Terms of Service

Who we are

ElderAI and the ATLAS API are provided by ElderAI, Memphis, Tennessee, United States. In these terms, “ElderAI”, “we” and “us” mean the operator of ElderAI, and “you” means the person or organization using the service. By creating an account or using the service, you agree to these terms.

Using ATLAS

You must provide accurate account information, protect your credentials, and comply with applicable law and our Acceptable Use Policy. You remain responsible for prompts, uploaded material, generated output, and applications built with ATLAS.

Accounts and access

You may not share credentials in a way that defeats account controls, bypass limits, probe other accounts, or interfere with the service. We may suspend access to protect users, infrastructure, or legal compliance.

AI output

AI output can be inaccurate, incomplete, or unsuitable. Review output before relying on or publishing it. ATLAS does not provide legal, medical, or financial advice.

Credits and availability

Paid and promotional ATLAS Credits are governed by the Credits and Refund Policy. Features, capacity, and model behavior may change. We do not guarantee uninterrupted availability.

Disclaimer of warranties

THE SERVICE, THE ATLAS MODELS, AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, ELDERAI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT OUTPUT WILL BE CORRECT OR FIT FOR YOUR USE.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ELDERAI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ELDERAI’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE AMOUNT YOU PAID ELDERAI FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR US$0 IF YOU PAID NOTHING). Some jurisdictions don’t allow certain exclusions or limits, so some of the above may not apply to you.

Indemnity

You will defend and indemnify ElderAI against third-party claims, losses, and costs (including reasonable attorneys’ fees) arising from your content, your applications, your use of output, or your breach of these terms or the Acceptable Use Policy.

Dispute resolution: binding arbitration and class-action waiver

Please read this section carefully. It affects your legal rights. Before filing a claim, you agree to contact us at [email protected] and try in good faith to resolve the dispute informally for at least 30 days.

If it isn’t resolved, you and ElderAI agree that any dispute, claim, or controversy arising out of or relating to these terms or the service will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (or its Commercial Arbitration Rules if you use the service for business purposes), rather than in court. The Federal Arbitration Act governs this section. The arbitration will take place in Shelby County, Tennessee, or by video or written submissions, and judgment on the award may be entered in any court with jurisdiction. Either party may instead bring an individual claim in small-claims court, and either party may seek an injunction in court to protect intellectual property or stop misuse of the service.

Class-action waiver. You and ElderAI may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims of more than one person or preside over any class or representative proceeding. You and ElderAI each waive the right to a jury trial.

You may opt out of this arbitration agreement by emailing [email protected] within 30 days after you first accept these terms, with your account email and a statement that you opt out. If the class-action waiver is found unenforceable for a claim, that claim must proceed in court and not in arbitration.

Governing law

These terms are governed by the laws of the State of Tennessee and applicable U.S. federal law, without regard to conflict-of-law rules. Subject to the arbitration section, the state and federal courts in Shelby County, Tennessee have exclusive jurisdiction.

Changes

We may update these terms. If we make a material change, we will update the effective date and notify account holders before it takes effect. Continuing to use the service after that means you accept the updated terms.

Contact

Questions about these terms can be sent to [email protected] (see Contact). Cancellations and refunds follow the Refund Policy.