Terms of Service

1. Agreement to terms

These Terms of Service (the “Terms”) are a binding agreement between you and TryAgent inc. (“TryAgent,” “we,” “us”) and govern your use of the TryAgent platform, websites, APIs, SDKs, and related services (the “Service”). If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization, and “you” refers to that organization.

If you do not agree to these Terms, do not use the Service.

We may require you to accept the current Terms, Privacy Policy, and DPA in-product before creating a workspace, accepting an invitation, creating an API key, or starting checkout. We may record the user, version, timestamp, source, IP address, and user agent associated with that acceptance.

2. The Service

TryAgent provides human-in-the-loop escalation infrastructure for AI agents — routing blocked decisions to human reviewers, recording decisions, and returning the result to your workflow. We may update, improve, or modify the Service over time. We will not materially reduce core functionality of a paid plan during a paid term without notice.

3. Accounts and eligibility

• You must provide accurate account information and keep it current.
• You are responsible for safeguarding your credentials and API keys and for all activity under your account.
• You must be at least 18 years old and not barred from using the Service under applicable law.
• Notify us promptly at security@tryagent.ai of any unauthorized use.

4. Plans, fees, and billing

• Paid plans renew automatically each billing period until cancelled. Base subscription fees are billed in advance, and metered usage (escalations / decisions) is billed in arrears, as described on our pricing page or the applicable order.
• Payments are processed by Stripe; by subscribing you authorize us to charge your payment method for all applicable fees and taxes.
• Fees are non-refundable except where required by law or expressly stated in a separate written agreement. Overage usage is billed at the per-unit rate for your plan.
• You may cancel a paid plan at any time. Unless the order states otherwise, cancellation takes effect at the end of the then-current billing period and you remain responsible for fees incurred before cancellation.
• We may change pricing for future billing periods with at least 30 days’ notice. If you don’t agree, you may cancel before the change takes effect.
• Failure to pay may result in suspension or termination after a grace period. You must raise billing disputes within 30 days after the applicable invoice date.

5. Acceptable use

You agree not to, and not to permit others to:

• use the Service to violate any law or third-party right, or to transmit unlawful, infringing, or harmful content;
• interfere with or disrupt the integrity or performance of the Service, or attempt to gain unauthorized access to it;
• reverse engineer, resell, or sublicense the Service except as expressly permitted;
• send excessive requests designed to circumvent rate limits or usage metering; or
• use the Service to make decisions that require professional licensure you do not hold, or in a manner that removes meaningful human review where the law requires it.
• use the Service as the sole or substantial factor for decisions that produce legal, financial, medical, employment, housing, credit, insurance, or similarly significant effects unless you have implemented all required notices, human review, appeal, risk assessment, recordkeeping, and compliance controls.
• submit protected health information, payment-card data, government identifiers, children's data, or other regulated sensitive data unless our written agreement expressly permits that data type and any required addendum, such as a business associate agreement, is in place.
• use the Service for emergency dispatch, safety-critical control systems, or situations where failure or delay could reasonably cause death, personal injury, or severe property or environmental damage.

You are responsible for configuring policies, selecting authorized reviewers, verifying reviewer authority, and deciding what your workflows do after a reviewer choice or timeout. TryAgent routes and records decisions; it does not replace your legal, compliance, security, or professional judgment.

6. Customer data

“Customer Data” means data you or your agents submit to the Service, including escalation questions, evidence, choices, and decisions. As between the parties, you own Customer Data. You grant us a limited license to process Customer Data solely to provide, secure, troubleshoot, and support the Service, including routing escalations, delivering notifications, generating audit records, and producing learned recommendations. Learned recommendations are on by default when the Service is configured with the applicable AI provider credentials, and use embeddings created from escalation questions and evidence. Our processing of personal data is governed by our Privacy Policy and, where applicable, our Data Processing Addendum.

You are responsible for the lawfulness of Customer Data and for having the rights, permissions, consents, and notices needed to submit it to the Service. We do not use Customer Data to train third-party foundation models for other customers unless you expressly agree otherwise in writing. AI providers may process Customer Data as subprocessors to provide embeddings, subject to our DPA and subprocessor list.

7. Third-party services

The Service integrates with third-party services you choose to connect (for example, Slack, email providers, and your own webhook endpoints). Your use of those services is governed by their terms, and we are not responsible for them. Learned recommendations rely on subprocessors and third-party AI providers as described in our subprocessor list. Optional analytics and observability providers process usage, device, route transition, and account/workspace identifier data only when optional analytics are allowed.

8. Intellectual property

We and our licensors own all rights in the Service, including software, documentation, and trademarks. Except for the limited rights expressly granted to you, no rights are transferred. Feedback you provide may be used by us without restriction.

9. Confidentiality

Each party may access the other’s confidential information. The receiving party will use it only to perform under these Terms and will protect it with at least reasonable care and no less than the care it uses for its own similar information. Confidential information includes non-public product, technical, security, business, pricing, and Customer Data. This does not apply to information that is public, independently developed, or rightfully received from a third party without a duty of confidentiality.

10. Service levels and availability

We strive for high availability but, except as set out in a separate written service-level agreement, the Service is provided without an uptime guarantee. Free-tier usage is provided as-is with no committed availability.

11. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TryAgent supports human decision-making and workflow resume; it is not legal, medical, financial, security, or other professional advice, and it is not a system of record for your regulated obligations unless a separate written agreement says otherwise. You remain responsible for decisions made, timeout paths configured, reviewers authorized, and actions taken through your agents or downstream systems.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, GOODWILL, OR DATA. EXCEPT FOR THE SUPER-CAPPED CLAIMS AND EXCLUDED CLAIMS BELOW, EACH PARTY’S TOTAL LIABILITY ARISING OUT OF THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

For claims arising from our data-security, data-protection, or Customer-Data confidentiality obligations under the DPA, our total liability will not exceed two times the amounts you paid to us in the 12 months before the event giving rise to the claim. The liability caps do not apply to payment obligations, either party’s indemnification obligations, infringement or misuse of the other party’s intellectual property, willful misconduct, gross negligence, or liability that cannot be limited by law.

13. Indemnification

You will defend and indemnify us against third-party claims arising from your Customer Data or your use of the Service in violation of these Terms, except to the extent caused by us.

We will defend and indemnify you against third-party claims alleging that the Service, as provided by us and used according to these Terms, infringes that third party’s intellectual property rights. We have no obligation for claims caused by Customer Data, third-party services, modifications not made by us, or use of the Service outside these Terms.

The indemnified party must promptly notify the indemnifying party of the claim, give reasonable cooperation, and allow the indemnifying party to control the defense and settlement. The indemnifying party may not settle a claim in a way that admits fault, imposes non-monetary obligations, or requires payment by the indemnified party without that party’s prior written consent. If the Service is, or in our reasonable opinion is likely to become, subject to an infringement claim, we may procure the right for continued use, modify or replace the affected Service, or terminate the affected Service and refund unused prepaid fees for the terminated portion.

14. Term and termination

These Terms apply while you use the Service. You may stop using the Service and cancel at any time. We may suspend or terminate access for material breach, non-payment, or to comply with law. On termination, your right to use the Service ends; provisions that by their nature should survive will survive. We will make Customer Data available for export for 30 days after termination, unless earlier deletion is required by law or requested by you. After that export period, we may delete Customer Data from active systems within 90 days and from backups in the ordinary backup cycle, typically within 180 days, subject to legal holds and security records we are required to retain.

15. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will provide notice (for example, by email or in-product). Continued use after the effective date constitutes acceptance.

16. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Delaware, United States, except that either party may seek injunctive relief in any court of competent jurisdiction.

17. Contact

Questions about these Terms? Contact us at legal@tryagent.ai.