Terms & Conditions

These Terms and Conditions (the “Terms”) form a binding agreement between you (“you”, the “user” or the “Customer”) and Ercole.AI (“Ercole.AI”, “we”, “us” or the “Company”), the operator of the agentic AI platform accessible at app.ercole.ai, through the Ercole.AI mobile applications and through the Ercole.AI Telegram bot (collectively, the “Platform” or the “Service”).

By creating an account, accessing or using any part of the Platform, you acknowledge that you have read, understood and agree to be bound by these Terms and by any policy referenced herein. If you do not agree, you must not access or use the Service. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

Agent — an autonomous AI assistant that reasons across multiple steps and executes tasks using a set of tools.

Workspace / Tenant — the isolated environment that holds your account, agents, projects, conversations, files and billing data.

Project — a container with its own dedicated chat and knowledge base.

Knowledge Base — files and content you provide to inform the behavior and output of an Agent.

Connector / Integration — a third-party service you link to the Platform (for example via Composio) to extend an Agent’s capabilities.

Credits — the billing unit consumed when you use the Service, as further described in Section 9.

Output — any content, result, file, message or action produced by an Agent in response to your input.

You must be at least 18 years old (or the age of legal majority in your jurisdiction) and able to enter into a binding contract to use the Service.

Registration. You create an account by providing a full name, email address and password. You may be required to confirm your email address through a verification link before the account is activated.

Authentication. You log in using your credentials. You are responsible for keeping your credentials confidential and for all activity that occurs under your account. Access credentials may be shared solely at the subscriber’s own sole risk and peril, and you remain fully responsible for any and all consequences arising from such sharing.

Accuracy. You agree to provide accurate, current and complete information and to keep it up to date.

Security events. You must notify us promptly of any unauthorized use of your account or any other breach of security.

As part of the guided onboarding and at any time through your settings, you may provide information about yourself and your business — including your brand, niche, tone of voice, goals and other profiling details. By submitting this information you authorize Ercole.AI to:

• store and process it to configure, personalize and operate your Agents and the Service;
• use it as context that may be passed to AI models and tools when executing your tasks;
• retain it for the duration of your account, subject to Section 13.

You are solely responsible for the lawfulness and accuracy of the information you provide and must not submit information you are not entitled to share.

Create and customize Agents — including their identity, personality, instructions, examples and the set of tools they are allowed to use. Agents may also create additional Agents on your behalf during execution.

Create and manage Projects — each with a dedicated chat and knowledge base.

Upload and manage files — to build a Knowledge Base or to be processed within a task.

Start tasks and conversations — by sending text, voice, images or video to an Agent and selecting the active Agent and connectors for the task.

You are responsible for the instructions you give to Agents and for reviewing their Output before relying on or distributing it.

Agents operate autonomously across multiple reasoning steps and may use a range of tools to complete your tasks. By instructing an Agent, you authorize it to perform actions on your behalf, which may include:

• web search and retrieval of publicly available information;
• browsing websites through automated (headless) browser sessions;
• collecting and analyzing publicly available social media content, including transcription and analysis of audio and video;
• querying trend and analytics data sources;
• generating images and other media;
• executing code (including Python and shell commands) within a managed workspace;
• creating, reading and managing files in your workspace;
• sending requests to and acting within connected third-party services (see Section 7).

You acknowledge that these actions are initiated by your instructions and that you are responsible for ensuring that the tasks you request, and any resulting actions, comply with applicable law and with the terms of any third-party service involved.

You may connect third-party services to the Platform (for example HighLevel, Meta Ads, Gmail, Google Workspace, Notion, HubSpot, Slack, Instagram and Facebook) through our connector framework. When you connect an integration:

• you authorize Ercole.AI and the relevant Agent to access, read and act within that service on your behalf, within the scope you grant;
• you confirm that you have the right to connect the account and to authorize such access;
• you remain bound by the terms and policies of each third-party provider, and Ercole.AI is not responsible for those services or for actions taken within them at your instruction.

You may disconnect an integration at any time; doing so may limit the ability of your Agents to perform certain tasks.

You may schedule tasks to run automatically on a recurring basis. By scheduling a task, you authorize the relevant Agent to execute it at the configured times without further action from you, consuming Credits accordingly.

The Service is available across multiple channels — the Web dashboard, the mobile applications and the Telegram bot — sharing the same agents, projects and memory. To use the Telegram channel you link your account (for example via a QR code or deep link) and may send text, voice, photos and video. You are responsible for any messages and content sent through any channel.

Subscriptions. You may subscribe to one of the available plans (such as Basic, Growth and Scale). Plans renew automatically for successive periods until cancelled.

Credit consumption. Credits are consumed based on the volume and complexity of the operations your Agents perform, including model usage, audio transcription and tool execution. Your current balance and usage are displayed in your billing area.

Free allowance. Where offered, a daily free Credit allowance may be made available; any unused free allowance does not roll over.

Add-ons. You may purchase additional Credits or add-ons. In-app purchases on mobile may be processed through the applicable app store provider (for example via RevenueCat and the platform store).

Charges & renewals. You authorize us (and our payment processors) to charge your selected payment method for subscription fees and purchases.

No refunds. Subscriptions are non-refundable in any way, except where a written and reasonable refund request is sent within twenty-four (24) hours of the charge to support@ercole.ai. Refunds are otherwise granted only where required by mandatory law.

Disputing Credit deductions. Any Credit deduction you consider incorrect or improper must be contested within forty-eight (48) hours by writing to support@ercole.ai. We reserve the right to review the Agent’s reasoning and execution and may, at our discretion, approve the full or partial re-crediting of the Credits used. Deductions not contested within this period are deemed accepted.

Cancellation. You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period and you retain access until then.

Limits. Plans may include usage limits. When a limit or available balance is reached, the Service may restrict further actions until additional Credits are obtained or the period resets.

We may change pricing, plans and Credit consumption rules on a prospective basis, with notice where required.

Becoming an affiliate. Participation is subject to our approval and to the affiliate plan assigned to you.

Referral codes & links. You may generate referral codes and links and associate them with eligible projects.

Commissions. You may earn commissions on qualifying referrals according to the applicable commission rate and type. Commissions move through statuses (for example pending, approved and paid) and may be adjusted or reversed in cases of refund, chargeback, fraud or breach of these Terms.

Payment terms. Approved commissions are paid on a NET 30 basis (within 30 days) once your accrued, approved balance reaches a minimum threshold of €100, and only upon receipt of a valid invoice issued by you for the corresponding total amount. Balances below the threshold carry over to subsequent payment cycles until the threshold is met.

Referred users. If you sign up through a referral link, your registration may be attributed to the referring affiliate.

We may modify, suspend or terminate the affiliate program, or your participation in it, at our discretion.

You agree not to use the Service to:

• violate any applicable law, regulation or third-party right;
• infringe intellectual property, privacy or publicity rights, or process personal data without a lawful basis;
• generate or distribute unlawful, harmful, deceptive, defamatory or infringing content, or spam;
• circumvent usage limits, security measures or access controls, or attempt to reverse engineer the Service;
• scrape, collect or use data in violation of a third party’s terms of service or applicable law;
• disrupt, overload or impair the Service or the infrastructure it runs on, or use it to develop a competing product.

You are responsible for all activity carried out through your account and for the lawfulness of the tasks you instruct your Agents to perform.

Your content. You retain ownership of the information, files and instructions you submit (“Your Content”). You grant Ercole.AI a worldwide, non-exclusive license to host, process and use Your Content as necessary to provide and improve the Service and to perform the tasks you request.

Output. As between you and Ercole.AI, and to the extent permitted by law, you own the Output generated for you, subject to the rights of underlying model and tool providers and to your compliance with these Terms. Output may be generated by AI models and may be inaccurate, incomplete or not unique to you; you are responsible for reviewing and verifying Output before relying on it.

Our IP. The Platform, including its software, design and trademarks, is owned by Ercole.AI and its licensors. No rights are granted except as expressly set out in these Terms.

Your data is stored in a logically isolated workspace protected by row-level security. We process your data to operate the Service, including authentication, storage of agents, projects, knowledge bases, conversations, scheduled tasks and billing records.

To operate, debug and improve the Service, we may record and trace executions, including AI model calls and the steps your Agents take, as well as meter and attribute usage to your account, conversation and Agent. Your use of the Service is also subject to our Privacy Policy, which describes how personal data is collected and processed. You may request deletion of your account and associated data, subject to legal retention obligations.

Third-party AI models. The Service relies on third-party large language models (LLMs) and other external providers to process your inputs and generate Output. As a result, content you submit — including files — may be transmitted to and processed by these third parties. Sharing corporate, confidential or otherwise sensitive files is therefore not recommended, and Ercole.AI shall not be liable for any data leakage, exposure or disclosure arising from such processing. You are solely responsible for deciding what content to submit.

We strive to keep the Service available but do not guarantee uninterrupted or error-free operation. We may modify, suspend or discontinue features, impose or change limits, and perform maintenance that may temporarily affect availability. We may rely on third-party providers (including AI model, tool, hosting and payment providers) whose availability is outside our control.

You may stop using the Service and delete your account at any time. We may suspend or terminate your access, in whole or in part, if you breach these Terms, fail to pay applicable fees, create risk or legal exposure for us or others, or where required by law.

In particular, management reserves the right to cancel your subscription and close your account at any time, without prior consent or notice, where it becomes aware of any infringement of our code of conduct or of these Terms. No refund is owed for any such cancellation, except as set out in Section 9.

Upon termination, your right to use the Service ends. We may delete or retain your data as described in Section 13 and as permitted or required by law. Provisions that by their nature should survive termination will continue to apply.

The Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that Output is accurate, complete, lawful or suitable for your purposes. The Service is not a substitute for professional advice (legal, financial, medical or otherwise).

To the maximum extent permitted by law, Ercole.AI and its affiliates will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or related to your use of the Service. Our aggregate liability for all claims relating to the Service will not exceed the amounts you paid to us for the Service in the twelve (12) months preceding the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

You agree to indemnify and hold harmless Ercole.AI and its affiliates from and against any claims, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or related to Your Content, your use of the Service, the tasks you instruct your Agents to perform, your use of third-party integrations, or your breach of these Terms or applicable law.

We may update these Terms from time to time. When we make material changes, we will take reasonable steps to notify you, for example by posting the updated Terms with a new effective date or through the Service. Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws principles, and the competent courts located in Delaware will have exclusive jurisdiction, unless mandatory consumer-protection law provides otherwise. If any provision is found unenforceable, the remaining provisions will remain in full force. Our failure to enforce a right is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. These Terms constitute the entire agreement between you and Ercole.AI regarding the Service.

For questions about these Terms, contact us at legal@ercole.ai.