AgentCell Terms of Service

IMPORTANT NOTICE: These AgentCell Terms of Service contain an arbitration agreement, a class-action waiver, broad disclaimers of warranties, a broad limitation of liability, and an indemnity clause. Please read them carefully. By using AgentCell, you agree to these terms.

1. Agreement Overview

These AgentCell Terms of Service ("Terms") are a binding legal agreement between you ("User," "Customer," or "you") and [ATTORNEY: insert legal entity name] ("Company," "we," "us," or "our") governing your access to and use of the AgentCell service ("AgentCell" or the "Service"). AgentCell provides isolated, ephemeral coding-agent workspaces powered by Fly Machines and Chainguard container images. By creating a cell, subscribing to a plan, or otherwise using AgentCell, you agree to be bound by these Terms, the general Terms of Service, the Privacy Policy, and the Acceptable Use Policy, all incorporated by reference. If you do not agree, do not use AgentCell.

2. Description of AgentCell

AgentCell creates dedicated, isolated virtual machines ("cells") for coding agents. Each cell is provisioned on demand, runs a Chainguard base image, clones a customer-designated git repository, and operates on a dedicated branch. Cells are accessed through the AgentCell API and, in supported plans, through an MCP-compatible interface. We may change, suspend, or discontinue features at any time without notice.

3. Eligibility

You must be at least 18 years old and capable of forming a binding contract. You are responsible for maintaining the confidentiality of your account credentials, API keys, and cell access tokens, and for all activity occurring under your account, whether authorized by you or not. We may suspend or terminate accounts that violate these Terms or that we believe, in our sole discretion, present risk or legal exposure.

4. Prohibited Use

You may use AgentCell only for lawful, ethical software development, automation, and related legitimate purposes. You may not use AgentCell, and may not allow any agent or end user operating through your account to use AgentCell, for any of the following:

• Illegal activity. Any conduct that violates applicable local, state, federal, or international law, including fraud, money laundering, ransomware, theft, unauthorized access to systems, distribution of controlled substances, or trafficking in stolen data.
• Harm to people. Activities that threaten, incite, promote, or encourage violence, terrorism, physical harm, self-harm, or harassment of any individual or group.
• Abusive or exploitative content. Distribution, storage, or generation of child sexual abuse material, non-consensual intimate imagery, hate speech, or content that demeans individuals based on protected characteristics.
• Deception and fraud. Phishing, pharming, impersonation, social engineering, Ponzi or pyramid schemes, scams, deepfakes created to deceive or defraud, or synthetic media deployed without consent.
• Malware and attacks. Developing, distributing, or operating malware, viruses, worms, ransomware, spyware, botnets, denial-of-service tools, exploit kits, or any code intended to damage, disrupt, or gain unauthorized access to systems, accounts, or data.
• Circumvention. Bypassing digital rights management, technical protection measures, software licensing restrictions, authentication, rate limits, or access controls of any system.
• Privacy violations. Collecting, processing, or sharing personal information without lawful basis or required consent; scraping, harvesting, or surveilling individuals in violation of law or third-party terms.
• Unauthorized resource use. Cryptocurrency mining, password cracking, brute-force attacks, spamming, operating open proxies or Tor exit nodes, or any other disproportionately resource-intensive or harmful workload without our explicit written permission.
• Autonomous harm. Deploying agents designed to cause physical, financial, reputational, or operational harm to people, property, organizations, or critical infrastructure without explicit lawful authorization and human oversight.
• Intellectual property infringement. Using AgentCell to infringe, misappropriate, or violate any third-party copyright, patent, trademark, trade secret, or right of publicity.

This list is illustrative, not exhaustive. We reserve the right to take action against any use we determine violates the spirit or letter of these Terms.

5. Agent Responsibility and Human Oversight

You are solely responsible for the actions of any agent, bot, script, or automated system running inside your cells. Agents are not autonomous legal persons; you remain liable for their output, commands, and network activity. You must maintain meaningful human oversight, review agent-generated branches before merging or deploying, and ensure agents do not violate these Terms or any applicable law. You may not represent AgentCell output as human-created without disclosure where required by law or platform policy.

6. Your Content

You retain ownership of the code, data, prompts, and other materials you submit to or process through AgentCell ("User Data"). You grant us a limited license during the term of your access to host, store, transfer, display, perform, reproduce, modify for formatting purposes, and distribute User Data solely to provide AgentCell to you. You represent and warrant that your User Data and use of AgentCell will not violate these Terms, the Acceptable Use Policy, or any applicable law, and that you have all rights necessary to use your User Data.

7. Payments, Subscriptions, and Refunds

Fees are posted on the AgentCell pricing page. By subscribing, you authorize us to charge your payment method. Subscription fees are billed in advance and are non-refundable except as required by applicable law. You are responsible for all usage, overages, and charges incurred under your account, even if unauthorized, unless you notify us promptly of the unauthorized use.

8. No Warranties

AGENTCELL, INCLUDING ALL CELLS, BASE IMAGES, BRANCHES, LOGS, AND OUTPUT, IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND. WE DO NOT WARRANT THAT CELLS WILL BE SECURE, ERROR-FREE, UNINTERRUPTED, SUITABLE FOR ANY REGULATORY PURPOSE, OR FREE OF VULNERABILITIES. YOU ASSUME ALL RISK FOR REVIEWING, TESTING, AND VALIDATING ANY CODE OR OUTPUT PRODUCED BY YOUR CELLS BEFORE DEPLOYMENT.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF AGENTCELL. THE COMPANY'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID FOR AGENTCELL DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

10. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its owners, officers, employees, contractors, agents, affiliates, licensors, and suppliers from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of AgentCell, your User Data, your violation of these Terms or any law, or any activity under your account, whether authorized by you or not.

11. Suspension and Termination

We may suspend or terminate your access to AgentCell at any time, with or without cause or notice, including for any violation of these Terms or any applicable law. Upon termination, your right to use AgentCell ceases immediately. We may destroy your active cells and delete associated data. You are responsible for exporting any User Data you wish to retain before termination.

12. Dispute Resolution and Governing Law

Any dispute arising out of or relating to these Terms or AgentCell shall be resolved exclusively through final and binding arbitration in accordance with the general Terms of Service, except that either party may seek injunctive relief in court for intellectual property or unauthorized access claims. These Terms are governed by the laws of the State of Texas and, where applicable, federal law of the United States.

13. Changes to These Terms

We may modify these Terms at any time by posting a revised version on the website. The revised Terms will be effective immediately upon posting unless stated otherwise. Your continued use of AgentCell after changes are posted constitutes your acceptance.

14. Contact

For questions about these Terms or to report a violation, contact us at hello@vibecodingagency.com.

Last updated: August 16, 2026