Terms of Service

1. Introduction and Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Agentic Tech LLC ("we," "us," or "our"), the owner and operator of agentic-plugin.com (the "Website") and the Agent Builder WordPress plugin (the "Plugin"). By accessing or using the Website, Plugin, marketplace, or any related services (collectively, the "Services"), you agree to be bound by these Terms, our Privacy Policy, and any additional terms incorporated by reference. If you do not agree to these Terms, you must not access or use the Services.

These Terms apply to all users, including visitors, registered users, buyers, sellers, and contributors. We reserve the right to refuse service to anyone for any reason at any time.

2. Description of Services

The Services include, but are not limited to:

• A WordPress plugin for building, managing, and deploying AI agents within WordPress environments;
• A marketplace for discovering, purchasing, selling, and licensing AI agents;
• Subscription-based licensing models for accessing premium features, updates, and support;
• API integrations for AI-powered functionalities, subject to third-party terms;
• Tools and resources for agent development, testing, and monetization.

We may modify, suspend, or discontinue any part of the Services at any time without notice or liability.

3. User Accounts and Registration

To access certain features of the Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration and keep it updated;
• Maintain the confidentiality and security of your account credentials;
• Be at least 18 years old (or the age of majority in your jurisdiction, whichever is greater) to create an account or make purchases;
• Not create multiple accounts for the same person or entity without our prior written consent;
• Be solely responsible for all activities occurring under your account, including any unauthorized access.

We reserve the right to suspend or terminate your account if we suspect any violation of these Terms or for any other reason in our sole discretion.

4. Licenses and Subscriptions

4.1 License Types

We offer the following license types, each with specific features and restrictions:

• Free License: Limited access to basic features, no commercial use permitted;
• Personal License: For individual, non-commercial use on three websites;
• Agency License: For commercial use on multiple websites, subject to usage limits defined in the license agreement.

4.2 License Terms

All licenses are granted on a non-exclusive, non-transferable, revocable basis unless otherwise specified. You agree:

• Licenses may not be transferred, sublicensed, or assigned without our prior written consent;
• To access updates, support, and premium features only during an active subscription period;
• Not to redistribute, resell, share, or disclose license keys or activation codes;
• That any violation may result in immediate revocation of the license without refund, and potential legal action.

Subscriptions auto-renew unless canceled. Cancellation policies are detailed in our Refund Policy, incorporated herein by reference.

5. Acceptable Use Policy

You agree to use the Services only for lawful purposes and in compliance with all applicable laws, including US and EU regulations. Prohibited activities include, but are not limited to:

• Using AI agents for illegal, fraudulent, harmful, or unethical activities, including but not limited to spam, phishing, or generating harmful content;
• Attempting to circumvent, disable, or bypass any license restrictions, security features, or access controls;
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of the Plugin or Services;
• Distributing malware, viruses, or any malicious code through the Services;
• Overloading, flooding, or attacking our systems, including excessive API requests that may constitute a denial-of-service;
• Impersonating any person or entity, or misrepresenting your affiliation;
• Scraping, harvesting, or collecting data from the Services without explicit authorization;
• Violating intellectual property rights, privacy rights, or any third-party rights;
• Using premium generative AI features (e.g., Image Generation) for activities prohibited by Google's Generative AI Prohibited Use Policy, including generating non-consensual intimate imagery, facilitating phishing or fraud, producing child sexual abuse material, or creating deceptive synthetic media intended for harm.

We monitor usage and may throttle or suspend access for violations.

6. Marketplace Rules

6.1 For Buyers

When purchasing agents:

• Agents are licensed, not sold, and subject to the seller's and our terms;
• You must review agent descriptions, compatibility, and requirements (e.g., third-party API keys like OpenAI) prior to purchase;
• All sales are final unless otherwise stated in our Refund Policy.

6.2 For Sellers

When submitting or selling agents:

• You represent and warrant that you own or have all necessary rights to the code, content, and intellectual property submitted;
• Agents must be free of malicious code, backdoors, or vulnerabilities;
• You are solely responsible for providing support, updates, and handling disputes for your agents;
• We retain a commission on all sales as specified in the seller agreement;
• Payouts are processed monthly for balances exceeding $50 USD, net of fees and withholdings;
• We may remove or reject any agent at our discretion without liability.

7. Intellectual Property Rights

The Plugin core is licensed under the GNU General Public License version 2 (GPLv2). However:

• Premium features, agents, and marketplace content may be subject to proprietary or separate licensing terms;
• Our trademarks, logos, and branding are protected and may not be used without prior written permission;
• You retain ownership of user-generated content, but grant us a worldwide, perpetual, royalty-free license to use, host, and distribute it as necessary to provide the Services;
• You agree not to infringe any third-party intellectual property through your use of the Services;
• AI-generated outputs (including images produced via the Image Generation service) are provided for your use subject to applicable law. Note that AI-generated content may have limited or no copyright protection in some jurisdictions. You bear full responsibility for reviewing, obtaining any necessary rights clearances for, and complying with all laws applicable to generated outputs before commercial use.

8. Third-Party Integrations and Services

The Services may integrate with third-party providers (e.g., OpenAI, Anthropic, xAI, Google, Mistral, Stripe). You must comply with their terms, policies, and API usage limits. We are not responsible for:

• The availability, accuracy, or performance of third-party services;
• Any changes, interruptions, or terminations by third parties;
• Costs incurred from third-party APIs or services.

8.1 AI Provider Costs

The Plugin may display estimated token usage and indicative cost information based on your AI provider's published pricing. This information is provided as a convenience only. You are solely responsible for all costs charged by your AI provider. Specifically:

• Cost estimates shown in the Plugin are approximations and may not reflect actual charges — provider pricing, model rates, and billing practices can change at any time without notice to us;
• We have no visibility into, and no control over, your AI provider account, billing settings, spending limits, or invoices;
• You are responsible for setting and monitoring any spending limits, usage caps, or budget alerts within your AI provider's dashboard;
• We are not liable for any charges, overages, or unexpected costs you incur with any AI provider, regardless of whether those costs arose from your direct use of the Plugin or from automated tasks (e.g., scheduled tasks or event listeners) configured by you;
• You should review your AI provider's pricing and terms before enabling automated or high-frequency features.

8.2 Google Vertex AI Premium Services

Premium features — including Vector Store (RAG training and semantic retrieval) and Image Generation — are powered by Google Vertex AI (a Google Cloud service). Your use of these features is subject to Google's terms, including:

• Generative AI Prohibited Use Policy: Prohibits illegal, harmful, deceptive, or abusive activities including generating non-consensual intimate imagery, facilitating phishing, producing child exploitation material, and creating harmful misinformation or deepfakes;
• Google Cloud Acceptable Use Policy;
• SynthID Watermarking: All images generated via our Image Generation service include a mandatory SynthID digital watermark (imperceptible to humans, non-removable) embedded by Google Vertex AI for traceability and responsible AI compliance. This cannot be disabled;
• Abuse monitoring: Google may log prompts and outputs for abuse detection and safety enforcement purposes.

You must not use these features for any prohibited purpose. Violations may result in immediate suspension of your premium access without refund. We are not liable for Google's enforcement actions, service modifications, or output restrictions.

Commercial use of generated images (e.g., as WordPress featured images or in published content) is permitted under paid Vertex AI access, subject to the above policies and your compliance with applicable laws. You bear full responsibility for ensuring generated outputs do not infringe third-party rights and comply with all applicable law.

9. Data Protection and GDPR Compliance

We are committed to protecting personal data in full compliance with the EU General Data Protection Regulation (GDPR (Regulation (EU) 2016/679)), the UK GDPR where applicable, and other relevant data protection laws. Our processing of personal data is detailed in our separate Privacy Policy, which forms an integral part of these Terms.

Depending on the context, we may act as a data controller (e.g., for account registration, billing via Stripe, site analytics) or as a data processor (e.g., when hosting or transmitting personal data you submit through agents, marketplace listings, or plugin usage on your WordPress sites). When we act as processor, we process data only on documented instructions from you (the controller) and in accordance with these Terms and any applicable Data Processing Agreement (DPA) we offer upon request for enterprise/B2B users.

Lawful basis and purpose: We process personal data based on contract performance (e.g., providing Services), legitimate interests (e.g., security, fraud prevention), legal obligations, or consent where required (e.g., marketing communications).

Your GDPR rights (EU/EEA residents): Subject to applicable law and verification of your identity, you have the right to:

• Access your personal data (Art. 15);
• Rectify inaccurate data (Art. 16);
• Erase data under certain conditions (Art. 17 – "right to be forgotten");
• Restrict processing (Art. 18);
• Data portability (Art. 20);
• Object to processing based on legitimate interests or for direct marketing (Art. 21);
• Withdraw consent where processing is consent-based (Art. 7(3));
• Lodge a complaint with a supervisory authority (e.g., your national data protection authority).

To exercise these rights, contact us at [email protected]. We will respond within one month (extendable under GDPR Art. 12(3)).

International transfers: Personal data may be transferred outside the EEA/UK (e.g., to the US). Such transfers use appropriate safeguards, including Standard Contractual Clauses (SCCs) adopted by the European Commission, EU-US Data Privacy Framework (where certified), or other mechanisms permitted under GDPR Chapter V.

Subprocessors: We use subprocessors (e.g., hosting providers, payment processors like Stripe, email services, cloud infrastructure). A current list is available in our Privacy Policy or upon request. We impose GDPR-compliant obligations on all subprocessors.

Data retention and security: We retain personal data only as long as necessary for the purposes outlined or as required by law. Conversation logs — including user prompts, AI responses, tool invocations, and session metadata — are stored in your WordPress database and automatically purged after 30 days. We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk (Art. 32 GDPR).

User responsibilities: When you use our Plugin or marketplace to process personal data (e.g., via AI agents on your WordPress sites), you act as the data controller and are solely responsible for GDPR compliance, including obtaining consents, providing notices, and conducting DPIAs where required. We are not liable for your processing activities.

For questions or to request our DPA template (for processor engagements), contact [email protected].

10. Disclaimers and Warranties

The Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant:

• That the Services will be uninterrupted, error-free, or secure;
• The accuracy, reliability, or suitability of AI-generated outputs;
• That use of the Services will meet your requirements or expectations;
• AI-generated outputs, including images produced via the Image Generation service, may contain SynthID watermarks and are subject to Google's safety filters and restrictions. Generated content is provided "AS IS" without warranty of accuracy, originality, non-infringement, or fitness for any particular purpose.

You are solely responsible for backing up your data and ensuring compliance with laws applicable to your use of AI agents.

11. Limitation of Liability

To the fullest extent permitted by applicable law (including US federal and state laws and EU directives), we, our affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising from or related to your use of the Services, even if advised of the possibility of such damages. Our total liability shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Services, violation of these Terms, or infringement of any third-party rights (including data protection claims).

13. Termination

We may terminate or suspend your account and access to the Services immediately, without notice or liability, for any reason, including suspected violations of these Terms. Upon termination, your right to use the Services ceases, and we may delete your data without liability, subject to GDPR obligations where applicable.

14. Changes to Terms

We may update these Terms at any time. We will notify you of material changes via email or prominent notice on the Website at least thirty (30) days in advance, where required by law (including GDPR transparency requirements). Your continued use of the Services after changes constitutes acceptance of the updated Terms.

15. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Georgia, USA, without regard to conflict of laws principles. For EU users, mandatory consumer protection and data protection laws of your country of residence apply to the extent they cannot be derogated from by agreement. Any disputes arising from these Terms shall be resolved exclusively through binding arbitration in Atlanta, Georgia, under the rules of the American Arbitration Association, except for small claims or injunctive relief. You waive any right to class actions or jury trials to the extent permitted by law.

16. Miscellaneous

• Severability: If any provision is held invalid, the remainder shall remain in effect.
• Entire Agreement: These Terms constitute the entire agreement between you and us.
• No Waiver: Failure to enforce any right does not constitute a waiver.
• Force Majeure: We are not liable for delays due to events beyond our control.
• Assignment: We may assign these Terms without your consent; you may not assign without our written consent.

17. Contact Information

For questions about these Terms or data protection matters, please contact us at [email protected] or Agentic Tech LLC, Decatur, Georgia, USA.