Terms & Conditions

1. Operator & Contact

The Service is operated by Reza Rafati and Adrianus Warmenhoven, doing business as Feluda.ai, established in the Netherlands (the "Operator", "we", "us", or "our"). Contact: feluda.ai/contact.

2. Eligibility

You must be at least 16 years of age to use the Service. By creating an account you represent that you meet this requirement. If you are acting on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.

3. Accounts & Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorised use. We are not liable for any loss arising from your failure to safeguard your credentials.

4. Acceptable Use

You may use the Service for lawful purposes only. You agree not to:

• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service or any Gene;
• Circumvent, disable, or interfere with security features, tool permissions, rate limits, or access controls;
• Redistribute, resell, sublicense, or make available to third parties any Gene, flow, prompt, template, or other proprietary content obtained through the Service without our prior written consent;
• Use the Service to generate content that is unlawful, defamatory, harassing, fraudulent, or that infringes any third-party rights;
• Scrape, crawl, or systematically extract data from the Service by automated means;
• Use the Service to build a competing product or service;
• Provide false or misleading information when creating an account or purchasing credits.

We reserve the right to suspend or terminate your access if we reasonably determine that you have violated these restrictions.

5. AI-Generated Output — Disclaimer

The Service facilitates the creation of content through artificial intelligence models provided by you or by third-party providers. These may include cloud-based and locally hosted AI models. AI-generated output may be inaccurate, incomplete, or inappropriate.

You are solely responsible for reviewing, verifying, and approving any content generated through the Service before acting on it, publishing it, or distributing it. We do not warrant the accuracy, reliability, fitness, or legality of any AI-generated output. Under no circumstances shall we be liable for decisions made, content published, or actions taken on the basis of AI-generated output.

6. Third-Party AI Providers

Feluda connects to third-party AI providers at your direction using API keys and credentials that you supply. We do not control, operate, or warrant the availability, accuracy, or performance of any third-party provider. Your use of such providers is subject to their own terms of service and privacy policies. We are not liable for any loss, cost, or damage arising from the unavailability, errors, or conduct of any third-party provider.

7. Subscriptions & Payments

Paid plans (Explorer, Creator, Visionary) are billed on a recurring basis as indicated at checkout. You authorise us to charge your payment method for each renewal period until you cancel.

• Cancellation: You may cancel your subscription at any time from your account or by contacting us. Cancellation takes effect at the end of the current billing period; no partial refunds are issued for unused time.
• Price changes: We may adjust pricing with at least 30 days' notice. Continued use after the effective date constitutes acceptance of the new pricing.
• Payment disputes: If you believe a charge is incorrect, contact us within 30 days. Chargebacks initiated without prior contact may result in account suspension.

8. Credits — No Monetary Value & Non-Refundability

This section ("Credits Addendum") forms an integral part of these Terms. By purchasing or using credits on Feluda.ai, you acknowledge and agree to the following:

8.1 Nature of Credits

Credits purchased or otherwise obtained on Feluda.ai are non-monetary, virtual units provided solely for the purpose of activating Genes and accessing specific platform functionalities as defined by Feluda.ai. Credits do not constitute currency, stored value, prepaid balance, property, or any form of financial instrument.

8.2 No Monetary Value

• Have no cash value,
• Do not represent money or monetary equivalents,
• Cannot be redeemed, exchanged, transferred, or converted into money, cryptocurrency, or any monetary item,
• Cannot be sold, assigned, or transferred outside the Feluda.ai platform.

8.3 Use Limitation

Credits may be used exclusively for Gene activation and related internal platform features as determined by Feluda.ai. We reserve the right to modify, limit, or discontinue any feature associated with credits at our sole discretion.

8.4 Non-Refundability

All credit purchases are final and non-refundable. Credits will not be refunded, exchanged, or reimbursed for cash, monetary items, digital assets with monetary value, or partial or unused balances. This applies regardless of usage status, account termination, suspension, expiration, or feature modification.

Discontinuation exception: If we permanently discontinue the entire credit system, we will provide at least 90 days' notice during which you may use your remaining credits. If usage is no longer technically possible during the wind-down period, we will offer a pro-rata refund or equivalent Gene access for credits purchased within the preceding 12 months. This paragraph does not apply to changes in individual features, pricing, or availability — only to the permanent and complete discontinuation of the credit system.

8.5 No Ownership Rights

The purchase or allocation of credits does not grant the User ownership rights over the credits or any underlying system, Gene, or platform functionality. Credits remain a revocable, limited licence to access designated features.

8.6 Account Termination

Upon account termination, whether voluntary or involuntary, any remaining credits are forfeited without compensation.

8.7 Changes to Credit System

We reserve the right to adjust credit pricing, usage requirements, or availability; introduce expiration dates; or modify the credit system. Any material change that reduces the value or usability of credits will be communicated with at least 30 days' notice and will apply only to credits purchased after the effective date of the change. Credits purchased before the effective date will retain their original use conditions for a reasonable transition period of no less than 90 days. For permanent discontinuation of the entire credit system, section 8.4 applies.

8.8 Acceptance

By purchasing or using credits on Feluda.ai, you expressly acknowledge that credits have no monetary value, are non-refundable, and exist solely for Gene activation purposes.

9. Gene Store & Marketplace

Genes are digital packages of tools, prompts, resources, and flows made available through the Feluda Store. By purchasing a Gene you receive a non-exclusive, non-transferable, revocable licence to use it within the Feluda desktop application.

• Genes are provided "as is". While we strive for quality, we do not warrant uninterrupted operation or fitness for a particular purpose of any Gene.
• You may not extract, decompile, redistribute, or resell any Gene or its components.
• We may remove, update, or discontinue any Gene from the Store at our discretion. Where a Gene is removed, previously activated copies continue to function but are no longer eligible for updates.

EU/EEA consumer rights: Nothing in this section limits your statutory conformity rights under Directive (EU) 2019/770 (on contracts for the supply of digital content and digital services), as transposed into applicable national law. If a Gene does not conform to the contract or does not meet objective conformity requirements, you may be entitled to have it brought into conformity, receive a proportionate price reduction, or terminate the contract in accordance with applicable consumer law.

10. Intellectual Property

All intellectual property in and to the Service — including but not limited to the Feluda desktop application, website, Genes, flows, templates, documentation, branding, design, and source code — is and remains the exclusive property of the Operator or its licensors. These Terms do not grant you any ownership interest in the Service.

Content you create using the Service (your prompts, your flows, your AI-generated output) remains yours, subject to any rights required by third-party AI providers under their own terms.

11. Data & Privacy

Feluda is a desktop application. Your API keys, secrets, and credentials are stored locally on your device and are never transmitted to our servers. When you use a third-party AI provider, data is sent directly from your device to that provider — Feluda.ai does not act as an intermediary.

We collect limited data to operate the Service (account information, subscription status, credit balance, usage statistics). See our Privacy Policy for full details on data collection, processing, and your rights under applicable EU/EEA regulations including the GDPR.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components. We do not warrant the accuracy, completeness, or usefulness of any AI-generated content. You use the Service at your own risk.

EU/EEA consumers: This disclaimer does not affect your mandatory statutory rights under applicable EU legislation, including Directive (EU) 2019/770 on digital content and digital services and Directive (EU) 2019/771 on the sale of goods, as transposed into national law. Where mandatory conformity rights apply, the remedies provided by law take precedence over this disclaimer.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• The Operator, its founders, officers, employees, and agents ("Feluda Parties") shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, business opportunity, or revenue, arising out of or in connection with your use of the Service, regardless of the cause of action or theory of liability (contract, tort, strict liability, or otherwise), even if advised of the possibility of such damages.
• The total aggregate liability of all Feluda Parties for any and all claims arising out of or relating to these Terms or the Service shall not exceed the total amount you actually paid to us in the twelve (12) months immediately preceding the event giving rise to the claim. If you are using the Service on a free plan, the aggregate liability shall not exceed twenty-five euros (€ 25).
• Nothing in these Terms excludes or limits liability for (i) death or personal injury caused by gross negligence or wilful misconduct (opzet of grove schuld), (ii) fraud, or (iii) any other liability that cannot be limited or excluded under applicable Dutch law.

14. Indemnification

You agree to indemnify, defend, and hold harmless the Feluda Parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Service or any AI-generated output;
• Content you create, publish, or distribute using the Service;
• Your violation of these Terms;
• Your violation of any applicable law, regulation, or third-party right;
• Any dispute between you and a third-party AI provider.

This indemnification obligation survives the termination of your account and these Terms.

15. Suspension & Termination

Suspension: We may temporarily suspend your access to the Service where we reasonably believe suspension is necessary to investigate a potential breach, protect the security of the Service, or comply with a legal obligation. We will endeavour to notify you promptly and restore access once the grounds for suspension are resolved.

Termination by us — for cause: We may terminate your account with immediate effect if:

• You materially breach these Terms and fail to remedy the breach within 14 days of written notice (where the breach is capable of remedy);
• You engage in fraudulent, illegal, or seriously abusive conduct;
• You fail to pay subscription fees and do not remedy the default within 14 days of a payment reminder.

Termination by us — without cause: We may terminate your account for reasons other than those listed above by providing at least 30 days' written notice. In such case, if you hold a paid subscription, we will issue a pro-rata refund for the unused portion of your current billing period.

Termination by you: You may terminate your account at any time by contacting us or using the account settings. Cancellation of a paid subscription takes effect at the end of the current billing period.

Effects of termination: Upon termination: (a) your licence to use the Service immediately ends; (b) any outstanding credits are forfeited without refund, except where termination is initiated by us without cause, in which case section 8.4 (discontinuation exception) applies by analogy; (c) sections that by their nature should survive (including sections 5, 10, 12, 13, 14, 17, and 18) shall continue in full force.

16. Enterprise Agreements

Enterprise customers may enter into a separate written agreement with us that includes custom terms, SLAs, data processing agreements, and specific liability provisions. Where a signed Enterprise Agreement exists, it prevails over these Terms to the extent of any conflict. These Terms continue to apply to all matters not expressly covered by the Enterprise Agreement.

17. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict-of-law principles.

Any dispute arising out of or in connection with these Terms or the Service that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the competent courts in the Netherlands.

If you are a consumer within the EU/EEA, this clause does not affect any mandatory consumer-protection rights available to you under the laws of your country of residence.

18. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and any applicable Enterprise Agreement, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements, understandings, and representations.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: We may assign or transfer our rights and obligations under these Terms without restriction. You may not assign your rights or obligations without our prior written consent.
• Force Majeure: We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, power failures, internet outages, government actions, or third-party service failures.
• Amendments: We may update these Terms from time to time. We will provide notice of material changes by posting the updated Terms on this page and updating the "Last updated" date below. Your continued use of the Service after the effective date of any changes constitutes acceptance of the updated Terms.
• Language: These Terms are drafted in English. In the event of a conflict between the English version and any translation, the English version shall prevail.