Terms of Service

1. Agreement to Terms

By accessing or using the Encephalon platform, website, and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Services.

2. Description of Services

Encephalon provides a context engineering and agentic orchestration platform for development teams. Our Services include software tools, consulting services, documentation, and related support as described on our website.

3. Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

4. User Accounts

Certain features of the Services may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use.

5. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to any part of the Services or related systems
• Interfere with or disrupt the integrity or performance of the Services
• Reverse engineer, decompile, or disassemble any aspect of the Services
• Use the Services to transmit malicious code or harmful content

6. Intellectual Property

The Services, including all content, features, and functionality, are owned by Encephalon and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms.

7. Consulting Services

Consulting and implementation services are provided under separate statements of work ("SOW") that reference these Terms. In the event of a conflict between an SOW and these Terms, the SOW shall control with respect to the applicable engagement.

8. Payment Terms

Fees for the Services are as set forth in the applicable SOW or order form. All fees are non-refundable unless otherwise specified. We reserve the right to change our pricing with 30 days' notice.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENCEPHALON 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, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICES.

11. Indemnification

You agree to indemnify and hold harmless Encephalon and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Services or violation of these Terms.

12. Termination

We may terminate or suspend your access to the Services at any time, with or without cause, upon reasonable notice. Upon termination, your right to use the Services will immediately cease.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last updated" date. Your continued use of the Services after changes constitutes acceptance of the revised Terms.

15. Contact

For questions about these Terms, contact us through the scheduling link on our website or via our GitHub organization at github.com/Encephalon.