Elumen Terms of Service (Beta)
These Terms of Service ("Terms") are an agreement between you and Elumenate, LLC, a Delaware limited liability company, d/b/a Elumen AI ("Elumen"), and govern your access to and use of the Elumen service during its invitation-only private beta (the "Service"). By accessing or using the Service, you agree to these Terms.
1) Order of precedence
If you or your organization has entered into a separate signed agreement with Elumen — including a pilot or engagement agreement, a data processing agreement, or a non-disclosure agreement — that agreement controls over these Terms to the extent of any conflict. These Terms govern beta access where no such agreement applies.
2) Beta status
Elumen is an early-stage system provided for product evaluation. Features may change, break, or be removed at any time, and we may suspend or discontinue the Service in whole or in part, with or without notice. Access is invitation-only and may be revoked at any time.
3) The Service; no professional advice
Elumen analyzes organizational communication under consulting engagements: it ingests a communication corpus prepared and supplied for an engagement, surfaces patterns at the group level, and produces diagnostic material that the professionals running the engagement reason from. The Service produces analysis for professional judgment — it does not provide legal, medical, financial, HR, or other professional advice, and you are responsible for reviewing and validating Outputs before relying on them.
The Service's analysis is text-only. It does not use biometric data, and it does not generate outputs that purport to identify or infer an individual's emotional state.
4) Definitions
"Customer" means the organization on whose behalf the Service is used (for engagement use, typically a consulting firm). "User Content" means content you or your organization submit to the Service. "Engagement Data" means organizational communications and related material processed under a consulting engagement, as described in Section 7. "Outputs" means results the Service generates.
5) Accounts
You must provide accurate account information, keep your credentials secure, and you are responsible for activity under your account. If you use the Service on behalf of a Customer, you represent that you have authority to bind that Customer to these Terms.
6) Your content; license to Elumen; feedback
You (or your organization, or its client) retain ownership of User Content. You grant Elumen a limited, non-exclusive license to process User Content solely to provide the Service, generate Outputs, operate and secure the Service, prevent abuse, and comply with law. Elumen may use de-identified, aggregated service data to improve the Service; Elumen does not use User Content or Engagement Data to train machine-learning models, does not pool Engagement Data across customers, and does not sell User Content.
If you provide feedback, suggestions, or ideas about the Service, Elumen may use them without restriction or obligation to you. Feedback does not include User Content or Engagement Data.
7) Engagement Data
When the Service is used in a consulting engagement, the client organization is the data controller, the consulting firm is its processor, and Elumen processes Engagement Data as an authorized subprocessor on documented instructions, solely for the engagement's diagnostic purpose. The operating posture — consultant-side pseudonymization before anything reaches Elumen, group-level reporting with a minimum group size, engagement-scoped deletion with written attestation — is described on the Trust page; binding commitments are set out in the engagement's data processing agreement. Elumen processes Engagement Data as a bounded corpus supplied for the engagement; the Service does not connect to, scan, or continuously monitor any organization's live mailboxes, chat systems, or files.
8) Use restrictions
You agree to use the Service lawfully, and you may not:
- use the Service or Outputs to evaluate, score, profile, or monitor an identified individual, or to make or support employment decisions (hiring, promotion, termination, compensation, discipline) concerning an identified individual — the Service reports findings at group grain, and individual-grain analysis exists only for engagement participants who have individually authorized it in writing;
- attempt to re-identify pseudonymized individuals in Engagement Data or Outputs, or circumvent pseudonymization, group-size, or access controls;
- submit content you do not have the right to submit, or use the Service to violate the privacy, confidentiality, or intellectual-property rights of others;
- interfere with or disrupt the Service or its security; or
- reverse engineer, decompile, or attempt to derive source code from the Service, except to the extent that restriction is prohibited by law.
Violation of the first two restrictions is a material breach and may result in immediate suspension or termination.
9) Operational access
Elumen personnel have no standing access to Engagement Data in production. Support and incident access is break-glass: limited to the minimum data necessary, recorded, and disclosed to the affected Customer. Elumen will not use operational access to evaluate individuals or support workplace decision-making, and Customers may not request that it do so.
10) Intellectual property
Elumen retains all rights, title, and interest in the Service, its underlying technology, and its analytical methods. Customers retain all rights in their own content, frameworks, and methodologies; configuring the Service with a Customer's framework grants Elumen no rights in that framework beyond operating the Service for that Customer. Customers may use Outputs in their internal business and in deliverables to their clients. Any broader or different allocation is set out in a signed agreement (Section 1).
11) Data retention and deletion
Engagement Data is engagement-scoped as described in Section 7. Beta account data may be retained as needed to operate, secure, and debug the Service; you may request deletion at support@elumen.ai, and we will make commercially reasonable efforts to comply subject to legal and operational constraints.
12) Disclaimers
The Service is provided "as is" and "as available." To the fullest extent permitted by law, Elumen disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Outputs may be inaccurate, incomplete, or inappropriate for your context, and you are responsible for reviewing and validating them before use.
13) Limitation of liability
To the fullest extent permitted by law, Elumen will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, revenues, data, or goodwill. Elumen's total liability for any claim will not exceed the greater of (a) the amounts you paid for the Service in the three (3) months preceding the event giving rise to the claim and (b) one hundred US dollars (US $100).
14) Termination; survival
We may suspend or terminate access at any time, including for suspected violation of these Terms; you may stop using the Service at any time. Sections 6, 8, 10, 12, 13, 15, and this sentence survive termination.
15) Governing law; venue
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. The state and federal courts located in Alameda County, California have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and each party consents to personal jurisdiction and venue there.
16) Changes; contact
We may update these Terms as the Service evolves; for material changes we will provide notice, and continued use after the effective date of an update constitutes acceptance. Questions: support@elumen.ai.