Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and FixedCostAgents.com, LLC, doing business as FixedCostAgents (“Company,” “we,” “us,” or “our”) governing your access to and use of the FixedCostAgents platform, including all associated services, applications, APIs, and documentation (collectively, the “Service”).

By creating an account, subscribing to a plan, or otherwise accessing the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Acceptable Use Policy, each of which is incorporated by reference. If you are located in the European Economic Area (EEA), the United Kingdom, or process personal data of individuals in those jurisdictions, our Data Processing Agreement (DPA) also applies and is incorporated by reference. A copy of the DPA is available upon request at privacy@fixedcostagents.com. If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

FixedCostAgents is a managed hosting platform for the open-source OpenClaw autonomous AI agent runtime. The Service provides containerized, security-isolated environments for running AI assistants that connect to messaging platforms, productivity tools, and AI model providers. Key platform capabilities include:

• Managed container hosting on AWS infrastructure (us-east-1) with hardened container isolation
• AI inference powered by enterprise-grade models, included in all tiers at no additional per-token cost. Inference requests are processed by our trusted infrastructure partners. Pro tier customers may add Dedicated Inference for fully on-premises processing where data never leaves their isolated environment
• Multi-channel messaging integration (Telegram, WhatsApp, Slack, Discord, Microsoft Teams, and others depending on tier)
• BYOK (Bring Your Own Key) support for commercial LLM providers (Premium and Pro tiers)
• Built-in assistant task memory, scheduled execution, webhook ingress, and curated integrations
• Customer portal for account management, assistant configuration, secrets management, and billing

The Service is provided on an “as available” basis subject to the uptime commitments described in Section 9.

The Service is offered in three tiers:

All tiers are billed at a fixed monthly rate. There is no per-token, per-API-call, or per-usage metered billing. Customers who exceed their tier's rate limits experience graceful degradation (increased latency via queuing), not hard blocking or overage charges. Current pricing is published on our Pricing page.

Price lock guarantee: The monthly price you pay at the time you subscribe is the price you keep for as long as your subscription remains in continuous good standing. We will never increase your rate while you are an active, paying customer. “Continuous good standing” means your subscription has not lapsed due to payment failure, voluntary cancellation, or account termination for cause. If your subscription lapses for any reason and you later re-subscribe, the then-current published pricing applies.

New pricing for new customers: We reserve the right to change the prices published on our Pricing page at any time. Such changes apply only to new subscriptions and to customers who re-subscribe after a lapse. Price changes take effect immediately upon publication and do not require advance notice.

Add-ons and tier changes: If you upgrade your tier, add assistants, or purchase add-ons, the new components are priced at the then-current published rate. Your existing base subscription price remains locked. If you downgrade and later upgrade again, the upgrade is priced at the then-current rate.

Infrastructure cost exception: If the cost of our underlying infrastructure — defined as cloud computing services (AWS), network bandwidth, and third-party AI inference services (collectively, “Infrastructure Costs”) — increases by more than 25% relative to the Infrastructure Costs in effect at the time of your subscription, we may adjust your locked price. Any such adjustment shall be proportional to the increase in Infrastructure Costs as a share of the total cost of providing your tier, and in no event shall the adjusted price exceed 125% of your original locked price. In that event, we will provide at least 30 days' written notice before your next billing date that includes: (a) a clear explanation of which Infrastructure Costs increased and by how much; (b) the calculation showing how the increase translates to your adjusted price; and (c) the option to cancel your subscription without penalty before the new price takes effect. This is the only circumstance under which your locked price may change.

To use the Service, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

Each account (“Account”) is a billing entity associated with a single Stripe subscription. Pro tier Accounts may invite additional portal users with role-based access control (admin, member, or viewer roles). Standard and Premium Accounts are limited to a single admin user.

You must be at least 18 years of age to create an account. By creating an account, you represent that you meet this age requirement.

You agree to promptly notify us of any unauthorized use of your account or any other breach of security at support@fixedcostagents.com.

Premium and Pro tier customers may supply their own API keys for commercial LLM providers (such as Anthropic, OpenAI, Google Gemini, xAI, Mistral, Groq, Cohere, and others) and messaging platform credentials (such as WhatsApp API keys, Telegram bot tokens, Slack app tokens, and similar).

All customer-supplied credentials are encrypted at rest and injected into your container at runtime. Credentials are never stored in plaintext, never included in environment variables visible to logging systems, and are rotatable through the customer portal at any time.

You are solely responsible for: (a) the validity and security of your BYOK credentials; (b) any charges incurred with third-party providers through use of your credentials; (c) compliance with the terms of service of each third-party provider; and (d) revoking compromised credentials promptly. FixedCostAgents acts as a pass-through for BYOK API calls and bears no cost or liability for third-party API usage. We make no warranties or representations regarding the availability, accuracy, or performance of any third-party service accessed through your BYOK credentials.

Your use of the Service is subject to our Acceptable Use Policy (AUP), which is incorporated into these Terms by reference. The AUP describes prohibited uses, content restrictions, security requirements, and our graduated enforcement process.

Violation of the AUP may result in graduated enforcement actions up to and including account termination. We reserve the right to suspend or terminate any account that we reasonably believe is in violation of the AUP, with or without prior notice depending on the severity of the violation.

You own all of your data. All conversation logs, assistant configurations, knowledge base content, automation workflows, and other data you create or store through the Service (“Customer Data”) remain your sole property. We claim no ownership rights in your Customer Data.

You may export your Customer Data at any time through the self-service export feature in the customer portal. Exports are delivered in JSON/ZIP format and include conversations, configurations, skill settings, and secrets metadata (not the secret values themselves, which must be re-entered in any new environment).

We access your Customer Data only as necessary to provide and maintain the Service, as described in our Privacy Policy. We do not use Customer Data to train AI models, sell to third parties, or for any purpose other than operating the Service on your behalf.

The open-source OpenClaw runtime means you are never locked into our platform. You can export your configuration and run it in any compatible OpenClaw environment.

The FixedCostAgents platform, including but not limited to the customer portal, provisioning systems, infrastructure configurations, security controls, documentation, and branding, are the property of FixedCostAgents and are protected by applicable intellectual property laws.

The OpenClaw runtime is open-source software licensed under the MIT License. The platform may include additional open-source components governed by their respective licenses. Nothing in these Terms restricts your rights under those licenses. A list of third-party components and their licenses is available upon request.

You retain all intellectual property rights in your Customer Data, custom assistant configurations, and any outputs generated by your assistants. We do not claim any intellectual property rights in content generated through the Service using your assistants or credentials.

We commit to the following monthly uptime targets, measured as the percentage of time the Service is available for your use during each calendar month:

Service credits: If we fail to meet the applicable uptime commitment in any calendar month, you may request a service credit. Credits are calculated at 10% of your monthly subscription fee for each full 0.1% of downtime below the SLA target, up to a maximum credit of 30% of your monthly subscription fee. Credit requests must be submitted within 30 days of the affected month. Credits are applied to future invoices and are not redeemable for cash.

Exclusions: The following are excluded from uptime calculations: (a) scheduled maintenance windows (announced with at least 72 hours' notice); (b) emergency maintenance required for security or data integrity; (c) downtime caused by factors outside our reasonable control (force majeure, internet outages, AWS regional failures); (d) suspension of your account due to payment failure or AUP violation; (e) issues caused by your BYOK credentials or third-party service failures.

Platform status is available at status.fixedcostagents.com.

Automatic renewal: All subscriptions automatically renew at the beginning of each monthly billing cycle at the then-current rate for your tier, unless you cancel before the renewal date. By subscribing, you authorize us to charge your payment method on file for each renewal period until you cancel. You may cancel at any time through the customer portal or by emailing support@fixedcostagents.com.

Prepaid monthly billing: All subscriptions are billed one month in advance via Stripe.

Payment methods: We accept major credit cards and other payment methods supported by Stripe. All payment information is collected, stored, and processed exclusively by Stripe — FixedCostAgents does not store, access, or retain your credit card numbers, bank account details, or other payment credentials at any time. You are responsible for keeping your payment information current through the Stripe-managed billing portal.

Payment failure: If a payment fails, Stripe will automatically retry on days 1, 3, 5, and 7 following the failure. If all retries fail, your account will be suspended (containers stopped, webhook endpoints return 503, portal access limited to billing). A 30-day grace period begins during which your configuration is preserved but no compute resources are running. Successful payment during the grace period triggers automatic reactivation (approximately 2–5 minutes for warm-up). If no payment is received within 30 days, the account is deleted in accordance with our data retention policy.

You will receive email notifications at each stage: initial failure, pre-suspension, suspension, pre-deletion (7 days before), and deletion confirmation.

Taxes: Prices are exclusive of applicable taxes. Where required by law, applicable sales taxes, value-added tax (VAT), or other indirect taxes will be added to your invoice and collected by us or our payment processor. In jurisdictions where we are not required to collect tax, you are responsible for determining and remitting any applicable taxes.

You may cancel your subscription at any time through the customer portal or by contacting support@fixedcostagents.com. Cancellation takes effect at the end of the current paid billing period. Your assistants continue to operate until that date.

No prorated refunds: We do not offer prorated refunds for partial months. The Service remains available through the end of the paid period.

Data after cancellation: Upon cancellation, you have until the end of your paid period to export your data via the self-service portal. After the paid period ends, a 30-day data retention window begins during which your data is preserved but your assistants are not running. After 30 days, all Customer Data is deleted in accordance with our data retention procedures, including cryptographic key destruction for Pro tier accounts. See our Privacy Policy for details.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

WE DO NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY OUTPUT GENERATED BY AI ASSISTANTS OPERATING ON THE PLATFORM. AI MODELS MAY PRODUCE INACCURATE, INCOMPLETE, OR MISLEADING OUTPUTS (“HALLUCINATIONS”). YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND VERIFYING ANY OUTPUT BEFORE RELYING ON IT OR SHARING IT WITH THIRD PARTIES.

WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE AVAILABILITY, ACCURACY, OR PERFORMANCE OF ANY THIRD-PARTY SERVICE ACCESSED THROUGH THE PLATFORM, INCLUDING LLM PROVIDERS, MESSAGING PLATFORMS, AND PRODUCTIVITY INTEGRATIONS CONNECTED VIA YOUR BYOK CREDENTIALS.

Some jurisdictions do not allow the exclusion of certain implied warranties. In such jurisdictions, the above exclusions apply to the fullest extent permitted by applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIXEDCOSTAGENTS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (C) ANY THIRD-PARTY CONDUCT ON THE SERVICE; (D) ACTIONS TAKEN OR NOT TAKEN BY YOUR AI ASSISTANTS; (E) ANY INACCURACY, ERROR, OR OMISSION IN ANY AI-GENERATED OUTPUT; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Exceptions: Nothing in this Section limits liability for: (a) fraud or intentional misconduct by either party; (b) death or personal injury caused by negligence; (c) either party's indemnification obligations under Section 14; or (d) any liability that cannot be excluded or limited under applicable law, including California Civil Code § 1668.

AI assistant disclaimer: AI assistants operate autonomously based on their configuration and the instructions they receive. AI models may produce outputs that are inaccurate, incomplete, inappropriate, or that inadvertently infringe third-party intellectual property rights. FixedCostAgents provides the hosting infrastructure but does not control or endorse the actions, outputs, or decisions made by your assistants. You are solely responsible for the configuration, supervision, and outputs of your assistants, including reviewing AI-generated content before relying on it or sharing it with others.

No agency relationship with third parties: FixedCostAgents is a hosting platform. Your AI assistants do not act as agents (in the legal sense) of FixedCostAgents.com, LLC. We do not control, direct, or endorse any actions taken by AI assistants configured by our customers. No third party may claim reliance on any assistant output as having been produced, endorsed, or verified by FixedCostAgents. Any communication generated by your assistant is your communication, not ours.

AI disclosure obligation: You acknowledge that applicable laws may require disclosure that communications are AI-generated (including but not limited to the EU AI Act Article 50 and emerging U.S. state AI transparency laws). You are solely responsible for ensuring that your assistants' communications comply with all applicable AI disclosure and transparency requirements in your jurisdiction, including clearly identifying AI-generated content where required by law.

Sensitive data acknowledgment: You acknowledge that your assistants may process sensitive information (including but not limited to health information, financial data, or other categories of data subject to specific legal protections) in the course of normal use. You are solely responsible for ensuring that any such processing complies with applicable law, including obtaining any necessary consents and complying with sector-specific regulations. The Service is not designed or certified for processing data subject to HIPAA, PCI DSS, or other industry-specific data protection frameworks unless a separate compliance agreement is in place.

Your indemnification of us: You agree to indemnify, defend, and hold harmless FixedCostAgents and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Service; (b) your violation of these Terms or any applicable law; (c) your violation of any rights of a third party; (d) any content transmitted through your assistants; (e) your BYOK credentials or third-party service integrations; or (f) any actions taken by your AI assistants.

Our indemnification of you: FixedCostAgents will indemnify, defend, and hold harmless you from and against any third-party claims alleging that the platform itself (excluding Customer Data, BYOK credentials, third-party integrations, open-source components, and AI-generated outputs) infringes a valid United States patent, copyright, or trademark of that third party, provided such claim does not arise from your modification or misuse of the platform. Our aggregate liability under this indemnification shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

Indemnification procedures: The indemnified party must: (a) provide prompt written notice of the claim (failure to provide prompt notice reduces the indemnifying party's obligation only to the extent it is materially prejudiced); (b) grant the indemnifying party sole control of the defense and settlement of the claim; and (c) provide reasonable cooperation at the indemnifying party's expense. The indemnifying party may not settle any claim in a manner that imposes obligations on the indemnified party without that party's prior written consent.

The Service may be subject to United States export control and sanctions laws, including the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce and sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury. You represent and warrant that:

• You are not located in, organized under the laws of, or a resident of any country or territory subject to comprehensive U.S. sanctions (currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine)
• You are not identified on any U.S. government restricted party list, including the Specially Designated Nationals and Blocked Persons List (SDN List), the Entity List, or the Denied Persons List
• You will not use the Service in violation of any applicable export control or sanctions law
• You will not provide access to the Service to any person or entity subject to the restrictions described above

We may update these Terms from time to time. We will notify you of material changes by email (to the address associated with your account) and by posting a prominent notice on the customer portal at least 30 days before the changes take effect.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you may cancel your subscription before the changes take effect.

Customers may not resell the Service or allow multiple users on single-user plans (Standard, Premium) without the express written consent of FixedCostAgents and a separate reseller agreement. Unauthorized resale or shared access constitutes a material breach of these Terms.

Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Informal Dispute Resolution. Before initiating any formal dispute resolution proceeding, the complaining party must send a written notice describing the dispute to the other party (by email for notices to us; by email to the address on your account for notices to you). Both parties agree to attempt in good faith to resolve the dispute informally within thirty (30) days of receipt of such notice. If the dispute is not resolved within that period, either party may proceed to mediation as described below.

Mediation. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall first be submitted to mediation administered by the American Arbitration Association (AAA) under its Commercial Mediation Procedures. The parties shall endeavor in good faith to resolve the dispute through mediation before resorting to arbitration.

Binding Arbitration. If mediation is unsuccessful, the controversy or claim shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be San Diego, California. The number of arbitrators shall be one, unless the parties agree otherwise.

Arbitration fees. For disputes where the amount in controversy is less than $25,000, FixedCostAgents will pay all AAA filing, administrative, and arbitrator fees exceeding the amount you would pay to file a complaint in the California Superior Court, County of San Diego. For disputes of $25,000 or more, fees are allocated in accordance with AAA Commercial Arbitration Rules.

Small claims court. Notwithstanding the above, either party may bring an individual action in the small claims court of San Diego County, California, for disputes within that court's jurisdictional limits.

Class action and jury trial waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND FIXEDCOSTAGENTS EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Public injunctive relief. Nothing in this arbitration agreement prevents either party from seeking public injunctive relief in a court of competent jurisdiction as permitted under California law, including under McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017).

Government and regulatory proceedings. Nothing in this arbitration agreement prevents you from filing a complaint with or participating in any proceeding before the California Attorney General, the Federal Trade Commission, any other federal or state regulatory agency, or any state consumer protection authority. This arbitration agreement does not apply to claims brought by government entities or regulators acting in their official capacity.

Opt-out right. You may opt out of this arbitration agreement by sending written notice to support@fixedcostagents.com with the subject line “Arbitration Opt-Out” within 30 days of creating your account. Your opt-out notice must include your name, account email, and a clear statement that you wish to opt out. If you opt out, all disputes will be resolved in the state or federal courts located in San Diego County, California, and you consent to the personal jurisdiction of those courts.

Consent and Enforceability. By creating an account and using the Service, you agree to this arbitration agreement. This agreement to arbitrate is enforceable under the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and applicable California law.

Entire Agreement: These Terms, together with the Privacy Policy, Acceptable Use Policy, and any applicable Data Processing Agreement, constitute the entire agreement between you and FixedCostAgents regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

Severability: If any provision of these Terms is held to be unenforceable, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent.

Waiver: Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other provision.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, or sale of substantially all of our assets, provided the assignee agrees to be bound by these Terms.

Limitation Period: Any claim arising under or in connection with these Terms must be brought within one (1) year after the cause of action arises, regardless of when the claimant knew or should have known of the facts giving rise to the claim. Claims not brought within this period are permanently barred. This limitation applies to the fullest extent permitted by applicable law.

Force Majeure: Neither party shall be liable for failure to perform obligations due to causes beyond its reasonable control, including natural disasters, war, terrorism, government actions (including embargoes and sanctions), pandemic, labor disputes, failure of third-party infrastructure providers, changes to or discontinuation of third-party AI model services, regulatory actions specifically targeting AI systems, or upstream model safety modifications that materially alter assistant behavior.

Survival: Sections 5 (BYOK), 7 (Data Ownership), 8 (Intellectual Property), 12 (Disclaimer of Warranties), 13 (Limitation of Liability), 14 (Indemnification), 15 (Export Controls), 18 (Governing Law and Dispute Resolution), and this Section 19 shall survive any expiration or termination of these Terms.

Notices: Legal notices to FixedCostAgents must be sent to support@fixedcostagents.com and to the mailing address listed in Section 20. Legal notices to you will be sent to the email address associated with your account. Notices are deemed received upon delivery (email) or five (5) business days after mailing (postal mail).

Relationship of Parties: The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, franchise, or agency relationship between you and FixedCostAgents.

Third-Party Beneficiaries: These Terms do not confer any rights or remedies upon any person or entity other than the parties to these Terms.

If you have questions about these Terms, please contact us: