Effective Date: March 12, 2024
1. Introduction
Welcome to Euryka, a multi-function AI platform offering features such as Brand and Project Hubs, Threads, Imaginations, and Voice Over with Character Library (the “Services”).
These Terms of Service (the “Agreement”) are entered into by Euryka AI Limited, an Irish company (“Euryka”, “We”, “Us”), and the entity or person agreeing to these terms (the “Customer,” “You”, “Your”). By using the Services, you agree to be bound by this Agreement.
We may update these terms from time to time. Continued use of the Services after any modifications constitutes acceptance of the changes. If you do not agree with the revisions, you must stop using the Services.
2. The Services
2.1 Age Requirements
You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you are at least 18 years old and have the right, authority, and capacity to enter into this Agreement and abide by its terms. If you are under 18 years old, you may not use the Services under any circumstances.
2.2 Service Availability and Quality
The Services are provided on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including but not limited to warranties of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. Euryka does not guarantee that the Services will always function error-free or uninterrupted. You are solely responsible for determining the appropriateness of using or redistributing the content created using the Services (“User Content”) and assume all risks associated with use of the Services.
2.3 Account Requirements
Use of the Services requires creation of an account. You are responsible for all activity that occurs under your account. You agree to provide accurate account information and promptly update it as needed. Sharing of accounts is prohibited.
2.4 Service Modifications and Termination
Euryka reserves the right to modify, suspend or discontinue the Services at any time, for any reason, with or without notice. We may also impose usage limits on certain features.
Euryka may terminate or suspend your access to the Services at any time for any reason, including if we reasonably believe you have violated this Agreement.
2.5 Subscriptions and Fees
The Services are accessed through a tiered subscription model, with different features and usage limits at each tier as described on the Euryka pricing page. Payments are charged monthly in advance. Unused monthly usage will not roll over to subsequent months.
Upgraded plans include usage-based overages charged for excess usage beyond the plan limits. Outstanding overages are billed at month-end or upon plan changes.
3. Intellectual Property
3.1 Euryka IP
The Services and all Intellectual Property Rights in them, including software, logos, and trademarks, are owned by or licensed to Euryka. You agree not to copy, modify, distribute, sell, or lease any part of our Services unless you have our written permission.
3.2 User Content IP
Euryka claims no intellectual property rights over the User Content you create with our Services. You own your User Content, subject to the licences you grant us below.
3.3 License Grants
By using the Services, you grant Euryka a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and Euryka’s business, including for product improvement and development.
You are responsible for ensuring you have all rights required to grant us this licence for any content you submit to the Services.
4. Acceptable Use
4.1 Prohibited Uses
When using the Services, you agree not to:
- Violate any applicable laws or regulations
- Infringe any intellectual property or other rights of Euryka or third parties
- Upload or share unauthorised content, including content you don’t have permission to use, confidential information, or personal data of others
- Impersonate any person or entity or falsely claim an affiliation
- Transmit any viruses, malware, or other malicious code
- Attempt to gain unauthorised access to the Services or Euryka systems
- Interfere with the proper working of the Services
- Monitor the Services’ availability, performance or functionality for competitive purposes
- Engage in any abusive, harassing, obscene, hateful, or threatening behaviour
- Promote or facilitate illegal activities, including exploiting minors
4.2 Content Monitoring and Enforcement
Euryka may, but has no obligation to, monitor, review, and edit User Content. We may remove or disable access to any User Content for any reason, including if we believe it violates this Acceptable Use Policy.
Euryka may take appropriate action against users for violations, including warnings, account suspensions, terminations, and bans. We may also report potentially illegal activities to authorities as appropriate.
Repeated or severe violations of this policy may lead to permanent account termination.
5. Warranties and Limitations of Liability
5.1 Disclaimers
To the fullest extent allowed by law, Euryka disclaims all warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, and non-infringement.
The Services are provided “AS IS” and “AS AVAILABLE” without warranty of any kind. Euryka does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
5.2 Limitation of Liability
To the maximum extent permitted by law, Euryka shall not be liable to you for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, data, goodwill or other intangible losses, regardless of whether we were warned of the possibility of such damages.
Euryka’s aggregate liability arising from or relating to this Agreement or the Services will not exceed the amounts paid by you for access to the Services during the prior 12 months (if any). This limitation will apply even if any limited remedy provided in this Agreement is found to have failed of its essential purpose.
5.3 Exceptions
Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above disclaimers and limitations may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary by jurisdiction.
6. Indemnification
You agree to defend, indemnify and hold harmless Euryka and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, costs and expenses, including reasonable legal and accounting fees, arising from or related to (i) your access to or use of the Services, (ii) your User Content, or (iii) your violation of this Agreement.
7. Governing Law and Dispute Resolution
7.1 Governing Law
This Agreement is governed by the laws of Ireland, without regard to its conflict of laws provisions.
7.2 Dispute Resolution
In the event of any controversy, claim, or dispute between the parties arising out of or relating to this Agreement or the Services (collectively, a “Dispute”), the parties shall first attempt to resolve the Dispute informally.
Except for Disputes related to the infringement or misappropriation of Euryka’s intellectual property rights, if the Dispute cannot be resolved through informal means, the parties agree to resolve the Dispute through binding arbitration conducted in accordance with the arbitration rules of the European Arbitration Centre. The arbitration shall take place in Ireland and the language shall be English.
Notwithstanding the foregoing, Euryka may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
8. Modification of Terms
We may revise this Agreement from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material, we will notify you (for example via email to the email address associated with your account). Other revisions may be posted to our Terms of Service page, so please check that page regularly.
By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Agreement. If you do not agree to the revised terms, you must stop using the Services.
9. Miscellaneous
9.1 Entire Agreement
This Agreement, together with the Privacy Policy and any other legal notices or additional terms published by Euryka on the Services, constitute the entire agreement between you and Euryka regarding the use of the Services.
9.2 Waiver and Severability
Euryka’s failure to enforce any right or provision of this Agreement is not a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of the Agreement will continue in full force and effect.
9.3 Assignment
This Agreement and rights and obligations under it are not assignable, transferable or sublicensable by you except with Euryka’s prior written consent. Euryka may assign this Agreement in whole or in part without your consent.
9.4 Notices
You agree that Euryka may provide you with notices, including those regarding changes to this Agreement, by email, regular mail, or postings on the Services. By providing Euryka your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
10. Contact Us
For general inquiries, complaints, questions or claims concerning the Services, please contact:
Euryka AI Limited contact@euryka.ai