Terms of Service

Agreement version 2026-08-22-tos-v1

User Agreement and Terms of Service

Introduction

These Terms establish the binding conditions under which individuals and organizations access and use the Platform, set behavioral expectations, describe operational controls, and explain important disclaimers and limits that apply to the service.

1. Definitions, Acceptance, and Eligibility

1.1. "Platform" refers to the digital services, websites, applications, APIs, and related content operated by ELIS AI (the operator of this service). "User," "you," and "your" refer to any individual or entity accessing or using the Platform. "Content" includes any information, text, graphics, or data submitted by users.

1.2. By registering, logging in, or otherwise using the Platform after the Effective Date, you acknowledge that you have reviewed this agreement, consent to be bound by its terms, and warrant that you have authority to enter into it. Continued use after amendments constitutes acceptance of the updated Terms.

1.3. You must be at least the age of majority in your jurisdiction or possess parental or guardian consent where required. You represent that you have full legal capacity to form a binding contract, are not subject to applicable sanctions, and will provide accurate identity and contact details when requested.

2. User Obligations and Conduct

2.1. You must use the Platform lawfully and in accordance with all applicable local, national, and international laws (including intellectual property, privacy, and export controls). Prohibited conduct includes: harming minors, impersonating others, reverse engineering the Platform except as permitted by law, transmitting malware or unlawful code, manipulating metrics, and bypassing platform protections.

2.2. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You must notify us promptly of any unauthorized use. We may suspend or terminate accounts showing suspicious activity without liability where permitted by law.

2.3. You retain ownership of your submitted Content. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and transmit that Content solely to operate, secure, and troubleshoot the Platform for you. We will not publicly display, distribute, or use your Content to promote the Platform without your separate written permission. You must ensure you have all required rights for submitted Content and indemnify us for infringement claims arising from third-party rights, subject to the indemnification section below.

3. Disclaimers, Warranties, and Liability Limitations

3.1. The Platform, including software, interfaces, content, materials, products, and services, is provided "as is" and "as available" without express or implied warranties, uptime guarantees, or a guarantee that it will meet specific needs. To the fullest extent permitted by applicable law, we disclaim implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

3.2. We do not guarantee results, accuracy of user-generated or third-party content, continuous availability, freedom from defects, or compatibility with specific hardware. Outputs, suggestions, or insights are for informational purposes only and do not constitute professional, legal, financial, or medical advice unless explicitly stated.

3.3. To the maximum extent permitted by law, we and our affiliates will not be liable for: (a) indirect, incidental, special, consequential, exemplary, or punitive damages; (b) loss of profits, revenue, data, use, goodwill, or business interruption; (c) damages arising from unauthorized access, user-supplied Content, or third-party services; even if advised of the possibility of such damages. Aggregate liability (excluding liability that cannot be waived by law) is capped at the greater of (i) total fees paid by you in the prior twelve (12) months, (ii) the monetary cap separately agreed in writing for paid services, or (iii) USD $100 if no paid-services cap applies. This limitation survives termination.

4. Indemnification and Dispute Mechanisms

4.1. You agree to defend, indemnify, and hold harmless us, our parent companies, subsidiaries, affiliates, officers, directors, agents, and employees from third-party claims, demands, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of: (a) your breach of these Terms; (b) your violation of law or third-party rights; or (c) your use of the Platform.

4.2. We may control the defense of any claim subject to indemnification and may seek security for indemnity obligations. You may not settle any indemnified claim without our prior written consent.

4.3. These Terms are governed by the laws of the State of Texas, excluding conflict of law rules. Disputes not resolved by informal negotiation must be brought exclusively in the state or federal courts located in Harris County, Texas, unless applicable law requires a different forum. Before filing a claim, the complaining party must send written notice describing the dispute and allow thirty (30) days for good-faith resolution.

5. Operational Controls, Modifications, and Termination

5.1. We may modify, update, restrict, suspend, or discontinue features, content, or the entire Platform, with notice where feasible for material changes (for example via the Platform or registered email). You should review this agreement periodically.

5.2. We may refuse service, suspend users, or terminate accounts for violations of these Terms, violation of law, or public policy concerns, where permitted. Upon termination, you must cease using the Platform; provisions intended to survive (including indemnification, disclaimers, and liability limitations) remain enforceable.

5.3. You are responsible for your own records, backups, and data exports. We are not liable for data loss except as required by law or expressly stated in a paid services description. Paid tiers should specify refund, cancellation, upgrade, downgrade, and renewal policies in this agreement or an accompanying Services Description.

6. Privacy, Data Practices, and Additional Provisions

6.1. Privacy and data use. Our processing of personal data is described in our Privacy Policy (incorporated by reference when published). In addition, by using ELIS AI you acknowledge that we use cookies and similar technologies where necessary to operate the service, keep you signed in, remember preferences, and protect accounts. We store and process the content you submit (including messages and uploaded files) solely to deliver the service you asked for — running your request, returning your results, and keeping your account secure. We do not sell your personal data, and your content stays within your personal or organization scope by default. What we retain to improve the Platform is operational signals — usage metrics, outcome grades, and aggregated or de-identified quality measures — together with limited operational logs, used for quality, reliability, and safety (including abuse prevention). Where required by law, we rely on appropriate legal bases for processing. You may have rights to access, correct, delete, or object to certain processing as described in the Privacy Policy.

6.2. Community sharing is optional and off unless you turn it on. We do not contribute anything from your account to the shared community pool unless you enable community sharing for your scope. Enabling it is a deliberate choice — it is never selected for you, and accepting these Terms does not by itself enable it. While it is on, what may be shared is limited to task structure and agent templates, which are redacted and safety-scanned before sharing to remove personal data, secrets, and identifiers of you or your organization. Your raw messages and uploaded files are never contributed to the community pool. Only other participants who have also opted in can recall shared items, and you can turn the setting off at any time or exclude an individual run. See the Privacy Policy for the full description.

6.3. Security. While we implement reasonable protections (such as encryption and access controls), we cannot guarantee absolute security; you share responsibility for securing your devices and credentials.

6.4. Notices. We may deliver notices by email to the address on your account, through the Platform, or by another legally permitted method. You may send legal notices to support@tryelisai.com.

6.5. Force majeure. We are not liable for delays or failures due to events outside our reasonable control (including natural disasters, cyber incidents beyond our reasonable control, or government action).

6.6. Assignment. You may not assign your rights or obligations without our prior written consent. We may assign our rights with notice where required.

Coverage summary (non-binding)

These Terms address eligibility and acceptance, conduct and content licensing, disclaimers and liability caps, indemnification, dispute resolution, operational changes, termination, privacy and data linkage, security, notices, force majeure, and assignment. This summary is not a substitute for reading the full agreement.