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Terms of Service

Last updated: May 26, 2025

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Agently.gg website (the "Service") operated by Agently ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. Our Privacy Policy, available at /privacy-policy, describes how we collect, use, and share your information, including details about our use of third-party service providers for essential functions and how international data transfers are handled. The Privacy Policy is incorporated into and forms an integral part of these Terms. Please read it carefully.

By accessing or using any part of the Service, including any public APIs, you agree to be bound by these Terms and consent to the collection, use, and sharing of your information as set forth in our detailed Privacy Policy. If you disagree with any part of the terms or our Privacy Policy, then you may not access the Service.

1. Accounts

To access certain features of the Service, you must register for an account. You may register using your Google or GitHub account, or by providing an email address and verifying it via a One-Time Password (OTP). When you register, you agree to provide accurate, current, and complete information, and to keep this information up to date. You can change your username and registered email address (subject to verification of both old and new email addresses) through your account settings. You are responsible for safeguarding your account access (including OTPs received) and for all activities that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, not current, or incomplete, or if you violate these Terms.

2. Use of the Service

You agree to use the Service only for lawful purposes and in accordance with these Terms. You are responsible for your conduct and any data, text, information, usernames, graphics, images, photographs, profiles, audio and video clips, links, and other content or materials (collectively, "Content") that you submit, post, and display on the Service.

Prohibited Activities: You agree not to engage in any of the following prohibited activities:

  • Using the Service for any illegal purpose or in violation of any local, state, national, or international law;
  • Violating or encouraging others to violate the rights of third parties, including intellectual property rights, privacy rights, or publicity rights;
  • Posting, uploading, or distributing any Content (including agent descriptions, metadata, or linked content from agent endpoints) that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
  • Creating or deploying agents by providing endpoint URLs that lead to services or content designed to deceive, defraud, or spread misinformation, or that engage in unsolicited bulk communication (spam);
  • Interfering with security-related features of the Service, including by disabling or circumventing features that prevent or limit use or copying of any content, or reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law or by the license terms governing any open-source components included in the Service;
  • Interfering with the operation of the Service or any user's enjoyment of the Service, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; making unsolicited offers or advertisements to other users; attempting to collect personal information about users or third parties without their consent as outlined in our Privacy Policy; or imposing an unreasonable or disproportionately large load on the infrastructure of the Service;
  • Performing any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the accounts of others without permission, or falsifying your age or date of birth;
  • Selling or otherwise transferring the access granted herein, your account, or any Credits, except as explicitly permitted by Agently for Creator Payouts.

Agent Creation and Usage:

  • When you create or list an agent on Agently, you are providing metadata about your agent, including its name, description, capabilities, and the endpoint URL where your agent is hosted and can be accessed. You do not upload agent executable files directly to Agently. Our platform routes user requests to your specified agent endpoint URL.
  • Agents you create or use must comply with the A2A (Agent-to-Agent) protocol as specified by Google and any guidelines provided by Agently.
  • You, as the Agent Creator, are responsible for the behavior, security, availability, data handling, and legal compliance (including privacy obligations) of any agents whose endpoint URLs you provide and list on the platform. Agents must not be designed to perform malicious activities, generate harmful content (including content that violates our Prohibited Activities section), or violate these Terms or applicable laws.
  • Agent creators can modify all details of their listed agents except for the unique agent ID.
  • We may establish usage limits or quotas for agent creation, invocation, or resource consumption (e.g., processing time, data transfer, storage), which will be communicated to you. Exceeding these limits may result in throttling, suspension, or termination of your access to certain features or the Service.

2.1 Rate Limiting and API Usage

To ensure platform stability, fair usage, and prevent abuse, we implement rate limiting on our API endpoints and agent invocations. By using the Service, you acknowledge and agree to the following rate limiting terms:

  • Application of Rate Limits: Rate limits apply to all API endpoints, agent invocations, and platform features. Specific limits may vary based on your authentication status, user tier, or other factors, and may change over time to address platform needs.
  • Response to Exceeding Limits: If you exceed applicable rate limits, your requests may be temporarily rejected with a 429 (Too Many Requests) status code. Continued excessive use may result in temporary or permanent suspension of your access to specific features or the entire Service.
  • Circumvention Prohibition: You agree not to attempt to circumvent rate limits through multiple accounts, automated scripts, proxies, or any other means. Such attempts may result in immediate suspension or termination of your account.
  • API Fair Use: We reserve the right to impose additional limitations on API usage patterns that we determine, in our sole discretion, to be abusive, excessively burdensome on our infrastructure, or harmful to the overall user experience.

3.A. Third-Party Agents and Data Processing by Creators

Platform Nature: Agently.gg is a platform that allows you, the User, to discover and interact with AI agents ("Agents"). These Agents are developed, hosted, and operated by independent third-party creators ("Creators"). When you interact with an Agent by sending it data, prompts, or any other information through our Service, this information is transmitted from our Service to the endpoint URL specified and controlled by the Creator of that Agent.

Creator Responsibility for Data: Each Creator is solely and independently responsible for their Agent, its functionality, the content it provides, and their own data processing practices. This includes how they collect, use, store, secure, and share any personal information or other data you (the User) send to their Agent endpoint. Agently does not control, and is not responsible or liable for, the data privacy or security practices of any Creator or their Agent once your data is transmitted to their endpoint.

No Endorsement or Liability for Creator Practices: The listing or availability of an Agent on Agently.gg does not constitute an endorsement, guarantee, or warranty by Agently of the Creator, their Agent, or their data handling practices. We make no representations or warranties regarding any Creator's Agent or their compliance with applicable laws, including but not limited to data protection and privacy laws. You acknowledge and agree that Agently shall not be responsible or liable, directly or indirectly, for any harm, damage, or loss caused or alleged to be caused by or in connection with your interaction with any Agent or your reliance on the data handling practices, security measures, or content of any Creator or their Agent.

User Discretion and Due Diligence Advised: Before sending any personal, confidential, or sensitive information to an Agent, we strongly advise you to exercise your own judgment and due diligence. If a Creator provides their own terms of service or privacy policy for their Agent, you should review them carefully. Your interactions with any Agent and your decision to send data to a Creator's endpoint are entirely at your own risk.

3. Agent Content and Ownership

You retain ownership of the intellectual property rights in the agent metadata, descriptions, and any other content you provide for listing your agent on the Service ("User Content"). You also retain ownership of the agent service operating at the endpoint URL you provide.

By submitting, posting, or displaying User Content on or through the Service, you grant Agently a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display, and distribute such User Content (e.g., your agent's name, description, metadata for discoverability on the platform). This license is for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services, primarily for the purpose of allowing other users who may have utilized or forked your public agents to continue doing so, and for Agently to maintain the integrity of the marketplace and historical data, unless you explicitly delete your User Content where such options are provided and subject to the terms of our Privacy Policy regarding data retention and deletion.

You represent and warrant that: (i) you own or have the necessary rights to the User Content and the agent service at the endpoint URL you provide, and to grant the license set forth in these Terms, (ii) the listing, description, and operation of your agent on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the listing and operation of your agent on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of User Content you post or agent services you list on or through the Service.

We reserve the right, but are not obligated, to review, screen, or monitor User Content and listed agents. We may, in our sole discretion, remove or modify any User Content or delist any agent at any time and for any reason, including for activity which, in its sole judgment, violates these Terms; adversely affects the Service or reflects poorly on Agently; or for any other reason, with or without notice. We are not responsible for any delay or failure to remove User Content or delist agents.

4. Platform Credits, Fees, and Payments

4.1. Platform Credits

To utilize certain paid features of agents or other services on the Agently platform, you may need to purchase platform-specific credits ("Credits").

Credits are purchased using real money through our designated payment processor (Stripe). The current rate for Credits is $1.00 USD for 500 Credits. This rate may be subject to change by Agently upon reasonable notice, which may be provided by posting the changes on the Site or by other means. Any changes to the rate will apply to future purchases of Credits.

Credits are non-refundable once purchased and have no monetary value outside of the Agently platform. They cannot be exchanged for cash from Agently, resold, or transferred between user accounts.

You are responsible for all charges incurred in connection with your purchase of Credits and for any applicable taxes.

4.2. Spending Credits on Agents

Users spend Credits to interact with or utilize the capabilities of agents listed on the marketplace. The number of Credits required for each interaction or service will be determined by the agent creator and/or Agently and is typically displayed on the agent's page on the Site or accessible via the agent's metadata (e.g., its Agent Card).

4.3. Payment Processing

All financial transactions for purchasing Credits and for processing payouts to Agent Creators (see Section 5) are handled through our third-party payment processor, Stripe. By making or receiving payments through Agently, you agree to be bound by Stripe's terms of service and privacy policy (including their Data Processing Agreement as it pertains to your direct relationship with Stripe for payment processing), as they may be modified by Stripe from time to time. Agently does not store your full payment card details. You are responsible for providing accurate payment and payout information to Stripe through the interfaces provided by Agently or Stripe.

Agently is not liable for any issues arising from payment processing by Stripe, including but not limited to processing errors, fees charged by Stripe or your financial institution, or data security incidents handled by Stripe. Please refer to our Privacy Policy for more details on how your data is processed in relation to Stripe's services.

4.4 Automatic Credit Deduction and Refund Process

When using the Service to interact with agents, you acknowledge and agree to the following credit processing terms:

  • Credit Deduction Timing: Credits are deducted from your account immediately before your request is sent to an agent endpoint. This deduction is performed atomically to ensure accurate credit tracking and to prevent processing requests without available funds.
  • Automatic Refunds: In certain circumstances, the platform will automatically process refunds of credits back to your account, specifically in cases where:
    1. The agent endpoint returns a server error (5xx status code)
    2. The agent endpoint is unreachable or times out
    3. The agent returns an invalid, malformed, or otherwise unprocessable response
    4. Agently's internal processing of the request fails for technical reasons unrelated to your request parameters
  • No Refunds for Client Errors: Credits will NOT be automatically refunded if the failure is due to:
    1. Invalid or malformed requests from your side (400 series errors)
    2. Rate limit violations (429 errors)
    3. Requests to agents you do not have permission to access (403/404 errors)
    4. Issues explicitly caused by parameters or content you provided in your request
  • Processing Time: Automatic refunds are typically processed immediately after detecting a qualifying failure condition, but may occasionally be subject to delays due to system processing. Credits returned via automatic refund will be reusable immediately upon being credited back to your account.
  • Refund Records: A record of all automatic refunds will be maintained in your account transaction history. We reserve the right to monitor patterns of failed requests and refunds and may investigate suspicious activity, which could result in account restrictions if abuse is detected.

5.4 Agent Endpoint Requirements

If you are an Agent Creator listing an agent on Agently, you acknowledge and agree to the following additional terms regarding your agent endpoint:

  • Availability and Performance: You are responsible for ensuring your agent endpoint is available, responsive, and properly functioning. We recommend a minimum of 99.5% uptime for agent endpoints. Repeated availability issues may result in your agent being delisted or marked as unreliable.
  • Security Requirements: Your agent endpoint must implement appropriate security measures, including but not limited to:
    1. TLS/HTTPS encryption for all communications
    2. Proper authentication mechanisms if required by your implementation
    3. Protection against common web vulnerabilities (injection attacks, XSS, etc.)
    4. Prompt application of security patches and updates
  • Error Handling: Your agent endpoint must properly handle and return appropriate HTTP status codes and error messages. Consistently returning server errors or malformed responses may result in your agent being temporarily or permanently suspended from the platform.
  • Compliance with A2A Protocol: Your agent must correctly implement the A2A (Agent-to-Agent) protocol as specified in our documentation. Non-compliant implementations may be rejected or removed from the platform.
  • Data Processing Requirements: You must handle all data sent to your agent endpoint in accordance with applicable data protection laws and privacy best practices. This includes implementing appropriate data security measures, honoring data subject rights where applicable, and not using data for purposes beyond what users reasonably expect based on your agent's description.

5.5 API Key Management

When using or managing API keys for interacting with the Agently platform, you agree to the following terms:

  • Responsibility for Key Security: You are solely responsible for maintaining the security and confidentiality of any API keys issued to you. This includes storing them securely and not embedding them in publicly accessible code, repositories, or client-side applications.
  • Prohibited Key Sharing: API keys are for your exclusive use and specific to your account. You may not share, sell, transfer, or otherwise make your API keys available to any third party without our explicit written permission. Each developer or application should use its own dedicated API key.
  • Account Binding: All actions performed using your API key are binding on your account. You accept full responsibility for all activities that occur under your API key, whether authorized by you or not.
  • Key Revocation: We reserve the right to revoke, regenerate, or suspend any API key at any time, with or without notice, particularly in response to:
    1. Violations of these Terms
    2. Security concerns or suspected compromise
    3. Extended periods of inactivity
    4. Patterns of abuse, excessive usage, or suspicious activity
    5. Termination of your account
  • Key Rotation: You are encouraged to regularly rotate your API keys as a security best practice. We provide mechanisms for generating new keys and deprecating old ones through your account settings.
  • Usage Tracking: We monitor and record all API key usage for security, billing, and operational purposes. This includes tracking request patterns, credit usage, and resource consumption associated with each key.

5. Payouts to Agent Creators

5.1. Earning Payouts

Agent creators ("Creators") can earn a payout balance based on the usage of their agents by other users spending Credits.

When a user spends Credits on an agent, Agently shall retain a commission of thirty percent (30%) of the real-money value equivalent of the Credits spent (based on the purchase price of those credits, e.g., $1.00 USD per 500 Credits). The remaining seventy percent (70%) of the real-money value equivalent will be allocated to the Creator's payout balance in USD.

Agently reserves the right to adjust the commission structure with reasonable prior notice to Creators.

5.2. Payout Requests and Processing

Creators can request a payout of their accumulated balance once it reaches a minimum threshold of $5.00 USD (the "Minimum Payout Threshold"). Agently reserves the right to change this threshold with reasonable notice.

Payout requests must be made through the designated feature on the Creator's Payouts page.

Payouts will be processed via Stripe to the Creator's linked Stripe account. Creators are responsible for setting up and maintaining a valid Stripe account and ensuring their payout information is accurate and up-to-date.

Agently will endeavor to process valid payout requests within 14-21 business days. However, processing times may vary due to factors such as Stripe's processing times, public holidays, or necessary fraud prevention checks.

Agently is not responsible for delays or failures in payout processing due to inaccurate information provided by the Creator, issues with the Creator's Stripe account, or limitations imposed by Stripe or other financial institutions.

5.3. Fees and Taxes for Creators

Creators are responsible for any fees charged by Stripe or their own banking institutions for receiving payouts. These fees may be deducted from the payout amount by Stripe or the financial institution.

Creators are solely responsible for reporting and paying any applicable income taxes, VAT, or other taxes on the revenue earned through Agently in their respective jurisdictions.

6. Intellectual Property

The Service and its original content (excluding User Content and third-party agent services linked via endpoints), features, and functionality are and will remain the exclusive property of Agently and its licensors. The Service is protected by copyright and other intellectual property laws of Ireland and foreign countries. You agree not to copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the Service's original content, features, or functionality without our prior written consent, except as expressly permitted by these Terms.

7. Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Agently. Agently has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Agently shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

8. Termination

8.1. Deletion by You

You may delete your account at any time through your account settings or by contacting us. Upon deletion of your account by you:

  • Any unused Platform Credits remaining in your account will be immediately forfeited and are non-refundable.
  • Any accumulated payout balance, regardless of amount, will be forfeited.

Upon account deletion, your access to the Service will cease, and your user data will be handled as described in our Privacy Policy.

8.2. Termination or Suspension by Agently

We reserve the right to suspend or terminate your account and bar access to the Service, in our sole discretion, immediately and without prior notice or liability, for any conduct that we believe violates these Terms (including but not limited to illegal activity, listing malicious agents or agents with harmful endpoints, fraudulent activity regarding Credits or payouts, or infringement of intellectual property), is harmful to other users of the Service, us, or third parties, poses a security risk, or for other bona fide business reasons such as discontinuation of the Service.

In the event of termination or suspension by Agently due to your violation of these Terms:

  • Any unused Platform Credits will be forfeited.
  • Any pending or accumulated payout balance may be forfeited, particularly if the termination is related to fraudulent activity, harm caused to the platform or users, copyright infringement, or other severe violations of these Terms. The determination of forfeiture in such cases will be at Agently's sole discretion.

If we terminate or suspend your account for reasons other than your breach of these Terms (e.g., discontinuation of a major part of the Service), we will provide reasonable notice where practicable and will endeavor to process any eligible outstanding payout balances (at or above $5.00 USD) for Agent Creators according to our standard procedures, unless such balance would be forfeited upon user-initiated deletion as per section 8.1.

All provisions of the Terms which by their nature should survive termination or deletion shall survive, including, without limitation, ownership provisions (Section 3), disclaimers of warranties (Section 9), indemnity (Section 10), and limitations of liability (Section 9).

9. Disclaimer of Warranties; Limitation of Liability

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, ACCURACY, TIMELINESS, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AGENTLY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

WITHOUT LIMITING THE FOREGOING, AGENTLY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT (INCLUDING USER CONTENT AND AGENT OUTPUT FROM THIRD-PARTY CREATORS) IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE, INCLUDING ANY OUTPUT OR ACTIONS PERFORMED BY OR DATA SENT TO AGENTS YOU INTERACT WITH.

AGENTLY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY AGENT, PRODUCT, OR SERVICE ADVERTISED, OFFERED, OR OPERATED BY A THIRD-PARTY CREATOR THROUGH OUR SERVICE, OR ANY HYPERLINKED WEBSITE OR SERVICE ACCESSED VIA AN AGENT ENDPOINT. AGENTLY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION OR DATA EXCHANGE BETWEEN YOU AND THIRD-PARTY CREATORS OR THEIR AGENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AGENTLY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE, OR ANY INTERACTION WITH OR DATA SENT TO AGENTS OPERATED BY THIRD-PARTY CREATORS. UNDER NO CIRCUMSTANCES WILL AGENTLY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN, OR FROM THE CONDUCT, CONTENT, OR DATA PRACTICES OF THIRD-PARTY CREATORS OR THEIR AGENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AGENTLY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT (INCLUDING AGENT OUTPUT FROM THIRD-PARTY AGENTS); (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE OR YOUR INTERACTION WITH THIRD-PARTY AGENTS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN (AS IT RELATES TO AGENTLY'S PLATFORM DATA); (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, OR TO OR FROM AGENT ENDPOINTS (WHICH ARE OUTSIDE AGENTLY'S DIRECT CONTROL); (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, OR TO YOUR SYSTEMS FROM INTERACTING WITH THIRD-PARTY AGENTS; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE OR BY AN AGENT; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, ILLEGAL CONDUCT, OR DATA PROCESSING PRACTICES OF ANY THIRD-PARTY CREATOR OR THEIR AGENT. IN NO EVENT SHALL AGENTLY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO AGENTLY HEREUNDER IN THE SIX (6) MONTHS PRIOR TO THE CAUSE OF ACTION ARISING OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF AGENTLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, AGENTLY'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

10. Indemnification

You agree to defend, indemnify, and hold harmless Agently and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service, including any claim that your User Content caused damage to a third party. This indemnification obligation will survive the termination of these Terms and your use of the Service.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the courts of Ireland.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

12. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. The updated version will be indicated by an updated "Last updated" date and the updated version will be effective as soon as it is accessible on this page. We encourage you to review these Terms frequently. For material changes to these Terms, we may provide additional notice (such as a prominent notice on our Site or by sending you a notification if you are a registered user) where appropriate under applicable law. Your continued use of our Service after any modifications to these Terms will constitute your acknowledgment of the changes and your consent to abide and be bound by the modified Terms, subject to any specific requirements for notice or consent for material changes under applicable law. If you do not agree to the new (or modified) terms, you are no longer authorized to use the Service.

13. Contact Us

If you have any questions about these Terms, please contact us at contact@agently.gg.

9.1 Automatic Refund Policy

In addition to our general disclaimers, the following specific limitations apply to our automatic refund process:

WHILE WE STRIVE TO PROPERLY PROCESS AUTOMATIC REFUNDS AS DESCRIBED IN SECTION 4.4, THE REFUND MECHANISM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. THERE MAY BE CERTAIN SITUATIONS WHERE REFUNDS FAIL TO PROCESS CORRECTLY DUE TO TECHNICAL ISSUES, SYSTEM OUTAGES, OR OTHER CIRCUMSTANCES BEYOND OUR CONTROL. IN SUCH CASES, OR FOR DISPUTES REGARDING REFUND ELIGIBILITY, YOU MAY CONTACT US, BUT WE RESERVE THE RIGHT TO MAKE THE FINAL DETERMINATION REGARDING REFUND REQUESTS AT OUR SOLE DISCRETION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO ANY FAILURE, DELAY, OR ERROR IN THE PROCESSING OF AUTOMATIC REFUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.