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Terms of Service

Effective Date: March 4, 2026

Last Updated: March 4, 2026

These Terms of Service (“Terms”) govern your access to and use of the OpenEnterprise platform, website, APIs, and related services (collectively, the “Service”) operated by OpenEnterprise, Inc. (“OpenEnterprise,” “we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old and capable of entering into a binding contract to use the Service. By using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Account Registration

You must provide accurate, current, and complete information during registration. You are responsible for safeguarding your account credentials and for all activity under your account. You must notify us immediately of any unauthorized access.

3. Subscription Plans & Billing

3.1 Plans

OpenEnterprise offers paid subscription plans (Solopreneur, Mogul, and Enterprise). Each plan includes a monthly token allowance, memory allocation, and access to all AI models. Plan details and pricing are described on our pricing page and may be updated from time to time.

3.2 Billing

Subscriptions are billed in advance on a monthly or annual basis. Annual plans receive a 15% discount. All fees are non-refundable except as required by applicable law or as expressly stated in these Terms.

3.3 Overage

If your usage exceeds your plan’s monthly token allowance, overage charges will be applied at the per-million-token rate specified in your plan. Overage charges are billed at the end of each billing cycle.

3.4 BYOK (Bring Your Own Keys)

All plans support the use of your own API keys for third-party AI model providers. When using BYOK, you are responsible for all costs incurred directly with those providers. We do not monitor or control usage on your own keys.

3.5 Cancellation

You may cancel your subscription at any time. Upon cancellation, your account will remain active through the end of the current billing period. After that, your account will revert to a read-only state. Data is retained for 90 days post-cancellation, after which it may be permanently deleted.

4. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
  • Attempt to gain unauthorized access to any part of the Service, other accounts, or systems.
  • Interfere with or disrupt the Service or servers or networks connected to the Service.
  • Use the Service to transmit malware, viruses, or other harmful code.
  • Scrape, crawl, or use automated tools to extract data from the Service (except via our APIs as documented).
  • Reverse-engineer, decompile, or disassemble any part of the Service.
  • Resell, sublicense, or redistribute the Service without our prior written consent.
  • Use AI agents created through the Service to harass, defraud, or harm individuals.
  • Generate content that violates any third-party intellectual property rights.
  • Circumvent usage limits, metering, or billing mechanisms.

5. AI Agents & Generated Content

5.1 Agent Behavior

AI agents created and operated through OpenEnterprise act on your behalf. You are solely responsible for the actions, outputs, and decisions made by your AI agents. We do not guarantee the accuracy, completeness, or reliability of AI-generated content.

5.2 Content Ownership

You retain ownership of all content you create, upload, or generate through the Service, including AI-generated outputs. You grant OpenEnterprise a limited, non-exclusive license to use your content solely to provide and improve the Service.

5.3 Third-Party Models

The Service routes requests to third-party AI model providers (Anthropic, OpenAI, Google, etc.). Your use of these models is also subject to each provider’s terms of service and acceptable use policies.

6. Intellectual Property

The Service, including all software, design, trademarks, and documentation, is the property of OpenEnterprise or its licensors and is protected by intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service except the limited right to use it in accordance with these Terms.

7. Data & Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8. Third-Party Integrations

The Service may integrate with third-party services (Stripe, GitHub, Google, Slack, etc.). Your use of those services is subject to their respective terms. We are not responsible for the availability, accuracy, or conduct of third-party services.

9. Disclaimers

THE SERVICE IS 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, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPENENTERPRISE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless OpenEnterprise and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorney’s fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) the actions or outputs of AI agents created under your account; or (d) your violation of any third-party rights.

12. Termination

We may suspend or terminate your account at any time for violation of these Terms, non-payment, or any other reason at our sole discretion, with or without notice. Upon termination, your right to use the Service ceases immediately. Sections 5.2, 6, 9, 10, 11, 13, and 14 survive termination.

13. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Any dispute arising under these Terms shall be resolved through binding arbitration administered by JAMS under its Streamlined Arbitration Rules, held in Wilmington, Delaware. You waive any right to a jury trial or to participate in a class action.

14. General Provisions

  • Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and OpenEnterprise.
  • Severability: If any provision is held unenforceable, the remaining provisions remain in full force.
  • Waiver: Our failure to enforce any provision is not a waiver of that provision.
  • Assignment: You may not assign these Terms without our prior written consent.
  • Modifications: We may update these Terms at any time. Material changes will be communicated via email or through the Service. Continued use after changes constitutes acceptance.
  • Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control.

15. Contact

For questions about these Terms, contact us at legal@openenterprise.ai.