Terms of Service

Welcome to Encelade. These Terms of Service ("Terms") govern your access to and use of the Encelade platform, website, and services (collectively, the "Service"). By creating an account or using the Service, you agree to be bound by these Terms.

If you do not agree with these Terms, you must not use the Service.

1. Accounts

To use certain features of the Service, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You agree to provide accurate and complete information when creating your account and to keep this information up to date. You must notify us immediately of any unauthorized use of your account.

2. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights.
• Upload, transmit, or distribute content that is unlawful, defamatory, obscene, or otherwise objectionable.
• Attempt to gain unauthorized access to the Service, other accounts, or any related systems or networks.
• Interfere with or disrupt the integrity or performance of the Service.
• Use automated means (bots, scrapers, crawlers) to access or interact with the Service without our prior written consent.
• Reverse engineer, decompile, or disassemble any part of the Service.

3. Your Content

You retain ownership of any content you create, upload, or share through the Service ("Your Content"). By using the Service, you grant Encelade a non-exclusive, worldwide, royalty-free license to use, store, display, and reproduce Your Content solely for the purpose of operating and improving the Service.

You represent that you have all necessary rights to grant this license and that Your Content does not infringe on any third-party rights.

4. Intellectual Property

The Service and its original content (excluding Your Content), features, and functionality are and will remain the exclusive property of Encelade and its licensors. The Service is protected by copyright, trademark, and other laws.

5. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service ceases immediately.

You may terminate your account at any time by contacting us or using the account deletion feature in your settings. Upon termination, we will delete your account data in accordance with our Privacy Policy.

6. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. We do not warrant that the Service will be uninterrupted, error-free, or secure.

7. Limitation of Liability

To the maximum extent permitted by law, Encelade shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of the Service.

8. Subscription and Billing

Certain features of the Service require a paid subscription. By subscribing to a paid plan, you agree to pay the applicable fees as described at the time of purchase.

• Billing cycles: subscriptions are billed in advance on a monthly or annual basis, depending on the plan you select.
• Auto-renewal: subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.
• Cancellation: you may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period, and you will retain access until then.
• Refunds: we offer a full refund within the first 14 days of a new paid subscription if you are not satisfied. After the 14-day window, payments are non-refundable. Refunds do not apply to subscription renewals. If you believe a charge was made in error, contact us at support@encelade.app.
• Price changes: we may change subscription prices from time to time. Any price changes will take effect at the start of your next billing period, and we will notify you in advance.

9. AI-Generated Content

The Service uses artificial intelligence, including third-party AI models, to generate presentations, text, layouts, and other content on your behalf ("AI Output"). Additional terms governing the use of AI features are set out in our AI Terms of Use. By using these features, you acknowledge and agree that:

• AI Output is generated automatically and may contain inaccuracies, errors, or content that does not meet your expectations. You are solely responsible for reviewing, editing, and verifying all AI Output before using or sharing it.
• AI Output is not guaranteed to be unique. Other users may receive similar or identical output from the same or similar prompts.
• Content you provide as input (such as text, instructions, or uploaded materials) may be processed by third-party AI service providers — currently Anthropic (text generation), OpenAI (text generation), and Google (text and image generation via Gemini models) — to generate output. We select providers that maintain appropriate data handling practices, but we encourage you not to include sensitive personal data in your prompts.
• Encelade does not claim ownership of AI Output. Subject to these Terms, you may use AI Output for any lawful purpose. However, we make no representations regarding intellectual property rights in AI-generated content.
• You must not represent AI Output as an original, wholly human-generated work where disclosure of AI involvement is required by applicable law or regulation.
• You must not use AI Output, or any data derived from the Service, to develop, train, or improve any artificial intelligence, machine learning model, or similar technology, whether directly or indirectly, without our prior written consent.
• We do not guarantee that AI Output will be free from bias, offensive material, or factual errors. You agree not to rely on AI Output as professional, legal, medical, or financial advice.

10. Indemnification

You agree to indemnify, defend, and hold harmless Encelade and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your infringement of any third-party rights through Your Content or use of AI Output.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Paris, France.

12. Dispute Resolution

If you have a dispute with Encelade, we encourage you to contact us first at legal@encelade.app so we can try to resolve it informally. If we are unable to resolve the dispute informally within 30 days, either party may pursue formal proceedings in the courts specified under the Governing Law section above.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on the Service prior to the change becoming effective. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

14. Contact

If you have questions about these Terms, please contact us at legal@encelade.app.