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 support@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 Credentials. Private API keys, MCP keys, integration secrets, and access tokens are sensitive bearer credentials. Do not expose them in browser code or public repositories; revoke and rotate them if compromised. Public analytics site keys and installation identifiers are designed for inclusion in your product and do not grant private management access. We rate-limit and monitor API and MCP usage.

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 helps teams understand how people use their software, identify friction, investigate causes, and take action. Available features depend on your plan, integrations, permissions, and configuration. They include:

• Analytics and session intelligence. Collect events and session recordings through ELU Analytics, or connect supported analytics providers such as PostHog and Amplitude. Analyze recordings, selected replay frames, funnels, cohorts, feature usage, and behavioral patterns.
• Insights and investigations. Review findings and supporting evidence, investigate product questions through chat, and monitor changes in product behavior.
• Agents and reporting. Configure recurring or on-demand investigations, summaries, alerts, and reports using connected workspace data.
• Code and workflow tools. Connect repositories to investigate relevant code and request proposed fixes or pull requests. Connect supported issue trackers and messaging tools to create tickets or deliver findings and notifications.
• APIs, MCP, and browser tools. Access supported features from authorized clients, install the analytics loader, or record product journeys with the browser extension.

Data availability, sampling, provider limitations, configuration, and model behavior affect results. ELU does not guarantee that it will observe every session, detect every issue, or produce a particular business outcome. We may add, modify, or discontinue features and aim to give reasonable advance notice of material removals.

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 a service or enabling a feature, you authorize ELU to access and process the data and perform the operations necessary to provide that feature within the permissions you grant. This can include analytics queries, database reads, repository analysis, notifications, and requested issue-tracker or pull-request actions. Only connect systems you are authorized to use. Disconnecting an integration stops future access through that connection within a commercially reasonable period; it does not by itself delete previously imported data or revoke credentials at the third-party provider.

6.2 Your data; your responsibility. You retain your rights to the data you route through ELU ("Customer Data"). You are responsible for its accuracy, lawful collection, and the rights, notices, and consents needed for ELU to process it. Do not provide credentials with broader access than your intended use requires.

6.3 Code access and pull requests. When you enable repository access and request a fix, you authorize us to read the permitted repository contents and create proposed changes or pull requests. We do not merge code on your behalf. You are responsible for reviewing and testing generated code, checking licenses and security, and deciding whether to merge or deploy it.

6.4 Recording and privacy settings. Analytics, session recordings, screenshots, console or network metadata, and connected data can contain personal or confidential information. Configure available masking, blocking, sampling, consent, and retention controls for your use case. Test these settings before collecting sensitive content; masking cannot guarantee that every sensitive value is removed.

6.5 Data processing terms. Where ELU processes personal data on your behalf, the applicable data processing agreement and your documented instructions govern that processing. Contact support@elu.dev to request data processing terms and information about the transfer safeguards applicable to your deployment.

6.6 Operational information. We use service telemetry, security records, feedback, and quality evaluations to operate, secure, support, and improve ELU as described in the Privacy Policy. Aggregated or de-identified information is information that does not reasonably identify an individual; removing a name alone does not make data anonymous.

7.1 AI and agents. ELU uses AI providers, including Anthropic and OpenAI, to analyze relevant analytics, replay frames, workspace context, code, and other connected information. AI can produce findings, answers, reports, and proposed changes. Agents you configure may run on a schedule and deliver results automatically within their supported capabilities and permissions; not every result passes through a separate approval queue. Review an agent's instructions, recipients, and enabled actions before activating it.

7.2 Model development and your choice. Where permitted by your agreement with ELU and applicable law, we may use Customer Data and outputs generated from it to develop, evaluate, train, and improve ELU models, including through distillation (training a model using outputs from another model). You may opt out of use of your Customer Data for model training or distillation by emailing support@elu.dev. Processing needed to provide the Services remains subject to your agreement and our Privacy Policy.

This permission does not override stricter written agreements or prior commitments not to train on your data. Data collected under a prior no-training commitment remains subject to that commitment unless a change is validly authorized under applicable law and the relevant agreement. Updating these Terms alone does not authorize training on that previously collected 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 Permissions and usage limits. API and MCP access is limited by the scopes, workspace permissions, feature availability, rate limits, and usage allowances applicable to your account. Limits may be shared across a workspace rather than applied separately to each key. Some features also consume AI credits. We may refuse, delay, or limit requests when an allowance is exhausted or a security limit is reached; the relevant plan or workspace information explains how allowances renew.

8.2 Client responsibilities. If you build an application, workflow, or AI agent that calls ELU for others, you are responsible for explaining that processing, obtaining necessary permissions, and protecting private credentials. Authorizing an external MCP or AI client can disclose responses to that client under its own terms. Public analytics installation identifiers are intended for browser use; private management, integration, and MCP credentials are not.

8.3 Permitted access. Use supported endpoints and granted scopes. Do not circumvent metering, quotas, authentication, or tenant boundaries, and do not use the API or MCP surface to reconstruct proprietary model weights or internal 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:

• Journey capture starts when you start a recording and pauses when you pause it. Recorded steps can include page URLs, titles, visible text, element labels, and selectors. Password input values are not included in step descriptions, but this does not guarantee that all sensitive information in page content or metadata is removed. Review recordings before saving or sharing them, and avoid recording sensitive content.
• 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 allowances. You agree to the prices, billing cadence, included usage, and other terms presented at checkout or in your order form. Fees are in U.S. dollars unless stated otherwise. Depending on the plan, allowances may cover session analysis, AI credits, MCP calls, or other features. Trials, promotional offers, and enterprise agreements may have different limits and expiry conditions.

10.2 Billing and renewal. Paid subscriptions renew automatically on the billing cadence you accepted until cancelled. You authorize ELU and its payment processor to charge the applicable subscription fees, authorized purchases, and taxes. Recurring charges are generally billed in advance; any separately agreed usage charges follow the terms disclosed for that purchase. Failed payment may result in restricted or suspended service.

10.3 Exhausted allowances. Features may pause or reject new work when their usage allowance is exhausted. An exhausted AI-credit allowance does not automatically authorize an overage charge. Additional charges apply only when disclosed in an accepted plan, purchase, or order form. Limits for different features are separate, so reaching one limit does not necessarily stop every service.

10.4 Taxes. Fees exclude sales, use, VAT, GST, and similar taxes unless stated otherwise. You are responsible for those taxes, excluding taxes on our net income.

10.5 Cancellation and refunds. You may cancel a paid subscription through workspace billing settings or contact support@elu.dev for assistance. Cancellation normally takes effect at the end of the current billing period. Cancelling a subscription does not automatically delete your account or workspace data. Fees are non-refundable except where an accepted offer, written agreement, these Terms, or applicable law provides otherwise.

10.6 Price changes. Changes to recurring fees take effect no earlier than your next renewal term, with advance notice. Your order form or promotional terms may specify additional conditions.

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, subject to Section 7.2 and any applicable data processing agreement.

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 support@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) to the extent it processes that data on your behalf. The applicable data processing agreement and law govern that relationship. Contact support@elu.dev to request data processing terms and information about applicable international-transfer safeguards.

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 cancel your subscription as described in Section 10.5. To close an account or request deletion of workspace data, contactsupport@elu.dev. Subscription cancellation, account closure, and data deletion are separate actions; applicable retention and legal obligations may continue after paid access ends.

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 support@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 support@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 support@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:

• Contact: support@elu.dev
• Company: ELU Labs, Inc., United States