2.1 Eligibility

To use the Services, you must:

• Be at least 18 years of age (or the age of legal majority in your jurisdiction, whichever is greater)

• Have the legal capacity to enter into a binding contract

• Not be prohibited from using the Services under applicable laws or regulations

• If acting on behalf of a business, be duly authorized to bind that business

2.2 Account Registration

Certain features of the Services require account registration. You agree to:

• Provide accurate, current, and complete information during registration

• Maintain and promptly update your account information

• Keep your login credentials confidential and not share them with any third party

• Notify us immediately at [email protected] if you suspect unauthorized access to your account

• Accept responsibility for all activity that occurs under your account

We reserve the right to refuse registration, suspend, or terminate any account at our sole discretion, including where we believe the account information is inaccurate, the account is being used in violation of these Terms, or the account poses a risk to us or others.

3.1 Description

Emplorium provides an AI-powered platform that enables businesses and individuals to build, deploy, and manage intelligent automation workflows, AI pipelines, integrations, and customer-facing experiences. The specific features and functionality available to you depend on your subscription plan.

3.2 Modifications to the Services

We continuously improve and evolve the Services. We reserve the right to:

• Add, modify, suspend, or discontinue any feature or aspect of the Services at any time

• Impose limits on certain features or restrict access to parts of the Services

• Perform scheduled or emergency maintenance that may temporarily interrupt access

We will make reasonable efforts to provide advance notice of material changes, but are not obligated to do so for minor updates, security patches, or emergency maintenance.

3.3 Service Availability

We aim to provide highly available and reliable Services, but we do not guarantee uninterrupted or error-free operation. Access to the Services may be limited or interrupted due to maintenance, updates, infrastructure failures, or circumstances beyond our control. Emplorium shall not be liable for any interruption, delay, or failure of the Services.

3.4 Beta Features

From time to time, we may make experimental or beta features available. These features are provided "as is," may be unstable, and may be modified or discontinued at any time without notice. Beta features are not covered by any service level agreements.

4.1 Your Content

You may submit, upload, or otherwise provide data, text, files, instructions, prompts, and other content to the Services ("Input"). The Services may generate outputs, results, or deliverables based on your Input ("Output"). Input and Output are collectively referred to as "Content."

4.2 Ownership

As between you and Emplorium, you retain ownership of your Input. Subject to your compliance with these Terms, you own the Output generated for you, subject to applicable law and any third-party rights embedded therein. You acknowledge that Output is generated by AI systems and may not be unique to you. Similar inputs from different users may produce similar or identical outputs. Other users' outputs are not your Content, and you have no claim over them.

4.3 License to Emplorium

By submitting Content to the Services, you grant Emplorium a worldwide, non-exclusive, royalty-free license to:

• Process, host, copy, transmit, and display your Content solely to operate and provide the Services

• Use aggregated, de-identified Content to improve and develop the Services and our AI models

• Use your Content to detect and prevent fraud, abuse, and violations of these Terms

We will not use your identifiable personal Content to train our generalized AI models without your explicit, separate consent. See our Privacy Policy for details on how we handle Content.

4.4 Your Representations

By submitting Content, you represent and warrant that:

• You own or have all necessary rights, licenses, and permissions to submit the Content and grant us the license above

• Your Content does not infringe, misappropriate, or violate any intellectual property rights, privacy rights, or other rights of any third party

• Your Content complies with applicable laws and our Acceptable Use Policy (Section 5)

• Your Content does not contain any protected health information (PHI), financial account numbers, government-issued identification numbers, or other highly sensitive categories of data unless expressly permitted under a separate written agreement

4.5 Content Moderation

We reserve the right, but have no obligation, to review, monitor, screen, edit, or remove any Content that we reasonably determine violates these Terms, applicable law, or poses a risk to users or the public. We may terminate accounts that repeatedly violate these Terms.

5.1 Prohibited Activities

You agree to use the Services only for lawful purposes and in a manner consistent with these Terms. You must not use the Services to:

• Violate any applicable local, national, or international laws or regulations

• Infringe, misappropriate, or violate any intellectual property, privacy, or other rights of any person or entity

• Generate, distribute, or transmit content that is unlawful, harmful, defamatory, obscene, discriminatory, or otherwise objectionable

• Create, distribute, or promote malware, spyware, ransomware, viruses, or other malicious code

• Attempt to gain unauthorized access to any system, network, database, or account

• Interfere with, disrupt, or overload the infrastructure of the Services

• Scrape, crawl, or systematically extract data from the Services without prior written permission

• Reverse engineer, decompile, or disassemble any component of the Services

• Use the Services to generate SPAM, unsolicited messages, or deceptive communications at scale

• Impersonate any person or entity, or falsely claim affiliation with any person or entity

• Use the Services to develop competing products or services without our prior written consent

• Use the Services in any way that could mislead, deceive, or harm end users

• Use automated systems (bots, scrapers) to access the Services beyond what is expressly permitted by our API documentation

5.2 AI-Specific Prohibitions

You must not use the Services to:

• Generate content that constitutes disinformation, deepfakes, or synthetic media intended to deceive

• Use the Services to automate harassment, coordinated inauthentic behavior, or manipulation campaigns

• Attempt to extract, reproduce, or reverse-engineer our proprietary AI models or training data

• Use outputs of the Services to claim AI-generated content is human-created in contexts where this is deceptive or regulated

Violations of this Acceptable Use Policy may result in immediate suspension or termination of your account, without refund.

6.1 Emplorium's Intellectual Property

The Services, including all software, algorithms, AI models, interfaces, documentation, logos, trademarks, and other materials, are the exclusive property of Emplorium and its licensors and are protected by intellectual property laws worldwide. Nothing in these Terms grants you any rights in the Services or Emplorium's intellectual property other than the limited license expressly set out below.

6.2 Limited License to You

Subject to your compliance with these Terms, Emplorium grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business or personal purposes as expressly permitted by these Terms and your subscription plan.

6.3 API Access

If you access the Services via our API, you must comply with our API Documentation and any applicable developer terms. You may not use the API to build competing products, resell API access without authorization, or exceed usage limits set by your plan.

6.4 Feedback

If you submit ideas, suggestions, or feedback regarding the Services ("Feedback"), you grant Emplorium a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate such Feedback into the Services or any future product, without any obligation of compensation or attribution to you. Emplorium shall exclusively own all improvements derived from Feedback.

6.5 Trademarks

The "Emplorium" name, logo, and all related product names and service marks are trademarks of Emplorium, Inc. You may not use these marks without our prior written consent. Third-party trademarks referenced in the Services are the property of their respective owners.

7.1 Subscription Plans

Access to certain features of the Services requires a paid subscription. By selecting a subscription plan, you authorize Emplorium to charge your designated payment method on a recurring basis (monthly or annually, as selected) until you cancel.

7.2 Billing & Renewal

• Subscriptions automatically renew at the end of each billing cycle at the then-current rate

• You will be charged on the same day each month or year as your original subscription date

• We will notify you by email of any changes to subscription pricing at least 30 days before they take effect

• Continued use of the Services after a price change constitutes acceptance of the new pricing

7.3 Payment Methods

You represent and warrant that you have the right to use any payment method you provide. By submitting payment information, you authorize us (or our payment processor) to charge that method for all amounts due. We use industry-standard encryption and PCI-compliant processors; we do not store raw card numbers.

7.4 Overages

If your usage exceeds the limits included in your subscription plan, we may charge you for the excess usage at the applicable overage rates disclosed in your plan documentation or account dashboard. You authorize us to charge such overage amounts to your payment method on file.

7.5 Cancellation

You may cancel your subscription at any time through your account settings or by contacting [email protected]. Cancellation takes effect at the end of the current billing period. You will retain access to the Services through the end of the period for which you have paid. We do not provide prorated refunds for unused time within a billing period.

7.6 Refunds

All fees are non-refundable except where required by applicable law or expressly stated otherwise. If you believe you have been charged in error, contact [email protected] within 30 days of the charge, and we will review your request in good faith.

7.7 Free Trials & Promotional Offers

We may offer free trials or promotional pricing. Unless you cancel before the end of a free trial, your subscription will automatically convert to a paid plan at the applicable rate. Promotional rates may not be combined with other offers unless expressly stated.

7.8 Taxes

Prices do not include applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for any such taxes applicable to your purchase. Where we are required to collect taxes, they will be added to your invoice.

8.1 Mutual Confidentiality

Each party may have access to confidential information of the other party in connection with the Services ("Confidential Information"). Each party agrees to:

• Keep Confidential Information strictly confidential

• Use Confidential Information only as necessary to fulfill obligations under these Terms

• Not disclose Confidential Information to any third party without prior written consent, except to employees or contractors with a need to know who are bound by comparable confidentiality obligations

8.2 Exclusions

Confidential Information does not include information that:

• Is or becomes publicly available through no fault of the receiving party

• Was rightfully known before disclosure

• Is rightfully received from a third party without restriction

• Is independently developed without use of the other party's Confidential Information

8.3 Compelled Disclosure

If required by law to disclose Confidential Information, the receiving party shall provide prompt written notice to the disclosing party (to the extent permitted by law) so the disclosing party may seek a protective order, and shall cooperate reasonably in such efforts.

12.1 Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Emplorium does not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components. AI-generated outputs are probabilistic in nature and may be incomplete, inaccurate, or unsuitable for your intended purpose. You are responsible for evaluating the appropriateness of any Output before relying on it.

12.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EMPLORIUM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES

Emplorium's total aggregate liability to you for any and all claims arising out of or relating to these Terms or the Services shall not exceed the greater of: (a) the total fees paid by you to Emplorium in the twelve (12) months preceding the claim, or (b) one hundred United States dollars (USD $100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the above limitations shall apply to the maximum extent permitted by applicable law.

13.1 Informal Resolution

Before initiating any formal dispute, you agree to first contact us at [email protected] to describe your concern and allow us 30 days to attempt to resolve the matter informally. Most concerns can be resolved quickly through this process.

13.2 Arbitration Agreement

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services (excluding IP disputes and small claims) shall be resolved by binding individual arbitration, rather than in court, under the rules of the American Arbitration Association (AAA). The arbitrator shall have authority to grant the same remedies as a court.

BY AGREEING TO THESE TERMS, YOU AND EMPLORIUM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION BY EMAILING [email protected] WITHIN 30 DAYS OF FIRST AGREEING TO THESE TERMS.

13.3 Class Action Waiver

All disputes shall be resolved on an individual basis. You may not bring claims as a plaintiff or class member in any purported class action, collective action, or representative proceeding. If applicable law prevents this waiver from being enforced, the arbitration agreement shall not apply to that claim.

13.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm. Small claims court actions within applicable jurisdictional limits are also exempt from mandatory arbitration.

15.1 Term

These Terms are effective when you first access the Services and continue until terminated by you or Emplorium.

15.2 Termination by You

You may stop using the Services and close your account at any time by contacting [email protected] or using the account deletion feature in your account settings. Termination does not entitle you to a refund of prepaid fees.

15.3 Termination by Emplorium

We may suspend or terminate your account and access to the Services, with or without notice, if:

• You breach any provision of these Terms

• We are required to do so by law or a regulatory authority

• Your use of the Services poses a risk to Emplorium, other users, or third parties

• Your account has been inactive for an extended period and you have not responded to our communications

• We discontinue the Services or a portion thereof

15.4 Effect of Termination

Upon termination:

• Your right to access the Services ceases immediately

• Any Content stored in your account may be deleted after a reasonable grace period

• Any provisions of these Terms that by their nature should survive termination shall survive, including Sections 4.3, 6, 11, 12, 13, and 14

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Emplorium with respect to the Services and supersede all prior agreements, representations, or understandings.

17.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

17.3 Waiver

No waiver by Emplorium of any breach or default shall be deemed a waiver of any preceding or subsequent breach or default. Our failure to exercise any right or remedy shall not constitute a waiver of that right or remedy.

17.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Emplorium may freely assign these Terms, including in connection with a merger, acquisition, or sale of assets, provided we notify you.

17.5 Force Majeure

Neither party shall be liable for failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, acts of government, internet outages, pandemics, or third-party service failures.

17.6 No Third-Party Beneficiaries

These Terms are for the benefit of you and Emplorium only. Nothing in these Terms creates any rights in any third party.

17.7 Electronic Communications

By using the Services, you consent to receive communications from us electronically. We may communicate with you by email or by posting notices in the Services. You agree that all communications sent electronically satisfy any legal requirement that such communications be in writing.

17.8 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.