Terms of Service
Last updated: May 11, 2026 · Effective: May 11, 2026
These Terms of Service ("Terms") form a binding agreement between you ("Customer," "you") and Agent Etna, Inc. ("Agent Etna," "we," "us"), a Delaware corporation with its registered office at 2261 Market Street, STE 36246, San Francisco, CA 94114. They govern your access to and use of the Agent Etna platform, including the dashboard, APIs, MCP server, CLI, and any related documentation (collectively, the "Service").
By creating an account, executing an order form, or using the Service you accept these Terms. If you are accepting on behalf of an organisation, you represent that you have authority to bind that organisation, and "you" refers to that organisation.
These Terms govern the commercial relationship between you and Agent Etna. They reference three other documents which form part of this agreement: the Privacy Policy (what we do with personal data), the Security page (the safeguards we operate), and the Usage Policy (what you may and may not do with the Service). In the event of a direct conflict, these Terms control.
1. The Service
Agent Etna is a software platform for testing, evaluating, and fixing AI agents. The Service inspects code in repositories you connect, generates and runs tests, proposes patches, and opens pull requests against the same repositories. Specific features available to you depend on the subscription plan in effect.
2. Account
You must register for an account and authenticate through one of the supported identity providers. You are responsible for keeping your credentials confidential and for all activity that occurs under your account. You must notify us promptly at contact@agentetna.com of any suspected unauthorised use.
3. Subscriptions, fees, and renewals
The Service is offered on a free tier and on paid tiers. Paid tiers are billed in advance, monthly or annually, via Stripe. Fees are exclusive of taxes; you are responsible for any taxes that apply in your jurisdiction.
Subscriptions renew automatically for successive periods of the same length unless cancelled before the renewal date. Cancellation takes effect at the end of the current billing period; no refunds are provided for partial periods. We may revise pricing on no less than thirty (30) days' written notice; revised pricing applies on your next renewal.
4. Customer content; licence to operate the Service
As between you and Agent Etna, you retain all right, title, and interest in the code, prompts, configurations, conversations, and other materials you submit to or through the Service ("Customer Content"). You grant Agent Etna a worldwide, non-exclusive, royalty-free licence to access, store, transmit, process, and modify Customer Content solely to provide and improve the Service for you.
We do not use Customer Content to train foundation models. We do not sell or rent Customer Content. Limited, aggregated, de-identified usage data may be used to operate, secure, and improve the Service.
5. Acceptable use
Your use of the Service is subject to the Usage Policy. The Usage Policy describes the categories of conduct and content that are not permitted on the Service and the consequences for breaching it. The Usage Policy is incorporated into these Terms by reference.
6. Privacy
Our handling of personal data is governed by the Privacy Policy, which is incorporated into these Terms by reference. Where you act as a data controller and Agent Etna acts as a processor on your behalf, the parties' obligations are set out in a Data Processing Addendum, available on request.
7. Security
The technical and organisational safeguards Agent Etna maintains are described on the Security page, including vulnerability disclosure and incident reporting. The Security page is informational and does not, on its own, create commitments beyond those stated in these Terms or a separate order form.
8. Third-party providers and "Bring Your Own Key"
The Service routes inference requests to third-party model providers. Where you supply your own API keys ("BYOK"), you are the customer of those providers and bear all charges incurred on your accounts. You are responsible for complying with the terms of each provider you connect.
9. Intellectual property
The Service, including its software, designs, documentation, and the Agent Etna name and marks, is owned by Agent Etna and protected by intellectual property laws. Nothing in these Terms transfers ownership of any part of the Service to you. You may not reverse-engineer, decompile, or attempt to extract the source code of the Service except to the extent applicable law expressly permits.
Feedback you submit may be used by Agent Etna without obligation. The output the Service generates from your Customer Content (for example, a proposed patch) is Customer Content; the underlying models, prompts, and tooling that produced it remain the property of Agent Etna or its licensors.
10. Warranties and disclaimer
Each party represents that it has the authority to enter into these Terms. Except as expressly stated, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGENT ETNA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Patches and analyses produced by the Service are suggestions. You are responsible for reviewing every change before it merges to your production branches.
11. 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, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY.
EACH PARTY'S TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES YOU PAID OR OWED TO AGENT ETNA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS DO NOT APPLY TO (A) AMOUNTS OWED UNDER ORDER FORMS, (B) A PARTY'S INDEMNIFICATION OBLIGATIONS, (C) A PARTY'S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS, OR (D) FRAUD OR WILFUL MISCONDUCT.
12. Indemnification
You will defend, indemnify, and hold harmless Agent Etna and its affiliates from any third-party claim arising from (i) your violation of these Terms, including the Usage Policy, (ii) your Customer Content, or (iii) your use of the Service in breach of applicable law. Agent Etna will defend, indemnify, and hold harmless Customer from any third-party claim that the Service, as provided by Agent Etna and used in accordance with these Terms, infringes the third party's intellectual property rights.
13. Suspension and termination
Either party may terminate these Terms for material breach if the breach is not cured within thirty (30) days of written notice. Agent Etna may suspend access immediately where continued use poses a security risk, violates the Usage Policy, or risks legal liability to Agent Etna.
On termination your right to use the Service ceases. You may export Customer Content for thirty (30) days after termination, after which Agent Etna will delete Customer Content in accordance with the retention provisions of the Privacy Policy. Sections that by their nature should survive termination will survive.
14. Changes to these Terms
We may update these Terms from time to time. For material changes we will notify you at least thirty (30) days before they take effect via email or an in-product notice. Your continued use of the Service after the effective date constitutes acceptance.
15. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, excluding its conflict-of-laws rules. The exclusive jurisdiction for any dispute arising out of or relating to these Terms is the state and federal courts located in New Castle County, Delaware, and each party consents to that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
16. Notices
Legal notices to Agent Etna must be sent to contact@agentetna.com and by post to the registered office below. Notices to you will be sent to the email associated with your account.
17. Miscellaneous
These Terms, together with any order forms, the Privacy Policy, the Usage Policy, and any Data Processing Addendum, are the entire agreement between the parties on this subject and supersede all prior agreements. If any provision is held unenforceable, the remainder will remain in effect. Neither party may assign these Terms without the other party's consent, except in connection with a merger, acquisition, or sale of substantially all of its assets. No waiver is effective unless in writing. Section headings are for convenience only.
18. Contact
Commercial questions: contact@agentetna.com. Legal notices: contact@agentetna.com.
Agent Etna, Inc.
2261 Market Street, STE 36246
San Francisco, CA 94114
United States