Acceptance of these Terms
By creating an account, accessing the Service, or clicking to accept these Terms, you agree to be bound by them. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “you” refers to that entity.
If you do not agree to these Terms, you must not access or use the Service. You must be at least 18 years old and legally capable of entering into a binding contract.
Who you are contracting with
Eyeleven Inc. is a corporation incorporated in the State of Delaware, United States, and is the contracting party for the Service (“Eyeleven”, “we”, “us”, or “our”). EYELEVEN LLC, a Wyoming limited liability company, is an affiliate within the same corporate group. Eyeleven™ is a trademark of the Eyeleven group. Unless a document expressly states otherwise, your agreement is with Eyeleven Inc.
Our registered agent for service of process is Resident Agents Inc., 8 The Green, Suite R, Dover, DE 19901, United States. This is our agent for legal service only and is not an operating office. Legal notices to us should be sent to [email protected]; formal service of process should be directed to the registered agent at the address above. Where a document refers to an “Affiliate”, it means any entity controlling, controlled by, or under common control with Eyeleven.
- Service provider and contracting party: Eyeleven Inc., a Delaware corporation
- Group affiliate: EYELEVEN LLC, a Wyoming limited liability company
- Trademark: Eyeleven™, used under licence within the group
- Governing law and venue: State of Delaware, United States
The Service
Eyeleven OS is a software-as-a-service platform that provisions configurable AI agents (“Omni Forces”) which operate across messaging and business channels on your instruction. The Service includes the web application, APIs, agent runtime, dashboards, and any documentation we make available.
We may modify, add, or discontinue features. Where a change materially reduces core functionality of a paid plan, we will provide reasonable prior notice and, at your option, a pro-rata refund of prepaid fees for the affected remainder of your term.
The Service is provided as a tool. It does not constitute legal, tax, medical, financial, or other professional advice, and must not be relied upon as such.
Accounts and security
You are responsible for all activity under your account, for maintaining the confidentiality of your credentials, and for ensuring your users comply with these Terms. You must notify us promptly at [email protected] if you suspect unauthorised access.
- Provide accurate registration information and keep it current
- Do not share credentials or allow access by unauthorised third parties
- Enable available account protections and keep contact details reachable
- You remain responsible for the acts and omissions of your users and administrators
Acceptable use
Your use of the Service is subject to our Acceptable Use Policy, which forms part of these Terms. The summary below is not exhaustive; the Acceptable Use Policy governs.
- No unlawful, deceptive, infringing, or harmful activity
- No unsolicited bulk messaging, and no messaging without a valid lawful basis and required opt-in
- No attempt to breach, probe, or degrade the Service or its infrastructure
- No use of agent output to impersonate a natural person in a manner intended to deceive
- No reverse engineering, resale, or competitive benchmarking without our written consent
AI output and human supervision
The Service uses machine learning and large language models. Output is probabilistic and may be inaccurate, incomplete, or unsuitable for a given purpose. You are responsible for reviewing output before relying on it, and for configuring the human approval controls we provide in a way that matches your risk appetite.
You must maintain meaningful human supervision over consequential actions, including any communication that creates a legal obligation, transfers funds, or affects an individual's rights. You must not configure the Service to take such actions fully autonomously where applicable law requires human involvement.
You are responsible for disclosing the use of automated agents to your own customers where law requires it, and for honouring any request to escalate to a human.
Customer data and ownership
You retain all right, title, and interest in the data you or your users submit to the Service (“Customer Data”). You grant us a limited, non-exclusive licence to host, process, and transmit Customer Data solely to provide, secure, and support the Service, and as further described in the Privacy Policy and the Data Processing Addendum.
We do not sell Customer Data. We do not use Customer Data to train foundation models for our general benefit or for the benefit of other customers.
We retain all right, title, and interest in the Service, including its software, models, configurations, and documentation. You may not use our trademarks without prior written permission.
Fees, billing, and taxes
Paid plans are billed in advance on a monthly or annual basis through our payment processor. Fees are stated exclusive of taxes; you are responsible for all applicable sales, use, VAT, GST, and withholding taxes other than taxes on our net income.
Subscriptions renew automatically for successive terms unless cancelled before the end of the then-current term. Cancellation, trial, and refund mechanics are set out in the Refunds and Cancellation Policy.
If payment fails, we may suspend access after reasonable notice. Amounts overdue may accrue interest at the lower of 1.5% per month or the maximum permitted by law.
Third-party services and channels
The Service integrates with third-party platforms, including messaging channels, model providers, and payment processors. Your use of those platforms is additionally governed by their own terms and policies, and you are responsible for complying with them — including messaging platform commerce and opt-in rules.
We are not responsible for the availability, accuracy, or acts of third-party platforms. A change imposed by a third-party platform may require us to change or discontinue an integration.
The sub-processors we engage to deliver the Service are listed in the Sub-processor List.
Confidentiality
Each party may receive non-public information of the other. The receiving party will use the disclosing party's confidential information only to perform under these Terms, protect it with at least reasonable care, and not disclose it except to personnel and advisers bound by comparable obligations.
These obligations do not apply to information that is public through no fault of the receiving party, independently developed, or lawfully received from a third party without restriction. Disclosure compelled by law is permitted if, where lawful, reasonable prior notice is given.
Warranties and disclaimers
Each party warrants that it has the authority to enter into these Terms. We will provide the Service with reasonable skill and care and in accordance with the Security Overview.
Except as expressly stated, and to the maximum extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Service will be uninterrupted, error-free, or that AI output will be accurate.
We publish an availability target rather than a contractual service level. No uptime figure stated in our marketing constitutes a guarantee or a service level agreement unless it appears in a signed order form.
Indemnification
You will defend and indemnify us against third-party claims arising from your Customer Data, your use of the Service in breach of these Terms or the Acceptable Use Policy, your messaging activity, or your violation of applicable law.
We will defend and indemnify you against third-party claims alleging that the Service, as provided by us and used in accordance with these Terms, infringes that third party's intellectual property rights. This does not apply to claims arising from Customer Data, third-party platforms, or modifications not made by us.
The indemnified party must give prompt notice, allow the indemnifying party to control the defence, and provide reasonable cooperation.
Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or exemplary damages, or for lost profits, revenue, goodwill, or data, even if advised of the possibility.
Each party's total aggregate liability arising out of or related to these Terms will not exceed the total fees paid or payable by you to us in the twelve months preceding the event giving rise to the liability. Where no fees have been paid, aggregate liability will not exceed one hundred United States dollars.
These limitations do not apply to your payment obligations, to either party's indemnification obligations, or to liability that cannot be limited under applicable law, including for fraud, wilful misconduct, or death or personal injury caused by negligence.
Term, suspension, and termination
These Terms begin when you first accept them and continue until all subscriptions have expired or been terminated. Either party may terminate for material breach that remains uncured thirty days after written notice.
We may suspend access immediately where necessary to prevent material harm to the Service, to other customers, or to comply with law — for example, in response to an active security incident or unlawful messaging activity. We will restore access once the cause is resolved.
On termination, your right to use the Service ends and we will make Customer Data available for export for thirty days, after which it is deleted in accordance with the Data Deletion Policy and the Data Processing Addendum.
Governing law and disputes
These Terms are governed by the laws of the State of Delaware, United States, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods.
The parties will attempt in good faith to resolve any dispute informally for thirty days. Failing that, the state and federal courts located in Delaware will have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there.
Nothing in this section prevents either party from seeking injunctive relief in any competent court to protect its intellectual property or confidential information. Where mandatory consumer protection law grants you rights in your country of residence, those rights are unaffected.
Changes to these Terms
We may update these Terms. For material changes affecting a paid subscription, we will give at least thirty days' notice by email or in-product notification before they take effect. Continued use after the effective date constitutes acceptance.
If you object to a material change, you may terminate the affected subscription before the effective date and receive a pro-rata refund of prepaid, unused fees.
General provisions
- Entire agreement: these Terms, together with the policies they reference and any signed order form, are the entire agreement between the parties
- Order of precedence: a signed order form prevails over these Terms; the Data Processing Addendum prevails on the subject of personal data processing
- Assignment: you may not assign without our written consent, except to a successor of your business; we may assign to an Affiliate or successor
- Severability: if a provision is unenforceable, the remainder continues in effect
- No waiver: failure to enforce a provision is not a waiver of it
- Force majeure: neither party is liable for delay caused by events beyond its reasonable control
- Notices: to us at [email protected] (or, for formal service of process, to our registered agent at the address stated in the “Who you are contracting with” section); to you at the address on your account
Contact
Eyeleven Inc. — Legal. Questions about these Terms should be sent to [email protected]. Privacy enquiries go to [email protected] and security matters to [email protected].