Terms of Service

Terms of Service.

These Terms govern your use of AGENTIC+SPA. Effective November 2, 2026. They include an arbitration agreement and class-action and jury waiver in Section 16, with a 30-day opt-out.

1. Who we are and what these Terms cover · 2. Eligibility · 3. The Service · 4. No guarantees / no expectations · 5. Service levels · 6. AI outputs · 7. No professional advice · 8. Your responsibilities: your agents, data and keys · 9. Acceptable use · 10. Fees, invoices and chargebacks · 11. Intellectual property and feedback · 12. Third-party services · 13. Disclaimer of warranties (“as is”) · 14. Limitation of liability · 15. Indemnity · 16. Dispute resolution: arbitration, class and jury waiver · 17. Governing law and venue · 18. Suspension and termination · 19. Changes to these Terms · 20. General terms · 21. Contact

1. Who we are and what these Terms cover

These Terms of Service (the “Terms”) are a binding agreement between you and Digital Currensy Inc., a Delaware corporation (“DCI,” “we,” “us”), which operates the AGENTIC+SPA brand, the websites at agentic-spa.vercel.app and agentic-spa-door.vercel.app and related pages, forms, reports, fit-check and rate-card requests, the on-site chat agents, agent deployment, monitoring, evaluation and maintenance services (together, the “Service”). If you use the Service for a company or other organization, you represent that you have authority to bind it, and “you” means that organization. If you do not agree, do not use the Service.

A signed order form, statement of work or other written agreement signed by both parties (a “Written Agreement”) controls over these Terms where they conflict, but only for the matters it expressly covers.

2. Eligibility

You must be at least 18 years old and able to form a binding contract. The Service is offered to businesses and professionals; it is not directed to consumers or children. You must not use the Service if you are barred from doing so under applicable law, including sanctions and export-control laws.

3. The Service

We help customers deploy, evaluate, monitor and maintain software agents, including agents that use large language models. Features, rooms, desks, reports and workflows may change, be added or be removed at any time. Example reports and demonstrations on the site are illustrations of our own work, not client results.

4. No guarantees / no expectations

You acknowledge that you have no expectation of, and DCI makes no promise of, any particular outcome. Without limiting Section 13, DCI does not guarantee and you should not expect:

• any level of agent or model performance, accuracy, completeness, quality, scoring, pass rate or calibration;
• uptime, availability, response time, latency or error-free or uninterrupted operation;
• any cost savings, efficiency gain, revenue, profit, sales, leads, bookings, conversions or return on investment;
• that any issue, drift, defect or failure in your agents will be found, prevented or fixed;
• any business, legal, regulatory or reputational result.

Any statement, estimate, benchmark, sample report, case description or forecast is illustrative only and is not a promise. You make your own decisions and bear the results of them.

5. Service levels

No service-level commitment, response-time commitment, uptime commitment or service credit applies unless, and only to the extent, a Written Agreement expressly provides one. Any such commitment is your sole and exclusive remedy for the failure it covers.

6. AI outputs

The Service uses automated systems, including artificial intelligence and large language models, that produce text, scores, drafts, recommendations and other output (“Outputs”). Outputs are generated by probabilistic systems and may be inaccurate, incomplete, outdated, biased, offensive or inconsistent, and may be similar to output generated for others. Outputs are not reviewed by a human unless a Written Agreement says so.

You are solely responsible for reviewing, verifying and deciding whether to use, send, publish or rely on any Output. Do not rely on Outputs as a sole source of truth or as a substitute for professional judgment. Humans send: the Service is designed so that a named human approves anything before it leaves your systems, and you are responsible for that approval.

7. No professional advice

Nothing in the Service or any Output is legal, tax, accounting, financial, investment, medical, health, insurance, real-estate, employment or other professional advice, and no attorney-client, fiduciary or other professional relationship is created. Consult a qualified professional before acting on any such matter.

8. Your responsibilities: your agents, data and keys

You are solely responsible for:

• your agents, models, prompts, configurations, workflows and systems, and everything they do, say or send;
• the data, content and materials you or your agents provide or that we access at your direction (“Customer Data”), including having all rights, notices and consents needed for us to process it;
• your accounts, credentials and third-party API keys and services (for example model providers, email, calendar, CRM or payment providers), including their fees, terms, security and rate limits;
• the confidentiality of your login details and all activity under your account;
• compliance with all laws that apply to your business and your use of the Service, including privacy, consumer-protection, marketing, telemarketing, anti-spam and sector-specific laws.

You grant DCI a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit and display Customer Data only as needed to provide, secure and support the Service and as described in our Privacy Policy. As between the parties, you own Customer Data and, subject to these Terms and any third-party rights, you may use Outputs generated for you.

9. Acceptable use

You must not, and must not allow anyone (including your agents) to, use the Service to:

• break any law or regulation, or infringe, misappropriate or violate anyone’s rights, including intellectual-property, privacy and publicity rights;
• send spam or unsolicited communications, or contact people without a lawful basis;
• scrape, harvest or collect data from sites or services in breach of their terms, or harvest inboxes;
• create or distribute malware, attempt unauthorized access, probe or bypass security, or interfere with the Service or any network;
• generate or distribute content that is unlawful, defamatory, harassing, hateful, sexually exploitative of minors, or that impersonates any person;
• make automated decisions with legal or similarly significant effects on individuals without the human review and notices the law requires;
• reverse engineer, copy, resell or build a competing product from the Service, except where the law expressly permits;
• exceed or circumvent usage limits, or misrepresent your identity or affiliation.

We may investigate suspected violations, remove content, and suspend or restrict access to protect the Service, other customers or third parties.

10. Fees, invoices and chargebacks

Fees, if any, are set only in a Written Agreement or invoice; no prices are offered on the public site. Unless a Written Agreement says otherwise: fees are due as stated on the invoice; fees are non-refundable except where required by law; amounts are exclusive of taxes, which you pay (other than taxes on DCI’s net income); and overdue amounts may lead to suspension.

If you dispute a charge, contact us first so we can try to resolve it. If you initiate a chargeback or payment reversal for amounts properly owed, we may suspend the Service and recover the disputed amount and reasonable collection costs. Third-party payment processors handle payments under their own terms.

11. Intellectual property and feedback

DCI and its licensors own the Service, the site, our software, methods, rooms, graders, templates, reports, trademarks (including AGENTIC+SPA) and all related intellectual property, except Customer Data. No rights are granted except as stated in these Terms. If you send suggestions or feedback, we may use them without restriction or obligation to you.

12. Third-party services

The Service may interoperate with third-party products, models, APIs and sites that DCI does not control. Your use of them is governed by their terms, and DCI is not responsible for them, their availability, their outputs or their handling of your data.

13. Disclaimer of warranties (“as is”)

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. DCI DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. DCI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OUTPUT WILL BE ACCURATE OR RELIABLE.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) DCI AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SAVINGS, GOODWILL, DATA OR BUSINESS OPPORTUNITY, OR COST OF SUBSTITUTE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) DCI’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (I) THE FEES YOU PAID DCI FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS (USD 100).

These limits are an essential basis of the bargain and apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain exclusions; in those places the limits apply to the fullest extent permitted.

15. Indemnity

You will defend, indemnify and hold harmless DCI and its affiliates, officers, directors, employees and contractors from and against all claims, demands, losses, liabilities, damages, fines, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Customer Data; (b) your agents and anything they do, say or send; (c) your use of Outputs; (d) your third-party services and API keys; (e) your breach of these Terms or of law; or (f) your infringement or violation of any third-party right. DCI may participate with counsel of its choice, and you may not settle a claim that imposes obligations on DCI without DCI’s written consent.

16. Dispute resolution: arbitration, class and jury waiver

Please read this section carefully; it affects your rights. Before filing a claim, each party agrees to send the other a written notice describing the dispute and to try in good faith to resolve it informally for thirty (30) days.

Except as stated below, any dispute, claim or controversy arising out of or relating to these Terms or the Service (including their formation, scope, validity or enforceability) will be resolved by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (or, if applicable and required, its Consumer Arbitration Rules), before a single arbitrator. The Federal Arbitration Act governs this section. The arbitrator may award relief only on an individual basis. Judgment on the award may be entered in any court of competent jurisdiction.

Class and jury waiver. YOU AND DCI EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. If this waiver is found unenforceable as to a claim, that claim must be severed and heard in court, and the rest of this section still applies.

Exceptions. Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or confidential information or to stop misuse of the Service.

Opt-out. You may opt out of this arbitration agreement by sending written notice through the contact form at agentic-spa.vercel.app/#contact within thirty (30) days after you first accept these Terms, stating your name, organization, email and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

17. Governing law and venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, and, as to arbitration, the Federal Arbitration Act. Subject to Section 16, the state and federal courts located in Delaware have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

18. Suspension and termination

You may stop using the Service at any time. We may suspend or terminate your access at any time, with or without notice, including for breach, non-payment, risk to the Service or others, or legal requirement. On termination, your right to use the Service ends, unpaid fees become due, and we may delete Customer Data after any period stated in our Privacy Policy or a Written Agreement.

19. Changes to these Terms

We may change these Terms from time to time. We will post the updated Terms with a new effective date and, for material changes, give reasonable notice by the site or email where practical. Changes apply going forward; continued use after the effective date means you accept them. Changes to Section 16 will not apply to a dispute already noticed.

20. General terms

Entire agreement. These Terms, the Privacy Policy and any Written Agreement are the entire agreement on their subject and supersede prior understandings.

Severability. If any provision is unenforceable, it will be enforced to the maximum extent permissible and the rest remains in effect.

Assignment. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, reorganization or sale of assets, or to an affiliate. Any prohibited assignment is void.

Force majeure. DCI is not liable for any delay or failure caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, government action, utility, internet, hosting or model-provider failures, and cyberattacks.

Notices. We may give notice by email to the address associated with you, or by posting on the site. You must send legal notices to DCI through the contact form at agentic-spa.vercel.app/#contact, addressed to Digital Currensy Inc., Attention: Legal.

Survival. Sections 4, 6, 7, 8, 10 (as to amounts owed), 11, 13, 14, 15, 16, 17 and 20, and any other terms that by their nature should survive, survive termination.

No waiver; relationship. Failure to enforce a provision is not a waiver. The parties are independent contractors; there are no third-party beneficiaries. Headings are for convenience only, and “including” means “including without limitation.”

21. Contact

Questions about these Terms: the contact form at agentic-spa.vercel.app/#contact or email info@digitalcurrensy.com. Digital Currensy Inc., a Delaware corporation, brand AGENTIC+SPA. Effective November 2, 2026.