Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and ELU Labs, Inc. ("ELU," "Company," "we," "us," or "our") and govern your access to and use of our website, web application, dashboards, APIs, MCP (Model Context Protocol) server, SDKs, analytics loader, browser extension, and related services (collectively, the "Services"). By accessing or using the Services — or clicking "I agree," accepting a subscription, or using any of our APIs — you agree to these Terms, our Privacy Policy, and any additional terms applicable to specific features.

If you are using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in that case "you" and "your" refer to that entity.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

To use the Services you must:

• Be at least 18 years old or the age of legal majority in your jurisdiction;
• Have the legal capacity to enter into a binding agreement;
• Not be barred from receiving the Services under U.S. or other applicable law (including export-control and sanctions laws);
• Not have been previously suspended or removed from the Services; and
• Provide accurate, current, and complete registration information.

We may, at any time, verify that you meet the eligibility requirements.

3.1 Account creation. To use most of the Services you must create an ELU account and an organization / workspace. You agree to provide accurate information and to keep it current. Each individual user must use their own credentials; sharing login credentials is prohibited.

3.2 Account security. You are responsible for safeguarding your account credentials, API keys, OAuth tokens, personal access tokens, and MCP keys, and for all activity that occurs under your account. You must use a strong password and enable multi-factor authentication where available. Notify us immediately at security@elu.dev if you suspect any unauthorized access.

3.3 Workspace roles. The first user to create a workspace becomes its administrator. Administrators can invite additional members, assign roles, and manage integrations. Administrators are responsible for their members' compliance with these Terms.

3.4 API keys & MCP keys. API keys and MCP keys act as bearer credentials. Treat them as sensitive. Do not embed them in client-side code, public repositories, or anywhere they can be extracted by untrusted parties. Revoke and rotate any key that may have been exposed. We rate-limit and audit API / MCP usage to protect the Services.

3.5 Free trials and beta features. We may offer free trials or early access to beta features. Beta features are provided AS IS, may change or be removed at any time, and may be subject to additional terms presented at sign-up. We may limit, suspend, or terminate free-trial access at our discretion.

ELU is an AI-powered product-intelligence platform. We help software teams understand how people use their product, detect user-experience problems, and ship fixes faster. The Services currently include, without limitation:

• Analytics ingestion — ELU Analytics (our managed analytics pipeline), a "bring your own" integration for third-party analytics (e.g. PostHog), and associated SDKs and an optional Identity Bridge loader;
• Session replay analysis — automated audit of user session recordings, including rrweb-based deep audits, video rendering, and AI-generated narratives and friction classifications;
• Product-journey analysis — funnel, cohort, path, feature-adoption, and traffic-source analyses across your analytics and databases;
• Website and heuristic audits — automated UX, accessibility, form, thumb-zone, and Nielsen-heuristic audits;
• Insights, watches, and recommendations — AI-generated findings with evidence, prioritization, and actionable next steps;
• Pull-request automation — agents that read your connected code repositories and, where you authorize it, open pull requests with proposed fixes;
• Chat and MCP server — conversational access to your workspace data in-product and via external AI tools (Claude Desktop, Cursor, ChatGPT, etc.) through our MCP server;
• Browser extension — an optional Chrome extension for recording user journeys; and
• Notifications — Slack and Google Chat digest delivery of approved findings.

We may add, modify, or discontinue features or entire product areas at any time. We aim to give reasonable advance notice of material removals via in-product notice or email.

You will use the Services only for lawful purposes and in compliance with these Terms. You agree not to:

• Violate any applicable law, regulation, or third-party right (including privacy, publicity, intellectual-property, export-control, and sanctions laws);
• Upload, process, or route through the Services any content or personal data you do not have the right to use, or for which you have not obtained the necessary notices and consents from the individuals concerned;
• Send us, through any channel, data concerning children under 13 (or under 16 in the EEA/UK where applicable), other than strictly in compliance with COPPA, GDPR-K, and similar laws;
• Use the Services to process categories of sensitive data (for example, U.S. health information subject to HIPAA, or special-category data under GDPR) except as permitted by a separate written agreement signed by ELU for such use;
• Interfere with, degrade, probe, scan, reverse engineer, decompile, or attempt to derive the source code of the Services, except to the extent such restrictions are prohibited by law;
• Evade rate limits, authentication, security controls, or metering; share credentials with unauthorized users; or perform security testing without our prior written authorization;
• Use the Services to build a competing product or to benchmark the Services for a competing offering;
• Upload or transmit malware, ransomware, worms, or other malicious code;
• Use our agent or AI features to generate content that is unlawful, defamatory, harassing, discriminatory, fraudulent, or deceptive, or that infringes third-party rights;
• Use our pull-request automation to introduce code you know or have reason to believe is malicious, infringing, or non-compliant with the licenses of the repository's existing code;
• Scrape, crawl, or harvest data from the Services except through APIs we expressly authorize; and
• Resell, sublicense, or white-label the Services without a separate written agreement.

Violations may result in immediate suspension or termination without refund, and in appropriate cases referral to law enforcement.

6.1 Authorization. By connecting an integration (analytics provider, database, GitHub repository, messaging platform, etc.) and providing the relevant credentials, you authorize us to access and process data from that system as reasonably necessary to provide the Services to you. You can revoke a connection at any time in your workspace settings; we will stop new reads through that integration within a commercially reasonable period of the revocation.

6.2 Your data; your responsibility. You retain all rights to the data you route through the Services ("Customer Data"). You represent and warrant that you have all rights, permissions, notices, and consents necessary to make the Customer Data available to us and to allow us to process it under these Terms and our Privacy Policy.

6.3 Code access and pull requests. If you connect a code repository (for example, via GitHub) and enable the pull-request feature, you authorize us to read the repository contents you grant access to, to run agents against that code, and to open pull requests on branches we create. We never merge code on your behalf. You are solely responsible for reviewing, approving, or rejecting any pull request or patch we generate, for ensuring it complies with the repository's licenses and your policies, and for any consequences of merging it.

6.4 Session replay recordings. When you enable session replay through ELU Analytics or a BYO provider, recordings may contain sensitive content entered by End Users. You are responsible for configuring redaction, sampling, and retention appropriate to your jurisdiction and use case, and for providing the notices and, where applicable, consents required by law.

6.5 DPA. To the extent you use the Services to process personal data of EU / UK / Swiss / California / other protected data subjects, our Data Processing Agreement (including the EU Standard Contractual Clauses and the UK International Data Transfer Addendum) governs that processing. A copy is available from privacy@elu.dev.

6.6 Usage data. We may collect and use aggregated, de-identified telemetry and usage data about the Services (for example, latency, error rates, feature uptake) to operate, secure, and improve the Services. Such data does not include Customer Data or End-User personal data.

7.1 How ELU uses AI. The Services use large language models and other machine-learning systems from providers including Anthropic, OpenAI, and Google to generate insights, narratives, recommendations, answers to chat questions, and code changes.

7.2 No training on your data. Our AI subprocessors are contractually prohibited from training their foundation models on data we send through their APIs, and we do not train our own production models on Customer Data or End-User personal data.

7.3 As-is nature of AI outputs. AI outputs are probabilistic. They may contain mistakes, hallucinations, bias, or content that is outdated or irrelevant to your context. AI outputs are provided AS IS and without warranty. You are solely responsible for reviewing AI-generated output before acting on it, sharing it, merging it, or sending it to your End Users or customers.

7.4 Prohibited AI uses. You will not use the AI features to generate content that is misleading, defamatory, harassing, discriminatory, sexually explicit involving minors, or otherwise unlawful; to impersonate another person without authorization; to create deepfakes or deceptive media; or to evade AI-safety, content, or compliance controls.

7.5 Your content rights in AI output. As between you and ELU, and to the extent permitted by law, you own the specific insights, narratives, recommendations, and code patches that the Services generate from your Customer Data for your workspace. We retain rights in the underlying Services, models, tooling, prompts, pipelines, and any aggregated or de-identified metrics derived from operating the Services.

8.1 Scopes and quotas. API keys and MCP keys are issued with defined read-only scopes (e.g. read:insights, read:recommendations, read:journeys, read:replays, chat:sessions). Each key is subject to daily and monthly request and token quotas. Exceeding your quota may cause requests to fail until the quota resets or you upgrade your plan.

8.2 Client responsibilities. If you build or distribute an application, workflow, or AI agent that calls our APIs or MCP server on behalf of users, you are responsible for: (a) describing to those users how their data will be processed; (b) maintaining an appropriate privacy policy; (c) securing your stored keys; and (d) complying with these Terms.

8.3 No reverse-engineering of underlying models. You will not use the API / MCP surface to reconstruct, extract, or reproduce our underlying prompts, model weights, or proprietary pipelines.

The ELU Journey Recorder browser extension is provided to help Customer users record product journeys for their own workspace. Additional terms for the extension:

• The extension captures data only while a user has explicitly started a recording. Passwords and fields marked sensitive are redacted locally in the browser before leaving the device.
• You may install and use the extension only in conjunction with an active ELU workspace that you are authorized to use.
• You will not use the extension to record content on websites or properties you do not own or have permission to record, and you will comply with all applicable laws (including wiretap, recording-consent, and privacy laws) in the jurisdictions where you operate.
• The extension is distributed subject to the Chrome Web Store Developer Program Policies, including the Limited Use requirements. Use inconsistent with those policies is prohibited.

10.1 Fees and plans. You agree to pay the fees for the plan you select, as shown on the pricing page or in your order form. Fees are denominated in U.S. dollars unless otherwise stated. Your plan defines the included quotas (for example, events ingested, replays analyzed, AI tokens, MCP calls) and the overage rates applicable if you exceed them.

10.2 Billing and auto-renewal. Subscriptions are billed in advance on the stated monthly or annual cadence and renew automatically for successive periods until cancelled. You authorize us and our payment processor to charge your payment method for all applicable fees and taxes on the renewal date. If your payment method fails, we may suspend the Services until payment is received.

10.3 Overages. If you exceed the quotas included in your plan, you agree to pay overage fees at the rates specified in your plan or order form. We will attempt to notify you as you approach your quotas.

10.4 Taxes. Fees are exclusive of taxes. You are responsible for all sales, use, VAT, GST, and similar taxes, excluding taxes based on our net income.

10.5 Refunds and cancellations. Except as expressly stated in these Terms or required by applicable law, fees are non-refundable. You may cancel a subscription from your workspace settings; the cancellation takes effect at the end of the current billing period.

10.6 Price changes. We may change fees from time to time. Changes to recurring fees take effect no earlier than the start of your next renewal term, and we will notify you in advance.

10.7 Late payment. Overdue amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. You will reimburse reasonable costs of collection.

11.1 Our IP. The Services, including the software, agent pipelines, prompts, models, workflows, documentation, user interface, designs, and any improvements, are and will remain the exclusive property of ELU Labs, Inc. and its licensors, protected by copyright, trademark, and other intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services in accordance with these Terms during your subscription.

11.2 Your content. You retain all rights in Customer Data and in specific outputs generated for your workspace, subject to Section 7.5. You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display, and analyze Customer Data solely to provide and improve the Services and to comply with legal obligations.

11.3 Feedback. If you send us suggestions, ideas, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it without obligation to you.

11.4 Trademarks. "ELU," the ELU logo, and the product names and taglines used on this site are trademarks of ELU Labs, Inc.. You may not use our trademarks without our prior written consent, except in accordance with our brand guidelines where published.

11.5 DMCA / notice of infringement. If you believe content on the Services infringes your copyright, send a notice to legal@elu.dev identifying the work, the allegedly infringing material, your contact info, and the statements required by 17 U.S.C. § 512(c)(3).

Our collection, use, and sharing of personal data is described in our Privacy Policy, which is incorporated into these Terms. When you use the Services to process personal data of your End Users, you act as the data controller (or business) and ELU acts as the data processor (or service provider). The roles, obligations, and international-transfer safeguards for that relationship are set out in our Data Processing Agreement, available at privacy@elu.dev.

You are responsible for: (a) providing End Users with any legally required privacy notices; (b) obtaining the consents required for your use of the Services (including for session replay, cookies, and behavioral analytics where applicable); and (c) honoring End-User privacy rights. We will reasonably assist you in responding to verified End-User requests.

The Services may integrate with, link to, or interoperate with third-party services (for example, analytics providers, cloud platforms, code hosts, messaging platforms, identity providers, and AI model providers). Those services are provided by third parties under their own terms and privacy policies. We are not responsible for their availability, content, or practices. Your use of a third-party service is at your own risk and subject to that provider's terms.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELU LABS, INC. AND ITS LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT;
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS;
• WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY INSIGHT, RECOMMENDATION, NARRATIVE, METRIC, PULL REQUEST, OR OTHER AI-GENERATED OUTPUT;
• WARRANTIES THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR ACHIEVE ANY PARTICULAR BUSINESS RESULT; AND
• WARRANTIES REGARDING DELIVERABILITY, SENDER REPUTATION, ANALYTICS COMPLETENESS, OR UPTIME OF ANY CONNECTED THIRD-PARTY SERVICE.

Some jurisdictions do not allow the exclusion of certain warranties; those exclusions apply only to the extent permitted by law.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ELU LABS, INC., ITS AFFILIATES, OR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOST PROFITS, LOST REVENUE, LOST DATA, LOST GOODWILL, OR LOST BUSINESS OPPORTUNITIES;
• COST OF PROCUREMENT OF SUBSTITUTE SERVICES;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES ARISING FROM AI-GENERATED OUTPUTS, AUTOMATED CODE CHANGES, OR RELIANCE ON AUTOMATED RECOMMENDATIONS; OR
• DAMAGES ARISING FROM ANY THIRD-PARTY SERVICE, INCLUDING DELIVERABILITY ISSUES, BLACKLISTING, OR OUTAGES OF ANY CONNECTED INTEGRATION.

IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO ELU IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

You agree to defend, indemnify, and hold harmless ELU Labs, Inc., its affiliates, and their respective directors, officers, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services;
• Your Customer Data, including any allegation that it infringes or misappropriates any third-party right or violates applicable law;
• Your breach of these Terms, including the Acceptable Use Policy, the integrations section, or your representations regarding consents and notices;
• Any code, merge, deployment, communication, or other action you take based on AI-generated output from the Services;
• Your failure to comply with applicable laws in operating your product; and
• Any dispute between you and an End User or a third party connected to your use of the Services.

We may assume exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with our defense of the claim. You will not settle any such claim without our prior written consent.

17.1 By you. You may terminate your account at any time from workspace settings or by emailing support@elu.dev. Termination takes effect at the end of your then-current billing period unless otherwise required by law.

17.2 By us. We may suspend or terminate your access to the Services immediately, with or without notice, if we reasonably believe you have violated these Terms, if required by law or a governmental request, to prevent harm, fraud, or abuse, for non-payment of fees, or if your account is inactive for an extended period. Where a violation is curable, we will use commercially reasonable efforts to notify you before suspension.

17.3 Effect. On termination, your right to use the Services ceases. We may delete Customer Data after a reasonable wind-down period. The following sections survive termination: Sections 3.4, 5, 6.2, 6.3, 6.6, 7.3, 11, 12, 14, 15, 16, 18, 19, and any other provision that by its nature should survive.

17.4 Data export. You are responsible for exporting any Customer Data you wish to retain before termination. We will make reasonable efforts to provide an export window of up to thirty (30) days following termination, but we are not obligated to retain data longer than necessary to provide the Services.

18.1 Governing law. These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflicts-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

18.2 Informal resolution. Before filing any claim, you agree to send written notice of the dispute to legal@elu.dev and attempt in good faith to resolve it informally for at least thirty (30) days.

18.3 Binding arbitration. If the dispute is not resolved informally, you and ELU agree that any dispute, controversy, or claim arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be seated in Delaware, or, at your election if you are a U.S. consumer, in your county of residence, and conducted in English. Judgment on the award may be entered in any court of competent jurisdiction.

18.4 Class-action waiver. YOU AND ELU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING.

18.5 Exceptions. Notwithstanding the above, either party may (a) bring an individual action in small-claims court where jurisdiction is proper, and (b) seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual-property rights.

18.6 Opt-out of arbitration. You may opt out of the arbitration agreement by sending a signed written notice to legal@elu.dev within thirty (30) days of first accepting these Terms. Opting out does not affect any other part of these Terms.

We may update these Terms from time to time. If we make material changes, we will post the updated Terms on our website and notify you by email or in-product notice at least thirty (30) days before they take effect, unless a shorter period is required to respond to legal, regulatory, or security obligations. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Services and may terminate your account.

20.1 Entire agreement. These Terms, together with our Privacy Policy, DPA (when applicable), and any order form or supplemental terms we agree to in writing, constitute the entire agreement between you and ELU Labs, Inc. regarding the Services and supersede all prior and contemporaneous agreements on the subject.

20.2 Severability. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to be enforceable.

20.3 No waiver. Our failure to enforce any provision is not a waiver of that or any other provision.

20.4 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

20.5 Force majeure. Neither party is liable for failures or delays caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, pandemics, labor actions, utility outages, or failures of third-party networks or service providers.

20.6 Notices. We may send notices by email to the address associated with your account or by posting in-product. You may send notices to us at legal@elu.dev.

20.7 Export and sanctions compliance. You will comply with all applicable U.S. and foreign export-control and sanctions laws. You represent that you are not located in, and will not use the Services from, any country or region subject to comprehensive U.S. sanctions, and that you are not on any U.S. government restricted-party list.

20.8 Government users. The Services are "commercial items" as that term is defined at 48 C.F.R. § 2.101 and are licensed to U.S. government end users with only those rights granted to all other end users under these Terms.

20.9 Independent contractors. The parties are independent contractors. These Terms do not create any partnership, joint venture, employment, or agency relationship.

20.10 Headings. Section headings are for convenience and do not affect interpretation.

Questions about these Terms? Reach us at:

• Legal: legal@elu.dev
• Privacy: privacy@elu.dev
• Security: security@elu.dev
• Support: support@elu.dev
• Company: ELU Labs, Inc., United States