Terms of Service

The agreement and who it is with#

Ethen is operated by Upcube. The full legal name, place of registration and notice address of the contracting company will be stated here before this document takes effect.

By creating an Account or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

If you use Ethen on behalf of a company or other organization, you confirm that you are authorized to accept these Terms for it, and "you" includes that organization. An Organization may also sign a separate agreement with Upcube. Where it does, that agreement controls for the Organization's use to the extent it conflicts with these Terms.

The following documents form part of these Terms:

• the Acceptable Use Policy;
• the AI Use Policy;
• for the products and features they cover, the Ethen Studio Media, Likeness & Generated Content policy, the Voice Consent Policy policy, the Voice Cloning Policy policy, the Connected Apps & Integrations policy and the Ethen Code & Repository Data document.

Definitions#

The following terms have the same meaning in these Terms and in every Ethen policy.

Eligibility#

The minimum age for creating an Account, and any rules for younger people, will be stated here before this document takes effect.

You may use the Services only if you can form a binding contract and are not barred from receiving them under the laws that apply to you. You may not use the Services if Upcube has previously terminated your access for violating these Terms, unless we agree otherwise in writing.

Your account#

You need an Account to use most of Ethen. You can create one with an email address and password, or by signing in with Google. One Account works across Ethen products that share sign-in.

You agree to:

• provide accurate information and keep it current;
• keep your sign-in credentials secure and not share your Account;
• tell us promptly if you believe your Account has been accessed without permission.

You are responsible for activity that happens under your Account, including actions taken by tools, scripts or people you allow to use it. You can review and end your signed-in sessions in Ethen Chat settings.

Organizations#

Ethen does not yet offer Organization administration features. When it does, an Organization will be able to invite members, manage their access and configure Workspace settings. If you join a Workspace managed by an Organization:

• the Organization's administrators may be able to see, manage, export or delete content in that Workspace;
• your use of that Workspace is also subject to the Organization's own rules;
• the Organization, not Upcube, decides how Workspace content is used, within the limits of its agreement with Upcube.

The Services#

Ethen is a family of AI products. As of the date of these Terms:

• Ethen Chat (chat.upcube.ai) is available to anyone with an Account. It provides AI conversation, artifacts, web search and deep research, and voice.
• Ethen Studio (studio.upcube.ai) is an early-access product for generating and organizing images, video and audio.
• Ethen Platform (platform.upcube.ai) currently offers a waitlist. Its console, connected apps and automation features are not yet available.
• The upcube.ai website publishes product information, documentation, research and model-comparison data.

Ethen Code, connected apps, bring-your-own-key access, local model runtimes and other announced products are not yet available. Where these Terms describe them, the description applies once they are released to you.

Availability, previews and early access#

Ethen is evolving, and some parts of it are offered as previews, betas or early access. These terms mean the feature is still being developed. It may change significantly, be limited to some users, have usage limits, be less reliable than other features, or be withdrawn. Ethen Chat currently applies daily usage limits during its beta period.

Unless we say otherwise in writing:

• preview and early-access features are provided for evaluation and may be changed or discontinued at any time;
• we may limit who can use a preview, how much, and for what;
• data you create in a preview remains subject to the Privacy Policy and the Data Retention Policy, but a preview may not support every export or migration path that a generally available feature would.

We work to keep Ethen available and reliable, but we do not offer an uptime or service-level commitment, and features, models and providers may change over time. When a model Ethen offers is retired by its provider, we may replace it or remove it.

Your content#

You keep the rights you have in your User Content. These Terms do not transfer ownership of your content to Upcube.

You are responsible for your User Content. You confirm that:

• you have the rights, licenses and permissions needed to submit it to Ethen and to have it processed as these Terms describe;
• where your content includes personal data about other people, you have a lawful basis to share it;
• where your content includes someone's image, voice or likeness, you have their consent where the law or our policies require it;
• your content and your use of Ethen comply with the law and the Acceptable Use Policy.

The license you give us to operate Ethen#

To run Ethen for you, Upcube needs permission to handle your User Content. You grant Upcube and the service providers acting for it a worldwide, non-exclusive, royalty-free license to do the following with your User Content, only as needed to provide, secure and support the Services for you and to comply with the law:

• host, store, copy and process it;
• transmit it to the Model Providers and other providers your requests require;
• display it back to you and to anyone you choose to share it with.

This license ends when your User Content is deleted from the Services. It continues only for copies that the Data Retention Policy or the law requires us to keep, and for content you shared with others before deletion. The Privacy Policy describes how we use your content and our position on model training.

Outputs#

How rights in Outputs are allocated between you and Upcube will be stated here before these Terms take effect.

Whatever the allocation of rights, you should understand how Outputs work:

• Outputs are generated by AI models. They may not be unique, and similar or identical Outputs may be generated for other users.
• Outputs come with no clearance. Upcube does not review Outputs for accuracy, originality or infringement before you receive them.
• You are responsible for how you use Outputs. That includes checking whether an Output is accurate and appropriate, and whether you have the rights you need, before you publish, sell or rely on it.

The AI Use Policy sets out how to review Outputs, especially in high-stakes situations.

AI models and providers#

Ethen gives you access to AI models operated by third-party Model Providers, such as Meta, OpenAI, Anthropic, Google and DeepSeek, along with search and media-generation providers. "Faros" is the name Ethen uses for its default conversational experience. It currently runs on Meta's Muse model. Which provider processes a request depends on the product, mode and model you use, as explained in the Privacy Policy.

Because Outputs come from third-party models:

• model behavior, quality, safety settings and availability are set in part by the Model Provider and can change without notice;
• some providers apply their own usage policies, and requests that violate them may be refused;
• Upcube does not control, and is not responsible for, the internal workings of third-party models.

Model assistance and authorized external actions#

Ethen does two different kinds of things, and these Terms treat them differently.

Model assistance is what an AI model produces in response to your request: an answer, a draft, a plan, a suggested command or a proposed change. Model assistance stays inside Ethen until you decide what to do with it. If a model suggests that something should happen in the outside world, such as sending an email, running a command or changing a file, that suggestion is not an instruction to Ethen, and Ethen does not carry it out on that basis alone.

Authorized external actions are actions Ethen performs outside Ethen on your behalf, such as creating a draft in your email account, adding a calendar event, sending a message or writing to a code repository. Ethen performs an external action only when all of the following are true:

• the action is available through a feature designed for it, such as a connected app;
• you have connected the relevant account and granted the permissions the action needs;
• the action passes Ethen's approval rules.

How approvals work depends on the action:

• Reading. Searching or reading information in an app you connected happens as part of your request, without a separate approval step.
• Drafting, creating or changing. Creating a draft or changing a calendar event asks for your approval each time. For some lower-risk actions you can grant a standing approval, for a limited period, which lets them run without asking again.
• Sending or publishing. Sending email or posting a message always asks for your approval and cannot be pre-approved.

When you approve an action, you are instructing Upcube to carry it out, and you are responsible for that instruction and its results. Actions in third-party services may be impossible to undo. Read the approval details carefully, including the recipients, content and account involved. Connected Apps & Integrations describes the permissions and approval rules for each service.

Ethen does not currently offer unattended automation, in which actions run on a schedule or in response to outside events without your participation. If it does in the future, the conditions will be described before the feature becomes available to you.

Connected services#

When connected apps become available, you will be able to authorize Ethen to access services such as Gmail, Google Drive and Google Calendar. When you connect a service:

• you authorize Ethen to access it within the permissions you approve on the service's own consent screen;
• your use of that service remains governed by your agreement with its provider;
• you can disconnect at any time, which stops Ethen's access as described in Connected Apps & Integrations;
• Upcube is not responsible for the availability, accuracy or behavior of the connected service itself.

Bring your own key#

Bring-your-own-key access is not currently available. If it becomes available and you use it:

• your use of the Model Provider will also be governed by your own agreement with that provider, and the provider will bill you directly for that usage;
• you will be responsible for keeping your key valid and secure, and for revoking it if it is exposed;
• Ethen will still process your requests and store your conversations as described in the Privacy Policy and the BYOK Data Handling document.

Ethen Code, local software and sandboxed execution#

Ethen Code is not yet available. When it is released, it will include software that runs on your computer, a local runtime that can execute commands and edit files, cloud execution in isolated environments, and optional access to code repositories. When you use these features:

• you are responsible for the commands, edits and repository actions you approve, and for the security of the computer and repositories you connect;
• actions that write to a remote repository, such as pushing a branch, opening a pull request or merging, will require your authorization as described in Ethen Code & Repository Data;
• you should review generated code before running or deploying it, as the AI Use Policy explains;
• any downloadable Ethen software will be provided under these Terms and any additional license terms shown at download.

Ethen Studio and generated media#

Ethen Studio generates images, video and audio from your prompts and reference media. Your use of Studio is subject to the Ethen Studio Media, Likeness & Generated Content policy. In particular, you must not upload or generate media depicting a real person's likeness or voice without the permissions that policy requires. You must not use Studio to create sexual content involving real people without their consent, content involving minors in any sexual context, or synthetic media designed to deceive people about what a real person said or did.

Voice features#

Ethen Chat lets you talk to Ethen using your microphone. Voice features are subject to the Voice Consent Policy policy. You are responsible for getting appropriate permission before your use of voice features captures other people. Creating or using a synthetic copy of a real person's voice is subject to the Voice Cloning Policy policy.

Acceptable use#

You must follow the Acceptable Use Policy, which forms part of these Terms. It prohibits, among other things:

• illegal activity;
• abuse and harassment;
• deceptive or non-consensual synthetic media;
• unauthorized security testing;
• attempts to circumvent Ethen's safeguards or usage limits.

We may investigate suspected violations and take the enforcement actions it describes.

Limits of AI output#

AI models make mistakes. Outputs can be wrong, incomplete, outdated, biased or inappropriate, even when they sound confident. Sources and citations from research features can be misread or misattributed. Generated code can contain bugs or security flaws.

Ethen is not a substitute for professional advice. Do not rely on Outputs as legal, medical, financial, tax, engineering, safety or other professional advice. Do not use Ethen to make decisions that significantly affect a person's legal rights, employment, credit, housing, insurance, education or access to essential services without appropriate human review and any approvals the law requires. The AI Use Policy explains how to use Ethen responsibly in these settings.

Your responsibilities#

In addition to the responsibilities described elsewhere in these Terms, you agree that you will:

• use the Services only as permitted by these Terms and the law;
• review Outputs and approved actions with the care their consequences call for;
• keep your Account and any connected accounts secure;
• respect the rights and privacy of others in the content you submit and the media you create;
• not interfere with or disrupt the Services, or attempt to access them in ways we do not provide.

Upcube's intellectual property#

Upcube and its licensors own the Services, including the Ethen and Upcube names and logos, the software, the website content and the design of the Services. These Terms do not grant you any rights in them except the limited right to use the Services under these Terms.

You must not, and must not help anyone else to:

• copy, modify or create derivative works of the Services, except as the law expressly permits;
• reverse engineer or attempt to extract source code, model weights or non-public information from the Services, except as the law expressly permits;
• scrape, crawl or extract data from the Services through automated means we do not provide;
• resell, sublicense or provide access to the Services to others except as Upcube allows;
• remove or obscure proprietary notices;
• use the Ethen or Upcube names or logos in a way that suggests endorsement without our written permission.

Content published on the upcube.ai website, including research, documentation and model-comparison data, may carry its own license terms where stated.

Third-party services and content#

The Services include and link to third-party services and content: Model Providers, search results, websites cited in research, connected apps and the platforms that host Ethen. Upcube does not control third-party services and is not responsible for their content, availability or practices. Your use of a third-party service may be governed by its own terms.

Fees and billing#

Ethen does not currently charge for use.

Upcube has not yet set the commercial terms for paid plans. Before any paid plan is offered, the price, billing interval, renewal, cancellation and refund rules will be stated here and shown at checkout.

If you use your own account with a Model Provider or other third party in connection with Ethen, that provider may charge you directly under its own terms. Those charges are separate from anything Upcube charges.

Subscriptions, cancellation and refunds#

Ethen does not currently offer paid subscriptions. If paid plans are introduced, renewal, cancellation and refund terms will be stated at checkout and in the Refund & Cancellation Policy, which forms part of these Terms for paid purchases. Nothing in these Terms limits refund or cancellation rights that the law gives you and that cannot be waived.

Suspension and termination#

You can stop using Ethen at any time. You can delete individual conversations and Studio items, and you can delete your Account in Ethen Chat settings. The Privacy Policy explains exactly what account deletion removes today.

We may suspend or restrict your access to all or part of the Services if we reasonably believe that:

• you have violated these Terms or the Acceptable Use Policy;
• your use creates a security, legal or safety risk for Upcube, other users or third parties;
• we are required to do so by law;
• your Account has been compromised.

Where practical and lawful, we will tell you why, and give you a chance to respond, before or soon after we act.

We may terminate your access for serious or repeated violations, or when continuing to provide the Services to you would be unlawful. We may also discontinue a feature or product. Where we discontinue a product you actively use, we will try to give reasonable notice and a way to export your content where the product supports export.

When your access ends, your right to use the Services ends. Your content is then handled under the Data Retention Policy.

Changes to the Services and to these Terms#

We may change the Services, including by adding, changing or removing features, models and providers.

We may update these Terms. We will post updated Terms on this page with a new version number and date, and keep earlier versions in the version history. How Upcube will notify you of material changes, and how much notice it will give before they apply, will be stated here before this document takes effect. If you continue to use the Services after updated Terms take effect, the updated Terms apply. If you do not agree to them, stop using the Services.

Disclaimers#

The warranty terms for the Services, including any disclaimers and the rights that consumer law preserves for you, will be stated here before these Terms take effect.

Whatever form those terms take, Upcube does not promise that Outputs will be accurate, complete or suitable for a particular purpose; that the Services will be uninterrupted or error-free; or that any particular model or provider will remain available. Ethen does not hold security or compliance certifications, and the Services are not designed to meet the requirements of any specific regulatory regime unless Upcube agrees to that in writing.

Limitation of liability#

Any limits on either party's liability will be stated here before these Terms take effect.

Indemnity#

Any indemnity obligations will be stated here before these Terms take effect.

Governing law and disputes#

The law that governs these Terms and the courts or forum for disputes will be stated here before these Terms take effect.

Any process for resolving disputes, including whether disputes must first be raised informally, will be stated here before these Terms take effect. Nothing in this draft requires arbitration or waives the right to bring a claim in court.

If you have a concern about Ethen, contact us first through the contact options in the Legal & Trust Center so we can try to resolve it.

General terms#

General contract terms, including survival, assignment, export controls and sanctions, severability and the order of precedence between documents, will be stated here before these Terms take effect.

Notices#

We may send notices about these Terms or your Account to the email address associated with your Account, or show them in the Services. You can send legal notices to Upcube through the contact options in the Legal & Trust Center.

How to contact us#

Questions about these Terms can be sent through the contact options in the Legal & Trust Center. For privacy questions, see the Privacy Policy.