Terms of Service

1. Introduction

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you”) and Encorp Bulgaria Ltd (Енкорп България ООД), a limited liability company incorporated under the laws of the Republic of Bulgaria, with Company Identification Number (ЕИК) 207883658, VAT number BG207883658, having its registered office at Simeonovsko shose 33, 1700 Sofia, Bulgaria, represented by its Manager Martin Kuvandzhiev (“Encorp AI,” “we,” “us,” “our”).

These Terms govern your access to and use of the Encorp AI platform, website, APIs, and related services (collectively, the “Service”) available at encorp.ai and portal.encorp.ai.

By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, you must not use the Service.

2. Definitions

• “Account” means the user account created to access the Service.
• “Content” means any data, text, files, prompts, outputs, or other materials submitted to or generated through the Service.
• “API” means the application programming interface(s) provided by Encorp AI for programmatic access to the Service.
• “Subscription Plan” means the pricing tier selected by the User, as described on our pricing page.
• “Personal Data” has the meaning given in Regulation (EU) 2016/679 (GDPR).

3. Service Description

Encorp AI provides a secure AI gateway platform that allows Users to access multiple artificial intelligence models and services through a unified API and client portal. The Service includes, but is not limited to:

• Unified API access to third-party AI providers (e.g., OpenAI, Anthropic, Google);
• A client portal for managing accounts, usage, and billing;
• Usage analytics and reporting;
• Enterprise-grade data privacy and security features.

The specific features available to you depend on your Subscription Plan. We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with reasonable prior notice where practicable.

4. Account Registration and Security

To use the Service, you must create an Account. When registering, you agree to:

• Provide accurate, current, and complete information as required by the registration form;
• Maintain and promptly update your Account information to keep it accurate;
• Keep your login credentials confidential and not share them with any third party;
• Immediately notify us at hi@encorp.ai of any unauthorized use of your Account or any other security breach.

You are solely responsible for all activity that occurs under your Account. Encorp AI shall not be liable for any loss or damage arising from your failure to safeguard your credentials.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party right;
• Generate, transmit, or store content that is unlawful, defamatory, threatening, abusive, or otherwise objectionable;
• Attempt to gain unauthorized access to any part of the Service, other accounts, or connected systems;
• Interfere with, disrupt, or impose an unreasonable burden on the Service or its infrastructure;
• Reverse-engineer, decompile, or disassemble the Service except as expressly permitted by applicable law;
• Use the Service to develop a competing product or service;
• Resell or redistribute access to the Service without our prior written consent;
• Use the Service in a manner that violates the acceptable use policies of any underlying third-party AI provider.

We reserve the right to suspend or terminate your Account if we reasonably determine that you have violated these restrictions.

6. Fees and Payment

6.1 Subscription Fees

Access to the Service is subject to fees as described on our pricing page. All fees are quoted in the currency specified at the time of purchase and are exclusive of applicable taxes unless otherwise stated.

6.2 Billing

Fees are billed in advance on a recurring basis (monthly or annually, as selected). Usage-based charges, if applicable, are billed in arrears. You authorize us to charge the payment method on file for all amounts due.

6.3 Taxes

You are responsible for all applicable taxes, including VAT. For EU-based customers, VAT will be charged in accordance with applicable EU VAT Directive rules and Bulgarian VAT legislation (ЗДДС). Valid VAT identification numbers should be provided at the time of registration for proper tax treatment.

6.4 Late Payment

If payment is not received by the due date, we may suspend access to the Service until all outstanding amounts are settled. We reserve the right to charge interest on overdue amounts at the statutory rate under Article 86 of the Bulgarian Obligations and Contracts Act (Закон за задълженията и договорите).

6.5 Refunds

Except where required by applicable law — including the Bulgarian Consumer Protection Act (Закон за защита на потребителите) and EU consumer protection rules — fees are non-refundable. Consumers who have entered into a distance contract have the right to withdraw within 14 days pursuant to Article 50 of the Consumer Protection Act, unless the Service has been fully performed with the consumer's express prior consent and acknowledgment that the right of withdrawal will be lost.

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including its software, design, logos, trademarks, documentation, and all related intellectual property, is and remains the exclusive property of Encorp Bulgaria Ltd or its licensors. Nothing in these Terms grants you any right, title, or interest in our intellectual property except for the limited right to use the Service as expressly permitted herein.

7.2 Your Content

You retain ownership of any Content you submit to the Service. By submitting Content, you grant us a limited, non-exclusive, worldwide licence to process, transmit, and store such Content solely for the purpose of providing the Service to you. We do not claim ownership of your Content.

7.3 AI-Generated Output

Output generated by third-party AI models through the Service is subject to the terms and conditions of the respective AI providers. You are responsible for your use of any AI-generated output and for ensuring that such use complies with applicable law.

8. Data Protection and Privacy

We process Personal Data in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation, “GDPR”) and the Bulgarian Personal Data Protection Act (Закон за защита на личните данни).

Our processing of your Personal Data is described in our Privacy Policy, which forms an integral part of these Terms. By using the Service, you acknowledge that you have read and understood our Privacy Policy.

Where you submit Personal Data of third parties (e.g., your end-users) through the Service, you act as the data controller and we act as the data processor. In such cases, the parties shall enter into a Data Processing Agreement in accordance with Article 28 GDPR.

9. Confidentiality

Each party agrees not to disclose any confidential information of the other party without prior written consent, except as required by law or as necessary for the performance of the Service. Confidential information includes, without limitation, business plans, technical data, API keys, pricing, and customer data.

10. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our reasonable control. Where possible, we will provide advance notice of planned downtime.

Enterprise customers may be eligible for a separate Service Level Agreement (SLA) with specific uptime guarantees and remedies.

11. Limitation of Liability

11.1 Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.2 Limitation

To the maximum extent permitted by Bulgarian law and applicable EU law, Encorp AI's total aggregate liability arising out of or relating to these Terms or the Service shall not exceed the total fees paid by you in the twelve (12) months preceding the event giving rise to the claim.

11.3 Exclusions

In no event shall Encorp AI be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, business opportunities, or goodwill, whether based on warranty, contract, tort (including negligence), or any other legal theory.

11.4 Consumer Rights

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable mandatory law, including the Bulgarian Consumer Protection Act and EU consumer protection directives. Consumers retain all rights afforded to them under applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Encorp AI, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the Service in violation of these Terms;
• Your Content or your violation of any third-party right;
• Your breach of applicable law, including data protection legislation.

13. Term and Termination

13.1 Term

These Terms enter into force upon your acceptance and remain in effect as long as you maintain an Account or use the Service.

13.2 Termination by You

You may terminate your Account at any time by contacting us at hi@encorp.ai or through the Account settings in the Service. Termination does not entitle you to a refund of prepaid fees, except as required by applicable law.

13.3 Termination by Us

We may suspend or terminate your Account and access to the Service immediately if:

• You materially breach these Terms;
• You fail to pay any fees when due;
• Continued provision of the Service becomes unlawful or commercially impracticable;
• Required by law, regulatory authority, or court order.

13.4 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We may delete your Account and Content after a reasonable retention period (typically 30 days), unless a longer period is required by law. Sections that by their nature should survive termination — including intellectual property, confidentiality, limitation of liability, indemnification, and governing law — shall survive.

14. Modifications to Terms

We may revise these Terms from time to time. Material changes will be communicated to you via email or a prominent notice on the Service at least 30 days before they take effect. Your continued use of the Service after the effective date of the revised Terms constitutes acceptance. If you do not agree to the revised Terms, you must stop using the Service and close your Account.

This obligation to provide notice of material changes is in compliance with the Bulgarian Electronic Commerce Act (Закон за електронната търговия) and the requirements for information society services.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Bulgaria, without regard to its conflict-of-law principles. Where applicable, mandatory provisions of EU law (including GDPR and EU consumer protection directives) shall apply.

15.2 Dispute Resolution

The parties shall first attempt to resolve any dispute arising out of or in connection with these Terms through good-faith negotiations. If the dispute cannot be resolved amicably within 30 days, it shall be submitted to the exclusive jurisdiction of the competent courts of the city of Sofia, Republic of Bulgaria.

15.3 Alternative Dispute Resolution

In accordance with the Bulgarian Consumer Protection Act and Regulation (EU) No 524/2013, consumers resident in the EU may also submit complaints through the European Commission's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr. The competent alternative dispute resolution body in Bulgaria is the General Conciliation Commission at the Consumer Protection Commission (Комисия за защита на потребителите).

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable order forms or Data Processing Agreements, constitute the entire agreement between you and Encorp AI with respect to the Service and supersede all prior or contemporaneous agreements, representations, or understandings.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable, in accordance with Article 26, paragraph 4 of the Bulgarian Obligations and Contracts Act.

16.3 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

16.4 Waiver

No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right.

16.5 Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, power failures, or internet outages.

16.6 Language

These Terms are drafted in English. In the event of any discrepancy between the English version and any translation, the English version shall prevail.

17. Contact Information

For any questions, concerns, or notices regarding these Terms, please contact us at: