Terms of Service

1. Acceptance of these terms

These Terms of Service are between you and HeyMall, Inc., doing business as AgentSky (“AgentSky,” “we,” “us,” or “our”). By creating an account or using AgentSky (agentsky.dev, the app, APIs, and CLI — together, the “Service”), you agree to these Terms. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to it.

2. The service

AgentSky lets you launch and operate long-running AI agents: choose a harness and model, attach capabilities and connectors, and reach your agents over channels such as web chat, Telegram, Slack, Discord, and the CLI.

Agents run in isolated, managed environments. We may change, add, or remove features as the Service evolves; if a change materially reduces core functionality you pay for, we will use reasonable efforts to notify you in advance.

3. Accounts

You must provide accurate account information and keep access to your account secure. You are responsible for all activity under your account, including actions your agents take at your direction. Notify us promptly of any unauthorized use.

4. Billing and parked agents

Active agents are billed at the published rates, starting at $3 per month per agent, plus usage-based charges (for example model tokens and capability calls) drawn from your credit balance. Parked agents are free while parked.

Charges are non-refundable except where required by law. We may change pricing with prior notice; changes take effect at your next billing cycle.

5. Acceptable use

You may not use the Service, or direct an agent, to break the law, infringe others' rights, distribute malware, send spam or unsolicited bulk messages, probe or disrupt systems you are not authorized to access, or circumvent usage limits or safety measures of AgentSky or the underlying model providers.

You may not use Output to develop an agent platform or model routing service that competes with the Service, and you may not resell access to the Service without a written agreement with us.

You are responsible for how your agents interact with third-party platforms (such as Slack, Telegram, or services reached through connectors) and for complying with those platforms' terms.

6. Your content and agent data

You provide input to the Service — prompts, files, connector data, and agent configuration (“Input”) — and your agents produce output, logs, and execution traces (“Output”). Input and Output together are “Content”. You are responsible for Content, and you represent and warrant that you have all rights, licenses, and permissions needed to provide Input to the Service.

As between you and us, and to the extent permitted by applicable law, you retain your ownership rights in Input and own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output. Due to the nature of the Service and of artificial intelligence generally, Output may not be unique, and other users may receive similar output; this assignment does not extend to other users' output.

By making Content available through the Service, you grant AgentSky a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, host, cache, store, reproduce, transmit, publicly display, publicly perform, publish, distribute, and modify (for formatting purposes only) your Content solely in connection with operating and providing the Service. Storage and further use of Content are licensed separately, in section 7.

Some models may store or train on the Input sent to them, and may allow you to opt out of model training, as described in their own terms. Where possible, AgentSky has opted out of model training with the models it routes to. Connector access tokens are held by our managed OAuth broker, not stored by AgentSky.

7. Storage and use of your content

Storing your Content and using your Content are separate questions, and we license them separately. Each paragraph below applies only where the corresponding setting is enabled in your Workspace, and each of those settings is yours to change at any time. Trace contribution is off by default, and its license applies only to Content submitted after it is enabled.

(a) Trace history. If you have enabled trace history, you grant AgentSky a worldwide, revocable, non-exclusive, royalty-free, fully paid right and license to host, store, copy, and use your Content solely for purposes of displaying the Content to you and to your Workspace members — session history, replay, and debugging.

(b) Processing-related storage. We temporarily store Content in order to process your requests. AgentSky does not access Content stored under this paragraph (b) except as necessary to operate, secure, or troubleshoot the Service, or as required by law.

(c) Trace contribution. If you have enabled trace contribution, you grant AgentSky a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, adapt, translate, prepare derivative works of, and distribute your Content, in order to operate, evaluate, and improve the Service and the harnesses and models we route to, and to publish results such as harness and model comparisons on our Playground and leaderboards. This license also permits AgentSky to license or sell your Content in anonymized form after taking reasonable measures designed to remove direct and indirect identifiers and prevent the Content from being associated with you or your account. AgentSky will maintain that Content in de-identified form and will not attempt to re-identify it.

(d) Categorization of Inputs. You grant AgentSky a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to use, host, reproduce, and prepare derivative works of your Inputs in anonymized form, solely for tracking and sharing usage metrics. Unless trace contribution is enabled, Inputs are not retained or associated with you or your account after categorization.

(e) Provider training routing. Some model providers store or train on what is sent to them. Your Workspace carries separate settings for paid and free models controlling whether we may route your requests to providers that do not offer a training opt-out. The model picker identifies the provider that will receive your Content; that provider's current data policy controls its practices.

(f) Zero Data Retention. Under an enterprise agreement, Content is held only for as long as needed to route and execute the request and is not written to durable storage by AgentSky; paragraphs (a) and (c) do not apply. Where the underlying model provider offers Zero Data Retention, we pass that option through. Write to support@agentsky.dev for an enterprise agreement or a data processing addendum.

Retention periods for Content stored under this section vary by feature and are described in the applicable feature documentation. Regardless of these settings, we retain the operational, security, abuse, and billing records described in our Privacy Policy.

8. Third-party models and services

The Service enables you to access third-party harnesses, models, and applications (for example Anthropic, OpenAI, Google, and apps reached through connectors), which are not owned or controlled by AgentSky. Their availability is outside our control, their own terms apply to their services, and we are not responsible for their content, accuracy, privacy policies, outputs, or conduct.

Content you send to a third-party model is subject to that provider's data retention and training practices, which we do not control. The licenses in section 7 bind AgentSky. We strive to state each provider's practices accurately and to update them as they change, but we are not liable for an error in a provider's own representation of its practices. By using the Service, you release and hold us harmless from liability arising out of your use of any third-party model.

9. Intellectual property

We retain all rights in the Service, including its software, design, and branding. These terms grant you no rights in the Service other than the limited right to use it while these terms are in effect.

10. Disclaimers

The Service is provided “as is” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Agent outputs are generated by AI models and may be inaccurate; you are responsible for reviewing outputs before relying on them.

11. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or lost profits, revenue, or data. Our aggregate liability arising out of the Service is limited to the amounts you paid us in the twelve months before the claim.

12. Termination

You may stop using the Service and delete your agents at any time. We may suspend or terminate access for breach of these terms, to comply with law, or to protect the Service and its users; where practical, we will notify you and give you a chance to export your data.

13. Changes to these terms

We may update these terms from time to time. Material changes will be announced through the Service or by email before they take effect; continued use after the effective date constitutes acceptance.

A change to section 7 that would widen how we may use Content applies only to Content you submit after the change takes effect. We do not apply a new data license retroactively to Content submitted under an earlier version of these terms.

14. Contact

Questions about these terms: support@agentsky.dev. How we handle personal data is described in our Privacy Policy at agentsky.dev/privacy.