Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your use of the Acuda AI platform ("Platform", "Service"), operated by Acuda AI ("we", "us", "our").

By creating an account or using the Platform, you agree to these Terms. If you do not agree, please do not use our Service.

The Platform is accessible through: acuda.ai, acuda.agency, acuda.biz, acudaplay.com, and acuda.health.

2. What Acuda AI Does

Acuda AI is a multi-tenant AI persona platform that provides AI-powered avatars for various professional purposes including business consulting, marketing, HR, sales, wellness, legal information, and more.

Important — AI Transparency:

• All avatars on the Acuda AI platform are powered by artificial intelligence, primarily using Anthropic's Claude API and supplementary AI services.
• Avatars are not human. You are interacting with AI at all times.
• Avatar responses are generated by AI models and may not always be accurate, complete, or up to date.
• For more detail, see our AI Transparency Statement.

3. Account Registration

3.1 Eligibility

You must be at least 16 years old to create an account.

3.2 Account Responsibilities

• You are responsible for maintaining the confidentiality of your login credentials
• You are responsible for all activity under your account
• You must provide accurate registration information
• Notify us immediately of any unauthorised use at support@acuda.ai

4. Subscriptions and Payments

4.1 Pricing

Subscription plans and pricing are displayed on the Platform. All prices are exclusive of applicable taxes unless stated otherwise.

4.2 Billing

Subscriptions are billed in advance on a monthly or annual basis. Payment is processed by Stripe. Failed payments may result in service suspension after a reasonable grace period.

4.3 Free Trials

Free trials may be offered at our discretion with limited features. We may modify or discontinue trial offerings at any time.

4.4 Cancellation and Refunds

• You may cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of your current billing period
• We do not offer refunds for partial billing periods, except where required by law
• EU/UK consumers have a 14-day withdrawal right from the date of purchase, provided the Service has not been used. Once you begin using the Service, you acknowledge that the withdrawal right is lost, in accordance with the Consumer Rights Directive.

4.5 Price Changes

We may change prices with at least 30 days' notice. Existing subscribers will be notified by email. Continued use after a price change constitutes acceptance.

5. Acceptable Use

5.1 You May

• Use the Platform for lawful personal or business purposes
• Create and configure avatars within the features available on your plan
• Upload knowledge base documents that you have the right to use
• Share avatar outputs within your organisation for legitimate purposes

5.2 You Must Not

• Use the Platform for any unlawful, harmful, or fraudulent purpose
• Attempt to reverse-engineer, decompile, or extract AI models, system prompts, or proprietary configurations
• Generate content that is illegal, defamatory, harassing, discriminatory, or incites violence
• Misrepresent AI-generated content as human-created where disclosure is legally required
• Use avatars to provide professional advice to third parties without appropriate qualifications and disclaimers
• Upload content that infringes third-party intellectual property rights
• Attempt to circumvent usage limits, security measures, or access controls
• Share your account credentials or allow unauthorised access
• Process special category data (GDPR Article 9) without appropriate safeguards

6. Customer Compliance Obligations

6.1 GDPR Compliance

If you process personal data of others through the Platform:

• You are the data controller for that data
• You must have a lawful basis for processing
• You must inform those individuals that AI is used
• You must sign our Data Processing Agreement
• You are responsible for responding to data subject rights requests

6.2 AI Act Compliance

• All users: You must disclose to any person interacting with an avatar that they are communicating with AI, not a human
• HR/Employment use: AI-assisted hiring, evaluation, or management decisions may constitute "high-risk" AI use under the AI Act. You are responsible for risk assessments, human oversight, and compliance

6.3 Professional Advice Disclaimer

Avatars in specialised areas (legal, financial, health, HR) provide general information only, not professional advice. You must make this clear to end-users and remain responsible for decisions made based on avatar outputs.

7. Intellectual Property

7.1 Our IP

The Platform, including its design, code, AI configurations, avatar system prompts, branding, and documentation, is owned by Acuda AI and protected by intellectual property laws.

7.2 Your Content

You retain ownership of content you upload. By uploading content, you grant us a limited licence to process, store, and use that content solely for providing the Service to you.

7.3 AI-Generated Output

We do not claim ownership of AI-generated outputs. You are responsible for how you use them, including ensuring accuracy and compliance with applicable laws.

8. Data Processing

We process your personal data in accordance with our Privacy Policy. Conversations are stored for continuity and are not used to train AI models. You can delete your conversations at any time. Business customers must enter into our Data Processing Agreement.

9. Availability

We aim to provide a reliable service but do not guarantee 100% uptime. The Platform may be temporarily unavailable due to maintenance, third-party outages, or force majeure events.

10. Limitation of Liability

10.1 AI Output Disclaimer

We do not warrant that AI-generated outputs will be accurate, complete, up to date, or fit for any purpose. AI models can produce incorrect, biased, or misleading outputs. Outputs should not be relied upon as professional advice without independent verification.

10.2 Liability Cap

To the maximum extent permitted by law, our total liability shall not exceed the total fees you have paid to us in the 12 months preceding the claim.

10.3 Consumer Rights

Nothing in these Terms excludes our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law. If you are an EU/UK consumer, your statutory rights are not affected.

11. Indemnification

You agree to indemnify us from claims arising from your use of the Platform in violation of these Terms, your breach of applicable laws, your use of AI-generated content that causes harm, or content you upload that infringes third-party rights.

12. Termination

You may terminate your account at any time via account settings or by contacting support@acuda.ai. We may suspend or terminate accounts that materially breach these Terms. Upon termination, your data will be deleted within 30 days unless retention is required by law.

13. Dispute Resolution

These Terms are governed by the laws of Ireland. Disputes shall be subject to the exclusive jurisdiction of the courts of Ireland. EU/UK consumers may also bring proceedings in their own country. We encourage informal resolution first — contact support@acuda.ai.

14. General

These Terms, together with our Privacy Policy, Cookie Policy, and any applicable DPA, constitute the entire agreement. If any provision is unenforceable, the remainder continues in full force. We may update these Terms with at least 30 days' notice.

15. Contact

Questions about these Terms: support@acuda.ai
Data protection queries: privacy@acuda.ai