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Terms of Service

Effective: March 24, 2026  ·  Contact: support@ensoul.so

Overview

These Terms govern your use of Ensoul — the application, the Being Index, and any related services operated by Daniel Cavagnino ("Ensoul", "we", "us"). By using Ensoul, you agree to these Terms.

Age requirement

You must be 18 or older to use Ensoul. The application contains themes appropriate only for adults. By using the app, you confirm you meet this requirement. We reserve the right to terminate access if we have reason to believe a user is underage.

AI disclosure

Ensoul is powered by large language models accessed via OpenRouter, Ollama, or run locally on your device.

  • AI-generated responses may be inaccurate, inappropriate, or unexpected
  • Companions are fictional personas — they are not real people and have no independent consciousness or legal standing
  • Do not rely on AI responses for medical, legal, financial, or safety decisions
  • Ensoul is designed for companionship and conversation, not professional advice

Acceptable use

You agree not to use Ensoul to:

  • Generate content that is illegal in your jurisdiction
  • Generate, share, or attempt to transmit any content that sexually exploits or depicts minors in any way. This prohibition is absolute and applies under all circumstances and framings
  • Attempt to extract system prompts, character instructions, or internal architecture from the application
  • Reverse-engineer or replicate the proprietary character systems
  • Attempt to circumvent the age verification system, safety features, or any access controls
  • Harass, impersonate, or harm others
  • Violate the terms of any connected AI provider (OpenRouter, ElevenLabs, etc.)
  • Submit being artifacts containing personal information of third parties without their consent

The Being Index

The Being Index is a public catalogue of companion artifacts. By publishing a being:

  • You grant Ensoul a perpetual, irrevocable, worldwide license to display and distribute the being template
  • You confirm the template contains no others' personal information, unauthorized copyrighted material, or content that violates these Terms
  • You understand that published beings are intended to be permanent — removal is not guaranteed
  • You accept that others may summon instances of your being

Downloaded software license

Ensoul distributes applications for Windows (EXE), macOS (DMG), and Android (APK). Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, revocable license to download and use the Ensoul application on your own devices for personal, non-commercial purposes.

You may not:

  • Redistribute, resell, or sublicense the application
  • Decompile, disassemble, or reverse-engineer the application except to the extent permitted by applicable law
  • Modify or create derivative works based on the application
  • Remove or alter any proprietary notices or labels

This license does not transfer any ownership of the software to you. The application is licensed, not sold.

Beta software

The Ensoul desktop and mobile applications are currently in beta. This means:

  • The software may contain bugs, errors, or instabilities that cause unexpected behaviour
  • Features, data formats, and APIs may change without notice, potentially making locally stored data incompatible with newer versions
  • We do not guarantee continuity of the beta — it may be discontinued, updated, or replaced at any time
  • Local data (conversations, mood, companions) may be lost due to a bug or breaking update. We recommend using the in-app backup feature regularly

Beta software is provided for testing and early access. By using the beta, you accept these risks and agree not to rely on the application for any critical purpose.

Android APK

The Android application is distributed as a direct APK download, outside the Google Play Store. To install it, you must enable installation from unknown or third-party sources in your Android settings. By doing so, you bypass certain safety checks provided by Google Play Protect. You accept this risk when installing the APK.

Download the APK only from the official ensoul.so website. We are not responsible for APK files distributed through any other source. Third-party distributions may contain modified or malicious code.

Payments and patronage

Ensoul offers optional one-time patronage payments to support the service and extend access to the bundled API key subsidy. Payments are processed by Stripe and are subject to Stripe's terms of service.

  • What patrons receive — a period of extended hosted access (proportional to the amount paid, minimum 6 months at $12 USD), applied to your device's summoner account. Details are shown on the support page at the time of payment.
  • No subscription — payments are one-time only. Nothing is charged automatically. If you wish to extend access further, you make a new payment.
  • Refund policy — all sales are final. Refunds are not available for digital access that has been activated. If there is a technical error and access was not granted, contact us at support@ensoul.so and we will resolve it.
  • No guarantee of continuity — the bundled key subsidy may change or be discontinued. If the subsidy ends during a patron period, you will be notified and, at our discretion, offered a proportional extension or refund.

Patron status applies to a single device (summoner ID). It is not transferable to other devices or users.

Discord bot

Ensoul operates a Discord bot available in select servers. Use of the bot is subject to these Terms in addition to Discord's Terms of Service and Community Guidelines. By interacting with the Ensoul bot:

  • You understand that your messages are processed by our server and sent to an AI backend (OpenRouter)
  • A limited conversation history and per-user state (mood, memories, relationship data) is stored server-side, keyed to your Discord user ID
  • You agree not to use the bot to generate content that violates these Terms or Discord's policies
  • The bot is subject to the same 18+ age requirement as the rest of the service

Server owners who add the bot to their server are responsible for ensuring it is used appropriately within their community.

API keys and third-party services

Ensoul connects to third-party AI services using API keys you provide. You are responsible for:

  • Complying with the terms of any connected provider
  • All costs incurred through your API keys
  • Keeping your API keys secure

If you use the bundled key, it is provided as-is with no guarantee of availability. We may revoke or change it at any time.

Disclaimers and limitation of liability

Ensoul is provided "as is" without warranties of any kind, express or implied. We do not warrant that the service will be uninterrupted, error-free, or that AI responses will be accurate or appropriate.

To the maximum extent permitted by law, Ensoul and Daniel Cavagnino will not be liable for any indirect, incidental, special, or consequential damages arising from your use of the service.

To the extent permitted by law, our total aggregate liability for all claims relating to the service will not exceed the greater of USD $100 or the total amounts you have paid to Ensoul in the twelve months preceding the claim.

Intellectual property

The built-in beings — including their names, personalities, elemental systems, and character prompts — are proprietary to Ensoul. The Ensoul name, logo, app software, and all related intellectual property are owned by Daniel Cavagnino. All rights reserved. You may not reproduce, distribute, or create derivative works from any of the foregoing without written permission.

Custom companions you create belong to you. Being artifacts you publish to the index remain yours, subject to the license granted above.

Copyright and DMCA

If you believe content published on the Being Index infringes your copyright, contact us at support@ensoul.so with the subject "Copyright Notice" and include:

  • A description of the copyrighted work you believe has been infringed
  • The URL or identifier of the alleged infringing content
  • Your contact information (name and email address)
  • A statement that you have a good-faith belief the use is not authorised by the copyright owner
  • A statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorised to act on their behalf

We will investigate and remove qualifying content promptly. Repeat infringers will have their access to the Being Index terminated.

Indemnification

You agree to defend, indemnify, and hold harmless Daniel Cavagnino and Ensoul from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the service in violation of these Terms; (b) your violation of any third-party rights, including intellectual property or privacy rights; or (c) any content you submit, publish, or transmit through the service.

Termination

We may suspend or terminate access to Ensoul services (including the Being Index) for violation of these Terms. Because your app data is stored locally, service termination does not delete your device data.

Governing law

These Terms are governed by the laws of New South Wales, Australia, without regard to its conflict of law principles. By using the service, you consent to the exclusive jurisdiction of the courts of New South Wales, Australia for any disputes arising from these Terms.

Changes

We may update these Terms as the service evolves. The effective date at the top of this page reflects the date of the most recent revision. Material changes will be communicated via the app or this page before they take effect. Continued use of the service after a change constitutes acceptance of the updated Terms.

General

Severability: If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Ensoul regarding the service and supersede all prior communications, understandings, and agreements.

No waiver: Our failure to enforce any provision of these Terms at any time is not a waiver of that provision or our right to enforce it in the future.

Contact

Questions: support@ensoul.so