EARLIANT TERMS AND CONDITIONS & PRIVACY POLICY

Last Updated: November 2, 2026
Operated by: Cybernea Inc. d/b/a Earliant ("Earliant", "Cybernea", "we", "us", or "our")
Physical Address: [Insert Cybernea Physical Street Address, City, State, ZIP]

Please read these Terms and Conditions carefully. This is a legally binding contract governing your access to and use of the Earliant mobile application, backend pipelines, Earlino agent interactions, and generated risk scores (collectively, the "Services").

SECTION I: EARLIANT TERMS OF SERVICE

1. Scope of Services, Non-Emergency Classification & Direct 911 Call Directive

The Services provide single-user risk monitoring across Physical Hazard, GRC (Governance, Risk, and Compliance), Sector, and Brand & Corporate Asset modules.

·       Subscriber: Refers to the individual who sets up, manages, and pays for their own personal account on the Earliant website. Earliant operates strictly on a one-to-one user model; you may not create accounts for, or actively monitor, third-party individuals.

·       Third-Party Environmental Data & Weather Limitations: Physical hazard, environmental alert, and severe weather services are powered by third-party data feeds, including WeatherAPI and governmental meteorological agencies (such as the U.S. National Weather Service). You expressly acknowledge and agree that:
1. Weather data, polygon warnings, and severe hazard forecasts are subject to inherent transmission delays, algorithmic modeling gaps, telecommunications network outages, and upstream data provider latency.
2. Earliant does not maintain independent meteorological hardware and does not verify the accuracy or timeliness of governmental or third-party weather alerts.
3. Mobile device battery-saver settings, operating system background execution limits, and loss of cellular connectivity will inhibit background hazard delivery.

·       Non-Emergency Status: THE SERVICES ARE PROVIDED "AS IS" SOLELY FOR INFORMATIONAL, NON-EMERGENCY RISK-PREVENTION GUIDANCE. EARLIANT IS NOT AN EMERGENCY RESPONSE APPLICATION AND CANNOT BE RELIED UPON AS A PRIMARY SAFETY WARNING SYSTEM. IF YOU ARE EXPERIENCING AN ACTIVE PHYSICAL THREAT, CRIME, OR MEDICAL EMERGENCY, YOU MUST IMMEDIATELY DIAL 911 (OR YOUR LOCAL EMERGENCY SERVICES NUMBER) DIRECTLY FROM YOUR TELEPHONE HANDSET.

2. Account Eligibility & Age Restrictions

The Services are designed exclusively for authorized individuals who have reached the legal age of majority in their jurisdiction (and in no event younger than 18 years of age). Registration, access, or use by individuals under 18 is strictly prohibited. Earliant does not knowingly collect or process personal data from minors. If Earliant discovers an account belongs to a minor, Earliant will immediately terminate the account and purge all associated personal information.

3. Account Setup, Direct Consent & TCPA Authorization

By creating an account on our website and providing your mobile telephone number, you establish a direct relationship with Cybernea Inc. You certify that you are the primary subscriber and customary user of the provided mobile number.

·       TCPA Consent: You authorize Cybernea Inc. to send transactional account notices, two-factor authentication codes, and automated physical hazard alert SMS messages to your device. Consent is not required as a condition of purchase. Message and data rates may apply. Message frequency varies. You may reply STOP to cancel SMS alerts at any time, or HELP for assistance.

4. Threat Scoring, False Negatives & Section 230 Disclaimers

The platform computes a mathematical Risk Score (0 to 100) and maps it to a weather-themed Status Emoticon based upon aggregated third-party indicators.

·       Assumption of Risk: You acknowledge and agree that Risk Scores are automated, statistical risk estimates, not definitive assertions of fact or character. Earliant disclaims all liability for actions taken or not taken based upon platform-generated scores.

·       Communications Decency Act (Section 230): While we act as a conduit for third-party news and public regulatory records, the computed Risk Score is proprietary to Earliant. The Services do not replace professional security analysis or due diligence.

·       Namesake Entity Disambiguation: Subscribers who configure Brand & Corporate Asset monitoring for commercial entities sharing their personal names (e.g., a sole proprietorship) acknowledge that automated feeds may return public records or media mentions involving unrelated third parties with identical or similar names. You agree that Cybernea shall have no liability for false-positive matches, reputational harm, or business interruption resulting from name-collision events. You assume sole responsibility for reviewing and verifying whether public record alerts relate to your commercial enterprise before taking any operational or legal action.

5. FCRA Exclusion & Commercial Use Limitation

EARLIANT IS NOT A CONSUMER REPORTING AGENCY UNDER THE FAIR CREDIT REPORTING ACT (FCRA).

·       Commercial Use & Sole Proprietorship Distinction: The Services are designed exclusively to evaluate commercial entities, corporate trademarks, and enterprise risk. Where a Subscriber registers an entity containing their personal name (such as a professional corporation, sole proprietorship, single-member LLC, or consultancy), Subscriber acknowledges that Earliant evaluates such entity strictly as a commercial enterprise and not as a natural person. The Services do not assess personal creditworthiness, personal character, or individual eligibility for insurance, employment, or consumer credit. You strictly agree not to use Earliant data or Risk Scores to determine any individual's eligibility for employment, credit, or any other permissible purpose under the FCRA.

6. Platform Protection & AI Ban

The Services must be used strictly for lawful risk-prevention. You agree not to scrape data or threat indicators through automated bots, reverse engineer the threat pipelines, or use the Services to develop, train, validate, or improve any machine learning model or artificial intelligence system.

7. Custom Avatar Intellectual Property & UGC License

Users may personalize profiles by uploading custom avatar images. You warrant that you own all necessary intellectual property rights for uploaded media. You grant Earliant a limited license to host and display the media solely to operate the application. Earliant complies with the DMCA; send takedown notices to support@earliant.com.

8. Earlino Guardian Agent & Absolute Disclaimer of Professional Counsel

Earlino is a scripted, decision-tree interaction agent designed to help users navigate alerts. Earlino is not a generative AI agent. ALL DATA, SCORES, AND RESOURCES PRESENTED THROUGH EARLINO DO NOT CONSTITUTE LEGAL, MEDICAL, SECURITY, FINANCIAL, OR PROFESSIONAL SAFETY COUNSEL. RELYING ON EARLINO AS A SUBSTITUTE FOR QUALIFIED PROFESSIONALS OR EMERGENCY DISPATCH SYSTEMS IS STRICTLY PROHIBITED.

9. Telemetry Authorization & Diagnostic Processing (CIPA Consent)

To ensure platform stability, Earliant utilizes third-party telemetry tools (such as PostHog). By affirmatively accepting these Terms during web onboarding, you expressly consent and authorize Earliant and its diagnostic processors to monitor and evaluate your mobile app interactions and system diagnostics for quality assurance and debugging. You may opt out of non-essential diagnostic telemetry at any time via the settings toggle inside the mobile application.

10. Judicial Security & Protected Persons (Daniel’s Law)

Earliant strictly complies with the federal Daniel Anderl Judicial Security and Privacy Act and applicable state equivalents (e.g., N.J.S.A. 56:8-166.1).

·       Covered Persons, including Active and Retired Judges, Prosecutors, Law Enforcement Officers, and their immediate family members (spouses, children, or parents residing in the same household), may submit a formal suppression request to info@cybernea.com.

·       Cybernea will verify and suppress the covered personal information (including residential addresses, personal phone numbers, property records, and personal email addresses) across our active platforms within seventy-two (72) hours of receiving written notice.

11. Export Control & Trade Sanctions Compliance

The Services are subject to U.S. export control and economic sanctions laws. You warrant that you are not located in a comprehensively sanctioned jurisdiction nor listed on any OFAC Specially Designated Nationals (SDN) List.

12. Subscription Billing, Web Cancellation & Account Deletion

·       Web-Based Billing & Auto-Renewal: Subscriptions are initiated, billed, and managed securely via our web platform using Stripe. Your subscription automatically renews at the conclusion of each billing cycle unless canceled.

·       Cancellation: You may cancel your subscription at any time online via your web dashboard. Cancellation will take effect at the end of your current billing period.

·       In-App Account Deletion: In compliance with Apple App Store guidelines, iOS users may request complete account and data deletion directly through the mobile application settings menu.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EARLIANT, CYBERNEA INC., OR THEIR DATA LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. EARLIANT'S TOTAL AGGREGATE LIABILITY EXCEEDS THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE TOTAL AMOUNT PAID TO EARLIANT BY THE SUBSCRIBER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. Nothing in these Terms shall limit or exclude Cybernea's liability for gross negligence, willful misconduct, or any liability that cannot legally be limited under applicable state law. California residents expressly waive California Civil Code § 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release..."

14. User Indemnification

You agree to indemnify and hold harmless Cybernea Inc., its affiliates, and data licensors from any claims, damages, statutory penalties, or costs arising out of your breach of these Terms, your unauthorized submission of third-party identifiers into the Brand & Corporate module, or your gross negligence.

15. Dispute Resolution & Governing Law

These Terms are governed by the laws of the State of Delaware. Any dispute will be resolved exclusively through final and binding individual arbitration (AAA or JAMS) in Wilmington, Delaware. YOU WAIVE ANY RIGHT TO A JURY TRIAL OR CLASS ACTION.

16. General Legal Terms

These Terms, together with the Privacy Policy, constitute the entire agreement. Earliant reserves the right to modify these Terms with thirty (30) days' advance notice. Earliant shall not be liable for any failure in performance resulting from causes beyond its reasonable control.

SECTION II: EARLIANT PRIVACY POLICY

This Privacy Policy explains how Earliant collects, processes, and protects data. As Earliant operates as a direct-to-subscriber service, Cybernea Inc. acts as the Data Controller regarding your personal account data.

1. Categories of Data Collected

Earliant processes data strictly based on your direct input and runtime permissions:

·       Account Setup Identifiers: Full legal name, mobile telephone number, business email, and Stripe transaction metadata (Earliant does not store payment card numbers).

·       Brand & Corporate Assets: Corporate entity names, corporate domains, and trademarks submitted by the Subscriber strictly for commercial and adverse-media monitoring.

·       Coarse Geolocation Data: To deliver localized severe weather and environmental hazard warnings, Earliant processes your general geographic location (Significant Location Change) based on device runtime permissions. Earliant is engineered on a data-minimization framework: we process coarse location coordinates (rounded to reduce spatial resolution beyond the statutory threshold of precise geolocation, greater than 1,850 feet) or rely on approximate location permissions granted by iOS. We do not track, map, or collect real-time turn-by-turn GPS breadcrumb trails.

2. Usage, Telemetry & Third-Party Subprocessors

To monitor technical performance and improve the mobile application, Earliant captures technical telemetry (device models, OS versions, crash logs). We share pseudonymized operational telemetry with PostHog, Inc., acting strictly as a data processor. Sensitive inputs are masked to prevent recording. Third-party commercial APIs (such as WeatherAPI and Dilisense) are utilized to retrieve hazard and regulatory records; they do not receive your personal account profile.

3. On-Device Authentication & Zero-Biometric Storage

Earliant utilizes Apple's native LocalAuthentication framework to allow convenient app access via device passcodes or facial/fingerprint recognition. Earliant does not collect, capture, convert, receive, store, or process any biometric identifiers or biometric information (as defined under Illinois BIPA, Texas CUBI, or similar statutes). All authentication is performed exclusively by your device operating system within its isolated hardware Secure Enclave; Earliant receives only an anonymous success or failure verification signal.

4. Encryption Protocols & Lock Screen Privacy Safeguards

All data transmitted between the mobile application and backend pipelines is encrypted using Transport Layer Security (TLS), and resting data is encrypted using AES-256 on Google Cloud servers.

5. Data Retention Schedules

Earliant maintains personal data according to the following schedule:

·       Account & Brand Identifiers: Retained for the active lifecycle of the subscription plus ninety (90) days following termination.

·       Geolocation Processing Schedule (Ephemeral): General coordinates are processed in-memory solely to query active meteorological alert polygons via third-party weather APIs. Coordinates are immediately discarded following the API response and are never recorded, logged, or appended to historical user profile databases.

·       Telemetry & Diagnostic Data: Pseudonymized logs are retained on a rolling ninety (90) day basis.

6. U.S. State Privacy Rights (CA, VA, CO, CT, UT, TX, OR, DE, NJ)

Depending on your state of residency, you maintain specific statutory rights:

·       Right to Know, Access, Correct, & Delete: You may request access to, correction of, or deletion of your personal data, subject to legal exemptions. Because Earliant does not collect "Precise Geolocation" (as defined under the CCPA), the Right to Limit the Use of Sensitive Personal Information regarding location tracking does not apply to this Service.

·       To exercise these rights, submit a request via the iOS app deletion tool or contact info@cybernea.com.

7. International Transfers & Data Subject Rights

For users in the European Economic Area (EEA) or UK, international data transfers to the United States are governed by the EU-U.S. Data Privacy Framework or Standard Contractual Clauses (SCCs). Users maintain statutory rights to access, correct, export, or delete their data, and the right to lodge a complaint with a Data Protection Authority