Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Agent Xero LLC, a Wyoming limited liability company and part of the Agentic Secure Group ("Agent Xero," "we," "us," or "our"), governing your access to and use of the VibeBox platform, including all related services, features, content, applications, APIs, and documentation (collectively, the "Service").

BY ACCESSING OR USING THE SERVICE, CREATING AN ACCOUNT, OR CLICKING "I AGREE," YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 16. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE SERVICE.

1. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into binding contracts. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and both you and the organization shall be jointly and severally liable under these Terms.

2. Account Registration and Security

You must provide accurate, current, and complete information when creating an account. You are solely responsible for maintaining the confidentiality of your authentication credentials, SSH certificates, API keys, and any other access credentials associated with your account. You accept full responsibility for all activities that occur under your account, whether or not authorized by you. You agree to immediately notify us at security@agent-xero.com of any unauthorized use of your account or any other breach of security.

Agent Xero LLC shall not be liable for any loss or damage arising from your failure to secure your account credentials or from any unauthorized access to your account.

3. Service Description and Modifications

VibeBox provides isolated developer workspace environments provisioned on third-party infrastructure (including Fly.io and Tailscale), with SSH certificate authentication, zero-trust networking, and persistent storage. The Service is provided on an "as available" basis. We reserve the right to modify, suspend, discontinue, or limit any aspect of the Service at any time, with or without notice, and without liability to you. We are not obligated to maintain, support, or update any particular feature or functionality.

4. Subscription and Billing

Paid subscriptions are billed on a recurring monthly or annual basis through Stripe. By subscribing, you authorize Agent Xero LLC to charge your payment method at the applicable rate for your selected plan, including any applicable taxes, overage charges, add-on fees, and migration fees. All fees are non-refundable except as expressly required by applicable law or at our sole and absolute discretion.

• Free trial: Trial periods provide 8 compute hours at no charge. By starting a trial, you authorize automatic conversion to a paid subscription upon trial expiration unless cancelled beforehand. You acknowledge that providing a valid payment method is required to initiate a trial.
• Upgrades/Downgrades: Plan changes take effect as described at the time of change. Upgrades are prorated; downgrades apply at the next billing cycle. A migration fee may apply.
• Cancellation: You may cancel at any time through the Stripe Customer Portal. Upon cancellation, your workspace will be suspended and data preserved for 30 days, after which it will be permanently and irrecoverably deleted.
• Overage charges: Usage beyond included plan hours is billed at the published overage rate, metered to the minute. You are responsible for monitoring your usage.
• Price changes: We reserve the right to change our pricing at any time. Price increases for existing subscriptions will take effect at the start of the next billing cycle following at least 30 days' notice.
• Late payment: Overdue amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law. You shall be responsible for all costs of collection, including reasonable attorneys' fees.

5. Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated by reference into these Terms. Violation of the Acceptable Use Policy constitutes a material breach of these Terms and may result in immediate termination without refund.

6. User Content and Data

You retain ownership of all code, files, configurations, and other content you create or upload to your workspace ("User Content"). You grant Agent Xero LLC a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, cache, reproduce, transmit, display, process, and use your User Content to the extent necessary to provide, operate, improve, and protect the Service, including for security monitoring, abuse prevention, performance optimization, and compliance purposes.

You represent and warrant that you have all rights necessary to grant this license and that your User Content does not violate any applicable law or infringe any third-party rights.

7. Telemetry, Monitoring, and Observation

You acknowledge and agree that Agent Xero LLC may collect, process, and analyze the following data in connection with the Service ("Telemetry Data"):

• Infrastructure metrics: CPU utilization, memory usage, disk I/O, network throughput, container resource consumption, process lists, and system load for each workspace.
• Network metadata: Connection timestamps, source/destination IP addresses (or hashes thereof), port numbers, protocol types, bandwidth usage, DNS queries, Tailscale device status, and connection durations.
• Session data: SSH session start/end times, session durations, authentication method used, client fingerprints, terminal dimensions, and connection source metadata.
• Usage analytics: Feature usage patterns, API call volumes, command frequency distributions, workspace lifecycle events, provisioning metrics, and error rates.
• Security signals: Authentication attempts (successful and failed), privilege escalation events, file integrity changes to system files, anomalous network patterns, and threat indicators.
• Billing and metering: Compute time, storage consumption, bandwidth usage, and any other metrics used for billing and capacity planning.
• Performance telemetry: Application response times, error logs, crash reports, stack traces from Service components, and latency measurements.
• Aggregated and derived data: We may create aggregated, anonymized, or de-identified data derived from Telemetry Data and User Content metadata (excluding content), which shall become the exclusive property of Agent Xero LLC and may be used for any lawful purpose including product improvement, benchmarking, analytics, and marketing.

This Telemetry Data is collected to operate, secure, optimize, and improve the Service; detect and prevent abuse, fraud, and security threats; enforce these Terms; comply with legal obligations; and for capacity planning and billing purposes. You expressly consent to this collection and processing as a condition of using the Service.

8. Third-Party Services and BYOK

The Service integrates with third-party providers including but not limited to Fly.io, Tailscale, Cloudflare, Stripe, Anthropic, OpenAI, Resend, and GitHub. Your use of these third-party services is governed by their respective terms and policies. Agent Xero LLC disclaims all liability for the availability, security, performance, or conduct of any third-party service, and you assume all risk arising from your use of or reliance on third-party services.

VibeBox supports Bring Your Own Key (BYOK) for AI services. When you provide your own API keys, all API calls are made directly from your workspace to the respective AI provider. Agent Xero LLC does not proxy, intercept, store, or mark up your AI API usage. You are solely responsible for your AI API usage, costs, and compliance with the AI provider's terms.

9. Intellectual Property

The Service, including all software, source code, object code, design, branding, logos, trade dress, documentation, proprietary technology, algorithms, workflows, and any improvements, modifications, or derivative works thereof, is the exclusive property of Agent Xero LLC and the Agentic Secure Group, protected by copyright, trademark, trade secret, patent, and other intellectual property laws of the United States and international jurisdictions. Nothing in these Terms grants you any right, title, or interest in our intellectual property except the limited, revocable, non-exclusive, non-transferable, non-sublicensable right to use the Service as expressly permitted during the term of your subscription.

"VibeBox," "Agent Xero," "Agentic Secure Group," and their respective logos, marks, and trade dress are trademarks or registered trademarks of Agent Xero LLC. You may not use these marks without our prior written consent.

Any feedback, suggestions, ideas, enhancement requests, or other input you provide regarding the Service ("Feedback") shall become the sole and exclusive property of Agent Xero LLC. You hereby irrevocably assign to Agent Xero LLC all right, title, and interest in and to such Feedback without any obligation of compensation, attribution, or confidentiality.

10. Confidentiality

You agree to keep confidential and not disclose any non-public information about the Service's infrastructure, architecture, security measures, pricing terms (to the extent not publicly listed), APIs, or internal systems that you learn through your use of the Service, unless required by law or with our prior written consent.

11. Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Service, you consent to the collection and use of information as described in the Privacy Policy.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. AGENT XERO LLC AND THE AGENTIC SECURE GROUP DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, SECURE, ACCURATE, OR FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AGENT XERO LLC, THE AGENTIC SECURE GROUP, OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU USE THE SERVICE AT YOUR OWN RISK AND DISCRETION.

AGENT XERO LLC DOES NOT WARRANT OR GUARANTEE THE SECURITY OF YOUR DATA, AND SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR LOSS OR DESTRUCTION OF YOUR USER CONTENT OR DATA.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AGENT XERO LLC, THE AGENTIC SECURE GROUP, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE "AGENT XERO PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR MULTIPLIED DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF THE AGENT XERO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THE TOTAL AGGREGATE LIABILITY OF THE AGENT XERO PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNTS ACTUALLY PAID BY YOU TO AGENT XERO LLC IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50.00).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

14. Indemnification

You agree to indemnify, defend, and hold harmless the Agent Xero Parties from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or relating to: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms, the Acceptable Use Policy, the Privacy Policy, or any applicable law or regulation; (d) your violation of any third party's rights, including intellectual property, privacy, or publicity rights; (e) any dispute between you and any third party; or (f) any negligent or wrongful act or omission by you. Agent Xero LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

15. Suspension and Termination

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason or no reason, including but not limited to breach of these Terms, non-payment, suspected fraud, activity that threatens the security or integrity of the Service or other users, or upon the request of law enforcement or a governmental authority.

Upon termination: (a) your right to use the Service ceases immediately; (b) all licenses granted hereunder terminate; (c) you must cease all use of the Service and any Agent Xero intellectual property; and (d) we may delete your workspace and all associated data after the applicable retention period (30 days for voluntary cancellation; immediately for termination due to breach). We shall have no liability to you for any termination or suspension of the Service.

The following sections survive termination: Sections 6 (User Content), 7 (Telemetry), 9 (IP), 10 (Confidentiality), 12 (Warranties), 13 (Liability), 14 (Indemnification), 16 (Arbitration), 17 (Governing Law), and 22 (General).

16. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

To the fullest extent permitted by law, you and Agent Xero LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") shall be resolved by final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, rather than in court. The arbitration shall be conducted by a single arbitrator in Denver, Colorado. The arbitrator's decision shall be final, binding, and enforceable in any court of competent jurisdiction.

CLASS ACTION WAIVER: You and Agent Xero LLC each waive the right to participate in a class action, collective action, class arbitration, private attorney general action, or any other representative proceeding. The arbitrator may not consolidate more than one party's claims and may not preside over any form of a representative or class proceeding.

JURY TRIAL WAIVER: To the extent any Dispute proceeds in court rather than arbitration, you and Agent Xero LLC each waive the right to a jury trial.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or security requirements.

Opt-out: You may opt out of this arbitration agreement by sending written notice to legal@agent-xero.com within 30 days of first accepting these Terms. If you opt out, disputes will be resolved under Section 17.

17. Governing Law and Forum Selection

These Terms are governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law principles or the United Nations Convention on Contracts for the International Sale of Goods.

For any Dispute not subject to arbitration under Section 16, you and Agent Xero LLC consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Denver, Colorado, and you waive any objection to jurisdiction or venue (including inconvenient forum) in such courts.

18. Force Majeure

Agent Xero LLC shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, cyberattacks, government actions or orders, sanctions, embargoes, power failures, internet or telecommunications disruptions, failures of third-party infrastructure providers, labor disputes, or supply chain disruptions.

19. Modifications to Terms

We reserve the right to modify these Terms at any time in our sole discretion. We will use reasonable efforts to notify you of material changes via email or a prominent notice on the Service. Your continued use of the Service after any modification constitutes your binding acceptance of the modified Terms. If you do not agree to any modification, your sole remedy is to stop using the Service and close your account.

20. Export Compliance

You represent and warrant that you are not located in, or a resident or national of, any country subject to U.S. government embargo, and that you are not on any U.S. government list of prohibited or restricted parties. You agree to comply with all applicable U.S. and international export control and sanctions laws and regulations.

21. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if it cannot be so modified, shall be severed, and the remaining provisions shall continue in full force and effect.

22. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Agent Xero LLC regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.
• Assignment: You may not assign or transfer these Terms or any rights hereunder without our prior written consent. Agent Xero LLC may freely assign these Terms and its rights and obligations hereunder to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all assets.
• No Waiver: The failure of Agent Xero LLC to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any term shall not be deemed a continuing or further waiver of that term or any other term.
• No Third-Party Beneficiaries: These Terms do not confer any third-party beneficiary rights, except that the Agentic Secure Group entities and the Agent Xero Parties are intended third-party beneficiaries of the limitation of liability, disclaimer, and indemnification provisions.
• Notices: Notices to Agent Xero LLC must be sent to legal@agent-xero.com. Notices to you will be sent to the email address associated with your account. Email notices are deemed received 24 hours after sending.
• Headings: Section headings are for convenience only and do not affect the interpretation of these Terms.
• Cumulative Remedies: All rights and remedies under these Terms are cumulative and not exclusive of any other rights or remedies provided by law or equity.
• Relationship: Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and Agent Xero LLC.

23. Contact

For questions about these Terms, contact us at:

Agent Xero LLC
Part of the Agentic Secure Group
Email: legal@agent-xero.com
Service inquiries: vibebox@asgroup.ai