Terms of Service

1. Acceptance of Terms

By accessing or using The Agentic Who platform (“the Service”), operated by The Agentic Who (“we”, “us”, “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you and The Agentic Who. We reserve the right to update these Terms at any time. Continued use of the Service after changes constitutes acceptance of the revised Terms.

2. Description of Service

The Agentic Who provides AI-powered helper services organised into packs covering Marketing, Finance, Operations, and Brand functions. Each pack contains specialised AI helpers that operate within Anthropic's Claude platform via the Model Context Protocol (MCP).

The Service also offers custom helper builds, including Custom Business Knowledge Base Helpers and Custom Automation Helpers, which are tailored to your specific business requirements.

Our helpers are powered by third-party artificial intelligence technology provided by Anthropic (Claude). We do not develop or control the underlying AI models. The Service acts as a configuration and management layer on top of these third-party AI capabilities.

3. Important Disclaimer — AI Output

The Agentic Who is a support tool, not a replacement for professional judgement. All output generated by our AI helpers — including but not limited to text, strategies, financial analysis, marketing copy, legal references, compliance guidance, HR advice, and business recommendations — is provided for informational and assistance purposes only.

All AI-generated output must be reviewed, validated, and approved by a qualified human before being relied upon, published, submitted, or acted upon. You are solely responsible for verifying the accuracy, completeness, appropriateness, and legal compliance of any output before use.

Our AI helpers are not licensed professionals. They do not provide and should not be treated as providing:

• Legal advice or legal opinions
• Financial advice, tax advice, or investment recommendations
• Medical or health advice
• Accounting advice or auditing services
• Professional compliance certification
• Any other form of licensed professional service

AI systems can produce inaccurate, incomplete, outdated, or misleading information. They may “hallucinate” — generating plausible-sounding but factually incorrect content. They may not reflect current laws, regulations, or industry standards.

You acknowledge and agree that you will not hold The Agentic Who responsible for any decisions made, actions taken, or consequences arising from reliance on AI-generated output without independent human verification.

4. Account Registration

You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You must be at least 18 years of age to create an account and use the Service.

You agree to notify us immediately of any unauthorised use of your account or any other breach of security. We will not be liable for any loss arising from your failure to protect your account credentials.

5. Subscription, Billing & Refunds

Subscriptions: Pack subscriptions are billed monthly at the prices displayed at the time of purchase. The Professional Bundle (all four packs) is billed at the bundled rate displayed at checkout.

Custom Helpers: Custom helper builds require a one-time setup fee and an ongoing monthly subscription. Setup fees are non-refundable once work has commenced. Final pricing is determined during the scoping session and may vary based on complexity.

Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. You will retain access to your helpers until the end of the period you have already paid for.

Refunds: Monthly subscription fees are generally non-refundable. If you are unsatisfied with the Service within the first 14 days of your initial subscription, you may request a full refund by contacting us. After 14 days, refunds are provided on a case-by-case basis at our discretion.

Price Changes: We reserve the right to change our pricing. You will be notified at least 30 days before any price change takes effect. Continued use of the Service after a price change constitutes acceptance of the new pricing.

6. Your Data & Privacy

Your use of the Service involves sharing business information with our AI helpers. This data is processed through Anthropic's Claude platform, which is subject to Anthropic's own privacy and data handling policies.

You are responsible for ensuring that any data you share with our helpers does not violate any applicable privacy laws, confidentiality obligations, or third-party rights. Do not share sensitive personal information (such as medical records, financial account numbers, or government identifiers) with our AI helpers unless you have the legal authority to do so.

Our full data practices are described in our Privacy Policy, which forms part of these Terms.

7. Acceptable Use

You agree to use the Service only for lawful business purposes. You may not use our AI helpers to:

• Generate content that is defamatory, fraudulent, deceptive, or misleading
• Create spam, phishing materials, or unsolicited commercial communications
• Produce content that infringes on intellectual property rights of third parties
• Generate content that is illegal, harmful, threatening, abusive, or discriminatory
• Attempt to circumvent AI safety measures or content filters
• Impersonate any person or entity, or misrepresent your affiliation
• Use the Service in any way that could damage, disable, or impair the platform
• Reverse-engineer, decompile, or attempt to extract the source code or prompts of our helpers
• Resell, redistribute, or sublicence access to the Service without our written consent
• Use AI-generated output in a manner that represents it as human-created professional advice where professional licensing is required

We reserve the right to suspend or terminate your account for violations of these usage terms, without refund.

8. Intellectual Property

Your Content: Content generated by our AI helpers in response to your inputs is provided for your use. You may use, modify, and publish this content for your business purposes, subject to the disclaimers in Section 3.

Important: AI-generated content may not be eligible for copyright protection in all jurisdictions. You should seek independent legal advice regarding the intellectual property status of AI-generated content in your jurisdiction.

Our Platform: The Agentic Who platform — including its design, branding, code, helper configurations, prompts, knowledge bases, and documentation — remains our intellectual property and may not be copied, reproduced, or distributed without our written consent.

Third-Party IP: AI-generated content may inadvertently reproduce or closely resemble existing copyrighted material. You are responsible for ensuring that any content you publish does not infringe on third-party intellectual property rights.

9. Limitation of Liability

To the maximum extent permitted by law, The Agentic Who, its directors, employees, and affiliates shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, revenue, data, business opportunities, or goodwill
• Any damages arising from reliance on AI-generated output
• Any damages resulting from errors, inaccuracies, or omissions in AI-generated content
• Any damages arising from unauthorised access to or alteration of your data
• Any damages arising from interruption or cessation of the Service
• Any damages arising from third-party services (including Anthropic/Claude) used in delivering the Service

Our total aggregate liability for any claims arising from or related to the Service shall not exceed the total amount you have paid to us in the twelve (12) months preceding the claim.

The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

10. Indemnification

You agree to indemnify, defend, and hold harmless The Agentic Who, its directors, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or relating to: (a) your use of the Service; (b) your reliance on AI-generated output; (c) content you create, publish, or distribute using the Service; (d) your violation of these Terms; or (e) your violation of any applicable law or regulation.

11. Third-Party Services

The Service relies on third-party platforms and services, including but not limited to:

• Anthropic (Claude) — AI model provider. Subject to Anthropic's terms of service and acceptable use policies.
• Stripe — Payment processing. Subject to Stripe's terms and privacy policy.
• Google — Calendar integration and authentication services.

We are not responsible for the availability, performance, or policies of third-party services. Changes to third-party services (including model capabilities, pricing, or availability) may affect the Service without prior notice.

If Anthropic discontinues or materially changes the Claude platform, we will make reasonable efforts to transition to an alternative solution but cannot guarantee uninterrupted service.

12. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time. We will provide reasonable notice where practicable.

13. Termination

We may terminate or suspend your access to the Service at any time, with or without cause, with or without notice. Grounds for termination include, but are not limited to, violations of these Terms, fraudulent activity, or non-payment.

Upon termination, your right to use the Service ceases immediately. Sections 3, 8, 9, 10, and 14 survive termination.

14. Governing Law & Disputes

These Terms are governed by and construed in accordance with the laws of Western Australia, Australia. Subject to the jurisdiction-specific provisions below, any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Western Australia.

Australia: Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) that cannot be excluded, restricted, or modified by agreement.

Canada: If you are a resident of Canada, nothing in these Terms excludes or limits any rights you may have under the Personal Information Protection and Electronic Documents Act (PIPEDA), Canada's Anti-Spam Legislation (CASL), or applicable provincial consumer protection legislation.

European Union / Spain: If you are a resident of the EEA or the UK, you retain all rights under the General Data Protection Regulation (GDPR) and applicable local consumer protection laws. You may bring proceedings in the courts of your country of residence. For users in Spain, the applicable consumer protection legislation (Ley General para la Defensa de los Consumidores y Usuarios) applies.

Venezuela: If you are a resident of Venezuela, nothing in these Terms excludes or limits any rights you may have under applicable Venezuelan consumer protection and data protection legislation, including the Ley de Protección al Consumidor y al Usuario.

15. Contact

For questions about these Terms, contact us at hello@theagenticwho.ai.