Terms of Service

1. Introduction

These Terms of Service (“Terms”) constitute a legal agreement between you and JackHamr Technologies Ltd. (“JackHamr,” “we,” or “us”). By using our website at jackhamr.ai (the “Site”) and our AI agent orchestration platform (the “Service”), you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

We may update these Terms from time to time. We will notify you of material changes by posting a notice on our Site or through the Service. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

2. Definitions

• Credits — Units of pre-paid value used to pay for Service usage.
• Agent — An AI-powered autonomous process that performs tasks on your behalf within the Service.
• Infrastructure — Compute resources (CPU, RAM, storage, network) consumed by your Agents.
• LLM Tokens — Tokens consumed by large language model providers (e.g., GPT-5.3-Codex, Claude Opus 4.7, Gemini 3.5, GLM-5.1, Kimi K2.6) when your Agents process tasks.
• Customer Data — All data, code, prompts, and content you upload or generate through the Service.
• AI Output — Code, text, or other content generated by Agents in response to your instructions.

3. Account Registration & Eligibility

You must be at least 18 years old to create an account. You agree to provide accurate and complete information during registration and to keep your account information current. You are responsible for maintaining the security of your account credentials and for all activities that occur under your account.

4. License & Use Restrictions

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service.

You agree not to:

• Reverse-engineer, decompile, or disassemble any part of the Service.
• Use the Service to compete with or build a substantially similar product.
• Share your account credentials with others.
• Use the Service for any unlawful purpose or in violation of any applicable law.
• Attempt to circumvent usage metering, billing, or security measures.

Your Agents act on your behalf. You are solely responsible for all actions taken by your Agents, including any code they generate, modify, or deploy.

5. Service Description & AI Disclaimer

The Service provides AI agents that can autonomously plan, build, test, review, and deploy software. AI Output may contain errors, security vulnerabilities, or produce unintended results. You must review all AI Output before using it in production.

We do not guarantee that AI Output will be unique, accurate, complete, or suitable for any particular purpose. The Service is provided “as is” and “as available” without warranties of any kind, either express or implied.

You must not use the Service for high-risk applications — including medical diagnosis, legal advice, financial trading, or safety-critical systems — without appropriate safeguards and professional review.

6. Billing & Payments

6.1 Credits

Credits may be purchased at any time. Credits are consumed in real time as your Agents use Infrastructure and LLM Tokens.

6.2 Usage Metering

Infrastructure is billed based on the resources your Agents consume: vCPU (per vCPU-hour), RAM (per GB-hour), SSD storage (per GB-month), network egress (per GB), and network ingress (free). LLM Tokens are billed at the AI provider’s published rates with zero markup. Current rates are published on our pricing pageand may change from time to time. When an Agent is paused, CPU and RAM charges stop immediately; only storage continues to accrue.

6.3 Non-Refundable

Credits purchased by you do not expire. Infrastructure and LLM costs are incurred at the time of use and cannot be reversed. Once compute resources have been consumed, the corresponding Credits are consumed and cannot be returned, refunded, or exchanged.

6.4 Bring Your Own Keys

You may configure your own AI provider API keys (“BYOK”). When BYOK is active, LLM Token costs are billed directly by the provider at their published rates and do not appear on your JackHamr invoice. You are responsible for compliance with the provider’s terms of service when using your own keys.

6.5 Payment Processing

Payments are processed by Stripe, Inc. By making a purchase, you agree to Stripe’s terms of service. Charges will appear on your card statement as “JACKHAMR *jackhamr.ai.” All prices are in USD and exclusive of applicable taxes, which you are responsible for paying.

6.6 Invoices

Invoices are generated monthly and itemized by resource type (CPU, RAM, storage, network, LLM tokens per model). Invoice history is available in your account dashboard.

7. Chargeback & Dispute Policy

This section is critical. Please read it carefully.

7.1 Contact Support Before Filing a Chargeback

If you have a billing concern, you must contact our support team at [email protected] before filing a chargeback with your bank or card issuer. We respond to all billing inquiries within 24 hours and will work with you to resolve the issue.

7.2 Chargebacks for Consumed Services

Filing a chargeback for services you have already consumed violates these Terms. Credits are non-refundable (see §6.3), and infrastructure costs are incurred at the time of use. If you file a chargeback without first contacting support, we will:

• Suspend your account pending resolution.
• Present evidence of your Terms acceptance, billing acceptance, and usage logs to your card issuer as part of the representment process.
• Reserve the right to pursue the disputed amount plus a $25.00 USD chargeback processing fee through collections.
• Reserve the right to permanently close your account.

7.3 Evidence of Agreement

When you create an account, we record your acceptance of these Terms including the timestamp, your IP address, your user agent, and the version of these Terms you agreed to. When you make a purchase, we record a second acceptance of our Billing Policy including the same details. These records serve as binding evidence that you agreed to these Terms and our billing practices.

7.4 Usage Logs

We maintain detailed logs of your Service usage including session times, compute resources consumed, and LLM tokens processed. These logs are retained for a minimum of 18 months and serve as proof of service delivery in the event of a dispute.

8. Cancellation & Termination

8.1 By You

You may cancel your account at any time through your account settings. Upon cancellation, any remaining Credits will remain available in your account — purchased Credits do not expire. Any promotional or free Credits we may grant expire 12 months after they were issued.

8.2 By Us

We may terminate or suspend your account immediately if you breach these Terms (including filing a chargeback in violation of §7). We may terminate for convenience with 30 days’ notice, in which case you may use remaining Credits through the notice period.

8.3 Survival

The following provisions survive termination: intellectual property (§9), data & privacy (§10), indemnification (§11), limitation of liability (§12), dispute resolution (§13), and chargeback & dispute policy (§7).

9. Intellectual Property

You own your Customer Data and AI Output, subject to any third-party rights in underlying AI models. JackHamr owns the Service, including all software, design, and documentation.

You grant us a limited, non-exclusive license to use your Customer Data to provide and improve the Service. We do not currently use Customer Data to train our AI models. If we introduce model training in the future, we will provide notice and the ability to opt out before your data is used.

If you provide feedback or suggestions about the Service, you grant us a royalty-free, perpetual, irrevocable license to use that feedback in any way.

10. Data & Privacy

Our collection and use of personal information is governed by our Privacy Policy. You must not upload sensitive personal data (health records, financial account numbers, government IDs) to the Service without appropriate encryption and access controls.

If you use BYOK, you are responsible for ensuring your use of the third-party AI provider complies with that provider’s data processing terms and any applicable privacy laws.

Upon account cancellation, you may export your Customer Data for 30 days. After 30 days, we will delete your Customer Data from our active systems. We may retain archived backups for up to 90 additional days for security and legal compliance purposes, after which they are permanently deleted.

11. Indemnification

You agree to indemnify and hold harmless JackHamr from any claims, damages, or expenses arising from: (a) your misuse of the Service; (b) your violation of these Terms; (c) your Content infringing on third-party intellectual property; or (d) your use of AI Output in a manner that causes harm.

12. Limitation of Liability

To the maximum extent permitted by law, JackHamr shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or business interruption. Our total liability shall not exceed the greater of (a) the amount you paid to JackHamr in the six (6) months preceding the claim, or (b) $500.00 USD.

We are not liable for outages, errors, or delays caused by third-party AI providers, cloud infrastructure providers, or other services we depend on.

13. Dispute Resolution

13.1 Binding Arbitration

Any dispute arising from these Terms shall be resolved by binding arbitration administered by the ADR Institute of Canada (“ADRIC”) under its National Arbitration Rules. The arbitration shall be conducted in English, in Vancouver, British Columbia, and the arbitrator’s decision is final and binding.

13.2 Opt-Out Right

You may opt out of arbitration by sending written notice to [email protected] within 30 days of first accepting these Terms. If you opt out, disputes will be resolved in the courts described in §14.

13.3 Class Action Waiver

You agree to resolve disputes with us on an individual basis only. Class actions, class arbitrations, and representative actions are not permitted. You may bring claims only on your own behalf.

13.4 Small Claims Court

Either party may bring claims in small claims court as an alternative to arbitration, provided the claim qualifies.

14. Governing Law

These Terms are governed by the laws of the Province of British Columbia, Canada, without regard to conflict-of-law principles. For any court proceedings (if arbitration is opted out or not applicable), the courts of Vancouver, British Columbia shall have exclusive jurisdiction.

15. General Provisions

• Assignment. You may not assign these Terms or your account without our written consent. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of assets.
• Severability. If any provision is found unenforceable, the remaining provisions remain in effect.
• Waiver. Failure to enforce a right does not constitute a waiver of that right.
• Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and JackHamr regarding the Service.
• Export Controls. You may not use the Service if you are located in a country subject to comprehensive sanctions by the Government of Canada, the United States, or the United Nations Security Council, or if you are an individual or entity listed on any applicable sanctions list. You must comply with all applicable export control and sanctions laws.
• Force Majeure. We are not liable for delays or failures caused by circumstances beyond our reasonable control.

16. Contact

If you have questions about these Terms, please contact us at [email protected].

For billing inquiries, contact [email protected]. We respond within 24 hours.