Terms of Service

These Terms of Service govern your use of the website located at erebyx.com and any related services provided by EREBYX LLC.

By accessing erebyx.com or any EREBYX service, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree, you are prohibited from using or accessing this website or using any other services provided by EREBYX.

We, EREBYX LLC, reserve the right to review and amend these Terms of Service. For active paid subscribers, material changes — including changes to dispute resolution, liability, pricing, or your locked Genesis Arche rate — will take effect 30 days after we notify you by the email address on your account, will not retroactively apply to disputes arising before the effective date, and you may cancel before changes take effect. For non-paid users (visitors, free-tier users), changes take effect on the date posted. Non-material changes (typo fixes, clarifications, link updates) become effective on publication for all users.

Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

• modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
• remove any copyright or other proprietary notations from any materials and software on this website;
• transfer the materials to another person or "mirror" the materials on any other server;
• knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service EREBYX provides;
• use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
• use this website or its associated services in violation of any applicable laws or regulations;
• use this website in conjunction with sending unauthorized advertising or spam;
• harvest, collect, or gather user data without the user's consent; or
• use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials contained in this website are owned by or licensed to EREBYX LLC and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by EREBYX at any time.

User-Generated Content

You retain all intellectual property rights in content you submit to or generate through the EREBYX service. We will never claim ownership of your content. We require a narrow license from you only to operate the service on your behalf.

Your license to us. You grant EREBYX a limited, revocable, non-exclusive, non-transferable, royalty-free license to store, encrypt, process, retrieve, and operate on your content solely for the purpose of providing the service to you. This license is consistent with our Privacy Policy and our Data Retention Policy.

What this license does NOT include. EREBYX will not distribute, sell, license to others, publish, display publicly, or use for any purpose other than providing the service to you, including model training, evaluation, or fine-tuning (see "No Training on User Content" below). EREBYX claims no rights to derivative works, atomizations, embeddings, summaries, or aggregates of your content beyond the operational use required to serve them back to you.

The license terminates immediately when you delete the content or your account. Section 7 below ("User Ownership of Content") incorporates this same grant by reference.

You give us permission to use your account email and any name or display name you provide for the limited purpose of operating your account, sending transactional and (with consent) marketing email, and consistent with our Privacy Policy.

Liability

Our website and the materials on our website are provided on an 'as is' basis. To the extent permitted by law, EREBYX makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall EREBYX or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if EREBYX or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, "consequential loss" includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use, and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. EREBYX does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

Links

EREBYX has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by EREBYX of the site. Use of any such linked site is at your own risk.

EREBYX-Specific Terms

The following terms apply specifically to your use of EREBYX and its features.

1. AI-Generated Output Disclaimer

EREBYX synthesizes responses, atomizations, summaries, and other outputs using neural network models (including third-party large language models accessed via DeepInfra and other inference providers). All such output is generated probabilistically and may contain errors, omissions, fabrications, or biases.

EREBYX outputs do not constitute professional medical, legal, financial, psychological, or safety-critical advice. You are solely responsible for verifying any output before acting on it. EREBYX disclaims all warranties regarding accuracy, fitness for purpose, or merchantability of generated content.

2. Encrypted Content & Architectural Roadmap

v0.1.1 (current): User-generated content is encrypted at rest with envelope encryption — XChaCha20-Poly1305 (primary), with AES-256-GCM — using per-tenant keys derived via HKDF-SHA256. Encrypted in transit with TLS 1.3. Privacy-preserving vector encryption engineered to preserve retrieval quality versus plaintext.

EREBYX operationally holds the per-tenant Key Encryption Key for support and debugging at v0.1.1. This means we may be compelled to decrypt your memory content under valid US legal process (subpoena, warrant). We do not voluntarily decrypt outside of authenticated support requests you initiate.

Content is processed in plaintext at the inference layer (third-party LLM APIs, currently DeepInfra) at the moment of atomization and embedding before being encrypted at rest for storage. Plaintext does not persist on EREBYX infrastructure outside the inference window.

v0.2 (target Q3 2026): Per-user zero-knowledge encryption ships. Encryption keys will be derived from a passphrase you control. At that point, EREBYX will be unable to decrypt your memory content. Lost passphrase will mean lost memories — recovery seed required at signup. We will publish migration documentation when v0.2 is available.

For full architectural details, see our /security page.

3. API Key Responsibility

Your API key is the credential by which the EREBYX service authenticates you and accesses your encrypted content on your behalf. You are solely responsible for safeguarding your API key. You can rotate keys at any time via your dashboard.

If your API key is compromised, you should rotate it immediately to invalidate the prior key. EREBYX is not liable for unauthorized access resulting from a compromised API key that you have not rotated.

When v0.2 ships per-user zero-knowledge encryption, additional credential responsibilities (passphrase + recovery seed) will apply per the migration documentation.

4. No Training on User Content

EREBYX does not use your memory content, atomized memories, queries, or session activity to train, fine-tune, or evaluate any model — our own or any third party's. Project EREBYX (our v2.0 model end-state) is designed FROM EREBYX's own architecture, not extracted from user corpus. This is an architectural commitment, not solely a policy promise.

Successor-binding. This no-training commitment binds any successor entity in the event of a business transfer (sale, merger, acquisition, or reorganization). We will only consummate a business transfer under terms that preserve the no-training commitment for memory content already stored as of the date of transfer.

5. Acceptable Use

You agree not to use the service to store, generate, transmit, or facilitate: child sexual abuse material; content directly enabling violence or terrorism; non-consensual intimate imagery; coordinated harassment; material that infringes third-party intellectual property; or activity unlawful in your jurisdiction.

EREBYX may suspend or terminate accounts upon credible report or evidence of such use. See our full Acceptable Use Policy for the complete list of prohibited activities and our enforcement approach.

As a US-based Electronic Service Provider, EREBYX is required by 18 U.S.C. § 2258A to report suspected child sexual abuse material to the National Center for Missing and Exploited Children (NCMEC) CyberTipline. Reports are made through that legally-authorized channel.

6. Service Status & Availability

EREBYX Genesis Arche is a v0.1.1 beta release. We do not guarantee uptime, feature stability, data durability beyond commercially reasonable backups, or backwards compatibility of APIs, formats, or data structures during this period.

Service status is published at status.erebyx.com. Pricing tiers and feature availability may change with notice; Genesis Arche rates locked at the time of subscription remain locked for as long as the subscription remains continuously active (see Terms of Sale).

7. User Ownership of Content

You retain all rights to content you create on EREBYX. The license you grant us is fully described in the "User-Generated Content" section above; this section incorporates that grant by reference and adds no broader rights. The license is limited, revocable, non-exclusive, non-transferable, royalty-free, and exists solely for the purpose of providing the service to you. It terminates immediately upon content deletion or account deletion.

EREBYX claims no rights to your content, your atomizations, your derived artifacts (embeddings, summaries, aggregates), or any intellectual property you generate using the service.

Dispute Resolution

Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or the EREBYX services — including their formation, interpretation, breach, or termination — will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Consumer Arbitration Rules where applicable. The arbitration will take place in North Carolina, USA, or another mutually agreed location, and may be conducted remotely.

The arbitrator will have exclusive authority to resolve any dispute, including any claim that all or part of these Terms are unenforceable. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

Class Action Waiver

You and EREBYX agree that any dispute will be resolved in individual capacity only, not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims, and may not preside over any form of representative or class proceeding.

30-Day Opt-Out Right

You may opt out of the arbitration agreement and class action waiver above by sending written notice to [email protected] within 30 days of first accepting these Terms (or 30 days of any material amendment). Notice must include your full name, account email, and a clear statement that you are opting out. Opting out will not affect the rest of these Terms or your right to use the service. We will not retaliate or treat you differently for opting out.

Exceptions

The following claims are not subject to arbitration: (a) claims for injunctive or equitable relief related to intellectual property rights or trade secrets; (b) small-claims court actions where the amount in controversy is within the court's jurisdictional limits; (c) any claim that cannot lawfully be subject to arbitration under applicable law.

Indemnification

By You

You agree to defend, indemnify, and hold harmless EREBYX LLC and its officers, employees, agents, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the EREBYX service in violation of these Terms or our Acceptable Use Policy; (b) content you store, transmit, or generate via the EREBYX service that infringes any third party's intellectual property, privacy, or other rights; (c) your violation of any applicable law or regulation; (d) any false or misleading representation you make to us.

By EREBYX

Subject to the limitation of liability below, EREBYX will defend, indemnify, and hold you harmless from any third-party claim alleging that the EREBYX service, as provided by us and used in accordance with these Terms, infringes such third party's US patent, copyright, or trademark.

EREBYX's obligation does not apply to: (a) claims arising from your modifications to the service or use outside the scope authorized by these Terms; (b) combinations of the service with non-EREBYX products or services where the claim would not have arisen but for the combination; (c) content you input to the service.

Limitation of Liability

To the maximum extent permitted by law, EREBYX's total aggregate liability under these Terms — whether arising in contract, tort, or otherwise — will not exceed the greater of (a) the fees you paid EREBYX in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred US dollars ($100). This cap applies notwithstanding any failure of essential purpose of any limited remedy.

Force Majeure

Neither party will be liable for any delay or failure to perform under these Terms resulting from causes beyond that party's reasonable control, including but not limited to acts of God, natural disasters, fires, floods, severe weather, pandemics, war, terrorism, civil unrest, government actions, labor disputes, internet or telecommunications outages, third-party service provider failures, cyberattacks, or other similar events ("Force Majeure Events").

The affected party will use reasonable efforts to mitigate the impact and notify the other party of the Force Majeure Event as soon as reasonably practicable. If a Force Majeure Event continues for more than 30 consecutive days, either party may terminate the affected portion of these Terms upon written notice.

DMCA Notice Procedure

EREBYX respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If you believe content stored on or transmitted through EREBYX infringes your copyright, you may submit a takedown notice to our designated agent.

How to submit a DMCA notice

Send a written notice to [email protected] with subject line DMCA TAKEDOWN NOTICE containing all of the following (per 17 U.S.C. § 512(c)(3)):

1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner
2. Identification of the copyrighted work claimed to have been infringed
3. Identification of the material that is claimed to be infringing, with information sufficient to permit us to locate the material (account ID, post URL, etc.)
4. Your contact information (address, telephone, email)
5. A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
6. A statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner

Counter-notice procedure

If your content has been removed in response to a DMCA notice and you believe it was removed in error, you may submit a counter-notice to [email protected] with subject DMCA COUNTER-NOTICE containing the elements required by 17 U.S.C. § 512(g)(3).

Repeat infringer policy

EREBYX will terminate, in appropriate circumstances, the accounts of users who are repeat infringers of intellectual property rights.

Designated DMCA agent

EREBYX LLC
Attn: DMCA Agent
500 Westover Drive #32317
Sanford, NC 27330, USA
Email: [email protected]

Registration of our designated agent with the U.S. Copyright Office DMCA Designated Agent Directory is in process and will be completed during launch week. Until that filing is effective, please continue to send notices to the contact above; we will treat them per § 512 procedures and respond accordingly.

Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for material breach of these Terms of Service or our Acceptable Use Policy.

Effect on prepaid annual subscriptions. Prepaid fees are non-refundable and are not prorated. This applies whether we terminate your subscription for cause (your material breach of these Terms or our AUP) or for any other reason (for example, we discontinue the service), except where a refund is required by applicable law. See our Refund Policy for details.

Severability

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of North Carolina, USA. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Contact

General support and account questions: [email protected]

Privacy and data-rights inquiries: [email protected]

Legal notices, DMCA, and questions about these Terms: [email protected]

EREBYX LLC
500 Westover Drive #32317
Sanford, NC 27330, USA