Terms & Conditions — Feluda.ai

These Terms of Service (“Terms”) govern your access to and use of the Feluda.ai website, desktop application, Genes, flows, and all related services collectively referred to as the “Service.”

By accessing or using the Service, you agree to be bound by these Terms. Do not use the Service if you do not agree to them.

1. Operator and Contact

The Service is operated by Reza Rafati and Adrianus Warmenhoven, doing business as Feluda.ai and established in the Netherlands (“Feluda.ai,” the “Operator,” “we,” “us,” or “our”).

Questions concerning these Terms may be submitted through the contact page on Feluda.ai.

2. Eligibility

You must be at least 16 years old to use the Service.

By creating an account, you represent that you meet this requirement. When using the Service on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.

3. Accounts and Security

You are responsible for:

Maintaining the confidentiality of your account credentials.
All activities conducted through your account.
Providing accurate and current account information.
Notifying us immediately of any suspected or unauthorised account access.

We are not responsible for losses arising from your failure to safeguard your credentials.

4. Acceptable Use

You may use the Service only for lawful purposes.

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 create or distribute unlawful, defamatory, harassing, fraudulent, or rights-infringing content.
Scrape, crawl, or systematically extract data from the Service through automated means without our permission.
Use the Service to build or assist in building a competing product or service.
Provide false or misleading information when creating an account or purchasing a product or service.
Introduce malicious code or otherwise interfere with the operation, availability, or integrity of the Service.
Use the Service in a way that violates applicable laws, regulations, or third-party rights.

We may suspend or terminate access when we reasonably determine that these restrictions have been violated.

5. AI-Generated Output

The Service facilitates the creation of content through artificial intelligence models provided by you or by third-party providers. These models may be cloud-based or locally hosted.

AI-generated output may be inaccurate, incomplete, misleading, outdated, biased, or inappropriate.

You are responsible for reviewing, verifying, and approving all output before:

Acting on it.
Publishing or distributing it.
Relying on it for professional, legal, medical, financial, safety-related, or other consequential decisions.

We do not warrant the accuracy, reliability, fitness, legality, or completeness of AI-generated output. To the maximum extent permitted by law, we are not liable for decisions, publications, or actions based on such output.

6. Third-Party AI Providers

Feluda may connect to third-party AI providers at your direction using API keys, account details, or credentials that you supply.

We do not control or operate those providers and do not warrant their:

Availability.
Security.
Accuracy.
Performance.
Continued compatibility with the Service.

Your use of a third-party provider is governed by that provider's own terms and privacy policy.

We are not responsible for losses, expenses, errors, service interruptions, data processing, or other conduct attributable to a third-party provider.

7. Subscriptions and Payments

Certain features of the Service may require a paid subscription or other payment.

Recurring subscriptions

Paid plans are billed on a recurring basis at the price and billing interval shown during checkout.

By starting a recurring subscription, you authorise us and our payment provider to charge your selected payment method for each renewal period until the subscription is cancelled.

Cancellation

You may cancel a subscription through your account or by contacting us.

Unless otherwise required by applicable law:

Cancellation takes effect at the end of the current billing period.
You retain access to the paid Service until that period ends.
No partial refund is provided for unused time.

Pricing changes

We may change subscription prices by providing at least 30 days' notice.

Your continued use of a paid subscription after the new price takes effect constitutes acceptance of that price. You may cancel before the new price becomes effective.

Payment disputes

Initiating an improper or fraudulent chargeback may result in suspension or restriction of your account while the dispute is investigated.

Taxes

Prices may exclude taxes unless otherwise stated. You are responsible for taxes, duties, or similar charges applicable to your purchase, except for taxes imposed on our income.

8. Genes and the Feluda Store

Genes are digital packages that may include tools, prompts, resources, configurations, and flows made available through the Feluda Store.

When you lawfully obtain a Gene, you receive a limited, non-exclusive, non-transferable, and revocable licence to use it through the Feluda desktop application for its intended purpose.

Unless we provide written permission, you may not:

Extract or copy a Gene or its components.
Reverse-engineer, decompile, or disassemble a Gene.
Redistribute, sublicense, publish, or resell a Gene.
Make a Gene available to another person or organisation outside the functionality provided by the Service.
Remove proprietary notices or access restrictions.

Genes are provided on an “as is” and “as available” basis. Although we aim to maintain quality, we do not guarantee uninterrupted operation or fitness for a particular purpose.

We may update, replace, remove, or discontinue a Gene. Where technically possible, a previously installed Gene may continue to function after removal from the Store, but it may no longer receive support or updates.

EU and EEA consumer rights

Nothing in this section limits mandatory consumer rights under applicable law, including rights arising under Directive (EU) 2019/770 as implemented in national law.

Where digital content or a digital service does not conform to the applicable contract, eligible consumers may be entitled to remedies such as:

Having the product or service brought into conformity.
Receiving a proportionate price reduction.
Terminating the contract.

These rights apply subject to the conditions and limitations established by applicable law.

9. Intellectual Property

All intellectual-property rights in the Service remain the property of the Operator or its licensors.

This includes, without limitation:

The Feluda desktop application.
The Feluda.ai website.
Genes and flows.
Templates and documentation.
Branding and visual design.
Software and source code.
Proprietary prompts, configurations, and resources.

These Terms do not transfer ownership of the Service or any Feluda.ai intellectual property to you.

Your content

As between you and Feluda.ai, you retain your rights in original content you create or provide through the Service, including your prompts, flows, and AI-generated output, subject to:

The rights and licences required to operate the Service.
The terms of applicable third-party providers.
Rights belonging to other people or organisations.
Applicable law.

You represent that you have the rights and permissions necessary to submit and use content through the Service.

10. Data and Privacy

Feluda is a desktop application. API keys, secrets, and credentials used to connect to supported providers are intended to be stored locally on your device and not transmitted to Feluda.ai's servers.

When you use a third-party AI provider, relevant data may be transmitted directly from your device to that provider. The provider may process that information under its own terms and privacy policy.

We may collect limited information needed to operate and improve the Service, including:

Account information.
Subscription status.
Transaction records.
Technical and usage information.
Security and diagnostic information.

Our collection and processing of personal information are further described in the Feluda.ai Privacy Policy.

You are responsible for ensuring that any personal or confidential information you process through the Service may lawfully be submitted to the relevant AI provider or other third party.

11. Disclaimer of Warranties

To the maximum extent permitted by law, the Service is provided “as is” and “as available.”

We disclaim all express, implied, and statutory warranties, including warranties of:

Merchantability.
Fitness for a particular purpose.
Non-infringement.
Availability.
Accuracy.
Security.
Compatibility.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components.

We also do not warrant the accuracy, completeness, legality, or usefulness of AI-generated content. You use the Service at your own risk.

EU and EEA consumers

This disclaimer does not affect mandatory statutory rights under applicable law, including rights under Directives (EU) 2019/770 and 2019/771 as implemented in national law.

Where mandatory conformity rights apply, the remedies provided by applicable law take precedence over this disclaimer.

12. Limitation of Liability

To the maximum extent permitted by applicable law:

The Operator and its founders, officers, employees, contractors, and agents collectively referred to as the “Feluda Parties” are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages.
Excluded damages include loss of profits, revenue, data, goodwill, business opportunities, or anticipated savings.
These limitations apply regardless of whether a claim is based on contract, tort, strict liability, statute, or another legal theory, even when a Feluda Party was advised that such damages were possible.

The total aggregate liability of all Feluda Parties for claims arising from or relating to the Service or these Terms will not exceed the amount you paid directly to us during the 12 months preceding the event giving rise to the claim.

Where you use the Service without payment, aggregate liability will not exceed €25.

Nothing in these Terms excludes or limits liability for:

Death or personal injury resulting from gross negligence or wilful misconduct.
Fraud or fraudulent misrepresentation.
Intentional misconduct.
Any liability that cannot lawfully be excluded or limited under Dutch or other applicable mandatory law.

13. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Feluda Parties from claims, losses, damages, liabilities, expenses, and reasonable legal fees arising from or relating to:

Your use of the Service or AI-generated output.
Content you create, publish, process, or distribute using the Service.
Your breach of these Terms.
Your violation of applicable law.
Your violation of a third party's rights.
A dispute between you and a third-party AI provider.
Your unlawful or unauthorised processing of personal, confidential, or proprietary information.

This obligation survives termination of your account and these Terms.

This section does not apply where prohibited by mandatory consumer law.

14. Suspension and Termination

Suspension

We may temporarily suspend access where we reasonably believe suspension is necessary to:

Investigate a possible violation.
Protect the security or integrity of the Service.
Prevent harm to Feluda.ai, its users, or a third party.
Comply with a legal obligation or valid governmental request.
Address overdue subscription fees.

Where appropriate, we will attempt to notify you and restore access after the reason for suspension has been resolved.

Termination by us for cause

We may terminate your account immediately or after notice when:

You materially breach these Terms and do not remedy the breach within 14 days of receiving written notice, where the breach can be remedied.
You engage in fraudulent, illegal, abusive, or dangerous conduct.
You seriously compromise the security or integrity of the Service.
You fail to pay subscription fees and do not remedy the failure within 14 days after receiving a payment reminder.

Termination by us without cause

We may terminate your account for another reason by providing at least 30 days' written notice.

Where you have an active paid subscription, we will provide a proportionate refund for the unused part of the current billing period unless a different remedy is required by law.

Termination by you

You may terminate your account at any time through the available account settings or by contacting us.

Cancellation of an active subscription ordinarily takes effect at the end of the current billing period.

Effects of termination

Upon termination:

Your licence to use the Service ends.
Your access to account-based features may be disabled.
We may delete or anonymise account information in accordance with our Privacy Policy and legal-retention obligations.
Provisions that should reasonably survive termination remain in effect, including provisions concerning AI-generated output, intellectual property, warranties, liability, indemnification, governing law, and general legal terms.

15. Enterprise Agreements

Enterprise customers may enter into a separate written agreement with us covering matters such as:

Custom commercial terms.
Service levels.
Support arrangements.
Data-processing obligations.
Security requirements.
Liability provisions.

Where a signed Enterprise Agreement conflicts with these Terms, the Enterprise Agreement prevails to the extent of that conflict.

These Terms continue to apply to matters not addressed by the Enterprise Agreement.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of the Netherlands, without regard to conflict-of-law rules.

Disputes arising from or relating to these Terms or the Service that cannot be resolved amicably will be submitted to the competent courts in the Netherlands.

For consumers residing in the EU or EEA, this provision does not remove mandatory consumer protections or jurisdictional rights available under the law of the consumer's country of residence.

17. General Provisions

Entire agreement

These Terms, together with the Feluda.ai Privacy Policy and any applicable written Enterprise Agreement, constitute the entire agreement between you and us concerning the Service.

They replace prior agreements, understandings, and representations concerning the same subject matter.

Severability

If any provision is held to be invalid, unlawful, or unenforceable, that provision will be limited or removed only to the extent necessary. The remaining provisions will continue in effect.

Waiver

A failure or delay in enforcing a right or provision does not waive that right or provision.

Assignment

We may assign or transfer our rights and obligations under these Terms as part of a merger, restructuring, financing, acquisition, sale of assets, or similar transaction.

You may not assign or transfer your rights or obligations without our prior written consent, except where applicable law provides otherwise.

Force majeure

We are not responsible for a failure or delay caused by circumstances beyond our reasonable control, including:

Natural disasters.
War or terrorism.
Civil unrest.
Epidemics or pandemics.
Government actions.
Labour disruptions.
Power or internet outages.
Cyberattacks.
Failures of third-party infrastructure or service providers.

Amendments

We may update these Terms from time to time.

For material changes, we will provide reasonable notice by posting the updated Terms, displaying a notice through the Service, sending an account communication, or using another appropriate method.

The updated Terms will state their effective date. Continued use after that date constitutes acceptance, except where applicable law requires express consent.

Language

These Terms are drafted in English.

Where a translated version is provided, the English version prevails in the event of a conflict, except where applicable law requires otherwise.

18. Contact

Questions concerning these Terms may be submitted through the contact page on Feluda.ai.