Terms of Service

1. Acceptance of Terms

These Terms of Service are also the end user license for the Service. They are a contract between you and Eklipsa LLC ("Eklipsa," "we," "us"). They cover your access to and use of the Eklipsa websites and applications (the "Service"). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

These Terms, together with our Privacy Policy and Data Disclosures, and any additional terms presented for specific features, form the complete agreement between you and Eklipsa LLC regarding the Service.

2. Eligibility and Account Registration

You must be at least 18 years old, or the age of majority where you live if that age is higher, to apply, create an account, or use the Service. If you use the Service for a company or other organization, you represent that you have authority to bind that organization to these Terms.

To use certain features of the Service, you must create an account. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Providing accurate account information and keeping it up to date
• Notifying us immediately of any unauthorized use

3. Description of Service

Eklipsa provides an AI-powered brand management platform that helps users:

• Define and develop brand identity through guided workshops
• Generate brand-consistent content using AI tools
• Manage brand assets and guidelines
• Collaborate with AI assistants for brand-related tasks

4. Access, Billing, and Refunds

Professional Pilot. Current entry to the Service is the One-Client Professional Pilot. You apply, and Eklipsa reviews the application. Eklipsa may accept or decline it. Acceptance is not guaranteed. If you are accepted, the pilot covers one qualifying client. The pilot lasts 30 active days, counted from the day that client is activated. It does not start on the day you apply or the day you are accepted. Eklipsa grants 100,000 AI credits once, when that client is activated. The pilot does not require a credit card and is not a subscription. It is not a standing free plan. A second free client engagement is not included.

Paid plans. You may continue on a paid plan after the pilot, or you may stop. The paid plans offered, and the price of each plan, are shown on the pricing page. Paid plans are billed monthly in advance and renew each month until you cancel. You authorize Eklipsa and its payment provider to charge the fees and taxes for the plan you select. A longer billing period is not offered for new subscriptions today. If Eklipsa offers one later, the billing period and price will be shown before you pay.

You may cancel a paid plan from Settings → Billing. Cancellation takes effect at the end of the period already paid. You keep access through that date. The Professional Pilot has no card on file. Pilot access ends when the 30 active days end, or sooner if Eklipsa suspends or ends access under these Terms.

Included AI credits for a paid plan are described on the pricing page. Unused included credits do not roll over to the next month. Eklipsa does not sell separate credit packs.

Except where required by law, fees are non-refundable once charged, but we may offer case-by-case credits or exceptions at our discretion.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Generate harmful, misleading, or inappropriate content
• Attempt to gain unauthorized access to the Service
• Interfere with or disrupt the Service's operation
• Reverse engineer, scrape, or abuse APIs beyond authorized use
• Use the Service in violation of export control or sanctions laws

6. Your Content and License to Operate the Service

You retain ownership of all content you create, upload, or submit through the Service ("User Content"). You grant Eklipsa LLC a limited, non-exclusive license to host, process, transmit, and display User Content solely as needed to operate, maintain, and improve the Service.

AI-generated content created through the Service is owned by you, subject to any underlying intellectual property rights and AI provider terms.

7. AI Output Disclaimer

AI-generated outputs may be incomplete, inaccurate, or unsuitable for your specific use case. You are responsible for reviewing outputs before using them for business, legal, financial, compliance, or other high-impact decisions.

We do not guarantee that outputs are unique, non-infringing, or error-free.

8. Intellectual Property

The Service, including software, design, branding, and related materials, is owned by Eklipsa LLC or its licensors and is protected by intellectual property laws.

Except as expressly permitted in these Terms, you may not copy, modify, distribute, sell, or lease any part of the Service.

9. Third-Party Services

The Service may integrate third-party services (for example payment processors, hosting, analytics, or AI providers). Your use of third-party services may be subject to their separate terms and policies.

10. Termination and Suspension

We may suspend or terminate access if you violate these Terms, create legal or security risk, or misuse the Service. You may stop using the Service at any time.

Upon termination, rights granted to you under these Terms end, while provisions that should reasonably survive (including payment obligations, disclaimers, limitation of liability, and dispute terms) remain in effect.

11. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Limitation of Liability

To the fullest extent permitted by law, Eklipsa LLC and its affiliates, officers, employees, and partners are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, or business interruption arising from or related to your use of the Service.

To the fullest extent permitted by law, our total liability for all claims relating to the Service will not exceed the amounts you paid us for the Service in the 12 months preceding the event giving rise to liability.

13. Indemnification

You agree to defend, indemnify, and hold harmless Eklipsa LLC and its affiliates from claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your User Content, or your violation of these Terms or applicable law.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Ohio, United States of America, without regard to conflict-of-law principles. You agree to the exclusive jurisdiction and venue of the state and federal courts located in Ohio, except where applicable law provides otherwise.

15. Changes to Terms

We reserve the right to modify these terms at any time. We will notify users of significant changes via email or through the Service. Continued use of the Service after changes constitutes acceptance of the new terms.

16. General Terms

If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. Our failure to enforce any right is not a waiver of that right. You may not assign these Terms without our prior written consent.

17. Contact Information

If you have any questions about these Terms of Service, please contact us at:

legal@eklipsa.ai