Elwyn AI Terms and Usage Policy

1. Introduction and Definitions

Introduction

Welcome to Elwyn AI ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of Elwyn AI's website, services, and applications (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

Definitions

For the purpose of these Terms, the following definitions apply:

• User: Any individual or entity that accesses or uses the Service.
• AI Agent: A conversational artificial intelligence program created using the Service.
• User Data: Any information or content that Users provide to the Service, including but not limited to conversational data, login credentials, and billing information.
• Generated Content: Any output produced by the AI Agents or the Service.
• Free Trial: The limited-time access to the Service provided to Users with verified email addresses.
• Paid Subscription: The paid access to the Service with additional features and capabilities.

2. User Accounts and Registration

2.1 Account Creation

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.2 Account Security

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

2.3 Free Trial

a) Eligibility: We offer a free trial of the Service to Users with verified email addresses.

b) Duration: The free trial period lasts for 14 days from the date of account creation.

c) Limitations: During the free trial, certain features may be limited or unavailable.

d) Conversion: At the end of the free trial period, your account will automatically convert to a Paid Subscription unless you cancel before the trial ends.

2.4 Paid Subscription

a) To access full features of the Service, you must purchase a Paid Subscription.

b) Subscription plans and pricing are available on our website and may be changed at our discretion.

c) You agree to pay all fees associated with your Paid Subscription.

2.5 Account Termination

We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any portion thereof, in our sole discretion, for any reason, including but not limited to a violation of these Terms.

3. Service Description

3.1 Overview of Elwyn AI

Elwyn AI is a conversational AI platform that allows Users to create, customize, and deploy AI Agents for various tasks. Our Service aggregates multiple Large Language Models (LLMs) hosted on various cloud platforms to provide a comprehensive AI solution.

3.2 Key Features

a) AI Agent Creation: Users can create customized conversational AI Agents tailored to specific tasks or domains.

b) Multiple LLM Integration: Our platform leverages various LLMs to enhance the capabilities and performance of AI Agents.

c) Conversation Management: Users can manage and analyze conversations between AI Agents and end-users.

d) Customization Tools: We provide tools for fine-tuning AI Agents' responses and behaviors.

3.3 Service Availability

a) We strive to ensure that the Service is available 24/7. However, we do not guarantee uninterrupted access to the Service.

b) We reserve the right to modify, suspend, or discontinue the Service or any part thereof with or without notice.

3.4 Updates and Changes

We may update the Service from time to time to improve performance, enhance functionality, address user feedback, or other reasons. We will notify Users of significant changes that may affect their use of the Service.

3.5 Limitations of AI Technology

a) Users acknowledge that AI technology, including our Service, has limitations and may produce errors or unexpected results.

b) The Service is provided "as is" and "as available" without warranties of any kind, either express or implied.

c) Users are responsible for reviewing and validating all Generated Content before use or implementation.

3.6 Prohibited Uses

Users agree not to use the Service for any unlawful purposes or in any way that could damage, disable, overburden, or impair the Service. Prohibited uses include, but are not limited to:

a) Creating AI Agents that generate illegal, harmful, or offensive content.

b) Attempting to gain unauthorized access to the Service or other users' accounts.

c) Using the Service to infringe upon intellectual property rights.

d) Engaging in any activity that interferes with or disrupts the Service.

4. Data Collection and Usage

4.1 Types of Data Collected

Elwyn AI collects and processes the following types of User Data:

a) Conversational Data: Information from user interactions with AI Agents.

b) Account Information: Login credentials and user profile details.

c) Billing Information: For Paid Subscription users, including address and email (excluding credit card numbers).

d) Usage Data: Information about how the Service is accessed and used.

4.2 Purpose of Data Collection

We collect and use the data for the following purposes:

a) Providing and improving the Service

b) Training and enhancing our AI models

c) Personalizing user experience

d) Processing payments and maintaining billing records

e) Communicating with users about their accounts and the Service

f) Complying with legal obligations

4.3 Data Processing and Storage

a) User Data is processed and stored on secure servers located in various locations in South East Asia and North America.

b) We implement industry-standard security measures to protect User Data from unauthorized access, alteration, disclosure, or destruction.

4.4 Data Retention

a) We retain User Data for as long as necessary to provide the Service and fulfill the purposes outlined in these Terms.

b) Users may request deletion of their data at any time, subject to our legal and operational requirements.

4.5 User Rights

In accordance with applicable data protection laws, users have the right to:

a) Access their personal data

b) Correct inaccurate personal data

c) Request deletion of their personal data

d) Object to or restrict certain data processing activities

e) Data portability, where applicable

4.6 Third-Party Service Providers

a) We may engage third-party service providers to assist in providing the Service. These providers are bound by confidentiality agreements and are prohibited from using User Data for any purpose other than providing services to Elwyn AI.

b) Payment processing is handled by third-party payment gateways. We do not store credit card information on our servers.

4.7 Changes to Data Practices

We reserve the right to modify our data practices. Any significant changes will be communicated to users through the Service or via email.

5. User-Generated Content and AI Agents

5.1 Ownership and Intellectual Property Rights

a) User-Generated Content: Users retain ownership of the content they input into the Service. By using Elwyn AI, users grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and process this content solely for the purpose of providing and improving our Service.

b) AI Agents: The AI Agents created by users using our Service are the property of the user who created them. However, Elwyn AI retains the right to use aggregated, anonymized data derived from these agents for improving our AI models and Service.

c) Generated Content: The ownership and intellectual property rights of content generated by AI Agents may vary depending on applicable laws. Users are responsible for understanding and complying with relevant intellectual property laws when using Generated Content.

5.2 User Responsibilities

Users are solely responsible for:

a) The content they input into the Service

b) The AI Agents they create and deploy

c) The use and distribution of Generated Content

d) Ensuring they have the necessary rights to use, modify, and distribute any content used in conjunction with our Service

5.3 Prohibited Content and Uses

Users agree not to create, upload, or use content or AI Agents that:

a) Violate any applicable laws or regulations

b) Infringe on intellectual property rights of others

c) Contain malicious code, viruses, or harmful data

d) Promote hate speech, discrimination, or violence

e) Are defamatory, obscene, or offensive

f) Impersonate others or misrepresent their affiliation with any person or entity

g) Engage in or promote illegal activities

5.4 Monitoring and Removal

a) We reserve the right, but do not assume the obligation, to monitor any content created, uploaded, or generated through our Service.

b) We may remove or disable access to any content or AI Agent that violates these Terms or applicable laws, without prior notice and at our sole discretion.

5.5 Reporting Violations

Users can report content or AI Agents that violate these Terms by contacting us at Elwyn AI.

5.6 Indemnification

Users agree to indemnify and hold Elwyn AI harmless from any claims resulting from their use of the Service, their User-Generated Content, AI Agents, or any content generated through the Service.

5.7 Disclaimer of Warranties

a) Elwyn AI does not guarantee the accuracy, quality, or appropriateness of any Generated Content.

b) Users acknowledge that AI-generated content may be imperfect and agree to review and validate all Generated Content before use or distribution.

5.8 Export Control

Users are responsible for complying with all applicable export control laws when using the Service or distributing Generated Content or AI Agents.

6. Payment Terms

6.1 Pricing Structure

a) Our current pricing structure is available on our website at Elwyn homepage.

b) We reserve the right to change our prices at any time. Any price changes will be communicated to users in advance.

6.2 Free Trial

a) Eligible users may receive a free trial of our Service for a specified period.

b) No payment information is required for the free trial.

c) At the end of the free trial, users must subscribe to a paid plan to continue using the Service.

6.3 Subscription Plans

a) Users can choose from various subscription plans with different features and pricing.

b) Subscription fees are billed in advance on a recurring basis (monthly, annually, etc., as selected by the user).

c) Users agree to pay all charges associated with their account for the subscription plan chosen.

6.4 Payment Methods

a) We accept payments via Gopay and QRIS methods.

b) By providing payment information, users represent and warrant that they have the legal right to use any payment method(s) used in connection with any transaction.

6.5 Billing Cycles

a) The billing cycle begins on the date of the initial purchase of the subscription.

b) For subscriptions that renew automatically, the renewal date will be based on the original purchase date.

6.6 Automatic Renewal

Subscriptions automatically renew unless cancelled by the user before the renewal date.

6.7 Cancellation and Refunds

a) Users may cancel their subscription at any time through their account settings or by contacting our customer support.

b) Cancellations will take effect at the end of the current billing cycle.

c) We do not provide refunds for partial subscription periods or unused portions of the Service.

6.8 Late Payments and Account Suspension

a) If a payment is not successfully processed, due to expiration, insufficient funds, or otherwise, we may suspend access to your account until payment is successfully processed.

b) We reserve the right to terminate accounts with prolonged payment issues.

6.9 Taxes

a) Subscription fees are exclusive of any taxes unless stated otherwise.

b) Users are responsible for paying all applicable taxes associated with their use of the Service.

6.10 Price Changes

a) We may change the fees for our Service at any time.

b) Any fee changes will apply to the next billing cycle after the change is announced.

c) We will provide notice of any fee changes via the Service interface and/or email.

6.11 Disputes

If you believe that we have charged you in error, please contact our customer support within 30 days of such charge. No refunds will be given for any charges more than 30 days old.

7. Privacy and Security

7.1 Data Protection Measures

a) We implement industry-standard technical and organizational measures to protect User Data from unauthorized access, alteration, disclosure, or destruction.

b) Our security measures include, but are not limited to:

• Encryption of data in transit and at rest
• Regular security audits and penetration testing
• Access controls and authentication mechanisms
• Employee training on data protection and security practices

c) While we strive to use commercially acceptable means to protect User Data, we cannot guarantee its absolute security.

7.2 Data Processing Agreement

For users subject to data protection laws that require a Data Processing Agreement (DPA), we offer a standard DPA that can be executed separately.

7.3 Third-Party Services

a) We may use third-party services to support our Service. These services are contractually bound to use User Data only for the purpose of providing services to us.

b) Our third-party service providers are selected based on their commitment to security and compliance with relevant data protection regulations.

7.4 Payment Information Security

a) We do not store credit card information on our servers. All payment processing is handled by PCI-DSS compliant third-party payment gateways.

b) Users' payment information is subject to the privacy policies and terms of service of these third-party payment processors.

7.5 Data Breach Notification

In the event of a data breach that affects User Data, we will notify affected users and relevant authorities as required by applicable laws.

7.6 User Responsibilities

Users are responsible for:

• Maintaining the confidentiality of their account credentials
• Ensuring their use of the Service complies with their own privacy policies and legal obligations
• Obtaining necessary consents for the processing of any personal data they input into the Service

7.7 Children's Privacy

Our Service is not directed to children under the age of 13 (or higher, if required by applicable law). We do not knowingly collect personal information from children.

7.8 International Data Transfers

User Data may be transferred to, and processed in, countries other than the user's country of residence. We ensure that such transfers comply with applicable data protection laws.

7.9 Data Protection Rights

We respect user rights under applicable data protection laws. Users may have the right to:

• Access their personal data
• Correct inaccurate data
• Request deletion of their data
• Object to or restrict certain data processing activities
• Data portability

To exercise these rights, users can contact us at Elwyn AI.

7.10 Changes to Privacy Practices

We may update our privacy practices from time to time. We will notify users of any material changes through the Service or via email.

8. Limitation of Liability

8.1 Disclaimer of Warranties

a) THE SERVICE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

b) TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ELWYN AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 No Guarantee of Results

a) ELWYN AI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

b) ELWYN AI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

8.3 Limitation of Liability

a) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELWYN AI, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

i. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;

ii. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;

iii. ANY CONTENT OBTAINED FROM THE SERVICE; AND

iv. UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

b) IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID ELWYN AI IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

8.4 Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8.5 Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT ELWYN AI HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ELWYN AI, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ELWYN AI.

8.6 AI-Generated Content Disclaimer

ELWYN AI SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ANY ACTIONS RESULTING FROM YOUR USE OF ANY AI-GENERATED CONTENT. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF ANY CONTENT GENERATED BY OUR AI AGENTS.

9. Termination of Service

9.1 Term

These Terms will remain in full force and effect while you use the Service or maintain an account with Elwyn AI.

9.2 Termination by User

a) You may terminate your account and discontinue use of the Service at any time by following the instructions in your account settings or by contacting our customer support.

b) If you terminate a paid subscription before the end of your current paid term, your termination will take effect at the end of the current billing cycle, and you will not receive a refund for any fees paid in advance.

9.3 Termination by Elwyn AI

a) Elwyn AI reserves the right to suspend or terminate your access to the Service, in whole or in part, at any time and for any reason, with or without notice, at our sole discretion.

b) Without limiting the foregoing, we may terminate or suspend your account for any of the following reasons:

• Violation of these Terms
• Engaging in fraudulent or illegal activities
• Failure to pay any fees when due
• Extended periods of inactivity
• Upon request by law enforcement or government agencies
• Unexpected technical or security issues

9.4 Effects of Termination

a) Upon termination of your account:

• Your right to access and use the Service will immediately cease
• We may delete or archive any content or data associated with your account
• You will lose access to any AI Agents you have created using the Service

b) The following sections of these Terms will survive termination:

• Intellectual Property Rights
• Payment Terms (for any outstanding obligations)
• Privacy and Security
• Limitation of Liability
• Dispute Resolution
• Any other provision that by its nature should survive termination

9.5 Data Retention and Deletion

a) We may retain certain data associated with your account for a period after termination for the following purposes:

• Compliance with legal obligations
• Resolving disputes
• Enforcing our agreements
• Protecting our legal interests

b) You may request the deletion of your personal data after account termination, subject to the retention requirements mentioned above.

9.6 Refunds

a) We are not obligated to provide refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an active account.

b) In exceptional circumstances, refunds may be considered on a case-by-case basis and at our sole discretion.

9.7 Reactivation

If your account is terminated, you may not create a new account without our express permission. We reserve the right to refuse service to anyone for any reason at any time.

9.8 Modification of Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service.

10. Amendments to Terms

10.1 Right to Modify

Elwyn AI reserves the right to modify or replace these Terms at any time, in our sole discretion. It is your responsibility to check these Terms periodically for changes.

10.2 Notice of Changes

a) We will provide notice of changes to the Terms in one or more of the following ways:

• Posting a notice on our website
• Sending an email to the address associated with your account
• Displaying a message within the Service interface

b) For significant changes to the Terms, we will make reasonable efforts to provide at least 30 days' notice before the new Terms become effective.

10.3 Continued Use Constitutes Acceptance

Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the new Terms, you are no longer authorized to use the Service.

10.4 Material Changes

a) For any material changes to the Terms that adversely affect your rights or obligations, we will make reasonable efforts to notify you directly, such as through an email notification.

b) Material changes may include, but are not limited to:

• Changes to the pricing structure
• Significant reductions in functionality
• Changes to data handling practices

10.5 Objections to Changes

If you object to any changes in the Terms, your sole recourse is to discontinue your use of the Service.

10.6 Previous Versions

We will make reasonable efforts to keep previous versions of the Terms available upon request. You can request access to previous versions by contacting our customer support.

10.7 Governing Language

In the event of any discrepancy between the English version of these Terms and any translated version, the English version shall prevail.

10.8 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

10.9 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Elwyn AI.

10.10 Entire Agreement

These Terms, including any legal notices and disclaimers contained on this website, constitute the entire agreement between you and Elwyn AI regarding your use of the Service, and supersede all prior agreements and understandings with respect to the same.

11. Governing Law and Dispute Resolution

11.1 Governing Law

a) These Terms shall be governed by and construed in accordance with the laws of Indonesia, without regard to its conflict of law provisions.

b) Your use of the Service may also be subject to other local, state, national, or international laws, particularly data protection and privacy laws applicable in your jurisdiction.

11.2 Dispute Resolution

a) Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof ("Dispute"), shall be resolved through the following steps:

i. Informal Negotiation: The parties shall first attempt to resolve any Dispute informally by contacting each other through the Service or via email.

ii. Formal Negotiation: If the Dispute is not resolved through informal negotiation within 30 days, either party may initiate formal negotiations by sending a written notice to the other party describing the nature and basis of the Dispute.

iii. Mediation: If the Dispute is not resolved within 60 days after the initiation of formal negotiation, the parties agree to submit the Dispute to mediation under the Indonesian Government Mediation Rules.

11.3 Arbitration Proceedings

a) The seat of the arbitration shall be Indonesia.

b) The Tribunal shall consist of one arbitrator.

c) The language of the arbitration shall be Indonesian.

11.4 Restrictions on Class Actions

To the fullest extent permitted by law, all Disputes will be resolved individually and you may not bring, join or participate in any class action lawsuit, class arbitration, or other representative action or proceeding against Elwyn AI.

11.5 Injunctive Relief

Notwithstanding the foregoing, in the event of your or others' unauthorized access to or use of the Service in violation of these Terms, you agree that we shall be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

11.6 Time Limitation

You agree that any claim you may have arising out of or related to your relationship with Elwyn AI must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

11.7 Changes to Dispute Resolution Terms

If Elwyn AI makes any future changes to this dispute resolution provision, other than a change to Elwyn AI's address for notice, you may reject any such change by sending us written notice within 30 days of the change to Elwyn AI's address for notice.

11.8 Severability

If any portion of this Dispute Resolution section is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision shall be severed from these Terms, and the remaining portions of this section shall be enforceable to the fullest extent permitted by applicable law.