Terms of Service

1. Acceptance of Terms & Privacy

By accessing or using Encephlo ("Service"), you agree to be bound by these Terms. If you do not agree, you must discontinue use immediately.

Scope note for classroom and institutional use. Some clauses below cover features that exist only in our consumer product, specifically the Chrome Extension and paid subscriptions. Neither is deployed for institutional pilots: courses joined with an instructor's invite code do not use the extension, and classroom students and their instructors are never charged. Those clauses are retained because the Service shares one set of Terms, and they simply do not apply to you if you arrived through a course.

Our Privacy Policy explains how we collect and use your personal information.

YouTube API Services: By using Encephlo, you also agree to be bound by the YouTube Terms of Service. Encephlo uses the YouTube API to search for educational video content.

2. Eligibility and Account Security

• Minimum Age: You must be at least 13 years old to use this Service.
• Account Creation: You must provide accurate and complete information to register for an account to use our Services.
• Account Security: You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account.

4. Acceptable Use & Academic Integrity

You agree to use Encephlo mainly for legitimate learning and educational purposes. You are solely responsible for ensuring that your use of Encephlo complies with your school, university, or workplace policies regarding AI tools. You explicitly agree NOT to:

• Use Encephlo to facilitate cheating, plagiarism, or academic dishonesty. This includes using the Chrome Extension to capture questions during a proctored exam or test where external aids are prohibited.
• Attempt to reverse engineer, decompile, or discover the source code or underlying components of our Services.
• Automatically or programmatically extract data or Output.
• Represent that Output was human-generated when it was not.
• Use Output to develop models that compete with Encephlo.

5. Content Ownership & Use

• Your Content: You may provide input to the Services ("Input"), and receive output from the Services based on the Input ("Output"). Input and Output are collectively "Content".
• Ownership: As between you and Encephlo, and to the extent permitted by applicable law, you retain your ownership rights in Input and own the Output.
• Similarity of Output: Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services.
• Our Use of Content: We may use Content to provide, maintain, develop, and improve our Services. We do not use your Content to train our artificial intelligence models.

6. Subscriptions & Billing

• Free Trial: If you sign up for a 14-day free trial, you will be automatically charged the monthly subscription fee at the end of the trial period unless you cancel before the trial expires.
• Billing Cycle: The "Pro" membership is billed on a recurring monthly or annual basis.
• Cancellation: You may cancel your subscription at any time via the user Dashboard. Cancellation stops future billing, but your service will remain active until the end of the current billing period.
• Refunds: Payments are non-refundable. We do not provide pro-rated refunds for partial usage periods.

7. Termination and Suspension

We reserve the right to suspend or terminate your access to our Services or delete your account if we determine you breached these Terms, we must do so to comply with the law, or your use of our Services could cause risk or harm to Encephlo or others.

8. Educational Use & FERPA

Encephlo is a direct-to-consumer study aid designed for personal use by students. Encephlo is not an educational agency or institution, and we do not act as a "School Official" as defined by the Family Educational Rights and Privacy Act (FERPA). Encephlo accounts are personal to the user and do not constitute official "Education Records".

9. Copyright Complaints (DMCA)

If you believe that your copyrighted work has been copied or posted in connection with an Encephlo Product in a way that constitutes copyright infringement, please provide a written notice to our designated agent via email at suraj@encephlo.com.

10. Warranties

• Our Warranties: We warrant that, when used in accordance with these Terms, the Encephlo Products will conform in all material respects with the documentation we provide to you or otherwise make publicly available.
• Your Warranties: You warrant that (a) you have the authority to enter into and accept these Terms, and (b) you will use Encephlo in accordance with the applicable laws and regulations and these Terms.

DISCLAIMER: OUR SERVICES ARE PROVIDED "AS IS". EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENCEPHLO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ENCEPHLO FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE WILL BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR (B) ONE HUNDRED US DOLLARS ($100).

12. Indemnification

You agree to defend, indemnify, and hold harmless Encephlo, its affiliates, and its respective officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses arising from your use of the Service or your violation of any term of these Terms.

13. Dispute Resolution, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

• Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms shall be determined by binding individual arbitration in California, rather than in court.
• Agreement to Arbitrate: YOU AND ENCEPHLO AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, ENCEPHLO PRODUCTS, OR THE RELATIONSHIP THAT RESULTS FROM YOUR USE THEREOF, WILL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. This agreement to arbitrate is intended to be broadly interpreted and includes, but is not limited to, claims arising out of or relating to:
  • The interpretation, application, or enforceability of these Terms, including this arbitration agreement;
  • Any pre-dispute claims that arose before these Terms or any prior version of these Terms;
  • Any statutory claims;
  • Any claims based on past, present, or future advertising or marketing;
  • Any claims based on unwritten industry customs or practices; and
  • Any claims based on any other legal theory.
• Arbitration Rules and Location: The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator's decision will be final and binding. The arbitration will be conducted in San Diego County, California, United States.
• Opt-Out: You may opt out of this arbitration agreement by emailing us at suraj@encephlo.com within thirty (30) days of the date that you first accepted these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement.
• Class Action Waiver: YOU AND ENCEPHLO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14. Governing Law and Venue

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of California. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in California.

15. General Terms

• Trade Controls: You must comply with all applicable trade laws, including sanctions and export control laws.
• Updates to Terms: We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you either via email or an in-product notification. All other changes will be effective as soon as we post them to our website.
• Statistics: We create datasets or statistics based on usage and operational data related to your use of the Encephlo Service (such as product usage events, performance metrics, billing metrics, and Feedback) (collectively, "Usage Data"). We may use the Usage Data for our business purposes, including to conduct research, improve the Service, create new Encephlo Products, or enhance product performance, functionality, and user experience. Usage Data is the sole property of Encephlo and does not constitute Your Data.
• Assignment: You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Encephlo Products, provided that such assignment does not materially affect your rights under these Terms.
• Force Majeure: Neither party will be liable to the other for any delay or failure to perform any obligation under these Terms (except for a failure to pay fees) if such delay or failure is due to unforeseen events beyond the reasonable control of such party.
• Independent Contractors: There is no relationship of partnership, joint venture, employment, franchise, or agency created between the parties under these Terms.
• No Third-Party Rights: There are no third-party beneficiaries to these Terms.
• Waivers: No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or of any other term.
• Entire Agreement; Severability: Unless otherwise agreed in writing between you and Encephlo, these Terms, including our Privacy Policy, constitute the entire agreement between you and us concerning your use of Encephlo Products. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.