Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Ensoul LLC ("Ensoul," "we," "us," or "our"), governing your access to and use of the Ensoul platform, APIs, SDKs, documentation, and related services (collectively, the "Service") available at ensoul-ai.com.

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, do not use the Service. We may update these Terms from time to time. Continued use of the Service after changes constitutes acceptance of the updated Terms.

2. Service Description

Ensoul is a domain-agnostic personality simulation framework that enables users to create, configure, and interact with synthetic personas powered by large language models (LLMs). The Service includes:

• Ensoul Studio: A web application for domain configuration, persona creation, simulation management, and analytics
• REST API: Programmatic access for persona management, chat inference, memory operations, and simulation control
• Client SDKs: Libraries in Python, TypeScript, Swift, Kotlin, Unity (C#), Unreal (C++), and Godot (GDScript)
• AI-powered persona generation, personality modeling, hierarchical memory, and multi-agent simulation

All persona outputs are generated in real time by LLMs. Ensoul does not cache, pre-compute, or template persona responses.

3. Account Registration

To use the Service, you must create an account with a valid email address and secure password. You are responsible for:

• Maintaining the confidentiality of your account credentials and API keys
• All activity that occurs under your account
• Promptly notifying Ensoul of any unauthorized access to your account

You must be at least 18 years old or the age of majority in your jurisdiction to create an account. Accounts are for individual or organizational use; you may not share, sell, or transfer your account.

4. Pricing and Payment

4.1 Subscription Plans

The Service is available under the following plans:

4.2 Billing

Paid subscriptions are billed monthly in advance via Stripe. All fees are in US dollars and are non-refundable except as required by law. Ensoul reserves the right to change pricing with 30 days' notice. Price changes do not affect the current billing cycle.

4.3 Overages and Usage Limits

Each plan includes specified usage limits (API calls, personas, simulations, etc.) as described on the pricing page. If you exceed your plan's limits, the Service may throttle your usage or prompt you to upgrade. We will not charge overage fees without prior notice and consent.

5. Bring Your Own Key (BYOK)

BYOK customers provide their own LLM provider API key (e.g., Anthropic, OpenAI, or other supported providers). Under BYOK:

• Data flow: Chat prompts and persona context are sent from Ensoul's servers to your chosen LLM provider's API using your API key. Ensoul does not store the content of LLM prompts or responses beyond what is necessary for session continuity (e.g., memory storage).
• Your relationship with your LLM provider: You are directly subject to your LLM provider's terms of service and usage policies. Your API usage and billing with your provider are your responsibility.
• Key security: Your API key is encrypted at rest and transmitted only over TLS. Ensoul personnel do not have access to your plaintext API key. You may revoke your key at any time through your LLM provider's dashboard.
• No additional LLM cost from Ensoul: Ensoul does not mark up or add fees to your LLM provider API usage under BYOK plans.

6. AI-Generated Content and Intellectual Property

6.1 Your Content

You retain all rights to content you provide to the Service, including domain configurations, persona definitions, custom prompts, uploaded data, and any other input materials ("Customer Content"). You grant Ensoul a limited, non-exclusive license to use Customer Content solely for the purpose of providing and improving the Service.

6.2 AI-Generated Output

AI-generated output (persona responses, simulated conversations, generated memories, personality analyses) is produced by LLMs in response to your inputs and configurations. As between you and Ensoul:

• You own and are responsible for all AI-generated output produced through your account
• You are responsible for reviewing AI-generated output for accuracy, appropriateness, and compliance with applicable law before any downstream use
• Ensoul makes no claim of ownership over AI-generated output

Note: The legal status of intellectual property rights in AI-generated content is evolving. Ensoul does not guarantee that AI-generated output qualifies for copyright protection in any jurisdiction.

6.3 Ensoul Intellectual Property

Ensoul retains all rights to the Service, including software, APIs, algorithms, models, documentation, trademarks, and all other Ensoul materials. Nothing in these Terms grants you any right to use Ensoul's intellectual property except as expressly permitted to access and use the Service.

7. AI Regulatory Compliance

7.1 EU AI Act (Regulation 2024/1689)

The EU AI Act establishes a risk-based framework for AI systems. Ensoul is a general-purpose AI platform for generating synthetic personas. Whether a specific deployment constitutes a "high-risk" AI system depends on how you use it.

Ensoul's obligations as a provider:

• All persona outputs are clearly AI-generated. Ensoul provides metadata and labeling capabilities to mark outputs as synthetic (Article 50 transparency)
• API responses include metadata identifying content as AI-generated
• Ensoul does not deploy AI systems in "unacceptable risk" categories (social scoring, real-time biometric identification, manipulation of vulnerable groups)

Your obligations as a deployer:

• Disclose to end users that they are interacting with AI-generated personas, not real people
• Ensure synthetic content is appropriately labeled as AI-generated in your application
• If your use case falls within a "high-risk" category (e.g., employment, education, credit scoring, healthcare), comply with additional obligations including conformity assessments, human oversight, and transparency requirements
• Conduct a fundamental rights impact assessment where required for high-risk deployments
• Consult your own legal counsel regarding EU AI Act compliance for your specific deployment

7.2 Colorado AI Act (SB 24-205)

The Colorado AI Act (effective February 1, 2026) imposes obligations on developers and deployers of "high-risk AI systems" — systems that make or are a substantial factor in making consequential decisions about individuals in areas including employment, education, financial services, healthcare, housing, insurance, and legal services.

• Developer obligations: Ensoul provides documentation about the capabilities and limitations of the Service, including information about training data sources (third-party LLM providers), known limitations of AI-generated output, and intended use cases
• Deployer obligations: If you use Ensoul to make or substantially inform consequential decisions about real individuals in Colorado, you may be required to implement a risk management policy, conduct impact assessments, provide disclosure to affected individuals, and offer an appeal process

7.3 Other AI Regulations

AI regulation is rapidly evolving across jurisdictions. You are responsible for ensuring your use of the Service complies with all applicable AI laws, including state-level AI transparency laws, deepfake and synthetic media laws (e.g., Tennessee ELVIS Act), automated decision-making regulations, and sector-specific AI requirements. Ensoul will update these Terms as new AI regulations take effect.

8. Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. You agree not to use the Service for any purpose that violates applicable law or the Acceptable Use Policy.

9. Data and Privacy

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and protect your information.

If you process personal data of EU/EEA individuals through the Service, our Data Processing Agreement applies and is incorporated into these Terms.

9.1 LLM Provider Data Sharing

To generate persona responses, Ensoul sends contextual data (persona definitions, conversation history, memory context) to third-party LLM providers. For managed plans, Ensoul uses Anthropic's Claude API by default. BYOK customers' data is sent to their chosen provider. See our Privacy Policy Section 4 for details on LLM provider data handling.

9.2 Data Retention and Deletion

Upon account termination, you have 30 days to export your data. After the export period, we delete your data from active systems within 30 additional days. See our Privacy Policy for detailed retention schedules.

10. Service Availability

Ensoul strives to maintain high availability but does not guarantee uninterrupted access to the Service. We may temporarily suspend or restrict access for maintenance, updates, or to address security concerns.

Custom plan customers may negotiate specific uptime commitments and Service Level Agreements (SLAs). The Free Demo plan is provided on a commercially reasonable best-effort basis.

11. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise.

To the maximum extent permitted by applicable law, Ensoul disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

Without limiting the foregoing, Ensoul does not warrant that:

• AI-generated output will be accurate, complete, appropriate, or free from bias
• The Service will meet your specific requirements or expectations
• Persona behavior will be consistent, predictable, or reproducible across interactions
• The Service will be uninterrupted, error-free, or free of harmful components
• AI-generated content will qualify for intellectual property protection in any jurisdiction
• AI-generated output will comply with any specific regulatory standard or be suitable for any particular deployment context

AI outputs may be inaccurate, biased, or harmful. Large language models can produce content that is factually incorrect, reflects biases present in training data, or is inappropriate for certain contexts. You are solely responsible for evaluating the fitness of AI-generated output for your intended use, implementing appropriate human review and oversight, and ensuring compliance with applicable laws before any downstream deployment.

12. Limitation of Liability

To the maximum extent permitted by applicable law:

• Ensoul shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or goodwill, regardless of the theory of liability
• Ensoul's total aggregate liability for all claims arising out of or related to these Terms or the Service shall not exceed the greater of: (a) the amounts paid by you to Ensoul in the 12 months preceding the claim, or (b) $100 USD
• Ensoul is not liable for any harm, loss, or damage arising from AI-generated output, including content that is inaccurate, offensive, defamatory, or otherwise harmful

These limitations apply even if Ensoul has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, Ensoul's liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Ensoul and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms or applicable law; (c) your Customer Content; (d) your deployment of AI-generated output; or (e) any third-party claims related to your use of personas, simulations, or other Service features.

14. Termination

You may terminate your account at any time through the Service's account settings. Ensoul may terminate or suspend your account immediately for violation of these Terms, the Acceptable Use Policy, or applicable law.

Upon termination:

• Your access to the Service will be revoked
• Active API keys will be deactivated
• You have 30 days to export your data (see Section 9.2)
• Any outstanding fees become immediately due
• Provisions that by their nature should survive termination will remain in effect (including Sections 6, 11-13, 15-16)

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States, without regard to conflict of law principles.

15.2 Informal Resolution

Before filing any formal dispute, you agree to contact Ensoul at support@ensoul-ai.com and attempt to resolve the dispute informally for at least 30 days.

15.3 Arbitration

Any dispute that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall be conducted in Arlington, Virginia. The arbitrator's decision is final and may be entered as a judgment in any court of competent jurisdiction.

15.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If this waiver is found unenforceable, the entire arbitration clause shall be void.

16. General Provisions

• Entire Agreement. These Terms, together with the Privacy Policy, Acceptable Use Policy, Data Processing Agreement (where applicable), and Cookie Policy, constitute the entire agreement between you and Ensoul regarding the Service.
• Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force and effect.
• Waiver. Ensoul's failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment. You may not assign your rights or obligations under these Terms without Ensoul's prior written consent. Ensoul may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force Majeure. Ensoul is not liable for any delay or failure to perform due to events beyond its reasonable control, including natural disasters, war, terrorism, cyberattacks, government actions, or disruptions to third-party services (including LLM providers).
• Notices. Ensoul may provide notices through the Service, by email to your account email address, or by other reasonable means. You may provide notices to Ensoul at support@ensoul-ai.com.

17. Contact Us

For questions about these Terms of Service, contact us:

• Ensoul LLC
• Email: support@ensoul-ai.com
• Website: ensoul-ai.com