Terms of Service

Last Updated: December 23, 2025

This legally binding agreement, as updated occasionally ("Terms"), is between Eigenplex Inc. (and its affiliates), referred to as "we," "our," "Company," or "us," and the user accepting these Terms, referred to as "Customer." These Terms regulate how the Customer and its authorized users ("Users") may access and use our generative AI application building platform provided via https://eigenplex.com/ and related services (the "Platform" and "Website"), offered on a Software-as-a-Service subscription basis.

Using the Platform means you accept these Terms. If accepting on behalf of an organization, you must have the authority to bind that entity.

The Website and Platform use is also subject to additional posted terms, including our Pricing page, Privacy Policy, Responsible Use Policy, and Copyright Policy, all of which are incorporated into these Terms.

IMPORTANT NOTICE: THESE TERMS INCLUDE A DISPUTE RESOLUTION AND ARBITRATION CLAUSE WITH A CLASS ACTION WAIVER, AFFECTING YOUR LEGAL RIGHTS. YOU CAN OPT OUT OF BINDING ARBITRATION AS DESCRIBED LATER.

1. Platform Access and Use

  • Right to Use: Provided you comply with these Terms, we grant you a limited, non-exclusive, non-transferable right to access and use the Platform for your internal business purposes during your subscription period.
  • Changes to Platform: We may modify, update, or discontinue any part of the Platform or Website at any time.
  • Usage Limits: Your use is subject to limits (like number of Users or messages) based on your subscription plan. Exceeding limits may incur extra charges.
  • Trials & Beta Services: We may offer free trials or pre-release (alpha/beta) services. These are provided "AS-IS" with very limited liability (capped at $100) and no promise of future availability.

2. Your Responsibilities

  • Accounts: You must create an account for each User. All Users must meet applicable minimum age requirements. You are responsible for maintaining the confidentiality and security of your accounts and for all activities that occur under them.
  • Compliance: You and your Users must comply with these Terms and all applicable laws, regulations, and third-party rights.
  • Your Infrastructure: You are responsible for providing and maintaining all systems, internet access, security measures, and data backups required to access and use the Platform and any applications you build using it.
  • Single Sign-On (SSO): If you register or log in using a third-party SSO service (such as Google), you represent and warrant that you are authorized to grant us access to the relevant account information.

3. Your Data

  • Ownership: You retain all right, title, and interest in and to any data, content, or information you upload, submit, or otherwise make available through the Platform (“Customer Data”).
  • License to Us: You grant us a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, host, store, reproduce, process, modify, and display Customer Data solely as necessary to operate, provide, maintain, improve, and secure the Platform, comply with applicable law, and enforce these Terms.
  • Your Warranties: You represent and warrant that you have all necessary rights, permissions, and consents to provide Customer Data and that such data does not violate applicable laws, regulations, or third-party rights. You agree not to upload or process specially protected or regulated data (such as health, biometric, or payment information) unless expressly agreed to by us in writing.

4. Intellectual Property

  • Our Property: We retain all right, title, and interest in and to the Platform, Website, and all related software, documentation, and materials, excluding Customer Data.
  • What You Create: You own the applications you build and the outputs generated for you through the Platform (“Generated Output”). To the extent we may otherwise have any rights in such Generated Output, we hereby disclaim and relinquish those rights. You acknowledge that, due to the nature of artificial intelligence, similar or identical outputs may be generated for other users.
  • Restrictions: You may not misuse the Platform, reverse engineer or attempt to derive its source code, use it to build or support a competing product or service, bypass or compromise security measures, or use the Platform for unauthorized, harmful, or high-risk purposes (including use in medical devices, autonomous vehicles, or other safety-critical systems). You may not use the Platform to provide regulated or licensed services (such as legal or medical advice) unless you hold all required licenses and authorizations.

5. Other Rights

  • Anonymous Data: We may collect, generate, and use aggregated or anonymized data that does not identify you or any individual User for analytics, improvements, research, and business purposes.
  • Feedback: Any feedback, suggestions, or ideas you provide regarding the Platform may be used by us without restriction or compensation, and you hereby assign all related rights to us.
  • Privacy: Your use of the Platform is governed by our Privacy Policy. If required by applicable law, a separate Data Processing Agreement (“DPA”) may apply and will form part of these Terms.
  • Copyright Complaints: If you believe that content on the Platform infringes your copyright, please submit a written notice to abuse@eigenplex.com including all information required by applicable law.

6. Third-Party Services & AI

The Platform integrates with third-party services and AI models. We are not responsible for these third parties, their terms, or their outputs. You must independently verify the accuracy of AI-generated content, as it may contain errors.

7. Subscription and Payment

  • Fees: You agree to pay all fees associated with your selected subscription plan. Except as expressly stated in these Terms, all fees are non-refundable.
  • Taxes: Subscription fees are exclusive of any applicable taxes, levies, or duties, which will be added to your charges where required by law.
  • Payment: Fees are billed and payable in advance. If payment is not received when due, we may charge interest on overdue amounts at the maximum rate permitted by law and suspend or terminate access to the Platform.
  • Term & Auto-Renewal: Subscriptions automatically renew for successive periods equal to the initial term unless canceled at least thirty (30) days prior to the end of the then-current term. You authorize us to charge your designated payment method for all renewal fees.
  • Price Changes: Upon renewal, subscriptions will be charged at our then-current rates. For annual plans, we will provide advance notice of any price increase where required by applicable law.
  • Cancellation: You may disable auto-renewal at any time through your account settings. No refunds or credits will be issued for any renewal period once it has commenced.

8. Termination

  • By Us: We may suspend or terminate your access to the Platform, immediately and without notice, if we reasonably believe you have misused the Platform, created a security risk, violated these Terms, or failed to pay applicable fees when due.
  • By You: You may terminate your subscription at any time by disabling auto-renewal through your account settings. Termination will take effect at the end of your then-current subscription term.
  • After Termination: Upon termination or expiration, you must immediately cease all use of the Platform and delete or destroy any materials provided by us. Upon your written request made within fifteen (15) days following termination, we will make Customer Data available to you in a standard, commercially reasonable format. After this period, we may delete Customer Data in accordance with our data retention policies. Any provisions which by their nature should survive termination, including intellectual property, limitation of liability, confidentiality, and governing law, shall survive.

9. Disclaimers and Liability

  • Disclaimer: THE PLATFORM AND ALL RELATED OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. We do not guarantee that the Platform will be uninterrupted, error-free, secure, or completely accurate. We are not responsible for the acts or omissions of any third-party services, or for any outputs generated by AI.
  • Your Responsibility: You are solely responsible for evaluating, backing up, securing, and maintaining the integrity of your Customer Data and any Generated Output produced using the Platform.
  • Liability Limit: TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM IS LIMITED TO THE FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. These limitations do not apply in cases of fraud, gross negligence, intellectual property infringement, or breach of fundamental obligations (such as payment or authorized use of the Platform).

10. Indemnification

You agree to defend and indemnify us against claims arising from your Customer Data, your use of the Platform/Generated Output, or violations of law or third-party rights related to your use.

11. Dispute Resolution & Arbitration (U.S. Users)

  • Individual Claims Only: Any disputes, claims, or controversies arising out of or relating to these Terms or the Platform must be brought on an individual basis only, and not as a class action, collective action, or in a representative capacity.
  • Arbitration: All claims will be resolved by binding individual arbitration conducted under the JAMS Comprehensive Arbitration Rules and Procedures, rather than in court. You and we expressly waive any right to a jury trial and to participate in a class, collective, or representative proceeding.
  • Exceptions: Notwithstanding the above, you may bring certain claims in small claims court, seek injunctive or equitable relief, or pursue disputes involving intellectual property rights in a court of competent jurisdiction.
  • Costs: Arbitration costs will be governed by the JAMS rules. The arbitrator may allocate fees or costs to the losing party, including in cases of frivolous claims or bad-faith conduct.
  • Mass Arbitration: If ten (10) or more arbitration demands arise based on similar facts or claims, the JAMS Mass Arbitration Procedures shall apply.
  • Opt-Out: You may opt out of this arbitration agreement within thirty (30) days of first agreeing to these Terms or any subsequent amendment to this section by emailing support@eigenplex.com with your name, address, and account information.

12. General Provisions

  • Changes: We may revise or update these Terms from time to time by posting the revised version on our website or Platform. Continued use of the Platform after such changes constitutes your acceptance of the updated Terms.
  • Export Laws: You agree to comply with all applicable export control laws and regulations in connection with your use of the Platform.
  • Customer Reference: We may publicly identify you as a customer and use your name and logo for marketing, promotional, or reference purposes.
  • Force Majeure: We will not be liable or responsible for any delay or failure to perform resulting from events beyond our reasonable control, including natural disasters, acts of government, labor disputes, or internet or utility failures.
  • No Third-Party Rights: These Terms are intended solely for the benefit of you and us and do not create any rights for third parties.
  • Entire Agreement: These Terms, together with any referenced policies or agreements, constitute the complete and exclusive agreement between you and us regarding the subject matter herein and supersede all prior agreements or communications.
  • Assignment: We may assign or transfer our rights and obligations under these Terms without restriction. You may not assign or transfer your rights or obligations without our prior written consent.
  • Governing Law & Venue: These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. The parties agree that exclusive jurisdiction and venue for any disputes shall be in the courts located in New York County, New York.
  • Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.