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Terms of Service

Draft — not yet effective; requires legal review before publication. Last updated: [EFFECTIVE DATE]

These Terms of Service (the "Terms") are a contract between you and [LEGAL ENTITY NAME] ("agent-next", "we", "us", or "our"), the operator of the hosted sandbox service described below. If anything here is unclear, contact us at [CONTACT EMAIL].

1. Accepting these Terms

You accept these Terms when you create an account, when you first create or use an API Key, or when you use the Service after receiving an invitation. If you accept on behalf of a company or other organization, you confirm that you are authorized to bind that organization, and "you" in these Terms means that organization.

These Terms incorporate our acceptable use policy (the "AUP") by reference: violating the AUP violates these Terms. Our privacy policy explains how we handle personal data. If the documents conflict, the Terms control over the AUP.

2. Defined terms

• Service: our hosted platform that runs E2B-compatible sandboxes and is reachable at a subdomain of agent-next.com. It is aimed at AI agents and the people who build them.
• Sandbox: an isolated microVM you or AI agents acting for you create through the Service's API or SDKs to run code, a browser, and tools. "E2B" refers to a third-party API and SDK; we are compatible with them and are not affiliated with their maker.
• Customer Content: the code, files, and data you place inside a Sandbox.
• Operational Records: the records the Service keeps about your use — waitlist and free-grant records, account and API Key administration records, abuse and enforcement records, sandbox identifiers, templates, and settings, metadata you attach when creating a Sandbox, lifecycle events (create, pause, resume, kill), usage metering, and CPU-usage samples. They are described in the privacy policy and are not part of Customer Content.
• API Key: the secret credential we issue to your account that authenticates calls to the Service.
• Free Grant: the one-time sandbox-hours allowance described in Section 6.
• Beta: the invite-only, pre-release period described in Section 3.

3. The Service is in Beta

During the Beta:

• Access is by invitation. You can join the waitlist, but we decide when and whether to invite you, and we may cap invitations.
• The Service is experimental. Features may change, break, or be removed, and we may add or adjust capacity, rate, and usage limits at any time.
• There is no SLA. We have internal reliability targets and we run a public status page, but neither creates any commitment to you. No uptime guarantee applies, and no service credits are available during the Beta. Paid plans, if they come later, may offer service levels under separate terms.
• The Beta is free, subject to the Free Grant and the other limits in these Terms.

4. Eligibility

You may use the Service only if:

• you are at least [MINIMUM AGE] years old and can form a binding contract;
• you are not located in, a resident of, or organized in a country or region subject to comprehensive sanctions, and you are not identified on an applicable sanctions or export-control list; and
• we have not previously terminated your access to the Service.

One person or organization may hold one account. Creating additional accounts to obtain more Free Grant hours is prohibited (see the AUP).

5. Accounts and API Key security

• Give us accurate account information (name, email, organization) and keep it current.
• Your API Keys are your account's credentials. Keep them secret. Do not embed them in public code, client-side applications, or public repositories.
• You are responsible for all activity carried out with your API Keys, including activity by AI agents, scripts, and tools you configure.
• If a key may have leaked or been compromised, revoke it immediately and contact us at [CONTACT EMAIL]. We can revoke keys on your behalf.
• We may require or trigger key rotation for security reasons.

6. The Free Grant and fees

• The Beta costs nothing. We will not charge you during the Beta.
• Each new account receives a one-time Free Grant of 100 sandbox-hours. A sandbox-hour is one hour of a running Sandbox; paused Sandboxes do not consume hours.
• The Free Grant is not a monthly allowance. It is granted once per person or organization, it has no cash value, it is not transferable, and unused hours may expire — for example, when the Beta ends or the grant program changes.
• If your hours run out, you will not be able to start new Sandboxes, and running Sandboxes may be paused, until more hours are granted or a paid plan becomes available.
• Paid plans may come later, under separate terms. Before anything is charged, we will publish the plan, its price, and its terms, and we will not charge you without your explicit agreement to them.

7. Your content

You own your Customer Content. We claim no ownership of it.

To operate the Service, you grant us a limited, non-exclusive, worldwide licence to host, copy, transmit, and process Customer Content as needed to run your Sandboxes — including starting, pausing, resuming, and deleting them — across our systems and those of our infrastructure providers. The licence lasts only while the content is in the Service and ends when the Sandbox holding it is deleted. We may also access, disable, or remove Customer Content where we reasonably need to respond to an abuse report, to comply with law or a legal request, or to protect the security or integrity of the Service or our users.

Deleting a Sandbox deletes its contents, not our records about it. Creation metadata, sandbox identifiers and settings, lifecycle events, usage metering, and CPU samples are Operational Records. We retain and use them as described in the privacy policy — to run and secure the Service, meter usage, prevent abuse, keep accounts, and resolve disputes — for the retention periods stated there, and for those limited purposes you licence us to keep and use them for that retention. This Section gives us no other rights in Customer Content.

Apart from that:

• we do not access the contents of your Sandboxes as a matter of course;
• we do not use Customer Content to train machine-learning models; and
• metadata you attach when creating a Sandbox is stored as part of your Operational Records, so it is not a place for secrets or sensitive personal data.

8. Sandboxes are temporary; back up your own work

Sandboxes are disposable by design. When a Sandbox is killed or times out, everything inside it is deleted and cannot be recovered, unless you deliberately use a persistence feature we provide. We do not back up Sandboxes, we have no backup obligation to you, and we cannot restore deleted Customer Content. Keep your own copies of anything you care about; do not use the Service as your only storage.

9. Third-party software inside Sandboxes

Sandboxes can install and run third-party software: packages, models, datasets, and tools. That software is licensed by its own terms, not by us. We are not responsible for it, we grant you no rights in it, and we make no representation about it. You are responsible for making sure you are allowed to use whatever you install or run inside a Sandbox and for complying with its licence terms and any usage restrictions.

10. Acceptable use

Your use of the Service must comply with the AUP. Read it before you start: it covers illegal content, malware and attacks, spam, cryptomining, limit evasion, free-grant farming, and similar abuses, and it explains how we enforce it and how to report abuse.

11. Suspension and termination

You may stop any time. You can delete your account by contacting us at [CONTACT EMAIL]; we will revoke your API Keys and delete your account data as described in the privacy policy.

We may suspend or terminate your account, revoke your API Keys, and pause or delete your Sandboxes at any time, without prior notice, if we reasonably believe that:

• you violated the AUP or these Terms (including free-grant farming);
• your use creates a legal, security, or abuse risk to us, our users, our infrastructure providers, or anyone else;
• we must respond to an abuse report (including one from our hosting provider) or to a lawful request; or
• you are a sanctioned person or are using the Service from a sanctioned region.

Where it is practical and lawful, we will tell you why and give you a chance to fix the problem. Customer Content in deleted Sandboxes is deleted with them and cannot be recovered (Section 8).

12. No service levels during the Beta

The Service is provided without any uptime commitment. We may suspend the Service for maintenance, capacity, safety, or legal reasons, with or without notice. Our status page reports incidents for information only; it is not a warranty, and incident reports do not create liability that Section 16 excludes.

13. Fees and taxes

The Beta is free. If paid plans launch, fees, invoicing, and taxes will be described in the separate terms for those plans, and we will give you advance notice before any charge. Nothing in these Terms obligates you to pay anything during the Beta.

14. Feedback

If you send us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, modify, and commercialize them without restriction or attribution. Please do not send us confidential information in feedback.

15. Disclaimers

THE BETA AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR SECURE, OR THAT CUSTOMER CONTENT WILL BE PRESERVED. THE SERVICE IS NOT DESIGNED OR INTENDED FOR USE IN APPLICATIONS WHERE FAILURE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING MEDICAL DEVICES, TRANSPORT CONTROL, OR CRITICAL INFRASTRUCTURE.

16. Limitation of liability

To the maximum extent permitted by law:

• we are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, goodwill, or data (including loss of Customer Content, which Section 8 explains we cannot recover);
• our total liability for all claims arising out of or relating to the Service is limited to the greater of USD 50 or the total amounts you paid us in the twelve months before the event giving rise to the claim; and
• these limitations apply regardless of the theory of liability and even if we were advised of the possibility of the damage.

Nothing in these Terms excludes or limits liability that cannot be excluded by law, such as liability for fraud or willful misconduct or statutory protections that apply to you as a consumer.

17. Indemnity

If you use the Service for a business purpose, you will defend and indemnify us against third-party claims, and the resulting damages, liabilities, and costs (including reasonable legal fees), to the extent they arise from: Customer Content that infringes a third party's intellectual property or other rights; your material breach of these Terms or the AUP; or your unlawful use of the Service (including unlawful use by AI agents and tools you control). To the extent the law allows, we will notify you of a claim promptly, give you the information we have so you can defend it, and let you control its defence and settlement with our cooperation at your expense. You do not have to cover the portion of a claim caused by our own fault, negligence, or breach of these Terms.

If you use the Service as a consumer — for personal, non-business purposes — you indemnify us only where, and to the extent, applicable law requires it. Nothing in this Section waives protections that consumer-protection law gives you.

We are not responsible for disputes between you and any third-party software or service you use with the Service.

18. Changes to these Terms

We may change these Terms as the Beta evolves. We will notify you (by email or in the Service) at least 14 days before a material change takes effect, unless the change is urgent — for example, for legal or safety reasons — in which case it may take effect immediately with prompt notice. If you keep using the Service after the notice period, the changed Terms apply to you. If you do not accept them, you may stop using the Service at any time.

19. Governing law and disputes

These Terms and any dispute arising out of or relating to them are governed by the laws of [GOVERNING LAW], without regard to conflict-of-laws rules. For business users, you and we agree to the exclusive jurisdiction of the courts located in [VENUE]. If you use the Service as a consumer, this Section does not remove any right that mandatory consumer-protection law gives you to bring a claim in the courts of your place of residence.

20. General

• Entire agreement. These Terms, the AUP, and the privacy policy are the entire agreement between you and us regarding the Service.
• Assignment. You may not assign these Terms without our written consent. We may assign them as part of a merger, acquisition, or sale of assets, with notice to you.
• Severability. If a provision of these Terms is unenforceable or invalid, it applies only to the extent and in the form that applicable law permits, and the rest remains in force. We will not use this Section, or any substitute for a severed provision, to reduce protections that mandatory law gives you.
• Waiver. Our decision not to enforce a provision now is not a waiver of that provision later.
• Notices. We send notices to the email address on your account; they are deemed received one day after we send them.
• Survival. Sections 7, 8, 9, 15, 16, 17, 18, and 19 survive termination of these Terms.

21. Contact

[LEGAL ENTITY NAME] [REGISTERED ADDRESS] Email: [CONTACT EMAIL]