Terms of Service — Business

Version: 2026-04-v1 — Last updated: 13 April 2026

1. Status

These terms apply to Aidana Business customers, including companies, public bodies, and professional users entering into an agreement for a commercial subscription.

This document is intended to serve as a standalone agreement for business customers and to be used together with the Data Processing Agreement (DPA) where Frostgate processes personal data on the customer's behalf.

2. Scope

These terms apply to customers that are legal entities or professional users using Aidana as a business service.

Individual users and consumers shall use the Terms of Service — Personal.

Enterprise customers may in addition receive special terms in an enterprise addendum, an order form, Statement of Work, or other signed customer appendix.

Where Frostgate processes personal data on the customer's behalf as a processor, the DPA forms a binding part of the contractual relationship when the customer expressly accepts it through the relevant clickwrap, signup, upgrade, order, or other documented accession flow, or signs another agreement incorporating it.

3. Accounts, Users, and Customer Responsibility

The customer is responsible for its own users, access levels, integrations, and all use occurring under the customer's accounts.

The customer shall ensure that only authorized persons are given access to the service and shall, without undue delay, notify Frostgate of suspected misuse, compromise, or security breaches relating to the customer's account.

The customer is responsible for ensuring that use of the service complies with applicable law, internal policies, and any regulatory requirements applicable to the customer's business.

The person accepting these terms on behalf of the customer represents that they have the necessary authority to bind the organization.

4. License and Intellectual Property Rights

Frostgate grants the customer a limited, non-exclusive, non-transferable, and revocable license to use the Aidana service in accordance with these terms and the selected subscription.

Frostgate and its licensors own all rights to the service, software, architecture, design, documentation, and underlying technology.

The customer retains rights to its own content and data.

The customer may use AI output in its own business, but Frostgate gives no guarantee that such output is original, fully available for exclusive use, or free from third-party rights.

5. Fees, Payment, Term, and Renewal

The customer shall pay the prices, fees, and any charges set out in the order, order form, or other commercial agreement.

Unless expressly agreed otherwise, the subscription runs for the agreed term and renews automatically for a corresponding term unless terminated with reasonable notice before renewal.

Invoice, card payment, or other payment methods may be used in accordance with the agreed setup.

In the event of late payment, Frostgate may charge late payment interest in accordance with the applicable statutory rate under Norwegian law, temporarily suspend access, or terminate the service after prior notice, unless the breach is minor or reasonably disputed.

Taxes, duties, and public fees connected with the customer's purchase shall be borne by the customer unless otherwise required by mandatory law.

6. Customer Content and Data Use

The customer is responsible for all content uploaded, processed, or otherwise made available through the service on the customer's behalf.

The customer represents that it has the necessary rights, permissions, and legal bases to use the service with the relevant content and personal data.

Where Frostgate acts as the customer's processor, such processing is further governed by the DPA and any documented instructions from the customer.

7. AI-Specific Disclaimers

Aidana gives no guarantee that AI output is accurate, complete, up to date, or suitable for the customer's purpose.

The customer must verify generated output before internal or external use, especially where output may affect legal, regulatory, financial, security, or reputational matters.

Aidana does not provide legal, medical, financial, or other professional advice. The service is a support tool.

AI models may produce biased, misleading, or inconsistent output. If web search or external sources are used, results may also be affected by errors, omissions, or manipulation in third-party content.

Frostgate may change models, providers, functionality, and technical architecture over time. Such changes may affect output, performance, and the provider chain, provided material changes are handled in accordance with the agreement and applicable law.

8. Acceptable Use

The customer must not use the service to:

  • violate applicable law or third-party rights
  • distribute malware, spam, or harmful software
  • carry out unlawful acts, hacking, security attacks, scraping, or attempts to bypass security controls
  • process personal data or other content without the necessary legal basis or sufficient internal approvals
  • use the service in a manner that may reasonably harm Frostgate's systems, other customers, or third-party providers

Frostgate may suspend or terminate access in the event of material or repeated breaches of these rules.

9. Confidentiality

Each party shall protect the other party's confidential information with at least the same degree of care it uses for its own similar information, and no less than reasonable care.

Confidential information may only be used to the extent necessary to perform the agreement.

This obligation does not apply to information that is publicly known without breach, lawfully received from a third party, or required to be disclosed by law or public authority order.

10. Privacy and Data Processing

Aidana's Privacy Notice applies to personal data processed by Frostgate as controller.

Where Frostgate processes personal data on the customer's behalf, the DPA shall apply and shall be accepted through the relevant documented accession flow before such processing starts, unless applicable law provides a narrower exception. Frostgate's standard DPA is made available on the website or in the service as a downloadable document.

If use of the service requires a transfer mechanism for personal data outside the EEA, relevant mechanisms, including any SCCs, TIA assessments, or other supplementary measures, shall be governed by the DPA, a separate transfer addendum, or other express contractual documentation. The customer is responsible for its own legal basis and instructions, while Frostgate shall provide reasonably relevant information about the provider chain, regional choices, and processing setup where necessary for such assessment.

Frostgate shall make the current versions of these terms and the DPA reasonably available as downloadable documents and shall maintain a version history or other reliable record of the versions incorporated into the customer's contract.

11. Support, Availability, and Changes to the Service

The customer receives support and service levels in accordance with the selected subscription or a separate agreement.

Standard self-service Business subscriptions do not include any uptime commitment, service credits, dedicated response times, or enhanced enterprise incident reporting unless this is expressly stated in an order form, service description, or separate SLA.

Frostgate seeks to deliver the service with reasonable stability and security, but does not guarantee uninterrupted or error-free operation unless this follows from a separate SLA.

Frostgate may make reasonable changes to functionality, user interface, model choice, technical operations, and provider setup over time.

For the purposes of these terms, a Material Change means a change that is reasonably expected to materially affect one or more of the following:

  • the customer's core use of the service
  • the provider chain in a way that materially changes data regions, transfer mechanisms, or subprocessors relevant to the customer's use
  • the service's security or compliance profile in a way that may reasonably require reassessment by the customer
  • the customer's rights or obligations under these terms or the DPA

Ordinary bug fixes, security patches, usability improvements, routine model updates, and other changes that do not materially reduce the customer's rights or protections are not in themselves Material Changes.

Material Changes affecting provider chain, data regions, transfer mechanisms, or subprocessors relevant to the Customer's use shall normally be notified at least thirty (30) days in advance before they take effect, unless law, urgent security needs, or acute operational circumstances make prior notice impracticable.

If a Material Change is reasonably expected to have a materially negative effect on the customer's privacy, security, compliance position, or contractual rights, the customer may terminate the affected subscription, or if the change affects the service more broadly, the agreement as a whole, before the change takes effect.

12. Disclaimer of Warranties

The service is provided "as is" and "as available," unless otherwise expressly agreed in writing.

To the extent permitted by law, Frostgate disclaims all express and implied warranties, including warranties of merchantability, fitness for a particular purpose, uninterrupted operation, and non-infringement.

This provision does not limit liability that cannot lawfully be disclaimed under mandatory law.

13. Limitation of Liability

To the extent permitted by law, Frostgate's aggregate liability is limited to the amount actually paid by the customer for the Aidana service during the twelve (12) months before the claim arose.

Frostgate is not liable for indirect loss, consequential damages, lost profits, loss of revenue, loss of data, loss of goodwill, or other consequential loss.

The limitation of liability does not apply where liability cannot lawfully be limited and should be read together with any special terms agreed for enterprise customers.

14. Indemnification

The customer shall indemnify Frostgate against claims, losses, liabilities, and reasonable costs arising out of:

  • the customer's content
  • the customer's use of the service in breach of law or agreement
  • third-party claims based on the customer's lack of rights or legal basis for content or personal data used in the service

This provision does not apply to the extent the claim is caused by Frostgate's own breach or matters for which Frostgate bears the risk.

15. Termination, Suspension, and Effect of Termination

The customer may terminate the agreement in accordance with the agreed notice period or at the end of the current subscription period unless otherwise agreed.

Frostgate may suspend or terminate the service in the event of material breach, non-payment, unlawful use, security risk, or other material breach of contract, after reasonable notice where practically possible.

Upon termination, the customer's right to use the service ends, subject to any agreed transition period.

Delivery, deletion, or return of personal data upon termination is governed by the DPA where it applies. For other customer data then stored by Frostgate as part of the service, Frostgate shall offer export in a machine-readable and widely used format, such as CSV or JSON where technically relevant, within a reasonable time after the termination date, unless otherwise agreed. This contractual export solution is in addition to, and should not be confused with, any rights granted to data subjects under data protection law.

Provisions relating to payment, confidentiality, liability, disputes, and other provisions that by their nature should survive termination shall remain in effect.

16. Governing Law and Dispute Resolution

For customers with a billing address in Norway or another EEA state, these terms shall be governed by Norwegian law.

Disputes between Frostgate and such customers shall be finally resolved by arbitration under the ICC Rules with seat in Oslo, Norway, and with application of the Norwegian Arbitration Act to the extent it applies by virtue of the seat of arbitration. The arbitral tribunal shall in principle consist of one arbitrator where the amount in dispute does not exceed NOK 5,000,000, and otherwise of three arbitrators, unless the ICC Rules or special circumstances call for another solution.

Costs of the arbitration, including ICC administrative costs and arbitrators' fees, shall be borne as determined by the arbitral tribunal in accordance with the ICC Rules and the outcome of the case.

Cost framework for small disputes: For disputes where the amount in dispute does not exceed NOK 5,000,000, cost allocation should follow these guidelines:

  • If Aidana loses or obtains only partial relief: Aidana bears its own reasonable legal fees and shares ICC administrative costs equally with the customer
  • If Aidana prevails in full: Costs are allocated under the ICC Rules, with Aidana having the option to seek recovery of a reasonable portion of legal fees from the customer
  • Each party bears its own legal fees unless the arbitral tribunal decides otherwise based on the outcome of the case

For disputes above NOK 5,000,000, the ICC Rules apply in full to cost allocation.

Irrespective of arbitration, each party may seek interim relief or other protective measures before Norwegian courts in order to protect confidential information, intellectual property rights, or other rights where temporary relief is necessary.

If a customer is domiciled outside the EEA, the parties may agree on a regional addendum or another special dispute mechanism adapted to the customer's jurisdiction. In the event of conflict between such special terms and this section, the regional addendum prevails.

If part of this dispute mechanism cannot be enforced, the dispute shall be determined by competent courts in the jurisdiction resulting from the governing law, mandatory law, or a valid special agreement between the parties.

17. Changes to the Terms

Frostgate may update these terms with reasonable notice.

Material changes in pricing, liability regime, dispute resolution, data processing, provider chain, transfer mechanism, or core functionality should be notified before they take effect. Material changes affecting provider chain, data regions, transfer mechanism, or subprocessors relevant to the Customer's use shall normally be notified at least thirty (30) days in advance unless law, urgent security needs, or acute operational circumstances make prior notice impracticable.

If the customer does not accept such a Material Change, the customer may terminate the agreement before the change takes effect, unless the change is necessary to comply with statutory requirements, public authority requirements, or urgent security obligations.

18. Contact Information

Questions about these terms may be submitted through:

https://aidana.ai/support

19. Entire Agreement and Severability

These terms constitute the entire agreement between the customer and Frostgate regarding use of Aidana Business, together with any order form, DPA, enterprise addendum, pricing appendix, and other documents expressly incorporated.

If any provision is invalid or unenforceable, the remaining provisions remain in effect. The invalid provision shall, as far as possible, be replaced by a valid provision that comes closest to its economic and legal purpose.