Terms of Service

1. Who We Are & Scope

These Terms of Service (the “Terms”) form a binding agreement between you (the “Customer”, “you”) and Aetherya SRL, a limited liability company (societate cu răspundere limitată) incorporated in Romania, with registered office at Intrarea Gheorghe Simionescu, Nr. 19, Ap. B26, Sector 1, Municipiul București, Romania, Trade Register No. J2026009029004, sole registration code 53864466 (“Aetherya”, “we”, “us”).

They apply to the website at aetherya.ai, the Aetherya web application, APIs, and all related products, features and services (together, the “Services”). By creating an account, clicking “I agree”, or otherwise accessing the Services, you accept these Terms, our Privacy Policy and our Security commitments, which are incorporated by reference. If you do not agree, do not use the Services.

If you accept these Terms on behalf of an organization, you represent that you are authorized to bind that organization, and “you” refers to that organization.

2. Eligibility

• •You must be at least 18 years old (or the age of majority in your jurisdiction) and capable of forming a binding contract. The Services are not directed to children and we do not knowingly allow their use.
• •You must not be barred from using the Services under the laws of Romania, the European Union, or any other applicable jurisdiction, and you must not be subject to EU, UK, UN, or US sanctions or located in a sanctioned/embargoed territory.
• •You are responsible for ensuring your use complies with all laws applicable to you.

3. The Services & Nature of AI Output

Aetherya is an AI-powered engagement-simulation and research platform. It generates synthetic personas, audience simulations, audits, post/ad simulations and related analytics using large language models and probabilistic techniques.

AI output is probabilistic, not factual or deterministic. Simulations, personas, audience predictions, scores and recommendations are estimates produced by statistical models. They may be inaccurate, incomplete or biased, and they do not represent real individuals, guaranteed outcomes, or professional (legal, financial, medical, or marketing-performance) advice. You are solely responsible for evaluating outputs and for any decisions you make based on them. You must apply independent human judgment before acting on any output.

We may modify, add, or discontinue features at any time. Where a change materially reduces core functionality of a paid plan, Section 13 (Changes) applies.

4. Accounts & Security

• •Account creation and authentication are handled through our identity provider (Clerk). You must provide accurate information and keep it up to date.
• •You are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly at support@aetherya.ai of any unauthorized use.
• •We may suspend or terminate accounts that violate these Terms, present a security or legal risk, or remain inactive for an extended period.

5. Acceptable Use

You agree not to, and not to permit any third party to:

• •Use the Services for any unlawful, infringing, deceptive, or harmful purpose;
• •Upload or process personal data without a valid legal basis, or upload special-category data, content you have no right to use, or scraped data obtained in breach of a third party’s terms or rights;
• •Generate or disseminate disinformation, unlawful manipulation, harassment, hate speech, sexual content involving minors, or content that impersonates a real person to deceive;
• •Use outputs to unlawfully profile, score, or target individuals, or to take legal or similarly significant decisions about a person by automated means in breach of applicable law;
• •Reverse engineer, decompile, scrape, or attempt to extract the underlying models, prompts, or source code, except to the extent this restriction is prohibited by law;
• •Circumvent usage limits, rate limits, or security controls; introduce malware; or probe, attack, or disrupt the Services or infrastructure;
• •Use the Services to develop a competing AI/foundation model, or resell the Services without our written consent.

We may investigate suspected violations and may remove content or suspend access where reasonably necessary, including to comply with the EU Digital Services Act and other applicable law.

6. Customer Content & Data

“Customer Content” means any data, text, prompts, files, URLs, or materials you submit to the Services. As between the parties, you retain all ownership of Customer Content.

You grant us a worldwide, non-exclusive, royalty-free licence to host, process, transmit, and display Customer Content solely to provide, secure, and support the Services, and as otherwise instructed by you. Where Customer Content includes personal data, we process it as your processor under our Privacy Policy and, where applicable, a Data Processing Agreement (Article 28 GDPR) available on request at privacy@aetherya.ai.

You represent that you have all rights and lawful bases necessary to submit Customer Content and to authorize its processing. We do not use your Customer Content to train foundation models. Aggregated, de-identified data that cannot reasonably be used to identify you or your end users may be used to operate and improve the Services.

7. Intellectual Property

The Services, including all software, models, designs, text, and the Aetherya name and logos, are owned by Aetherya SRL or its licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services during your subscription, for your internal business purposes, subject to these Terms.

Output. Subject to your compliance with these Terms and applicable law, and to the extent we hold any rights in the output generated for you, we assign such rights to you. You are responsible for ensuring your use of output is lawful and does not infringe third-party rights. Output may not be unique — similar output may be generated for other users.

Feedback. If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free licence to use it without restriction or obligation to you.

8. Third-Party Services & Sub-Processors

The Services rely on third parties including, among others, our cloud and AI infrastructure providers (e.g., Microsoft Azure and AI model providers), authentication (Clerk), and payment processing (Stripe). Your use of such third-party services may be subject to their own terms. We are not responsible for third-party services we do not control. A current list of sub-processors is available in our Privacy Policy or on request.

9. Plans, Fees & Billing

• •Paid Services are billed in advance on a subscription or usage (credit) basis as described at checkout. Fees are stated exclusive of taxes; you are responsible for applicable VAT and other taxes, except taxes on our income. Where required, VAT will be applied at the prevailing rate.
• •Payments are processed by Stripe. By subscribing you authorize recurring charges to your payment method until you cancel. We do not store full card numbers.
• •Subscriptions renew automatically for successive periods unless cancelled before the renewal date. You can cancel at any time in your account; cancellation takes effect at the end of the current paid period.
• •We may change prices for future billing periods with at least 30 days’ prior notice. Continued use after a price change constitutes acceptance.
• •Late or failed payments may result in suspension. Except as required by law or expressly stated here, fees are non-refundable and credits are non-transferable and have no cash value.

10. Consumer Right of Withdrawal (EU/EEA)

If you are a consumer in the EU/EEA, you normally have the right to withdraw from a distance contract within 14 days without giving a reason (Directive 2011/83/EU). However, because the Services consist of the supply of digital content and online services, you expressly request that we begin performance during the withdrawal period and acknowledge that you lose your right of withdrawal once the Service has been fully performed, and that you will pay for the proportion of the Service provided up to the point you communicate your withdrawal. To withdraw, email legal@aetherya.ai before performance is complete. This Section does not affect mandatory statutory consumer rights.

11. Beta & Preview Features

Features labelled beta, preview, early access, or experimental are provided “as is”, may be changed or withdrawn at any time, may be less reliable, and are excluded from any service-level commitments. Use them at your own discretion.

12. Disclaimers

To the maximum extent permitted by law, the Services are provided “as is” and “as available”, without warranties of any kind, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that AI outputs will be accurate, reliable, or fit for your purposes. Nothing in these Terms limits liability that cannot be limited by law, including mandatory consumer warranties under Romanian and EU law.

13. Limitation of Liability

To the maximum extent permitted by applicable law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to the Services, even if advised of the possibility.

Our total aggregate liability arising out of or relating to these Terms or the Services will not exceed the greater of (a) the total fees you paid to us for the Services in the 12 months preceding the event giving rise to the claim, or (b) EUR 100.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for wilful misconduct or gross negligence, or for any liability that cannot be excluded or limited under applicable law (including mandatory consumer-protection and data-protection law). Where you are a consumer, statutory limitation periods and remedies apply and are not shortened by these Terms.

14. Indemnification

If you are using the Services other than as a consumer, you agree to defend, indemnify, and hold harmless Aetherya SRL and its officers, employees, and agents from any claims, damages, liabilities, and reasonable expenses (including legal fees) arising from your Customer Content, your use of the Services in breach of these Terms, or your violation of law or third-party rights.

15. Suspension & Termination

• •You may stop using the Services and close your account at any time.
• •We may suspend or terminate access immediately if you materially breach these Terms, fail to pay, create legal or security risk, or if required by law.
• •On termination, your right to use the Services ends. We will make Customer Content available for export for a limited period (typically 30 days) and then delete it in accordance with our Privacy Policy and applicable retention obligations. Sections that by their nature should survive (e.g., IP, disclaimers, liability, governing law) survive termination.

16. Changes to the Services or Terms

We may update these Terms from time to time. For material changes we will provide reasonable advance notice (e.g., by email or in-product notice) before they take effect. Changes will not apply retroactively. Your continued use after the effective date constitutes acceptance; if you do not agree, you must stop using the Services and may cancel.

17. Governing Law & Disputes

These Terms are governed by the laws of Romania, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods. The courts of the competent courts of Bucharest, Romania have exclusive jurisdiction, except that, if you are a consumer, you benefit from the mandatory protections of the law of your country of residence and may bring proceedings in your local courts.

EU online dispute resolution. Consumers in the EU may use the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr. We are not obliged to and do not commit to participate in alternative dispute-resolution proceedings before a consumer arbitration body, but will attempt in good faith to resolve disputes directly first.

18. General

• •Entire agreement. These Terms, the Privacy Policy, and any order or DPA form the entire agreement between you and us regarding the Services.
• •Severability. If any provision is held unenforceable, the remainder stays in effect.
• •No waiver. Failure to enforce a provision is not a waiver.
• •Assignment. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
• •Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
• •Notices. We may give notice by email or in-product. Legal notices to us must be sent to legal@aetherya.ai.

19. Contact

Questions about these Terms? Contact us:

• •Aetherya SRL — Intrarea Gheorghe Simionescu, Nr. 19, Ap. B26, Sector 1, Municipiul București, Romania
• •General: hello@aetherya.ai
• •Legal: legal@aetherya.ai