Terms and Conditions

1. These terms and who they bind

These Terms and Conditions ("Terms") are a contract between LX Launch, Lda. ("LX Launch", "we", "us"), a company incorporated in Portugal, and you, the person or organisation opening an account for elessar (the "Service"). By ticking the acceptance box at sign-up, or by using the Service, you agree to them.

The Service is built for businesses. By accepting you confirm that you are at least 18 years old and are using the Service in the course of a trade, business, craft or profession. If you accept on behalf of a company or other organisation, you confirm that you have authority to bind it, and "you" means that organisation. If you are a consumer under the law of the country where you live, the mandatory consumer protections of that law apply to you regardless of anything in these Terms.

The Privacy Policy explains how we handle personal data and forms part of these Terms.

2. What the Service does

elessar lets you save web pages as sources, describe your brand, and have articles and social posts drafted from those sources by large language models, with each factual claim tied to a passage in a source you chose. It can plan what to write next, monitor public feeds for topics, and publish drafts to a WordPress site you connect.

Everything the Service writes is a draft. Nothing is published, sent or exported unless a person in your organisation chooses to do it. The Service checks that claims trace to your sources; it does not check that your sources are true, current, complete or lawful to use. That judgement, and the decision to publish, are yours.

We may change, add or remove features. If a change materially reduces what a paid plan includes, we will tell you at least 30 days in advance and you may cancel before it takes effect.

3. Your account

• Give us accurate information and keep it current.
• Keep your password and sign-in methods secure. You are responsible for everything done through your account until you tell us it has been compromised.
• One person per login. Invite teammates through the Service rather than sharing credentials.
• An organisation's owner can add and remove members and controls the organisation's data. If you leave an organisation, its owner keeps the material created in it.

4. Your sources and content

You own the material you bring to the Service ("Your Content"): the links you save, your website text, the posts you paste, your brand profile. You grant us a non-exclusive, worldwide licence to host, copy, analyse, index and transmit Your Content, and to send it to the providers listed in the Privacy Policy, solely to provide the Service to you and for as long as it is in your account.

You are responsible for Your Content and for your right to use it. In particular you confirm that:

• You have the right to save, read and quote from the sources you add, and you comply with their terms of use and with copyright law. The Service quotes and cites sources; it does not give you rights you do not already have.
• When you give us your website address, you own or control that website and authorise us to read it, including pages its robots rules exclude. You will not point the Service at a website on that basis that is not yours.
• Any social posts you paste are your own or you have the right to use them.
• Your Content does not infringe anyone's rights, is not unlawful, and does not contain malware.

We may remove Your Content, or refuse to process a source, where we reasonably believe it breaks these Terms or the law, and we will tell you when we do unless the law prevents it.

5. What the Service produces

As between you and us, you own the drafts, articles, posts and images the Service generates for you ("Output"), and may use them for any lawful purpose. We claim no rights in Output. We do not use it to train models unless an owner of your organisation turns on the setting described next.

"Help improve Elessar's writing" is off unless an owner of your organisation turns it on in Settings. While it is on, when a person in your organisation approves an article, we keep for each section the text as first written, the text as approved including any edits, the source passages shown with it, your brand voice and the kind of article, and we may use them to fine-tune the writing models we operate for the Service. We use them for nothing else and do not show them to other customers. We delete them if an owner turns the setting off, and when your organisation is deleted. Nothing else in Your Content or Output is used to train models.

Please understand what Output is:

• It is generated by machine learning models and may contain errors, omissions or statements that are misleading in context, even where a claim cites a source. You must review Output before relying on it or publishing it.
• Copyright in machine-generated material is uncertain in many countries and Output may not be protectable; similar Output may be produced for other customers who use similar sources.
• Output can quote or paraphrase your sources. You are responsible for ensuring that what you publish respects the rights of those sources and applicable law, including advertising, consumer, defamation and professional-conduct rules in your field.
• You must not present Output as professional advice in regulated fields (legal, medical, financial and the like) without review by a qualified person.

6. Acceptable use

You must not:

• Use the Service to break the law or the rights of others, or to produce content that is unlawful, defamatory, deceptive, hateful or harmful.
• Use it to read, copy or republish websites you have no right to use, or to circumvent a website's access controls or robots rules other than for your own website as section 4 describes.
• Probe, scan, overload or interfere with the Service, or attempt to access other customers' data or our systems.
• Reverse engineer, copy or resell the Service, or use automated means to extract its prompts, models or data beyond the exports it offers.
• Circumvent plan limits, credit accounting or payment.
• Send spam or unsolicited communications with Output.

We may suspend an account immediately where necessary to protect the Service, other customers or the public, and will tell you why as soon as we reasonably can.

7. Plans, credits and payment

• Free plan: onboarding, your brand profile and manually started articles, within the credit allowance shown in the Service. We may change the free allowance on notice.
• Paid plans add content plans and scheduled writing. Prices, what each plan includes and the credit cost of an article are shown in the Service at the time you subscribe.
• Credits are the unit of use. An article costs the number of credits shown before you start it. Credits are allocated each billing period, expire at the end of it, do not roll over and are not refundable or exchangeable for money.
• Subscriptions are billed in advance, monthly, through Stripe, and renew automatically until cancelled. Prices exclude VAT and other taxes, which are added where applicable.
• You may cancel at any time from the billing portal in the Service; cancellation takes effect at the end of the current billing period, and you keep the plan until then. We do not refund partial periods except where the law requires it.
• If a payment fails we will retry and tell you. If it still fails after 14 days we may move the organisation to the free plan until payment is made.
• We may change prices with at least 30 days' notice; the change applies from your next renewal after the notice period.

8. Third-party services

The Service connects to services run by others: Google for sign-in, Stripe for payment, WordPress sites you connect, and the AI and infrastructure providers named in the Privacy Policy. Your use of those services is subject to their terms, and we are not responsible for their availability, changes or acts. If you connect a WordPress site you are responsible for that site and for the credentials you give us, which we store encrypted and use only to publish on your instruction.

9. Our intellectual property

The Service, including its software, design, prompts, documentation and trademarks, belongs to LX Launch and its licensors and is protected by intellectual property law. These Terms give you a limited, non-exclusive, non-transferable right to use the Service for your business while your account is open. If you send us feedback or suggestions, we may use them without obligation to you.

10. Confidentiality

We treat Your Content and Output as confidential. We do not read it except as needed to provide the Service, to investigate abuse, security incidents or a complaint, or where the law requires, and we do not disclose it except as the Privacy Policy describes. You agree to keep confidential any non-public information about the Service that we mark as such or that a reasonable person would understand to be confidential.

11. Availability and support

We aim to keep the Service available at all times but do not promise uninterrupted service. We may take it down for maintenance, and will try to do so outside busy hours and with notice for anything planned. Features labelled beta or preview may change or be withdrawn without notice. Support is by email during business hours in Portugal; we do not offer a service-level agreement on the plans currently available.

12. Data processing (GDPR Article 28)

For personal data contained in Your Content and Output, you are the controller and we are your processor. This section is our data processing agreement. It applies for as long as we process that data for you.

• Subject matter, nature and purpose: hosting, fetching, analysing, indexing, generating and publishing content as the Service describes. Duration: the life of your account. Types of data and data subjects: whatever appears in the sources and content you choose, typically authors, people quoted or named, and your own staff.
• We process that data only on your documented instructions, which are these Terms and the actions you take in the Service, unless EU, Member State or UK law requires otherwise, in which case we will tell you first if the law allows.
• People who process it for us are bound by confidentiality.
• We implement the technical and organisational measures described in the Privacy Policy, section 11.
• We engage the sub-processors listed in the Privacy Policy under written terms that impose the same data protection obligations. We will tell you of any intended addition or replacement at least 14 days in advance by updating that list and notifying you by email or in the Service; you may object on reasonable data protection grounds within that period, and if we cannot address the objection you may terminate the affected part of the Service.
• We help you respond to data subject requests, by the Service's features and by answering your requests, and assist you with security, breach notification, impact assessments and consultations with authorities, taking into account the nature of the processing and the information available to us.
• We notify you without undue delay after becoming aware of a personal data breach affecting your data.
• At the end of the Service we delete your data, unless the law requires us to keep it. You can export it before then.
• We make available the information needed to demonstrate compliance, and allow audits by you or an auditor you mandate, on 30 days' notice, no more than once a year unless required by a supervisory authority or following a breach, and subject to reasonable confidentiality and scheduling terms.
• Transfers outside the EU and UK happen only with the safeguards described in the Privacy Policy, section 7.

13. Warranties and disclaimers

We warrant that we will provide the Service with reasonable skill and care. Beyond that, and to the fullest extent the law allows, the Service and Output are provided "as is": we do not warrant that Output will be accurate, original, free of third-party rights, fit for a particular purpose, or achieve any search ranking or commercial result, or that the Service will be error-free or uninterrupted.

14. Liability

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be excluded or limited by law.

Subject to that, we are not liable for indirect or consequential loss, loss of profit, revenue, business, goodwill or data, or for the consequences of publishing Output without review, however arising, even if foreseeable.

Subject to that, our total liability to you arising out of or in connection with the Service in any 12-month period is limited to the amount you paid us for the Service in that period or, if you paid nothing, to €100.

15. Indemnity

You will indemnify LX Launch against claims, losses and reasonable costs arising from Your Content, from your use of Output, or from your breach of section 4 or 6, except to the extent caused by our breach of these Terms. We will tell you promptly of any such claim and let you control its defence, and will not settle it without your consent.

16. Term and termination

• These Terms apply from the moment you accept them until your account is closed.
• You may close your account at any time from the Service or by emailing us. Paid periods already billed are not refunded except where section 7 or the law provides.
• We may terminate or suspend your account on notice if you materially breach these Terms and do not cure the breach within 14 days of being told, immediately for a breach of section 6 that cannot be cured, if you do not pay, or if we discontinue the Service, in which case we will give at least 60 days' notice and refund any prepaid unused period.
• On termination your right to use the Service ends. We keep your data available for export for 30 days, then delete it as the Privacy Policy describes. Sections 5, 9, 10, 13 to 15 and 18 survive termination.

17. Changes to these Terms

We may update these Terms. The current version and its effective date are always at the top of this page and the version you accepted is recorded on your account. For material changes we will give at least 30 days' notice by email or in the Service; if you do not agree, you may close your account before they take effect, and continuing to use the Service after that date means you accept them.

18. Governing law and disputes

These Terms are governed by the law of Portugal. The courts of Lisbon have exclusive jurisdiction over any dispute, except that if you are a consumer you may also bring proceedings in the courts of the country where you live, and nothing here removes protections you have under that country's law. Before going to court, either of us may ask the other to try to settle the dispute by discussion in good faith for 30 days.

If you are a consumer resident in the European Union, you may also use the European Commission's online dispute resolution platform at ec.europa.eu/consumers/odr. In Portugal, consumers may turn to the consumer arbitration centres listed at www.consumidor.gov.pt.

19. General

• These Terms, the Privacy Policy and the plan details shown in the Service are the entire agreement between us about the Service and replace any earlier discussions.
• If any part of these Terms is found invalid, the rest continues in force.
• A delay in enforcing a term is not a waiver of it.
• You may not assign these Terms without our written consent; we may assign them to a successor of the business on notice to you.
• Neither of us is liable for failure to perform caused by events beyond reasonable control, except for the obligation to pay.
• Notices to us go to privacy@lxlaunch.com; notices to you go to the email address on your account.
• These Terms are written in English, which is the authoritative language.

20. Contact

LX Launch, Lda., Portugal. Email: privacy@lxlaunch.com.