Terms of Service

1. Definitions

• "Service" — The XO platform, web application, APIs, dashboards, agent management tools, and all related software operated by XO.
• "Clawdbot / OpenClaw" — The open-source autonomous AI agent software that XO deploys and manages on your behalf.
• "AI Model Providers" — Third-party large language model services including but not limited to Anthropic (Claude), OpenAI (Codex, GPT), Moonshot AI (Kimi-K2), Google (Gemini), DeepSeek, Perplexity, and local/self-hosted models.
• "User Content" — Any data, prompts, instructions, files, API keys, configurations, or other material you provide to or through the Service.
• "Agent Output" — Any response, action, file, code, message, or result generated by an AI agent operating on your behalf through the Service.
• "Workspace" — An isolated, containerized environment deployed through XO containing your Clawdbot instance and associated configuration.

2. Eligibility & Account Registration

• You must be at least 18 years of age to use the Service. By using the Service you represent and warrant that you meet this requirement.
• You must provide accurate, current, and complete information during registration and keep your account information up-to-date.
• You are solely responsible for maintaining the confidentiality of your account credentials, API keys, and access tokens. XO will never ask you for your password.
• You are responsible for all activity that occurs under your account, whether or not you authorised it.
• You may not create accounts on behalf of others without express authorisation, or use automated means to create accounts.

3. Description of Service

XO provides a managed platform that deploys, operates, and monitors Clawdbot (OpenClaw) AI agents on your behalf. Specifically, the Service enables you to:

• Deploy containerised AI agent workspaces via a one-click dashboard without requiring server management, SSH access, or DevOps knowledge.
• Connect your preferred AI Model Provider (Claude, Codex, Kimi-K2, Gemini, DeepSeek, or local models) using your own API keys.
• Interact with your agent through supported messaging channels including Telegram, WhatsApp, Discord, Slack, iMessage, and the XO web chat interface.
• Manage sessions, audit agent activity, configure permissions, and monitor usage from the XO dashboard.
• Access infrastructure resources including containerised environments, virtual machines (Pro and Business tiers), and self-hosted options (Business tier).

XO is a platform operator, not an AI provider. The intelligence, responses, and actions produced by agents within the Service are generated by third-party AI Model Providers whose own terms and policies independently govern such outputs.

4. AI Usage, Fair Use & Acceptable Use Policy

By using the Service, you agree to use AI agents and AI Model Providers in a lawful, ethical, and responsible manner. You must comply with the usage policies of all AI Model Providers you connect, including but not limited to:

• Anthropic Usage Policy (anthropic.com/policies/usage-policy) — governing Claude models.
• OpenAI Usage Policies (openai.com/policies/usage-policies) — governing Codex and GPT models.
• Any applicable terms of the AI Model Provider you choose to connect to your Workspace.

4.1 Prohibited Uses

You must not use the Service, directly or through an agent, to:

• Generate, distribute, or promote content that is illegal, fraudulent, defamatory, obscene, hateful, threatening, or otherwise harmful.
• Create or disseminate malware, ransomware, exploits, or any code designed to harm, disable, or gain unauthorised access to computer systems.
• Engage in or facilitate phishing, identity theft, impersonation, or any form of social engineering attack.
• Generate content that sexually exploits minors or content that facilitates violence against individuals or groups.
• Produce disinformation, propaganda, or synthetic media designed to deceive without disclosure.
• Infringe upon intellectual property rights, including generating outputs designed to circumvent copyright, patent, or trade secret protections.
• Violate any applicable local, national, or international law or regulation, including data protection and privacy laws (GDPR, CCPA, etc.).
• Attempt to reverse-engineer, scrape, or extract training data from AI models.
• Use the Service in a manner that creates disproportionate or unreasonable load on XO infrastructure, or that interferes with the Service for other users.
• Circumvent, disable, or interfere with security features of the Service or any connected systems.
• Attempt to access another user's account, Workspace, data, or API credentials without authorisation.

4.2 Alignment with Anthropic's Responsible Scaling Policy

Where you use Claude models through the Service, you acknowledge that Anthropic's Responsible Scaling Policy and model safety guidelines apply. XO supports Anthropic's approach to AI safety and will cooperate fully with Anthropic in investigating any potential policy violations reported through our platform. Uses that Anthropic's policies classify as "strictly prohibited" — including generating CSAM, facilitating weapons of mass destruction, or undermining AI oversight — are also prohibited by these Terms and may result in immediate account termination and referral to law enforcement.

5. API Keys & Third-Party Credentials

• You retain full ownership of and responsibility for any API keys, tokens, and credentials you provide to the Service.
• By providing API keys to XO, you grant XO permission to store and use them solely for the purpose of operating your Workspace and fulfilling your instructions.
• You are solely responsible for any costs, overage charges, rate limits, or policy violations incurred on your AI Model Provider accounts as a result of agent activity within the Service.
• XO encrypts stored credentials at rest and in transit, but makes no absolute guarantee against unauthorised access in the event of a security breach beyond XO's reasonable control.
• You must immediately notify XO if you suspect that your API keys or credentials have been compromised. XO is not liable for charges incurred prior to such notification.

6. Disclaimer of Warranties

The Service is provided "as is" and "as available" without any warranty of any kind, express or implied. To the fullest extent permitted by applicable law, XO expressly disclaims all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Any warranty that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
• Any warranty as to the accuracy, completeness, reliability, or timeliness of any Agent Output or information provided through the Service.
• Any warranty regarding the suitability of Agent Outputs for any professional, legal, medical, financial, or other regulated purpose.
• Any warranty that the Service will meet your specific requirements or expectations.

⚠️ AI agents can and do make mistakes. Agent Outputs may be inaccurate, incomplete, misleading, or harmful. You should always independently verify any Agent Output before relying on it for any important decision, action, or communication. XO does not review, validate, or endorse Agent Outputs.

7. Limitation of Liability

To the maximum extent permitted by applicable law, XO and its officers, directors, employees, agents, contractors, licensors, and service providers shall not be liable for:

• Any indirect, incidental, special, consequential, punitive, or exemplary damages, however caused and under any theory of liability, including damages for loss of profits, revenue, goodwill, data, business, or other intangible losses.
• Damages arising from reliance on Agent Outputs, including outputs that are inaccurate, biased, offensive, or otherwise harmful.
• Any loss or damage arising from unauthorised access to or alteration of your transmissions or data, including your API keys.
• Costs or damages resulting from third-party AI model provider errors, outages, policy changes, or rate limiting.
• Damages arising from actions taken by AI agents on messaging platforms (Telegram, WhatsApp, Discord, Slack, iMessage, or others), including but not limited to accidental messages sent, unintended automations, or data exposed through channel integrations.
• Any damages resulting from service interruptions, downtime, or data loss, regardless of cause.
• Any conduct or content of third parties on or through the Service.

In no event shall XO's total aggregate liability to you for all claims arising under or relating to these Terms or the Service exceed the greater of (a) the total fees paid by you to XO in the twelve (12) months immediately preceding the claim, or (b) USD $100.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, XO's liability shall be limited to the maximum extent permitted by law.

8. User Responsibility & Indemnification

You acknowledge and agree that:

• You are solely responsible for all instructions, prompts, configurations, and data you provide to your AI agent, and for all consequences of Agent Outputs generated in response.
• You are solely responsible for ensuring that your use of the Service and any Agent Outputs comply with all applicable laws and regulations in your jurisdiction.
• You bear full responsibility for any autonomous actions taken by your agent on connected platforms, including messages sent, files accessed, code executed, or external API calls made.
• You assume all risks associated with operating autonomous AI agents, including unexpected or unintended behaviour.

You agree to indemnify, defend, and hold harmless XO and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of or access to the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property, privacy, or contractual right; or (d) any harm caused by Agent Outputs generated at your direction.

9. Data, Privacy & Security

• XO's handling of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.
• Your Workspace is containerised and isolated from other users' environments. XO uses industry-standard security practices to protect your data, but cannot guarantee absolute security.
• XO may process usage metadata (e.g., request counts, error rates, system health metrics) for the purposes of providing, improving, and securing the Service.
• XO does not sell your personal data to third parties. XO may share data with third-party infrastructure providers (e.g., cloud hosting, database providers) strictly as necessary to operate the Service.
• You are responsible for ensuring that any personal data you process through your agent complies with applicable data protection laws, including obtaining any necessary consents from individuals whose data is processed.
• In the event of a security breach that may affect your account, XO will notify you as required by applicable law.

10. Payments, Billing & Refunds

• Subscription fees are billed in advance on a monthly or annual basis as selected at the time of purchase.
• All fees are non-refundable except as required by applicable law or as set forth in our Refund Policy.
• XO reserves the right to change pricing at any time. Any price changes will be communicated with at least 30 days' notice and will take effect at the start of the next billing cycle.
• If payment fails, XO may suspend or downgrade your account after reasonable notice. XO is not responsible for data loss resulting from account suspension due to non-payment.
• You are responsible for all applicable taxes associated with your subscription. XO may add taxes to invoices as required by law.

11. Intellectual Property

• XO Platform: All rights, title, and interest in the XO platform, including its software, design, branding, and documentation, are and remain the exclusive property of XO Builders, Inc. These Terms do not grant you any ownership rights in the Service.
• OpenClaw / Clawdbot: The underlying Clawdbot/OpenClaw software is open-source and subject to its respective open-source licence. Your use of the managed hosted version does not transfer any proprietary XO platform rights.
• User Content: You retain all ownership rights in User Content you provide to the Service. By using the Service, you grant XO a limited, non-exclusive licence to process your User Content solely to provide the Service.
• Agent Outputs: Ownership of Agent Outputs may be governed by the terms of your AI Model Provider. XO makes no claim to ownership of Agent Outputs generated through your Workspace.
• You must not use XO's name, logo, or branding without prior written consent.

12. Service Availability & Modifications

• XO will use commercially reasonable efforts to maintain Service availability but does not guarantee any specific uptime percentage except as expressly stated in a written Service Level Agreement (Business tier customers only).
• XO reserves the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice, for reasons including but not limited to maintenance, security patching, legal compliance, or business decisions.
• XO may update, patch, or modify your Workspace for security or compatibility reasons without prior consent. XO will endeavour to give reasonable advance notice of significant changes.
• XO is not liable for any loss or damage resulting from Service modifications, downtime, or discontinuation.

13. Termination

• You may terminate your account at any time by contacting XO support or through your account settings. Termination does not entitle you to a refund of prepaid fees.
• XO may suspend or permanently terminate your access to the Service immediately and without notice if: (a) you breach any provision of these Terms; (b) XO is required to do so by law; (c) your account has been flagged for fraudulent or abusive activity; or (d) continued operation poses a security or legal risk to XO or other users.
• Upon termination, your right to use the Service ceases immediately. XO will retain your data for a period of 30 days following termination, after which it may be permanently deleted. You are responsible for exporting any data you wish to retain prior to termination.
• Sections 6 (Disclaimer of Warranties), 7 (Limitation of Liability), 8 (Indemnification), 11 (Intellectual Property), 15 (Governing Law), and 16 (Dispute Resolution) survive termination of these Terms.

14. Third-Party Services & Links

• The Service integrates with third-party platforms including AI Model Providers, messaging platforms (Telegram, WhatsApp, Discord, Slack, iMessage), cloud infrastructure providers, and others. XO is not responsible for the availability, accuracy, content, or practices of any third-party service.
• Your use of third-party services through the Service is governed by those services' own terms of service and privacy policies. XO is not a party to those agreements.
• XO makes no representations or warranties regarding the continued availability or compatibility of any third-party integration. Integrations may be modified or discontinued at any time.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. You agree that any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, and you hereby consent to the personal jurisdiction of such courts.

If you are a consumer in a jurisdiction where mandatory local law provides for different consumer protections, those protections shall apply to the extent required by law and shall not be superseded by these Terms.

16. Dispute Resolution & Arbitration

Please read this section carefully. It affects your legal rights.

• Most disputes can be resolved informally. Before filing a formal claim, you agree to first contact XO at legal@xo.builders and attempt to resolve the dispute within 30 days.
• If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.
• Class Action Waiver: You waive any right to participate in a class action lawsuit or class-wide arbitration. All disputes must be brought in your individual capacity.
• Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.

17. Changes to These Terms

XO reserves the right to modify these Terms at any time. When we make material changes, we will notify you by email (to the address associated with your account) and/or by posting a prominent notice on the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service before the effective date.

18. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy and any applicable Order Form or Service Level Agreement, constitute the entire agreement between you and XO with respect to the Service and supersede all prior agreements.
• Severability: If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
• No Waiver: XO's failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
• Assignment: You may not assign or transfer your rights under these Terms without XO's prior written consent. XO may assign its rights freely, including in connection with a merger, acquisition, or sale of assets.
• Force Majeure: XO is not liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labour disputes, government actions, or internet or infrastructure failures.
• Contact: For legal matters, contact legal@xo.builders. For general support, visit support.xo.builders.