Terms of Service

Aria — Acquisition & Retention Intelligence Platform · Effective: May 7, 2026 · Last Updated: May 7, 2026

These Terms govern Customer's use of Aria, a customer intelligence subscription service operated by U.S. Software Professionals, Inc., an Illinois corporation ("USSP", "we", "us"). By signing an Order Form referencing these Terms, by accepting them in the portal, or by accessing the Aria portal after credentials are issued, Customer agrees to these Terms.

1. The Service

Aria ingests Customer's POS, waiver, and visit data from authorized sources (e.g., Urban Air admin portals) and provides a web portal with market analytics, customer segments, exports, and (when Customer's Order Form includes it) outbound SMS automation. Specific features depend on the package on the Order Form.

2. Order Form, Term, and Renewal

• Each Order Form sets out the package, monthly fee, start date, and minimum term (typically 3 months).
• Subscriptions auto-renew in 3-month terms unless either party gives at least 15 days' written notice before the next renewal date.
• USSP will send a renewal reminder approximately 30 days before each renewal.
• USSP may change pricing for new renewal terms with at least 30 days' written notice; the new price applies to the next renewal, not the current term.

3. Fees and Payment

• Fees are billed monthly in advance unless the Order Form says otherwise. The Order Form may require the full term to be paid up front.
• Payment by Zelle to accounts@ussoftwarepro.com unless the Order Form specifies a different method.
• Twilio (SMS) pass-through fees are billed at cost where the Order Form says so.
• Late payments accrue interest at 1.5% per month or the maximum allowed by law, whichever is lower. USSP may suspend service if Customer is more than 30 days past due, after at least 7 days' written notice.
• Fees are exclusive of taxes; Customer is responsible for sales/use/VAT/etc. other than USSP's income taxes.

4. Customer Data

Customer owns Customer Data — the POS, waiver, visit, contact, and related data Customer provides to or makes available through Aria. Customer Data may include identifiers (name, email, phone), demographic fields (DOB, ZIP), transactional records (visits, waivers, party history), and behavioral signals. Customer Data does not include payment card numbers, SSNs, government IDs, or biometrics — USSP does not process those.

Customer grants USSP a non-exclusive license to process Customer Data to deliver the service for Customer's benefit (ingestion, storage, analytics, segmentation, reporting, exports, and SMS sending where enabled).

USSP will not sell Customer Data, and will not use Customer Data for unrelated advertising or for cross-customer targeting. USSP may use aggregated, de-identified operational metrics to operate, secure, and improve the service.

Customer represents that Customer has the right to provide Customer Data to USSP and has obtained any consents required by law for the processing, including any required SMS or email marketing consent.

5. Sub-processors

USSP uses third-party sub-processors to deliver the service. The current list (vendor, purpose, region, data categories) is in the Privacy Policy. USSP will give Customer at least 30 days' notice before adding a new sub-processor; Customer may object in writing during that period, and USSP will work with Customer to find an alternative or, if no alternative is reasonable, Customer may terminate the affected portion of the service for cause.

6. Security

USSP will implement reasonable technical and organizational measures to protect Customer Data, including encryption of data in transit (TLS) and at rest, role-based access controls with hashed credentials, logical park-scoped data separation, and incident detection on key services. Detail is in the Privacy Policy.

7. Breach Notification

USSP will notify Customer without undue delay (and in any event within 72 hours) of a confirmed personal-data breach affecting Customer Data, including known facts and remediation actions.

8. Data Retention and Deletion

During the term, USSP retains Customer Data as needed to provide the service. On termination:

• USSP will delete Customer Data within 30 days unless Customer requests earlier deletion or longer retention in writing.
• USSP will delete or anonymize backups containing Customer Data within 90 days.
• USSP may retain aggregated, de-identified operational metrics that cannot reasonably be used to re-identify individuals.

9. Acceptable Use

Customer will not (a) use the service for any unlawful purpose, (b) attempt to circumvent access controls or access data not belonging to Customer, (c) reverse-engineer the service except as expressly permitted by law, (d) resell or sublicense the service without USSP's written consent, (e) send messages or run campaigns that violate the TCPA, CAN-SPAM, state mini-TCPA laws, or carrier policies, (f) upload viruses or other harmful code, or (g) use the service to harass, defame, or discriminate.

10. SMS — When Enabled

When the Order Form includes SMS Automation, this Section 10 applies. SMS is operated by USSP on Customer's behalf using Twilio. Customer remains the legal sender and is responsible for content, audience selection, consent, and compliance.

10.1 Customer's Representations for SMS

For every audience and message, Customer represents:

• Customer has the right to message the recipients;
• Customer has obtained and retained legally sufficient consent where required (TCPA, state mini-TCPA, applicable carrier rules);
• Customer's content does not violate the TCPA, CAN-SPAM, FCC or FTC rules, state law, or carrier policy;
• Customer's content is not deceptive, fraudulent, or harassing;
• Customer will honor STOP, NO, UNSUBSCRIBE, CANCEL, OPT OUT, and other revocation requests;
• Customer is the legal sender of every message; USSP is the operator/agent.

10.2 What USSP Does

• Operates the sending infrastructure (Twilio Messaging Service, sender pools, A2P 10DLC registration where required).
• Applies a compliance engine to every send: phone-format validation, opt-out scrubbing, frequency caps, send-window enforcement, opt-out language presence, business-name presence, no-emoji, daily caps.
• Provides reporting on sends, deliveries, replies, and opt-outs.
• Promptly processes replies including STOP/NO requests.
• Suspends any campaign that USSP has reason to believe is non-compliant.

10.3 Carrier and Platform Policies

Carriers, A2P brand registries, and Twilio may suspend or terminate sending. USSP is not liable for the consequences of such suspensions where the suspension is caused by Customer's content, audience, instructions, or consent posture.

10.4 Pass-through Fees

Twilio messaging fees and A2P registration fees are passed through to Customer at cost unless the Order Form says otherwise.

10.5 SMS Suspension and Termination

USSP may suspend SMS sending immediately if it has reason to believe continued sending would violate law or carrier policy, or if any of Customer's representations is or becomes false. Customer may end SMS at any time by written notice; SMS is removed from the next billing period. The base subscription continues per the Order Form. Customer's indemnity in Section 13 applies to all SMS-related claims, including TCPA, state mini-TCPA, carrier-policy, opt-out, consent, content, audience selection, and platform-acceptance claims.

11. No Guaranteed Outcomes

USSP does not guarantee any particular revenue lift, conversion rate, customer acquisition, marketing performance, message deliverability, carrier acceptance, downstream-platform acceptance (Klaviyo, Meta, etc.), legal compliance of Customer's content, or uninterrupted/error-free service. The service is provided as is except as expressly stated.

12. Confidentiality

Each party will protect the other's confidential information using at least the same care it uses for its own and in any event reasonable care. Customer Data is Customer's confidential information.

13. Customer Indemnity

Customer will indemnify, defend, and hold harmless USSP and its owners, officers, employees, contractors, and agents from any third-party claim, demand, action, investigation, penalty, fine, damage, loss, cost, or expense (including reasonable attorneys' fees) arising out of or related to: Customer Data; Customer's instructions, marketing content, offers, or campaign decisions; Customer's use of exports, segments, audiences, or messages; Customer's failure to obtain or maintain required notices, consents, permissions, or opt-outs; Customer's use of third-party marketing platforms; or Customer's breach of the Agreement.

14. Limitation of Liability

Cap. USSP's aggregate liability arising out of or related to the Agreement will not exceed the fees actually paid by Customer to USSP under the applicable Order Form during the 3 months immediately preceding the event giving rise to the claim.

Excluded damages. USSP will not be liable for lost profits, lost revenue, lost goodwill, business interruption, loss of data, or indirect, incidental, consequential, special, exemplary, or punitive damages.

Carve-outs. The cap and exclusions do not apply to (a) Customer's payment obligations, (b) Customer's indemnity obligations, (c) either party's willful misconduct or fraud, or (d) liability that cannot be limited under applicable law.

15. Term and Termination

These Terms apply for as long as any Order Form is in effect. Either party may terminate for the other's material breach if the breach is not cured within 15 days of written notice. USSP may suspend or terminate immediately if Customer's use poses a security risk or violates law. On termination, Customer's access ends and USSP will delete Customer Data per Section 8.

16. Privacy

USSP's privacy practices, including the subprocessor list and security measures, are at /legal/privacy.

17. Modifications

USSP may update these Terms with at least 30 days' notice. Material changes affecting Customer's rights will be notified by email to the Order Form contact. Customer's continued use after the effective date of the change constitutes acceptance.

18. General

• Governing law. Illinois, without regard to conflict-of-laws rules.
• Venue. State and federal courts located in Cook County, Illinois, with both parties consenting to personal jurisdiction.
• No waiver. Failure to enforce any provision is not a waiver.
• Severability. If any provision is unenforceable, the rest remains in effect.
• Assignment. Customer may not assign these Terms without USSP's written consent. USSP may assign in connection with a merger, acquisition, or sale of all or substantially all assets.
• Entire agreement. The signed Order Form and these Terms are the entire agreement and supersede prior discussions.
• Notices. To USSP: accounts@ussoftwarepro.com. To Customer: the email on the Order Form. Email is sufficient unless these Terms specify otherwise.

19. Contact

Questions: contact us.