, that you are authorized to bind the Customer entity, and that the information you supply to us is correct and complete.

1.2 Acceptance of Agreement. You accept and agree to be bound by this Agreement when you: (a) sign or electronically accept a Service Order or other document that incorporates these Master Terms; (b) click a button or check a box indicating acceptance of this Agreement; (c) use, access, activate, receive, or pay for any Service or Equipment; or (d) otherwise manifest assent to this Agreement. Upon acceptance, this Agreement becomes a binding legal contract between Customer and Audian. Continuing to use or pay for Services under an agreement governed by a prior version of the Audian Terms of Service is not acceptance of these Master Terms. Only customers who accept these Master Terms may use the Services or Equipment.

1.3 Defined Terms.

• “Aggregated and Anonymized Data” means data, statistics, metrics, analyses, benchmarks, models, trends, usage information, operational information, or other information derived from Customer’s use of the Services, provided that such information is aggregated with other data and/or de-identified so that it does not identify Customer, any user, or any natural person and cannot reasonably be used to do so.
• “Audian Parties” has the meaning given in Section 18.
• “Audian-Managed AI Services” means artificial intelligence tools, applications, or services that Audian provides, configures, hosts, or manages for you under a Service Order.
• “Confidential Information” means non-public information disclosed by either party in connection with the Agreement that is designated confidential or that a reasonable person would understand to be confidential, including the pricing and commercial terms of your Service Orders and any separate written agreements, network designs and documentation, security information, and business information. Confidential Information does not include information that is or becomes public through no fault of the recipient, was rightfully known without restriction before disclosure, is independently developed, or is rightfully received from a third party without duty of confidentiality.
• “Customer Feedback” means any suggestions, ideas, enhancement requests, recommendations, comments, feedback, improvements, corrections, or other input provided by Customer or its users regarding the Services, Equipment, software, documentation, or Audian’s business, whether provided orally, in writing, electronically, or otherwise.
• “Equipment” means any Audian-supplied equipment, however branded, that you use, purchase, or lease in connection with the Services.
• “Services” means the services Audian provides to you under this Agreement, however branded, as identified on your Service Order(s) and described in the applicable Service Schedules.
• “Service Order” means an ordering document (including a sales order, quote, or order form) executed or accepted by you that identifies Services, pricing, and commitment terms and incorporates these Master Terms.
• “Unmanaged AI Tools” means any artificial intelligence tool or service that is not an Audian-Managed AI Service, including personal or consumer accounts with third-party AI providers, AI browser extensions, and AI features embedded in third-party software that you or your users enable.

2. Document Framework; Order of Precedence

2.1 Incorporated Documents. The following documents (collectively, the “Other Documents”) are incorporated into and form part of the agreement between you and Audian (the “Agreement”), in each case as applicable to the Services you purchase: (a) your Service Order(s) and any order confirmation materials; (b) the Service Schedules applicable to your Services (Section 3); (c) the Audian Service Level Agreement (the “SLA”); (d) the Audian Acceptable Use Policy (the “AUP”); (e) the Audian Privacy Policy; and (f) any other policies or addenda identified on your Service Order or published on Audian’s Legal Information page.

2.2 Order of Precedence. If there is a conflict among the documents comprising the Agreement, the conflict is resolved in the following order, with each document controlling over those below it, to the extent of the express conflict only:

1. a separate written agreement signed by both you and Audian (such as a Managed Networking Services Agreement or a negotiated master services agreement);
2. your Service Order;
3. the applicable Service Schedule(s);
4. the SLA;
5. these Master Terms;
6. the AUP and other published policies.

2.3 Separate Written Agreements Control. For the avoidance of doubt, where a separate written agreement signed by both parties exists between you and Audian, that agreement controls over these Master Terms on any matter it expressly addresses — including dispute resolution, venue, indemnification, and limitations of liability — without any further opt-out, election, or writing being required.

2.4 Versions. Each document comprising the Agreement is versioned. The version of each published document in effect on the date you execute a Service Order is identified on that Service Order and governs that Service Order, except as those documents are subsequently modified in accordance with Section 8. Historical versions of all published documents are available from Audian upon request and through Audian’s published version history.

2.5 EULAs. Certain Services are subject to third-party or Audian end-user license agreements (“EULAs”), which bind the parties with respect to those Services. If a EULA or any of its provisions is unenforceable, this Agreement governs the supply of those Services.

3. Service Schedules

3.1 Service Schedules. Audian publishes service-line terms in separate schedules (each a “Service Schedule”), currently: the Voice & Telecom Schedule (hosted voice, SIP trunking, SMS, fax, and related telecom services, including 911 disclosures and number porting); the Managed IT Schedule (managed IT service plans, time-and-materials IT services, and AI engineering services); the Managed Network Schedule (managed wired and wireless networking); the Internet Schedule (internet access services where Audian is the internet service provider); and the Camera & Physical Security Schedule (cameras, recorders, and video surveillance).

3.2 Scope. Each Service Schedule applies only to the Services within its stated scope, and only if your Service Order includes Services of that type. No Service Schedule imposes obligations on you for Services you do not purchase. Provisions of a Service Schedule control over these Master Terms with respect to the Services it covers.

4. Accounts and Administration

4.1 Designations and Authorizations. You may designate one or more users as administrators of your account through the Audian user interface or by contacting Audian. Administrators may make changes to the account (service additions and deletions, user assignment, payment method updates), and you authorize Audian to act on their instructions and commit to pay for Services and Equipment they add. Additions are confirmed by email to the address you provide, and those confirmations form part of the Agreement. If Audian requests written confirmation of an account change, you agree to provide it within two business days.

4.2 Primary Account Manager. The primary administrator of your account (the “Primary Account Manager”) is the individual who entered into the Agreement or the individual identified on your Service Order. Only the Primary Account Manager may authorize cancellation of the account or reassign Primary Account Manager status. To reassign the Primary Account Manager where that person is unavailable, Audian requires a written request on your letterhead executed by an officer or owner of the Customer, or an email from the Primary Account Manager’s address on file. Audian may require reasonable proof of the requester’s authority — for example, government or Secretary of State business records or formation documents — before acting, and may decline a request it cannot reasonably verify.

4.3 Company Contact. The Primary Account Manager or any administrator may designate the “Company Contact” — the individual who receives notices of general relevance to the account (account updates, billing notices, maintenance alerts), typically by email. Audian initially assigns the Primary Account Manager as the Company Contact.

4.4 Authorized Users. If you allow other individuals to use the Services, they are “users” included in “you” and “your,” and you are responsible for their use.

5. Orders; Electronic Signatures and Records

5.1 Service Orders. Services are ordered through Service Orders generated by Audian or its authorized dealers. Each Service Order identifies the Services, pricing, commitment term, and the versions of the published documents it incorporates. Where the actual quantity or configuration of Services is determined at installation (for example, the number of phones, devices, or endpoints), Audian will confirm the installed quantities, and your Service Order and first invoice will reflect the Services actually installed, billed at the rates stated on your Service Order.

5.2 Electronic Signatures and Electronic Records. Customer consents to the use of electronic signatures, electronic records, and electronic notices in connection with the Agreement and the Services. Electronic signatures and acceptances shall have the same legal effect as handwritten signatures. Audian may provide agreements, policies, disclosures, invoices, notices, Service Orders, amendments, and other records electronically, including by email, customer portal, website posting, or other electronic means. Customer is responsible for maintaining a current email address and is deemed to have received electronic records when sent or made available by Audian. Customer may request paper copies of records and may withdraw consent to electronic records by written notice to Audian; however, if electronic records are reasonably necessary to administer the Services, Audian may terminate affected Services upon written notice.

6. Payment and Billing

6.1 Recurring Billing; Responsibility. Recurring Services are billed monthly — in advance or in arrears as stated in the applicable Service Schedule or your Service Order — and renew automatically each month during the term. You agree to pay all fees charged to your account, including recurring charges, set-up charges, usage charges, Equipment charges, and applicable taxes and fees. You authorize Audian to obtain payment of your then-current statement balance each month from any payment method you have on file. If a charge is declined, Audian may reattempt it and may charge any other valid payment method you have on file.

6.2 Payment Method. You agree to provide a valid email address and a current, valid payment method, and to advise us immediately if either changes or expires. You authorize Audian to bill your payment method automatically until Services are cancelled in accordance with Section 7. You agree that Audian may receive updated account information from the financial institution issuing your payment method. Payment by check requires Audian’s prior written approval. Returned checks incur a $25 processing fee; wire transfers incur a $30 charge.

6.3 Due Dates; Late Charges; Suspension. Except as the applicable Service Schedule or your Service Order states otherwise, recurring fees are due in advance on the first day of each billing period, and usage-based and non-recurring charges are due in arrears on the first day of the billing period following the month incurred. Equipment and set-up fees are due at the time of order; the first month of service is pro-rated from the Service Commencement Date (Section 7.1). Payments are non-refundable except as expressly provided in the Agreement. Failure to pay in full may result in account suspension, and Audian has no liability for suspension resulting from non-payment. Reactivation requires payment in full plus a $25 reconnect fee and will be completed within 24 hours of receipt. A late charge of 1.5% per month (or the highest rate allowed by law, if higher) applies to balances more than 30 days past due. You are responsible for Audian’s costs of collection, including reasonable attorneys’ and collection fees. Acceptance of partial or late payment does not waive Audian’s right to collect the full amount due.

6.4 Suspension Effects; Termination for Non-Payment. During suspension for non-payment, Services are unavailable, and any data-dependent services (such as backup or recordings retention) are inaccessible; Audian and the Audian Parties have no liability for resulting loss or unavailability of data. If payment is not received within five days after notice, Audian may terminate the Agreement, with termination effective ten days later.

6.5 Deposits; Accelerated Billing. If your usage-based charges are, in Audian’s reasonable opinion, substantial, Audian may process charges before your regular billing cycle and/or require a non-interest-bearing deposit approximating your forecasted monthly usage, on ten days’ notice. Deposits are held during the term, may be adjusted as usage changes, and are refunded less any past-due balance at account closure.

6.6 Taxes and Fees. Prices do not include taxes, regulatory fees, surcharges, or Audian’s cost-recovery fee, all of which are your responsibility. Audian assesses a cost-recovery fee on Voice Services, which appears on your invoice as “Carrier Cost Recovery (VoIP).” The fee is charged as a fixed percentage of the applicable Voice Service charges and recovers Audian’s own costs of regulatory compliance, carrier and network cost burdens, government assessments imposed on Audian, numbering administration, telecommunications relay service obligations, regulatory reporting, and related administrative and operational costs. The fee is not a tax imposed on you, is not a pass-through of any specific tax, surcharge, or governmental fee, and is separate from the taxes, surcharges, and regulatory fees itemized separately on your invoice — which may include the federal Universal Service Fund, E911 and E988, FCC regulatory fees, state public utility and public purpose surcharges, sales tax, and utility users tax. The fee may exceed or be less than Audian’s actual costs, and applies only to Voice Services identified on your Service Order. Audian may change the fee at any time. The fee is not subject to the price protection in Section 6.8 and may change during an Initial Term or Renewal Term. Audian will not provide advance notice of changes to taxes, surcharges, or fees except as required by law. Audian does not administer or process tax-exemption claims, and tax exemptions do not apply to telecommunications taxes, regulatory fees, or surcharges (including those on Voice Services); any exemption you are entitled to must be pursued by you directly with the applicable taxing authority.

6.7 Invoice Disputes. Customer must notify Audian in writing of any disputed invoice, charge, or billing discrepancy within sixty (60) days after the date of the applicable invoice. Undisputed amounts remain payable when due. Disputes not raised within 60 days are waived. If you accept a credit, refund, or other compensation to resolve a disputed charge, the matter is fully and finally resolved. All transactions are charged in U.S. dollars.

6.8 Fee Changes. Pricing for Services on a Service Order will not increase during the Initial Term except as stated on the Service Order. After the Initial Term, Audian may change fees upon thirty (30) days’ notice by email or postal mail. New Services added during any term are billed at then-current published rates.

7. Term, Renewal, and Cancellation

7.1 Initial Term; Service Commencement. The Initial Term for each Service begins on its Service Commencement Date and continues for the minimum commitment period identified in the applicable Service Order (the “Initial Term”). The “Service Commencement Date” is the date Audian makes the applicable Service available for use and notifies Customer that the Service is active. Each Service commences separately and may have its own Service Commencement Date.

7.2 Renewal. Unless otherwise stated in the applicable Service Order or Service Schedule, each Service Order automatically renews at the end of the Initial Term and each Renewal Term for successive one (1) year periods (each, a “Renewal Term”), unless either party provides written notice of non-renewal at least thirty (30) days before the expiration of the then-current term. A notice of non-renewal prevents the next Renewal Term from commencing but does not terminate the Service before the expiration of the then-current term.

7.3 Optional Conversion to Month-to-Month Service. Only Services designated by Audian as eligible for month-to-month service may be converted to month-to-month service at the end of the then-current Initial Term or Renewal Term. Eligible Services currently include Voice Services, Managed Network Services, and standalone subscription or licensing services. Managed IT Services, property agreements, managed network service agreements, and any other Services identified by Audian as ineligible may not be converted to month-to-month service. To elect month-to-month service, Customer must provide written notice at least thirty (30) days before the expiration of the then-current term. Upon conversion, the applicable Services will continue on a month-to-month basis, and all pricing, discounts, promotions, and incentives associated with the committed term will terminate. Month-to-month Services will thereafter be billed at Audian’s then-current month-to-month rates. Service Schedule provisions regarding month-to-month eligibility control over this Section to the extent of any conflict.

7.4 Customer Cancellation. Customer may cancel one or more Services, an entire Service Order, or the Agreement by providing at least thirty (30) days’ prior written notice from the Primary Account Manager by email to accounting@audian.com, or to another address Audian designates in writing for cancellation notices. Cancellation must be made in writing by email; Audian does not accept cancellation by telephone or fax, and fees continue to accrue until Customer cancels in accordance with this Section. The thirty (30) day notice period establishes the required cancellation procedure only and does not alter Customer’s financial obligations for any Service subject to an unexpired Initial Term or Renewal Term. Cancellation becomes effective thirty (30) days after receipt of notice unless a later effective date is specified in the notice. Audian will endeavor to confirm receipt of the notice, and completion of the cancellation, by email; if Customer does not receive confirmation of receipt, Customer must contact Audian support to confirm that the notice was received.

7.5 Effect of Cancellation During a Committed Term. If Customer cancels a Service, Service Order, or the Agreement before expiration of an applicable Initial Term or Renewal Term, Customer remains responsible for all recurring charges that would have become due during the remainder of the applicable committed term, which charges immediately accelerate and become due upon the effective date of cancellation. For Services governed by these Master Terms and the published Service Schedules, acceleration of the remaining committed recurring charges is the sole early-termination charge. Audian will not impose any separate termination fee unless expressly set forth in a separately executed agreement. Purchased Equipment, custom-configured Equipment, and special-order Equipment remain non-refundable notwithstanding cancellation or termination. The parties acknowledge that the damages resulting from early termination of a committed Service are difficult to determine with precision and that the amounts payable under this Section represent a reasonable estimate of the damages likely to result from such early termination and are not intended as a penalty.

7.6 Partial Cancellation. Cancellation of an individual Service does not terminate any other Service, Service Order, or the Agreement unless expressly stated in the cancellation notice. Cancellation of all Services under a Service Order terminates that Service Order but does not terminate any other Service Order then in effect. Termination of the Agreement automatically terminates all active Service Orders and Services as of the effective termination date.

7.7 Termination for Cause. Either party may terminate the Agreement, any Service Order, or any affected Service upon written notice if the other party materially breaches the Agreement and fails to cure the breach within thirty (30) days after receiving written notice describing the breach in reasonable detail. Termination under this Section is in addition to any other remedies available under the Agreement or applicable law.

7.8 Audian Suspension Rights. Audian may suspend Services as permitted elsewhere in the Agreement, including for non-payment, security concerns, AUP violations, fraud prevention, or other circumstances expressly authorizing suspension. Suspension does not constitute a waiver of Audian’s right to terminate under this Agreement.

7.9 Audian Termination Rights. In addition to its rights under Section 7.7, Audian may terminate the Agreement, a Service Order, or any Service immediately upon written notice if: (a) Customer fails to pay amounts due under the Agreement and does not cure within any applicable cure period; (b) Customer becomes insolvent, makes an assignment for the benefit of creditors, enters liquidation, or becomes subject to a bankruptcy or similar proceeding that is not dismissed within sixty (60) days; or (c) Customer engages in unlawful, fraudulent, abusive, or malicious conduct involving the Services.

7.10 Audian Termination for Convenience. Audian may terminate the Agreement, a Service Order, or any Service for convenience upon at least ninety (90) days’ prior written notice. If Audian terminates for convenience: (a) Customer will have no liability for accelerated charges, early-termination charges, or future recurring fees attributable to the terminated Services; (b) Customer will remain responsible only for amounts accrued before the effective date of termination; and (c) Audian will refund any prepaid fees attributable to periods after the effective date of termination.

7.11 Survival. Termination, cancellation, expiration, or non-renewal of a Service, Service Order, or the Agreement does not affect obligations that accrued before the effective termination date and does not affect provisions that by their nature survive, including payment obligations, confidentiality obligations, intellectual property provisions, indemnification obligations, limitations of liability, dispute resolution provisions, and return-of-equipment obligations.

7.12 Thirty-Day Satisfaction Guarantee. If you are not satisfied with newly installed Services within thirty (30) days after installation and activation, you may cancel the applicable Service Order without penalty or acceleration, using the procedure in Section 7.4. The guarantee applies to the Services. Leased Equipment must be returned in good working order in accordance with Section 11.2. Purchased Equipment is a final sale and is non-refundable — including any equipment Audian special-orders, custom-configures, or installs for you — and amounts paid or payable for Purchased Equipment are not affected by cancellation under this Section.

7.13 Data Upon Termination or Expiration. Customer may elect, within thirty (30) days after termination or expiration of the Agreement or of any Service, to have Audian return Customer data associated with the affected Services in a commonly used format or delete such data, subject to the Agreement, the applicable Service Schedule, and any applicable Data Processing Addendum. The election applies only to data that Audian then retains at the time the election is received. Audian has no obligation to preserve data, suspend or delay deletion, or reconstruct or recover data that has already been deleted in accordance with the applicable Service Schedule, Service Order, technical configuration, or Audian’s standard retention and deletion practices. Return of data is billable on a time-and-materials basis at Audian’s then-current rates, and, to the extent permitted by applicable law, Audian may condition performance of the return on Customer’s account being current for all undisputed amounts due and Customer’s prepayment of the quoted return fees and expenses. If Customer does not timely make an election, or after any requested return is completed, data associated with the terminated or expired Services, including recordings and backups, may be deleted in accordance with Audian’s standard retention and deletion practices without further notice, and Audian and the Audian Parties have no liability for the resulting deletion of data. Data retention, deletion, export, and recovery rights may be further limited or modified by the applicable Service Schedule, Service Order, technical configuration, operational practices, or Data Processing Addendum.

8. Changes to These Terms and the Services

8.1 Modifications. Audian may modify these Master Terms, the Service Schedules, the SLA, the AUP, the Privacy Policy, and the Services. Changes to published documents are posted to the Audian website with a revision history identifying each change and its effective date. Audian will notify the Primary Account Manager by email at least thirty (30) days before a material change to a document governing your Services takes effect. Other changes become effective on posting unless a later effective date is stated. Section 8.3 applies to material changes.

8.2 Pricing. Pricing within an Initial Term will not be modified except as stated in Section 6.8.

8.3 Material Changes. If Audian materially modifies the Agreement or the Services to your detriment during a committed term, you may cancel the affected Services as provided in Section 7 without the acceleration described in Section 7.5, by notice within thirty (30) days after the change takes effect. Your continued use of the Services after a change takes effect constitutes acceptance of the change.

9. Use of the Services

9.1 Compliance with Laws. You will use the Services only in compliance with applicable law in the jurisdictions where you use them, including laws governing intellectual property, privacy, call recording and monitoring, advertising, electronic communications, telemarketing, and export. You are solely responsible for your use and your users’ use of the Services. You agree to provide information reasonably requested by Audian to corroborate your compliance with the Agreement and applicable law.

9.2 Acceptable Use Policy. Your use of the Services is subject to the AUP, which is incorporated into the Agreement. Audian may block, suspend, or terminate Services, or block delivery of communications, to enforce the AUP, and may review the content of communications when investigating suspected violations, as described in the AUP.

9.3 No Resale. You are purchasing the Services and Equipment for your own business use and may not resell, transfer, or charge for them without Audian’s prior express written permission.

9.4 Restrictions. You may not: (a) reverse engineer, decompile, or disassemble any software underlying the Services except as permitted by law that cannot be contractually waived; (b) remove or alter copyright, proprietary, or restricted-rights notices, or any warnings made available through the Services or Equipment; (c) modify, translate, adapt, or create derivative works of such software; (d) circumvent or attempt to override any security component of the Services; (e) interfere with, overload, or disrupt the Services; or (f) use the Services in violation of the Agreement or applicable law.

9.5 Fraudulent Use; Credentials. You are responsible for securing all credentials used to access the Services, including device credentials and administrative logins, and for securing your networks using best-practice measures. You bear the risk of loss arising from unauthorized or fraudulent use of the Services or your credentials. Audian may, but is not obligated to, act to prevent or terminate fraud or abuse, and will provide timely notice of any such usage it identifies.

9.6 High Risk Use. You are solely responsible for any use of the Services in environments or applications where failure could lead to death, personal injury, or severe damage (“High Risk Use”), and for all costs incurred by Audian or others arising out of your High Risk Use, misuse, or unlawful use of the Services.

9.7 Your Content. To provide the Services, Audian transmits, records, and stores the content and logs of your communications, including SMS/MMS messages, voicemail, and call recordings. You and your users control what you transmit, and you are responsible for that content — including any sensitive or regulated information (such as Social Security or other government identifiers, payment-card, or health information) that you or your users include in messages, voicemail, or recordings. You must not transmit such information through the Services except where a Service is designed to handle it, and any Processing of Protected Health Information requires a Business Associate Agreement. Audian does not monitor the content of communications except as described in the AUP and the Privacy Policy.

10. Customer AI Use; Audian-Managed AI Services

10.1 Your Responsibility for Unmanaged AI Tools. As between you and Audian, you are solely responsible for your and your users’ use of Unmanaged AI Tools, including all data, credentials, and content disclosed to them and all output obtained from them. Audian has no responsibility for, and makes no representations regarding, the security, confidentiality, data handling, or output of Unmanaged AI Tools. Security incidents, data disclosures, regulatory violations, or service disruptions arising from the use of Unmanaged AI Tools are treated as causes outside Audian’s control for purposes of Section 12.2, and Audian’s services to investigate or remediate them are billable on a time-and-materials basis at then-current rates.

10.2 AI Governance Support. Audian provides AI advisory and governance services and will, on request, work with you to assess AI tools in use in your environment and bring them under appropriate management. Contact your Audian account team to engage these services.

10.3 Audian-Managed AI Services; Output. Artificial intelligence systems generate output that may be inaccurate, incomplete, or unsuitable for your purposes. You are responsible for human review of AI-generated output before relying on it for decisions that have legal, financial, medical, safety, or other consequential effects. Except as expressly stated in a Service Schedule or Service Order, Audian does not warrant the accuracy of AI-generated output and does not provide legal, medical, accounting, or other professional advice through Audian-Managed AI Services.

11. Equipment

11.1 Purchased Equipment. You may be required to purchase equipment (“Purchased Equipment”) to use the Services; if so, Audian will notify you before the Initial Term begins. Audian may resell equipment or facilitate purchase from third-party suppliers as an accommodation. The original equipment manufacturer, not Audian, is responsible for equipment defects; Audian passes through all manufacturer warranties to you. For equipment purchased through Audian, Audian will assist with warranty replacement and repair (submit a ticket at https://support.audian.ai); outside warranty, Audian will quote repair or replacement. You pay all shipping fees.

11.2 Leased and Rental Equipment. Lease and rental fees are subject to the Agreement. All leased and rental Equipment (including Equipment provided at no monthly charge as part of your contract) must be returned in good working order upon expiration, termination, or cancellation of the applicable Services, at your shipping expense. Retail pricing will be billed for damaged Equipment and for Equipment not returned within thirty (30) days after such expiration, termination, or cancellation.

11.3 Audian-Owned Equipment at Customer Sites. Where Audian installs Audian-owned Equipment at your premises as part of a managed Service, Audian retains ownership of that Equipment during the term. Upon expiration or termination of the applicable Services, Audian may, in its sole discretion, offer you a buyout option for the Equipment. If no buyout is offered or accepted, you will either (a) remove the Equipment at your expense and coordinate its return to Audian, or (b) request a quote for Audian to perform the removal. In all cases you are responsible for shipping and delivery costs of returning the Equipment.

11.4 Trial Equipment. Where Audian provides Equipment on a trial basis (as identified on your Service Order or trial offer), you may use the Equipment for the stated trial period at no charge. If you do not return trial Equipment in new or like-new condition within the trial period (or such longer period as the trial offer states), Audian will bill your payment method for the Equipment at then-current retail rates, and you authorize that charge. Return shipping for trial Equipment is at your expense unless the trial offer states otherwise.

11.5 Damage by Third Parties. If a third party at your premises (for example, another trade performing work) damages Audian-owned Equipment or Equipment Audian maintains, and you ask Audian to repair the damage, Audian is entitled to compensation at its normal hourly rates plus materials, with an overhead fee of thirty percent (30%) in addition to time and materials. Payment is due in accordance with Audian’s standard billing practices.

11.6 Site Access. Where Audian installs, maintains, or supports Equipment at your premises, you will provide Audian safe, timely, and adequate access to the premises and to the locations housing that Equipment for installation, maintenance, and outage response. You will designate an on-site contact who can be reached during an outage or service event, and you will arrange the means of physical access Audian reasonably needs — including keys, access cards, door or gate access, and alarm codes or escort — including for after-hours emergency response. If Audian’s access is delayed or denied, Audian’s installation, response, and restoration obligations (including any SLA commitments) are tolled for the duration, the resulting unavailability is excluded from SLA measurement and is not Audian’s responsibility, and time spent waiting for or arranging access may be billable under Section 12.

12. Service Calls; Maintenance; Out-of-Scope Work

12.1 Maintenance Commitment. For managed Services, Audian provides routine and emergency response, hardware replacement as described in the applicable Service Schedule, and routine software and firmware upgrades for Audian-managed systems, in accordance with the applicable Service Schedule and the SLA.

12.2 Fault-Based Service Call Billing. Service calls arising from hardware or network failure within Audian’s control are performed at no charge, including after-hours, weekend, and holiday response. Service calls arising from causes outside Audian’s control — including misuse, vandalism, theft, casualty, power events, failure of customer-supplied infrastructure or third-party services, or the acts or omissions of you, your users, or third parties — are billable on a time-and-materials basis at Audian’s then-current rates.

12.3 Out-of-Scope Work. Work beyond the scope of the Services described in your Service Order and the applicable Service Schedules requires a separate written agreement or a change to your Service Order. Audian has no obligation to perform out-of-scope work, and any out-of-scope work performed at your request without separate written agreement is billable on a time-and-materials basis at then-current rates. Where a change materially increases the scope of a project (for example, in IT or networking work), Audian may, in its discretion, suspend work pending an updated Service Order, invoice the updated amounts, and adjust any required deposit accordingly; for smaller changes Audian may instead bill the additional Services through at then-current rates.

13. Privacy; Consent to Communications

13.1 Privacy Policy. Audian’s Privacy Policy (https://audian.ai/privacy) describes how Audian collects and uses personal and other information from its websites, applications, and Services, and is a material part of the Agreement. Changes to the Privacy Policy are made and published as described in Section 8 and in the Privacy Policy itself. If you do not accept the Privacy Policy, you may not use the Services.

13.2 Consent to Communications. Audian uses the public Internet and third-party networks to provide voice and data services and cannot guarantee the security of communications in transit. By providing information to Audian, you consent to being contacted by Audian by phone, mobile phone, email, mail, or otherwise regarding the Services. You authorize Audian to provide information you supply to third parties as necessary to provide the Services, for so long as you receive Services.

14. Confidentiality

Each party will use the other’s Confidential Information only to perform under the Agreement, will protect it with at least reasonable care, and will not disclose it except to employees, contractors, and advisors with a need to know who are bound by obligations at least as protective. A party may disclose Confidential Information to the extent required by law or legal process, with reasonable advance notice to the other party where legally permitted. These obligations survive expiration or termination of the Agreement for three (3) years, and indefinitely for trade secrets.

15. Insurance

Audian maintains commercial insurance coverage consistent with industry standards for managed service providers, including commercial general liability, workers’ compensation, umbrella, technology errors and omissions (professional liability), and cyber liability coverage. Certificates of insurance and per-engagement coverage details are available upon request and may be specified in a separate written agreement.

16. Intellectual Property; License; Publicity

16.1 Ownership. The Services — including all data, materials, technology, and software comprising them — and the Equipment are protected by intellectual property laws, and all title and intellectual property rights in them are and remain the exclusive property of Audian, its licensors, and suppliers. All rights not expressly granted are reserved.

16.2 License. Subject to your compliance with the Agreement, you are granted a revocable, limited, non-transferable, non-exclusive license to access and use the Services with the Equipment for your business use during the period for which you have paid. You may not copy, distribute, sell, sublicense, or create derivative works from the Services or any software underlying them, except as expressly permitted in writing by Audian.

16.3 Publicity. You may not use Audian’s name, logo, or trademarks in marketing or promotional materials without Audian’s prior written consent. Audian may identify you as an Audian customer and use your name and logo for that purpose — including in customer lists, on its website, and in marketing and promotional materials — subject to any trademark usage guidelines you provide. You may direct Audian to stop using your logo at any time on written notice, and Audian will cease such use prospectively within a reasonable period. Any goodwill arising from use of a party’s marks inures to the mark owner.

16.4 Customer Feedback. Customer Feedback is provided voluntarily. Customer grants to Audian a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable right and license to use, reproduce, modify, distribute, display, perform, commercialize, and otherwise exploit Customer Feedback for any lawful purpose. As between the parties, Audian owns all improvements, modifications, enhancements, and derivative works created or developed by or for Audian based on or incorporating Customer Feedback, and Customer will have no right to compensation arising from Audian’s use of Customer Feedback.

16.5 Aggregated and Anonymized Data. Customer acknowledges that Audian may collect, create, generate, compile, and use Aggregated and Anonymized Data in connection with the operation, delivery, support, maintenance, improvement, security, analytics, benchmarking, reporting, marketing, and development of the Services and Audian’s products and services. As between the parties, Audian owns all right, title, and interest in and to the Aggregated and Anonymized Data. Nothing in this Agreement grants Customer any ownership interest in the Aggregated and Anonymized Data. Audian will not disclose Aggregated and Anonymized Data in a manner that identifies Customer, its users, or any natural person.

17. Non-Solicitation; Conversion Fee

17.1 Non-Solicitation; Conversion Fee. If, during the term of the Agreement (including any Initial Term and Renewal Term) or within twelve (12) months thereafter, Customer directly employs or directly engages as an independent contractor any employee of Audian who performed material Services for Customer under this Agreement during the preceding twelve (12) months, Customer shall pay Audian a conversion fee equal to twenty-five percent (25%) of such individual’s first-year annualized base compensation. The conversion fee shall be due within thirty (30) days after the commencement of such employment or engagement. The parties acknowledge and agree that the conversion fee is intended to reasonably compensate Audian for recruiting, sourcing, onboarding, training, retention, and replacement costs associated with personnel assigned to Customer and is not intended to restrict any individual’s ability to seek or accept employment or other work opportunities. The parties further acknowledge that the conversion fee represents a reasonable estimate of such costs and is not a penalty.

17.2 Public Posting Exception. Notwithstanding the foregoing, no conversion fee shall be owed if the individual independently applies for a position in response to a publicly advertised job posting of Customer that is generally available to the public, provided that Customer did not directly or indirectly encourage, solicit, recruit, refer, interview, contact, pursue, or otherwise target the individual before the individual’s application for such position. For purposes of clarification, the foregoing exception shall not apply if Customer became aware of the individual through the Services or the parties’ relationship under this Agreement and thereafter, directly or indirectly, initiated or facilitated discussions regarding potential employment or engagement.

18. Warranties; Disclaimers

EXCEPT AS EXPRESSLY PROVIDED IN THE SLA OR A SERVICE SCHEDULE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUDIAN PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” AND AUDIAN AND THE AUDIAN PARTIES MAKE NO REPRESENTATIONS, WARRANTIES, GUARANTEES, OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, ACCURACY, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. AUDIAN DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OF THE SERVICES OR EQUIPMENT, THAT DATA WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE TIME, OR THAT THE SERVICES WILL BE FREE OF FAILURE, DELAY, INTERRUPTION, DEGRADATION, OR LOSS OF CONTENT OR DATA. STATEMENTS IN PACKAGING, MANUALS, OR OTHER DOCUMENTS NOT EXPRESSLY INCORPORATED INTO THE AGREEMENT, AND STATEMENTS BY AUDIAN PERSONNEL, ARE INFORMATIONAL ONLY AND ARE NOT WARRANTIES. NO ONE IS AUTHORIZED TO MAKE A WARRANTY ON AUDIAN’S BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. WHERE THE SLA PROVIDES SERVICE LEVEL COMMITMENTS, THE REMEDIES STATED IN THE SLA ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR FAILURE TO MEET THEM. “AUDIAN PARTIES” MEANS AUDIAN, ITS SUBSIDIARIES AND AFFILIATES, VENDORS, SUPPLIERS, AND LICENSORS, AND THE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS OF EACH.

19. Limitation of Liability

19.1 No Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AUDIAN OR THE AUDIAN PARTIES BE LIABLE, UNDER ANY THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE), FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS OR REVENUE, LOSS OF DATA OR INFORMATION, BUSINESS INTERRUPTION, COST OF SUBSTITUTE GOODS OR SERVICES, OR FAILURE TO TRANSMIT OR RECEIVE DATA, ARISING OUT OF OR RELATED TO THE SERVICES, THE EQUIPMENT, OR THE AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.

19.2 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF AUDIAN AND THE AUDIAN PARTIES ARISING OUT OF OR RELATED TO THE AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO AUDIAN FOR THE AFFECTED SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM. Service credits expressly provided under the SLA are Customer’s sole and exclusive monetary remedy for the applicable service-level failure and do not reduce the liability cap in this Section 19.2. All other refunds, credits, rebates, or monetary amounts paid, credited, or owing by Audian under the Agreement will count toward, and not be in addition to, the limitations of liability set forth herein, unless the Agreement expressly states otherwise.

19.3 Exceptions. Section 19.2 does not limit your payment obligations or either party’s liability for its fraud or willful misconduct. Any amounts paid or payable to Audian under Section 17.1 are specifically excluded from the liability cap.

20. Indemnification

20.1 By Customer. You will indemnify, defend, and hold harmless Audian and the Audian Parties from and against third-party claims, demands, actions, penalties, fines, losses, damages, settlements, liabilities, costs, and expenses (including reasonable attorneys’ fees) to the extent arising out of: (a) your or your users’ use or misuse of the Services or Equipment, including use by anyone who accesses the Services through your account, with or without your permission; (b) your breach of the Agreement, including the AUP; (c) your violation of applicable law in connection with the Services, including communications, telemarketing, recording, privacy, and consumer-protection laws; (d) content or data you transmit, store, or process using the Services; (e) your use of Unmanaged AI Tools (Section 10.1); and (f) your High Risk Use of the Services. Customer’s obligations under this Section apply only to the extent of Customer’s acts, omissions, content, data, use of the Services, or other matters for which Customer is responsible under this Agreement, and do not apply to the extent a claim arises from Audian’s breach of this Agreement, violation of law, negligence, gross negligence, willful misconduct, or infringement of third-party intellectual property rights.

20.2 Procedure. Audian will provide you prompt notice of any claim subject to indemnification (delayed notice excuses your obligations only to the extent of resulting prejudice). Audian may, at your reasonable expense, assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with Audian’s defense. You may not settle any claim in a manner that imposes obligations or admissions on Audian without Audian’s prior written consent. These obligations survive expiration or termination of the Agreement.

21. Limitation of Actions

EXCEPT SOLELY TO THE EXTENT GOVERNING LAW REQUIRES A LONGER PERIOD THAT CANNOT BE CONTRACTUALLY SHORTENED, ANY CLAIM ARISING OUT OF OR RELATED TO THE AGREEMENT OR THE SERVICES MUST BE BROUGHT WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES, OR THE CLAIM WILL BE PERMANENTLY BARRED. THIS SECTION APPLIES REGARDLESS OF THE FORUM IN WHICH A CLAIM IS BROUGHT.

22. Dispute Resolution

22.1 Scope. This Section applies to all disputes between you and Audian except as provided in Section 22.8 — and does not apply at all where a separate written agreement signed by both parties specifies a different dispute resolution mechanism or forum, which controls under Section 2.3.

22.2 Billing Disputes. Disputes about invoices or charges are governed by Section 6.7.

22.3 Informal Resolution First. Before pursuing any dispute in arbitration or court, you must send a written description of your claim, in reasonable detail with relevant documents, to Audian, 11232 120th Ave NE Ste 206, Kirkland, WA 98033, and allow Audian a reasonable opportunity to resolve it. The parties will negotiate in good faith. If the dispute is not resolved within sixty (60) days after Audian receives your notice, either party may proceed under this Section.

22.4 Mandatory Mediation. Except as provided in Sections 22.6 and 22.8, any dispute not resolved through the good-faith negotiation required by Section 22.3 will first be submitted to mandatory mediation before a mutually agreeable mediator at JAMS in Seattle, Washington. If the parties cannot agree on a mediator, the then-current general manager of the JAMS Seattle resolution center will select and appoint the mediator. The parties will share the mediation fees and costs equally.

22.5 Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, or the relationship of the parties (each, a “Dispute”) not otherwise resolved under the mechanisms provided in Sections 22.3 or 22.4 shall be resolved exclusively through final and binding arbitration administered by JDR, LLC (“JDR”) under its then-current arbitration rules. The arbitration shall be conducted before a single neutral arbitrator who is a Washington State retired Superior Court judge. The parties shall attempt in good faith to mutually agree upon the arbitrator. If the parties are unable to agree, JDR shall appoint the arbitrator in accordance with its rules and procedures. If JDR is unavailable, unwilling to administer the arbitration, or unable to provide a qualified arbitrator within a commercially reasonable period of time, the arbitration shall be administered by JAMS in Seattle, Washington under its then-current Comprehensive Arbitration Rules and Procedures. If JAMS is unavailable or unwilling to administer the arbitration, the arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. In each case, the arbitration shall be conducted before a single neutral arbitrator who is a retired Washington State Superior Court judge, unless the parties otherwise agree in writing. The seat and venue of the arbitration shall be King County, Washington, unless the parties agree otherwise in writing. The arbitration shall be conducted in English. The arbitrator shall have authority to award any relief available under applicable law, subject to the limitations of liability, exclusions of damages, and other provisions of this Agreement. The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction. Notwithstanding the foregoing, either party may seek temporary, preliminary, or injunctive relief in a court of competent jurisdiction to protect its intellectual property rights, confidential information, data security interests, or other rights for which monetary damages would be an inadequate remedy, pending final resolution of the Dispute through arbitration. Each party bears its own attorneys’ fees and expert costs, and the parties share the arbitration fees and costs equally. The arbitrator may not award special or punitive damages except as expressly permitted by the Agreement. Issues relating to the scope and enforceability of this arbitration provision are for a court to decide.

22.6 Small Claims Option. Either party may pursue in small claims court in King County, Washington, any individual claim that qualifies for that court, instead of mediation and arbitration.

22.7 Class Action Waiver; Jury Waiver. ANY DISPUTE RESOLUTION PROCEEDING, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND NEITHER THE ARBITRATOR NOR THE COURT MAY CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. IF A DISPUTE PROCEEDS IN COURT FOR ANY REASON, EACH PARTY WAIVES, TO THE FULLEST EXTENT ALLOWED BY LAW, TRIAL BY JURY.

22.8 Exclusions from Mediation and Arbitration. The following are not subject to mediation or arbitration: (a) disputes over the validity of either party’s intellectual property rights; (b) claims arising from alleged unauthorized use, receipt, theft, or piracy of the Services; (c) collection actions for past-due amounts (which Audian or its assignee or collection agency may pursue in court, limited to the debt, interest, and permitted costs of collection; Audian disclaims, and you release Audian from, liability for the conduct of any collection agency; notwithstanding the foregoing, Audian may also elect to pursue collection claims in arbitration); and (d) requests by either party for interim or preliminary relief from a court of competent jurisdiction to protect its rights or property pending arbitration.

22.9 Severability of This Section. If any clause of this Section (other than the class action waiver) is unenforceable, it will be severed and the remainder enforced. If the class action waiver is found unenforceable, this entire Section 22 (other than the jury waiver) is unenforceable and the dispute will be decided by a court. This Section survives termination, cancellation, or expiration of the Agreement and of your customer relationship with Audian.

23. Governing Law and Venue

The Agreement, and any dispute arising out of or related to it or the Services, is governed by the laws of the State of Washington, without regard to its choice-of-law principles, and not by the United Nations Convention on Contracts for the International Sale of Goods. Subject to Section 22, the exclusive jurisdiction and venue for any dispute that proceeds in court lies in the state and federal courts located in King County, Washington, and each party consents and submits to that jurisdiction and venue.

24. Copyright Infringement Notices

If you believe your copyrighted material has been infringed using our website or Services, report it to Audian’s designated agent: Audian, Attn: Copyright Infringement Claims Agent, 11232 120th Ave NE Ste 206, Kirkland, WA 98033, or legal@audian.com (U.S. Copyright Office Designated Agent Registration No. DMCA-1074864). Include: (1) a description of the copyrighted work; (2) the location of the allegedly infringing material; (3) your contact information; (4) a statement of good-faith belief that the use is unauthorized; (5) a statement under penalty of perjury that your notice is accurate and that you are authorized to act for the copyright owner; and (6) a physical or electronic signature of the owner or authorized agent. Audian’s DMCA and repeat-infringer procedures are described in the AUP.

25. Force Majeure

Neither party will be liable for any delay, interruption, deficiency, or failure in the performance of its obligations under the Agreement to the extent caused by a Force Majeure Event. A “Force Majeure Event” means any cause or circumstance beyond the affected party’s reasonable control that materially prevents, delays, or impairs performance, including Internet, communications, utility, carrier, or cloud-service outages; failure of third-party products, platforms, software, services, or suppliers; changes in law or regulation; labor disputes; epidemics, pandemics, or public health emergencies; shortages of labor, materials, equipment, or transportation; earthquake, fire, flood, severe weather, natural disaster, war, terrorism, civil unrest, or other acts of God; criminal acts (including cyberattacks, ransomware events, or computer intrusions that circumvent commercially reasonable security measures); bankruptcy or cessation of operations of suppliers, licensors, carriers, or service providers; inability to obtain necessary equipment, services, permits, approvals, or rights-of-way; and acts, orders, or restrictions of governmental authorities. The affected party shall use commercially reasonable efforts to mitigate the effects of the Force Majeure Event and resume performance as soon as reasonably practicable. To the extent practicable, the affected party shall provide notice of the Force Majeure Event and its anticipated effect on performance. Performance is excused only for so long as the Force Majeure Event materially prevents, delays, or impairs such performance. Nothing in this Section relieves Customer of its obligation to pay amounts that accrued before the occurrence of the Force Majeure Event. If a Force Majeure Event materially prevents performance of a Service for more than ninety (90) consecutive days, either party may terminate the affected Service upon written notice, without further liability except for obligations accrued before the effective date of termination.

26. Export Compliance

You will comply fully with all applicable export laws and regulations of the United States, including the Export Administration Regulations, and will not export, re-export, divert, or transfer any portion of the Services or Equipment to any destination, entity, or person restricted or prohibited by U.S. export controls.

27. Assignment; Authority to Bind

The Agreement is personal to the Customer, and you may not assign it, or assign, transfer, or sublicense your rights in the Services, in whole or in part, without Audian’s prior written consent (not to be unreasonably withheld for an assignment to a successor in interest by merger or acquisition that assumes all of your obligations). Any purported assignment in violation of this Section is void. The individual accepting the Agreement represents and warrants that they are authorized to bind the Customer. Audian may assign all or part of the Agreement upon notice, and you agree to make subsequent payments as directed. The Agreement benefits no third party except Audian’s affiliates, subsidiaries, agents, predecessors, successors, and assigns.

28. General

28.1 Entire Agreement. The Agreement (these Master Terms together with the documents identified in Section 2) is the complete and exclusive agreement between the parties regarding its subject matter, notwithstanding any variance with any purchase order or other instrument you submit, whether or not formally rejected by Audian; additional or different terms in your purchase order or similar document are null and void. The Agreement may be modified as to you only as provided in Section 8 or in a writing signed by you and an authorized representative of Audian.

28.2 Severability; Waiver; Construction. If any provision is unenforceable, it will be reformed to the minimum extent necessary to make it enforceable without affecting the remaining provisions. Audian’s failure to enforce a right or provision is not a waiver unless acknowledged in writing. Section titles do not limit the terms of the Agreement. Audian is not liable for editorial, pictorial, or typographical errors in any communication.

28.3 Notices. Audian may provide notices under the Agreement by written document, email to the address on file, customer portal, or posting to the Audian website. Your notices to Audian must be given as specified in the applicable Section or, where unspecified, in writing to Audian, 11232 120th Ave NE Ste 206, Kirkland, WA 98033 or legal@audian.com.

28.4 Relationship. No joint venture, partnership, employment, or agency relationship exists between the parties or any third-party provider as a result of the Agreement or use of the Services.

Version history for this document is published at audian.ai and maintained in the audian-terms repository. This document is the successor to the Audian Terms of Service; archived prior versions are available upon request.

Versions

• 1.0.0 (October 21, 2026): First published version under the restructured Audian agreement framework, following outside-counsel review and Audian's reconciliation pass (cross-references, defined terms, expiration-or-termination triggers, and formatting) of 2026-10-20.

Earlier documents are listed on the Legal page.