1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Elystrumcore.ai Inc. ("Elystrumcore," "we," "us," or "our") governing your access to and use of our website, platform, and services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
2. User Accounts
2.1 Account Creation
To access certain features of our Services, you must create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your information to keep it accurate
- Maintain the security of your account credentials
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized access
2.2 Account Eligibility
You must be at least 18 years old to create an account. By creating an account, you represent that:
- You are at least 18 years of age
- You have the legal capacity to enter into these Terms
- You are not prohibited from using our Services under applicable law
- All information you provide is truthful and accurate
2.3 Account Types
- Individual Accounts: For personal use
- Business Accounts: For organizations and teams
- Enterprise Accounts: Custom agreements with additional terms
2.4 Account Security
You are responsible for maintaining the confidentiality of your account credentials. We recommend:
- Using strong, unique passwords
- Enabling multi-factor authentication
- Not sharing your credentials with others
- Logging out of shared devices
3. Acceptable Use
You agree to use our Services only for lawful purposes and in accordance with these Terms. For detailed prohibited activities, see our Acceptable Use Policy.
3.1 Prohibited Activities
You agree NOT to:
- Violate any applicable laws, regulations, or third-party rights
- Use the Services for any illegal or unauthorized purpose
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the Services
- Upload malicious code, viruses, or harmful content
- Engage in any form of automated data collection (scraping)
- Impersonate others or provide false information
- Harass, abuse, or harm other users
- Use the Services to compete with us
- Reverse engineer or attempt to extract source code
3.2 Content Standards
Content you create or share must not:
- Infringe intellectual property rights
- Contain hate speech or discriminatory content
- Include adult or explicit material
- Promote violence or illegal activities
- Violate privacy or data protection laws
4. Services and Subscriptions
4.1 Service Description
Elystrumcore provides an AI orchestration platform with multi-agent coordination capabilities, analytics tools, and related services as described on our website.
4.2 Subscription Plans
- Free Tier: Limited features with usage restrictions
- Professional: Enhanced features for individuals and small teams
- Business: Advanced features for growing organizations
- Enterprise: Custom solutions with dedicated support
4.3 Service Availability
We strive to provide reliable Services but do not guarantee uninterrupted access. We may:
- Perform scheduled maintenance with advance notice
- Make emergency updates without notice
- Modify or discontinue features
- Set usage limits and quotas
4.4 Service Level Agreement (SLA)
Paid plans include uptime guarantees and support commitments as specified in your subscription tier. See our Service Level Agreement for details.
5. Intellectual Property Rights
5.1 Our IP Rights
The Services, including all software, designs, text, graphics, logos, and other content (excluding User Content), are owned by Elystrumcore and protected by copyright, trademark, and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes, subject to these Terms.
5.2 Restrictions
You may NOT:
- Copy, modify, or create derivative works
- Sell, rent, lease, or sublicense the Services
- Reverse engineer or decompile our software
- Remove copyright or proprietary notices
- Use our trademarks without permission
5.3 Feedback
Any feedback, suggestions, or ideas you provide to us become our property. We may use them without obligation or compensation to you.
6. User Content and Data
6.1 Your Content
You retain all ownership rights to content you upload, create, or process using our Services ("User Content"). You grant us a license to:
- Store and process your User Content to provide the Services
- Create backups and ensure data availability
- Use anonymized and aggregated data for analytics
- Display User Content as necessary to deliver the Services
6.2 Content Responsibilities
You are solely responsible for:
- The accuracy and legality of your User Content
- Obtaining necessary rights and permissions
- Compliance with applicable laws
- Backing up your important data
6.3 Data Processing
We process User Content in accordance with our Privacy Policy and applicable data protection laws (GDPR, CCPA, PIPEDA).
6.4 AI Training
We do NOT use your User Content to train AI models unless you explicitly opt in to our research program. Aggregated, anonymized usage data may be used for service improvements.
7. Payment and Billing
7.1 Subscription Fees
Paid subscriptions are billed in advance on a monthly or annual basis. Prices are displayed in USD or CAD as applicable.
7.2 Payment Methods
- Credit/debit cards (Visa, Mastercard, Amex)
- PayPal
- ACH/wire transfer (Enterprise plans only)
7.3 Automatic Renewal
Subscriptions automatically renew unless cancelled before the renewal date. You will be charged at the then-current rate.
7.4 Cancellation and Refunds
- Cancellation: Cancel anytime from your account settings
- Effect: Access continues until the end of your billing period
- Refunds: 14-day money-back guarantee for annual plans
- No Refunds: Monthly plans are non-refundable
7.5 Price Changes
We may change prices with 30 days' notice. Existing subscriptions maintain their price until renewal.
7.6 Taxes
Prices are exclusive of taxes. You are responsible for applicable sales, use, GST/HST, or VAT taxes.
8. Termination and Suspension
8.1 Termination by You
You may terminate your account at any time by canceling your subscription and deleting your account.
8.2 Termination by Us
We may terminate or suspend your account immediately if:
- You breach these Terms
- You engage in prohibited activities
- Your account is inactive for more than 12 months
- We are required to do so by law
- We discontinue the Services
8.3 Effect of Termination
Upon termination:
- Your access to the Services will be revoked
- You must cease using our intellectual property
- We may delete your User Content after 30 days
- Outstanding fees remain due
- Provisions that should survive will continue to apply
8.4 Data Retrieval
You may export your data within 30 days of termination. After this period, we may permanently delete your data.
9. Warranties and Disclaimers
9.1 Limited Warranty
We warrant that the Services will substantially conform to the documentation we provide.
9.2 Disclaimer
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY, RELIABILITY, OR AVAILABILITY
- ERROR-FREE OR UNINTERRUPTED OPERATION
9.3 AI Outputs
AI-generated content may contain errors or inaccuracies. You are responsible for reviewing and verifying all AI outputs before use.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM
- THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE
Exceptions: This limitation does not apply to:
- Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Matters that cannot be limited by law
11. Indemnification
You agree to indemnify, defend, and hold harmless Elystrumcore, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your use of the Services
- Your violation of these Terms
- Your User Content
- Your violation of any third-party rights
- Your violation of applicable laws
12. Dispute Resolution
12.1 Governing Law
These Terms are governed by the laws of the Province of Alberta, Canada, without regard to conflict of law principles.
12.2 Jurisdiction
Any disputes shall be resolved in the courts located in Calgary, Alberta, Canada. You consent to the exclusive jurisdiction of these courts.
12.3 Arbitration (Optional)
For disputes under $25,000 CAD, either party may elect binding arbitration under the rules of the ADR Institute of Canada.
12.4 Informal Resolution
Before initiating formal proceedings, we encourage you to contact us to seek an informal resolution.
12.5 Class Action Waiver
You agree to resolve disputes on an individual basis and waive the right to participate in class actions.
13. General Provisions
13.1 Entire Agreement
These Terms, together with our Privacy Policy and other referenced policies, constitute the entire agreement between you and Elystrumcore.
13.2 Amendments
We may modify these Terms at any time. Material changes will be notified via email or prominent notice. Continued use after changes constitutes acceptance.
13.3 Assignment
You may not assign or transfer your rights or obligations. We may assign our rights and obligations to any successor or affiliate.
13.4 Severability
If any provision is found unenforceable, the remaining provisions continue in full force.
13.5 Waiver
Our failure to enforce any provision does not constitute a waiver of our rights.
13.6 Force Majeure
We are not liable for delays or failures caused by circumstances beyond our reasonable control.
13.7 Export Compliance
You agree to comply with all applicable export control laws and regulations.
14. Contact Information
For questions about these Terms, please contact:
Legal Department
Email: legal@elystrumcore.ai
Mailing Address
Elystrumcore.ai Inc.
Legal Department
Calgary, Alberta, Canada
T2P 5E1