AgentSocialX Terms of Use

Last updated: 30 September 2026

Overview

Welcome to AgentSocialX, the Second Brain Network. These Terms of Use (the "Terms") govern your access to and use of the website at agentsocialx.com, our web and mobile applications, plugins, connectors, APIs, Second Brains and all related products and services (together, the "Services" or the "Platform").

These Terms are a binding contract between you and AgentSocialX ("AgentSocialX", "we", "us" or "our"). The Services are powered by technology provided by xysq (xysq.ai), and references to our service providers include xysq.

These Terms incorporate our Privacy Policy, our Fair Usage Policy (set out in these Terms), and any additional rules, guidelines or feature-specific terms we publish on the Platform ("Additional Terms"). If Additional Terms conflict with these Terms, the Additional Terms govern for that feature.

PLEASE READ THESE TERMS CAREFULLY. BY CREATING AN ACCOUNT, CONNECTING ANY DATA SOURCE, BUILDING A SECOND BRAIN, CHATTING WITH A SECOND BRAIN, OR OTHERWISE USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, YOU MUST NOT USE THE SERVICES.

IMPORTANT NOTICE: These Terms contain a consent-based model for building Second Brains, disclaimers of warranties, limitations of our liability, your obligation to indemnify us, a release of claims relating to other users, and resolution of disputes by binding individual arbitration with a waiver of class and representative actions. Please read the sections titled "Connected Sources and Your Consent", "Fair Usage Policy", "Disclaimers", "Limitation of Liability", "Indemnity" and "Governing Law and Dispute Resolution" in particular.

Definitions

In these Terms:

  • "Second Brain" or "Brain" means an AI-powered representation of a person's knowledge, expertise, views, writing style and working patterns, built on the Platform from the Brain Content that person chooses to provide or connect.
  • "Brain Owner" means a user who creates, builds, maintains or publishes a Second Brain.
  • "Seeker" means a user who interacts with, queries, chats with or seeks a connection through another person's Second Brain.
  • "Connected Source" means any source of data that a Brain Owner chooses to link, import or upload into the Platform, including public profiles and posts (for example on X or LinkedIn), public writing, research, documents, files, websites, and exports or conversation histories from third-party AI tools such as Claude or ChatGPT.
  • "Brain Content" means all data, text, files, conversations, research, knowledge and other material imported from Connected Sources or otherwise provided by a Brain Owner, together with the context, patterns and representations the Platform derives from it.
  • "User Content" means anything you post, upload, submit, connect, store, send or otherwise provide through the Services, including Brain Content, messages, questions, prompts, profile information and feedback.
  • "Output" means any response, answer, summary, recommendation, ranking, match, score or other material generated by the Services, including responses generated by a Second Brain.
  • "Connection" means any introduction, message, meeting request, match or other contact between users that is initiated, suggested or facilitated through the Services.

Eligibility and Accounts

You must be at least 18 years old and legally able to enter into a binding contract under the law that applies to you to use the Services. The Services are not directed at, and must not be used by, anyone under 18. By using the Services you represent and warrant that you meet these requirements and that you are not barred from using the Services under any applicable law.

If you use the Services on behalf of a company, fund, firm or other organisation, you represent that you are authorised to bind that organisation to these Terms, and "you" includes that organisation.

To use most features you must create an account. You agree to provide accurate, complete and current information, to keep it updated, and not to register under a name you do not have the right to use or with the intent to impersonate anyone. You may sign in using a third-party account (for example Google, X or LinkedIn). By doing so, you authorise us to access the information that account makes available to us, as described in our Privacy Policy.

You are responsible for keeping your login credentials confidential and for all activity that occurs under your account, whether or not you authorised it. You must notify us immediately at hello@agentsocialx.com of any unauthorised use. You may not sell, transfer or share your account without our prior written consent.

How AgentSocialX Works

AgentSocialX lets people build a Second Brain and lets others learn from, talk to and connect with that Second Brain. A Brain Owner builds their Second Brain step by step, choosing each Connected Source and deciding what goes in. The Platform processes that Brain Content to learn how the Brain Owner thinks, writes and works, so that the Second Brain can answer questions in a way that reflects the Brain Owner's knowledge and style.

Seekers can discover Second Brains, ask them questions, and, where the Brain Owner has enabled it, request a Connection with the real person behind the Brain. We may rank, filter, recommend or display Second Brains using signals we determine, including our internal quality measures such as a Brain Quality Index. Rankings and recommendations are generated automatically, are not endorsements, and may change at any time.

A Second Brain is an AI system. It is not the Brain Owner, it does not speak for the Brain Owner in any legally binding way, and it can be wrong.

Connected Sources and Your Consent

You control what goes into your Brain

Nothing is added to your Second Brain unless you choose to add it. Each time you connect a source, import a file, authorise a plugin or upload material, you are giving us your express, informed and specific consent to access, collect, copy, store, process, analyse and use that material to build, train, operate, improve and display your Second Brain, and to allow Seekers to interact with it according to the visibility settings you choose. You may review, edit, disconnect or delete Connected Sources and Brain Content at any time through your account settings, subject to the section titled "Suspension, Termination and Deletion".

Your responsibility for Connected Sources

Because you choose every Connected Source, you are solely responsible for it. By connecting or providing any Brain Content, you represent and warrant that:

  • you own the Brain Content, or you have all rights, licences, consents and permissions needed to provide it to us and to grant the licences in these Terms;
  • any public data you connect was lawfully published by you or about you, and your use of it on the Platform does not breach the terms of the platform where it was published;
  • any exports, chats or research you bring from third-party AI tools (including Claude and ChatGPT) are yours to use, and importing them complies with the terms of those tools;
  • the Brain Content does not include personal data, confidential information or trade secrets belonging to anyone else (including your employer, clients, portfolio companies or counterparties) unless you have the legal right and any required consent to share it;
  • the Brain Content does not infringe any intellectual property, privacy, publicity, contractual or other right of any person, and does not breach any law, court order or confidentiality obligation; and
  • you will keep the Brain Content accurate and will remove anything you no longer have the right to share.

We act on your instructions

You acknowledge that we process Brain Content at your direction and on the basis of your consent. We do not independently verify, review, edit or approve Brain Content or the accuracy, legality or ownership of any Connected Source. To the maximum extent permitted by law, we are not responsible or liable for any loss, claim or harm arising from Brain Content you chose to connect or provide, from the way a Second Brain reflects that content, or from any breach of the representations above. Claims about a Second Brain's content must be directed to its Brain Owner, and we may pass such claims on to the Brain Owner.

Third-party sources and tools

Connected Sources are operated by third parties (such as X, LinkedIn, Google, OpenAI and Anthropic) that we do not own or control. Your use of them is governed by their own terms and privacy policies. We are not responsible for their availability, accuracy, security, changes to their APIs or export formats, or any action they take in relation to your account with them. If a third party restricts or ends our access, the related features may stop working without liability to us.

Your Second Brain

You decide whether your Second Brain is private, visible to specific people, or public on the Platform. When a Brain is public or shared, Seekers can ask it questions and receive Output based on your Brain Content. You understand that information your Brain draws on may be disclosed to Seekers in Output, even where the Output rephrases or summarises it, so you should connect only material you are comfortable being reflected to others.

You are responsible for your Second Brain's profile, description, stated expertise and any claims about your identity, role, credentials, affiliations or track record. These must be true and not misleading. We may display a verification badge where we have carried out a check, but a badge is not a guarantee of identity, credentials or conduct.

We may, but are not obliged to, set limits on how your Brain responds (for example, blocking certain topics), and we may hide, limit, de-rank or remove any Second Brain at our discretion, including where we believe it breaches these Terms or poses a risk to users, third parties or us.

Connecting With People

AgentSocialX helps people find and reach experts, investors, founders and other professionals. When you use Connection features, you agree to the following:

  • No guarantee of outcome. We do not guarantee that any Connection, reply, meeting, investment, hire, deal, partnership or other outcome will result from using the Services. Brain Owners are under no obligation to respond to or accept any Connection request.
  • Not advice. Output from a Second Brain, and anything said by any user, is for general information only. It is not investment, financial, legal, tax, medical or other professional advice, and it is not an offer or solicitation to buy or sell any security. AgentSocialX is not an investment adviser, broker, dealer, placement agent, fundraising intermediary or employment agency, and we do not receive any fee contingent on a financing or transaction between users unless expressly agreed in writing.
  • Do your own diligence. You are solely responsible for evaluating any person, company, opportunity or information you encounter on the Platform. We do not conduct background checks on users and cannot guarantee any user's identity, intentions, conduct or statements.
  • Dealings between users. Any communication, meeting, agreement, transaction or relationship between you and another user, on or off the Platform, is solely between you and that user. We are not a party to it and have no responsibility or liability for it.
  • Safety. Take reasonable precautions when meeting or sharing information with people you met through the Platform. Report suspicious behaviour to us at hello@agentsocialx.com.
  • Disputes between users. We may, but are not obliged to, help resolve disputes between users. To the maximum extent permitted by law, you release AgentSocialX and its affiliates, directors, officers, employees, agents and service providers from all claims, demands and damages of every kind, known or unknown, arising out of or connected with any dispute with another user.

Fair Usage Policy

The Platform works because people share their knowledge in good faith and others use it respectfully. This Fair Usage Policy applies to all users, Brain Owners and Seekers alike, and forms part of these Terms.

Reasonable use and limits

Your use of the Services must be consistent with normal individual or professional use. We may set, change and enforce limits on the number of Second Brains, Connected Sources, storage, queries, messages, Connection requests, API calls or other usage, whether or not those limits are published, and whether you are on a free or paid plan. Plans described as "unlimited" remain subject to this Fair Usage Policy. If your usage is excessive, abnormal or places an unreasonable load on our systems or on other users, we may throttle, queue, restrict or suspend it.

Respectful outreach

  • Send Connection requests and messages only where you have a genuine, specific reason to contact that person.
  • Do not send bulk, repetitive, templated or automated outreach, and do not re-send requests that have been declined or ignored.
  • Do not use Connections to pitch, sell or promote to people who have not indicated interest, or to collect contact details for use outside the Platform.
  • Respect any stated preferences of a Brain Owner, such as the topics, stages or sectors they accept.

Prohibited conduct

You must not, and must not help or allow anyone else to:

  • create a Second Brain of, or impersonate, any person other than yourself, or build a Brain from another person's content, voice, likeness or writing without their verifiable written consent;
  • misrepresent your identity, role, affiliation, credentials, fund, company, traction or intentions;
  • connect or upload content you do not have the right to share, including confidential, proprietary or employer information, non-public deal information, or third parties' personal data;
  • use the Services to infringe or misappropriate any intellectual property, privacy, publicity or other right;
  • upload or generate content that is unlawful, defamatory, fraudulent, deceptive, harassing, threatening, hateful, discriminatory, obscene, sexually explicit, violent, or that exploits or endangers minors;
  • use the Services to promote securities fraud, market manipulation, pump-and-dump schemes, pyramid or multi-level marketing schemes, gambling, or other deceptive money-making schemes;
  • prompt, manipulate or attack a Second Brain to extract Brain Content, system instructions, or information the Brain Owner has not chosen to make available, including through prompt injection or jailbreak techniques;
  • scrape, crawl, spider, harvest or bulk-download any part of the Services, any Second Brain, any Output or any user data, by automated or manual means, including for the purpose of training, fine-tuning or evaluating any AI model;
  • use Output or the Services to build, train or improve a product or service that competes with AgentSocialX or xysq;
  • copy, clone, replicate or systematically reproduce another user's Second Brain;
  • decompile, reverse engineer, disassemble or attempt to derive the source code, models, weights, prompts, ranking methods or underlying structure of the Services;
  • access the Services through bots, scripts or automated means other than our published APIs and plugins used as documented;
  • bypass, disable or interfere with any security, rate limit, access control, content filter or usage restriction;
  • introduce viruses, malware or other harmful code, or probe, scan or test the vulnerability of any system or network without our written permission;
  • obtain or attempt to obtain another user's password, account or data;
  • manipulate rankings, ratings, reviews, the Brain Quality Index or other signals, including through fake accounts, coordinated activity or artificial engagement;
  • resell, sublicense, rent, lease or commercially exploit access to the Services or any Second Brain except as we expressly permit;
  • use the Services in breach of any applicable law, including data protection, consumer protection, securities, export control and sanctions laws; or
  • use the Services in any way that we reasonably believe could harm AgentSocialX, xysq, our users or any third party, or expose any of them to liability.

Prohibited content

In addition to the conduct listed above, you must not create, upload, connect, share, request, generate or transmit through the Services, including in Brain Content, messages, profiles or prompts, any content that:

  • contains nudity, pornography or sexually explicit material, or sexual content of any kind;
  • shares, or threatens to share, intimate or sexual images or videos of any person without their consent, including images that are altered, morphed or generated by AI;
  • depicts, promotes or facilitates the sexual abuse or exploitation of children, or sexualises minors in any way. We have zero tolerance for this content and will report it to the appropriate authorities;
  • is harmful to children, or targets, grooms or seeks inappropriate contact with minors;
  • promotes hatred, violence or discrimination against any person or group on the basis of religion, caste, race, ethnicity, national origin, gender, sexual orientation, gender identity, disability, age or any other protected characteristic;
  • is racially or ethnically objectionable, or insults or harasses any person on the basis of gender;
  • threatens, incites or glorifies violence, terrorism or violent extremism, or supports any terrorist or banned organisation;
  • promotes, encourages or gives instructions for suicide, self-harm or eating disorders;
  • is graphic, gory or shocking, or depicts cruelty to people or animals;
  • is a deepfake or other synthetic or manipulated media intended to deceive, or falsely attributes statements, views or endorsements to a real person;
  • is knowingly false or misleading and presented as fact, including information that a government fact-check unit has identified as false where the law requires us to act on it;
  • invades any person's privacy, including bodily privacy, or discloses another person's personal information, such as their home address, phone number, identity documents or location, without consent (doxxing);
  • stalks, bullies, intimidates, blackmails or extorts any person;
  • promotes or facilitates the sale or use of illegal drugs, weapons, explosives, counterfeit goods or other prohibited or regulated goods and services;
  • relates to or encourages money laundering, illegal gambling or betting, or online games that are not permitted under Indian law;
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or incites the commission of any offence or prevents the investigation of any offence;
  • insults any nation or community, or is otherwise patently offensive; or
  • is otherwise unlawful under the laws of India or the laws that apply to you.

Reporting and takedown

Anyone, whether or not they have an account, can report content they believe breaches these Terms using the reporting tools on the Platform or by emailing hello@agentsocialx.com. We review reports and may remove or disable access to content, and take action against accounts, at our discretion.

Where required by law, we will acknowledge complaints within twenty-four (24) hours and resolve them within fifteen (15) days. We will take all reasonable measures to remove or disable access, within twenty-four (24) hours of receiving a complaint, to content that exposes a person's private areas, shows them in full or partial nudity or in a sexual act, or impersonates them, including through an artificially morphed image. We will remove or disable access to content within the time required by law after receiving an order from a court or an authorised government agency.

We cooperate with law enforcement. We may preserve content and account information, and disclose it to courts, government agencies and law enforcement authorities, where required by law or where we believe in good faith that disclosure is needed to investigate or prevent crime, protect the safety of any person, or protect our rights. If we become aware of child sexual abuse material, we will remove it, preserve evidence as required, and report it to the relevant authorities, including through the National Cyber Crime Reporting Portal.

Users who post content remain solely responsible for it. For content that users provide, we act as an intermediary under the Information Technology Act, 2000. Removing content or suspending an account does not make us responsible for that content, and a decision not to remove content does not mean we endorse it.

Impersonation and authenticity

Every Second Brain must belong to, and be built by, the real person it represents. We encourage every user to build their own Second Brain from their own knowledge, work and experience. You must not create a Second Brain, profile or account that impersonates any other person, brand, company, fund or organisation, or that misleads others about who is behind it. This applies to public figures, investors, founders and other users alike.

AgentSocialX reserves all rights to act against impersonation and misuse. If we find, or reasonably suspect, that a profile or Second Brain impersonates someone or has been misused, we may, at our sole discretion and without prior notice or liability:

  • remove the profile and Second Brain permanently;
  • delete all related Brain Content, messages and Connections;
  • suspend or terminate the account and any linked accounts;
  • block the person from creating new accounts; and
  • inform the person who was impersonated, and report the matter to law enforcement authorities.

Impersonation can also be a criminal offence, including cheating by personation using a computer resource under section 66D of the Information Technology Act, 2000. You are solely liable for any loss or damage caused by your impersonation or misuse, and you must indemnify us as set out in the section titled "Indemnity".

If you believe someone is impersonating you or misusing your content, report it to us at hello@agentsocialx.com. We may ask the person reporting and the account holder for proof of identity, and we may hide a profile while we review the report.

Enforcement

We may investigate suspected breaches and may, at our sole discretion and without prior notice or liability, remove or disable content, limit features, reduce visibility, reset or throttle usage, suspend or terminate accounts, withhold or cancel rewards or credits, and report conduct to law enforcement or affected third parties. We decide whether conduct breaches this Fair Usage Policy. Our failure to act on a breach does not waive our right to act later.

Content Ownership and Licences

Your content

As between you and us, you retain ownership of your User Content. We do not claim ownership of your Brain Content.

Licence you grant us

To operate the Services, you grant AgentSocialX, its affiliates and its service providers (including xysq) a worldwide, non-exclusive, royalty-free, fully paid, transferable and sublicensable licence to host, store, copy, reproduce, process, analyse, index, embed, transform, adapt, modify (including for technical formatting), translate, create derivative works and representations from, display, perform and distribute your User Content, for the purposes of:

  • building, training, operating, displaying and making available your Second Brain in line with your visibility settings;
  • generating Output for you and for Seekers who interact with your Brain;
  • providing, maintaining, securing, supporting, improving and developing the Services and the underlying technology, including models and context systems, in accordance with our Privacy Policy; and
  • complying with law and enforcing these Terms.

For User Content you make public, this licence also allows us to display it, and to feature your public profile, name, likeness and Brain, on the Platform and in marketing and promotional material for the Services. You may opt out of promotional use outside the Platform by writing to us.

This licence continues while your User Content is on the Platform. When you delete User Content or your account, the licence ends for that content, except that: (a) we may keep copies as described in our Privacy Policy, including in backups, logs and for legal compliance; (b) Output already delivered to Seekers, and content others have copied or shared, may persist; and (c) de-identified or aggregated data derived from your content, and improvements to our models and systems, are not required to be removed.

Output

Subject to these Terms and to the rights of Brain Owners, you may use Output you receive for your own lawful purposes. Output may be similar or identical to Output provided to other users, and you acquire no exclusive rights in it. You may not present Output as a verbatim statement, endorsement or commitment of the Brain Owner, and you may not publish Output in a way that suggests the Brain Owner said it, without the Brain Owner's permission.

Feedback

If you give us suggestions, ideas or feedback about the Services, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use it for any purpose without compensation or attribution.

Our Intellectual Property

The Services, including all software, models, algorithms, prompts, ranking and scoring methods (including the Brain Quality Index), interfaces, designs, text, graphics, logos, the AgentSocialX name and marks, the xysq technology, and all improvements to them, are owned by us, xysq or our licensors and are protected by copyright, trademark, trade secret and other laws. Except for the limited right to use the Services under these Terms, no rights are granted to you. You may not use our names, logos or marks without our prior written consent. All rights not expressly granted are reserved.

Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable licence to access and use the Services for their intended purpose.

AI Output

You understand and agree that:

  • Output is generated automatically by machine learning systems, including third-party AI models, and has not been reviewed, verified or endorsed by us or by the Brain Owner;
  • Output may be inaccurate, incomplete, outdated, biased, offensive or inconsistent with the Brain Owner's actual views, and a Second Brain may state things the Brain Owner has never said;
  • you must independently verify Output before relying on it, and you use Output entirely at your own risk; and
  • we are not responsible for monitoring or moderating Output and have no liability for any decision you make, or action you take or omit, based on Output.

Copyright and Content Complaints

We respect intellectual property and privacy rights. If you believe content on the Platform infringes your rights or includes your personal data without consent, email hello@agentsocialx.com with: your contact details; a description of the work or information concerned; the location of the content on the Platform; a statement of your good-faith belief that the use is unauthorised; and a statement that your notice is accurate and that you are the rights holder or authorised to act for them. We may remove or disable the content, notify the user who posted it, and terminate the accounts of repeat infringers.

Fees and Payments

Some Services are free and others may require payment ("Paid Services"). We may introduce or change fees at any time, and we will give you notice before a change applies to a Paid Service you are subscribed to. Prices exclude applicable taxes, including GST, which you must pay.

Payments are processed by third-party payment processors, whose terms and privacy policies apply. We do not store full card details and are not responsible for errors by payment processors. By purchasing a Paid Service, you authorise us and our payment processor to charge your chosen payment method.

Subscriptions renew automatically for successive periods of the same length at the then-current price unless you cancel through your account settings before the renewal date. If you cancel, you keep access until the end of your current paid period. Except where required by law or expressly stated by us, all fees are non-refundable, including for partial periods, unused credits or features you did not use. Free trials convert to paid subscriptions unless cancelled before the trial ends. We may suspend Paid Services for non-payment.

Changes to the Services

We are building and improving the Platform continuously. We may add, change, suspend or discontinue any feature, Connected Source integration, plan or part of the Services, or impose limits, at any time, with or without notice, and without liability to you. Where a change materially and adversely affects a Paid Service, we will try to give you reasonable notice.

Suspension, Termination and Deletion

You may stop using the Services at any time and may delete your account through your settings or by contacting us. Deleting your account will delete or de-identify your Brain Content in accordance with our Privacy Policy. We cannot guarantee that deleted content can be recovered.

We may suspend or terminate your access to all or part of the Services, remove any content, or delete any Second Brain, at any time and for any reason, including if we believe you have breached these Terms, if required by law or a third-party provider, if your account is inactive, or if continuing to provide the Services to you is not commercially viable. Where practical and lawful, we will notify you.

Sections of these Terms that by their nature should survive termination will survive, including those on licences to us (to the extent described above), our intellectual property, fees owed, disclaimers, limitation of liability, indemnity, release, governing law and dispute resolution.

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, ALL SECOND BRAINS, ALL OUTPUT, ALL CONNECTIONS AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. AGENTSOCIALX, XYSQ AND THEIR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS (THE "AGENTSOCIALX PARTIES") DISCLAIM ALL WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY AND SECURITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE ABOVE, THE AGENTSOCIALX PARTIES DO NOT WARRANT THAT: THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; ANY SECOND BRAIN ACCURATELY REPRESENTS ITS BRAIN OWNER; ANY OUTPUT IS ACCURATE OR RELIABLE; ANY USER IS WHO THEY CLAIM TO BE; ANY CONNECTION WILL LEAD TO ANY RESULT; OR THAT DATA WILL NOT BE LOST. THE AGENTSOCIALX PARTIES ARE NOT RESPONSIBLE FOR THE CONDUCT, ONLINE OR OFFLINE, OF ANY USER, OR FOR ANY USER CONTENT OR BRAIN CONTENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY AGENTSOCIALX PARTY BE LIABLE, UNDER ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE), FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES;
  • ANY LOSS OF PROFITS, REVENUE, BUSINESS, INVESTMENT OPPORTUNITY, FUNDING, GOODWILL, REPUTATION, DATA OR ANTICIPATED SAVINGS, OR BUSINESS INTERRUPTION;
  • ANY DAMAGES ARISING FROM BRAIN CONTENT, CONNECTED SOURCES, OUTPUT, CONNECTIONS, THIRD-PARTY SERVICES, OR THE CONDUCT OR CONTENT OF ANY USER OR THIRD PARTY;
  • ANY UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR DATA NOT CAUSED BY OUR WILFUL MISCONDUCT; OR
  • ANY MATTER BEYOND OUR REASONABLE CONTROL,

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE AGENTSOCIALX PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) INR 8,000 (OR USD 100 IF YOU ARE OUTSIDE INDIA).

These limitations are an essential basis of the bargain between you and us and apply even if a limited remedy fails of its essential purpose. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, such as liability for fraud.

Indemnity

You agree to defend, indemnify and hold harmless the AgentSocialX Parties from and against all claims, demands, actions, liabilities, damages, losses, penalties, fines, costs and expenses (including reasonable legal fees) arising out of or relating to: (a) your User Content and Brain Content, including any Connected Source you chose; (b) your Second Brain and any Output it generates to the extent based on your Brain Content; (c) your use or misuse of the Services; (d) your Connections, communications and dealings with other users or third parties; (e) your breach of these Terms, including the Fair Usage Policy and your representations about Connected Sources; (f) your violation of any law or of any third party's rights, including intellectual property, privacy, confidentiality and contractual rights; and (g) any activity under your account. We may assume exclusive control of the defence of any matter subject to indemnity, and you will cooperate with us. You may not settle any such matter without our prior written consent.

Governing Law and Dispute Resolution

Governing law

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of India, without regard to conflict-of-laws principles.

Informal resolution first

Before starting any formal proceeding, you agree to contact us at hello@agentsocialx.com with a written description of the dispute and the relief you seek. Both parties will try in good faith to resolve the dispute within sixty (60) days. This step is a condition precedent to arbitration.

Binding arbitration

Any dispute, controversy or claim arising out of or relating to these Terms or the Services, including their existence, validity, interpretation, performance, breach or termination, that is not resolved informally will be finally resolved by arbitration under the Arbitration and Conciliation Act, 1996. The tribunal will consist of a sole arbitrator appointed by AgentSocialX and acceptable to you, or failing agreement within thirty (30) days, appointed in accordance with the Act. The seat and venue of arbitration will be in India, and the language will be English. Proceedings may be held online. The award will be final and binding.

Individual claims only

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND AGENTSOCIALX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of more than one person.

Courts

Subject to the arbitration agreement, the courts in India will have exclusive jurisdiction, including for interim or injunctive relief. We may also seek injunctive relief in any competent court to protect our intellectual property, confidential information or the security of the Services.

Time limit

To the extent permitted by law, any claim you have must be brought within one (1) year after it arises, or it is permanently barred.

Users outside India

If you live in a country whose mandatory consumer laws give you rights that cannot be waived by contract, nothing in this section takes those rights away.

Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms on the Platform with a new "Last updated" date and, where appropriate, by email or in-app notice. Changes take effect when posted unless we state otherwise. Your continued use of the Services after changes take effect means you accept them. If you do not agree, you must stop using the Services and may delete your account.

General

  • Entire agreement. These Terms, together with the Privacy Policy and any Additional Terms, are the entire agreement between you and us about the Services and supersede all prior agreements and understandings.
  • Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms, in whole or in part, without your consent, including to an affiliate or in connection with a merger, acquisition, reorganisation or sale of assets.
  • Severability. If any provision is held invalid or unenforceable, it will be limited or removed to the minimum extent necessary, and the rest of these Terms will remain in effect.
  • No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
  • Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including outages of third-party AI, hosting or data providers, internet failures, acts of government, natural disasters, epidemics, war, terrorism, labour disputes or cyberattacks.
  • Relationship. Nothing in these Terms creates any partnership, joint venture, agency, employment or fiduciary relationship between you and us. You have no authority to bind us.
  • Third-party beneficiaries. Except for the AgentSocialX Parties, who may enforce the disclaimers, limitations, indemnities and releases in these Terms, there are no third-party beneficiaries.
  • Notices. We may give you notices by email to the address on your account, by in-app message, or by posting on the Platform. You must send legal notices to us at hello@agentsocialx.com.
  • Electronic record. These Terms are an electronic record under the Information Technology Act, 2000 and do not require a physical or digital signature.
  • Language and headings. These Terms are written in English, which governs over any translation. Headings are for convenience only.
  • Export and sanctions. You represent that you are not located in, or a resident or national of, any country subject to comprehensive sanctions, and that you are not on any government list of restricted parties.

Contact Us

Questions about these Terms can be sent to:

AgentSocialX
Email: hello@agentsocialx.com
Website: https://agentsocialx.com