Last updated: February 2, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and OpenProdkt ("Company," "we," "our," or "us") governing your access to and use of the OpenProdkt Agentic Platform and related services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. If you are entering into these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
OpenProdkt provides a multi-tenant AI automation platform built on a Control Plane / Data Plane (CP/DP) architecture. The Services include:
To use the Services, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to immediately notify us of any unauthorized access or use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.
You agree not to use the Services to:
Our pricing consists of a flat base fee plus pay-as-you-go charges based on per-execution usage (tokens, infrastructure resources, and execution metadata). Current pricing is available on our website or by contacting our sales team.
You agree to pay all fees associated with your use of the Services. Fees are billed monthly or as otherwise agreed in your service agreement. All fees are non-refundable except as required by law or as explicitly stated in your service agreement.
Overdue payments may incur late fees of 1.5% per month or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend or terminate your account for non-payment.
You retain all rights, title, and interest in and to your data, content, and workflows ("Customer Data") submitted to or processed by the Services. You grant us a limited license to use Customer Data solely to provide the Services and as described in our Privacy Policy.
Your Data Plane operates in an isolated environment. The Control Plane does not access tenant secrets or proprietary data. Execution plans are cryptographically signed (ES256) and verified before execution. You are responsible for configuring appropriate policies and access controls within your Data Plane.
We may collect and use anonymized, aggregated usage data to improve the Services, generate analytics, and develop new features. This data does not identify you or your Customer Data.
The Services, including all software, documentation, trademarks, logos, and content provided by us, are owned by OpenProdkt and protected by intellectual property laws. These Terms do not grant you any rights to our intellectual property except for the limited license to use the Services as described herein.
We strive to maintain high availability and performance of the Services. Our SLA commitments, including uptime guarantees and remedies, are detailed in your service agreement or available upon request. The SLA does not cover downtime caused by factors beyond our reasonable control, including customer configurations, third-party services, or force majeure events.
We warrant that the Services will perform materially in accordance with our documentation under normal use. If the Services fail to meet this warranty, your exclusive remedy is for us to use commercially reasonable efforts to correct the issue or, if we cannot, to terminate your account and refund prepaid fees for the unused portion of your subscription.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OPENPRODKT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you.
You agree to indemnify, defend, and hold harmless OpenProdkt and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:
You may terminate your account at any time by providing written notice. Upon termination, you will be responsible for all fees accrued up to the termination date.
We may suspend or terminate your account immediately if you violate these Terms, fail to pay fees, or engage in activities that harm or threaten the Services or other users.
Upon termination, your access to the Services will cease. We will delete or anonymize your Customer Data within 90 days unless you request earlier deletion or legal requirements mandate retention. You may export your data before termination.
Each party agrees to protect the other party's confidential information using the same degree of care it uses to protect its own confidential information, but no less than reasonable care. Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party without confidentiality obligations.
You agree to comply with all applicable export control laws and regulations. You represent that you are not located in a country subject to embargo or designated as a "terrorist supporting" country, and you are not on any government list of prohibited or restricted parties.
These Terms are governed by the laws of [Jurisdiction], without regard to conflict of law principles.
Any disputes arising out of or related to these Terms shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization], except that either party may seek injunctive or other equitable relief in court to protect intellectual property rights.
We may update these Terms from time to time. Material changes will be communicated by email or through a prominent notice on our website at least 30 days before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.
These Terms, together with your service agreement and our Privacy Policy, constitute the entire agreement between you and OpenProdkt regarding the Services.
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
If you have questions about these Terms, please contact us:
Email: legal@openprodkt.com
Address: OpenProdkt, [Company Address]