These Terms of Service (the "Terms") are an agreement between you and Agent 37 Inc. ("Agent 37", "we", "us"). They govern your use of agent37.com, the Agent 37 dashboard, the Agent 37 Cloud API, and every hosted instance we run for you (together, the "Service").
1. Acceptance of these Terms
By creating an account, minting an API key, or using the Service, you agree to these Terms and to our Privacy Policy. If you use the Service on behalf of a company or another legal entity, you represent that you have authority to bind that entity, and "you" refers to it. You must be old enough to form a binding contract in your jurisdiction to use the Service.
2. What the Service is
Agent 37 provides persistent, isolated sandboxes for AI agents. You can create instances from our dashboard or provision them programmatically through the Agent 37 Cloud API, running agents such as Hermes, OpenClaw, and Claude Code, or your own custom template built from a Docker image. Each instance gets its own URL, keeps its files and memory, and runs in its own isolated environment on infrastructure we operate, with optional public ports and custom domains.
3. Accounts and workspaces
You are responsible for your account and everything that happens under it. Keep your login, API keys, and instance credentials confidential; anyone holding them can act as you. If you add members to your workspace, their actions in that workspace are your responsibility. Tell us right away at info@agent37.com if you believe your account has been compromised.
4. Plans, billing, and refunds
The Service is paid for in one of two ways:
- Subscriptions. Dashboard hosting plans bill monthly through Stripe and renew automatically until you cancel. Cancellation takes effect at the end of the current billing period.
- Prepaid usage. Agent 37 Cloud runs on a prepaid balance. You top up your workspace, and we meter usage against that balance: compute while an instance is running and storage for as long as it exists, including while it is stopped or sleeping, at the rates shown on our pricing page and in your dashboard, plus model or service usage made with credentials we issue you, passed through at cost. Auto top-up is on by default after your first top-up: when your balance falls below the configured threshold, we charge your saved payment method for the configured amount. You can change or turn it off any time in your billing settings. If your balance runs out, we may pause your instances until you top up; your data is kept per our Privacy Policy.
If you are not satisfied during your first month on a subscription, contact us before your second billing cycle and we will refund it in full, no questions asked. Otherwise, and except where the law requires more, fees and prepaid top-ups are non-refundable. If something went wrong on our side, reach out and we will make it right. Promotional credits have no cash value and we may change or withdraw them. Prices may change; we will give notice before a change affects what you already pay. Fees exclude taxes, which you are responsible for.
5. Your content and data
Everything you put on your instances stays yours. You grant us only the limited rights needed to host, run, back up, and serve it as part of operating the Service. We do not access the contents of your instances in the normal course of operations, and we do not train models on your data. Our Privacy Policy describes what we collect and how long we keep it.
We maintain operational backups, but the Service is not a backup product. Keep your own copies of anything you cannot afford to lose. When you delete an instance, we keep a recovery copy for the period described in our Privacy Policy.
Your data is encrypted in transit (TLS 1.2 or better). Backups and account data are encrypted at rest (AES-256), and Agent 37 Cloud instance storage runs on dedicated single-tenant hardware with volume-level encryption. Our Privacy Policy has the details.
6. Your agents act for you
Agents you host can send messages, call APIs, browse the web, and act on services you connect. You are responsible for what your agents do and produce, including on messaging platforms and third-party services they touch. You must comply with the terms of those platforms and providers (for example WhatsApp, Telegram, your LLM provider, and integration providers such as Composio). If you expose an instance port publicly or share a signed URL, you are responsible for what you expose.
You are welcome to build the Service into your own product, including giving your end users white-labeled agents on their own instances. Your end users are your customers, not ours: you are responsible for their use of your product, for your own terms and privacy policy with them, and for having the rights and consents you need for anything you or they put on an instance.
7. Acceptable use
You may not use the Service to:
- break the law, or infringe anyone's rights;
- distribute malware, phish, spam, defraud, harass, or generate content designed to harm others;
- probe, attack, or disrupt our infrastructure or anyone else's, or interfere with other customers' instances;
- mine cryptocurrency;
- circumvent metering, resource limits, or instance isolation;
- resell bare access to the Service as if it were your own hosting platform, without a written agreement with us. Building the Service into your own product, as described in section 6, is expected and welcome.
We may suspend or remove workloads that violate this section.
8. AI outputs
Agents on the Service use AI models operated by third parties. Their outputs are probabilistic and can be wrong, incomplete, or outdated. Review outputs before relying on them. Nothing an agent produces is professional advice from us.
9. Availability and changes to the Service
We work hard to keep the Service up, but we do not promise a specific uptime level unless we have agreed to one with you in writing. We may perform maintenance, and we may add, change, or discontinue features. If a change materially reduces the Service you pay for, we will give you notice.
10. Publicity
You grant us the right to use your name and logo to identify you as a customer on our website and in our marketing materials. You can opt out at any time by emailing info@agent37.com, and we will stop within a reasonable period.
11. Intellectual property
The Service itself, including our software, APIs, templates we publish, and branding, belongs to Agent 37 and its licensors. If you send us feedback or suggestions, we may use them without obligation to you.
12. Suspension and termination
You can stop using the Service, cancel subscriptions, or delete your instances and account at any time. We may suspend or terminate your access if you materially violate these Terms, if your account is past due, if your workload puts the platform or others at risk, or if the law requires it. Where reasonable, we will notify you and give you a chance to fix the problem first. After termination, we delete your data as described in our Privacy Policy.
13. Disclaimers
The Service is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
14. Limitation of liability
To the fullest extent permitted by law, Agent 37 will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Our total liability for all claims arising out of the Service is limited to the amounts you paid us in the twelve months before the event giving rise to the claim, or one hundred US dollars if you have paid us nothing.
15. Indemnification
You will defend and indemnify Agent 37 against third-party claims arising from your content, your agents' actions, or your breach of these Terms.
16. Governing law
These Terms are governed by the laws of the State of New York, without regard to its conflict of law rules. Disputes will be resolved in the state or federal courts located in New York, and both sides consent to their jurisdiction.
17. Changes to these Terms
We may update these Terms from time to time. If a change is material, we will give you notice, such as by email or in the dashboard, before it takes effect. Continuing to use the Service after a change takes effect means you accept the updated Terms.
18. Contact
Questions about these Terms? Email info@agent37.com.