Legal

    Terms of Service

    Last updated: November 5, 2026

    These Terms of Service (these "Terms") are a binding agreement between you and Webomax LLC, a Delaware limited liability company ("Webomax", "we", "us", "our"), whose address is 2810 N Church St PMB 93469, Wilmington, Delaware 19802-4447, United States. They govern your access to and use of Simurg, a product of Webomax LLC, including the website at simurg.me, the Simurg web application, its AI Agents and all related features and services (together, the "Service"). These Terms take effect on October 13, 2026.

    IMPORTANT NOTICE. PLEASE READ THESE TERMS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS.

    ARBITRATION AND CLASS ACTION WAIVER. SECTION 18 CONTAINS A BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS. EXCEPT FOR THE LIMITED EXCEPTIONS IN SECTION 18, YOU AND WEBOMAX AGREE TO RESOLVE DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, NOT IN COURT, AND YOU WAIVE ANY RIGHT TO A JURY TRIAL AND TO TAKE PART IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS EXPLAINED IN SECTION 18.9.

    AI AGENTS ACT ON YOUR BEHALF. Agents are AI software that you configure and direct. Depending on the settings you choose, Agents can act in the apps you connect, for example by sending emails and messages, publishing content, changing or deleting data, or starting payments and refunds, without asking you first. Every action an Agent takes is treated as your own action, and you are responsible for it (Section 4). AI output can be wrong, and approval prompts and automated risk checks can fail (Sections 4 and 5).

    AUTOMATIC RENEWAL. Paid Subscriptions renew automatically, monthly or annually, at the then-current price until you cancel. You can cancel online at any time, and cancellation takes effect at the end of the current billing period (Section 9).

    LIMITS ON OUR LIABILITY. The Service is provided "as is", and our liability to you is limited (Sections 15 and 16).

    How you accept these Terms. You accept these Terms when you click or tap a button or check a box that refers to them (for example, a "By continuing, you agree to the Terms and Privacy Policy" notice next to a sign-up or sign-in button), when you create an Account, when you buy a Subscription, or when you otherwise access or use the Service, whichever happens first. If you do not agree to these Terms, do not access or use the Service.

    Documents that form part of these Terms. Our Privacy Policy and our Data Processing Addendum (the "DPA") are incorporated into these Terms by reference. The Privacy Policy explains how we handle personal information for which we are the controller, and it lists our service providers and sub-processors in its section titled "Service providers and sub-processors". The DPA applies automatically, with no signature needed, whenever we process Customer Personal Data on your behalf. The Plan details shown on our pricing page at simurg.me/pricing and in the Service when you make a purchase also form part of your agreement with us for that purchase.

    A service for businesses. The Service is designed and offered for business and professional use (Section 2.2). Nothing in these Terms limits any right you have under mandatory law that cannot be waived or limited by contract.

    1. Definitions

    Capitalized terms have the meanings given below or where they are first defined. The same terms carry the same meanings in our Privacy Policy and our Data Processing Addendum.

    • "Account" means the account you register to access the Service, identified by your sign-in email address.
    • "Agent" means an AI agent made available through the Service, including: (a) the built-in Agents, such as CORE (chief of staff), VEGA (sales), ARIA (marketing), REED (content), ECHO (support), FLUX (operations), ORION (finance), NOVA (analytics) and LEX (legal and compliance); (b) ARCHITECT, the builder Agent that helps you set up and change your Workspace; and (c) any custom Agent that you or ARCHITECT create, and any built-in Agent that you edit or copy.
    • "Aggregated Data" means data derived from Usage Data or Customer Content that has been aggregated or de-identified so that it does not identify you, any Authorized User or any other individual, and does not reveal the substance of Customer Content.
    • "Authorized Users" means the individuals you allow to access or use the Service under your Account or in your Workspaces, to the extent the Service supports that access (see Section 2.8).
    • "Autonomy Settings" means the settings that control whether and when Agents act and whether they ask for your approval first, including each Agent's autonomy level, per-tool rules, the Connected Services each Agent may use, red lines, Routine on/off switches and triggers, schedules, working hours and token limits.
    • "Beta Feature" means any feature, Agent, model, integration or functionality that we identify as beta, preview, early access, experimental, "coming soon" or similar, or that we make available for evaluation.
    • "BYO Keys" ("bring your own keys") means API keys or other credentials for your own account with a Third-Party AI Provider that you add to the Service so that certain Agent work runs on, and is billed to, your account with that provider.
    • "Composio" means Composio, the third-party connector platform we use to connect Workspaces to many Connected Services and to run actions and receive events in them.
    • "Connected Service" means any third-party application, platform, API, data source or service that you connect to, use with, or receive data from through the Service, including apps connected through Composio, MCP Servers, and services that send data to your Routines by webhook or app event. A Third-Party AI Provider is not a Connected Service when we use it to provide the Service.
    • "Credits" means the units the Service uses to measure and limit the use of AI processing and certain other features (Section 9.6).
    • "Customer", "you" and "your" mean the individual who accepts these Terms or, if that individual accepts them on behalf of a company or other organization, that organization.
    • "Customer Content" means all data, content and materials that you, your Authorized Users or your Agents submit, upload, import, create or store in the Service, or that the Service receives at your direction from Connected Services or other third parties (including data sent to your webhooks and app events), including records, knowledge, files, messages, conversations, instructions, Agent and Routine configurations, skills and Output. Customer Content does not include Webomax Materials, Usage Data or Aggregated Data.
    • "Customer Personal Data" means personal data or personal information, as defined by applicable data protection law, contained in Customer Content that Webomax processes on your behalf, as further described in the DPA.
    • "Documentation" means the descriptions, guides, help text and plan information we make available in the Service or on our website.
    • "Fees" means the amounts payable for Subscriptions and any other paid features of the Service.
    • "Free Plan" means any Plan we offer without charge.
    • "MCP Server" means a server that uses the Model Context Protocol and that you add to the Service by URL so that Agents can call its tools.
    • "Output" means any content or result generated by an Agent or other AI-powered feature of the Service, including replies, drafts, deliverables, images, summaries, record entries and updates, knowledge entries, plans, classifications, scores, routing decisions and other automated judgments, and proposed actions.
    • "Plan" means a service plan for a Workspace (currently Free, Starter, Growth and Scale), with the features, limits and Credit allowance described on our pricing page and in the Service.
    • "Routine" means an automation in the Service that starts Agent work manually, on a schedule, when a record is created or changes status, when a Connected Service sends an event, or when a webhook is called.
    • "Safety Features" means features intended to reduce the risk of unwanted Agent actions or costs, including approval requests, automated risk checks, red lines, automatic approval of routine actions, holds on risky actions, screening of outside content for hidden instructions, the automated classification of tools as reads or writes, approval expiry, the "Halt all agents" switch, per-Agent pause, working hours, token limits, limits on how many tasks run at once, record locks and rate limits.
    • "Subscription" means a paid, recurring Plan for a Workspace, billed monthly or annually.
    • "Third-Party AI Provider" means a provider of AI models or AI-based services used to provide the Service, including OpenAI, Anthropic, Google, OpenRouter and the model developers and hosts to which OpenRouter routes requests, and TypeSafe, which provides the automated safety, routing and scoring checks used in the Service.
    • "Third-Party Content" means content that originates from third parties, including web pages, emails, files, messages, webhook payloads and data from Connected Services.
    • "Usage Data" means data about how the Service is accessed, used and performs, such as Credit and token consumption, costs, the models and features used, task and run outcomes, error rates, response times, approval and decline decisions and the scores and verdicts of automated checks, and similar metadata and telemetry. Usage Data does not include the substance of Customer Content.
    • "Webomax Materials" means the Service and all software, designs, interfaces, prompts, platform instructions, built-in Agent templates, skills, Routine templates and Documentation that we provide, all improvements and derivatives of them, and the Simurg and Webomax names, logos and trademarks.
    • "Workspace" means a separate business environment within your Account (for example, for one business you run), with its own Agents, Customer Content, Plan, Credits and billing.

    2. Eligibility, business use and accounts

    2.1 Age and capacity

    You must be at least 18 years old and able to form a binding contract to use the Service. The Service is not directed to anyone under 18, and anyone under 18 must not use it.

    2.2 Business and professional use only

    The Service is provided for business and professional purposes. By using it, you represent that you are using it in the course of a trade, business, craft or profession, and not primarily for personal, family or household purposes. If you are nonetheless treated as a consumer under applicable law, these Terms apply to you to the fullest extent that law permits, and nothing in them limits any consumer right that cannot be waived or limited by contract.

    2.3 Acting for an organization

    If you accept these Terms on behalf of a company or other organization, you represent and warrant that you have authority to bind it to these Terms, and "you" refers to that organization. If you do not have that authority, you are personally bound by these Terms and responsible for complying with them.

    2.4 Registration

    To use most of the Service you must create an Account. You agree that:

    • the information you give us is accurate, current and complete, and you will keep it up to date (if you need to change your sign-in email address, contact us at info@simurg.me);
    • you will register with a valid email address that you control. Temporary or disposable email addresses are not allowed, and we block sign-ups from known disposable email domains;
    • you may sign in with an email address and password or, where we offer it, with your Google account, in which case Google's terms also apply to your use of Google sign-in;
    • an Account must be registered by an individual human being, not by a bot or other automated means; and
    • we may refuse any registration, or limit or close any Account, at our discretion, including to prevent fraud and abuse.

    2.5 One person, one free allowance

    You must not create more than one Account, or use more than one email address, alias or inbox, to obtain additional free Credits, additional Free Plan Workspaces or any other benefit meant to be given once. To enforce this, we compare normalized email addresses (for example, ignoring capital letters, "+" tags and, for Gmail addresses, dots) and keep records of free grants, as described in our Privacy Policy. If we believe you have breached this Section 2.5, we may refuse or withdraw the benefit, charge you for it at our standard price, and suspend or close the Accounts involved.

    2.6 Your credentials and account security

    You must keep your password and other sign-in credentials confidential, use a strong password that you do not use elsewhere, and not share your credentials with anyone. You are responsible for all activity under your Account and in your Workspaces, whether or not you authorized it, including every action of every Agent. Notify us immediately at info@simurg.me if you suspect unauthorized access to your Account. If the Service offers additional sign-in security features, we recommend you use them.

    The Service keeps your sign-in session, and some working data such as unsent drafts and temporary file links, in your browser's storage. Sign out on shared or public devices, and use "Sign out everywhere" in Settings › Your account if you think your Account may be compromised. To the extent permitted by law, we are not liable for any loss caused by the unauthorized use of your credentials or devices, except to the extent caused by our breach of Section 13.

    2.7 Workspaces

    Your Account may own one or more Workspaces. Each Workspace has its own Plan, Credits, Subscription, payment details and invoices, and Plans, Credits and Subscriptions cannot be transferred or pooled between Workspaces. Only one Workspace per Account may be on the Free Plan at a time; additional Workspaces need a paid Plan. The Account that creates a Workspace owns it and is responsible for it. The Service does not currently let you transfer a Workspace to another Account. If you need a transfer (for example, because you sold a business), contact us; we may ask for documents showing the transfer is authorized, and we are not obliged to make it.

    2.8 Authorized Users

    Today, each Workspace has a single owner, and the Service does not offer team seats, invitations or roles. Until it does, you must not share your credentials, and anyone who uses your credentials acts on your behalf and under your responsibility. If we make features available that let you give other people access to your Account or Workspaces, then: (a) those people are your Authorized Users; (b) you are responsible for making sure they are at least 18, comply with these Terms and use the Service only for your benefit; (c) you control and may remove their access; and (d) their acts and omissions, and the actions of Agents they direct, are treated as yours.

    2.9 Identity verification and account recovery

    We may ask you to verify your identity, for example when you ask to recover your Account, make a data request or dispute a charge. If you cannot access your Account, contact us at info@simurg.me. We may decline to restore access or act on a request if we cannot verify that you are entitled to it.

    3. The Service

    3.1 What the Service does

    Simurg is an AI business operating system. Within each Workspace you can hire built-in Agents and create custom Agents; keep records (such as leads, contacts, customers, tickets and invoices) and a knowledge base; give Agents tasks and chat with them; set up Routines; connect Connected Services so that Agents can read information and act in them; have Agents produce deliverables and images; and control how independently each Agent works. Features and limits vary by Plan.

    3.2 AI models and providers

    The Service relies on AI models from Third-Party AI Providers. Unless an Agent runs on your BYO Keys, we choose which models and providers do the work. In the Service these may appear as tiers such as "Standard" and "Advanced", or as "Simurg AI"; these names refer to third-party models that we select and run on our own provider accounts. Webomax does not develop its own foundation AI models.

    We may change the models and providers we use at any time, with or without notice, including by switching to a model from a different provider. If a model or provider fails or is unavailable, the Service may automatically send the request to a different model or provider. Model changes can change the quality, behavior and speed of Output and the number of Credits that work consumes. Some features always use providers we choose, even if you use BYO Keys (Section 7.9).

    3.3 Changes to the Service

    We are continuously developing the Service. We may add, change, suspend or remove any feature, Agent, template, integration, model, limit, Safety Feature or Documentation at any time, including the instructions and settings that govern how built-in Agents behave. Where a change materially reduces the core functionality of a paid Subscription, we will try to tell you in advance where practicable, and if you do not wish to continue you may cancel your Subscription under Section 9.4. You agree that your purchases are not based on the expectation of any future feature or functionality, or on any public or private statement about future features.

    3.4 Beta Features

    We may offer Beta Features, such as the page through which you can authorize third-party applications to access your Account (Section 7.10). Beta Features are provided "as is" and "as available", may be incomplete, may contain errors, may not work at all, and may be changed, limited or discontinued at any time without notice. They are not covered by any commitment we make about the Service, may be subject to additional terms we tell you about, and non-public information about them is Webomax Confidential Information (Section 12). To the maximum extent permitted by law, you use Beta Features at your own risk.

    3.5 Free Plan

    The Free Plan lets you try the Service without paying. On the Free Plan:

    • Free Credits are a one-time grant. A new Workspace on the Free Plan receives a one-time grant of Credits in the amount shown on our pricing page when the grant is made. Unless we decide otherwise, the grant is given only once per person, meaning once per Account and once per email inbox, and it does not renew. A later Free Plan Workspace, or a new Account created with the same inbox, may receive no free Credits. When the free Credits are used up, you need a paid Plan to continue AI work.
    • One free Workspace at a time. You may have only one Workspace on the Free Plan at a time.
    • Feature limits apply. The Free Plan has lower limits (for example, on Agents, records, knowledge pages, connected apps, storage and tasks that run at once) and excludes some features (for example, BYO Keys, the Advanced model tier and weekly team summaries), as described on our pricing page and in the Service.
    • Automatic Routines may pause. To protect your Credits and our resources, automatic Routines on the Free Plan pause when the Workspace has not been opened for a period of time, when its Credit balance falls to a reserve kept for work you ask for, or when a daily limit on incoming app events is reached. While Routines are paused, app-event watchers are switched off, and items that arrive may be skipped and are not processed later. Running a Routine yourself with "Run now" still works. The current thresholds are shown in the Service.

    We may change, limit, suspend or discontinue the Free Plan at any time, including the amount of free Credits given in future grants and, on reasonable notice, unused free Credits. We may also close Free Plan Accounts and Workspaces under Section 10.3.

    3.6 Plan limits, fair use and rate limits

    Each Plan has the limits shown on our pricing page and in the Service, and the Service enforces them automatically. Where a Plan is described as "unlimited" for an item, the Plan sets no fixed numeric limit for that item, but your use remains subject to fair use, to technical limits that apply to every Plan (such as the maximum number of tasks that run at once, limits on how many times per hour each Routine can be started from outside, and file-size and storage limits), and to these Terms. We may throttle, queue or rate-limit use, or ask you to move to a different Plan, if your use is excessive or abusive or threatens the stability of the Service or our providers. If you move to a Plan whose limits you exceed, you keep what you already have but cannot add more until you are back under the limit.

    3.7 Availability, interruptions and notifications

    We do not promise that the Service will be available at any particular time, and we offer no uptime commitment or service level agreement. The Service may be interrupted for maintenance or updates, or because of failures of our hosting, AI, connector or other providers. Tasks, chats and Routine runs can fail, time out or be cut off, including by the processing time limits of our hosting providers. A task can stop partway through, after some of its actions have been carried out and before others. The Service may or may not retry failed work.

    The Service currently tells you about approval requests, questions from Agents, failures and summaries only inside the Service. We do not promise to send these by email, text message or push notification. You should check the Service regularly (Section 4.9).

    3.8 Support

    You can contact us for support at info@simurg.me. We will make reasonable efforts to respond, but we do not commit to any response or resolution time. To help you, we may need to access your Account and Customer Content (Section 6.6); by asking for support, you authorize that access for that purpose.

    4. AI Agents, autonomy and your responsibility

    4.1 Agents are tools you configure and direct

    Agents are software. They generate Output and take actions automatically, based on your instructions, your Autonomy Settings, your Customer Content, Third-Party Content and the behavior of the AI models they run on. Agents are not people, are not your or our employees or contractors, and are not licensed professionals. Despite their name, Agents are not legal agents of Webomax, and Webomax does not act as your agent, fiduciary, broker or representative. You decide which Agents to hire, what they can access, what they are asked to do and how independently they act.

    4.2 Agent actions are your actions

    Every action an Agent takes or starts through the Service is taken on your behalf and is deemed to be your action. You are responsible for it, and for its consequences, as if you had taken it yourself. This applies whether the action happens in the Service, in a Connected Service or MCP Server, through your BYO Keys, through a Routine, schedule or webhook, or in response to Third-Party Content; whether or not you reviewed, approved or knew about it; and whether or not the Agent did what you intended. It includes messages and emails sent from your accounts, content published, records and files changed or deleted, bookings, purchases, payments, refunds, and any agreement or commitment an Agent makes.

    To the extent permitted by law, communications sent and transactions entered into by an Agent are attributable to you and binding on you as if you had sent or entered into them yourself, including under laws that govern electronic signatures and automated "electronic agents", such as the federal Electronic Signatures in Global and National Commerce Act and the Uniform Electronic Transactions Act as adopted in the applicable state. Other than through the automated Safety Features, Webomax does not review or approve Agent actions before they happen.

    4.3 Autonomy levels and per-tool rules

    Each Agent has an autonomy level that you choose. New Agents start on "Auto", the least restrictive level, and you can change any Agent's level at any time.

    Autonomy levelWhat it means
    Ask me firstThe Agent asks for your approval before each action in a Connected Service or MCP Server, except reads, the built-in actions described in Section 4.4, and tools you set to "Always allow".
    Ask unless it's routineBefore asking you, the Service runs an automated, AI-based assessment of the action. Actions it judges routine and low-risk run without asking and are listed in the Service as having run without asking. The rest wait for your approval. We may withdraw or change this level.
    Auto (default for new Agents)Actions run immediately without asking, including actions that cannot be undone, such as sending an email, unless an automated check holds an action it judges risky or you have set the tool to "Always ask".

    You can also set rules for individual tools of a Connected Service: "Always allow" (the tool runs without asking, at every level), "Always ask" (the tool always waits for approval) and "Blocked" (Agents cannot use the tool). Per-tool rules are not available for every type of tool; for example, tools on MCP Servers follow the Agent's autonomy level and the automated read-or-write classification described in Section 4.4.

    New Agents start on "Auto". By leaving an Agent on "Auto", by choosing "Ask unless it's routine", or by setting a tool to "Always allow", you authorize that Agent to take the covered actions without asking you first, including actions that cannot be undone, and you accept the risks of doing so. The Service is designed so that only you, and not Agents, can change an Agent's autonomy level, per-tool rules, red lines and the "Halt all agents" switch. Agents such as ARCHITECT can, however, create and change other parts of your Workspace when you ask them to, including Routines (Section 4.6).

    4.4 Actions that run without an approval request

    At every autonomy level, including "Ask me first", the following run without an approval request:

    • reads, meaning actions that look up, list, search or retrieve information in Connected Services and MCP Servers;
    • built-in actions inside the Service, including creating and updating records and their statuses, saving deliverables, saving new knowledge entries, fetching public web pages, generating images (which consume Credits), delegating work to other Agents and creating subtasks, and sending internal messages and notifications; and
    • any other action that the Service identifies as not needing approval.

    Changing one of your existing knowledge entries asks you first. The Service decides automatically whether a tool reads or writes, based on rules applied to the tool's name. This classification can be wrong, so a tool that changes, sends or creates something may be treated as a read and run without approval. Statements in the Service or on our website that actions "wait for your approval" describe the "Ask me first" setting for actions in Connected Services and are subject to this Section 4.4.

    4.5 Agents' access to Connected Services

    When you connect a Connected Service to a Workspace, every Agent in that Workspace can use every action that the integration makes available, which can include sending, publishing, deleting, refunding and charging, unless you switch that Connected Service off for an Agent or set the relevant tools to "Blocked". Agents act with the permissions of the account you connected. Connect only accounts, and grant only permissions, that you are willing to let Agents use. Where possible, use dedicated accounts with limited permissions.

    4.6 Routines and automatic work

    Routines start Agent work without you being present: on a schedule, when a record is created or changes status, when a Connected Service sends an event, when a webhook is called, or when you run them. Actions inside a Routine follow the Autonomy Settings of the Agent doing the work. You are responsible for how you set up triggers, schedules, conditions and cases, and for the volume and cost of the work that results.

    A Routine's decision step uses an automated AI judgment to choose which case fits an incoming item. If the judgment is unsure, the item is parked for a person. Items that fit no case may be ignored, unless you set the Routine to ask you instead. These judgments can be wrong (Section 5.4).

    ARCHITECT can create Routines when you ask it to. Scheduled Routines it creates start switched off. Other Routines it creates, such as Routines triggered by records, may be switched on as soon as they are created. Review every Routine that ARCHITECT creates or changes.

    Some work runs automatically without a request from you each time. For example, on eligible Plans, weekly team summaries are on by default and consume Credits. You can change this in Settings › Notifications.

    4.7 Safety Features are conveniences, not guarantees

    Safety Features are conveniences that may reduce risk. They are not guarantees, they can fail, and they do not shift any responsibility to Webomax. In particular:

    • Automated checks are AI-based and probabilistic. Risk assessments, holds, automatic approval of routine actions, screening of outside content and checks of finished work can be wrong in both directions: they can let a harmful action through or stop a harmless one.
    • Red lines are checked by AI, not enforced as fixed rules. A breach may not be detected.
    • We may change, suspend or switch off any Safety Feature at any time, including the automated checks that other features rely on. When a check is switched off or unavailable, features that depend on it (such as red lines, holds and "Ask unless it's routine") may stop working or work differently.
    • "Halt all agents" is not instant. It stops new and queued runs from starting, but it does not interrupt a run already in progress. Webhook calls and app events that arrive while it is on are skipped and are not processed later. Stopping an individual task takes effect between steps, and it does not undo actions already taken.
    • Approval requests expire. If you do not answer an approval request within the period shown in the Service (currently 72 hours by default), the request expires and the proposed action is cancelled. An expired request is never treated as approval.
    • Token limits are limited. They only warn you unless you choose "Stop new jobs", apply only to task runs (not to chats or other features), and do not cap Credits consumed in other ways.
    • Other controls reduce, but do not remove, risk. Limits on how many tasks run at once, record locks and rate limits are designed to reduce duplicate actions and runaway costs, but they do not prevent them.

    You remain responsible for every Agent action under Section 4.2, whether or not a Safety Feature was available, switched on or working.

    4.8 Third-Party Content and prompt injection

    Agents read Third-Party Content such as emails, web pages, files, webhook payloads and Connected Service data. Third-Party Content can contain hidden or malicious instructions designed to manipulate AI systems ("prompt injection"), as well as false information, harmful links and attempts to extract your data. The Service screens some outside content and, when it flags content, makes outside actions in that run wait for your approval, but this screening is AI-based and imperfect. Webomax is not responsible for any action, disclosure or Output caused by Third-Party Content. Limit the Connected Services and data that each Agent can reach, and keep approvals on for sensitive actions, especially for Agents that read content from people you do not know.

    4.9 Your duty to supervise and review

    You must monitor your Workspaces regularly, respond to approval requests, review Output and the actions Agents have taken (including actions listed as having run without asking, and activity and task history), and act promptly when something goes wrong. You are responsible for keeping each Agent's Autonomy Settings appropriate to the risk of its work. When you approve an action, review exactly what will be done. Your approval, including any edits you make before approving, authorizes that action as shown.

    4.10 Outbound communications and marketing laws

    Agents can draft and, depending on your Autonomy Settings, send emails, messages, posts, direct messages, texts and other communications through your Connected Services. These communications come from your accounts, and you are the sender, advertiser and initiator of them. You are solely responsible for complying with all laws and rules that apply to them, including, as applicable, the CAN-SPAM Act; the Telephone Consumer Protection Act and FCC rules; the Telemarketing Sales Rule and do-not-call registries; state anti-spam, telemarketing and consumer protection laws; Canada's Anti-Spam Legislation; the GDPR and UK GDPR; the EU ePrivacy Directive and national laws implementing it; the UK Privacy and Electronic Communications Regulations; advertising and endorsement rules; and the rules of messaging platforms and carriers. This includes obtaining any required consent, identifying yourself as the sender, including any required postal address, offering and honoring opt-outs, keeping suppression lists, respecting time-of-day and frequency restrictions, and keeping required records.

    The Service does not provide unsubscribe handling, suppression lists, consent records, sender address footers or similar compliance tools. If you need them, you must put them in place yourself, for example in your Connected Services. Built-in Agents and Routine templates that draft outreach are provided for convenience and do not mean that any communication is lawful. Many platforms, including social networks and marketplaces, restrict automated activity; you are responsible for complying with their rules, and Webomax is not responsible if a platform limits or suspends your account.

    4.11 AI disclosure and transparency

    Agents may communicate with your customers and other people in your name. The Service does not automatically disclose that a message was written by AI or label content as AI-generated. You are solely responsible for deciding whether and how to disclose the use of AI and to label AI-generated content, and for meeting every legal requirement that applies, such as California's bot disclosure law (the Bolstering Online Transparency Act), Utah's Artificial Intelligence Policy Act and other US state laws on AI disclosure, the transparency obligations in Article 50 of the EU AI Act, consumer protection laws and platform rules. You must not use Agents to deceive anyone about whether they are dealing with a human where the law requires disclosure or where the deception would be unlawful.

    4.12 Scoring, profiling and consequential decisions

    Features such as "Score with AI", automated triage, routing and ranking can evaluate records about people, such as leads, applicants or customers. Scores and similar judgments are AI-generated estimates based on your criteria and the data available. They can be inaccurate or biased, and they must not be the only basis for a decision about a person. You are responsible for how you use them, including for any notice, human review, opt-out, explanation, appeal, impact assessment or bias audit required by law (for example, Article 22 of the GDPR, US state privacy laws and their rules on automated decision-making, state AI laws such as Colorado's, and laws on automated employment decision tools).

    Unless Webomax has agreed otherwise in a separate written agreement signed by an authorized representative, you must not use the Service to make, or as a substantial factor in making, any decision that produces legal or similarly significant effects on an individual, including decisions about employment (such as hiring, firing, promotion or pay), credit or lending, housing, insurance, education, healthcare, legal services, access to essential goods or services, or government benefits. You also must not use the Service to create or use "consumer reports" regulated by the Fair Credit Reporting Act.

    4.13 Editing Agents and removing safeguards

    You can edit built-in Agents (which creates your own copy) and custom Agents, including their instructions. Built-in Agents include instructions intended to reduce risk, for example LEX's instruction not to act as licensed counsel and ORION's instruction not to move money. These are instructions to an AI model, not guarantees that the model will follow them. If you edit or remove them, or give instructions that conflict with them, you are solely responsible for the result.

    4.14 Our right to intervene

    We may, but are not obliged to, block, delay, hold or refuse any Agent action, Routine or request, or pause Agents, if we reasonably believe it breaches these Terms or the policies of a Third-Party AI Provider or Connected Service, is unlawful, or creates a security, legal or operational risk. We have no obligation to monitor Agents or Customer Content, and our not intervening is never approval of an action.

    5. Outputs and AI limitations

    5.1 The nature of Output

    Output is generated by AI models that work on probabilities. Output may be inaccurate, incomplete, out of date, misleading, biased, offensive or otherwise inappropriate, and it may infringe the rights of others. It may contain invented facts, figures, quotes, citations, names or laws, may not follow your instructions or your knowledge base, and may misread your records or Connected Service data. The same request can produce different Output at different times, and Output generated for you may be similar or identical to Output generated for others.

    5.2 Review before you rely on Output

    You must evaluate Output for accuracy and suitability for your purpose, including through human review where appropriate, before you use, rely on, publish or send it, or let an Agent act on it. You are responsible for all use of Output.

    5.3 No professional advice

    Output is not legal, financial, investment, tax, accounting, audit, medical, health, psychological, human resources, employment, insurance, engineering or other professional advice, and it is not a substitute for advice from a qualified, licensed professional. This applies to all Agents, including LEX, ORION and any custom Agent.

    • LEX is not a lawyer. Webomax is not a law firm and does not provide legal services. Using LEX does not create an attorney-client relationship with Webomax or anyone else, and your communications with LEX may not be protected by attorney-client privilege or work-product protection. Consult a licensed attorney before you sign, file or rely on any legal document or position.
    • ORION is not an accountant, auditor, tax adviser, financial adviser, broker-dealer or investment adviser. Its figures, reports and suggestions may be wrong, are not tax filings or audited statements, and are not investment advice. Have a qualified professional check anything you rely on.
    • The Service is not a medical device and must not be used for diagnosis, treatment or emergencies.

    If you provide professional or regulated services to your own clients using Output, you are responsible for those services and for holding any required licenses.

    5.4 Automated judgments

    The Service uses AI to make automated judgments that affect how work proceeds. For example, it may prioritize tasks and decide how much effort to spend on them; pick skills, apps, tools, knowledge and teammates for a job; decide whether an action is routine or risky and whether to hold it; screen outside content; check whether a finished task's summary matches your records and send the task back for review; choose a case for an incoming Routine item or ignore it; and score records. These judgments can be wrong. They may misprioritize, ignore, skip or misroute items, hold safe actions, allow risky ones, or mark work incorrectly. They are part of the Service that you configure and use for your own business purposes; they are not decisions made by Webomax about you or anyone else.

    5.5 Images and synthetic media

    The Service can create and edit images, including from images you provide or from images at public web addresses. If you or an Agent ask for it, generated images may depict real people, brands or protected works. You must have all rights and consents needed for every reference image and for any person, brand or work depicted, including rights of publicity and privacy, and you must comply with the Acceptable Use Policy in Section 8. The Service does not add watermarks or labels identifying images as AI-generated. You are responsible for labeling AI-generated or manipulated images where the law requires it (for example, the deep fake disclosure rule in Article 50 of the EU AI Act) and for clearing rights before you use or publish an image.

    5.6 No guarantee of results; illustrations

    We do not promise that the Service or any Output will achieve any result, including any revenue, leads, sales, savings, productivity gain, time saved, response time or other business outcome. Examples, demonstrations, simulations, sample figures and metrics on our website and in the Service (for example, the animated "live" workforce illustration on our homepage and its example business figures) are illustrative only and do not show real customers, real Agents or real results. Estimates of how many Credits typical work consumes are estimates only. Descriptions on our website or in the Service of Agents working "24/7" or "around the clock", or of actions waiting for your approval, are general descriptions of the Service's design and default settings. They are subject to these Terms, including your Autonomy Settings (Section 4) and Section 3.7.

    6. Customer Content and data

    6.1 Your ownership of Customer Content

    As between you and Webomax, you keep all rights you have in your Customer Content. We do not claim ownership of it.

    6.2 Ownership of Output

    Subject to your compliance with these Terms and to the rights of others, as between you and Webomax, you own the Output generated for your Workspaces, and Webomax assigns to you any right, title and interest it may have in that Output. This does not transfer to you any Webomax Materials or third-party material that appears in Output. Because of the nature of AI, Output may not be protectable by copyright or other intellectual property law, may be similar to Output generated for others, and may resemble material in which others hold rights. We give no warranty that Output is owned by you, original, unique, protectable or non-infringing.

    6.3 License you give us

    You grant Webomax a worldwide, non-exclusive, royalty-free license, for as long as we hold Customer Content under these Terms, to host, store, copy, transmit, process, display, adapt, reformat and create derivative works of Customer Content, solely as needed to:

    • (a) provide, maintain and support the Service, including sending Customer Content to Third-Party AI Providers, Composio, Connected Services, MCP Servers and our other service providers as your use and settings direct;
    • (b) secure the Service, and prevent, detect and investigate fraud, abuse, security incidents and breaches of these Terms;
    • (c) run automated checks, and review the limited content excerpts that those checks record, to operate the checks and evaluate their quality and safety (Section 6.6);
    • (d) diagnose, debug and fix problems;
    • (e) create Usage Data and Aggregated Data;
    • (f) comply with law and legal process, and enforce these Terms; and
    • (g) do anything else you instruct or authorize.

    We may sublicense these rights only to our service providers and sub-processors, and only for these purposes. This license ends when the Customer Content is deleted under these Terms and the Privacy Policy.

    6.4 Processing by our service providers and Third-Party AI Providers

    To provide the Service, we send Customer Content to the service providers and sub-processors listed in the "Service providers and sub-processors" section of our Privacy Policy. Depending on what you use, this includes: hosting providers that store and process your Workspace data; AI model providers that do Agent work (on our accounts, or on yours if you use BYO Keys) and related work such as conversation titles, weekly summaries and knowledge proposals (always on our accounts); TypeSafe, which receives content such as tasks, conversations, knowledge passages, attachments, fetched web pages, Connected Service and MCP Server results, proposed actions, red lines, incoming Routine items and record fields, in order to run automated safety, routing and scoring checks; OpenAI, which receives knowledge text, Agent memory notes and search queries to create search embeddings; OpenRouter, which receives image prompts and reference images for image generation; and Composio, which runs connections and actions in Connected Services. Some files are sent to AI providers as temporary links, valid for up to one hour, instead of as the file itself. Customer Content is stored and processed in the United States, and it may also be processed in other countries where our service providers, or the model developers and hosts that OpenRouter routes requests to, operate. You instruct and authorize us to make these transfers and disclosures.

    6.5 No training by Webomax; provider practices

    We do not use Customer Content to train or fine-tune artificial intelligence or machine learning models, whether ours or anyone else's. We do not sell Customer Content, and we do not sell personal information or share it for cross-context behavioral advertising.

    Third-Party AI Providers process content under their own terms. For the commercial API services we use, those terms generally do not permit the provider to train its models on API data by default, but providers may keep data for a limited period for purposes such as safety and abuse monitoring, and terms differ between providers and change over time. OpenRouter routes requests to various model developers and hosts, whose terms and data practices may differ. We do not control, and are not responsible for, the practices of Third-Party AI Providers. When Agent work runs on your BYO Keys, your own agreement with that provider governs it.

    6.6 Access by Webomax personnel

    Authorized Webomax personnel may access Customer Content only where needed: (a) to provide support at your request; (b) for security, and to prevent, detect and investigate fraud and abuse; (c) to maintain, debug and fix the Service; (d) to review the limited excerpts of content that our automated checks record, in order to evaluate and improve the accuracy of those checks (the Service deletes these excerpts after 30 days); (e) to comply with law or legal process; and (f) to enforce these Terms. Our personnel can also see certain operational information across Workspaces, such as Workspace names, task and Routine titles, error messages, and usage and billing data. We limit this access to personnel who need it for these purposes.

    6.7 Usage Data and Aggregated Data

    We may collect and use Usage Data, and create and use Aggregated Data, to operate, secure, support, price and improve the Service, including to measure costs and set prices and Credit rates, to monitor performance and reliability, and to calibrate the rules and thresholds of our automated checks (for example, by comparing their results with your approve and decline decisions). As between you and Webomax, Webomax owns Aggregated Data. We may share Aggregated Data with others, but only in a form that does not identify you or any individual. Our handling of personal information within Usage Data is described in our Privacy Policy.

    6.8 Feedback

    If you give us suggestions, ideas, comments or other feedback about the Service ("Feedback"), you grant Webomax a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable and sublicensable license to use, disclose, modify and otherwise exploit that Feedback for any purpose, without restriction or compensation to you. Feedback is not confidential, and we are not obliged to use it. Feedback does not include your Customer Content.

    6.9 Your responsibilities for Customer Content

    You are solely responsible for Customer Content and for how you collect, use and share it through the Service. You represent and warrant that, throughout your use of the Service:

    • (a) you have all rights, licenses, consents and permissions needed to provide Customer Content to us, to have it processed as described in these Terms and the DPA, and to grant the licenses in these Terms;
    • (b) you have collected all personal data in Customer Content lawfully, and you have given every notice, obtained every consent and have every other lawful basis needed for that data to be processed through the Service, including its disclosure to Third-Party AI Providers, Composio and our other sub-processors, and its transfer to and processing in the United States and the other countries described in Section 6.4;
    • (c) your notices to the people whose data you put into the Service, including the people who contact you, submit forms that feed your webhooks, or receive messages from your Agents, are accurate and complete about your use of AI and of service providers such as us;
    • (d) Customer Content, and your and your Agents' use of it, does not breach any law, any third party's rights (including intellectual property, privacy and publicity rights) or any duty of confidentiality, and complies with Section 8; and
    • (e) you will keep Customer Content accurate where accuracy matters to the people it concerns.

    The Service stores data that arrives at your webhooks and through app events (subject to size limits) as part of your Customer Content, including items that your Routines skip or ignore. You are responsible for that data in the same way as any other Customer Content.

    6.10 Prohibited sensitive data

    Unless Webomax has agreed otherwise in a separate written agreement signed by an authorized representative, you must not upload, import, collect or otherwise process any of the following through the Service (together, "Sensitive Data"):

    • (a) protected health information under HIPAA. Webomax is not a "business associate" and does not sign business associate agreements;
    • (b) payment card data, such as full card numbers, card security codes or other data covered by the PCI Data Security Standard (other than when you pay us through our payment processor's own pages);
    • (c) government-issued identification numbers or documents, such as Social Security numbers, passport numbers, driver's license numbers, national identity numbers and images of identity documents;
    • (d) financial account numbers together with any code or password that allows access to the account, and passwords or other credentials for anyone else's accounts;
    • (e) biometric data or identifiers, and genetic data;
    • (f) personal data of children under 13, or under the age of digital consent where they live;
    • (g) other special categories of personal data or sensitive data, including data about health, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sex life or sexual orientation, citizenship or immigration status, precise geolocation, and criminal convictions or offenses; and
    • (h) information subject to export controls that requires a license to export, and classified information.

    If you or your Agents process Sensitive Data through the Service anyway, you do so at your sole risk and responsibility. To the maximum extent permitted by law, Webomax has no liability for that Sensitive Data or for any failure to meet requirements that apply specifically to it. We may delete Sensitive Data or suspend the affected Workspace, and you will indemnify us under Section 17.

    6.11 Data protection roles and the DPA

    When we process Customer Personal Data, we do so as your processor (or "service provider" or "processor" under US state privacy laws), on your behalf and on your documented instructions. Those instructions are these Terms, the DPA, and your use and configuration of the Service. You are the controller (or "business") of Customer Personal Data and are responsible for complying with the data protection laws that apply to controllers, including giving notices, obtaining consents, having a lawful basis and responding to requests from the people concerned. People who want to exercise rights over data that a customer has put into Simurg should contact that customer. If they contact us, we will refer them to you where we can identify you, and we will help you respond as set out in the DPA. The Data Processing Addendum is part of these Terms and applies automatically. For information about you as our customer, such as account, billing, website and usage information, we act as a controller, as described in our Privacy Policy.

    6.12 Public and shareable items

    • Agent avatar images are public. Images you upload as Agent avatars are stored so that anyone with the image's web address can view them without signing in, and they may be cached. Do not upload confidential images, or images of real people without their permission. Uploaded avatar images may not be deleted automatically when you delete an Agent, Workspace or Account; contact us at info@simurg.me to have one removed.
    • File links work for a limited time for anyone who has them. Private files are shown and downloaded through temporary signed links. Anyone who has such a link can open the file until it expires (up to one hour), and the Service may include these links in requests to Third-Party AI Providers and Connected Services. Do not share them.
    • Photo metadata is not removed. The Service does not remove metadata, such as location data, from photos you attach. Remove it before uploading if you do not want it processed.

    6.13 Retention, export and deletion

    We keep Customer Content until you delete it, or delete the Workspace or your Account, except as described in this Section, Section 10 and our Privacy Policy.

    • Keep your own copies. The Service is not a backup or archive service. You are responsible for keeping copies of any Customer Content you need.
    • Export tools are limited. The Service offers some self-serve export tools, such as downloads of individual files and deliverables. These tools do not cover all Customer Content (for example, records, Agents, tasks, knowledge, conversations, uploaded files and history) and may be subject to size limits. For anything else, contact us at info@simurg.me, and we will respond as required by applicable law and the DPA.
    • Deleting an item may not delete every copy of it in your Workspace. For example, earlier versions can remain in version history; past values can remain in record and task history; text extracted from a file can remain in a conversation; files uploaded in a conversation can remain after you delete the conversation; and approval cards, inbox items, activity entries and Routine run logs can remain. These copies are deleted when you delete the Workspace.
    • Fired Agents can be restored for 30 days. After that, they and their memory are permanently removed, but the work they produced (such as tasks, outputs, records and activity) stays in your Workspace.
    • Workspace and Account deletion is covered in Section 10.5.
    • Copies outside the Service are not affected by deletion in the Service. This includes data in your Connected Services, data kept by Third-Party AI Providers or Composio under their terms, and messages already sent to recipients.

    6.14 Removal of content

    We may remove or disable access to any Customer Content that we reasonably believe breaches these Terms or the law, or creates a risk to the Service, to us or to others. Where practicable and lawful, we will tell you. We have no obligation to monitor or review Customer Content.

    7. Connected Services, Composio, MCP Servers, webhooks, Third-Party AI Providers and BYO Keys

    7.1 Connected Services generally

    Connected Services are optional, and you choose which ones to use. Your use of each Connected Service is governed by your agreement with its provider, not by these Terms. We do not control Connected Services and, except as expressly provided in the DPA, we are not responsible for their availability, security, data handling, acts or omissions, or for changes to their features, APIs, permissions, prices or terms. The availability of an app in the Service's catalog (which includes a large number of apps offered through Composio) is not an endorsement and does not mean that every feature works with it. We may stop supporting any Connected Service at any time. You are responsible for complying with the terms of each Connected Service, including any limits on automation, API use and data use, and for any fees its provider charges you.

    7.2 Your authorization

    When you connect a Connected Service, you authorize Webomax, Composio and our other sub-processors to access, retrieve, store, process and transmit data in it, and to take actions in it on your behalf with the permissions you grant, as needed to run what you configure in the Service, including Agent actions, Routines and app-event watchers. You represent that you have authority to grant this access, including where the account belongs to your employer, a client or another person. The permissions requested are shown on the consent screen of the provider or of Composio, not by Simurg. Review them carefully, and grant the narrowest access that meets your needs. Data that the Service retrieves from Connected Services, and records of actions taken in them, become Customer Content and remain in your Workspace after you disconnect, until you delete them or the Workspace.

    7.3 Composio

    We use Composio to make most connections. Sign-in generally happens on pages hosted by Composio, using Composio's own OAuth applications, so the consent screen you see may name Composio rather than Simurg. Composio holds the access tokens and other credentials for these connections on our behalf. Some Connected Services require your own API key or additional setup. Except as expressly provided in the DPA, Webomax is not responsible for Composio's acts, omissions, outages, security or data handling.

    7.4 Disconnecting and revoking access

    You can disconnect a Connected Service in the Service at any time. Disconnecting stops Agents from using it, and we ask Composio to remove the connection. Deleting a Workspace or your Account does not automatically revoke every authorization you granted in your Connected Services. Before deleting, disconnect each Connected Service in the Service, and also revoke Simurg's or Composio's access in each Connected Service's own security or app-permission settings. Data already retrieved stays in your Workspace until you delete it or the Workspace (Section 6.13).

    7.5 MCP Servers

    You can add MCP Servers that you or third parties operate. We do not vet MCP Servers. When Agents use an MCP Server, the Service sends it the tool requests your Agents make, which can include Customer Content, and its responses are Third-Party Content. You are solely responsible for choosing MCP Servers and for their security, terms and data handling. Use credentials with the narrowest permissions possible, and revoke and replace them if you suspect they have been exposed (Section 13.3). Tools on MCP Servers follow the Agent's autonomy level and the automated read-or-write classification (Section 4.4). Each MCP Server counts as a connected app for your Plan's limits.

    7.6 Webhooks and app events

    • A webhook link is a password. Each Routine webhook link contains a secret key, and anyone who has the link can start the Routine and send it data. Keep it secret, think carefully before placing it in a public web page or form, and create a new link if it may have been exposed.
    • Data sent to your webhooks is your Customer Content. This includes form submissions and other data from people who may never have dealt with Simurg. That data is stored, given to your Agents and processed by Third-Party AI Providers and our automated checks. You are the controller of it and must give the people concerned any required notice and have a lawful basis.
    • Limits apply, and some items are skipped. Each Routine can be started from outside only a limited number of times per hour, and the Free Plan limits app events per day. Items that exceed these limits, or that arrive while a Routine is off, while "Halt all agents" is on, or while Free Plan Routines are paused, may be recorded and skipped, and they are not processed later. These limits protect your Credits; they are not security controls.
    • App events depend on third parties. Events from Connected Services are delivered through Composio and the provider and may be delayed, duplicated or missed.

    7.7 Web pages and other Third-Party Content

    At your direction, Agents and the knowledge feature can fetch public web pages. These requests come from our servers and identify themselves as Simurg. The Service does not check a website's robots.txt file or terms before fetching a page. You are responsible for having the right to access, copy, store and use the content you or your Agents fetch, and for complying with website terms, robots directives and the law, including copyright, database, computer-misuse and privacy laws. Web search and web scraping are available only through Connected Services that you connect yourself, and you are responsible for your use of them. Webomax does not supply lead lists or contact data.

    7.8 Third-Party AI Providers and their policies

    The Service uses Third-Party AI Providers to generate Output and run automated checks. You must comply with the usage policies of the Third-Party AI Providers whose models process your Customer Content, including, as they apply, the OpenAI Usage Policies, the Anthropic Usage Policy, Google's Generative AI Prohibited Use Policy and the Gemini API terms, OpenRouter's terms, and the policies of the model developers to which OpenRouter routes requests (which may include developers based outside the United States). These policies may change and may be stricter than Section 8, and they apply to you through these Terms. A Third-Party AI Provider may refuse a request or restrict access, and we may suspend or limit your use of the Service where needed to comply with a provider's policies or requirements. Except as expressly provided in the DPA, Webomax is not responsible for the acts, omissions, outages or data handling of Third-Party AI Providers.

    7.9 BYO Keys

    On Plans that include them, you may add BYO Keys for supported providers in Settings › AI providers. If you do:

    • You are responsible for your provider account, including its terms, fees, rate limits, spending limits, security and any suspension or other action the provider takes, even if caused by your Agents' content, Routines, retries, loops or errors. All charges on your provider account are between you and your provider. Webomax is not liable for them. Set spending limits with your provider.
    • Your key is used only for some work. Your BYO Keys are used for an Agent's task runs and chats, and for certain document summaries, when the Agent is set to use that provider. Other features always run on providers and keys that we choose, including ARCHITECT, knowledge proposals, weekly team summaries, image generation, conversation titles, search embeddings and automated checks. Some of these consume Credits (Section 9.8). Your Customer Content is therefore also processed by the providers we choose, even if you use BYO Keys.
    • Failures and fallback. If your key is missing, invalid or out of funds, work may fail. If an Agent is set to fall back to our included model, its work may instead run on our providers and consume Credits.
    • Testing a key. The "Test" feature sends your key directly from your browser to the provider and may make a small request that your provider charges for.

    7.10 Authorizing third-party applications (Beta Feature)

    The Service includes, or may include, a page through which you can authorize a third-party application, such as an AI assistant, to access your Account. This is a Beta Feature and may not be available or may not work. If you authorize an application, it may be able to access the data and functions available to your Account, across all of your Workspaces, to the extent of the access granted. You are responsible for choosing applications you trust, and their use of your data is governed by their own terms. Webomax is not responsible for third-party applications. If the Service does not let you review or revoke an authorization in Settings, contact us at info@simurg.me and we will help you revoke it.

    7.11 Payment processing and sign-in providers

    Payments are processed by Stripe, which acts under its own terms and privacy policy. If you sign in with Google, Google's terms and privacy policy apply to that sign-in. How we handle information received from Google APIs, including under the Google API Services User Data Policy and its Limited Use requirements, is described in our Privacy Policy.

    8. Acceptable Use Policy

    This Acceptable Use Policy applies to you, your Authorized Users and your Agents, to all Customer Content and Output, and to every action taken through the Service, including actions in Connected Services. You must not use the Service, or allow or instruct any Agent to use it, to do, attempt, facilitate or encourage any of the following. The examples are not exhaustive.

    8.1 Illegal and harmful activity

    • Breaking any applicable law or regulation, or promoting or facilitating illegal activity.
    • Threatening, inciting or promoting violence, terrorism or violent extremism.
    • Harassing, bullying, intimidating, stalking or defaming anyone.
    • Promoting hatred or discrimination against people based on protected characteristics.
    • Promoting or encouraging suicide, self-harm or eating disorders.
    • Human trafficking, sexual exploitation or forced labor.
    • Developing, producing, acquiring or using weapons, including chemical, biological, radiological or nuclear weapons, explosives or other weapons capable of mass casualties.
    • Selling or promoting illegal goods or services, including illegal drugs, or unlicensed gambling.

    8.2 Child safety

    • Creating, uploading, requesting or distributing child sexual abuse material or any content that sexualizes minors. We have zero tolerance for this, and we will report it to the National Center for Missing & Exploited Children and to law enforcement as the law requires.
    • Grooming, exploiting or endangering minors, or collecting personal data from children (Section 6.10).

    8.3 Sexual content, likeness and synthetic media

    • Creating or distributing sexually explicit content.
    • Creating or distributing intimate imagery of anyone without their consent.
    • Creating "deep fakes" or other synthetic or manipulated images, audio or video that depict real people without their consent, or that are intended or likely to deceive.
    • Using a real person's name, likeness, voice or identity without the rights to do so.

    8.4 Fraud, deception and impersonation

    • Fraud, scams, phishing, social engineering or other deceptive practices.
    • Impersonating any person or organization, including Webomax, or misrepresenting your identity or affiliation.
    • Creating fake reviews, testimonials, endorsements, followers or engagement, or running coordinated inauthentic activity.
    • False, misleading or deceptive advertising, marketing or claims.
    • Disinformation campaigns, election interference or voter suppression.
    • Falsifying records or documents, or helping anyone commit academic dishonesty.
    • Hiding the use of AI where the law requires you to disclose it (Section 4.11).

    8.5 Spam and unlawful communications

    • Sending unsolicited bulk or commercial messages (by email, text, WhatsApp or other messaging apps, direct message, social media or phone) without the consent or other legal basis that the law requires.
    • Using purchased, rented, harvested or scraped contact lists without a lawful basis.
    • Making automatically dialed, prerecorded or artificial-voice calls or texts without the required consent.
    • Ignoring opt-out requests, falsifying sender information or headers, or evading spam filters, sending limits or platform rate limits.
    • Sending volumes or types of messages that harm the sending reputation or accounts of your Connected Services.

    8.6 Privacy and surveillance

    • Collecting, using or disclosing personal data without the notice, consent or other lawful basis the law requires.
    • Scraping or harvesting personal data in breach of law or of a website's or platform's terms.
    • Tracking, monitoring or surveilling individuals without lawful authority, including covert monitoring of employees or others.
    • Facial recognition, or biometric identification or categorization of people.
    • Inferring sensitive characteristics about people (such as health, sexual orientation, race, religion or political views) from their data.
    • Doxxing, or compiling profiles of people to harass, discriminate against or exploit them.
    • Selling personal data obtained through the Service.
    • Processing Sensitive Data (Section 6.10).

    8.7 Consequential decisions and high-risk uses

    • Making consequential decisions about people in breach of Section 4.12.
    • Social scoring, predictive policing, emotion recognition in workplaces or schools, manipulative or subliminal techniques that exploit people's vulnerabilities, or any other practice prohibited by Article 5 of the EU AI Act.
    • Operating or controlling critical infrastructure, medical devices, emergency services, aircraft, nuclear facilities, weapons systems, or any other system where a failure could lead to death, personal injury or severe physical, property or environmental damage.
    • Providing legal, medical, financial or other regulated advice to others based on Output without review by a qualified professional.

    8.8 Intellectual property and the rights of others

    • Infringing, misappropriating or violating anyone's intellectual property, publicity, privacy or other rights.
    • Uploading, fetching or using content you do not have the right to use.
    • Circumventing paywalls, digital rights management or other access controls, or removing copyright or other notices.

    8.9 Security and integrity

    • Uploading, creating or distributing malware, ransomware or other harmful code.
    • Accessing, or trying to access, any account, system, network or data without authorization, including other Workspaces and other people's Connected Services.
    • Probing, scanning or testing the vulnerability of the Service without our written permission (you may report vulnerabilities under Section 13.6).
    • Using Agents, web fetching, webhooks or MCP Servers to attack, overload or scan any system or network, to reach private or internal network resources, or to get around the access controls of third-party websites.
    • Prompt injection, jailbreaking or similar attacks against the Service, other customers' Agents or the safety systems of Third-Party AI Providers.
    • Interfering with or disrupting the Service, other customers or our providers' infrastructure, or placing an unreasonable load on them.
    • Mining cryptocurrency, or using the Service as an open proxy or to hide the origin of traffic.
    • Tampering with Safety Features, metering or limits, other than by changing your own settings in the Service.

    8.10 Misuse of the Service and its commercial terms

    • Getting around Plan limits, Credit metering, rate limits, Free Plan restrictions or payment.
    • Creating multiple Accounts or using multiple email addresses or inboxes to get more free Credits or Free Plan Workspaces, using disposable email addresses, or registering under a false identity (Sections 2.4 and 2.5).
    • Sharing your credentials, or reselling, sublicensing, white-labeling or providing the Service to third parties, unless we have agreed in writing.
    • Doing anything prohibited by Section 11.4, including reverse engineering the Service, extracting its prompts or templates, accessing it by automated means other than through the features we provide, or building a competing product.
    • Using the Service or Output to develop or train AI models that compete with the Service or with Third-Party AI Providers, or otherwise in breach of their policies.

    8.11 Third-party rules

    • Breaching the terms or policies of any Connected Service, Third-Party AI Provider (Section 7.8), payment network or platform.
    • Using a Connected Service account that you are not authorized to use.

    8.12 Reporting and enforcement

    Report suspected violations of this Acceptable Use Policy to info@simurg.me. We may investigate suspected violations; remove or disable content; block, hold or cancel Agent actions; suspend or close Accounts and Workspaces (Section 10); and cooperate with, and report to, law enforcement, regulators, Third-Party AI Providers and Connected Services. You agree to cooperate with any investigation. We are not obliged to monitor or review Customer Content, and our failure to act on a violation is not a waiver of our right to act on it or on others.

    9. Plans, fees, automatic renewal and Credits

    9.1 Plans, prices and currency

    Our Plans and their prices are shown at simurg.me/pricing and in the Service under Settings › Plan & billing. The price, billing period and Plan details shown when you buy are the ones that apply to your purchase. Each Workspace has its own Plan and Subscription, and the owner of the Workspace is the paying customer for it. Prices are in US dollars. Hiring an Agent in the Service has no separate fee (some Agents may be labeled "Free"), but the work Agents do consumes Credits.

    9.2 Payment

    Payments are processed by Stripe through Stripe-hosted checkout and billing pages. Your card details go to Stripe, and we do not receive or store full card numbers. By buying a Subscription, you authorize us and Stripe to charge your payment method, without further approval from you, for the Fees and applicable taxes at the start of each billing period, for any prorated amount when you upgrade (Section 9.5), and for any other amount you approve. You must keep your payment information current. If your card is updated through your card network, we may use the updated details. Fees are payable in advance and are non-refundable except as stated in Section 9.14.

    9.3 Automatic renewal

    AUTOMATIC RENEWAL TERMS. YOUR SUBSCRIPTION CONTINUES AND RENEWS AUTOMATICALLY AT THE END OF EACH BILLING PERIOD (MONTHLY OR ANNUAL, AS YOU CHOSE WHEN YOU BOUGHT IT) FOR ANOTHER PERIOD OF THE SAME LENGTH, UNTIL YOU CANCEL. AT THE START OF EACH NEW PERIOD WE WILL CHARGE YOUR PAYMENT METHOD, THROUGH STRIPE, THE THEN-CURRENT PRICE OF YOUR PLAN FOR THAT PERIOD PLUS ANY APPLICABLE TAXES. ANNUAL SUBSCRIPTIONS ARE BILLED ONCE A YEAR IN ADVANCE. YOU CAN CANCEL AT ANY TIME ONLINE IN SETTINGS › PLAN & BILLING › MANAGE BILLING. CANCELLATION TAKES EFFECT AT THE END OF THE CURRENT BILLING PERIOD, AND YOU WILL NOT BE CHARGED AGAIN. WE DO NOT REFUND THE CURRENT PERIOD.

    There is no minimum commitment beyond the billing period you have paid for. Where the law requires it, we will send you a reminder before an annual Subscription renews, and notice of a change to its price or other material terms before the change takes effect (Section 9.16).

    9.4 Cancellation

    You can cancel a Subscription at any time in Settings › Plan & billing › Manage billing. If you cannot reach that page, you can also ask us to cancel by emailing info@simurg.me from your Account's email address. When you cancel:

    • your Plan keeps working until the end of the billing period you have paid for, and you will not be charged again;
    • we do not refund or credit any part of the current period;
    • at the end of the period, the Workspace moves to the Free Plan. Any remaining Credits from the paid Plan expire, and no new free Credits are granted, so the Workspace's balance will be zero or less and Agents cannot start new AI work until you buy a Plan again;
    • your Customer Content is not deleted, but Free Plan limits apply. You keep what you already have but cannot add more above those limits; and
    • until the period ends, you can undo the cancellation through Manage billing.

    Deleting a Workspace or your Account is different: it cancels the Subscription immediately, without a refund (Section 9.15).

    9.5 Upgrades, downgrades and changing billing period

    ChangeWhen it takes effectBillingCredits
    Upgrade to a higher-priced PlanImmediatelyA new billing period starts that day. You are charged the new price, less a credit for the unused part of your current paid period (proration). Stripe shows the exact amount before you confirm.You receive the new Plan's full monthly allowance, less any Credits you had used beyond the part of your current monthly credit period that had passed (because the proration already credits you for the unused part). Unused Credits from your previous paid period expire.
    Switch the same Plan from monthly to annual billingImmediatelyAs for an upgrade.As for an upgrade.
    Downgrade to a lower-priced PlanAt the end of the current billing periodThe new price applies from the next period.The new Plan's allowance applies from the next period.
    Switch from annual to monthly billingAt the end of the current annual periodThe monthly price applies from then.Monthly allowances continue.
    CancelAt the end of the current billing periodNo further charges.See Section 9.4.

    When a downgrade takes effect, your Customer Content is kept, but the new Plan's limits and features apply. For example, you cannot add items above the new limits, fewer tasks may run at once, Agents set to the Advanced model tier move to the Standard tier if the new Plan does not include it, and features not included in the new Plan may stop being available. We do not refund or credit any difference in price for the rest of a period when you downgrade.

    9.6 What Credits are

    Credits are a unit we use to measure and limit use of the Service. Credits have no cash or monetary value. They are not money, currency, a deposit, electronic money, a stored-value instrument, a gift card, a virtual currency, a security or property. Credits cannot be sold, transferred (including between Accounts or Workspaces), exchanged, or redeemed for cash, and they are not refundable, except where the law requires otherwise. Credits earn no interest. Credits are made available to you under a limited license as part of the Service, and we may correct any error in a Credit balance, including by adding or removing Credits.

    9.7 Credit allowances and expiry

    • Paid Plans. Each paid Plan includes the monthly Credit allowance shown on our pricing page. A new allowance is granted when a paid invoice starts a billing period. Annual Subscriptions are billed once a year, but their allowance is granted month by month.
    • Monthly expiry, no rollover. Unused included Credits expire at the end of each monthly credit period and do not roll over, including on annual Subscriptions. They also expire when you upgrade (Section 9.5) and when a paid Plan ends (Section 9.4).
    • Free Credits. The Free Plan's one-time grant does not renew (Section 3.5). Any free Credits you have not used when you start a paid Plan carry into your first paid monthly credit period.
    • Unpaid periods. If a renewal payment fails, no new allowance is granted until the invoice is paid (Section 9.12).

    9.8 How Credits are consumed

    Consumes CreditsDoes not currently consume Credits
    Agent task runs and chat replies, unless they run on your BYO KeysAgent task runs and chat replies that run on your BYO Keys
    ARCHITECT build conversationsSearch embeddings
    Weekly team summariesAutomated safety, routing and scoring checks
    Knowledge proposals when you add knowledgeConversation titles
    Image generation, including in Workspaces that use BYO Keys

    The number of Credits a piece of work consumes depends on the model used (the Advanced tier costs more than the Standard tier), the amount of text and data processed and generated, the length and complexity of the work, and the features used. It is calculated from our estimate of the cost of the AI processing involved, converted at our then-current rate. It is not based on any provider's invoice, any use with a cost consumes at least one Credit, and where exact usage data is not available, we estimate it. Credits are consumed whatever the outcome, including for work that fails, is retried, is cancelled or interrupted, times out, is held, or produces Output you are unhappy with, and for work that Agents start automatically under your settings.

    We may change how many Credits work consumes, which features consume Credits, and the rate at which we convert estimated costs into Credits. A change of model can also change consumption (Section 3.2). Changes apply only to work done after they take effect. If we change the conversion rate in a way that materially reduces the value of a paid Plan's Credit allowance, we will give you at least 30 days' notice.

    9.9 Running out of Credits and negative balances

    When a Workspace's Credit balance reaches zero or less, Agents cannot start new work, including work that would run on your BYO Keys, until the allowance renews or you upgrade. Work already running may finish, so the balance can become negative. Any negative balance is deducted from your next Credit allowance. Low-balance warnings are a convenience only. On the Free Plan, automatic Routines stop before the balance reaches zero (Section 3.5).

    9.10 Promotions and promotion codes

    Promotional Credits, discounts and promotion codes are subject to any conditions shown when they are offered. Unless stated otherwise, they have no cash value, are limited to one per customer, cannot be transferred or combined, and may expire. If a promotion includes a discounted price for a limited time, your Subscription renews at the then-current full price when the promotion ends, as shown at checkout. We may withdraw a promotion, or reverse Credits or discounts obtained in breach of these Terms (for example, through multiple Accounts), and charge the standard price.

    9.11 Taxes

    Fees do not include taxes. You are responsible for all sales, use, value added, goods and services, digital services, withholding and similar taxes and duties on your purchases, other than taxes on Webomax's net income. Where we are required to collect taxes, they will be added to your invoice through Stripe. You must give us accurate billing address and tax information, and any valid tax-exemption certificate. If you are required by law to withhold any tax from a payment, you will increase the payment so that we receive the full amount we would have received without the withholding.

    9.12 Failed payments

    If a payment fails, your Subscription becomes past due. Stripe may retry the payment and notify you, and you should update your payment method in Settings › Plan & billing › Manage billing. While a Subscription is past due, the Workspace may keep its Plan and current Credit balance, but no new Credit allowance is granted until the invoice is paid. If payment is not made after the retries, the Subscription may be cancelled and the Workspace moved to the Free Plan (with the effects described in Section 9.4), or we may suspend paid features. You remain responsible for all unpaid amounts and, where the law permits, for reasonable costs of collecting them.

    9.13 Billing questions and chargebacks

    If you believe we charged you in error, contact us at info@simurg.me within 60 days of the charge. We will review it in good faith and correct any billing error we confirm. Please contact us before disputing a charge with your bank or card issuer. If you file a chargeback, the paid Subscription the disputed payment was for ends at once, the Workspace moves to the Free Plan and its remaining Credits expire, whatever the outcome of the dispute. We may also suspend the affected Workspace until the dispute is resolved, and, where the law permits, you are responsible for costs caused by a chargeback that is not justified.

    9.14 Refunds

    EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR REQUIRED BY LAW, ALL FEES ARE NON-REFUNDABLE. WE DO NOT GIVE REFUNDS OR CREDITS FOR PARTIAL BILLING PERIODS, UNUSED TIME, UNUSED OR EXPIRED CREDITS, DOWNGRADES, CANCELLATION, PERIODS WHEN YOU DID NOT USE THE SERVICE, OR OUTPUT OR AGENT RESULTS YOU ARE UNHAPPY WITH.

    The only exceptions are these: (a) if our systems detect that two Subscriptions were bought for the same Workspace, we cancel the duplicate and refund its charge; (b) we correct confirmed billing errors under Section 9.13; and (c) if we end a paid Subscription for our convenience under Section 10.3, we refund the prepaid Fees for the unused part of its term. We may choose to give other refunds or credits, but doing so once does not oblige us to do so again. If you are a consumer under a law that gives you a right to withdraw from or cancel a contract, such as a statutory cooling-off period, nothing in this Section limits that right.

    9.15 Deleting a paid Workspace or your Account

    DELETING A WORKSPACE THAT HAS A PAID SUBSCRIPTION, OR DELETING YOUR ACCOUNT, CANCELS THE AFFECTED SUBSCRIPTIONS IMMEDIATELY, WITHOUT ANY REFUND OR CREDIT FOR THE UNUSED PART OF THE CURRENT BILLING PERIOD, INCLUDING THE REST OF AN ANNUAL TERM. If you want to use the time you have paid for, cancel the Subscription instead (Section 9.4) and delete the Workspace after the period ends. If our payment processor cannot cancel a Subscription, the deletion may not go ahead.

    9.16 Changes to prices and Plans

    We may change our prices, and the features, limits and Credit allowances of our Plans. For an existing Subscription, we will give you at least 30 days' notice of a price increase (and any notice the law requires, within any time window the law sets), by email to your Account's email address or in the Service. The new price applies from the start of your first billing period that begins after the notice period. If you do not want to pay the new price, cancel before then. If you keep your Subscription after the new price takes effect, you agree to pay it. If we materially reduce the limits or Credit allowance of your paid Plan, we will give you at least 30 days' notice where practicable, except where the change is needed for security, legal or abuse-prevention reasons or because of a third-party change, and you may cancel your Subscription under Section 9.4.

    9.17 Free trials

    We do not currently offer free trials of paid Plans. If we do, we will show the trial's terms when you sign up for it. If a trial turns into a paid Subscription automatically, we will tell you before you start it when and how much you will be charged, and how to cancel.

    10. Suspension and termination

    10.1 Ending your use

    You may stop using the Service at any time. You can cancel a Subscription under Section 9.4, and you can delete a Workspace or your Account in Settings › Your account (Section 10.5).

    10.2 Suspension by us

    We may suspend or limit your access to all or part of the Service (including particular Agents, Routines, Connected Services or outbound actions), immediately and, where the law allows, without notice, if:

    • (a) you or your Agents breach these Terms, including the Acceptable Use Policy;
    • (b) your use creates a security risk, or could harm the Service, Webomax, other customers, our providers or any third party;
    • (c) we need to do so to comply with law, legal process or a request from a government authority, or because a Third-Party AI Provider, Connected Service or payment processor requires it;
    • (d) any Fees are past due;
    • (e) we suspect fraud or abuse, including the creation of multiple Accounts, or a chargeback; or
    • (f) there is an unresolved dispute about who owns or has authority over your Account or a Workspace.

    Where practicable and lawful, we will tell you about a suspension and restore access once its cause is resolved. Fees continue to apply during a suspension caused by you.

    10.3 Termination by us

    We may terminate these Terms, your Account, any Workspace or any Subscription:

    • for cause, immediately by notice, if you materially breach these Terms (including any breach of the Acceptable Use Policy or failure to pay), breach them repeatedly, or do not cure the cause of a suspension within a reasonable time, or if we are required to do so by law;
    • on the Free Plan, at any time, including after a long period of inactivity, with notice where practicable; and
    • for our convenience, on at least 30 days' notice. If we end a paid Subscription for our convenience, we will refund the prepaid Fees for the unused part of its term.

    10.4 Effect of termination

    When these Terms, your Account or a Workspace end for any reason: (a) your right to use the affected parts of the Service ends immediately; (b) any affected Subscriptions are cancelled; (c) all Fees accrued or owed up to that point remain payable, and no refunds are due except as stated in Section 9.14; and (d) we may delete the affected Customer Content and are not obliged to keep it, except as required by law or the DPA. Before your access ends, export what you need (Section 6.13), disconnect your Connected Services and revoke their access (Section 7.4), and revoke any BYO Keys with your provider if you no longer want them used. If we terminate for our convenience, you may use the available export tools during the notice period.

    10.5 Deleting a Workspace or your Account

    You can delete a Workspace, or your whole Account and every Workspace you own, in Settings › Your account. Deletion takes effect immediately and permanently. There is no grace period and no undo. When you delete:

    • the Workspace's content (including its Agents, tasks, records, knowledge, Routines, connection records, files and conversations) is deleted from our active systems;
    • any paid Subscription is cancelled immediately, without a refund (Section 9.15);
    • authorizations in your Connected Services are not automatically revoked, so you should disconnect and revoke them yourself first (Section 7.4); and
    • some information is kept, as described in our Privacy Policy, including billing records held by Stripe and our record of payment events; a hashed form of your email address and records of free Credit grants, kept to prevent repeated claims of free Credits; copies in backups until they are overwritten; logs kept by our providers; uploaded Agent avatar images until you ask us to remove them (Section 6.12); and information we must keep by law.

    Deletion in the Service does not affect copies held outside it (Section 6.13). If you believe some of your data remains after you deleted it, contact us at info@simurg.me and we will look into it.

    11. Intellectual property, license and restrictions

    11.1 Webomax Materials

    Webomax and its licensors own all right, title and interest, including all intellectual property rights, in the Service and the Webomax Materials. You receive no rights in them except the limited license in Section 11.2.

    11.2 Your license to use the Service

    Subject to these Terms and payment of applicable Fees, Webomax grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license, during the term of these Terms, to access and use the Service for your internal business purposes, in accordance with these Terms, the Documentation and your Plan.

    11.3 Built-in templates and your copies

    Built-in Agents, skills and Routine templates, including their instructions, are Webomax Materials. You may use them, and make and edit copies of them, within the Service for your Workspaces. Your edits are Customer Content, but Webomax keeps all rights in the underlying template material, and you may not extract it or use it outside the Service. Custom Agents and configurations that you create from scratch are Customer Content.

    11.4 Restrictions

    Except as these Terms expressly allow, you must not, and must not allow or instruct anyone (including any Agent) to:

    • (a) copy, modify, translate or create derivative works of the Service or the Webomax Materials;
    • (b) reverse engineer, decompile, disassemble or otherwise try to discover the source code, underlying models, algorithms, prompts or platform instructions of the Service, except to the extent the law expressly permits this despite this restriction;
    • (c) access or use the Service, or its back-end interfaces, other than through the user interfaces and features we provide, or scrape, crawl or extract data or content from the Service by automated means, including built-in templates, prompts and catalogs;
    • (d) sell, resell, rent, lease, sublicense, white-label, distribute or otherwise provide the Service to others, or use it as a service bureau or for timesharing;
    • (e) access or use the Service to build or help build a competing product or service, or to copy its features, design, prompts or workflows;
    • (f) publish or share benchmarks or performance tests of the Service for competitive purposes without our written consent;
    • (g) get around or interfere with access controls, Plan limits, Credit metering, rate limits, usage caps or security measures;
    • (h) remove or alter any proprietary notice; or
    • (i) use the Service in breach of Section 8 or of any law.

    11.5 Trademarks

    "Simurg", "Webomax" and our logos, product names and Agent names are trademarks of Webomax. You may not use them without our prior written permission, except to refer to the Service accurately.

    11.6 Reservation of rights

    All rights not expressly granted in these Terms are reserved. No license is granted by implication, estoppel or otherwise.

    12. Confidentiality

    12.1 What is confidential

    "Webomax Confidential Information" means non-public information about Webomax or the Service that we disclose or make available to you, and that is marked confidential or that a reasonable person would understand to be confidential. It includes non-public features and Beta Features, roadmaps, non-public prices or terms offered to you, and security and technical information. It does not include information that: (a) is or becomes public through no fault of yours; (b) you already knew without a duty of confidentiality; (c) you receive from a third party without a duty of confidentiality; or (d) you develop independently without using Webomax Confidential Information.

    12.2 Your obligations

    You will use Webomax Confidential Information only to use the Service under these Terms, will protect it with at least reasonable care, and will not disclose it except to your employees, contractors and professional advisers who need to know it and are bound by confidentiality duties at least as protective as this Section 12. These obligations last during the term of these Terms and for three years after it ends, and for trade secrets for as long as they remain trade secrets. Built-in templates and prompts visible in the Service are protected by Section 11 whether or not they are confidential.

    12.3 Disclosure required by law

    You may disclose Webomax Confidential Information if the law or a court or government order requires it, provided that, where the law allows, you give us prompt notice and reasonable help so that we can seek to protect it, and you disclose only what is required.

    12.4 Customer Content

    Our obligations about Customer Content are set out in Sections 6 and 13, the Privacy Policy and the Data Processing Addendum, rather than in this Section 12.

    13. Security

    13.1 Our safeguards

    We use administrative, technical and organizational measures designed to protect the Service and Customer Content, appropriate to the nature of the Service. They include: keeping each Workspace's data separate through database access controls that limit it to the Workspace owner's Account (row-level security); storing files in private storage that is reached through short-lived signed links (except uploaded Agent avatar images, Section 6.12); encrypting data in transit to and from the Service; encryption at rest provided by our hosting provider; and limiting access to authorized personnel. Our back-end systems, and personnel acting under Section 6.6, can access data across Workspaces where needed to operate, support and secure the Service. More detail is in our Privacy Policy and the Data Processing Addendum.

    13.2 No guarantee

    No method of storing or transmitting data is completely secure, and we cannot guarantee that unauthorized access, loss or disclosure will never happen. We do not represent that the Service is certified or audited under any particular security standard unless we say so in a written agreement with you.

    13.3 Credentials and secrets you store with us

    To act on your behalf, the Service stores credentials you give it, such as BYO Keys, MCP Server tokens and headers, and Routine webhook keys. These are stored in our database and protected by the access controls and the hosting provider's encryption at rest described in Section 13.1. They are not currently encrypted separately at the application level, they can be read by your own signed-in Account, and our back-end systems use them to make requests for you. Use credentials with the narrowest permissions and spending limits possible, and revoke and replace any credential that you think may have been exposed.

    13.4 Your security responsibilities

    You are responsible for: (a) keeping your credentials, devices and browsers secure (Section 2.6); (b) the permissions you grant in Connected Services, and the security of your own systems, networks and MCP Servers; (c) the BYO Keys and other credentials you add (Section 13.3); (d) keeping webhook links secret (Section 7.6); (e) choosing Autonomy Settings suited to the sensitivity of each Agent's work; (f) not uploading Sensitive Data (Section 6.10); and (g) keeping your own copies of important Customer Content.

    13.5 Security incidents

    If we become aware of a security incident that affects Customer Personal Data, we will notify you as required by applicable law and the Data Processing Addendum. If you become aware of unauthorized access to your Account or of any security issue affecting the Service, tell us immediately at info@simurg.me.

    13.6 Reporting vulnerabilities

    If you believe you have found a security vulnerability in the Service, report it to info@simurg.me. Do not access or change other people's data, disrupt the Service, or disclose the vulnerability publicly before we have had a reasonable opportunity to fix it.

    14.1 Our policy

    We respect intellectual property rights and respond to notices of alleged copyright infringement that comply with the US Digital Millennium Copyright Act ("DMCA"). Most Customer Content is private to the Workspace that holds it, so we may forward a notice to the customer concerned.

    14.2 How to send a notice

    If you believe material available through the Service infringes your copyright, send a written notice to our designated copyright agent that includes:

    • (a) your physical or electronic signature, as the copyright owner or a person authorized to act for the owner;
    • (b) identification of the copyrighted work you claim is infringed;
    • (c) identification of the material you claim is infringing, with enough information for us to locate it (such as a web address);
    • (d) your name, postal address, telephone number and email address;
    • (e) a statement that you believe in good faith that the use of the material is not authorized by the copyright owner, its agent or the law; and
    • (f) a statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the owner's behalf.

    Our designated copyright agent is: Copyright Agent, Webomax LLC, 2810 N Church St PMB 93469, Wilmington, Delaware 19802-4447, United States; email info@simurg.me, with the subject line "DMCA Notice".

    14.3 Counter-notices

    If material you posted was removed or disabled because of a notice and you believe this was a mistake or misidentification, you may send our copyright agent a counter-notice that includes: (a) your physical or electronic signature; (b) identification of the material removed and where it appeared before removal; (c) a statement under penalty of perjury that you believe in good faith that the material was removed or disabled as a result of mistake or misidentification; and (d) your name, address and telephone number, and a statement that you consent to the jurisdiction of the US federal district court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which Webomax may be found), and that you will accept service of process from the person who sent the original notice or that person's agent. We may restore the material as the DMCA permits.

    14.4 Repeat infringers and misrepresentations

    We will, in appropriate circumstances, terminate the Accounts of repeat infringers. Anyone who knowingly and materially misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages under the DMCA.

    14.5 Other complaints

    Send complaints about other intellectual property rights, such as trademarks or rights of publicity, to info@simurg.me.

    15. Disclaimers

    15.1 The Service is provided "as is"

    THE SERVICE, THE AGENTS, ALL OUTPUT, THE SAFETY FEATURES, BETA FEATURES, THE FREE PLAN AND ALL WEBOMAX MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEBOMAX AND ITS AFFILIATES, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT AND ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

    15.2 Specific disclaimers

    WITHOUT LIMITING SECTION 15.1, WEBOMAX DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) ANY OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, LAWFUL, ORIGINAL, NON-INFRINGING OR SUITABLE FOR ANY PURPOSE; (C) AGENTS WILL ACT AS YOU INTEND OR STAY WITHIN YOUR INSTRUCTIONS; (D) ANY SAFETY FEATURE OR AUTOMATED JUDGMENT WILL DETECT OR PREVENT ANY PARTICULAR ACTION, ERROR, COST, RISK OR ATTACK, INCLUDING PROMPT INJECTION; (E) TOOLS WILL BE CORRECTLY CLASSIFIED AS READS OR WRITES; (F) CONNECTED SERVICES, MCP SERVERS, ROUTINES, WEBHOOKS OR APP EVENTS WILL WORK, OR WILL DELIVER OR PROCESS EVERY ITEM; (G) CUSTOMER CONTENT WILL NOT BE LOST OR CORRUPTED; (H) ANY DEFECT WILL BE CORRECTED; OR (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY RESULT, OR COMPLY WITH ANY LAW OR REGULATION THAT APPLIES TO YOUR BUSINESS, INDUSTRY OR USE.

    15.3 Third parties

    WEBOMAX MAKES NO WARRANTY ABOUT, AND DOES NOT ENDORSE, ANY CONNECTED SERVICE, MCP SERVER, THIRD-PARTY AI PROVIDER, THIRD-PARTY APPLICATION, THIRD-PARTY CONTENT OR OTHER THIRD-PARTY PRODUCT OR SERVICE, EVEN IF IT IS LISTED, RECOMMENDED OR INTEGRATED IN THE SERVICE.

    15.4 Where the law limits disclaimers

    Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the disclaimers in this Section 15 apply to the maximum extent permitted, and any warranty that cannot be excluded is limited to the shortest period and narrowest scope the law allows.

    16. Limitation of liability

    16.1 Excluded damages

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WEBOMAX, ITS AFFILIATES, OR ITS OR THEIR MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS OR LICENSORS (TOGETHER, THE "WEBOMAX PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SALES, BUSINESS, CONTRACTS, ANTICIPATED SAVINGS, GOODWILL OR REPUTATION, ANY LOSS, CORRUPTION OR UNAVAILABILITY OF DATA, ANY BUSINESS INTERRUPTION, OR THE COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND STATUTE), EVEN IF ANY WEBOMAX PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

    16.2 Specific exclusions

    WITHOUT LIMITING SECTION 16.1, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBOMAX PARTIES ARE NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATING TO:

    • (A) ANY ACTION TAKEN OR NOT TAKEN BY AN AGENT, ROUTINE OR OTHER AUTOMATED FEATURE, WHETHER TAKEN WITH YOUR APPROVAL OR WITHOUT IT UNDER YOUR AUTONOMY SETTINGS;
    • (B) ANY OUTPUT, OR ANY RELIANCE ON OR USE OF OUTPUT BY YOU OR ANYONE ELSE;
    • (C) CONNECTED SERVICES, MCP SERVERS, COMPOSIO, THIRD-PARTY AI PROVIDERS, PAYMENT PROCESSORS, THIRD-PARTY APPLICATIONS OR OTHER THIRD-PARTY SERVICES, INCLUDING THEIR OUTAGES, CHANGES, SECURITY INCIDENTS AND DATA HANDLING;
    • (D) PROMPT INJECTION, OR ANY OTHER MALICIOUS, FALSE OR INACCURATE THIRD-PARTY CONTENT;
    • (E) THE FAILURE, UNAVAILABILITY, ERROR OR SWITCHING OFF OF ANY SAFETY FEATURE OR AUTOMATED JUDGMENT;
    • (F) UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT, CREDENTIALS, WEBHOOK LINKS, BYO KEYS OR CUSTOMER CONTENT, EXCEPT TO THE EXTENT CAUSED BY WEBOMAX'S PROVEN BREACH OF SECTION 13;
    • (G) CHARGES, RATE LIMITS, SUSPENSIONS OR OTHER ACTIONS OF THIRD-PARTY AI PROVIDERS OR CONNECTED SERVICES ON YOUR ACCOUNTS, INCLUDING ALL CHARGES INCURRED THROUGH BYO KEYS;
    • (H) ITEMS, EVENTS, TASKS OR ROUTINE RUNS THAT ARE SKIPPED, DELAYED, DUPLICATED, INTERRUPTED OR MISSED;
    • (I) THE DELETION OF CUSTOMER CONTENT BY YOU OR AT YOUR DIRECTION, OR AFTER TERMINATION AS THESE TERMS PERMIT; OR
    • (J) YOUR FAILURE TO COMPLY WITH ANY LAW, INCLUDING LAWS ON OUTBOUND COMMUNICATIONS, AI DISCLOSURE, AUTOMATED DECISIONS AND DATA PROTECTION.

    16.3 Overall cap

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE WEBOMAX PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, UNDER ANY THEORY OF LIABILITY, WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU ACTUALLY PAID TO WEBOMAX FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, AND (B) ONE HUNDRED US DOLLARS (US$100). Amounts you pay to third parties, including to Third-Party AI Providers under your BYO Keys, are not Fees paid to Webomax. Bringing more than one claim does not increase this limit.

    16.4 What these limits do not cover

    Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, such as liability for fraud or fraudulent misrepresentation, for death or personal injury caused by negligence where the law does not permit exclusion, or for gross negligence or willful misconduct where the law does not permit limitation. Where such a law applies, our liability is limited to the fullest extent that law permits. The limits in this Section 16 also apply to liability under the DPA, except where applicable data protection law does not permit them.

    16.5 Basis of the bargain

    The disclaimers and limits in Sections 15 and 16 are an essential part of the bargain between you and Webomax. They reflect a reasonable allocation of risk, and they apply even if a limited remedy fails of its essential purpose. Our prices would be higher without them.

    17. Indemnification

    17.1 Your indemnity

    To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless the Webomax Parties from and against all claims, demands, actions, investigations and proceedings brought by third parties or government authorities ("Claims"), and all resulting losses, damages, liabilities, judgments, settlements, fines, penalties, costs and expenses (including reasonable attorneys' fees), arising out of or relating to:

    • (a) Customer Content, including the collection and processing of Customer Personal Data and any Sensitive Data;
    • (b) any action of your Agents or Routines, and any Output that you or your Agents use, publish or send, including any communication sent from your accounts;
    • (c) your use of Connected Services, MCP Servers, BYO Keys and third-party applications you authorize;
    • (d) any breach of these Terms, the Acceptable Use Policy, the DPA or the policies of a Third-Party AI Provider or Connected Service by you, your Authorized Users or your Agents;
    • (e) any violation of law, or of any third party's rights (including intellectual property, privacy and publicity rights), by you, your Authorized Users or your Agents, including any violation of laws on marketing, telemarketing, AI disclosure, automated decisions, data protection, consumer protection, employment or discrimination;
    • (f) any Claim by your contacts, leads, customers, message recipients, employees, job applicants or other people whose data you processed through the Service or who dealt with your Agents;
    • (g) your products, services and business; and
    • (h) any dispute between you and an Authorized User or any other person about your Account or a Workspace.

    17.2 Procedure

    We will notify you of a Claim for which we seek defense or indemnity, but a delay in notice relieves you of your obligations only to the extent the delay materially prejudices you. You will control the defense with counsel reasonably acceptable to us, and we may take part with our own counsel at our own cost. You may not settle any Claim in a way that imposes any obligation on, or admits any fault of, a Webomax Party without our prior written consent. If you do not promptly assume the defense, we may defend the Claim ourselves at your expense.

    17.3 No indemnity by Webomax

    These Terms do not oblige Webomax to defend or indemnify you or anyone else.

    18. Dispute resolution: binding arbitration and class action waiver

    PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND WEBOMAX TO RESOLVE MOST DISPUTES BY BINDING INDIVIDUAL ARBITRATION, AND IT LIMITS HOW YOU CAN SEEK RELIEF FROM US. YOU MAY OPT OUT AS DESCRIBED IN SECTION 18.9.

    18.1 Disputes covered

    "Dispute" means any dispute, claim or controversy between you and Webomax (including Webomax's affiliates and their members, managers, officers, employees and agents) that arises out of or relates in any way to these Terms, the Service, any Output, any Fees, or any other dealings between you and us, whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether it arose before you accepted these Terms (including under an earlier version) or arises after they end. Nothing in this Section 18 prevents you from bringing a matter to the attention of a government agency or a data protection supervisory authority.

    18.2 Informal resolution first

    Before starting arbitration or any court proceeding, the party with a Dispute must send the other a written notice (a "Dispute Notice"). A Dispute Notice to Webomax must be sent both by email to info@simurg.me with the subject line "Dispute Notice" and by mail or courier to Webomax LLC, Attn: Legal, 2810 N Church St PMB 93469, Wilmington, Delaware 19802-4447, United States. We will send any Dispute Notice to you at your Account's email address. A Dispute Notice must be individual to one claimant and must include the claimant's name, the Account email address (if any), a description of the Dispute and the facts behind it, and the relief sought, including a good-faith estimate of any amount claimed. It must be signed by the claimant personally (a typed name in an email from the claimant's own address is enough), and also by the claimant's lawyer if the claimant has one.

    For 60 days after the Dispute Notice is received, the parties will try in good faith to resolve the Dispute informally. If either party asks within that period, the parties will hold an individual settlement conference by telephone or video, which the claimant (and, if Webomax is the claimant, a Webomax representative) will attend personally, with lawyers if they wish. Neither party may start arbitration or a court proceeding until the 60 days have passed, unless the other party agrees in writing. Limitation periods and filing-fee deadlines are suspended while the parties follow this Section 18.2. A court may enforce this requirement, including by staying or dismissing a proceeding started without complying with it.

    18.3 Agreement to arbitrate

    If a Dispute is not resolved under Section 18.2, it will be resolved exclusively by final and binding arbitration on an individual basis, except as provided in Section 18.10. YOU AND WEBOMAX EACH WAIVE THE RIGHT TO HAVE A DISPUTE DECIDED IN COURT BY A JUDGE OR JURY. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 and following ("FAA"), and evidences a transaction involving interstate commerce.

    18.4 Rules, arbitrator, seat and hearings

    The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (and, where they apply, its Mass Arbitration Supplementary Rules), as modified by this Section 18. If a court or the arbitrator decides that you are a consumer, or that the AAA Consumer Arbitration Rules otherwise apply, those Consumer Arbitration Rules apply instead. The AAA's rules are available at adr.org. The arbitration will be decided by a single neutral arbitrator. The legal seat of the arbitration is Wilmington, Delaware. Hearings may be held by video or telephone, and the arbitrator may decide the Dispute on written submissions if the parties agree or the arbitrator decides that a hearing is not needed. If the Consumer Arbitration Rules apply and an in-person hearing is held, it will take place in the county where you live unless the parties agree otherwise. The arbitrator will apply the law described in Section 19 and these Terms, may award any individual relief that a court could award and that is necessary to resolve the individual claim, and will issue a reasoned written decision. Judgment on the award may be entered in any court with jurisdiction. An award decides only the claims of the parties to that arbitration and has no preclusive effect in any other arbitration or proceeding involving different parties.

    18.5 Costs

    The AAA's rules govern payment of filing, administration and arbitrator fees. If the Consumer Arbitration Rules apply, Webomax will pay the fees those rules require a business to pay. If you show that the costs of arbitration would be prohibitive compared with the costs of litigation, Webomax will pay as much of your filing, administration and arbitrator fees as the arbitrator decides is needed to prevent the arbitration from being cost-prohibitive. Each party bears its own attorneys' fees and costs, unless the arbitrator awards them under applicable law or these Terms. If the arbitrator finds that a claim or defense was frivolous or brought for an improper purpose, the arbitrator may allocate fees and costs as the AAA's rules and applicable law allow.

    18.6 Who decides what

    The arbitrator has exclusive authority to decide all Disputes, including any dispute about the interpretation, applicability, enforceability, unconscionability, scope or formation of this agreement to arbitrate, and whether a Dispute must be arbitrated. However, only a court under Section 19 may decide: (a) whether the waivers in Section 18.7 are enforceable or have been breached; (b) whether the requirements of Section 18.2 have been met; (c) whether the procedures in Section 18.8 apply and are enforceable, and any dispute about them; (d) whether a party validly opted out under Section 18.9; and (e) requests for relief under Section 18.10.

    18.7 Class action, representative action and jury trial waiver

    YOU AND WEBOMAX AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. YOU AND WEBOMAX EACH WAIVE ANY RIGHT TO A JURY TRIAL.

    Unless both parties agree otherwise in writing, the arbitrator may not consolidate or join the claims of more than one person (except for the administrative steps in Section 18.8, in which each claim is still decided individually), may not preside over any class, collective or representative proceeding, and may award relief (including declaratory or injunctive relief) only in favor of the individual party seeking it and only to the extent needed to provide the relief that party's individual claim warrants.

    If, after all appeals, a court decides that any part of this Section 18.7 cannot be enforced as to a particular claim or request for relief (for example, a request for public injunctive relief), then that claim or request, and only that one, will be severed from the arbitration and decided by a court under Section 19, not in a class or representative arbitration. The court proceeding on that claim or request will be stayed until the individual claims in the arbitration are decided. In no case will a class, collective or representative arbitration take place.

    18.8 Mass arbitration

    This Section 18.8 applies if 25 or more demands for arbitration raising substantially similar claims are filed against or by Webomax, by or with the help of the same or coordinated lawyers or organizations, within any 180-day period (a "Mass Filing"). Each claimant must have complied individually with Section 18.2. In a Mass Filing:

    • (a) Bellwether cases. The claimants' lawyers and Webomax will each select 10 demands (20 in total) to proceed first as individual arbitrations, each before a different arbitrator unless the parties agree otherwise. The remaining demands will not be treated as filed, or will be held in abeyance, and no AAA fees will be charged for them until the bellwether arbitrations are finished.
    • (b) Mediation. After the bellwether arbitrations are decided, the parties will take part in a global mediation for at least 60 days, with a mediator whose fees Webomax will pay, to try to resolve the remaining demands. The bellwether results do not bind other claimants, but the parties may use them in the mediation.
    • (c) Remaining demands. If the remaining demands are not resolved, they may be filed and administered in batches of up to 100 demands. Batches may proceed at the same time, one arbitrator may be appointed for each batch, and each claim will be decided individually.
    • (d) Time limits. Limitation periods for each claimant are suspended from the date that claimant's Dispute Notice is sent until that claimant's demand may be filed under this Section 18.8.
    • (e) Agreement and enforcement. The claimants and Webomax may agree in writing to different procedures. A court under Section 19 may enforce this Section 18.8. If this Section 18.8 is found unenforceable as to any claimant, that claimant's demand will proceed in individual arbitration under the AAA's rules.

    18.9 Your right to opt out

    You may opt out of this agreement to arbitrate by sending an email to info@simurg.me within 30 days after the date you first accept these Terms. If you accepted an earlier version of our terms that did not contain an agreement to arbitrate, you may opt out within 30 days after you first accept this version. Send the email from your Account's email address, with the subject line "Arbitration Opt-Out", and include your full name, your Account email address and a clear statement that you opt out of arbitration. An opt-out is effective only for the person or organization that sends it; it cannot be made on behalf of a group or class. If you opt out, the arbitration requirement and the class action waiver in Sections 18.3 to 18.8 do not apply to you, Disputes will be decided by a court under Section 19, and the rest of these Terms continue to apply. An opt-out stays effective for later versions of these Terms.

    18.10 Exceptions

    Despite the agreement to arbitrate: (a) either party may bring an individual action in a small claims court, in New Castle County, Delaware or in the US county where you live or have your principal place of business, if the claim qualifies and stays in that court on an individual basis; (b) either party may bring an action in court under Section 19 for injunctive or other equitable relief to stop the infringement, misappropriation or violation of its intellectual property rights, and Webomax may do so to stop unauthorized access to or misuse of the Service (including breaches of Section 8.9 or Section 11.4); and (c) either party may ask a court for temporary or preliminary injunctive relief to preserve the status quo while an arbitration is pending.

    18.11 One-year time limit

    TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, WHETHER IN ARBITRATION OR IN COURT, MUST BE STARTED WITHIN ONE YEAR AFTER THE CLAIM AROSE, MEANING AFTER THE CLAIMANT KNEW OR REASONABLY SHOULD HAVE KNOWN OF THE FACTS GIVING RISE TO IT. OTHERWISE, THE CLAIM IS PERMANENTLY BARRED. This period is suspended as described in Sections 18.2 and 18.8.

    18.12 Changes to this Section 18

    We will give you at least 30 days' notice of any material change to this Section 18. A change does not apply to any Dispute for which a Dispute Notice was sent, or a proceeding was pending, before the change took effect. You may reject a change by emailing info@simurg.me before it takes effect or within 30 days after it does. If you do, the version of this Section 18 that you last accepted continues to apply to you, unless you opted out under Section 18.9.

    18.13 Survival and severability

    This Section 18 survives the end of these Terms and of your use of the Service. Except as stated in Section 18.7, if any part of this Section 18 is found unenforceable, the rest of it remains in effect.

    19. Governing law and venue

    19.1 Governing law

    These Terms, and any Dispute, are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules, except that the FAA governs Section 18. The United Nations Convention on Contracts for the International Sale of Goods, and any law based on the Uniform Computer Information Transactions Act, do not apply.

    19.2 Venue

    Subject to Section 18, the state courts located in New Castle County, Delaware, and the United States District Court for the District of Delaware have exclusive jurisdiction over any Dispute that is not arbitrated, including Disputes of anyone who opted out under Section 18.9 and claims severed under Section 18.7. You and Webomax each consent to the personal jurisdiction of these courts and waive any objection to venue there, including any objection based on inconvenient forum. TO THE EXTENT PERMITTED BY LAW, YOU AND WEBOMAX EACH WAIVE ANY RIGHT TO A JURY TRIAL IN ANY COURT PROCEEDING.

    19.3 Mandatory local law

    If you are a consumer, and the law of the place where you live gives you the right to bring proceedings in your local courts, or to rely on mandatory provisions of your local law, nothing in this Section 19 takes away that right.

    20. Export controls and sanctions

    20.1 Compliance

    The Service is subject to US export control and economic sanctions laws, including the Export Administration Regulations and the sanctions regulations administered by the US Department of the Treasury's Office of Foreign Assets Control ("OFAC"), and may be subject to the export control and sanctions laws of other countries. You must comply with all of them in your use of the Service.

    20.2 Your representations

    You represent and warrant that: (a) you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive US sanctions or embargoes; (b) neither you, nor any person that owns or controls you, nor any Authorized User, is on, or 50 percent or more owned by anyone on, OFAC's Specially Designated Nationals and Blocked Persons List, the US Commerce Department's Entity List, Denied Persons List or Unverified List, or any other applicable restricted-party list; (c) you will not use the Service for any end use prohibited by US export control laws, including activities related to weapons of mass destruction or missiles, or prohibited military end uses; and (d) you will not upload to the Service any data or technology whose export requires a license or other government authorization, including technical data controlled under the International Traffic in Arms Regulations. You will notify us immediately if any of these representations stops being true.

    20.3 Our rights

    We may block, suspend or terminate access to the Service at any time, without liability, if we believe it is necessary to comply with export control or sanctions laws.

    21. Changes to these Terms

    21.1 How we change these Terms

    We may change these Terms from time to time. When we do, we will post the updated Terms at simurg.me/terms and update the "Last updated" date. For material changes, we will notify you by email to your Account's email address or through the Service, at least 30 days before the change takes effect for paid Subscriptions where practicable. Other changes take effect when we post them. Changes required by law, or made for security reasons, may take effect immediately.

    21.2 Your acceptance

    If you continue to access or use the Service after a change takes effect, you accept the changed Terms. If you do not agree to a change, you must stop using the Service and cancel your Subscriptions (cancellation takes effect at the end of the current billing period, Section 9.4). Changes do not apply retroactively, and changes to Section 18 are governed by Section 18.12.

    22. General

    22.1 Assignment

    You may not assign or transfer these Terms, or any of your rights or obligations under them, without our prior written consent, and any attempt to do so is void. We may assign or transfer these Terms, in whole or in part, without your consent, including to an affiliate or in connection with a merger, acquisition, reorganization, financing, or sale of all or part of our business or assets. These Terms bind and benefit the parties and their permitted successors and assigns.

    22.2 Force majeure

    We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, acts of government, sanctions, failures of utilities, the internet or telecommunications, cyberattacks and denial-of-service attacks (other than those caused by our failure to maintain the safeguards in Section 13), and outages, failures, rate limits, changes or discontinuation of Third-Party AI Providers, Composio, Connected Services, cloud and hosting providers or payment processors. This Section does not excuse your obligation to pay Fees.

    22.3 Notices

    To you. We may give you notices by email to your Account's email address, through the Service, or both. Email notices are treated as received when sent, and notices in the Service when posted. You are responsible for keeping your email address current and for checking it.

    To us. Send general notices and questions to info@simurg.me. Legal notices (including Dispute Notices, notices of breach, indemnity claims and notices of termination) must be sent both by email to info@simurg.me and by mail or courier to Webomax LLC, Attn: Legal, 2810 N Church St PMB 93469, Wilmington, Delaware 19802-4447, United States. They are effective when received at both.

    22.4 Electronic communications

    You consent to receive agreements, notices, disclosures, receipts, invoices and other communications from us electronically, by email, through the Service or through our payment processor. Electronic communications satisfy any legal requirement that a communication be in writing or signed, to the extent permitted by law, including under the federal Electronic Signatures in Global and National Commerce Act. You may withdraw this consent only by closing your Account.

    22.5 Entire agreement and order of precedence

    These Terms (including the Acceptable Use Policy in Section 8), the Data Processing Addendum, the Privacy Policy and the Plan details accepted at purchase are the entire agreement between you and Webomax about the Service. They replace all earlier or contemporaneous agreements, proposals and representations about it. If they conflict, the following order applies: (a) a separate written agreement signed by an authorized representative of Webomax, to the extent it expressly overrides these Terms; (b) the DPA, for matters about the processing of Customer Personal Data and data protection; (c) these Terms, except that the Privacy Policy governs how we handle personal information for which we are a controller; and (d) Plan details and Documentation. Terms in any purchase order or other document you send us do not apply and are rejected.

    22.6 Severability

    If any provision of these Terms is found invalid or unenforceable, it will be enforced to the maximum extent permitted and modified to the minimum extent needed to make it enforceable, and the remaining provisions stay in full effect. This Section is subject to Sections 18.7 and 18.13.

    22.7 No waiver

    Our failure or delay in enforcing any provision is not a waiver of it. A waiver is effective only if it is in writing and signed by us.

    22.8 Relationship of the parties

    You and Webomax are independent contractors. These Terms do not create any partnership, joint venture, employment, agency, franchise or fiduciary relationship.

    22.9 No third-party beneficiaries

    These Terms do not give any rights to anyone other than you and Webomax, except that the Webomax Parties may enforce Sections 15, 16 and 17.

    22.10 Survival

    Any provision that by its nature should survive the end of these Terms survives, including Sections 1, 4.2, 5, 6, 9 (as to amounts owed and the nature of Credits), 10.4, 10.5, 11, 12 and 15 to 22.

    22.11 US government users

    The Service and Documentation are "commercial products", "commercial computer software" and "commercial computer software documentation" as those terms are used in the Federal Acquisition Regulation (48 C.F.R. 2.101 and 12.212) and the Defense Federal Acquisition Regulation Supplement (48 C.F.R. 227.7202). US government users receive only the rights granted to all customers in these Terms.

    22.12 Equitable relief

    A breach of Section 8, 11 or 12 may cause Webomax irreparable harm for which money damages would not be an adequate remedy. In addition to any other remedy, Webomax may seek injunctive or other equitable relief, without posting a bond where the law permits.

    22.13 Publicity

    We may identify you by name and logo as a customer of the Service, unless you ask us not to by emailing info@simurg.me.

    22.14 Notice to California users

    Under California Civil Code Section 1789.3, California users are entitled to the following notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

    22.15 Language

    These Terms are written in English, and the English version controls. Any translation is provided for convenience only. The parties have required that these Terms and all related documents be drawn up in English.

    22.16 Interpretation

    In these Terms: "including" and similar words mean "including without limitation"; headings are for convenience only and do not affect interpretation; the singular includes the plural and the reverse; "days" means calendar days; "written" and "in writing" include email; and a reference to a law includes that law as amended and any successor to it. These Terms will not be interpreted against either party because that party drafted them.

    23. Contact

    If you have questions about these Terms, or need to send us a notice, contact:

    Webomax LLC
    2810 N Church St PMB 93469
    Wilmington, Delaware 19802-4447
    United States

    Email: info@simurg.me
    Website: simurg.me