1. Your agreement with us
These Terms are an agreement between you and Mari Zumbro, operating AgentMarkit (“AgentMarkit,” “we,” or “us”). They apply to agent setup, hosting, starter packs, updates, support, and related services we provide.
By checking the Terms box and using AgentMarkit, you agree to these Terms and acknowledge the Privacy Policy. You must be at least 18 and legally able to enter this agreement. If you use AgentMarkit for an organization, you confirm that you can bind it.
2. What AgentMarkit provides
AgentMarkit helps you start and operate a Hermes agent on a hosted cloud machine. Depending on your order, we may provision the machine, install an AgentMarkit starter and selected add-ons, connect a model you choose, provide updates, and help troubleshoot the supported setup.
This is an early product. Features, integrations, starter contents, and upstream software may change. We may refuse or pause a setup we cannot operate safely or lawfully.
3. Price, renewal, and outside costs
The checkout page or written order shows the price, billing interval, included support, and renewal terms for your purchase. Unless checkout says otherwise, hosted plans renew monthly until canceled. Taxes may apply.
Model usage and paid third-party accounts are separate. They may charge you directly. Scheduled jobs and automated loops can continue using a model or integration when you are not actively chatting, so you are responsible for the budgets and limits on accounts you connect.
You may cancel future AgentMarkit renewals through the contact form before the next billing date. Choose “Cancel hosting.” Deleting a machine alone does not cancel billing. Unless an order says otherwise, fees already charged are nonrefundable except where required by law. If the supported starter cannot perform its published starting workflow, contact us promptly. We may repair it, extend service, or refund the affected AgentMarkit fee.
4. You control what the agent can use
You choose the model, files, accounts, integrations, and permissions connected to the agent. Start with the least access it needs. You are responsible for having the right to provide that information and authorize actions in connected accounts.
An agent can make mistakes or misunderstand instructions. Review important outputs and require approval before sending messages, moving money, filing forms, deleting information, publishing content, or taking other consequential actions. You are responsible for actions you approve or configure the agent to take.
5. Our technical access is not blanket permission to read
AgentMarkit and Agent37 have privileged technical access to hosted machines for provisioning, updates, security, restarts, support, and deletion. A workspace is not end-to-end encrypted from us. That means we may technically be able to access its files, prompts, outputs, memory, configuration, credentials, and connected-tool data.
We do not routinely read private workspace material. If ordinary debugging requires human review, we will separately tell you what machine and material we need, why, whether we need read-only or change access, and for how long. We wait for your written approval. Accepting these Terms is not that approval.
You can withdraw support permission before the work is finished. We may retain a record of the request, permission, operator, time, and changes made. We may access without advance permission only when reasonably necessary to stop an active security incident, protect the service or another person, or comply with law.
6. Hermes can change itself
Hermes agents may edit instructions, skills, files, configuration, or code when their tools and permissions allow it. Your prompts, installed skills, model choice, dependency upgrades, and agent-created changes can alter behavior or break a previously working setup.
AgentMarkit supports the published starter baseline and the ordinary use described for it. Normal prompting does not automatically end support. But we do not guarantee that every customized or self-modified state will remain compatible forever. To diagnose a problem, we may need to reproduce it against a clean copy or restore a known checkpoint with your permission.
A restore cannot undo every outside action. It cannot unsend a message, reverse a payment, or erase information already sent to another service. We will not perform a destructive reset without your approval.
7. Agent37 and other dependencies
Hosted AgentMarkit machines currently rely on infrastructure supplied by Agent 37 Inc. Agent37 can provision, operate, maintain, back up, and delete the underlying machine and may have infrastructure-level access. AgentMarkit is still the party providing the AgentMarkit service to you unless your order says that you are contracting with Agent37 directly.
The service also depends on Cloudflare, Stripe, Resend, your chosen model provider, open-source projects, and any integrations you connect. Their outages, API changes, account decisions, and terms can affect your agent. We are responsible for our own work, but we cannot guarantee an outside service.
8. Your content, our starters, and portability
You keep ownership of the content you provide. You give us a limited permission to process it only as needed to provide, secure, and support the service.
Open-source components remain governed by their published licenses. For AgentMarkit-authored starter files and custom configuration delivered to you, we grant you a perpetual, worldwide, non-exclusive, royalty-free license to use, copy, modify, and run those files for your personal or internal business purposes, including on another host. This license survives the end of hosting. It does not let you sell or sublicense an AgentMarkit-branded starter as a standalone product unless a separate license permits that.
When we say a starter is portable or “yours to take,” we mean you can export the files we identify as portable and run them elsewhere under the license above and any applicable third-party licenses. That does not include ownership of Agent37 infrastructure, third-party accounts, non-exportable vendor services, or someone else's content. Until a starter carries a named open-source license, “portable” does not mean the entire package is open source.
You may share feedback separately if you want to. We will not treat your private prompts, files, or Google-derived data as product feedback simply because you use the service.
9. Acceptable use
Do not use AgentMarkit to break the law, invade privacy, bypass security, send spam, deceive people about who is communicating, distribute malware, exploit minors, infringe rights, or make high-impact decisions about another person without appropriate human review. Do not interfere with the service or use another person's account or data without permission.
We may suspend access when reasonably necessary to address abuse, security risk, nonpayment, or a legal requirement. When practical, we will explain the problem and give you a chance to fix it.
10. AI limits and professional decisions
Agent outputs can be wrong, incomplete, stale, or confidently misleading. AgentMarkit is not a law firm, accounting firm, medical provider, investment adviser, or fiduciary. A starter may help organize information, but it does not replace a qualified professional. Verify financial records, filings, legal conclusions, research citations, and other important work before relying on it.
11. Ending the service and taking your work
You may stop using the service and request deletion of your machine. Before deletion, export anything you want to keep. Machine deletion is intended to be permanent after the infrastructure provider's short recovery period. It does not automatically revoke outside integrations, cancel a subscription, or undo agent actions.
We may end a discontinued plan or the service with reasonable notice when practical. If we end a paid period for reasons other than your breach, we will provide a reasonable export opportunity and an appropriate prorated refund or service credit.
12. Warranties and liability
We will provide the service with reasonable care. Except for promises expressly made in these Terms or an order, the service is provided “as is” and “as available.” To the extent the law allows, we disclaim implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
To the extent the law allows, AgentMarkit is not liable for indirect, incidental, special, consequential, or punitive damages, lost profits, lost opportunities, or losses caused by an action you configured or approved. Our total liability arising from the affected service will not exceed the greater of $1,000 or the AgentMarkit fees you paid for that service during the previous 12 months.
These limits do not apply where the law does not allow them, or to liability that cannot legally be limited. Nothing here removes consumer rights that cannot be waived.
13. Changes and disputes
We may update these Terms as the service changes. We will post the new date and give reasonable notice of material changes. New terms apply prospectively unless law requires otherwise.
If there is a problem, use the contact form first so we can try to resolve it. These Terms are governed by applicable law, without taking away mandatory rights you have where you live. We do not require private arbitration or waive class-action rights in these Terms.
14. Contact
Use the contact form and choose the topic closest to your question.