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Terms & Conditions

  1. PREAMBLE

    1. These Beta Stage Terms of Use (“Terms”) govern your use of the Elysai platform, i.e. conversational AI technology provided as a service (SaaS) and including tools for design, configuration and deployment of digital beings in various scenarios (assistance, education, onboarding, etc.) and mobile application enabling direct interaction of users with such digital being (“Platform”). The Platform consists of components providing users particularly but not exclusively, with natural language recognition, generation, entity recognition, data storage, an administrative GUI (graphical user interface) enabling the user to manage an account, create and share content (usually represented by a conversational application). The specification of the Platform including the mobile application is provided at https://elysai.com/.
    2. The Platform is provided by PromethistAI a.s., company incorporated and existing under the Czech law, with its registered office at Salvátorská 931/8, Staré Město, 110 00 Prague 1, Identification Number 08671281, entered into Commercial Register maintained by the Prague City Court, Section B., Insert No. 24826 (“Provider”).
    3. By [clicking "I Agree" or "Accept"/ticking “Accept” checkbox] when creating your user account withing the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, including all Attachments hereof and the contract on your access to and use of the Platform is established between you and the Provider which incorporates these Terms. These Terms may be modified by the Provider. Each such modification shall be notified by the Provider to you at least 15 days prior to such change entering into effect. You may notify your disagreement with the change to the Provider before the change enters into effect otherwise the change shall be deemed to have been accepted by you. Should you timely notify the disagreement with the change to the Provider, your contract is deemed to have been terminated as of the day when the change enters into effect.
    4. If you do not agree to these Terms, do not create an account or use the Platform.

  2. USE OF THE PLATFORM

    1. You must register and create your account within the Platform to use the Platform. You shall protect the access details to the Platform and not to disclose them to any third party. The Provider accepts no responsibility for misuse of such access details.
    2. You shall use the Platform in strict compliance with its specifications and operation instructions and refrain from any conduct that could compromise the security, functionality or availability of the Platform.
    3. The Platform is an experimental technology in ongoing development, currently in the stage of beta testing and is provided strictly on “AS IS” basis. By using the Platform, you acknowledge and agree that the Platform is provided for testing purposes only and may contain bugs, errors, or incomplete features. There is no guarantee as to functionality or availability of the Platform. You use the Platform entirely at your own risk. To the maximum extent permitted by law, the Provider disclaims all warranties expressed or implied for functionality or availability of the Platform and its fitness for any particular purpose and the Provider shall not be liable for any damages, losses, or issues arising from your use of this Platform. The Provider also particularly disclaims liability for any data you upload into the Platform. You are fully responsible for such data and by uploading such data to the Platform, you confirm that your use of such data on the Platform will not infringe any third-party rights or any applicable laws. Due to experimental nature of the Platform, it is strongly recommended that you do not enter any sensitive, proprietary or confidential data to the Platform.
    4. You acknowledge and understand that the Platform utilizes artificial intelligence (AI) technology. When using the Platform, you will interact with AI digital personas who may act differently than could have been expected in human-to-human interaction. If you create any sounds, videos or images within the Platform, they will be marked in a machine-readable format and detectable as artificially generated or manipulated to the extent required by applicable laws.

  3. IP AND LICENSE

    1. You hereby acknowledge and agree that all components of the Platform are the intellectual property of the Provider, unless expressly stated that they are the intellectual property of third parties. You shall refrain from any conduct that would infringe Provider’s or respective third parties’ rights to such intellectual property.
    2. You are granted a non-exclusive license to use the Platform solely for the purpose for which it is provided, i.e.: to develop agents and interact with them on the Platform, for your internal private or business purposes, however not for re-sale, rental, lending or communication to the public or any further development.
    3. You remain the owner of any data you upload to the Platform or provide to the Provider in relation to use of the Platform. The Provider shall be entitled to anonymize such data so that they lose the nature of personal data and are in no way attributable to you. Such anonymized data shall be owned by the Provider who is entitled to use such data without any limitation, including connection of such data with any other data or providing such data to any third party. Should such data be protected by any intellectual property right, you hereby grant to the Provider an exclusive, free of charge license to use such data which is unlimited as to territory, time, volume, purpose and method of use, with the right to assign the license and grant sub-licenses. The license also includes the right of the Provider to amend or modify the data in any way, adapt them (including translation), connect them with other data or include them in a collection of works or audiovisual work. The license shall not terminate upon termination of the contract.

  4. FEES AND PAYMENT

    1. You agree to pay to Provider the fees for using the Platform according to the subscription plan you selected at the time of registration to the Platform or anytime thereafter in your account settings. Each subscription plan includes defined amount of conversation minutes.
    2. Unless specified otherwise in the Contract, the invoicing period shall be 1 month, and the subscription shall be charged to you via the payment method selected in your account setting at the first day of each month. In case of your payment default the Provider reserves the right to suspend your account and access to the Platform.

  5. LIMITATION OF LIABILITY

    Without prejudice to the provisions of Article 2.3, the Provider’s liability for damage or any other harm caused to you resulting from the breach of these Terms or any statutory provisions in connection with these Terms by the Provider shall not exceed the amount of total fees paid by you to the Provider in the respective calendar month in which the breach occurred. In any case the Provider shall not be liable for any indirect, special, consequential or punitive damages and lost profits. The above limitation of liability shall not apply in cases where the limitation of liability is excluded by provision of applicable law which cannot be departed from by the agreement of the parties.

  6. TERM AND TERMINATION

    The Contract shall become valid and effective in accordance upon completion of your registration to the Platform and selection of your subscription plan. In addition to the cases where the Contract can be terminated in accordance with Article 1.3 or under the rules of applicable law, it can also be terminated by the you for any reason or without stating a reason by selecting a cancel account option within the Platform. Such termination shall become effective as of the last day of the calendar month in which such cancellation was made. The Provider shall have the right to terminate the contract for any reason or without stating a reason by written termination notice sent to you by e-mail to the e-mail address associated with your Platform account with 3-month termination period, or effective immediately in case of your material breach of these Terms or any applicable law in connection with these Terms. You hereby acknowledge that after termination of the contract the Provider will delete your account within the Platform, including all data stored there.

  7. FINAL PROVISIONS

    1. These Terms as well as all contracts incorporating these Terms shall be governed by the laws of Czechia.
    2. Any dispute arising from or in connection with these Terms or any contract incorporating these Terms shall be decided by the courts of the Czech Republic. Local jurisdiction of such courts shall be determined based on the registered office of the Provider at the time of filing of the respective court action.
    3. No provision of any contract shall establish rights or obligations of any third party and shall not serve interest of any third party.
    4. These Terms have the following Attachments which form integral part thereof:

      In case of conflict, the provisions of these Attachments prevail over the main part of these Terms.
    5. Reference to an “Article” shall mean Article of these Terms unless expressly stipulated otherwise.