These Terms of Use ("Terms") are an agreement between you and Silverberry Group, Inc. ("Silverberry", "we", "us"). Constella is a product of Silverberry Group, Inc. These Terms cover askconstella.com, the Constella web app, iOS app, Share Extension and browser extension, and related services (together, the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you don't agree, don't use the Service.
If you use Constella on behalf of a company or other organization, you agree to these Terms for that organization and confirm you have authority to do so. "You" then includes the organization.
1. Eligibility and accounts
- You must be at least 13 years old, or the minimum age to consent to data processing in your country if that is higher. If you are under the age of majority where you live, you need a parent's or guardian's permission.
- Give accurate account information and keep your sign-in secure. You are responsible for activity on your account. Tell us at info@askconstella.com if you think someone else has used it.
- You may not use the Service if the law forbids you from doing so, including if you are subject to US or Canadian sanctions.
2. The Service
Constella lets you capture and store information, ask questions about it, build agents that work from it, and share it with others. We are always improving Constella, so features may change, and features marked "coming soon" or "beta" may change or be withdrawn. We may limit, suspend or stop parts of the Service, and we will try to give you reasonable notice of significant changes that affect paid features.
3. Your content
- You own your content. "Your content" means what you put into the Service (captures, files, notes, recordings, chats, Skills and other material) and the outputs generated for you. Content you add to an organization's projects is the exception: it belongs to that organization (see section 7).
- Permission you give us. You grant Silverberry a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, transmit and display your content only as needed to provide and secure the Service for you, including sending it to the service providers and AI providers described in our Privacy Policy and to the people you share it with. This licence ends when your content is deleted, apart from backup copies kept for a limited time.
- No training on your content. We do not use your content to train AI models.
- Your responsibility. You confirm you have the rights you need to capture, upload and share your content, and that doing so doesn't break the law, a contract or anyone's rights, including copyright and privacy. Web pages and files you capture may belong to others; capturing them for your own reference does not give you any extra rights to them.
- Backups. We work hard to keep your content safe, but you are responsible for keeping copies of anything you can't afford to lose.
4. AI output
Constella uses artificial intelligence. AI output may be incomplete, out of date, or wrong, even when it cites sources, and different users may get similar output. You are responsible for reviewing output and for how you use it. Constella is not a substitute for professional advice, including legal, medical, financial or tax advice, and you should not rely on it alone for decisions that could seriously affect you or others. Agents act within the instructions and permissions you give them; you are responsible for setting those appropriately.
5. Connected apps
You can connect third-party services such as Google Drive, Slack, Canva, HubSpot and Plot. When you do, you authorize Constella to access and act in that service as described when you connect it. Your use of those services is governed by their own terms and privacy policies, and we are not responsible for them. You can disconnect them at any time.
6. Acceptable use
You agree not to:
- break the law, or help others do so;
- upload or share content that infringes others' rights, is unlawful, harassing, hateful, sexually exploits children, or is malicious (such as malware);
- capture or process other people's personal information without a lawful basis;
- use the Service to build a competing product, or copy, decompile or reverse engineer it except where the law allows;
- get around usage limits, access controls or security, or access accounts or data that aren't yours;
- overload the Service, or use automated means to access it except through features we provide;
- use output to mislead people about its source, or in ways that violate the usage policies of the AI providers we use.
We may remove content or restrict accounts that we reasonably believe break these rules.
7. Projects and organizations
If you create a project or an organization, you are its owner and decide who can access it and what they can do. Content added to a personal project you share with others stays owned by the person who added it.
Organization content belongs to the organization. By accepting an invitation to join an organization, you agree that content you add to that organization's projects, whether in a project you create there or one you contribute to, belongs to the organization. To the extent the law allows, you assign your rights in that content to the organization, or, where an assignment isn't possible, you grant it a perpetual, irrevocable, royalty-free licence to use it. You confirm you have the right to do so. The organization's owner and administrators control that content, including access, retention and deletion, and it stays with the organization if you leave or delete your account. If you delete your account, projects you created in an organization are transferred to its owner.
If you own an organization that has other members, you must make another member the owner before you delete your account. If your organization gives you access, its administrators may manage your access and the organization's content.
8. Plans and payment
- Free plan. The Free plan is free, with the limits shown on our Pricing page. We may change those limits.
- Constella Pro. Paid plans are billed in advance, monthly or yearly, through our payment processor, Stripe. By subscribing you authorize recurring charges to your payment method until you cancel. Prices are shown before you buy and may not include taxes, which you are responsible for.
- Renewal and cancellation. Subscriptions renew automatically at the end of each period. You can cancel at any time from Manage billing in Settings; you keep Pro until the end of the period you paid for, and you won't be charged again.
- Refunds. Payments are non-refundable except where the law requires a refund or we say otherwise.
- Price changes. We will give you advance notice of a price change, and it will apply from your next renewal. You can cancel before then.
- Fair use. "Unlimited" plans are for reasonable use by the person or team the plan covers. We may rate-limit automated or abusive use.
- Team and Enterprise plans are governed by a separate agreement where one is signed; if it conflicts with these Terms, that agreement controls.
9. Our property and your feedback
The Service, including its software, design and the Constella name and logo, belongs to Silverberry and its licensors. We give you a personal, non-exclusive, non-transferable, revocable licence to use the Service under these Terms. If you send us feedback or ideas, we may use them without obligation to you.
If you believe content on the Service infringes your copyright, email info@askconstella.com with the work, where the material appears, your contact details, and a statement that you believe in good faith the use is unauthorized and that your notice is accurate. We respond to notices under the US Digital Millennium Copyright Act and Canada's Copyright Act, and we close accounts of repeat infringers where appropriate.
10. Ending your use
You can stop using Constella and delete your account at any time (in the iOS app under More › Account › Delete account, or by emailing us). Content you added to an organization's projects stays with the organization, as section 7 describes. We may suspend or close your account if you seriously or repeatedly break these Terms, if the law requires it, or to protect the Service or others. Where reasonable, we will tell you first and give you a chance to export your content. Sections that by their nature should survive (such as content licences needed to finish deletion, disclaimers, liability limits and disputes) survive termination.
11. Disclaimers and limitation of liability
To the extent the law allows, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not promise the Service will be uninterrupted, error-free or secure, or that AI output will be accurate.
To the extent the law allows, Silverberry will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from or related to the Service. Our total liability for all claims relating to the Service is limited to the greater of the amount you paid us for the Service in the 12 months before the claim, or US $100.
Some places do not allow these exclusions or limits, so they may not fully apply to you. Nothing in these Terms limits rights you have under consumer protection laws that cannot be waived by contract.
To the extent the law allows, you will indemnify Silverberry against third-party claims arising from your content or your breach of these Terms.
12. Disputes and governing law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict-of-law rules. The courts of Ontario have exclusive jurisdiction over disputes about these Terms or the Service, except that you may also bring a claim in the courts where you live if your local consumer law gives you that right. Before filing a claim, please contact us at info@askconstella.com so we can try to resolve it informally.
13. Apple App Store terms
If you downloaded Constella from Apple's App Store, these additional terms apply:
- These Terms are between you and Silverberry, not Apple. Silverberry, not Apple, is solely responsible for the app and its content.
- Your licence to the app is limited to use on Apple-branded products you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions.
- Silverberry is solely responsible for maintenance and support. Apple has no obligation to provide any maintenance or support for the app.
- If the app fails to meet any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent the law allows, Apple has no other warranty obligation for the app.
- Silverberry, not Apple, is responsible for any claims relating to the app or your use of it, including product liability claims, claims that the app fails to meet legal or regulatory requirements, and claims under consumer protection, privacy or similar laws.
- If a third party claims the app or your use of it infringes their intellectual property rights, Silverberry, not Apple, is responsible for investigating, defending, settling and discharging that claim.
- You confirm you are not located in a country subject to a US Government embargo or designated as "terrorist supporting", and you are not on any US Government list of prohibited or restricted parties.
- You must comply with any applicable third-party terms (such as your wireless carrier's) when using the app.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, may enforce them against you.
- Questions, complaints or claims about the app: Silverberry Group, Inc., 410-225 Duncan Mill Road, North York, ON M3B 3H9, Canada; info@askconstella.com.
14. General
- Changes. We may update these Terms. If a change is material, we will tell you by email or in the Service at least 14 days before it takes effect, unless it is required by law or to address security sooner. If you keep using the Service after a change takes effect, the new Terms apply; if you don't agree, stop using the Service and delete your account.
- Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and us about the Service, unless you have signed a separate agreement with us.
- Severability and waiver. If part of these Terms can't be enforced, the rest still applies. Not enforcing a term is not a waiver of it.
- Assignment. You may not transfer these Terms without our consent. We may transfer them as part of a merger, acquisition or sale of assets.
- Notices. We may send notices to your account email or show them in the Service. Send notices to us at info@askconstella.com.
Contact
Silverberry Group, Inc.
410-225 Duncan Mill Road
North York, ON M3B 3H9
Canada
Email: info@askconstella.com