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Last Updated: June 2025

This End User License Agreement (“EULA”) constitutes a legally binding contract between you, the individual user or, if you are a minor under 18 years of age, your parent or legal guardian (collectively, “You” or “User” as defined in Section 2.3 of the Terms), and Sthirah, Inc. (“Sthirah,” “we,” “us,” or “our”), a Delaware corporation with its principal place of business located at 3903 Garnet Fls, Sugar Land, TX 77479, Houston, Texas. This EULA governs your rights and obligations with respect to the use of the Sherpal cloud application (“App”), including all software, databases, functionality, content, documentation, and artificial intelligence features (“AI Features”) provided by Sthirah.

By installing, accessing, or utilizing the App, You acknowledge that You have read, understood, and agreed to be bound by the terms and conditions set forth herein, as well as the General Terms and Conditions (“Terms”) and the Privacy Policy, which are incorporated into this EULA by reference. If You do not agree to these terms in their entirety, You are prohibited from using the App and must immediately cease all related activities.

This EULA applies to all Users, including subscribers, trial participants, beta testers, and minors who have obtained verifiable parental or legal guardian consent as required under Section 1 of the Terms. The provisions herein are designed to ensure compliance with applicable laws, including the Children’s Online Privacy Protection Act (“COPPA”), the General Data Protection Regulation (“GDPR”), and other relevant statutes, while protecting the intellectual property rights of Sthirah and promoting the responsible use of the App.

1. Grant of License
Subject to Your compliance with this EULA, the Terms, and payment of any applicable fees as outlined in Section 7 of the Terms, Sthirah hereby grants You a limited, non-exclusive, non-transferable, revocable license to access and use the App for personal, non-commercial purposes, or for the specific commercial purposes authorized under a subscribed plan. This license is restricted to the individual or entity that has registered for the App and may not be sublicensed, assigned, or shared with third parties without the prior written consent of Sthirah. The App, including its underlying technologies and AI Features, remains the exclusive property of Sthirah or its licensors, and no ownership rights are conferred to You under this EULA except as expressly provided.

2. License Restrictions
Your use of the App is subject to the following restrictions, which are imposed to protect Sthirah’s intellectual property and ensure the integrity of the service. You shall not, unless expressly permitted by applicable law or with Sthirah’s prior written authorization:
Copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, or underlying structure of the App, including its AI Features, as prohibited under Section 21 of the Terms.
Distribute, sublicense, rent, lease, loan, or otherwise transfer the App or any portion thereof to third parties.
Use the App to develop a competitive product or service, or to infringe upon the intellectual property rights of Sthirah or any third party.
Remove, alter, or obscure any proprietary notices, labels, or trademarks affixed to the App.
Access or use the App in a manner that exceeds the scope of the license granted or violates any provision of this EULA, the Terms, or applicable law, including but not limited to the prohibitions outlined in Section 9 of the Terms. Any violation of these restrictions may result in the immediate termination of Your license, legal action for damages, and other remedies available to Sthirah under law.

3. Account Responsibilities
To access the App, You may be required to create an account, the management of which imposes certain responsibilities upon You. You are solely responsible for maintaining the confidentiality of Your account credentials, including usernames and passwords, and for all activities conducted under Your account, whether authorized or unauthorized. You agree to notify Sthirah promptly at info@sherpalai.com of any suspected unauthorized access or security breach. Sthirah shall not be liable for any loss or damage arising from Your failure to safeguard Your account information. For Users under 18, parents or legal guardians, as included in the definition of “You” under Section 2 of the Terms, are jointly and severally responsible for supervising account use and ensuring compliance with this EULA and the Terms, as stipulated in Sections 1.1 and 1.2 of the Terms.

4. Intellectual Property Rights
All intellectual property in the App, including but not limited to its software, designs, logos, trademarks, documentation, and AI Features, are the exclusive property of Sthirah or its licensors, as affirmed in Section 21 of the Terms. This EULA does not grant You any ownership interest in the App or its components. You acknowledge that unauthorized use, reproduction, or distribution of Sthirah’s intellectual property may expose You to legal action, including claims for injunctive relief, monetary damages, and other remedies available under applicable law. Sthirah retains the right to protect its intellectual property through all lawful means, including seeking equitable relief in any court of competent jurisdiction as permitted under Section 14 of the Terms.

5. Beta Version Provisions
If You are using a beta version of the App, Your use is governed by additional terms to reflect its experimental nature. The beta version is provided “as is” and “with all faults,” without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement, as outlined in Section 5 of the Terms. Sthirah disclaims any obligation to provide technical support, maintenance, or updates for the beta version. You acknowledge that the beta version may contain bugs, errors, or defects that could lead to data loss, system failure, or other material harm, and Sthirah shall bear no liability for such outcomes. Sthirah reserves the right to discontinue the beta version at its sole discretion, with or without prior notice, without incurring liability to You or any third party. As a condition of using the beta version, You agree to provide Sthirah with prompt and detailed feedback regarding Your experience, including any bugs, errors, or usability issues, which Sthirah may utilize without restriction or compensation. Furthermore, You are obligated to treat all information related to the beta version as confidential and shall not disclose, publish, or distribute such information to any third party without Sthirah’s prior written consent. Your use of the beta version is strictly limited to testing, evaluation, and feedback purposes, and any other use is expressly prohibited.

6. User Content and License Grant
The App allows You to submit, post, or display Content, as defined in Section 6 of the Terms, including prompts submitted to the AI Features and resulting AI-generated outputs. By doing so, You grant Sthirah a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content in any media or format, whether now known or hereafter developed, as provided in Section 6.1 of the Terms. You retain all right, title, and interest in the intellectual property rights to Your Content, subject to this license, and You represent and warrant that You possess the lawful right to submit such Content and that it does not infringe upon the rights of any third party. You acknowledge that AI-generated outputs are based on statistical models and may contain errors, biases, or unintended content, as stated in Section 6.3 of the Terms, and that such outputs are not professional psychological, counseling, or mental health advice, as clarified in Section 6.4 of the Terms. Sthirah reserves the right to remove or restrict access to any Content that violates this EULA, the Terms, or applicable law, at its sole discretion, as provided in Section 6.3 of the Terms.

7. Prohibited Conduct
In addition to the restrictions outlined in Section 9 of the Terms, Your use of the App is subject to the following prohibitions. You shall not:
Submit, generate, or share any Content or AI-generated outputs that are unlawful, libelous, defamatory, obscene, pornographic, vulgar, lewd, suggestive, indecent, abusive, inflammatory, harassing, hateful, or that promote discrimination, violence, threats, terrorism, or illegal activities, as prohibited under Section 6 of the Terms.
Reference, promote, or facilitate the illegal use, distribution, or manufacture of controlled substances, as defined under the Texas Controlled Substances Act (Texas Health and Safety Code § 481.001 et seq.), as prohibited under Section 6.2 of the Terms.
Engage in spam, unauthorized advertising, political campaigning, or solicitation through the App, as prohibited under Section 6.2 of the Terms.
Impersonate another person or entity, or misrepresent Your affiliation with any individual or organization, with the intent to deceive, as prohibited under Section 6.2 of the Terms.
Engage in any action that interferes with or disrupts the App, its servers, networks, or connected systems, or violates the network policies of third-party technology providers listed in Section 3 of the Terms, as prohibited under Section 6.2 of the Terms.
Engage in conduct constituting stalking, harassment, or threats toward any other User or third party, as prohibited under Section 6.2 of the Terms.
Collect, store, or process personal data of other Users without their express written consent and in compliance with applicable data protection laws, as prohibited under Section 6.2 of the Terms.
Employ automated tools, such as robots, spiders, or scrapers, to access, extract, or manipulate data from the App without Sthirah’s prior written authorization, as prohibited under Section 6.2 of the Terms.
Use the App’s AI Features to generate outputs that violate these Terms, including but not limited to content that is unlawful, offensive, or harmful, as prohibited under Section 6.2 of the Terms. Any breach of these prohibitions may result in the suspension or termination of Your access to the App, as well as legal action by Sthirah or affected parties, as provided in Section 12 of this EULA.

8. Subscription and Fees
Your access to certain features of the App may require the purchase of a subscription plan, one-time purchase, or discounted purchase, as governed by the Terms. By subscribing or making a purchase, You agree to pay all applicable fees in advance through Stripe, Inc. (“Stripe”), our third-party payment processor, as detailed in Section 7.1 of the Terms. All transactions are subject to Stripe’s Terms and Conditions (https://stripe.com/legal) and Privacy Policy (https://stripe.com/privacy). Fees are non-refunded except as required by legal order or as determined by Sthirah on a case-by-case basis in its sole discretion, as provided in Section 7.1 of the Terms. Subscriptions may automatically renew at the end of each term unless canceled in accordance with Section 7.1 of the Terms by contacting info@sherpalai.com. Sthirah reserves the right to modify fees upon reasonable notice, delivered via email or through the App interface, and Your continued use of the App following such notice constitutes acceptance of the new fees. Failure to pay fees may result in the suspension or termination of Your access to the App.

9. Disclaimer of Warranties
The App, including all Content and AI Features, is provided “as is” and “with all faults,” without any express or implied warranties, to the maximum extent permitted by law. Sthirah expressly disclaims all warranties of merchantability, fitness for a particular purpose, title, non-infringement, or suitability for any specific use, including but not limited to the accuracy, reliability, or appropriateness of AI-generated outputs, as reiterated in Sections 6.3 and 6.4 of the Terms. Sthirah does not warrant or guarantee the uninterrupted, error-free, or secure operation of the App, and any interruptions or defects shall not constitute a breach of this EULA. Your use of the App is at Your own risk, and Sthirah shall not be liable for any damages arising therefrom, including reliance on AI-generated outputs for professional psychological, counseling, or mental health purposes.

10. Limitation of Liability
To the fullest extent permitted by applicable law, Sthirah shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, data, goodwill, or business opportunities, arising out of or relating to this EULA, the use of or inability to use the App, or reliance on AI-generated Content or third-party services, including Stripe. Sthirah’s total aggregate liability under this EULA shall not exceed the fees paid by You to Sthirah in the twelve (12) months preceding the claim, if any. This limitation applies irrespective of whether Sthirah has been advised of the possibility of such damages, and it is intended to allocate risk between the parties as permitted by Texas law, including the Texas Business and Commerce Code.

11. Indemnification
You agree to defend, indemnify, and hold harmless Sthirah, its affiliates, officers, directors, employees, agents, successors, and assigns from and against any and all claims, demands, actions, suits, losses, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees and court costs, arising out of or relating to: (a) Your use of the App; (b) Your breach of this EULA or the Terms; (c) Your violation of any applicable law, regulation, or third-party right; (d) any Content You submit, post, or display, including AI-generated outputs; or (e) Your payment-related disputes, as provided in Section 7.1(h) of the Terms. This indemnification obligation shall survive the termination of this EULA and remain in effect indefinitely, as provided in Section 12 of the Terms.

12. Termination
Sthirah reserves the right to terminate, suspend, or restrict Your access to the App, with or without cause and with or without prior notice, at its sole discretion, as provided in Section 13 of the Terms. Grounds for termination include, but are not limited to, Your breach of this EULA, violation of any law, misuse of the AI Features, or failure to pay applicable fees. Upon termination, all rights granted to You under this EULA shall immediately cease, and You must discontinue all use of the App. The provisions of Sections 4, 6, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22 shall survive termination and continue to bind the parties.

13. Governing Law and Jurisdiction
This EULA, including Your use of the App and its AI Features, shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. You agree that any dispute, claim, or legal action arising out of or relating to this EULA, the App, or Your use thereof, including but not limited to disputes regarding Content, AI-generated outputs, payments, or breaches of this EULA, shall be brought exclusively in the state or federal courts located in Harris County, Texas. You irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum or improper venue. Notwithstanding the foregoing, payment-related disputes processed through Stripe, Inc. (“Stripe”) shall be subject to Stripe’s Terms and Conditions, available at https://stripe.com/legal, as provided in Section 7.1 of the Terms. Sthirah reserves the right to seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property, confidential information, or other rights under this EULA. If You are a minor, Your parent or legal guardian, as included in the definition of “You” under Section 2.3 of the Terms, is jointly and severally bound by this jurisdiction clause. This Section shall apply to the fullest extent permitted by Texas law, including the Texas Business and Commerce Code and Texas Civil Practice and Remedies Code. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA.

14. Entire Agreement
This EULA, together with the Terms and Privacy Policy, constitutes the entire agreement between You and Sthirah with respect to the App and supersedes all prior or contemporaneous understandings, agreements, representations, or communications, whether oral, written, or electronic. Any amendment to this EULA must be in writing and signed by an authorized representative of Sthirah to be effective.

15. Severability
If any provision of this EULA is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the agreement, and the remaining provisions shall remain in full force and effect. The parties agree that the invalid provision shall be reformed to the extent necessary to render it enforceable while preserving its original intent, to the fullest extent permitted by law.

16. Waiver
No failure or delay by Sthirah in exercising any right, power, or remedy under this EULA shall operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any further exercise thereof. Any waiver must be in writing and signed by an authorized representative of Sthirah to be effective.

17. Notices
All notices and other communications required or permitted under this EULA shall be in writing and deemed duly given: (a) when delivered personally; (b) on the first business day following deposit with a nationally recognized overnight courier service; or (c) upon the fifth business day following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested. Notices to Sthirah shall be addressed to Sthirah, Inc., 3903 Garnet Fls, Sugar Land, TX 77479, Houston, Texas. Notices to You shall be sent to the email or address provided during registration or as updated in Your account settings. Either party may designate a different address by providing written notice to the other party.

18. Contact Us
For any questions, concerns, or notices regarding this EULA, please contact us at:
Sthirah, Inc.
3903 Garnet Fls, Sugar Land, TX 77479, Houston, Texas
Email: info@sherpalai.com

19. Export Compliance
You acknowledge and agree that the App and any related technology are subject to U.S. export control laws and regulations, including the Export Administration Regulations (“EAR”) administered by the U.S. Department of Commerce and sanctions programs administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), as specified in Section 26 of the Terms. You shall not export, re-export, or transfer the App or any associated technology, directly or indirectly, to any country, entity, or individual prohibited by such laws, or for any use prohibited by the same, without obtaining prior authorization from the relevant U.S. government authorities. Violation of this provision may result in the termination of Your license and legal consequences under U.S. law.

20. Force Majeure
Sthirah shall not be liable for any delay or failure to perform its obligations under this EULA due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, labor disputes, or failures of third-party services, as detailed in Section 23 of the Terms. In the event of such a force majeure occurrence, Sthirah may suspend performance until the condition is resolved, and such suspension shall not constitute a breach of this EULA.

21. Assignment
You may not assign, transfer, or sublicense Your rights or obligations under this EULA without the prior written consent of Sthirah. Sthirah, however, reserves the right to assign, transfer, or delegate its rights and obligations under this EULA to any affiliate or successor entity without Your consent, provided that such entity assumes Sthirah’s obligations hereunder, in accordance with Section 24 of the Terms.

22. Compliance with International Laws
If You access the App from outside the United States, You are solely responsible for ensuring compliance with local laws and regulations, including those related to data privacy, intellectual property, and online conduct, as required under Section 25 of the Terms. Sthirah reserves the right to restrict access to the App in any jurisdiction where its use would violate applicable laws or the provisions of this EULA.