Terms of Service

These Terms of Service ("Terms") govern your access to and use of the products, websites, and services (collectively, the "Service") offered by Aqen Inc ("Aqen", "we", "us"). By creating an account or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

Aqen is an agentic platform that takes business intent, understands a founder's context, and orchestrates execution across business functions including formation, finance, compliance, product, go-to-market, marketing, and operations. The Service may take actions on your behalf where you have explicitly authorized it to do so, subject to the safeguards described below.

Beta status. The Service is currently offered in closed beta. Access is gated via a waitlist and admission is at Aqen's discretion. Beta features may be added, modified, or withdrawn on shorter notice than the change-notice periods set out below; Aqen will use reasonable efforts to communicate material beta changes in advance.

2. Eligibility & Accounts

• You must be at least 18 years old and able to form a binding contract.
• You are responsible for the accuracy of the information you provide and for all activity under your account.
• You agree to keep your credentials confidential and to notify us promptly of any unauthorized access.
• One human per account. Sharing a single account across multiple individuals is not permitted.

3. Authorization & Agentic Actions

The Service can take actions on your behalf — sending communications, calling third-party APIs, creating records in connected systems, drafting documents, and similar — only within the scope you have authorized. The following safeguards apply to every autonomous action:

• Approval gate. Material decisions require your explicit confirmation before execution.
• Budget cap. Spend-touching actions are bounded by the per-tenant budget ledger and the limits you set.
• Policy engine. Each action is evaluated against the Policy Engine before execution; actions that exceed your authorization or budget are refused.
• Audit trail. Every action is logged with context, inputs, outputs, model/model-mix, token counts, cost, and outcome.
• Rollback ledger. Where technically feasible, actions affecting external systems are recorded with reversal information so that they can be reversed via the in-product rollback flow. Actions that cannot be safely reversed (for example, externally completed transactions) are surfaced as non-reversible at the time you authorize them.

Hard floor — never autonomous. The following actions always require your explicit confirmation, regardless of any prior authorization or behavioral track record: equity issuance, wire transfers, payroll runs, signed legal contracts, regulatory filings (including formation filings via providers such as Stripe Atlas), and any action that imposes binding obligations on you or your business.

4. Acceptable Use

You agree not to:

• Use the Service to violate any applicable law, including export controls, sanctions, or anti-money-laundering laws.
• Use the Service to harm, defraud, or impersonate others.
• Attempt to circumvent the Service's safety controls, rate limits, or access controls.
• Reverse engineer, decompile, or attempt to extract the underlying models, prompts, or proprietary logic.
• Use the Service to build a competing product, train a competing model, or scrape outputs at scale.
• Upload content you do not have the rights to share or content that infringes another party's rights.

5. Your Content

You retain ownership of the data, documents, prompts, and other content you submit to the Service ("Customer Content"). You grant Aqen a limited, non-exclusive license to host, process, and transmit Customer Content for the sole purpose of operating and improving the Service for you. We do not use Customer Content to train foundation models or any model that benefits other customers. We may use PII-sanitized Customer Content to fine-tune per-tenant model adapters that personalize the Service to your business; this fine-tuning stays within your tenant boundary and is never used to benefit other customers. Any per-tenant adapter derived from your Customer Content is deleted within the same timeframes and on the same triggers as your Customer Content itself (see the Privacy Policy retention section). See the Privacy Policy and Data Handling page for the full description. We will not sell Customer Content.

6. Sub-processors & AI Models

The Service relies on third-party sub-processors — including AI model providers — to function. The current list is published in our Data Handling page and updated when it changes. By using the Service you authorize transmission of Customer Content to these sub-processors solely as required to deliver the Service.

7. Fees, Billing, and Credits

Paid plans are billed on the cadence shown at sign-up (typically monthly or annually). Fees are non-refundable except where required by law or expressly stated below.

Credits. Metered usage of the Service is denominated in credits. Each plan includes a per-seat allowance per billing period (Trial, Startup, Pro) or a pooled allowance across seats (Enterprise). Each metered operation consumes a fixed number of credits per the published credit schedule. Aqen will give at least 30 days' notice of any change to the credit-cost schedule.

Overage & hard cap. Between 100% and 120% of your included-plus-purchased allowance, an overage rate applies per credit consumed. The rates as of the Effective Date are: $0.15 per credit on Startup and Pro plans and $0.12 per credit on Enterprise plans. The Trial plan does not include overage; the Trial caps at 100% of its included allowance. Current rates and the full credit schedule are published at aqen.ai/pricing and are incorporated into these Terms by reference. Changes to overage rates follow the notice provisions in this section. At 120% of your envelope, the Service stops accepting new metered work for the remainder of the billing period unless you (a) upgrade to a plan with a larger included allowance, (b) add seats, or (c) purchase additional credits, in each case through your account settings or by contacting billing@aqen.ai. You will receive a soft alert at 80% and at 100% of your allowance.

No rollover. Unused credits — whether included with your plan or purchased separately as add-on credits — do not roll over between billing periods. The credit envelope resets at the start of each billing period.

Beta pricing lock. Aqen's published pricing as of the Effective Date is locked through the first 50 paying seats across all customers. After that threshold, any change will follow the notice procedures below.

Right to reprice. Subject to the beta pricing lock above, Aqen may change prices, plan tiers, or usage limits with at least 30 days' notice sent to the email associated with your account. Continued use of the Service after the effective date of a price change constitutes acceptance. If you do not accept the new pricing, you may cancel before the effective date and any pre-paid amounts covering periods after the effective date will be refunded on a pro-rata basis.

8. Suspension & Termination

You may cancel your account at any time. We may suspend or terminate your access if you materially breach these Terms, if continued service would expose Aqen to legal or security risk, or if required by law. Upon termination you remain responsible for fees accrued before termination, and we will retain or delete your data as described in the Privacy Policy.

9. Warranties & Disclaimers

The Service is provided "as is" and "as available". AI-generated outputs may be inaccurate, incomplete, or unsuitable for your specific situation, and you are responsible for reviewing them before relying on them or before authorizing the Service to act on them. Aqen does not provide legal, tax, accounting, medical, or licensed-professional advice. To the fullest extent permitted by law, Aqen disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of Liability

To the fullest extent permitted by law, Aqen's aggregate liability arising out of or related to these Terms or the Service will not exceed the greater of (a) the fees you paid to Aqen in the twelve months preceding the event giving rise to the claim, or (b) US$100. Aqen will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, or loss of business opportunity, even if advised of the possibility.

11. Indemnification

You will defend and indemnify Aqen against third-party claims arising from your Customer Content, your use of the Service in violation of these Terms or applicable law, and authorizations you grant to the Service to act on your behalf.

12. Changes to the Service or these Terms

We may modify these Terms with reasonable notice. Material changes will be communicated by email and/or in-product notice at least 30 days before they take effect, except where a shorter period is required by law or by a security or compliance issue.

13. Governing Law & Disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws principles. Any dispute will be resolved in the state or federal courts located in Delaware, and you and Aqen consent to the personal jurisdiction of those courts.

14. Contact