Beta Terms of Service

We intend to incorporate a Swiss company (Aktiengesellschaft or Gesellschaft mit beschränkter Haftung) with its seat in Zurich or Zug and to move the Agent Smith business into it. We are telling you now so that the change is not a surprise later.

What happens on incorporation. When the Swiss company is registered, we intend to transfer this agreement, your account, your workspaces and your Content to that company, so that it takes over as your contracting party in place of the sole proprietorship. The company will assume the obligations owed to you under these Terms.

What we will do. We will notify you before the transfer takes effect, using the contact details on your account, and we will publish the new company’s name, legal form, seat, commercial-register number and VAT status in these Terms and in the Privacy Policy.

What you can do. If you do not want your agreement transferred, you may terminate it and close your account before the transfer takes effect, at no cost, and we will refund any prepaid amount covering the period after termination. Your statutory rights are unaffected, and nothing in this section reduces the protections you have as a consumer.

Your data. A transfer of the business includes a transfer of the personal data needed to keep providing the Service to you. The purposes, retention and safeguards described in the Privacy Policy continue to apply to the successor.

We may also assign this agreement in connection with a restructuring, financing, merger, or sale of the business, on the same terms and with the same notice and termination right described above.

Agent Smith is currently offered in beta and under active development.

This means:

• Features may change, be removed, restricted, or replaced.
• The Service may contain errors, interruptions, or instability.
• We do not guarantee that any feature will remain available.
• Performance, workflows, pricing, AI behavior, and integrations may evolve.

You understand that the Service is not final and may not be reliable or uninterrupted.

You must:

• Be at least 18 years old; and
• Have legal capacity to enter into a binding contract in your jurisdiction.

If the age of legal capacity where you live is higher, you must meet that higher requirement.

The Service is available to individuals and businesses. If you use Agent Smith on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

You may create an account using email-based authentication (e.g., magic link or OTP).

You are responsible for:

• Maintaining the security of your email account
• Protecting login links or authentication codes
• Ensuring your account information is accurate and up to date

You are responsible for activity under your account unless caused by a failure of our systems.

Agent Smith supports role-based workspaces.

Workspace owners and administrators control:

• Invitations
• Member roles
• Access permissions
• Integration settings

Invitations are token-based and may display limited workspace metadata before acceptance.

By accepting an invitation, you consent to:

• Joining the workspace
• Sharing relevant profile or account information according to workspace settings

Workspace owners are responsible for managing access within their workspace.

"Content" includes all material you upload, create, generate, or share through the Service.

You retain ownership of your Content.

You grant Agent Smith a worldwide, non-exclusive license to host, store, process, reproduce, transmit, index, analyze, display, and back up your Content solely as necessary to:

• Provide and operate the Service
• Enable AI features
• Enable sharing and collaboration
• Maintain security and integrity
• Improve and develop the Service

You represent that:

• You have the rights to upload and process the Content.
• If you process third-party personal data, you have a lawful basis and required notices or consents.

The Service, including software, interfaces, branding, trademarks, models, orchestration systems, documentation, and platform materials, remains the exclusive property of Agent Smith or its licensors.

These Terms do not transfer ownership of the Service to you.

You may not copy, reverse engineer, modify, distribute, or create derivative works of the Service except as permitted by law.

Agent Smith includes AI features, including chat, drafting, suggestions, analysis, and configurable workflows.

Important:

• AI outputs may be incomplete, inaccurate, outdated, or misleading.
• AI outputs are not legal, tax, accounting, medical, or investment advice.
• You must independently review and validate outputs before relying on them.
• Certain AI features may propose or execute actions depending on workspace configuration.
• You remain responsible for oversight and final decisions.

We may use multiple third-party AI providers to generate outputs. Providers may change over time. See the AI Transparency, Human Review & Limitations Notice and Subprocessor List.

If you create a share link, anyone with the link may access the shared content.

Share links may be forwarded.

You are responsible for what you choose to share and for revoking links when necessary.

See the Share-Link Warning Notice.

Community posts may be visible to other authenticated users.

Do not post confidential or personal information you do not want shared.

Community use is subject to the Community Rules.

We may moderate, remove content, or restrict access for violations.

You must comply with the Acceptable Use Policy.

You agree not to:

• Upload illegal or infringing content
• Upload malicious code
• Harass, threaten, defame, or deceive others
• Access other users' data without authorization
• Scrape, spam, brute force, or bypass security controls

We may suspend or terminate access if we reasonably believe you violated these Terms.

Certain features require payment. Billing is processed through Stripe.

Currency and tax

All prices are stated and charged in Swiss francs (CHF). CHF is the only currency we charge, invoice and refund in. Where we show an amount in another currency it is an approximate conversion for information only, marked with “≈”; your bank or card issuer sets the final amount actually debited and may add its own foreign-transaction fee.

We are not currently registered for Swiss VAT, so no VAT is added to the prices we show and the price you see is the total you pay. If we become VAT-liable, we will update these Terms and show any tax separately before it is charged. You remain responsible for any tax you owe in your own country on your purchase.

Subscriptions and renewal

• Paid plans renew automatically until you cancel.
• Annual plans are paid upfront at ten monthly prices for twelve months of access. Included Energy on an annual plan is released monthly rather than all at once.
• An upgrade takes effect immediately and is charged on a prorated basis for the remainder of the current period.
• A downgrade or cancellation takes effect at the end of the current paid period. You keep access to the paid plan until then.

Energy

Paid work on the platform is metered in Energy. Energy is a prepaid unit of access to the Service; it is not money, not a payment instrument, and cannot be exchanged for cash or transferred to anyone else. The rules that govern it:

• Energy you buy as an add-on does not expire.
• Up to 50% of unused monthly included Energy may roll forward into the next month.
• Included, rolled-over, promotional and cashback balances together are capped at 150% of your plan’s monthly Energy allowance. Amounts above that cap are not accumulated.
• Promotional and cashback Energy does not expire and is consumed before your monthly included Energy and before Energy you purchased.
• If you cancel, Energy already in your account remains on the downgraded free account, subject to the free plan’s product limits and to our fraud controls.

How much Energy a given task consumes depends on the models, reasoning depth, tools, retries and review passes it uses, so it varies between runs. Where we publish indicative figures for how much typical work costs, they are estimates for planning, not a guaranteed amount of work, a service level, or a human-labour equivalence.

Refunds and changes

Unless required by law:

• Payments are generally non-refundable.
• We may offer discretionary refunds or Energy grants case-by-case.

Because the Service is in beta, plans, prices, Energy allowances and Energy mechanics may change. We will give notice of a change that increases your price or materially reduces what your plan includes before it applies to you, and the change will take effect at your next renewal — not mid-period — so you can cancel first if you do not accept it. The plan, price and terms shown to you at the moment of purchase govern that purchase.

Billing details are governed by the Billing, Energy & Refund Terms. If there is a conflict, the billing terms control for billing matters.

If you connect third-party services, you authorize us to access and process relevant data to provide the integration.

Your use of those services is also subject to their own terms.

We are not responsible for third-party services or outages.

Agent Smith’s social scheduler (under /tools/social) lets you connect third-party social media accounts and schedule posts to be published on your behalf. By connecting an account you authorize Agent Smith to act under the OAuth scopes you approve in that platform’s consent screen.

What we publish, and when: we publish the content you schedule, at the time you schedule it, to the account you connected. We do not modify or augment your content. Once a post is published, it is live on the third-party platform — Agent Smith cannot recall or edit it from there; you must edit or delete it directly on the platform.

Currently available: LinkedIn (personal profile posts). Coming soon, subject to platform approval: Facebook Pages, Instagram Business accounts, YouTube uploads, TikTok. X (Twitter) is paused for cost reasons.

You are responsible for the content. You must own or have rights to everything you publish, and your posts must comply with each platform’s rules (LinkedIn User Agreement, Meta’s Community Standards, YouTube Community Guidelines, TikTok Community Guidelines, etc.) as well as our Acceptable Use Policy. Violations are at your risk; the platform may rate-limit, suspend, or terminate your account for content we published on your instruction.

Authorization & revocation. You can disconnect any platform from /tools/social/connections at any time; disconnecting deletes the stored OAuth token and stops future publishing for that account. You may also revoke Agent Smith’s authorization directly from the platform’s account settings.

Outages and platform changes. We rely on the third-party platforms’ APIs to publish. If a platform changes its API, rate-limits us, declines our request, or suffers an outage, we may not be able to publish on time or at all. We are not liable for delays, failures, suspensions, or content-moderation actions caused by the platform itself.

By you

You may stop using the Service at any time.

By us

We may suspend, restrict, or terminate access if reasonably necessary for:

• Security
• Abuse prevention
• Legal compliance
• Risk management
• Violation of these Terms
• Beta operational requirements

We may do so with or without prior notice where necessary.

Upon termination:

• Your right to use the Service ends.
• Access to your account and workspaces may be disabled.
• We may retain certain data for up to approximately 30 days for security, fraud prevention, legal, or operational reasons.
• Some provisions of these Terms survive termination (see Section 22).

If you are a consumer in the EEA, UK, or another jurisdiction with mandatory protections, those rights remain unaffected.

EU consumers may have a 14-day withdrawal right for certain online purchases, subject to exceptions for digital services begun with your express consent and acknowledgement.

We may update these Terms from time to time.

If changes are material, we will provide notice (for example by email or in-product notification).

Continued use of the Service after the effective date of updated Terms constitutes acceptance to the extent permitted by law.

We may provide legal or operational notices via:

• Email
• In-product notification
• Website publication

You are responsible for keeping your contact information current.

If there is a conflict between documents:

• The End-User License Agreement controls for the licence to use the software itself and for restrictions on how you may use it.
• Billing, Energy & Refund Terms control for billing issues.
• Privacy Policy controls for data processing disclosures.
• Community Rules control for community conduct.
• Acceptable Use Policy controls for prohibited behavior.

The following provisions survive termination:

• Intellectual property
• Disclaimers
• Limitation of liability
• Payment obligations
• Governing law and dispute resolution
• Any rights that by nature should survive

Failure to enforce any provision does not constitute a waiver of that provision.

If any provision is unenforceable, the remainder remains in full force.

These Terms are governed by the laws of Switzerland.

The courts of Zürich, Switzerland have exclusive jurisdiction, except where mandatory consumer law provides otherwise.