Terms of Service

Last updated: May 19, 2026. These Terms of Service ("Terms") govern your access to and use of the website and services provided by The Extreme AI, Inc. ("The Extreme AI," "we," "our," or "us"). By accessing our website or engaging our services, you agree to these Terms.

1. Services

The Extreme AI provides AI automation consulting and deployment services to business clients ("Clients"). Services are delivered under individual engagement agreements, specifically Statements of Work (SOWs) executed between The Extreme AI and each Client.

These Terms govern: (a) your use of our public website (theextremeai.com), and (b) your use of the client portal and any related software tools. Detailed commercial terms for specific engagements are set forth in executed SOWs, which take precedence over these Terms in the event of any conflict.

We reserve the right to modify, suspend, or discontinue any part of our services with reasonable notice to affected clients.

2. Engagement Terms

The Diagnostic

All build engagements begin with The Diagnostic — a 14-day operational assessment priced at $2,500 USD. The Diagnostic fee is non-refundable after the work begins but is 100% credited against the first invoice of any subsequent build package if The Extreme AI and Client agree to proceed.

The Diagnostic will produce a written deliverable (the "Diagnostic Report") containing workflow maps, ROI projections, and a ranked build roadmap. The Diagnostic Report is Client's property upon delivery and payment.

Build Engagements

Build engagements are governed by a signed SOW specifying scope, deliverables, timeline, and fees. SOWs require signature from an authorized representative of each party before work begins. Material changes to scope require a written change order signed by both parties.

Retainer Services

Ongoing retainer services (monitoring, iteration, support) are billed monthly on the first of each month. Retainer engagements require 60 days' written notice to terminate.

3. Payment Terms

• Invoices are due within 14 days of issue unless otherwise specified in the SOW.
• Late payments accrue interest at 1.5% per month (18% per annum) from the due date.
• The Extreme AI may suspend work on active engagements if payment is more than 30 days past due, with written notice.
• Fees are stated in US dollars. International clients are responsible for any applicable foreign transaction fees or currency conversion costs.
• Tax: Clients are responsible for all applicable taxes, withholdings, or duties required by their jurisdiction. We will issue W-9 or W-8BEN forms upon request.

4. Intellectual Property

Client Owns the Work Product

Upon receipt of full payment for an engagement, Client owns all work product produced specifically for Client, including: agent code, prompts, integration scripts, workflow documentation, and configuration files. The Extreme AI assigns and transfers all right, title, and interest in such work product to Client upon payment.

The Extreme AI Retains Its Tools

The Extreme AI retains ownership of its proprietary methodologies, frameworks, generic tooling, and pre-existing intellectual property that may be incorporated into deliverables. Clients receive a perpetual, irrevocable, royalty-free license to use such components as incorporated into their deliverables.

Third-Party Components

Deliverables may incorporate open-source software or third-party APIs. The Extreme AI will document all such dependencies. Clients are responsible for compliance with applicable third-party licenses and API terms of service.

Website Content

The content on our public website — text, graphics, logos, and code — is owned by The Extreme AI, Inc. and protected by copyright law. You may not reproduce, distribute, or create derivative works from our website content without written permission.

5. Confidentiality

Each party agrees to keep confidential all non-public, proprietary information received from the other party ("Confidential Information") and to use it only for the purpose of the engagement. Both parties will use at least the same degree of care to protect the other's Confidential Information as they use to protect their own, but no less than reasonable care.

Confidential Information does not include information that: (a) is or becomes publicly known through no breach of this agreement; (b) is received from a third party without restriction; (c) is independently developed without use of the Confidential Information; or (d) is required to be disclosed by law or court order, provided the disclosing party gives prompt written notice.

For clients requiring a separate, signed Non-Disclosure Agreement before discussions begin, please contact us. We are NDA-ready from the first email.

6. Warranties and Representations

By The Extreme AI

We warrant that: (a) we have the right to enter into this agreement and perform the services; (b) services will be performed in a professional and workmanlike manner consistent with industry standards; (c) to our knowledge, deliverables will not infringe third-party intellectual property rights.

By Client

Client warrants that: (a) Client has the right to enter into this agreement; (b) Client has the right to provide access to any data, systems, or credentials shared with The Extreme AI; (c) Client's use of deliverables will comply with applicable law.

Disclaimer

EXCEPT AS EXPRESSLY SET FORTH ABOVE, SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT AI AGENT OUTPUTS WILL BE ERROR-FREE OR ACHIEVE ANY PARTICULAR BUSINESS OUTCOME.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EXTREME AI'S TOTAL LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR ANY ENGAGEMENT SHALL NOT EXCEED THE FEES PAID BY CLIENT IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The limitations in this section do not apply to: (a) either party's indemnification obligations; (b) damages arising from gross negligence or willful misconduct; (c) breaches of confidentiality; or (d) Client's obligation to pay fees.

8. Indemnification

Each party ("Indemnifying Party") agrees to defend, indemnify, and hold harmless the other party and its officers, directors, employees, and agents from any third-party claims, losses, or damages arising from: (a) the Indemnifying Party's breach of these Terms; (b) the Indemnifying Party's negligence or willful misconduct; or (c) Client's use of deliverables in a manner that violates applicable law or third-party rights.

9. Termination

Termination for Cause

Either party may terminate an engagement immediately upon written notice if the other party: (a) materially breaches these Terms or the applicable SOW and fails to cure such breach within 14 days of written notice; (b) becomes insolvent, makes a general assignment for the benefit of creditors, or has a receiver appointed; or (c) ceases to conduct business in the ordinary course.

Termination for Convenience

Client may terminate a build engagement with 30 days' written notice. Client will be invoiced for all work completed through the termination date and all non-cancelable costs incurred. Retainer engagements require 60 days' notice as stated in Section 2.

Effect of Termination

Upon termination: (a) all licenses granted by The Extreme AI terminate, except for Client's ownership of completed and paid deliverables; (b) each party will return or destroy the other's Confidential Information within 30 days; (c) Client will pay all outstanding invoices within 14 days of termination.

10. Acceptable Use of Website

When using our public website, you agree not to:

• Attempt to gain unauthorized access to any system, account, or network connected to our website
• Scrape, crawl, or extract content from our website in a manner that places unreasonable load on our servers
• Transmit malware, viruses, or any code designed to damage or disrupt systems
• Use our website for any illegal purpose or in violation of any applicable law or regulation
• Impersonate any person or entity or misrepresent your affiliation with any person or entity

11. Dispute Resolution

Before initiating any formal legal proceeding, both parties agree to engage in good-faith negotiation for at least 30 days to resolve any dispute. If negotiation fails, disputes will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures. Arbitration will take place in Delaware. The arbitrator's decision will be final and binding, and may be entered as a judgment in any court of competent jurisdiction.

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.

Class action waiver: All disputes must be brought in each party's individual capacity. Neither party may participate as a plaintiff or class member in any class action proceeding.

12. Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of law principles. For matters not subject to arbitration, each party consents to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware.

13. Changes to These Terms

We may update these Terms at any time. For material changes, we will provide at least 30 days' written notice to active clients by email. For changes that do not materially affect your rights, we will post the updated Terms on this page with a new "Last updated" date. Your continued use of our services after the effective date of any change constitutes acceptance of the updated Terms.

14. Contact

For questions about these Terms:

The Extreme AI, Inc.
8 The Green STE B
Dover, DE 19901
United States
Email: info@theextremeai.com