TERMS OF SERVICE AND END USER LICENSE AGREEMENT
Last Updated: May 16, 2026
PLEASE READ THIS AGREEMENT CAREFULLY. IT GOVERNS YOUR LEGAL RIGHTS AND CONTAINS IMPORTANT LIMITATIONS OF LIABILITY. BY CREATING AN ACCOUNT, ACCESSING, OR USING THE SERVICE, YOU EXPLICITLY AGREE TO BE BOUND BY THESE TERMS.
These Terms of Service and End User License Agreement (the “Agreement” or “Terms”) form a legally binding contract between you (“User,” “you,” or “your”) and Enimerai (“Company,” “we,” “us,” or “our”). This Agreement governs your access to and use of the Enimerai mobile application, backend API services, websites, algorithms, and related software (collectively, the “Service”).
1. ACCEPTANCE OF TERMS AND MODIFICATIONS
1.1 Acceptance. By downloading the mobile application, registering via Firebase authentication, or otherwise accessing the Service, you represent that you are at least 18 years of age and possess the legal authority to enter into this Agreement. If you are accessing the Service on behalf of an entity, you represent that you have the authority to bind that entity to these Terms.
1.2 Modifications. We reserve the right, at our sole discretion, to modify, amend, or replace these Terms at any time. We will provide notice of material changes via email or an in-app notification at least fifteen (15) days before they take effect, except where a longer notice period is required by applicable law or specified elsewhere in these Terms (such as the thirty (30) day notice for price modifications in Section 7.4). Your continued use of the Service after the effective date of any modifications constitutes your binding acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service and cancel your account before the changes take effect.
2. THE SERVICE: NATURE, LIMITATIONS, AND DISCLAIMERS
2.1 Description. The Service is an automated, condition-based monitoring utility that utilizes Artificial Intelligence (AI), Large Language Models (LLMs), and external data APIs to process natural-language alerts and generate notifications regarding public data.
2.2 “As-Is” Provision. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
2.3 AI Limitations and “Hallucinations.” You acknowledge that the Service utilizes experimental generative AI technologies. The Service may produce output that is inaccurate, fabricated, logically inconsistent, or misleading (“hallucinations”). You agree that you are solely responsible for independently verifying the accuracy and reliability of any output, summary, or notification before relying upon it.
2.4 Third-Party Data Providers. The Service ingests data from external third parties (including but not limited to Finnhub, Open-Meteo, Exa, and various news outlets). We do not control, endorse, or verify this third-party data. You acknowledge that data may be delayed, incomplete, or subject to the licensing restrictions of those providers. We disclaim all liability for errors, omissions, or delays originating from third-party data sources.
2.5 No Professional Advice. The Service does not provide financial, legal, medical, or other professional advice. Alerts concerning financial markets, asset prices, corporate events, or regulations are strictly for informational purposes. You agree not to rely on the Service for investment decisions. We are not liable for any financial losses or damages incurred.
2.6 No Emergency or Life-Safety Use. YOU EXPRESSLY ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED, DESIGNED, OR RELIABLE FOR EMERGENCY SITUATIONS OR LIFE-SAFETY ALERTS. Do not rely on the Service for warnings regarding extreme weather, natural disasters, active threats, or situations where delayed notification could result in injury, death, or property damage. Notifications are “best-effort” and subject to inherent network and hardware delays.
3. USER ACCOUNTS, AUTHENTICATION, AND SECURITY
3.1 Account Creation. Access requires registration using a valid account authenticated via our third-party provider (e.g., Firebase). You are responsible for maintaining the confidentiality of your authentication credentials.
3.2 Account Activity. You are solely responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized access. We are not liable for any loss or damage arising from your failure to protect your credentials.
4. PROHIBITED CONDUCT AND ACCEPTABLE USE
You agree to use the Service strictly in compliance with all applicable laws and regulations. You shall not, directly or indirectly:
4.1 Unauthorized Monitoring (Stalking & Harassment). Use the Service to monitor, stalk, harass, or surveil private individuals. The Service is exclusively for tracking public entities, market conditions, and topics of general public interest.
4.2 Abuse of Infrastructure. Interfere with, disrupt, or attempt to gain unauthorized access to the Service’s servers, networks, or databases. This includes submitting excessively large payloads, conducting Denial of Service (DoS) attacks, or bypassing rate limits.
4.3 Reverse Engineering and AI Manipulation. Reverse engineer, decompile, disassemble, or attempt to derive the source code, prompts, vector embeddings, or underlying algorithms of the Service. You shall not engage in “prompt injection” or submit inputs designed to manipulate the LLM’s intended instructions.
4.4 Scraping and Model Distillation. Use any automated means (spiders, robots, scrapers) to access or extract data from the Service. You explicitly agree NOT to use the Service’s outputs to develop, train, fine-tune, or improve any competing artificial intelligence, machine learning model, or algorithmic system.
4.5 Illegal Activities. Use the Service to facilitate, plan, or execute illegal acts, market manipulation, insider trading, or the violation of any third party’s intellectual property rights.
5. CONFIDENTIALITY AND DATA SUBMISSION RISKS
5.1 LIMITED EXPECTATION OF PRIVACY FOR SUBMITTED TEXT. The core functionality of the Service requires transmitting your natural-language alerts to third-party AI providers (e.g., Google Gemini API under Google’s Data Processing Addendum) and processing them through our infrastructure. While we apply industry-standard security measures and contractual protections with our processors, you should treat any text submitted to the Service as text that has been disclosed to a third party. YOU EXPRESSLY AGREE NOT TO SUBMIT SENSITIVE, CONFIDENTIAL, PROPRIETARY, OR REGULATED INFORMATION.
5.2 Prohibited Data Types. You shall not input Trade Secrets, Material Non-Public Information (MNPI), Personally Identifiable Information (PII) of third parties, Protected Health Information (PHI), or any data you are contractually or legally bound to keep confidential (e.g., under an NDA or employment agreement).
5.3 Assumption of Liability. If you violate Section 5.2, you do so entirely at your own risk. Enimerai assumes no liability for the exposure, leak, or processing of confidential information submitted in violation of this Agreement.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Your Input. You retain all rights and ownership to the original text you input into the Service. You grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, and process this input solely to operate and maintain the Service for you, for the duration of your account plus a reasonable wind-down period following termination.
6.2 AI Generated Output. You acknowledge that the algorithmic summaries, extracted metrics, and notifications (“Output”) generated by the Service are non-exclusive. Due to the nature of machine learning, the Service may generate identical or similar Output for other users. You may not claim copyright ownership over AI-generated Output provided by the Service.
6.3 Aggregated Data Rights. We may use anonymized and aggregated statistics (data from which you cannot be re-identified by us or any third party) for system improvement, research, and analytics. We do not retain personal data, prompts, or vector embeddings for these purposes beyond what is necessary to operate the Service.
6.4 Company IP. The Service, including its software, architecture, visual design, branding, and proprietary algorithms, are the exclusive property of Enimerai and its licensors, protected by copyright, trademark, and other intellectual property laws.
7. FEES, SUBSCRIPTIONS, AND CANCELLATION
7.1 Billing. If you elect to use paid features, you authorize us (or our designated third-party payment processors) to charge your payment method on a recurring basis according to the selected subscription tier.
7.2 Cancellation Policy. DELETING THE MOBILE APPLICATION FROM YOUR DEVICE DOES NOT CANCEL YOUR SUBSCRIPTION. To cancel, you must use the cancellation mechanism provided within the App Store (Apple/Google) or your account dashboard.
7.3 No Refunds. Except where prohibited by applicable law (including mandatory consumer-protection rights such as the EU’s 14-day right of withdrawal for digital content where applicable, Swiss consumer law, and any non-waivable statutory rights in your jurisdiction), all fees are non-refundable. We do not provide prorated refunds for partial months of service, unused time, or downgraded tiers. Upgrades take effect immediately; downgrades take effect at the start of the next billing cycle. Refunds for purchases made through the Apple App Store or Google Play are subject to those platforms’ refund policies.
7.4 Price Modifications. We reserve the right to change subscription fees at any time. We will provide a minimum of thirty (30) days’ notice regarding price increases. Continued use of the Service after the notice period constitutes your binding acceptance of the new fees.
8. INFRASTRUCTURE, UPTIME, AND DATA INTEGRITY
8.1 “Gray Failures” and Latency. We do not guarantee uninterrupted or real-time access. You acknowledge that performance degradation, network latency, and delayed push notifications do not constitute “downtime” or a breach of any service level expectation.
8.2 System Integrity Throttling. We reserve the unilateral right to temporarily suspend, throttle, or limit your API or backend access without prior notice if we determine, in our sole discretion, that your usage volume or patterns threaten the stability, security, or performance of the platform for other users.
8.3 Data Sync Conflicts. Local data storage on your mobile device is provided for convenience. In the event of an offline synchronization conflict between devices, the server’s resolution logic (e.g., last-write-wins) shall be final. We are not liable for data loss, overwritten alerts, or missed notifications resulting from sync failures.
9. HARDWARE, NETWORK, AND MOBILE PLATFORM LIABILITY
9.1 Hardware and Data Costs. You are solely responsible for your device, network connections, and data plans. We expressly disclaim any liability for hardware degradation, battery life reduction, cellular data overage fees, or roaming charges resulting from the Service’s background processes, fetching routines, or push notifications.
9.2 Platform Dependency. The availability of the mobile application is strictly contingent upon the policies and availability of third-party app stores (e.g., Apple App Store, Google Play Store). We are not liable for service interruptions, loss of access, or required refunds if the application is removed, restricted, or banned by these platform providers.
10. SUSPENSION AND TERMINATION
10.1 Discretionary Termination. We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, at any time, without prior notice or liability.
10.2 Causes for Termination. Causes for termination include, but are not limited to: (a) breach of these Terms; (b) excessive resource consumption; (c) fraudulent or illegal activity; or (d) if we determine that your continued use poses a reputational, legal, or security risk to Enimerai.
10.3 Effect of Termination. Upon termination, your right to use the Service will immediately cease. Sections regarding Disclaimers, Intellectual Property, Limitation of Liability, Indemnification, and Dispute Resolution shall survive termination.
11. FORCE MAJEURE
We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control. This explicitly includes, but is not limited to: acts of God, war, terrorism, pandemics, widespread internet outages, telecommunications failures, labor strikes, governmental action, and the failure or severe degradation of third-party cloud infrastructure, AI API providers, or push notification delivery networks (e.g., AWS, Google Cloud, Firebase).
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENIMERAI, ITS FOUNDERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO: (A) YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY RELIANCE ON AI-GENERATED OUTPUT, MISSED ALERTS, OR DELAYED NOTIFICATIONS; (D) ANY HARDWARE DEGRADATION OR NETWORK FEES; REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF FIFTY SWISS FRANCS (CHF 50) OR THE AMOUNT YOU PAID US IN THE SIX (6) MONTHS PRECEDING THE CLAIM.
Nothing in this Agreement excludes or limits our liability for: (i) death or personal injury caused by our negligence; (ii) gross negligence or wilful misconduct; (iii) fraud or fraudulent misrepresentation; or (iv) any other liability that cannot be excluded or limited under applicable law (including non-waivable consumer-protection rights under Swiss and EU law).
13. INDEMNIFICATION
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Enimerai, its founders, affiliates, and licensors from and against any third-party claims, damages, liabilities, costs, and reasonable expenses (including reasonable attorney’s fees) arising from: (a) your breach of this Agreement; (b) your violation of any third-party right, including any copyright, property, or privacy right; or (c) any claim that text you submitted to the Service was confidential, defamatory, or illegal and caused damage to a third party.
This indemnity does not apply where prohibited by applicable consumer-protection law or to the extent the claim arises from our own breach, negligence, or wilful misconduct.
14. GOVERNING LAW AND JURISDICTION
14.1 Governing Law. This Agreement is governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
14.2 Jurisdiction. The ordinary courts of Lausanne, Canton of Vaud, Switzerland shall have exclusive jurisdiction over any dispute arising out of or in connection with this Agreement, subject to any mandatory rights of consumers to bring proceedings in the courts of their country of residence under applicable law (including, where applicable, the Lugano Convention and EU consumer-protection regulations).
14.3 Informal Resolution. Before initiating any formal proceeding, you agree to contact us at support@enimerai.com and allow us thirty (30) days to attempt to resolve the dispute in good faith.
15. GENERAL PROVISIONS
15.1 Severability. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
15.2 Entire Agreement. These Terms (together with the Privacy Policy referenced herein) constitute the entire agreement between us regarding the Service and supersede any prior agreements, oral or written, regarding the Service.
15.3 Assignment. You may not assign or transfer this Agreement or any rights hereunder without our prior written consent. We may assign this Agreement at any time without notice in connection with a merger, acquisition, or sale of assets.
15.4 No Waiver. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
15.5 Notices. Legal notices to us must be sent in writing to support@enimerai.com. Notices to you may be delivered by email, in-app notification, or posting on our website.
15.6 Apple App Store Addendum. If you obtained the mobile application from the Apple App Store, you acknowledge: (a) this Agreement is concluded between you and Enimerai only, not with Apple, and Apple is not responsible for the application or its content; (b) Apple has no obligation to provide maintenance or support; (c) in the event of any failure to conform to applicable warranty, Apple’s sole obligation is a refund of the purchase price; (d) Apple is not responsible for product or third-party intellectual-property claims; (e) you represent that you are not in a country subject to US embargo or designated on any US restricted-parties list; and (f) Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you.
Contact Information If you have any questions about these Terms, please contact us at: support@enimerai.com