End User License Agreement (EULA)

1. DEFINITIONS

"Agreement" means this End User License Agreement, including all amendments and updates.

"Agentickle," "Service," "Platform" means the Agentickle software, website, applications, APIs, and all related services, including but not limited to the visual builder, marketplace, runtime engine, browser extension, desktop application, and all associated infrastructure.

"Company," "We," "Us," "Our" means the owner and operator of Agentickle.

"User," "You," "Your" means any individual or entity that accesses or uses the Service.

"Agent" means any AI-powered automation, workflow, or tool created, published, or executed through the Platform.

"Content" means any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, works of authorship, applications, links, created tasks, and other content or materials.

2. ACCEPTANCE OF TERMS

2.1 By creating an account, accessing, or using the Service in any way, you represent and warrant that: (a) you are at least 18 years of age or the age of legal majority in your jurisdiction; (b) you have the legal authority to enter into this Agreement; (c) you have read, understood, and agree to be bound by this Agreement; and (d) you are not prohibited from receiving the Service under the laws of any applicable jurisdiction.

2.2 If you are using the Service on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind such entity to this Agreement, and "You" and "Your" shall refer to such entity.

2.3 Modifications to Agreement. We reserve the right to modify this Agreement at any time without prior notice. The modified Agreement will be effective immediately upon posting on our website. It is your sole responsibility to review this Agreement periodically for changes. The "Last Updated" date at the top of this Agreement indicates when the most recent changes were made.

2.4 Acceptance of Modifications. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE POSTING OF ANY MODIFIED AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THE MODIFIED AGREEMENT. There is no grace period, summary of changes, or notification requirement beyond posting the updated Agreement. If you do not agree to any modification, your sole and exclusive remedy is to terminate your account and cease using the Service.

2.5 Termination Upon Disagreement. If you do not agree to the modified Agreement, you must immediately stop using the Service and terminate your account. Upon termination, you may request a copy of your data by contacting us at the email address specified in the "Contact" section within thirty (30) days of termination. We will provide your data in a commonly used, machine-readable format where technically feasible. After this thirty (30) day period, we may delete your data in accordance with our data retention policies.

3. AI AND AUTOMATION SPECIFIC DISCLAIMERS

3.1 AI Limitations. You expressly acknowledge and agree that:

• AI-powered agents may generate incorrect, biased, harmful, or nonsensical outputs
• AI outputs should never be relied upon for medical, legal, financial, or other professional advice
• AI may "hallucinate" or fabricate information that appears factual but is false
• AI responses are not guaranteed to be accurate, complete, current, or reliable
• AI may interpret instructions differently than intended, leading to unexpected actions
• AI-powered automations may fail, produce errors, or behave unpredictably
• Third-party AI models integrated into the Service are subject to their own limitations and terms

3.2 No Professional Advice. The Service and any outputs generated by agents are provided for informational and automation purposes only and do not constitute professional advice of any kind. You should always consult qualified professionals for medical, legal, financial, tax, or other professional matters.

3.3 User Responsibility. You are solely responsible for:

• Reviewing, verifying, and validating all AI-generated outputs before use or reliance
• Determining the appropriateness of any agent for your specific use case
• All decisions and actions taken based on agent outputs
• Any consequences, damages, or losses resulting from your use of AI-generated content
• Ensuring compliance with all applicable laws when using agents and their outputs

4. DISCLAIMER OF WARRANTIES

4.1 No Warranty. To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to:

• Any warranty that the Service will meet your requirements or expectations
• Any warranty that the Service will be uninterrupted, timely, secure, or error-free
• Any warranty regarding the accuracy, reliability, or completeness of any content or outputs
• Any warranty that defects will be corrected
• Any warranty that the Service is free of viruses or other harmful components
• Any warranty regarding the results that may be obtained from use of the Service
• Any warranty regarding agents created by third-party builders

4.2 Third-Party Content. The Service may contain or provide access to third-party content, including agents created by third-party builders. The Company makes no warranties whatsoever regarding such third-party content and shall not be liable for any third-party content.

4.3 Beta Features. Any beta, experimental, or preview features are provided "as is" without any warranty and may be discontinued at any time without notice.

5. LIMITATION OF LIABILITY

5.1 Exclusion of Damages. Without limiting the foregoing, the Company shall not be liable for any damages arising from or related to:

• Your use or inability to use the Service
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from the Service
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service
• Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content
• The conduct of any third party on the Service
• Any inaccurate, incorrect, or unexpected outputs from AI-powered agents
• Any actions taken by agents, whether intended or unintended
• Any decisions made based on agent outputs
• Any data loss or corruption
• Any security breaches or unauthorized access
• Any business interruption or economic loss
• Any failure to meet any duty, including good faith or reasonable care

5.2 Maximum Liability Cap. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM; OR (B) ONE HUNDRED CANADIAN DOLLARS ($100 CAD) OR THE EQUIVALENT IN YOUR LOCAL CURRENCY.

5.3 Essential Basis. You acknowledge and agree that the limitations of liability set forth in this section are essential elements of this Agreement and that the Company would not provide the Service to you without such limitations.

5.4 Jurisdictional Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that the Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Company's liability shall be the minimum permitted under such applicable law.

6. INDEMNIFICATION

6.1 Your Indemnification Obligations. You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees and costs) arising from:

• Your use of and access to the Service
• Your violation of any term of this Agreement
• Your violation of any third-party right, including without limitation any copyright, trademark, trade secret, or other intellectual property right, or privacy or publicity right
• Your violation of any applicable law, rule, or regulation
• Any content or data you submit, post, or transmit through the Service
• Any agents you create, publish, or distribute through the Service
• Any claim that your agents or content caused damage to a third party
• Your use of or reliance on any AI-generated outputs
• Any automated actions performed by agents you use or create
• Any third-party claim relating to your use of the Service

6.2 Defense and Settlement. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company.

7. DISPUTE RESOLUTION AND ARBITRATION

7.1 Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to first contact us at the email address specified in the "Contact" section and attempt to resolve the dispute informally. We will attempt to resolve the dispute by contacting you via email. If a dispute is not resolved within thirty (30) days of submission, either party may proceed with formal dispute resolution.

7.2 Agreement to Arbitrate. You and the Company agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the Service, including the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be settled by binding arbitration, rather than in court, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

7.3 Arbitration Rules and Location. For users located in Canada, arbitration shall be administered by the ADR Institute of Canada (ADRIC) pursuant to its Arbitration Rules. For users located outside of Canada, arbitration shall be administered by the International Centre for Dispute Resolution (ICDR) of the American Arbitration Association pursuant to its International Arbitration Rules. The arbitration shall be conducted in English. The seat of arbitration shall be Toronto, Ontario, Canada. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

7.4 Class Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

7.5 Exceptions. Notwithstanding the foregoing, (a) either party may bring an individual action in small claims court if the claim qualifies; (b) either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights; (c) this arbitration agreement does not preclude you from bringing issues to the attention of federal, provincial, or local agencies, including consumer protection agencies; and (d) nothing in this section shall limit any rights that cannot be waived under applicable consumer protection laws.

7.6 Opt-Out. You may opt out of this arbitration agreement by sending written notice of your decision to opt out to the email address specified in the "Contact" section within thirty (30) days of first accepting this Agreement. Your notice must include your name, mailing address, and a statement that you wish to opt out of this arbitration agreement.

7.7 Consumer Rights Preserved. Nothing in this section is intended to limit any non-waivable statutory rights you may have under the consumer protection laws of your jurisdiction. If you are a consumer in the European Union, United Kingdom, Australia, or other jurisdiction with mandatory consumer arbitration protections, you may have additional rights that cannot be waived.

8. ACCEPTABLE USE AND PROHIBITED CONDUCT

8.1 Prohibited Uses. You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party right
• Create, distribute, or use agents for any illegal, harmful, or malicious purpose
• Harass, abuse, threaten, or incite violence against any individual or group
• Generate or distribute spam, malware, or phishing attempts
• Infringe upon any intellectual property rights
• Attempt to gain unauthorized access to any systems or data
• Interfere with or disrupt the Service or servers
• Circumvent any security features or access controls
• Scrape, harvest, or collect user data without consent
• Impersonate any person or entity
• Generate content that is defamatory, obscene, or hateful
• Use the Service for any purpose that is not expressly permitted by this Agreement

8.2 Enforcement. We reserve the right, but have no obligation, to monitor your use of the Service. We may, in our sole discretion, terminate your access to the Service for any violation of this Agreement or for any other reason.

9. INTELLECTUAL PROPERTY

9.1 Company IP. The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

9.2 Your Content. You retain ownership of any content you create or upload to the Service. By uploading content, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with providing the Service.

9.3 AI-Generated Content. To the extent permitted by applicable law, you acknowledge that AI-generated outputs may not be subject to copyright protection. Any rights to AI-generated content are provided "as is" without any warranty of ownership or non-infringement.

9.4 Feedback. If you provide the Company with any feedback, suggestions, or ideas regarding the Service, you hereby assign to the Company all rights in such feedback and agree that the Company may use such feedback without restriction or compensation to you.

10. DATA AND PRIVACY

10.1 Data Collection. We collect and process data as described in our Privacy Policy, which is incorporated into this Agreement by reference. By using the Service, you consent to such collection and processing in accordance with applicable privacy laws.

10.2 Canadian Privacy Law (PIPEDA). For users in Canada, we comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation. You have the right to access, correct, and request deletion of your personal information in accordance with these laws.

10.3 European Users (GDPR). For users in the European Economic Area (EEA), United Kingdom, or Switzerland, we process personal data in accordance with the General Data Protection Regulation (GDPR) and applicable local data protection laws. You have rights including access, rectification, erasure, restriction of processing, data portability, and objection. The legal basis for processing your data is the performance of this Agreement, our legitimate interests, or your consent where required.

10.4 International Data Transfers. Your data may be transferred to and processed in countries other than your country of residence, including Canada and the United States. We implement appropriate safeguards for such transfers, including standard contractual clauses where required.

10.5 Data Security. While we implement reasonable security measures in accordance with industry standards, you acknowledge that no method of transmission over the Internet or electronic storage is 100% secure. We cannot guarantee the absolute security of your data.

10.6 Your Responsibility. You are solely responsible for maintaining the security of your account credentials and for any activities that occur under your account.

10.7 Data Loss. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, CORRUPTION, OR UNAUTHORIZED ACCESS TO YOUR DATA, INCLUDING BUT NOT LIMITED TO DATA PROCESSED BY AI AGENTS. This limitation does not apply where prohibited by applicable data protection laws.

10.8 Data Retention. We retain your data for as long as your account is active or as needed to provide you the Service. You may request deletion of your data by contacting us, subject to our legal obligations to retain certain information.

11. THIRD-PARTY SERVICES

11.1 Third-Party Integrations. The Service may integrate with or rely upon third-party services, including but not limited to AI model providers (e.g., Anthropic), payment processors, OAuth providers, and MCP tool providers.

11.2 No Responsibility. The Company is not responsible for any third-party services and makes no warranties regarding their availability, accuracy, or security. Your use of third-party services is subject to their respective terms and conditions.

11.3 Third-Party Agents. Agents created by third-party builders are subject to separate terms and the Company makes no warranties regarding such agents. You use third-party agents at your own risk.

12. TERMINATION

12.1 Termination by You. You may terminate your account at any time by contacting us.

12.2 Termination by Company. We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach this Agreement.

12.3 Effect of Termination. Upon termination, your right to use the Service will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12.4 No Refunds. Unless required by applicable law, all fees paid are non-refundable upon termination.

13. GOVERNING LAW AND JURISDICTION

13.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

13.2 Jurisdiction. Subject to the arbitration provisions above, any legal action or proceeding relating to this Agreement shall be instituted exclusively in the courts of the Province of Ontario located in Toronto, and you and the Company irrevocably submit to the exclusive jurisdiction of such courts.

13.3 International Users. If you are accessing the Service from outside Canada, you acknowledge that by using the Service, you are transferring your personal information to Canada and you consent to that transfer. You are responsible for compliance with all local laws applicable to your use of the Service in your jurisdiction.

13.4 Consumer Protection Laws. Nothing in this Agreement shall affect any mandatory statutory rights that cannot be waived under applicable consumer protection laws in your jurisdiction. For consumers in the European Union, you may also have rights under the laws of your country of residence. For consumers in Australia, you may have rights under the Australian Consumer Law that cannot be excluded.

14. GENERAL PROVISIONS

14.1 Entire Agreement. This Agreement constitutes the entire agreement between you and the Company regarding the Service and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral.

14.2 Severability. If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

14.3 Waiver. The Company's failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision.

14.4 Assignment. You may not assign or transfer this Agreement or your rights hereunder without the Company's prior written consent. The Company may assign this Agreement without restriction.

14.5 Force Majeure. The Company shall not be liable for any failure or delay in performing its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

14.6 Headings. The section headings in this Agreement are for convenience only and have no legal or contractual effect.

14.7 No Third-Party Beneficiaries. This Agreement does not create any third-party beneficiary rights.

14.8 Language. This Agreement is drafted in English, and the English language version shall be controlling in all respects. Any translation provided is for convenience only. For users in Quebec, the parties have expressly agreed that this Agreement and all related documents be drafted in English. Les parties ont expressément convenu que le présent accord et tous les documents connexes soient rédigés en anglais.

14.9 Electronic Communications. You consent to receive communications from us electronically, including by email and by notices posted on the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

14.10 California Residents. If you are a California resident, you have certain rights under the California Consumer Privacy Act (CCPA), including the right to know what personal information we collect, the right to delete your personal information, and the right to opt-out of the sale of your personal information. We do not sell personal information. To exercise your CCPA rights, please contact us at privacy@agentickle.com.

15. ASSUMPTION OF RISK

15.1 Voluntary Use. Your use of the Service is entirely voluntary. You assume all risks associated with such use, including but not limited to the risk of receiving incorrect, harmful, or offensive content from AI-powered agents.

15.2 No Insurance. The Company does not provide any insurance coverage for any losses or damages that may result from your use of the Service.

15.3 Acknowledgment. BY USING THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU USE THE SERVICE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.

16. EXPORT COMPLIANCE AND INTERNATIONAL USE

16.1 Export Controls. The Service may be subject to Canadian export control laws and regulations, as well as export or import regulations in other countries. You agree to comply with all applicable export and re-export control laws and regulations, including the Export and Import Permits Act (Canada) and the Export Administration Regulations maintained by the U.S. Department of Commerce.

16.2 Sanctions Compliance. You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to Canadian or U.S. sanctions, and that you are not on any sanctions lists maintained by Canada, the United States, the European Union, or the United Nations.

16.3 Local Law Compliance. You are solely responsible for compliance with all local laws applicable to your use of the Service, including laws regarding online conduct, acceptable content, and data privacy.

17. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us at:

Agentickle
Toronto, Ontario, Canada

Email: legal@agentickle.com
Subject Line: EULA Inquiry

For privacy-related inquiries or to exercise your data protection rights, please contact:
Email: privacy@agentickle.com