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Terms of Service

The agreement between you and Enkeon. Written to be read — if a clause is unclear, ask us and we will explain it rather than hide behind it.

Original effective date 21 July 2026Updated 23 October 2026Version v2026-10-23
Privacy PolicyTerms of ServiceData Processing AddendumSub-processors
Contents
The agreementAccountsAcceptable useYour contentYour end-usersPlans and creditsAvailabilityIntellectual propertyConfidentialityWarrantiesLiabilityIndemnityTerminationChangesGoverning law
Contents
  • The agreement
  • Accounts
  • Acceptable use
  • Your content
  • Your end-users
  • Plans and credits
  • Availability
  • Intellectual property
  • Confidentiality
  • Warranties
  • Liability
  • Indemnity
  • Termination
  • Changes
  • Governing law

1. The agreement

These Terms are a contract between you and Enkeon(“Enkeon”, “we”). They apply when you create an account, call our API, or otherwise use the service. If you are agreeing on behalf of an organisation, you confirm you have authority to bind it, and “you” means that organisation.

Our Privacy Policy and, where you process personal data through the service, our Data Processing Addendum form part of this agreement.

2. Accounts

You must be at least 16 and provide accurate details. You are responsible for everything that happens under your account and for keeping your API keys secret. Keys are shown once at creation and stored by us only as hashes, so we cannot recover one for you — if a key leaks, revoke it and issue a new one. Tell us promptly at [email protected] if you suspect unauthorised access.

3. Acceptable use

You agree not to use Enkeon to:

  • Break the law, or infringe anyone's intellectual property or privacy rights.
  • Store personal data you have no lawful basis to hold, or upload content you have no right to upload.
  • Attack, probe, overload or circumvent the service, its rate limits, or its tenant isolation.
  • Circumvent access controls or misuse confidential service information; lawful use of published APIs and open-source components remains subject to their applicable terms.
  • Resell credentials or bypass plan limits or access controls. Building applications for your end-users through authorised APIs and supported embeds is permitted under your plan and this agreement.
  • Generate or distribute malware, spam, or content that sexually exploits children.

We may suspend an account that poses a security risk or is materially breaching this section. Except where an immediate suspension is needed to protect the service or others, we will tell you first and give you a chance to fix it.

4. Your content

You own your content. Nothing in this agreement transfers ownership of anything you upload, store or generate through the service.

You grant us the narrow licence we need to run the service for you: to host, store, process, transmit and display your content, and to send the parts of it that require model inference to our AI sub-processors. That licence is limited to providing the service, processing your deletion or return instructions and maintaining restricted backup or legally required copies under the DPA.

We do not use your content to train or fine-tune any model, we do not share it between customers, Provider processing is subject to the applicable business API terms described in our Privacy Policy.

You are responsible for having the right to upload what you upload, and for the lawfulness of the content itself.

Enable connectors and recordings only with the required permissions and participant notices. Check project access and public-agent settings before sharing content. Generated answers and Enkeon-E procedure proposals require your review; they do not replace your responsibility for decisions or authorise actions outside the permissions you grant.

5. Your end-users

If you build an application on Enkeon that stores memories about your own users, then as between us you are the controller of that data and we are your processor. That means you are responsible for giving your users the notices their law requires, obtaining any consent needed, and answering their data-rights requests. Our Data Processing Addendum sets out what we do to help you meet those duties, and it applies automatically — you do not need to ask us to sign it.

6. Plans, credits and payment

Paid plans are billed in advance for the period you choose. Usage is metered in credits; your plan includes an allowance, and you can buy more or enable automatic top-ups. Reads do not consume credits.

Fees exclude taxes, which we add where we must. Payments are processed by Stripe and are subject to its terms. Fees are non-refundable except where the law requires otherwise or we have said so in writing. If a payment fails we may suspend the service after giving you notice and a reasonable chance to fix it.

We may change pricing with at least 30 days' notice. A change takes effect at your next renewal, never mid-period, and you can cancel before it applies.

Custom Business pricing, limits and support are set out in a written order. That order takes precedence for its commercial terms; the DPA governs data-protection matters. Self-serve subscriptions renew for the selected billing period unless cancelled in Console Billing before renewal. Cancellation does not itself delete account or project data. Credit allowances and top-up rules are shown in Billing; payment does not create an unlimited-use entitlement.

7. Availability and support

We work to keep Enkeon available and fast, but we do not offer a contractual uptime guarantee on self-serve plans. We will not pretend otherwise — if you need one, talk to us about a custom Business agreement.

We may change or discontinue features. If we remove something you depend on, or make a breaking API change, we will give reasonable advance notice.

8. Intellectual property

We own the service, its software, and its documentation, apart from the open-source components we distribute under their own licences. You get a non-exclusive, non-transferable right to use it under this agreement. Our name and marks are ours.

If you send us feedback, we may use it freely to improve the product, with no obligation to you. This does not give us any right to your content.

9. Confidentiality

Each of us may learn confidential information from the other. Both of us agree to protect it with at least reasonable care, use it only to perform this agreement, and not disclose it — except to people who need it and are under similar obligations, or where the law compels disclosure. Your content is your confidential information.

10. Warranties and disclaimers

We warrant that we will provide the service with reasonable skill and care, and in accordance with our published documentation.

Beyond that, the service is provided “as is”. To the extent the law allows, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement.

One disclaimer we want to be specific about rather than bury: Enkeon retrieves and synthesises information using language models, and language models can produce output that is wrong. Retrieved memories carry provenance so you can check them against their source. Do not rely on generated output for decisions with legal, financial, medical or safety consequences without human review.

11. Limitation of liability

Neither of us is liable for indirect, incidental, special or consequential losses, or for lost profits, revenue, goodwill or anticipated savings, even if warned they were possible.

Each party's total aggregate liability under this agreement is limited to the greater of the fees you paid us in the twelve months before the claim, or one hundred US dollars.

Nothing here excludes liability that cannot lawfully be excluded — including death or personal injury caused by negligence, and fraud.

12. Indemnity

You will defend and indemnify us against third-party claims arising from your content, your use of the service in breach of these Terms, or your breach of the law — provided we tell you promptly, let you control the defence, and cooperate reasonably.

13. Termination

You may stop using the service and close your account at any time. We may terminate for material breach that is not cured within 30 days of notice, or immediately where the breach cannot be cured or the law requires it.

On termination your right to use the service ends. Arrange export before termination; post-termination access is available only if agreed in writing. Return and deletion follow the Data Processing Addendum and our retention policy. Clauses that are meant to survive — content ownership, confidentiality, disclaimers, liability, indemnity and governing law — do.

14. Changes to these Terms

We may update these Terms. Material changes get at least 30 days' notice by email or in-product, and continuing to use the service afterwards means you accept them. If you do not, you may cancel before they take effect. Every version is numbered and retained; this one was last updated on 23 October 2026.

15. Governing law and disputes

This agreement is governed by the laws of India, and the courts of India have exclusive jurisdiction — except that either of us may seek injunctive relief wherever necessary to protect intellectual property or confidential information. If you are a consumer, this does not deprive you of the protection of mandatory law where you live.

Before filing anything, please contact us at [email protected]. Most disputes are a misunderstanding that a conversation resolves faster than a court will.

We keep every previous version of this document. If you need the text that was in force on a particular date, write to [email protected] and we will send it.

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