Terms of Service
Last updated: December 2024
1. Agreement to Terms
By accessing or using the Enterprise Architecture Brain ("EA Brain") service operated by Entira ("we", "our", or "us"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the service.
These Terms apply to all visitors, users, and others who access or use the Service, particularly businesses and organizations ("B2B customers").
2. Definitions
- "Service" refers to the EA Brain application and all related services
- "User" refers to individuals or entities using our Service
- "Organization" refers to the business entity subscribing to our Service
- "Content" refers to data, diagrams, documents, and other materials created or uploaded to the Service
- "Subscription" refers to the paid access plan to use the Service
3. Description of Service
EA Brain is an AI-powered Enterprise Architecture assistant that helps organizations:
- Create architecture diagrams (ArchiMate, BPMN, UML, Mindmaps, etc.)
- Receive AI-powered architectural recommendations
- Maintain living documentation through a knowledge graph
- Collaborate on enterprise architecture initiatives
4. Account Registration
4.1 Eligibility
You must be at least 18 years old and have the authority to bind your organization to these Terms. By creating an account, you represent that you have this authority.
4.2 Account Responsibilities
- Provide accurate and complete registration information
- Maintain the security of your account credentials
- Promptly notify us of any unauthorized access
- Be responsible for all activities under your account
5. Subscription and Payment
5.1 Pricing
Our Service is offered on a per-organization subscription basis. Current pricing and features are available on our website. Prices are subject to change with 30 days notice.
5.2 Payment Terms
- Subscriptions are billed in advance on a monthly or annual basis
- All fees are non-refundable except as required by applicable law
- You authorize us to charge your payment method for recurring fees
- Failure to pay may result in suspension or termination of your account
5.3 Early Access
Waitlist members who join before launch may be eligible for promotional pricing as specified at the time of registration.
6. User Content
6.1 Ownership
You retain all ownership rights to the Content you create or upload to the Service. We do not claim ownership of your Content.
6.2 License to Us
By uploading Content, you grant us a limited license to store, process, and display your Content solely to provide the Service to you. This license terminates when you delete your Content or close your account.
6.3 AI Training
We do not use your Content to train AI models. Your data is used exclusively to serve your organization and is never shared with other customers.
7. Intellectual Property
7.1 Our Intellectual Property
The Service, including its original content, features, and functionality, is owned by Entira and is protected by international copyright, trademark, and other intellectual property laws.
7.2 Restrictions
You may not:
- Copy, modify, or distribute the Service
- Reverse engineer or attempt to extract source code
- Use the Service for competitive analysis
- Remove any proprietary notices from the Service
8. Acceptable Use
You agree not to use the Service to:
- Violate any applicable laws or regulations
- Infringe on intellectual property rights of others
- Upload malicious code or attempt to compromise security
- Interfere with the proper functioning of the Service
- Access accounts or data belonging to others
- Resell or redistribute the Service without authorization
9. Limitation of Liability
9.1 Disclaimer
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9.2 Limitation
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENTIRA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
10. Indemnification
You agree to indemnify and hold harmless Entira and its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Service or violation of these Terms.
11. Termination
11.1 By You
You may terminate your account at any time through your account settings or by contacting us. Upon termination, you will lose access to your Content after a 30-day grace period.
11.2 By Us
We may suspend or terminate your account for violation of these Terms, non-payment, or at our discretion with reasonable notice.
12. Data Protection
Our processing of personal data is governed by our Privacy Policy and GDPR compliance documentation. For B2B customers, we offer Data Processing Agreements upon request.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Slovak Republic, without regard to conflict of law principles. For disputes involving EU customers, the courts of the customer's country of residence may also have jurisdiction.
14. Dispute Resolution
Any disputes arising from these Terms shall first be attempted to be resolved through good-faith negotiation. If unsuccessful, disputes shall be resolved through arbitration or the competent courts as specified in Section 13.
15. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Service at least 30 days before they take effect. Continued use of the Service after changes constitutes acceptance of the new Terms.
16. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
17. Contact Information
For questions about these Terms, please contact us:
- Email: legal@eabrain.eu
- Enterprise inquiries: enterprise@eabrain.eu