SAIERA™ Terms of Use

1. Operator

The Site and SAIERA™ software are operated and published by Cinderpoint Systems LLC, a Wyoming limited liability company ("Cinderpoint", "we", "us"). SAIERA™ is a trademark of Cinderpoint Systems LLC. References to "you" mean any visitor to the Site or user of the SAIERA™ software.

2. Service description

SAIERA™ is a brand under which Cinderpoint publishes interactive simulation software, online entertainment experiences, and related materials. The Site provides product information, documentation, and access to downloadable software. Specific features, availability, and access requirements may vary across regions and over time.

3. License to use the Site

Cinderpoint grants you a limited, revocable, non-exclusive, non-transferable license to access and view the Site for lawful personal and informational purposes. All Site content, including text, graphics, layout, and code, is owned by Cinderpoint or its licensors and is protected by copyright and other intellectual property laws.

4. License to use SAIERA™ software

Where SAIERA™ software is made available for download, the license terms governing that software are provided in the LICENSE file distributed with the software. Those license terms control your use of the software. Nothing on the Site grants any additional rights in SAIERA™ software beyond what the LICENSE file expressly permits.

5. Acceptable use

You agree not to:

• access the Site or software by any automated means except as expressly permitted (search engine crawlers obeying robots.txt are permitted);
• attempt to gain unauthorized access to any part of the Site, server, or related infrastructure;
• reverse engineer, decompile, or disassemble any SAIERA™ software except as permitted by applicable law that cannot be contractually waived;
• use the SAIERA™ mark, the Cinderpoint name, or any related branding in a manner that suggests endorsement, affiliation, or sponsorship without written permission;
• redistribute, sublicense, sell, or commercially exploit any SAIERA™ software or Site content except as the LICENSE file or these Terms expressly permit;
• use the Site or software in violation of any applicable law, including export control laws and sanctions.

6. Intellectual property

SAIERA™, the Cinderpoint name and logo, the Rusthorn name and logo, and other marks used on the Site are trademarks of Cinderpoint Systems LLC. All other marks are the property of their respective owners. All content on the Site and all SAIERA™ software is the copyrighted work of Cinderpoint or its licensors. Nothing in these Terms transfers ownership of any intellectual property to you.

7. No professional advice

SAIERA™ software and the Site provide interactive entertainment and informational content. Nothing on the Site or produced by SAIERA™ software is professional advice, including legal, medical, financial, psychological, or investment advice, and nothing is a substitute for qualified human judgment. You are responsible for any decisions you make in connection with the Site or the software.

8. Warranty disclaimer

THE SITE AND ANY SAIERA™ SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CINDERPOINT DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CINDERPOINT DOES NOT WARRANT THAT THE SITE OR SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

9. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CINDERPOINT, ITS AFFILIATES, OFFICERS, EMPLOYEES, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SAIERA™ SOFTWARE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF CINDERPOINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CINDERPOINT'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE OR SAIERA™ SOFTWARE SHALL NOT EXCEED ONE HUNDRED US DOLLARS (USD 100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED.

10. Indemnification

You agree to indemnify and hold harmless Cinderpoint and its affiliates, officers, employees, and contractors from and against any claim, liability, damage, loss, or expense (including reasonable legal fees) arising out of or related to your breach of these Terms, your misuse of the Site or SAIERA™ software, or your violation of any law or third-party right.

11. Termination

Cinderpoint may suspend or terminate your access to the Site, or remove any SAIERA™ software from public availability, at any time and for any reason, including for breach of these Terms. Sections 5 through 14 survive termination.

12. Governing law and venue

These Terms are governed by the laws of the State of Wyoming, United States of America, without regard to its conflict of laws principles. The exclusive venue for any dispute that is not subject to arbitration under Section 13 is the state or federal courts located in Wyoming, and you consent to the personal jurisdiction of those courts.

13. Arbitration and class action waiver

Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or SAIERA™ software, including disputes over the existence, scope, or validity of this arbitration agreement, shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall be conducted in Wyoming or, at the consumer's election, by remote hearing. Judgment on the award may be entered in any court of competent jurisdiction. Each party waives any right to bring or participate in a class action, mass action, or representative action. This Section 13 does not prevent either party from seeking injunctive or other equitable relief in court to protect intellectual property rights. Residents of jurisdictions where pre-dispute arbitration agreements are unenforceable may opt out of this Section by notifying us in writing within thirty days of first accepting these Terms; see Section 15 for contact.

14. Children

The Site and SAIERA™ software are not directed to children under the age of thirteen, and we do not knowingly collect personal information from children under thirteen. If you believe a child under thirteen has provided personal information to us, contact legal@cinderpoint.com and we will take appropriate action.

15. Changes to these Terms

Cinderpoint may modify these Terms from time to time. The modified Terms become effective when posted on this page. Your continued use of the Site or SAIERA™ software after the effective date constitutes acceptance of the modified Terms. Material changes will be noted at the top of this page for a reasonable period.

16. Contact

For questions about these Terms, contact Cinderpoint Systems LLC at legal@cinderpoint.com.

17. Miscellaneous

If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. No failure or delay by Cinderpoint in exercising any right under these Terms shall operate as a waiver. These Terms, together with the LICENSE file for any SAIERA™ software you download and the Privacy Policy, constitute the entire agreement between you and Cinderpoint regarding the Site and the software.

Last updated: 2026-06-25.