Terms of Service

1. The agreement

These Terms of Service (the “Terms”) are a binding agreement between Cyborg Systems, Corp., a Delaware corporation (“Cyborg”, “we”, “us”), and the customer that uses the Service (“Customer” or “you”). If you accept these Terms on behalf of a company or other organization, you represent that you have authority to bind it, and “you” means that organization. If you do not have that authority, or do not agree to these Terms, do not use the Service.

You accept these Terms by creating an account, by clicking to accept them, by signing an order form that references them (an “Order Form”), or by using the Service. The Service is for business and professional use. You must be at least 18 years old to use it.

These Terms incorporate our Acceptable Use Policy and, where signed, our Data Processing Addendum (the “DPA”). If documents conflict, this order applies: an Order Form, then the DPA (for the processing of personal data only), then these Terms, then the Acceptable Use Policy, then our documentation.

2. Definitions

• Service means Cyborg’s hosted workspace (including the web app at app.cyborg7.com and our cloud relay), our desktop, command-line and mobile applications, the Local Software, our APIs and our documentation.
• Local Software means the Cyborg software that runs on computers you control, including the background service (the “daemon”) that starts agents, terminals and sessions on those computers.
• Machine means a computer you control, such as a laptop, a dedicated machine or a cloud server, on which the Local Software is installed and connected to your workspace. A Workspace Machine is a Machine you designate to run agents for your whole workspace.
• Agent means an AI system that you or your Users start, configure or message through the Service, including coding agents and other AI harnesses that run on a Machine.
• Agent Settings means the configuration that governs what an Agent may do: its instructions, the tools, integrations and credentials available to it, the Machines and directories it may use, its approval requirements, and whether it may act without approval.
• AI Provider means a third party whose models power an Agent, such as Anthropic, OpenAI or OpenRouter, accessed through your own subscription, account or API key.
• Third-Party Service means any product or service not provided by Cyborg that you connect to or use with the Service, including AI Providers, Slack, Microsoft Teams, GitHub, Jira, Linear, ClickUp, Google and apps connected through Composio.
• Customer Content means all data you or your Users submit to, or create in, the Service, including messages, files, tasks, pages, prompts and other inputs to Agents (“Inputs”), and the responses, code, files and other results Agents generate (“Outputs”).
• Usage Data means technical and usage information about the operation of the Service, such as feature usage, performance, error diagnostics, model names, token counts and device and version details. Usage Data does not include the content of Customer Content.
• User means an individual you allow to access the Service under your account, such as an employee, contractor or invited guest.

3. The Service

Subject to these Terms, we grant you a non-exclusive, non-transferable right during the subscription term to access and use the Service, and to install and run the Local Software on Machines you control, for your internal business purposes.

Updates. We improve the Service continuously. The Local Software and desktop applications update automatically. We may add, change or remove features, but we will not materially reduce the core functionality of a paid subscription during its current term.

Previews and free use. Features labeled alpha, beta, preview, experimental or similar, and any free plan or trial, are provided “as is”, may change or end at any time, and are excluded from any service-level commitment or indemnity.

4. Accounts and workspaces

You are responsible for your Users and for everything done under your account. Keep sign-in credentials and setup codes confidential, keep account information accurate, and tell us promptly at s@cyborg7.com if you suspect unauthorized access.

A workspace is controlled by its owners and admins. They can invite and remove Users, change roles, grant access to Machines and Agents, and manage or delete workspace content. If you join a workspace that another organization controls, that organization decides how its content is used and retained.

5. Agents, Machines and autonomy

Cyborg lets Agents do real work: run commands, edit files, use a browser, open pull requests, and post to the tools your team uses. This section explains who is responsible for that work.

5.1 You direct the Agents

Agents act on instructions from you and your Users, and within the Agent Settings you configure. You decide which Agents run, on which Machines, with which credentials and tools, and whether they must ask before acting.

5.2 Agent actions are your actions

You agree that Agents operating within your Agent Settings act as your electronic agents, including for the purposes of the U.S. Electronic Signatures in Global and National Commerce Act and the Uniform Electronic Transactions Act as adopted in any state. Actions an Agent takes within your Agent Settings are attributed to you and bind you, and you are responsible for their consequences, including any fees, purchases or charges they incur with AI Providers or other Third-Party Services.

5.3 Unattended and approval-free modes

Some modes let Agents run without asking for approval before each action, including scheduled and background runs. These modes are identified in the product. When you or your Users enable or use them, you accept that Agents may take actions, including irreversible ones, without further confirmation.

5.4 Your Machines

The Local Software runs on computers you control and can execute commands, read and write files, access the network and drive a browser, as permitted by the operating system and your Agent Settings. You are responsible for those computers and what is on them, including their security, backups, the accounts that are signed in on them and the data they can reach. We recommend connecting dedicated Machines, granting the least access an Agent needs, and keeping backups of anything important.

5.5 Workspace Machines

A Workspace Machine is hardware you provide and designate to your workspace. Users you give access to can run Agents on it, and those Agents can use its files and the accounts signed in on it. You are responsible for who has access to a Workspace Machine and for what is stored or signed in on it. We do not provide the hardware.

5.6 Review the work

AI is probabilistic. Outputs can be wrong, incomplete, insecure or similar to output produced for others, even when they look right. You are responsible for reviewing and testing Outputs before relying on them, and in particular before deploying code to production, deleting or modifying data, moving money, or sending communications to people outside your organization. Do not use the Service to make decisions that have legal or similarly significant effects on individuals, such as decisions about employment, credit, housing, insurance, education, healthcare or legal rights, without qualified human review.

5.7 What we do not do

We do not monitor Agents in real time, and we are not responsible for actions an Agent takes within your Agent Settings or on the instructions of you or your Users.

6. AI Providers and Third-Party Services

Bring your own AI Provider. Agents use models from AI Providers through your own subscription, account or API key. Your use of an AI Provider is a relationship between you and that provider, and is governed by its terms, usage policies and privacy practices. You are responsible for complying with them and for any charges they impose. API keys you add are stored encrypted on the Machine where your Agents run. We do not control, and make no commitment about, how an AI Provider retains or uses data.

Connected services. When you connect a Third-Party Service, you authorize us to exchange data with it as needed to provide the features you enable. Third-Party Services are governed by their own terms, and we are not responsible for them. A Third-Party Service may change or withdraw its API, and we may stop supporting an integration as a result.

7. Your content

You own it. As between you and Cyborg, you retain all rights in your Customer Content, including Outputs. To the extent we have any rights in Outputs, we assign them to you. Outputs may not be unique, and other customers may receive similar Outputs.

Our limited license. You grant us a worldwide, non-exclusive license to host, copy, transmit, process and display Customer Content only as needed to provide, secure and support the Service, to prevent abuse, and to comply with law. This includes sharing it with our subprocessors and with the Third-Party Services you enable.

No training. We do not use Customer Content to train or fine-tune any AI model, and we do not permit our subprocessors to do so, unless you expressly opt in in writing.

Your responsibilities. You represent that you have all rights, notices and consents needed to submit Customer Content and to let Agents process it, including for any personal data it contains. Unless we agree otherwise in writing, do not use the Service to store or process protected health information under HIPAA, payment card data subject to PCI DSS, or data that is subject to export restrictions.

Usage Data. We collect and use Usage Data to operate, secure and improve the Service. We may share Usage Data with third parties only in aggregated and de-identified form, in a way that does not identify you, your Users or your Customer Content.

Feedback. If you send us suggestions or feedback, we may use them without restriction or obligation to you.

8. Acceptable use

You must comply, and make sure your Users and Agents comply, with our Acceptable Use Policy. In addition, you will not, and will not allow anyone to:

1. copy, modify, distribute, sell or lease the Service, except for the Local Software as permitted above;
2. reverse engineer or attempt to extract the source code of the Service, except to the extent applicable law allows despite this restriction;
3. access the Service to build a competing product, or copy its features or design;
4. circumvent usage limits, access controls, security measures or billing; or
5. resell or provide the Service to third parties, except to your Users.

9. Security and data protection

We maintain administrative, technical and physical safeguards designed to protect Customer Content, as described on our Security page, and we will not materially weaken them during a paid subscription term. Our Privacy Policy explains how we handle personal data. If you need one, email s@cyborg7.com for our Data Processing Addendum, which includes the EU Standard Contractual Clauses. We list our subprocessors at /subprocessors and will give notice of changes to customers who ask to receive it.

10. Fees and billing

Paid plans are billed in advance, in the amounts shown on our pricing page or in your Order Form, and renew automatically for the same period unless cancelled before renewal. Seat-based plans adjust automatically to the number of billable Users. Workspace Machines are billed per Machine. Changes in the middle of a period are prorated. You authorize us and our payment processor, Stripe, to charge your payment method for all fees.

Fees exclude taxes, which you are responsible for, other than taxes on our net income. Except where the law requires otherwise or these Terms say so, fees are non-refundable. We may change prices with at least 30 days’ notice; the new prices apply from your next renewal. If a payment is overdue, we may suspend paid features after giving you notice and at least 14 days to pay. Purchases made through an app store are governed by that store’s terms.

11. Suspension

We may suspend access to all or part of the Service, including specific Agents, Machines or Users, if we reasonably believe that use of the Service poses a security risk, may cause harm or legal liability, or breaches these Terms or the Acceptable Use Policy. Where practical and lawful, we will give you notice and a chance to fix the issue first, and we will limit the suspension to what is needed to address it.

12. Term, termination and your data

These Terms apply for as long as you use the Service. You may cancel at any time from your billing settings, effective at the end of the current billing period. Either party may terminate these Terms or an Order Form if the other materially breaches them and does not cure the breach within 30 days of written notice. We may end free accounts with reasonable notice.

When your account ends, your access to the Service stops. For 30 days afterwards, you may ask us at s@cyborg7.com for an export of your Customer Content in a standard machine-readable format. After that, we delete it as described in our Privacy Policy. Data stored by the Local Software on your Machines stays on your Machines. Sections that by their nature should survive, including 7, 13 to 17 and 20, survive termination.

13. Confidentiality

Each party may receive non-public information from the other that is marked confidential or would reasonably be understood to be confidential, including Customer Content, which is your confidential information. The receiving party will use it only to perform under these Terms, protect it with at least reasonable care, and disclose it only to employees, contractors and subprocessors who need to know it and are bound by similar obligations, or where the law requires, after giving notice where lawful. These obligations do not apply to information that is public through no fault of the receiving party, was already known to it, was independently developed, or was received from a third party without a duty of confidentiality.

14. Warranties and disclaimers

Each party represents that it has the authority to enter into these Terms. We warrant that, during a paid subscription term, the Service will perform materially as described in our documentation. If it does not, and you tell us within 30 days, we will use reasonable efforts to fix it, and if we cannot, either party may terminate the affected subscription and we will refund prepaid fees for the remaining term. That is your sole remedy for breach of this warranty.

Except as expressly stated in these Terms, the Service, the Local Software and all Outputs are provided “as is” and “as available”. To the fullest extent permitted by law, Cyborg disclaims all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, that Outputs will be accurate, complete, secure or fit for your purpose, or that any action an Agent takes will be correct. We are not responsible for AI Providers or other Third-Party Services.

15. Indemnification

By us. We will defend you against any claim by a third party alleging that the Service, as provided by us and used in accordance with these Terms, infringes that party’s intellectual property rights, and we will pay the damages and costs finally awarded or agreed in settlement. We have no obligation for claims arising from Customer Content or Outputs, from combinations with anything we did not provide, from modifications not made by us, from AI Providers or other Third-Party Services, or from free or preview features. If the Service is, or we believe it may be, subject to such a claim, we may modify it to be non-infringing, obtain a license, or terminate the affected subscription and refund prepaid fees for the remaining term.

By you. You will defend us against any claim by a third party arising from your Customer Content, from your or your Users’ breach of these Terms or the Acceptable Use Policy, from actions taken by Agents within your Agent Settings, or from your use of AI Providers or other Third-Party Services, and you will pay the damages and costs finally awarded or agreed in settlement.

Process. The party seeking defense must notify the other promptly, give it sole control of the defense and settlement, and provide reasonable cooperation. A party may not settle a claim in a way that imposes an obligation on the other without its written consent.

16. Limitation of liability

To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, goodwill or data, including data altered or deleted by an Agent acting within your Agent Settings, even if advised of their possibility.

Each party’s total liability arising out of or relating to these Terms will not exceed the greater of the amounts you paid to Cyborg in the 12 months before the event giving rise to the claim, or one hundred U.S. dollars (US$100).

These limits do not apply to your obligation to pay fees, to either party’s indemnification obligations, to your breach of Section 8 or the Acceptable Use Policy, or to liability arising from a party’s gross negligence, fraud or willful misconduct, or that cannot be limited by law.

17. Disputes and governing law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. Before starting any proceeding, the parties will try in good faith for 30 days to resolve the dispute informally, starting with written notice to the other party. The state and federal courts located in New Castle County, Delaware have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and each party consents to their jurisdiction. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Each party waives its right to a jury trial. Claims may be brought only on an individual basis and not as a plaintiff or class member in any class, collective or representative proceeding.

18. Export controls and sanctions

You will comply with U.S. and other applicable export control and sanctions laws. You represent that you and your Users are not located in, or ordinarily resident in, a comprehensively sanctioned country or region, and are not on any U.S. government list of restricted or prohibited parties. You will not use the Service to export or provide software or technical data in violation of those laws. The Service is “commercial computer software” and is provided to U.S. government users only with the rights set out in these Terms.

19. Changes to these Terms

We may update these Terms. For material changes, we will notify you by email or in the Service at least 30 days before they take effect, unless a change is required sooner by law or addresses a security or abuse issue. Changes do not apply retroactively. For a subscription under an Order Form, the terms in effect when it was signed continue to apply until its next renewal. If you continue to use the Service after a change takes effect, you accept the updated Terms.

20. General

• Assignment. Neither party may assign these Terms without the other’s consent, except to an affiliate or a successor in a merger, acquisition or sale of all or substantially all of its relevant assets.
• Force majeure. Neither party is liable for a delay or failure caused by events beyond its reasonable control, other than an obligation to pay.
• Notices. Legal notices to Cyborg must be sent to s@cyborg7.com. We will send notices to the email address on your account, or to the address in your Order Form.
• Publicity. We will not use your name or logo as a customer reference without your prior written consent.
• Relationship. The parties are independent contractors. There are no third-party beneficiaries of these Terms.
• Entire agreement. These Terms, with any Order Form and the DPA, are the entire agreement between the parties on their subject and supersede prior agreements. Terms in your purchase orders or other business forms do not apply.
• Severability and waiver. If a provision is unenforceable, it will be enforced to the maximum extent possible and the rest of these Terms remain in effect. A failure to enforce a provision is not a waiver of it.
• Language. These Terms are written in English, which controls over any translation.

21. App store terms

If you download a Cyborg mobile app from the Apple App Store or Google Play, these Terms are between you and Cyborg only, not the app store, and Cyborg, not the app store, is responsible for the app and its content. The app store has no obligation to provide maintenance or support for the app. To the maximum extent permitted by law, the app store has no warranty obligation for the app, and Cyborg is responsible for addressing any claims relating to the app, including product liability, legal or regulatory compliance and intellectual property claims. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you with respect to an app downloaded from the App Store.

22. Copyright complaints

We respect intellectual property rights. If you believe content in the Service infringes your copyright, send a notice to s@cyborg7.com that identifies the work, the material you claim is infringing and where it is located, and your contact information, and that includes a statement of good-faith belief, a statement under penalty of perjury that your notice is accurate and that you are authorized to act, and your signature. We may remove material, and we terminate the accounts of repeat infringers in appropriate circumstances.

23. Contact

Cyborg Systems, Corp., a Delaware corporation.
Questions, notices and requests: s@cyborg7.com