Terms of Service

Welcome to Somara. These Terms of Service ("Terms") govern your access to and use of the Somara platform, including our website, applications, and services (collectively, the "Service"). Somara is operated by Flywheel Studio ("we," "our," or "us").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and the organization.

Somara is an AI assistant platform that provides:

• Access to over 120 AI language models from various providers
• Custom AI assistant creation and configuration
• Retrieval-Augmented Generation (RAG) capabilities
• Team collaboration and workspace management features
• Credit-based usage billing

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3.1 Account Creation

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

3.2 Account Eligibility

You must be at least 18 years old to use the Service. By creating an account, you represent that you meet this age requirement.

3.3 Organizations and Workspaces

When you create or join an organization, additional terms may apply regarding access controls, billing, and data management within that organization.

You are solely responsible for:

• All content you input, upload, or generate using the Service ("User Content")
• Ensuring your use complies with applicable laws and regulations
• The actions of anyone who accesses the Service through your account
• Reviewing and complying with the terms of any third-party AI providers you use
• Evaluating the accuracy and appropriateness of AI-generated outputs

You agree NOT to use the Service to:

5.1 Illegal Activities

• Violate any applicable laws, regulations, or third-party rights
• Generate content that is illegal in your jurisdiction
• Facilitate fraud, money laundering, or other financial crimes
• Infringe on intellectual property rights

5.2 Harmful Content

• Generate content that promotes violence, terrorism, or self-harm
• Create child sexual abuse material (CSAM) or content sexualizing minors
• Produce non-consensual intimate imagery
• Generate content intended to harass, bully, or intimidate others
• Create malware, viruses, or other malicious code

5.3 Deceptive Practices

• Impersonate others or misrepresent your affiliation
• Create misleading deepfakes or synthetic media without disclosure
• Generate spam, phishing content, or deceptive communications
• Manipulate or circumvent security measures

5.4 Service Abuse

• Attempt to reverse engineer, decompile, or extract source code
• Use automated systems to access the Service without permission
• Interfere with or disrupt the Service's infrastructure
• Share account credentials or allow unauthorized access
• Resell access to the Service without authorization

We reserve the right to investigate violations and take appropriate action, including account suspension or termination.

Somara provides access to AI models from third-party providers (e.g., OpenAI, Anthropic, Google, and others). By using these models, you acknowledge:

• Each provider has their own terms of service and acceptable use policies
• You are responsible for complying with the provider's terms
• Somara does not control the outputs generated by third-party models
• Provider policies regarding data usage and model training may vary

We encourage you to review the terms and privacy policies of any AI providers you use through our Service.

7.1 Somara's IP

The Service, including its design, features, code, and documentation, is owned by Flywheel Studio and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

7.2 Your Content

You retain ownership of the content you input into the Service. By using the Service, you grant us a limited license to process your content solely to provide and improve the Service.

7.3 AI-Generated Outputs

Ownership of AI-generated content may be subject to the terms of the underlying AI provider. We make no claims to ownership of outputs generated by third-party models. You are responsible for understanding the IP implications of the models you use.

8.1 Credit System

Somara operates on a credit-based system. Credits are consumed when you use AI models, with different models consuming credits at different rates.

8.2 Subscriptions

Subscription plans provide monthly credit allocations. Unused credits do not roll over to the next billing period unless otherwise specified in your plan.

8.3 Purchases and Refunds

• All purchases are processed through Stripe
• Subscription fees are billed in advance on a monthly basis
• Refunds are available within 14 days of purchase for unused credits
• No refunds are provided for consumed credits or after the 14-day period

8.4 Free Tier

Free tier accounts receive a limited monthly credit allocation. We reserve the right to modify free tier benefits at any time.

8.5 Price Changes

We may modify pricing with 30 days' notice. Continued use of the Service after price changes constitutes acceptance of the new pricing.

Enterprise accounts may include additional features:

• Bring Your Own Key (BYOK): Use your own API keys for AI providers
• Single Sign-On (SSO): Integrate with your identity provider
• Advanced Reporting: Enhanced analytics and usage insights
• Custom Agreements: Negotiated terms may supersede these Terms

Enterprise customers should refer to their specific agreement for applicable terms.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• AI outputs will be accurate, complete, or appropriate for any purpose
• The Service will meet your specific requirements
• Any defects or errors will be corrected

AI models may produce inaccurate, biased, or harmful outputs. You assume all risk associated with using AI-generated content.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLYWHEEL STUDIO AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from unauthorized access to your account
• Damages resulting from third-party AI provider actions or outputs
• Damages exceeding the amount you paid us in the 12 months preceding the claim

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

You agree to indemnify, defend, and hold harmless Flywheel Studio and its affiliates from any claims, damages, losses, and expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any third-party rights
• Any actions taken using your account

13.1 Termination by You

You may terminate your account at any time through your account settings or by contacting support. Upon termination:

• Your access to the Service will be revoked
• Your data will be deleted within 30 days, except as required by law
• Unused credits are non-refundable after the 14-day refund period

13.2 Termination by Us

We may suspend or terminate your account at any time for:

• Violation of these Terms or our Acceptable Use Policy
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Extended periods of inactivity
• Any other reason at our discretion

In cases of termination for violations, credits are forfeited and non-refundable.

14.1 Informal Resolution

Before filing a formal dispute, you agree to contact us at hello@somara.ai to attempt to resolve the issue informally.

14.2 Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English.

14.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.

14.4 Exceptions

Either party may seek injunctive relief in court for intellectual property violations or unauthorized access.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

We may modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Updating the "Last updated" date
• Sending an email notification for significant changes

Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Flywheel Studio regarding the Service.

17.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.

17.3 Waiver

Our failure to enforce any provision does not waive our right to enforce it later.

17.4 Assignment

You may not assign your rights under these Terms without our consent. We may assign our rights to any affiliate or successor.

If you have any questions about these Terms of Service, please contact us:

• Legal Inquiries: hello@somara.ai
• General Support: hello@somara.ai