Terms of Use

1. Who We Are and How to Contact Us

• Company: Emergix LLC, doing business as Agentic Foundry
• Mailing Address: 531 Main Street, Ste 727, New York, NY 10044
• General Email: info@agenticfoundry.ai
• Privacy Contact: privacy@agenticfoundry.ai

2. Eligibility

You must be at least 18 years old to use the Services. By accessing or using the Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. The Services are not directed to or intended for children under 18, and we do not knowingly collect personal information from individuals under 18. If we learn that we have collected personal information from an individual under 18, we will delete that information in accordance with our Privacy Policy. If you are using the Services on behalf of an organization, you further represent that you are authorized to bind that organization to these Terms, and “you” refers to both you individually and the organization.

3. Acceptable Use & Agentic Behavior

You agree not to:

• Use the Services in any way that violates applicable law or regulation;
• Attempt to interfere with the security of the Services;
• Use automated means to scrape the Services, except as permitted by standard search engine crawlers or with our express written permission;
• Upload or transmit malware, viruses or other malicious code, or attempt unauthorized access to any systems or data;
• Misrepresent your identity, affiliation or authorization; or
• Use the Services to send unsolicited commercial communications or spam.

3.1 Agentic Responsibility

If you use the Services to automate actions (e.g., automated posting to social media or newsletter distribution), you are solely responsible for the frequency, volume and content of those actions. We reserve the right to throttle or suspend any “agent” that exhibits abusive behavior, excessive API consumption, or violates third-party platform rules.

We may suspend or terminate your access to the Services at any time if we reasonably believe you have violated these Terms, without prior notice and without liability to you.

3.2 Accounts and Security

If the Services require the creation of an account, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to promptly notify Agentic Foundry of any unauthorized use of your account or any other security breach. We are not liable for losses resulting from unauthorized access caused by your failure to safeguard account credentials.

3.3 Beta, Pilot and Early Access Services

Certain Services may be designated as beta, preview, pilot, early access, evaluation or similar offerings (“Beta Services”). Beta Services are provided for testing and evaluation purposes and may contain bugs, errors, interruptions or other limitations. Beta Services may be modified, suspended or discontinued at any time without notice. Beta Services are provided “AS IS” without any warranty, support obligation, service level commitment or guarantee of availability.

3.4 Subscriptions and Fees

Certain Services may require payment of subscription fees or other charges. Additional commercial terms, pricing, billing practices, renewal terms, cancellation rights and refund policies may be presented at the time of purchase and are incorporated into these Terms by reference.

Agentic Foundry reserves the right to modify pricing upon reasonable notice to users, provided that any pricing changes will not apply retroactively to prepaid subscription periods.

4. User Input and AI-Generated Output

4.1 User Input

You retain all rights to the data, text or instructions you provide to the Services (“Input”). You warrant that you own or have the necessary licenses for all Input and that its use does not violate any third-party rights.

4.2 Ownership of Output

Subject to your compliance with these Terms and full payment of any applicable fees, Agentic Foundry assigns to you all of its right, title and interest, if any, in and to the specific Output generated by the Services based on your Input.

Because artificial intelligence laws continue to evolve, Agentic Foundry makes no representation that Output is eligible for copyright, patent, trade secret or other intellectual property protection in any jurisdiction. To the extent any intellectual property rights arise in the Output under applicable law, Agentic Foundry assigns such rights to you.

4.3 Data Usage and Training (The “Foundry” Privacy Guarantee)

• Service Provision. You grant Agentic Foundry a limited, non-exclusive, royalty-free license to use, process, transmit, store and display your Input and Output solely to provide, maintain, secure, support and improve the functionality of the Services for you.
• No Global Training. Agentic Foundry does not use customer Input or Output to train, retrain, fine-tune or improve generalized machine learning models intended for use by other customers. Your proprietary content remains yours and is not used to benefit unrelated users of the Services.
• Third-Party Model Providers. Certain Services rely on third-party AI model providers. Input and Output may be processed by such providers solely for the purpose of delivering the Services. Agentic Foundry seeks to use providers whose contractual commitments prohibit the use of customer data for model training.
• Aggregated Data. Agentic Foundry may collect and use de-identified, aggregated, statistical and operational data derived from use of the Services for analytics, security, benchmarking, product improvement and business operations, provided that such information cannot reasonably identify you or reveal your confidential content.
• Data Retention. Agentic Foundry may retain Input, Output, account information and related records for as long as reasonably necessary to provide the Services, comply with legal obligations, resolve disputes, enforce agreements, maintain security and satisfy legitimate business requirements.

5. AI Disclaimer and Accuracy

5.1 Nature of AI

You acknowledge that the Services utilize artificial intelligence technologies, including machine learning systems, large language models (LLMs) and other automated and probabilistic technologies. Output may be similar across different users and is not guaranteed to be unique.

5.2 Fact-Checking Requirement

Output may contain “hallucinations,” factual inaccuracies or biased content. You are solely responsible for reviewing and fact-checking all Output before publishing or relying upon it. Use of the Output is at your own risk. Agentic Foundry is not responsible for any legal or reputational consequences resulting from unedited AI-generated content.

5.3 No Performance Guarantee

Agentic Foundry does not guarantee any specific marketing, advertising, SEO, lead generation, audience growth, engagement, conversion, revenue, ranking or business outcomes resulting from use of the Services or any Output generated by the Services.

5.4 Compliance Responsibility

You are solely responsible for ensuring that your use of the Services, publication of Output and any automated actions performed by agents comply with applicable laws, regulations, industry standards, platform requirements and contractual obligations, including those relating to advertising, marketing, consumer protection, privacy, intellectual property, email communications and data protection.

6. Intellectual Property (Platform)

The Services, including software, “agent” architectures and site design, are owned by Agentic Foundry. This does not include your Output (as defined in Section 4).

6.1 Feedback

If you submit ideas, suggestions, feedback or other input regarding the Services (“Feedback”), you grant Agentic Foundry a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify and incorporate that Feedback into our Services or products without compensation or obligation to you. We are not required to treat Feedback as confidential.

7. Third-Party Services and LLM Providers

7.1 Integration Partners

The Services may integrate with third-party platforms (e.g., HubSpot, Apollo, LinkedIn). Your use of these is subject to their respective terms.

7.2 Model Providers

Our “agentic” capabilities are powered by third-party Large Language Model (LLM) providers. While we maintain a “No Training” policy as outlined in Section 4.3, your Input may be processed by these providers in accordance with their enterprise data privacy standards. We ensure our agreements with these providers prohibit the use of your data for their model training.

7.3 Third-Party Availability

Certain features of the Services depend on third-party platforms, APIs, software, hosting providers, artificial intelligence providers, social media networks, email service providers or other external services. Agentic Foundry does not control and is not responsible for the availability, performance, security, functionality, pricing, policies or actions of such third parties.

Agentic Foundry may modify, suspend or discontinue integrations with third-party services at any time without liability.

8. Newsletter and Email Communications

8.1 Subscription and Consent

If you subscribe to our newsletter or other email communications by submitting your email address through a form, checked box or other opt-in mechanism on the Services, you are consenting to receive emails from Agentic Foundry. By subscribing, you confirm that you are providing your own email address and are authorized to receive communications at that address.

8.2 Types of Communications

Emails from Agentic Foundry may include editorial and thought leadership content related to AI, technology and our industry; company news, updates and announcements; and commercial messages about our services, offerings and events.

We identify commercial emails as required by the CAN-SPAM Act and other applicable law. Marketing emails will include a clear identification that the email is commercial in nature.

8.3 Your Unsubscribe Right

You may opt out of marketing and newsletter emails at any time by clicking the unsubscribe link included in any email we send, or by contacting us at info@agenticfoundry.ai.

We will process unsubscribe requests promptly, and no later than 10 business days after receipt, as required by applicable law. Unsubscribing from marketing emails will not affect our ability to send you transactional or administrative messages related to a prior request or inquiry you made, or messages required for security or legal compliance purposes.

9. Disclaimers

The Services and content are provided “as is” and “as available.” We disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Services will be uninterrupted, secure, error-free or free of harmful components.

Content provided through the Services is for general informational purposes only and does not constitute legal, financial, medical or other professional advice. You should consult a qualified professional for advice tailored to your specific circumstances. Reliance on any information provided through the Services is at your own risk.

10. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Agentic Foundry, Emergix LLC or their respective affiliates, officers, directors, employees, contractors, agents or licensors be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including without limitation damages for loss of profits, revenue, data, goodwill, business opportunities or reputational harm, arising out of or related to these Terms, the Services, Output, AI-generated content or automated actions performed by agents, whether based on warranty, contract, tort (including negligence), strict liability or any other legal theory, and whether or not Agentic Foundry has been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, Agentic Foundry shall not be liable for any decisions made, actions taken, or content published based on Output generated by the Services, or for any claims by third parties arising from your use or publication of Output.

Agentic Foundry’s total aggregate liability arising out of or related to these Terms or the Services shall not exceed the lesser of (a) the total amount paid by you to Agentic Foundry during the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100). For users who have not paid any fees, including users of free, beta, pilot or early access Services, total aggregate liability shall not exceed US $100.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, Agentic Foundry’s liability is limited to the greatest extent permitted by law.

11. Indemnification

You agree to defend and indemnify Agentic Foundry from any claims arising from: (a) your Input; (b) your publication of Output; (c) any automated actions taken by your agents that violate third-party rights; or (d) your violation of applicable advertising, marketing, privacy, anti-spam, intellectual property or consumer protection laws arising from your use of the Services or publication of Output.

12. Changes to the Services and Terms

We may modify or discontinue the Services, or update these Terms, at any time. If we make material changes to these Terms, we will update the “Last Updated” date at the top of this page. For significant changes, we may also provide additional notice, such as an email to newsletter subscribers or a prominent notice on the Services. Your continued use of the Services after the effective date of changes constitutes your acceptance of the updated Terms.

13. Governing Law and Dispute Resolution

These Terms, and any dispute arising out of or related to these Terms or the Services, are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

You and Agentic Foundry agree to submit to the exclusive jurisdiction of the state and federal courts located in New York County, New York for the resolution of any dispute arising out of or related to these Terms or the Services, and each party waives any objection to venue or inconvenient forum in those courts.

Before initiating any formal legal proceeding, the parties agree to attempt in good faith to resolve any dispute through informal negotiation by sending written notice to the other party describing the dispute and proposed resolution. If the dispute is not resolved within thirty (30) days of such notice, either party may proceed with formal legal action.

14. Miscellaneous

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Agentic Foundry regarding the Services and supersede all prior agreements, representations and understandings.

No Waiver: Our failure to enforce any provision of these Terms is not a waiver of our right to do so in the future.

Assignment: You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms without restriction as part of a corporate reorganization, merger, acquisition or sale of assets.

Force Majeure: Agentic Foundry shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemics, governmental actions, labor disputes, internet outages, cyberattacks, failures of third-party service providers, utility interruptions or disruptions affecting cloud, hosting, telecommunications or artificial intelligence infrastructure.

Electronic Communications: By using the Services, you consent to receive communications from Agentic Foundry electronically, including notices, disclosures, agreements, updates, invoices and other information relating to the Services. You agree that such electronic communications satisfy any legal requirement that communications be in writing.

Export Compliance: You represent that you are not located in, organized under the laws of or ordinarily resident in any jurisdiction subject to comprehensive trade sanctions, and that you are not identified on any applicable government restricted-party list. You agree not to use the Services in violation of applicable export control or sanctions laws.

Questions about these Terms? Contact us at info@agenticfoundry.ai or at the mailing address listed in Section 1.