Terms of Service

Last updated: April 1, 2026

1. Definitions & Interpretation

In these Terms of Service ("Terms"), the following definitions apply: "Agen.co," "we," "us," or "our" refers to Agen, Inc., the provider of the Agen.co platform. "Customer," "you," or "your" refers to the individual or organization accessing or using the Service. "Platform" or "Service" refers to the Agen.co infrastructure, including all features, APIs, dashboards, and tools provided. "Agent" refers to any AI agent, automated system, or software that connects to or operates through the Platform. "MCP" refers to the Model Context Protocol, the connectivity standard used by the Platform. "Tool Call" refers to a single request made by an Agent through the Platform to an external application or API. "Customer Data" refers to any data submitted, transmitted, or processed through the Platform by or on behalf of the Customer. "External Agent" refers to any third-party AI agent that connects to a Customer's application via the Platform.

2. Acceptance & Eligibility

By creating an account, accessing, or using the Agen.co Platform, you agree to be bound by these Terms. 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. You must be at least 18 years of age and a legal entity or representative thereof to use the Service. If you do not agree to these Terms, you must not access or use the Platform. These Terms constitute a binding agreement between you and Agen, Inc. They supersede any prior agreements or communications regarding the subject matter herein.

3. Description of Service

Agen.co provides infrastructure for securely connecting AI agents to applications. The Platform includes, but is not limited to:

  • REST and GraphQL to MCP translation, enabling agents to interact with existing APIs
  • Agent identity management and behavioral trust scoring
  • Fine-grained access control with configurable guardrails and policies
  • Human-in-the-loop approval workflows
  • Audit and compliance dashboards with exportable logs
  • Automatic discovery and cataloging of APIs
  • Data protection features including PII redaction and data masking
  • OAuth-based authentication via external identity providers

The Service is provided via cloud infrastructure on a managed basis. Specific deployment options (managed cloud, customer VPC, on-premises) may be available under Enterprise agreements.

4. Account Registration & Authentication

To access the Platform, you must create an account through our authentication provider, Frontegg. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate and complete registration information and to keep it updated. You must promptly notify us of any unauthorized use of your account or any other security breach. You are responsible for managing user and agent access within your organization, including assigning appropriate roles, permissions, and policies through the Platform.

5. Agent-Specific Terms

Given the autonomous nature of AI agents, the following terms apply specifically to agent usage on the Platform:

  • You are responsible for all actions taken by AI agents operating under your account, whether initiated by your internal team or by authorized external agents
  • Agent identity and trust scoring features are informational tools designed to assist in risk assessment. They do not constitute a warranty or guarantee of agent behavior or safety
  • Human-in-the-loop approval workflows are configurable safeguards. Their use does not transfer liability for agent actions from you to Agen.co
  • Guardrails, policies, and access controls are configurable by you. Agen.co is not liable for actions resulting from misconfigured or insufficiently restrictive policies
  • You must authorize and vet any external agents connecting to your applications via the Platform. You assume responsibility for the behavior of external agents you have authorized
  • You must not use the Platform to enable agents to perform actions that violate applicable law, third-party terms of service, or the rights of any person

6. Fees, Billing & Payment

Pay as You Go

The standard tier includes up to 10,000 tool calls per month at no charge. Usage beyond 10,000 tool calls is billed at $100 per 10,000 tool calls. The standard tier supports up to 50,000 users.

Enterprise

Enterprise pricing is available for organizations requiring unlimited users, advanced features, or custom deployment options. Enterprise terms are governed by a separate order form or agreement.

Billing & Taxes

Fees are billed monthly in arrears based on actual usage. All fees are exclusive of applicable taxes, which you are responsible for paying. Late payments may incur interest and may result in suspension of access to the Service.

7. Usage Limits & Fair Use

Tool calls are metered by the Platform and reported in your account dashboard. We reserve the right to implement rate limits to ensure fair use and platform stability. The standard tier is limited to 50,000 users. If your usage exceeds this limit, you must upgrade to an Enterprise plan. You may not engage in abusive, fraudulent, or excessive usage patterns, including but not limited to artificially inflating tool call counts, circumventing metering, or using the Platform in a manner that degrades performance for other customers.

8. Customer Data & Privacy

You retain all rights, title, and interest in your Customer Data. Agen.co processes Customer Data solely to provide the Service, acting as a data processor on your behalf. Data protection features such as PII redaction and data masking are tools available to you. You remain responsible for ensuring your use of the Platform complies with applicable data protection laws and regulations, including GDPR and CCPA. Our collection and use of personal information is described in our Privacy Policy. Enterprise customers may request a Data Processing Agreement (DPA) by contacting us at privacy@agen.co.

9. Security & Compliance

Agen.co maintains industry-standard security measures to protect the Platform and Customer Data, including encryption in transit and at rest, access controls, and continuous monitoring. The Platform operates under a shared responsibility model:

  • Agen.co is responsible for securing the underlying infrastructure, maintaining platform availability, and protecting against unauthorized access to Platform systems
  • You are responsible for configuring agent policies, access controls, and guardrails appropriately, and for managing authentication and authorization within your organization

Audit trail logs are provided for informational and compliance support purposes. Retention periods are specified in your account settings or Enterprise agreement. Logs are not guaranteed as legally admissible evidence in all jurisdictions.

10. Intellectual Property

Agen.co retains all rights, title, and interest in and to the Platform, including all software, technology, algorithms, interfaces, documentation, and intellectual property therein. You retain all rights in your Customer Data, configurations, and custom policies created on the Platform. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform in accordance with these Terms. No other rights or licenses are implied.

11. Restrictions & Acceptable Use

You agree not to:

  • Reverse engineer, decompile, or disassemble any part of the Platform
  • Attempt to gain unauthorized access to the Platform or its related systems
  • Use the Platform for any illegal, harmful, or fraudulent purpose
  • Circumvent or disable any security, access control, or metering features
  • Connect agents that perform actions violating third-party terms of service or applicable law
  • Sublicense, resell, or redistribute access to the Platform without our written consent
  • Transmit malware, viruses, or other harmful code through the Platform
  • Use the Platform in a manner that interferes with or degrades the experience of other customers

12. Service Levels & Disclaimers

We strive to maintain high availability and reliability. Specific uptime commitments, if applicable, are described in a separate Service Level Agreement (SLA) provided to Enterprise customers. THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGEN.CO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the REST/GraphQL to MCP translation will be compatible with all APIs, that the Platform will be uninterrupted or error-free, or that all security threats will be detected or prevented.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGEN.CO'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO AGEN.CO IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT SHALL AGEN.CO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL. Without limiting the foregoing, Agen.co expressly disclaims liability for:

  • Actions taken by autonomous AI agents, whether internal or external
  • Failures or errors in downstream APIs or third-party integrations
  • Consequences of misconfigured policies, guardrails, or access controls
  • Data loss or exposure resulting from Customer's failure to implement appropriate security measures

14. Indemnification

You agree to indemnify, defend, and hold harmless Agen.co and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use of the Platform or violation of these Terms
  • Actions taken by agents operating under your account
  • Your Customer Data or the processing thereof
  • Your misconfiguration of policies, access controls, or guardrails
  • Any claim by a third party related to the actions of agents you have authorized

15. Term, Suspension & Termination

These Terms are effective upon your first access to the Platform and continue until terminated. Either party may terminate these Terms for convenience upon 30 days' written notice. We may terminate or suspend your access immediately if you breach these Terms, engage in prohibited conduct, or fail to pay applicable fees. Upon termination, your right to access the Platform ceases. You will have 30 days following termination to export your Customer Data, after which we may delete it. Sections that by their nature should survive termination (including Sections 10, 13, 14, and 17) shall survive.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. For material changes, we will provide at least 30 days' advance notice via email to registered users. Your continued use of the Platform after the effective date of any modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Platform and terminate your account.

17. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within 30 days, it shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.

18. Miscellaneous

  • Severability — If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect
  • Assignment — You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets
  • Entire Agreement — These Terms, together with our Privacy Policy, any applicable DPA, and any order forms, constitute the entire agreement between you and Agen.co
  • Force Majeure — Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control, including natural disasters, wars, pandemics, or internet disruptions
  • No Waiver — Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision
  • Notices — All notices to Agen.co must be sent to legal@agen.co. We may provide notices to you via the email address associated with your account or through the Platform