Terms of Service

Status
Effective
Last updated

These Terms govern access to AgentMuxer, funding and spending credits, and using third-party marketplace capabilities.

Agreement and scope

These Terms are an agreement between Varmorphic, Inc. (Varmorphic, we, us, or our) and the individual or legal entity that accepts them (the Customer or you). Varmorphic operates AgentMuxer under the Amorphic Labs name. By creating an account or using the service, you represent that you are at least 18 years old and legally able to enter into these Terms. If you use AgentMuxer for an organization, you also represent that you are authorized to bind that organization.

Contract structure

If Varmorphic and a Customer enter into a separate written agreement for AgentMuxer, that agreement may supplement these Terms and will control to the extent it expressly conflicts with them. Provider terms and privacy notices govern only the Customer's relationship with that provider, not the Customer's relationship with Varmorphic.

The service

AgentMuxer lets customers and their agents discover and inspect provider capabilities, resolve an offering at a binding price, invoke it, and receive related cost, receipt, and outcome information. We may add, change, suspend, or discontinue features as the service evolves. Routine feature and operational changes do not require an amendment to these Terms unless they materially change the parties' legal rights or obligations. No service-level commitment applies unless Varmorphic agrees to one in writing. The service launches for United States customers only.

Accounts, agents, and authority

The Customer is responsible for its accounts, authorized users, connected agents, credentials, budgets, and activity under its control. The Customer must provide accurate account information, protect credentials, and promptly revoke access that is no longer authorized. Agents may act only within owner-granted identity, credential, data, and spending authority. Unless clearly authorized in advance, an agent must obtain fresh owner approval before sharing Customer Content, creating an external account, accepting new third-party terms, or receiving write access.

Customer Content and data rights

Customer Content means information submitted to, accessed through, or returned to the Customer through AgentMuxer, including marketplace searches, call inputs, provider responses, outcome reports, support communications, and provider submissions. The Customer retains its rights in Customer Content and grants Varmorphic a worldwide, non-exclusive license to host, copy, transmit, display, modify, and otherwise process it only as needed to provide, secure, support, and improve the service, comply with law, and fulfil the Customer's instructions. The Customer represents that it has the rights, notices, consents, and lawful bases needed for that processing.

Usage Data and de-identified data

Usage Data means information about use and operation of AgentMuxer, such as feature interactions, device and browser information, performance, policy decisions, prices, charges, receipts, and derived operational metrics. It may include information derived from Customer Content as needed to provide, secure, support, analyze, troubleshoot, and improve the service. Varmorphic may use Usage Data, product feedback, and reasonably de-identified data for analytics, benchmarking, research, experimentation, security, and service improvement, and will not attempt to reidentify de-identified data.

Providers and marketplace output

Tools on AgentMuxer are offered by independent providers, and each provider may have its own terms and privacy practices. Providers remain responsible for their interfaces, services, outputs, credentials, terms, privacy practices, and legal compliance. When a provider profile includes links to provider terms or privacy notices, the Customer should review them before authorizing a call. Provider output is third-party data and may be inaccurate, incomplete, unsafe, or unsuitable. The Customer must review output before relying on it. Marketplace availability, ranking, or verification is not an endorsement or guarantee.

Credits, fees, and refunds

Credits are closed-loop balances usable only for AgentMuxer services. Paid top-ups are purchased by card. Credit purchases and related fees are final and non-refundable except where applicable law requires otherwise.

Pricing and fulfilment

An offering's displayed price becomes binding when AgentMuxer resolves that exact version. A provider call is charged only when the provider returns a successful response under the published billability rule; failed calls are not charged, and an idempotent replay is not executed or charged again. The Customer is responsible for maintaining sufficient credits, paying applicable taxes, and reviewing the budgets granted to agents.

Acceptable use

The Customer and its users and agents must follow the Acceptable Use Policy and applicable provider terms. They must not violate law or another person's rights; access systems or data without authorization; evade access, budget, policy, or rate controls; distribute malware; conduct abusive automation; misrepresent unreviewed output as verified; or interfere with AgentMuxer or a provider. Unless Varmorphic approves it in writing, the Customer must not submit protected health information, complete payment-card data, government identification numbers, biometric identifiers or templates, personal data about children, or other data subject to special regulatory handling.

Provider submissions

A provider must be authorized to submit its endpoint, contact information, interface, pricing, data-handling statements, and ownership claims. It grants Varmorphic the rights needed to test, display, evaluate, and route calls to the submitted capability. Submission does not guarantee review, verification, listing, ranking, or continued availability. Varmorphic may reject, suspend, or remove records that are inaccurate, unsafe, unavailable, or noncompliant.

Third-party services

AgentMuxer relies on third parties that help operate, secure, analyze, support, and process payments for the service. The Customer's use of a marketplace capability remains subject to the applicable provider's terms. Varmorphic is not responsible for third-party services, changes to them, or data the Customer directs them to process, but remains responsible for Varmorphic's obligations under these Terms.

Confidentiality

Confidential Information means non-public information disclosed by one party that should reasonably be understood as confidential, including Customer Content, product plans, security information, and pricing. The recipient will use it only to perform under these Terms, protect it with reasonable care, and disclose it only to personnel and service providers who need it and are bound by confidentiality obligations. Confidential Information excludes information lawfully known without restriction, independently developed, rightfully received from another source, or made public without breach.

Varmorphic intellectual property and feedback

Varmorphic and its licensors own AgentMuxer and all related technology, documentation, designs, and improvements. Except for the limited rights expressly granted here, neither party transfers intellectual-property rights to the other. If the Customer provides suggestions or feedback, Varmorphic may use it without restriction or payment, but will not publicly identify the Customer as the source without permission.

Suspension and termination

The Customer may stop using the service at any time. Varmorphic may suspend or terminate access when reasonably necessary to prevent security harm, unlawful activity, material third-party risk, payment disputes, or policy violations, and may terminate these Terms if the Customer materially breaches them. Termination does not cancel amounts already owed. Varmorphic may delete Customer Content in the ordinary course after termination, subject to reasonable retrieval periods, backups, legal holds, and applicable law.

Privacy and security

The Privacy Policy describes how Varmorphic handles personal data. Varmorphic will maintain reasonable administrative, technical, and organizational safeguards appropriate to the nature of AgentMuxer. No security measure eliminates all risk. The Customer is responsible for securely configuring its accounts and agents, choosing what data to provide, and notifying founders@amorphiclabs.com of suspected unauthorized use.

Disclaimers

To the maximum extent permitted by law, AgentMuxer, marketplace records, provider capabilities, and all outputs are provided as is and as available. Varmorphic disclaims implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. Varmorphic does not warrant that the service will be uninterrupted, error-free, or secure, or that provider output will be accurate or suitable. These disclaimers do not affect warranties or consumer rights that cannot lawfully be excluded.

Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, goodwill, or data, arising from these Terms. Each party's total aggregate liability will not exceed the fees paid or payable by the Customer for AgentMuxer during the twelve months before the event giving rise to liability; if the Customer used only free services, the cap is one hundred US dollars. These limits do not apply to payment obligations, fraud, willful misconduct, or liability that cannot lawfully be limited.

Export and sanctions compliance

The Customer will not use or permit access to AgentMuxer in violation of United States export controls or sanctions and represents that it and its authorized users are not prohibited from receiving the service under applicable trade restrictions.

Governing law and general terms

Delaware law governs these Terms without regard to conflict-of-laws rules, and disputes must be brought in the state or federal courts located in Delaware, except that either party may seek urgent injunctive relief in a court with jurisdiction. Mandatory consumer-protection law and any venue rights that cannot lawfully be waived remain unaffected. These Terms do not create a partnership, agency, fiduciary, or employment relationship. Varmorphic is not liable for delay caused by events beyond its reasonable control. Varmorphic may assign these Terms in connection with a merger, financing, reorganization, or sale of the relevant business; the Customer may assign them only with Varmorphic's written consent. If a provision is unenforceable, it will be modified only as much as necessary and the remainder will stay effective. These Terms and incorporated documents are the entire agreement about AgentMuxer unless a signed agreement says otherwise.

Notices and changes

Notices to Varmorphic must be sent to founders@amorphiclabs.com. Varmorphic may send notices to the email associated with the Customer's account or through AgentMuxer. Varmorphic may update these Terms prospectively and will provide reasonable advance notice of material changes where required by law. The update date identifies the current version. Changes do not retroactively authorize a materially different use of previously collected Customer Content.