Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your use of the agend platform, operated by Agend LLC, a Wyoming limited liability company ("agend", "we", "us", "our"). By creating an account or using the service, you agree to these Terms. If you do not agree, do not use the service.

2. Service description

agend provides isolated cloud Linux environments ("Environments") that your AI agent can operate via the Model Context Protocol (MCP). Each Environment runs in its own Firecracker microVM with a dedicated kernel, separate network namespace, and hardware-level isolation. agend does not provide an AI model — you connect your own AI agent to the Environment.

The service consists of:

• Environments — isolated Ubuntu Linux virtual machines accessible exclusively via the MCP protocol through the agend CLI.
• Persistent storage — block storage attached to your Environment that persists across sessions, sleep/wake cycles, and reconnections.
• Interactive terminal support — the ability for your AI agent to operate interactive terminal applications (TUI/CUI), respond to prompts, and manage persistent processes within the Environment.
• Sleep/Wake — automatic suspension of idle Environments and restoration when your agent reconnects.

3. Plans and resource limits

agend offers the following subscription plans. Resource limits are enforced per Environment. Exceeding limits may result in throttling or termination of processes.

We reserve the right to modify plan limits with 30 days' written notice. Existing subscribers will be grandfathered at their current limits for the remainder of their billing period.

Founding member pricing: Users who subscribe to an annual plan during the early access period receive a 30% discount. The founding discount applies exclusively to annual subscriptions and remains locked for the lifetime of the subscription as long as it remains active and in good standing. See the founding member pricing page for full terms.

4. Free trial

New users may access one trial Environment for a seven-day free trial (see table above). The free trial is limited to evaluation purposes. We reserve the right to limit, modify, or discontinue the free trial at any time. No credit card is required for the free trial.

5. Account

• You must provide accurate and complete account information.
• You are responsible for all activity under your account, including actions taken by AI agents you connect to your Environment.
• You must be at least 18 years old to use the service.
• One person or legal entity per account. Sharing credentials is not permitted.
• You are responsible for maintaining the confidentiality of your authentication tokens and API keys.

6. Acceptable use

You may use agend Environments for lawful software development, testing, automation, and operational tasks. You may not use agend Environments to:

• Mine cryptocurrency or perform proof-of-work computations.
• Send spam, phishing emails, or conduct social engineering attacks.
• Host, distribute, or store illegal content under United States law.
• Attack, scan, or probe other systems, networks, or services (port scanning, vulnerability scanning, DDoS, etc.) unless you own the target systems or have explicit written authorization.
• Circumvent resource limits, oversubscription controls, or sleep/wake mechanisms.
• Resell, sublicense, or provide third-party access to your Environment.
• Run open proxies, VPNs for third parties, or Tor exit nodes.
• Store credentials, secrets, or sensitive data without appropriate encryption.

We may suspend or terminate Environments that violate these terms without prior notice. Repeated violations may result in permanent account termination.

7. Billing and payments

• Merchant of Record: All payments are processed by Paddle.com Market Limited ("Paddle"), our Merchant of Record. Paddle handles invoicing, VAT, sales tax, and local payment methods. By subscribing, you also agree to Paddle's Checkout Buyer Terms.
• Billing cycles: Monthly plans are billed on the same date each month. Annual plans are billed as a single payment for 12 months.
• Price changes: We may change prices with 30 days' notice. Active subscriptions continue at their current rate until the next renewal. Annual subscribers are protected from price changes until their annual term expires.
• Cancellation: You can cancel anytime. Your subscription remains active until the end of the current billing period. No prorated refunds for partial periods.
• Failed payments: If a payment fails, we will notify you and retry per Paddle's dunning schedule. After repeated failures, your subscription may be suspended.
• Refunds: Refund requests are handled by Paddle per their refund policy. Contact hello@agend.sh for billing disputes.

8. Data ownership and environments

• Your data: You retain full ownership of all files, code, configurations, and data inside your Environment. We claim no intellectual property rights over your content.
• No inspection: We do not inspect, access, monitor, or share the contents of your Environment, except as required by law or to investigate reported abuse.
• Sleep/Wake: Environments are automatically suspended after the idle timeout specified by your plan. All state (files, installed packages, background processes) is preserved. Environments restore in under one second when your agent reconnects.
• Data retention after cancellation: Environment data is retained for 30 days after subscription cancellation or expiry. After 30 days, all Environment data is permanently and irrecoverably deleted.
• Backups: We do not provide automatic backups. You are responsible for backing up important data. We recommend using shell_file_get or git push to export critical files.

9. Isolation and security

Each Environment runs in its own Firecracker microVM with:

• A dedicated Linux kernel (not shared with other tenants).
• Separate network namespace with NAT-based outbound access.
• Seccomp system call filtering (BPF) blocking dangerous syscalls.
• Cgroup v2 resource limits enforcing CPU, memory, and process count caps.

While we employ industry-standard isolation measures, no system is perfectly secure. You acknowledge that cloud infrastructure carries inherent risks and agree not to store highly sensitive data (e.g., production database credentials, PII, PHI, financial records) in agend Environments without appropriate encryption and access controls.

10. Availability and SLA

• Free Trial and Developer plans: Best-effort availability. No uptime guarantee.
• Pro plan: We target 99.5% monthly uptime for Environment availability, excluding scheduled maintenance. This is a target, not a contractual guarantee.
• Enterprise plan: Custom SLA with uptime commitments, response time guarantees, and service credits as negotiated in your Enterprise agreement.
• Scheduled maintenance: We will provide at least 24 hours' notice for planned maintenance that may affect Environment availability.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• The service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Agend LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of profits, or business interruption, regardless of the theory of liability.
• Our total aggregate liability for any claims arising from or related to the service shall not exceed the amount you paid us in the 12 months preceding the claim.
• You acknowledge that AI agents operating in your Environment may perform actions with unintended consequences. You are solely responsible for the actions of AI agents you connect to your Environment.

12. Indemnification

You agree to indemnify, defend, and hold harmless Agend LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the service, (b) actions performed by AI agents connected to your Environment, (c) your violation of these Terms, or (d) your violation of any applicable law.

13. Termination

• By you: You may cancel your subscription and delete your account at any time.
• By us: We may suspend or terminate your account for violation of these Terms, non-payment, or if required by law. We will attempt to provide notice before termination, except in cases of severe or repeated abuse.
• Effect of termination: Upon termination, your access to Environments ceases immediately. Data is retained for 30 days per Section 8, then permanently deleted.

14. Service discontinuation

We reserve the right to discontinue the agend service, in whole or in part, at any time. In such event:

• Notice: We will provide at least 90 days' written notice via email to all active subscribers before discontinuing the service.
• Data export period: During the notice period, you will have full access to your Environments and may export all data using standard tools (shell_file_get, git, scp, rsync, etc.).
• Prorated refund: If you have prepaid for a period extending beyond the discontinuation date (e.g., annual billing), you will receive a prorated refund for the unused portion of your subscription.
• Data deletion: 30 days after the discontinuation date, all Environment data will be permanently and irrecoverably deleted.
• No further obligation: After the discontinuation date and data deletion, agend LLC has no further obligation to maintain, store, or make available any of your data or Environment contents.

15. Security breach notification

In the event of a security breach that affects your personal data or Environment contents:

• We will notify affected users via email within 72 hours of confirming the breach.
• The notification will include: the nature of the breach, the data potentially affected, steps we are taking to mitigate the impact, and recommended actions for you.
• We will cooperate with any applicable regulatory investigations.
• If the breach affects Environment contents, we will provide a detailed technical assessment of the scope and attack vector.

16. DMCA and copyright

We respect intellectual property rights. If you believe that content hosted in an agend Environment infringes your copyright, you may submit a DMCA takedown notice to hello@agend.sh including:

• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing and its location.
• Your contact information (name, address, email, phone number).
• A statement that you have a good faith belief that use of the material is not authorized.
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf.

Upon receipt of a valid DMCA notice, we will remove or disable access to the infringing material and notify the account holder.

17. Export controls

The service is operated from the United States. You may not use agend in violation of US export control laws or sanctions administered by the Office of Foreign Assets Control (OFAC). You represent that you are not located in, or a national or resident of, any country subject to US embargo (currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine), and that you are not on any US government restricted party list.

18. Force majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to: natural disasters, acts of war or terrorism, pandemics, government actions, power or internet outages, failures of third-party cloud providers (AWS, Cloudflare, Paddle), or cyberattacks. During a force majeure event, affected obligations are suspended for the duration of the event. If a force majeure event lasts longer than 60 days, either party may terminate the subscription with a prorated refund.

19. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or in-app notification at least 14 days before they take effect. Continued use of the service after changes take effect constitutes acceptance. If you disagree with changes, you may cancel your subscription before the effective date.

20. Governing law

These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved in the state or federal courts located in Wyoming. You consent to the personal jurisdiction of such courts.

21. Miscellaneous

• Entire agreement: These Terms, together with the Privacy Policy and any Enterprise agreement, constitute the entire agreement between you and agend.
• Severability: If any provision is found unenforceable, the remaining provisions remain in full effect.
• Waiver: Failure to enforce a provision does not constitute a waiver of our right to enforce it later.
• Assignment: You may not assign your rights under these Terms. We may assign ours in connection with a merger, acquisition, or sale of assets.

22. Contact

For questions about these Terms, contact us at hello@agend.sh.

Agend LLC
Wyoming, United States