Encapsa AI Legal

Terms of Service

Effective date: August 18, 2026

These Terms of Service govern access to the Encapsa AI website, enterprise AI platform, hosted services, applications, and related offerings.

On this page

1. Acceptance
2. Accounts
3. Acceptable Use
4. Customer Content
5. AI Features
6. Fees and Subscriptions
7. Disclaimers
8. Liability
9. Governing Law
10. Contact Us

Acceptance of These Terms

These Terms of Service (“Terms”) are a binding agreement between you and Encapsa AI Inc. (“Encapsa AI,” “we,” “us,” or “our”). These Terms govern your access to and use of the Encapsa AI website, enterprise AI platform, hosted services, applications, software, content, and related services collectively referred to as the “Services.”

By accessing or using the Services, creating an account, or otherwise indicating your acceptance of these Terms, you agree to be bound by them. If you do not agree to these Terms, you may not access or use the Services.

If you access or use the Services on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity to these Terms. In that case, “you” and “your” refer to both you and the entity.

Eligibility

The Services are intended for businesses and their authorized representatives. You must be at least 18 years old and legally capable of entering into a binding agreement to use the Services.

You may not access or use the Services if you are prohibited from doing so under applicable law or if Encapsa AI has previously suspended or terminated your access.

Customer Agreements

Business customers may enter into a Master Subscription and Services Agreement, Order Form, data processing addendum, service schedule, or another written agreement with Encapsa AI. Those agreements may contain additional or different terms governing paid subscriptions, Customer Data, security, service levels, warranties, support, and other matters.

If these Terms conflict with a written agreement signed by Encapsa AI and the applicable customer, the signed agreement controls to the extent of the conflict. These Terms continue to govern matters not addressed by the signed agreement and use of the public Encapsa AI website.

The Services

Encapsa AI provides an enterprise AI application and orchestration platform. Depending on the applicable subscription and configuration, the Services may include AI-powered business reporting, document processing, data retrieval, workflow automation, website building and hosting, digital marketing tools, content generation, integrations, and related support.

The specific Services, subscription tier, usage limits, fees, implementation responsibilities, and subscription term applicable to a customer may be stated in an Order Form or other written agreement.

We may improve, update, or modify the Services over time. We will not materially reduce the overall functionality of a paid subscription during its current term except when reasonably necessary for security, legal compliance, third-party service changes, or the prevention of harm.

Accounts and Authorized Users

You must provide accurate, current, and complete account information. You are responsible for maintaining the confidentiality of account credentials and for all activity that occurs through your account.

Business customers may authorize their employees, contractors, and agents to use the Services as authorized users. The customer is responsible for its authorized users’ compliance with these Terms and any applicable customer agreement.

You may not share credentials with an unauthorized person or allow another person to impersonate you. You must promptly notify Encapsa AI at legal@encapsa.ai if you suspect unauthorized access, credential compromise, or misuse of your account.

Acceptable Use

You may use the Services only for lawful business purposes and in accordance with these Terms, applicable documentation, and any customer agreement.

You may not, directly or indirectly:

• Use the Services in violation of any applicable law, regulation, contractual obligation, or third-party right.
• Submit, generate, store, publish, or transmit unlawful, fraudulent, deceptive, defamatory, infringing, abusive, malicious, or harmful material.
• Use the Services to distribute malware, malicious code, unsolicited communications, or content intended to disrupt or compromise another system.
• Interfere with, disrupt, disable, overload, or impair the integrity, security, availability, or performance of the Services.
• Attempt to gain unauthorized access to an account, system, network, model, dataset, or portion of the Services.
• Bypass, disable, or circumvent access controls, usage limits, security controls, moderation systems, or technical restrictions.
• Reverse engineer, decompile, disassemble, copy, translate, or attempt to discover the source code, models, prompts, workflows, or underlying components of the Services, except where a restriction is prohibited by law.
• Use the Services or their outputs to build, train, or improve a competing product or service.
• Access the Services to benchmark them against a competing product without Encapsa AI’s prior written permission.
• Sublicense, resell, rent, lease, distribute, or make the Services available to third parties except as expressly authorized in writing.
• Misrepresent the source, accuracy, authorship, or human review of AI-generated content.
• Use the Services to make a fully automated decision that produces a legal or similarly significant effect on an individual without appropriate human review.

Customer Data and Content

“Customer Data” means data, content, materials, documents, records, prompts, files, media, instructions, and other information submitted to the Services by or on behalf of a customer or its authorized users, including information obtained from customer-selected connected systems.

As between you and Encapsa AI, you retain ownership of your Customer Data. You grant Encapsa AI a limited, non-exclusive right to host, copy, transmit, retrieve, transform, display, and otherwise process Customer Data only as reasonably necessary to provide, secure, support, and maintain the Services and fulfill your instructions.

You are responsible for the accuracy, quality, legality, and appropriateness of Customer Data. You represent and warrant that you have all rights, licenses, permissions, notices, and consents necessary to provide Customer Data and authorize its processing through the Services.

You may not submit protected health information unless you have executed a Business Associate Agreement with Encapsa AI. You may not submit other regulated or sensitive information unless its processing is authorized by an applicable written agreement and you have satisfied all applicable legal requirements.

AI Features and Outputs

The Services may use machine learning models, large language models, retrieval systems, and other artificial intelligence technologies to generate, summarize, classify, extract, recommend, or transform content and information.

Encapsa AI is an AI application and orchestration layer and does not currently train or fine-tune generative foundation models. Customer Data and generated outputs are not used to train, fine-tune, or improve shared or general-purpose AI models, whether operated by Encapsa AI or a third party.

AI-generated outputs are probabilistic and may be inaccurate, incomplete, misleading, offensive, or non-unique. You are responsible for evaluating outputs for accuracy, suitability, lawfulness, and fitness for your intended use.

You must ensure appropriate human review before relying on an output for any legal, financial, medical, insurance, safety, employment, academic, eligibility, or similarly consequential decision. Outputs are provided to assist, not replace, professional judgment.

Outputs do not constitute legal, medical, financial, insurance, accounting, or other professional advice. You are responsible for obtaining advice from a qualified professional when appropriate.

As between you and Encapsa AI, and to the extent permitted by applicable law, you own outputs generated specifically from your Customer Data and instructions. Because AI systems may produce similar content for different users, outputs may not be unique and Encapsa AI does not guarantee that an output is eligible for intellectual-property protection.

Third-Party Services

The Services may integrate with third-party applications, databases, APIs, model providers, payment processors, communication systems, and other services selected or authorized by you.

Your use of a third-party service may be governed by that provider’s separate terms and privacy practices. Encapsa AI is not responsible for the independent acts, omissions, availability, security, content, or practices of a third-party service that you choose to use.

Encapsa AI may use subprocessors to provide portions of the Services. Subprocessor use and Customer Data protections are further described in our Privacy Policy and applicable customer agreements.

Fees and Subscriptions

Fees, subscription terms, usage allowances, payment schedules, renewal terms, and applicable taxes are stated in the applicable Order Form, checkout process, or written customer agreement.

Unless an applicable written agreement states otherwise, fees are non-cancelable and non-refundable, except where a refund is required by law. You are responsible for all applicable taxes other than taxes based on Encapsa AI’s net income.

Payments may be processed through third-party payment providers, currently including Stripe and Bill.com. You authorize Encapsa AI and its payment providers to process amounts due using the approved payment method.

If undisputed amounts are overdue, Encapsa AI may suspend paid Services after providing any notice required by the applicable customer agreement or law. Suspension does not eliminate your obligation to pay amounts properly due.

Encapsa AI Intellectual Property

Encapsa AI and its licensors own the Services and all related software, technology, workflows, templates, models, interfaces, designs, documentation, trademarks, service marks, and other intellectual property, including all modifications and improvements.

Subject to these Terms and payment of applicable fees, Encapsa AI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services during the applicable subscription term for your internal business purposes.

No rights are granted except those expressly stated in these Terms or an applicable written agreement. You may not remove or alter proprietary notices displayed through the Services.

Feedback

If you provide suggestions, ideas, recommendations, or other feedback concerning the Services, you grant Encapsa AI a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate that feedback without restriction or obligation to you.

This feedback license does not authorize Encapsa AI to identify you publicly or disclose your confidential information.

Privacy and Data Protection

Our Privacy Policy explains how Encapsa AI collects, uses, discloses, retains, and protects personal information.

When Encapsa AI processes Customer Data on behalf of a business customer, the applicable customer agreement and data processing terms govern that processing. Customers are responsible for providing required notices and obtaining required permissions and consents from individuals whose information they submit to the Services.

Suspension

Encapsa AI may temporarily suspend access to all or part of the Services if:

• Your account or use poses a security risk to the Services, another customer, or a third party.
• You materially violate these Terms, an applicable customer agreement, or the acceptable-use restrictions.
• Undisputed fees remain overdue after required notice.
• Suspension is required to comply with applicable law or a valid governmental request.
• A third-party provider suspends or terminates a service required to provide the affected functionality.

Where practicable, Encapsa AI will provide advance notice, limit the suspension to what is reasonably necessary, and restore access after the cause of suspension has been resolved.

Term and Termination

These Terms begin when you first access or use the Services and continue until your access ends or these Terms are terminated.

You may stop using the public website at any time. Paid subscriptions may be canceled, terminated, or allowed to expire only as provided in the applicable Order Form or customer agreement.

Encapsa AI may terminate or restrict access if you materially breach these Terms and fail to cure the breach within a reasonable period after notice, if the breach cannot reasonably be cured, if continued access creates a security or legal risk, or if required by law.

Upon termination, your right to use the Services ends. Provisions that by their nature should survive termination will survive, including provisions concerning ownership, fees owed, confidentiality, disclaimers, indemnification, limitations of liability, dispute resolution, and general legal terms.

Customer Data export, return, retention, and deletion following termination are governed by the applicable customer agreement and Encapsa AI Privacy Policy.

Disclaimers

Except for any express warranties contained in a written agreement signed by Encapsa AI, the Services and all outputs are provided “as is” and “as available.”

To the maximum extent permitted by law, Encapsa AI disclaims all express, implied, statutory, and other warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, and uninterrupted or error-free operation.

Encapsa AI does not warrant that the Services will meet every requirement, that all defects will be corrected, that the Services will be free from harmful components, or that AI-generated outputs will be accurate, complete, current, unique, or suitable for a particular use.

Some jurisdictions do not allow certain warranty disclaimers. In those jurisdictions, the disclaimers apply only to the extent permitted by law.

Indemnification

To the extent permitted by law and except where a signed customer agreement states otherwise, you will defend, indemnify, and hold harmless Encapsa AI, its affiliates, and their officers, directors, employees, and agents from third-party claims, damages, judgments, losses, liabilities, costs, and reasonable attorneys’ fees arising from or relating to:

• Your Customer Data, content, or instructions.
• Your violation of these Terms or applicable law.
• Your infringement or misappropriation of another person’s rights.
• Your misuse of the Services or an AI-generated output.

Encapsa AI will provide prompt notice of an indemnified claim, allow you to control its defense and settlement, and provide reasonable cooperation. You may not settle a claim in a manner that admits fault by Encapsa AI or imposes an obligation on Encapsa AI without our prior written consent.

Limitation of Liability

To the maximum extent permitted by law and except where a signed customer agreement states otherwise, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, business opportunities, or data, even if advised that such damages were possible.

To the maximum extent permitted by law and except where a signed customer agreement states otherwise, Encapsa AI’s total aggregate liability arising out of or relating to the Services or these Terms will not exceed the fees paid or payable by you to Encapsa AI for the affected Services during the 12 months immediately preceding the first event giving rise to liability.

For use of the public website where no fees were paid, Encapsa AI’s total aggregate liability will not exceed one hundred U.S. dollars.

The exclusions and limitations in this section do not apply to liability that cannot lawfully be excluded or limited. A signed customer agreement may establish different liability limits for the applicable customer.

Governing Law and Venue

These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-law rules.

Any dispute arising out of or relating to these Terms or the Services must be brought exclusively in the state or federal courts located in Maricopa County, Arizona. You and Encapsa AI consent to the personal jurisdiction and venue of those courts.

A signed agreement with a governmental or public-institution customer may establish different governing-law or venue terms where required by that customer’s enabling statutes or applicable law.

General Terms

Assignment

You may not assign or transfer these Terms without Encapsa AI’s prior written consent. Encapsa AI may assign these Terms to an affiliate or successor in connection with a merger, reorganization, financing, or sale of all or substantially all of its business or assets.

Force Majeure

Neither party is liable for a delay or failure caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, internet failures, utility failures, or failures of essential third-party infrastructure. This provision does not excuse payment obligations.

Independent Contractors

The parties are independent contractors. These Terms do not create a partnership, joint venture, employment relationship, fiduciary relationship, franchise, or agency.

No Third-Party Beneficiaries

These Terms do not create rights enforceable by any third party.

Waiver and Severability

A failure to enforce a provision is not a waiver. If any provision is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in effect.

Entire Agreement

These Terms, the Privacy Policy, and any applicable written customer agreement constitute the entire agreement concerning their subject matter and supersede prior or contemporaneous discussions concerning that subject matter.

Changes to These Terms

We may update these Terms to reflect changes to the Services, our business practices, or applicable legal requirements. When we update these Terms, we will revise the effective date displayed at the beginning of the page.

If a change materially affects a paid customer’s rights or obligations during an active subscription term, we will provide notice where required by applicable law or the customer’s written agreement.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms, except where applicable law requires another form of consent.

Contact Us

For questions about these Terms of Service, contact:

Encapsa AI Inc.

7010 E Chauncey Ln, STE 230

Phoenix, AZ 85054

United States

Email: legal@encapsa.ai