Terms of Service
These Terms of Service (the “Terms”) form a binding agreement between you (“you” or “Customer”) and Exhort Technologies LLC (“Exhort Technologies,” “we,” “us,” or “our”) and govern your access to and use of Hitch, our website, applications, APIs, and related services (collectively, the “Service”). By creating an account, accessing, or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.
1. Eligibility and accounts
You must be at least 18 years old and legally able to enter into a binding contract to use the Service. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, in which case “you” refers to both you and that organization. You are responsible for keeping your account credentials secure and for all activity that occurs under your account.
2. The Service and what it does
Hitch is a multi-agent AI platform that helps you configure, run, and oversee a team of AI agents that act on your behalf within the workspace you set up. The Service uses third-party large language models and other AI providers to generate content, plan actions, and execute tools you connect to it. You are responsible for reviewing the work the Service produces before you rely on it, publish it, send it to a customer, or take action based on it.
3. AI-generated output is not professional advice
Output produced by the Service may be inaccurate, incomplete, biased, outdated, or otherwise unsuitable for your purpose. The Service is not a substitute for legal, financial, tax, medical, accounting, or other professional advice. You are solely responsible for verifying any output before relying on it. We make no representation that AI-generated output is fit for any particular purpose, complies with applicable law, or is free of infringement.
4. Your content
You retain all rights in the content you submit to the Service (the “Customer Content”). You grant Exhort Technologies a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process Customer Content solely as needed to operate, maintain, secure, and improve the Service for you, including by transmitting it to the third-party AI and infrastructure providers we use to deliver the Service. We do not use Customer Content to train foundation models. You are responsible for the lawfulness of Customer Content and for ensuring you have the right to submit it.
5. Acceptable use
You agree not to, and not to permit any third party to:
- use the Service to violate any law, regulation, or third-party right;
- upload or generate content that is unlawful, infringing, defamatory, harassing, hateful, or sexually exploitative of minors;
- use the Service to send spam, deceptive communications, or unsolicited bulk messages;
- attempt to circumvent rate limits, access controls, approval gates, or audit logging built into the Service;
- reverse engineer, decompile, or attempt to extract the source code, models, prompts, or weights underlying the Service, except to the extent applicable law expressly permits;
- use the Service to develop a competing product or to benchmark it for that purpose;
- interfere with the Service’s integrity, security, or performance, or with any other user’s use of it;
- use the Service to make decisions that produce legal or similarly significant effects on individuals (for example, employment, credit, housing, or insurance decisions) without meaningful human review;
- use the Service in any high-risk setting where failure could result in death, personal injury, or severe environmental or property damage.
6. Third-party services and integrations
The Service relies on third-party providers (including AI/ML model providers, cloud infrastructure, email infrastructure, and integration platforms) and lets you connect third-party tools and accounts (collectively, “Third-Party Services”). Your use of any Third-Party Service is subject to that provider’s own terms and privacy policy, and Exhort Technologies is not responsible for the availability, accuracy, content, security, or behavior of any Third-Party Service. If a Third-Party Service is unavailable, slow, or returns an error, the Service may be unavailable, slow, or return an error in turn.
7. Fees
Some features of the Service may be offered free of charge, on a trial basis, or for a fee. If you subscribe to a paid plan, you authorize us (or our payment processor) to charge the payment method you provide on the billing terms presented at checkout. Fees are non-refundable except where required by law or expressly stated otherwise. We may change pricing on prospective renewal terms with reasonable notice. Taxes are your responsibility.
8. Suspension and termination
You may stop using the Service and close your account at any time. We may suspend or terminate your access at any time, with or without notice, if (a) you breach these Terms, (b) your use poses a security, legal, or reputational risk to Exhort Technologies or others, (c) we are required to do so by law or by a Third-Party Service, or (d) we discontinue the Service or any part of it. On termination, your right to use the Service ends. Sections that by their nature should survive termination (including ownership, disclaimers, limits of liability, indemnification, and dispute resolution) will survive.
9. Changes to the Service and to these Terms
We may add, change, suspend, or remove features of the Service at any time. We may update these Terms from time to time. If we make material changes, we will give reasonable notice (for example, by email to your account address or by posting a notice in the Service) and update the version and effective date above. Your continued use of the Service after the new Terms take effect constitutes your acceptance of them. If you do not agree to the new Terms, your sole remedy is to stop using the Service.
10. Disclaimer of warranties
THE SERVICE AND ALL OUTPUT, CONTENT, AND MATERIALS PROVIDED THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, EXHORT TECHNOLOGIES DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA STORED OR TRANSMITTED THROUGH THE SERVICE WILL NOT BE LOST, CORRUPTED, OR ALTERED. WE DO NOT WARRANT THAT THE OUTPUT OF THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
11. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EXHORT TECHNOLOGIES, ITS AFFILIATES, OR ITS LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, GOODWILL, BUSINESS, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED U.S. DOLLARS ($100).
THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU; IN THAT CASE, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Indemnification
You will defend, indemnify, and hold harmless Exhort Technologies and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your Customer Content, (b) your use of or inability to use the Service, (c) your breach of these Terms, (d) your violation of any law or third-party right, or (e) any action you take based on output produced by the Service. We may, at our option, assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense of that claim.
13. Intellectual property
The Service, including all software, models, prompts, designs, and documentation, is owned by Exhort Technologies or its licensors and is protected by intellectual property laws. Except for the limited right to use the Service granted in these Terms, you receive no rights in or to the Service. Feedback you provide is non-confidential, and you grant us a perpetual, irrevocable, royalty-free license to use it for any purpose without obligation to you.
14. Confidentiality
Each party will protect the other’s non-public information disclosed under or in connection with these Terms with at least the same degree of care it uses to protect its own confidential information of like kind, and will not disclose it except to its personnel and advisors who need to know and are bound by similar confidentiality obligations. This section does not apply to information that is or becomes public through no fault of the receiving party, was already known without restriction, is independently developed, or is rightfully received from a third party without restriction.
15. Governing law
These Terms are governed by the laws of the State of Wisconsin, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
16. Notice of dispute and informal resolution
Before initiating arbitration or any other formal proceeding, the party with a dispute, claim, or controversy arising out of or relating to these Terms or the Service (a “Dispute”) must first send the other party a written Notice of Dispute. The Notice must (a) describe the nature and basis of the Dispute, (b) identify the sender and the email address on the relevant account, and (c) state the specific relief sought. Notices to Exhort Technologies must be sent by email to customers@exhort.tech; notices to you will be sent to the email address on your account. The parties will then attempt in good faith to resolve the Dispute informally for thirty (30) days from delivery of the Notice. Neither party may commence arbitration (Section 17) or any other formal proceeding until that thirty-day period has expired. If a party files a proceeding before satisfying this requirement, the other party may move to dismiss the proceeding without prejudice. Any applicable statute of limitations and any deadline to file under the rules of the arbitration provider will be tolled during the informal resolution period.
17. Binding arbitration and class-action waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Subject to the Notice of Dispute and informal resolution requirement in Section 16, you and Exhort Technologies agree that any Dispute will be resolved by binding individual arbitration administered by JAMS under its then-current Streamlined Arbitration Rules and Procedures (or, if the amount in controversy exceeds JAMS’s threshold, its Comprehensive Arbitration Rules and Procedures). The arbitration will be conducted by a single arbitrator, in the English language, and seated in State of Wisconsin, United States (or, at your election, by remote/video proceedings). Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.
Class-action and jury-trial waiver. YOU AND EXHORT TECHNOLOGIES EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.
Carve-outs. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or other equitable relief in the state and federal courts located in Wisconsin to protect its intellectual property or confidential information. If a court finds the class-action waiver unenforceable as to a particular claim, that claim (and only that claim) will be severed and brought in the state and federal courts located in Wisconsin; the remainder of this arbitration agreement remains in effect.
30-day right to opt out. You may opt out of this arbitration agreement by emailing customers@exhort.tech within 30 days of first accepting these Terms, with the subject line “Arbitration Opt-Out” and your account email in the body. Opting out does not affect any other part of these Terms.
18. Export controls and sanctions
You represent that you are not located in, and are not a national or resident of, any country subject to a comprehensive U.S. embargo, and that you are not on any U.S. government list of prohibited or restricted parties. You agree to comply with all applicable export and sanctions laws.
19. Force majeure
Neither party will be liable for any failure or delay in performance to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, internet or telecommunications failures, third-party service outages, or pandemic.
20. Miscellaneous
These Terms, together with the Privacy Policy and any order forms or written agreements between us, constitute the entire agreement between you and Exhort Technologies regarding the Service and supersede any prior or contemporaneous agreements on the same subject. If any provision is held unenforceable, it will be modified to the minimum extent necessary to be enforceable, and the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver of the right to enforce it later. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, financing, or sale of assets. Notices to you may be sent to the email address on your account; notices to us must be sent to customers@exhort.tech.
21. Contact
Exhort Technologies LLC
Email: customers@exhort.tech