Application Terms of Service

These Application Terms of Service ("Application Terms") govern your access to and use of the AI-powered business operations platform operated by The Company Company Inc. ("Company," "Co," "we," "us," or "our"), including the web application at https://app.thecompany.company, the desktop and mobile applications, the API, the command-line tools, personal assistants, and every agent, sandbox, integration, and related service we provide (together, the "Application").

These Application Terms are a legally binding agreement between the Company and the individual or entity that creates an account, joins an organization, or otherwise uses the Application ("Customer," "you," or "your"). If you use the Application on behalf of an organization, you represent that you have authority to bind that organization, and "Customer" means that organization.

By clicking "I agree," creating an account, joining an organization, or using the Application, you accept these Application Terms and our Privacy Policy (https://www.thecompany.company/legal/privacy). If you do not agree, do not use the Application.

These Application Terms supplement the Website Terms of Service (https://www.thecompany.company/legal/terms), which continue to govern the public marketing website. Where the two conflict with respect to the Application, these Application Terms control. If you and the Company have signed a separate written agreement (for example an enterprise order form or a Data Processing Agreement), that agreement controls over these Application Terms to the extent of any conflict.

1. Definitions

"Agent" means any autonomous or semi-autonomous software process the Application runs on your behalf, including sessions, subagents, personal assistants, automations, and scheduled tasks.
"Authorized User" means an individual you allow to use the Application under your account or organization, including employees, contractors, and agents you invite.
"Connected Service" means any third-party product, service, or account you connect to the Application, including through OAuth, API keys, MCP servers, repository access, or model-provider subscriptions.
"Customer Data" means all data, content, code, credentials, messages, files, and other information that you or your Authorized Users submit to the Application, that the Application retrieves from a Connected Service at your direction, or that an Agent generates, transforms, or records while acting for you, including prompts, transcripts, tool calls, tool results, memories, sandbox contents, and Outputs.
"Documentation" means our published guides and reference material for the Application.
"Output" means text, code, files, actions, or other results the Application produces in response to your instructions.
"Training Data" means Customer Data that we retain and use for the purposes described in Section 5.
"Order" means an order form, checkout page, in-Application plan selection, or other document that specifies the plan, fees, and term for your use of the Application.

2. Eligibility and Accounts

You must be at least 18 years old to use the Application. The Application is a business tool. It is not directed to children, and we do not knowingly collect information from anyone under 13.

You are responsible for all activity under your account and your organization, including activity by Authorized Users and Agents. You must keep credentials confidential, ensure that Authorized Users comply with these Application Terms, and notify us promptly at legal@thecompany.company of any unauthorized use.

Organization owners and administrators may configure permissions, tool policies, model policies, approval requirements, integrations, and secrets for the organization. Those configurations bind every Authorized User in the organization. We may rely on any instruction that comes from an authenticated account or a session acting under one.

3. The Application and Agents

3.1 Access

Subject to these Application Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable right during the term to access and use the Application for your internal business purposes in accordance with the Documentation.

3.2 Autonomous action

The Application runs Agents that read from and write to Connected Services and external systems on your behalf. Depending on how you configure it, an Agent may, without further confirmation from a human, send and post messages, create and edit documents and records, open, modify, and merge code changes, run commands in sandboxes, modify billing or customer records, schedule and trigger future work, and take any other action available through the tools and integrations you enable.

You authorize the Company and its Agents to take these actions on your behalf and in your name. You are solely responsible for deciding which tools, integrations, permissions, approval requirements, and automations to enable, for the instructions you and your Authorized Users give, and for the consequences of actions taken within the authority you configured. We recommend requiring human approval for consequential or irreversible actions, and we are not responsible for losses that human approval would have prevented.

3.3 Connected Services

Connected Services are provided by third parties under their own terms. You are responsible for holding all rights, licenses, and consents required to connect each Connected Service, for complying with its terms, and for the data an Agent retrieves from it. We may store credentials for Connected Services in encrypted form for as long as the connection is active. We are not responsible for a Connected Service's availability, behavior, data, or changes.

If you route model requests through your own subscription with a model provider (for example, a ChatGPT or Grok subscription), your agreement with that provider governs that usage, you are responsible for complying with it, and we make no commitment about how the provider handles data on those requests.

3.4 Sandboxes and secrets

Agents may clone repositories, install software, store files, and run commands in sandboxed environments. Secrets you supply are made available to those environments as needed to perform your tasks. You must not place secrets in prompts, files, or Connected Services that are not designated for secrets. We use commercially reasonable measures to exclude secrets from logs, transcripts, and Training Data, but you are responsible for rotating any credential you expose.

3.5 Changes to the Application

We may add, change, or remove features, models, model providers, integrations, and limits at any time. We will use reasonable efforts to give notice of changes that materially reduce core functionality of a paid plan. Features marked beta, preview, experimental, or similar are provided as-is, may be withdrawn at any time, and are excluded from any service commitment.

4. Customer Data: Ownership and License

4.1 Ownership

As between you and us, you own Customer Data. You retain all rights in Customer Data except for the licenses you grant in these Application Terms.

4.2 License to operate the Application

You grant the Company a worldwide, non-exclusive, royalty-free license to host, copy, store, process, transmit, display, modify, and create derivative works of Customer Data as necessary to provide, secure, maintain, and support the Application, to comply with law, and as otherwise permitted by these Application Terms and the Privacy Policy.

4.3 Your representations about Customer Data

You represent and warrant that:

You own or have obtained all rights, licenses, permissions, and consents (including from your employees, customers, counterparties, and the operators of Connected Services) necessary to submit Customer Data to the Application and to grant the licenses in this Section 4 and Section 5;
Customer Data and its use in accordance with these Application Terms do not and will not infringe or misappropriate any third-party right or violate any law or any agreement you are bound by, including the terms of any Connected Service;
You will not submit Customer Data that is subject to regulatory regimes requiring specific safeguards we have not agreed to in writing, including protected health information under HIPAA, payment card data under PCI DSS (other than through our payment processor), data of children under 13, or data subject to export controls, unless a signed agreement with us covers it; and
You have provided any notices to, and obtained any consents from, individuals whose personal information is contained in Customer Data that are required for the processing described in these Application Terms and the Privacy Policy, including for Training Data.

5. Service Improvement

5.1 License to improve the Services

Unless your organization has elected otherwise under Section 5.3, you grant the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable (to our service providers and successors) license to retain Customer Data and to use, reproduce, analyze, modify, create derivative works of, and otherwise process it to train, fine-tune, evaluate, test, benchmark, and improve models, Agents, prompts, tools, safety systems, and the Application, and to develop new products and services.

5.2 Exclusions

We do not use the following as Training Data, regardless of your setting:

Data obtained through Google API scopes (including Gmail, Google Drive, Docs, Sheets, and Calendar) and anything derived from it, consistent with the Google API Services User Data Policy. We store this data as Customer Data to provide the Services, including in transcripts and tool results, but we do not include it in Training Data;
Data obtained through any other Connected Service whose terms prohibit such use, as we determine from time to time;
Secrets, access tokens, API keys, passwords, payment card data, and sandbox environment variables; and
Data from an organization that has opted out under Section 5.3, from the time we process the opt-out.

5.3 Organization preference

An organization owner or administrator may opt out of the use of Customer Data under Section 5.1 by emailing legal@thecompany.company from an owner or administrator account with the subject "Training opt-out". The opt-out takes effect prospectively once we have processed it, for Customer Data processed after that time. It does not require us to delete or stop using Training Data collected before the change, to retrain or delete models, or to remove aggregated or de-identified information.

5.4 Models are not Customer Data

Models, weights, embeddings, evaluations, prompts, and other artifacts we create using Training Data are our property and are not Customer Data. Deleting Customer Data, closing an account, terminating these Application Terms, or exercising a privacy right does not require us to delete, retrain, or modify any model or artifact already created, and we will not do so except where required by law.

5.5 Confidentiality of Training Data

Training Data remains subject to the confidentiality and security obligations in these Application Terms. We do not sell Training Data, and we do not make Customer Data available to other customers except in the form of trained models and improvements to the Application.

6. Outputs and AI Limitations

Ownership of Outputs. Subject to our rights in the Application, models, and any pre-existing materials, we assign to you our rights, if any, in Outputs generated for you. Outputs may not be unique; similar Outputs may be generated for other customers, and you have no rights in Outputs generated for others.
No warranty of accuracy. Outputs are produced by probabilistic systems and may be inaccurate, incomplete, outdated, biased, or otherwise wrong, and Agents may take unintended actions. You must review Outputs and Agent actions before relying on them. We do not warrant that Outputs are correct, safe, fit for any purpose, or free of third-party rights.
No professional advice. Outputs are not legal, financial, tax, medical, accounting, security, or other professional advice.
Consequential decisions. You must not use the Application as the sole basis for decisions that produce legal or similarly significant effects on individuals, including employment, credit, housing, insurance, education, or healthcare decisions, without meaningful human review.
Third-party models. We use third-party model providers. We may change providers and models at any time. Provider outages, policy changes, and behavior are outside our control.

7. Acceptable Use

You must not, and must not allow any Authorized User or Agent to:

Violate any law, regulation, or third-party right, or use the Application to do so;
Access another customer's data or any system you are not authorized to access, or use the Application to attempt to do so;
Use Outputs, the Application, or data obtained through it to develop, train, or improve a competing product or a general-purpose model, or to benchmark the Application for publication without our written consent;
Circumvent, disable, or probe safety, rate-limiting, permission, approval, tool-policy, or billing controls;
Reverse engineer, decompile, or extract the source code, prompts, weights, or non-public methods of the Application, except to the extent applicable law prohibits this restriction;
Resell, sublicense, time-share, or provide the Application to third parties as a service, except to Authorized Users;
Transmit malware, or use the Application to generate or distribute spam, harassment, fraud, disinformation, or content that is unlawful, infringing, or harmful;
Use the Application to make automated decisions with legal or similarly significant effects on individuals without the human review Section 6 requires;
Process regulated data described in Section 4.3 without a signed agreement covering it; or
Use the Application in a manner that imposes an unreasonable load on our infrastructure or interferes with other customers.

We may investigate suspected violations, suspend affected accounts, Agents, or integrations, and cooperate with law enforcement.

8. Fees and Payment

Plans and credits. Fees, included usage, credits, and limits are set out in the applicable Order and on our pricing page. Usage beyond included amounts may be billed at the rates then in effect or may cause the Application to pause work until you add credits.
Billing. Subscriptions renew automatically for successive terms of the same length unless cancelled before renewal. You authorize us and our payment processors to charge your payment method for all fees when due. Fees are stated and payable in U.S. dollars and are exclusive of taxes, which you are responsible for (other than taxes on our income).
Changes. We may change fees on notice; changes take effect at your next renewal. Continued use after the change is acceptance.
Refunds. Fees are non-refundable except as required by law or as expressly stated in an Order. Unused credits expire as described on the pricing page or in the Order.
Late payment. We may suspend the Application for accounts more than 15 days past due after notice. Amounts unpaid when due accrue interest at 1.5% per month or the maximum lawful rate, whichever is lower.
Trials and free plans. Free plans and trials are provided as-is and may be changed, limited, or withdrawn at any time.

9. Confidentiality

"Confidential Information" means non-public information disclosed by one party to the other that is designated confidential or that a reasonable person would understand to be confidential, including Customer Data (for you) and the non-public features, prompts, methods, pricing, and roadmap of the Application (for us). The receiving party will use Confidential Information only to perform under these Application Terms (including, for us, the uses of Customer Data permitted by Sections 4 and 5), will protect it with at least reasonable care, and will disclose it only to personnel and service providers bound by comparable obligations. These obligations do not apply to information that is public through no fault of the receiving party, independently developed, or rightfully received from a third party without restriction, and do not prevent disclosure required by law after reasonable notice where permitted.

10. Security and Data Handling

We maintain administrative, technical, and physical safeguards designed to protect Customer Data, including encryption in transit and at rest, access controls, logging, and incident response procedures. We will notify you without undue delay of a confirmed security breach affecting your Customer Data, as required by applicable law.

Our processing of personal information in Customer Data is described in the Privacy Policy and, where applicable, a Data Processing Agreement. Our sub-processors are listed at https://www.thecompany.company/legal/sub-processors. You are responsible for the security of your own credentials, devices, Connected Services, and sandbox contents, and for backing up Customer Data you cannot afford to lose.

11. Intellectual Property

We and our licensors own the Application, models, Documentation, and all improvements, derivatives, and feedback-derived enhancements, including all intellectual property rights. Except for the rights expressly granted in these Application Terms, no rights are granted to you. If you provide suggestions, ideas, or feedback, you grant us a perpetual, irrevocable, royalty-free license to use them for any purpose without obligation.

12. Third-Party Services and Open Source

The Application interoperates with Connected Services and includes open-source components governed by their own licenses. We are not responsible for third-party services, and your use of them is at your own risk. Nothing in these Application Terms limits your rights under an open-source license.

13. Term, Suspension, and Termination

Term. These Application Terms apply from your first use of the Application and continue until terminated.
Termination by you. You may stop using the Application at any time and may request account or organization deletion through the Application or by emailing legal@thecompany.company. Paid subscriptions continue until the end of the current billing term unless cancelled.
Termination or suspension by us. We may suspend or terminate your access immediately if you breach these Application Terms, fail to pay, create risk or legal exposure for us, or if we discontinue the Application (in which case we will refund prepaid fees for the unused portion of a paid term). We may otherwise terminate on 30 days' notice.
Effect. On termination your right to use the Application ends. For 30 days after termination you may request an export of your Customer Data, which we will use reasonable efforts to provide, after which we may delete it, subject to Section 5.4, our retention practices in the Privacy Policy, and legal requirements. Sections 4, 5, 6, 8 (for amounts owed), 9, 11, 14, 15, 16, 17, and 18 survive.

14. Warranties and Disclaimers

Each party warrants that it has the authority to enter into these Application Terms. You further warrant that your use of the Application will comply with law and these Application Terms.

EXCEPT AS EXPRESSLY STATED IN THESE APPLICATION TERMS, THE APPLICATION, AGENTS, OUTPUTS, AND DOCUMENTATION ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT AGENTS WILL ACT AS INTENDED, THAT OUTPUTS WILL BE CORRECT, OR THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE APPLICATION AND FROM ACTIONS AGENTS TAKE WITHIN THE AUTHORITY YOU CONFIGURED.

15. Limitation of Liability

TO THE MAXIMUM 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, DATA, OR BUSINESS INTERRUPTION, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE APPLICATION TERMS OR THE APPLICATION WILL NOT EXCEED THE FEES YOU PAID TO US FOR THE APPLICATION IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (US $100) IF YOU PAID NO FEES.
WITHOUT LIMITING THE FOREGOING, WE ARE NOT LIABLE FOR ACTIONS TAKEN BY AGENTS WITHIN THE TOOLS, INTEGRATIONS, PERMISSIONS, AND APPROVAL SETTINGS YOU CONFIGURED, FOR OUTPUTS, FOR CONNECTED SERVICES, FOR THIRD-PARTY MODEL PROVIDERS, OR FOR YOUR FAILURE TO BACK UP CUSTOMER DATA.
THESE LIMITATIONS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS, EITHER PARTY'S INDEMNIFICATION OBLIGATIONS, OR LIABILITY THAT CANNOT BE LIMITED BY LAW.

16. Indemnification

You will defend, indemnify, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Customer Data, including any claim that Customer Data or our processing of it as permitted by these Application Terms infringes or violates a third party's rights or applicable law; (b) your Connected Services and your compliance with their terms; (c) actions taken by Agents within the authority you configured or at your or your Authorized Users' instruction; (d) your use of Outputs; (e) your breach of these Application Terms; or (f) any dispute between you and a third party, including your customers, employees, or counterparties.

We will defend you against third-party claims alleging that the Application, as provided by us and used in accordance with these Application Terms, infringes a United States patent, copyright, or trademark, and pay resulting damages and costs finally awarded, provided you notify us promptly, give us sole control of the defense and settlement, and cooperate reasonably. We have no obligation for claims arising from Customer Data, Outputs, Connected Services, combinations with items we did not supply, or use after we notify you to stop. If the Application is or may be enjoined, we may modify it, procure a license, or terminate the affected part and refund prepaid unused fees. This Section states our entire liability for infringement.

17. Dispute Resolution and Arbitration

17.1 Binding arbitration

Any dispute, controversy, or claim arising out of or relating to these Application Terms or the Application will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures (or Comprehensive Rules for claims exceeding the Streamlined threshold). The arbitration will be conducted in San Francisco, California, by a single arbitrator, in English. Judgment on the award may be entered in any court of competent jurisdiction. To the extent permitted by law, each party waives any right to a jury trial.

17.2 Class action waiver

EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of more than one party. Nothing in this Section waives any right to seek public injunctive relief that cannot be waived under applicable law; the arbitrator may award such relief to the extent the law permits, and any request for it that cannot lawfully be arbitrated will proceed in the courts specified in Section 18, without affecting the enforceability of the rest of this Section 17.

17.3 Exceptions

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights or Confidential Information, and either party may bring an individual action in small claims court for qualifying disputes.

17.4 Opt-out

You may opt out of this Section 17 by emailing legal@thecompany.company with the subject "Arbitration Opt-Out" within 30 days of first accepting these Application Terms. If you opt out, disputes will be resolved in the courts named in Section 18.

18. Governing Law and Venue

These Application Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules. For any dispute not subject to arbitration, the state and federal courts located in San Francisco, California have exclusive jurisdiction and venue, and each party consents to personal jurisdiction there. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

19. Changes to These Application Terms

We may modify these Application Terms. For material changes, including changes to Section 5 (Service Improvement), Section 15 (Limitation of Liability), or Section 17 (Dispute Resolution), we will give reasonable advance notice by email to the addresses associated with your account or by notice in the Application, and we will ask you to accept the updated Application Terms before continuing to use the Application after the effective date. Other changes take effect when posted with a revised "Last Updated" date. If you do not agree to a change, you must stop using the Application before the effective date and may request deletion under Section 13.

20. General

Export and sanctions. You represent that you are not located in, or a national of, a country subject to U.S. embargo, and are not on any U.S. restricted-party list. You will comply with export-control and sanctions laws.
U.S. Government users. The Application is commercial computer software; government users receive only the rights granted to all customers under these Application Terms.
Publicity. With your prior consent, we may identify you as a customer by name and logo. You may revoke consent at any time.
Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including third-party service provider or model-provider outages.
Assignment. You may not assign these Application Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets.
Notices. Notices to us go to legal@thecompany.company or The Company Company Inc., 1885 Mission St, San Francisco, CA 94103. Notices to you go to the email address on your account or in-Application notice, and are effective when sent.
Severability; waiver. If a provision is unenforceable, it will be enforced to the maximum extent permitted and the rest remains in effect. Failure to enforce a provision is not a waiver.
Independent contractors. The parties are independent contractors. Nothing creates a partnership, joint venture, agency (other than the Agent authorization in Section 3.2), or employment relationship.
Entire agreement. These Application Terms, the Privacy Policy, any Order, any Data Processing Agreement, and the Website Terms (as to the website) are the entire agreement between the parties about the Application and supersede all prior agreements and understandings. Terms in your purchase orders or vendor forms do not apply.

Contact Us

Email: legal@thecompany.company
Address: The Company Company Inc., 1885 Mission St, San Francisco, CA 94103