1. Agreement
1.1 These Terms of Service ("Terms") are a binding agreement between AgentTrail, Inc., a Delaware corporation ("AgentTrail," "we," "us"), and the entity or individual that accepts them ("Customer," "you"). They govern your access to and use of the Service.
1.2 If you accept these Terms for a company or other organization, you represent that you have authority to bind it, and "you" refers to that organization. If you do not have that authority, or do not agree to these Terms, do not use the Service.
1.3 If you and AgentTrail have signed a master services agreement, order form, or other written agreement covering the Service (an "Enterprise Agreement"), the Enterprise Agreement controls wherever it conflicts with these Terms.
1.4 The Service is for business and professional use only. You must be at least 18 years old to use it.
2. Definitions
- "Service" means AgentTrail's hosted platform, including the web dashboard, command-line interface ("CLI"), APIs, ingest pipeline, policy engine, and related documentation. It excludes Open-Source Components.
- "Agent" means an AI coding agent or other automated software agent that you connect to the Service, such as Claude Code or Cursor.
- "Customer Data" means data that you, your Users, or your Agents submit to the Service. This includes agent session telemetry such as prompts, tool calls, commands, file paths, code snippets, diffs, outputs, and metadata. It also includes policies and configurations you create.
- "Users" means individuals you authorize to access the Service under your account, such as employees or contractors.
- "Plan" means the subscription tier you select (Free, Team, Business, or Enterprise), together with its features, limits, and fees.
- "Open-Source Components" means software that AgentTrail makes available under an open-source license, including
@agenttrail/guardand@agenttrail/guardrails.
3. Accounts and Users
3.1 You must give accurate registration information and keep it current. You are responsible for all activity under your account, including your Users' activity and anything your Agents do through the Service.
3.2 You must keep credentials, API keys, and device authorizations secure. Notify us promptly at security@agenttrail.sh if you suspect unauthorized access.
3.3 Each seat belongs to one named User. Seats may be reassigned but not shared.
4. Plans, Fees, and Billing
4.1 Free Plan. We may offer a free Plan with usage limits. The Free Plan is limited to one seat and a monthly usage allowance; when the allowance is used up, the Service stops recording new activity until the next month. We may change or discontinue the free Plan at any time.
4.2 Paid Plans. Paid Plans are billed per seat, in advance, monthly or annually as selected. Each paid Plan includes an allowance of governed actions; usage above that allowance is billed as overage, in arrears, at the rates shown on our pricing page or in your Enterprise Agreement. Fees are shown at checkout or in your Enterprise Agreement. Subscriptions renew automatically for the same term unless you cancel before the renewal date.
4.3 Seat changes. Seats added mid-term are prorated and billed immediately or on your next invoice. Seats removed mid-term take effect at the next renewal. Unless required by law, no refunds are given for partial terms.
4.4 Payment. You authorize us and our payment processor to charge your payment method for all fees due. Overdue amounts may incur interest at 1.5% per month, or the highest rate allowed by law if lower. We may suspend the Service for accounts more than 15 days past due, after giving notice.
4.5 Taxes. Fees do not include taxes. You are responsible for all sales, use, VAT, and similar taxes, except taxes on AgentTrail's net income.
4.6 Price changes. We may change prices with at least 30 days' notice. The change takes effect at your next renewal.
5. Customer Data
5.1 Ownership. You own all Customer Data, including any code, prompts, and outputs it contains. As between the parties, AgentTrail claims no ownership of it.
5.2 License to us. You grant AgentTrail a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, and display Customer Data. This license covers only what is needed to provide, secure, support, and maintain the Service for you, and to comply with law.
5.3 Sensitive data and secrets. Agent sessions can capture credentials, API keys, tokens, and personal data that appear in code, terminals, or files. You are responsible for configuring your Agents and the Service to limit what is sent. By default the Service records prompt and response content; we will turn content capture off for your organization on request. Before storing telemetry, the Service scrubs common secret and personal-data formats, such as cloud provider keys, access tokens, JWTs, private keys, connection strings, email addresses, and payment card and Social Security numbers. Scrubbing is pattern-based and best-effort: it does not guarantee that every secret is removed, and a secret passed as a bare command-line argument can slip through. Some features send a short excerpt of session data to a subprocessor for classification, as described on our subprocessors page. Do not use the Service to process payment card data, protected health information, or other regulated data unless an Enterprise Agreement expressly allows it.
5.4 No model training. AgentTrail does not use Customer Data to train or fine-tune any machine learning model. We do not allow our subprocessors to do so either.
5.5 Aggregated data. We may collect and use metrics about how the Service operates and is used, such as event counts, feature usage, latency, and policy-match rates ("Usage Data"). We may use Usage Data to operate and improve the Service. Any Usage Data we disclose outside AgentTrail will be aggregated and de-identified. It will not identify you or your Users, and it will not include your source code or prompt content.
5.6 Data processing. To the extent Customer Data includes personal data, the AgentTrail Data Processing Addendum ("DPA") is incorporated into these Terms.
5.7 Retention and deletion. Your Plan sets how far back you can see Customer Data in the Service: 7 days on Free, 30 days on Team, 90 days on Business, and the period in your Enterprise Agreement on Enterprise (365 days if none is specified). Customer Data older than that is hidden, not deleted, and becomes visible again if you upgrade. We delete Customer Data within 30 days after you ask us to, by email to security@agenttrail.sh from your workspace Owner's address, and after termination as described in Section 16.
6. Acceptable Use
You and your Users will not, and will not allow any Agent or third party to:
- use the Service in violation of law or third-party rights;
- submit Customer Data you do not have the right to submit;
- probe, scan, or test the vulnerability of the Service, or bypass its security or usage limits, except under a coordinated disclosure program we approve;
- reverse engineer the hosted Service, except where law permits this despite this restriction;
- use the Service to build a competing product, or to benchmark it for publication without our written consent;
- resell, sublicense, or provide the Service to third parties, except to your Users; or
- introduce malware or interfere with the Service or other customers' use of it.
We may suspend access that we reasonably believe violates this Section or threatens the security of the Service. We will notify you and restore access once the issue is resolved.
7. Third-Party Agents and Services
7.1 The Service works with Agents and other products provided by third parties, such as Anthropic's Claude Code and Anysphere's Cursor. AgentTrail does not control those products. Your use of them is governed by your agreements with their providers.
7.2 You are responsible for making sure your use of the Service with any Agent complies with that Agent's terms, and with your own obligations to your employer, clients, and anyone whose code or data your Agents access.
7.3 AgentTrail is not responsible for the availability, behavior, or outputs of third-party Agents. That includes changes a provider makes that affect how the Agent integrates with the Service.
8. Open-Source Components
Open-Source Components, including @agenttrail/guard and @agenttrail/guardrails, are licensed under the Apache License 2.0, not under these Terms. If these Terms conflict with an open-source license, that license controls for the component it covers. The AgentTrail CLI (@agenttrail/cli) is part of the Service, not an Open-Source Component.
9. Free, Trial, and Beta Features
Free Plans, trials, and features labeled alpha, beta, preview, or similar ("Beta Features") are provided "as is." They come without any warranty, support commitment, service level, or indemnity. They may be changed or discontinued at any time. Beta Features may be less reliable than the rest of the Service. Notwithstanding Section 14, AgentTrail's total liability arising from free Plans and Beta Features is $100.
10. Nature of Governance Features
10.1 The Service helps you observe, audit, and set policies for Agents. It is a risk-reduction tool, and its effectiveness depends on your configuration, the Agents you use, and how those Agents expose their actions to the Service.
10.2 AgentTrail does not guarantee that the Service will detect, block, or prevent every unwanted, unsafe, or harmful Agent action. That includes deleting data, changing production systems, exposing secrets, or introducing vulnerable code.
10.3 You remain solely responsible for:
- the actions of your Agents;
- reviewing code and changes before deployment;
- maintaining backups; and
- implementing access controls and safeguards appropriate to your environment.
The Service does not replace them.
10.4 Policy templates, recommendations, and captured patterns that the Service provides are suggestions. You decide which ones to enable.
11. Confidentiality
11.1 "Confidential Information" means non-public information that one party discloses to the other and that is marked confidential or would reasonably be understood to be confidential. Customer Data is your Confidential Information. Non-public details of the Service and our pricing are ours.
11.2 The receiving party will use the disclosing party's Confidential Information only to perform under these Terms. It will protect that information with at least reasonable care. It will disclose it only to employees, contractors, and subprocessors who need to know it and are bound by confidentiality obligations at least as protective as these.
11.3 These obligations do not apply to information that:
- is or becomes public through no fault of the recipient;
- was known to the recipient without restriction before disclosure;
- is received from a third party without restriction; or
- is independently developed.
A recipient may disclose Confidential Information when required by law, after giving reasonable prior notice where the law allows it.
12. Intellectual Property and Feedback
12.1 AgentTrail owns the Service and all related intellectual property, including improvements. Other than the rights expressly granted here, no rights are granted to you. Subject to these Terms, we grant you a non-exclusive, non-transferable right to access and use the Service during your subscription, for your internal business purposes.
12.2 If you give us suggestions or feedback, we may use them without restriction or obligation. Using feedback does not grant us any rights in your Customer Data.
13. Warranties and Disclaimers
13.1 Each party warrants that it has the authority to enter into these Terms. For paid Plans, AgentTrail warrants that the Service will perform materially as described in its documentation. Your exclusive remedy for breach of that warranty is for us to use reasonable efforts to correct the non-conformity. If we cannot, either party may terminate the affected subscription, and we will refund prepaid fees for the remaining term.
13.2 EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." AGENTTRAIL DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AGENTTRAIL DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT IT WILL PREVENT ANY PARTICULAR AGENT BEHAVIOR.
14. Limitation of Liability
14.1 NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. NEITHER PARTY WILL BE LIABLE FOR LOST PROFITS, REVENUE, OR DATA, OR FOR BUSINESS INTERRUPTION. THIS INCLUDES DAMAGES ARISING FROM ACTIONS TAKEN BY AGENTS, EVEN IF THE PARTY WAS ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
14.2 EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID OR OWED TO AGENTTRAIL IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100.
14.3 These limits do not apply to your payment obligations, to either party's indemnification obligations, or to liability that cannot be limited by law.
15. Indemnification
15.1 By AgentTrail. AgentTrail will defend you against third-party claims alleging that the Service, as we provide it, infringes a U.S. patent, copyright, or trademark, or misappropriates a trade secret. We will pay damages finally awarded against you, or settlements we agree to.
This obligation does not apply to claims arising from:
- Customer Data;
- Open-Source Components;
- third-party Agents;
- modifications not made by us; or
- combinations with products we did not provide.
If the Service is or may be held infringing, we may procure the right for you to keep using it, modify it so it does not infringe, or terminate and refund prepaid fees for the remaining term.
15.2 By you. You will defend AgentTrail against third-party claims arising from:
- your Customer Data;
- your use of the Service in violation of these Terms or law; or
- your Agents' actions.
You will pay damages finally awarded, or settlements you agree to.
15.3 Process. The indemnified party must promptly notify the other party of the claim, give it sole control of the defense and settlement, and provide reasonable cooperation. No settlement may impose obligations on the indemnified party without its consent.
16. Term, Termination, and General
16.1 Term. These Terms apply for as long as you use the Service.
16.2 Termination. You may cancel at any time from the Billing page in the Service. Cancellation takes effect at the end of your current billing term. Either party may terminate for material breach that remains uncured 30 days after written notice. We may terminate free accounts at any time.
16.3 Effect. On termination, your right to use the Service ends. For 30 days afterward you may ask us for a copy of your Customer Data. After that, we delete it within 30 days, except where law requires us to keep it. Copies in our automated database backups expire within a further 30 days. Sections 5.4, 5.5, and 10 through 17 survive termination.
16.4 Publicity. We may identify you as a customer by name and logo unless you opt out by emailing legal@agenttrail.sh. We will not issue case studies or quotes without your approval.
16.5 Assignment. Neither party may assign these Terms without the other's consent. However, either party may assign them without consent to a successor in a merger, acquisition, or sale of substantially all of its assets.
16.6 Other terms.
- Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
- Independent contractors. The parties are independent contractors.
- Entire agreement. These Terms, the DPA, and any Enterprise Agreement are the parties' entire agreement on this subject.
- Severability. If any provision is unenforceable, the rest of these Terms remain in effect.
- No waiver. Failing to enforce a provision is not a waiver of it.
- Export and sanctions. Each party will comply with applicable export control and sanctions laws.
17. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules. The state and federal courts located in New Jersey have exclusive jurisdiction, and both parties consent to venue there. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.
18. Changes and Contact
18.1 We may update these Terms. For material changes, we will give at least 30 days' notice by email or in the Service before they take effect. Continued use after that date means you accept the updated Terms. Changes do not apply retroactively. For paid Plans, material adverse changes take effect at your next renewal.
18.2 Notices to AgentTrail go to legal@agenttrail.sh and to AgentTrail, Inc., 420 Jackson Avenue, Dunellen, NJ 08812. We send notices to the email address on your account.