Terms of Service

1. Scope & acceptance

These Terms of Service ("Terms") govern your access to and use of the Cosmic Stack website at cosmicstack.ai ("the Website") and any Cosmic Stack product or service that links to these Terms ("the Services"), including the Mercury Agent managed cloud service. By accessing the Website or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

If you are using the Services on behalf of an organization, you represent and warrant that you are authorized to bind that organization to these Terms, and "you" in these Terms refers to both you and that organization.

2. Definitions

• "Cosmic Stack," "we," "us," "our" — the entity operating the Services.
• "You," "your" — the user or the organization you represent.
• "Services" — the Website and any product or service we offer that links to these Terms, including the Mercury Agent cloud subscriptions.
• "Mercury Agent CLI" — the open-source, MIT-licensed command-line agent distributed via npm and GitHub.
• "Mercury Agent cloud" — the managed cloud subscription service for Mercury Agent, including Standard and Advanced tiers.
• "Subscription" — a paid, recurring plan for the Mercury Agent cloud service.

3. Website use

You may read, link to, and quote content on the Website for any non-commercial purpose, including research, journalism, and education, provided attribution is reasonable.

Commercial republication of substantial portions of original written work (research notes, blog posts) requires written permission — email press@cosmicstack.ai. Code samples published on the Website are MIT-licensed unless otherwise specified.

You agree not to:

• Scrape, crawl, or otherwise access the Website in a manner that materially affects site performance for other users. We block at the edge.
• Misrepresent your affiliation with Cosmic Stack or our products in any commercial or fundraising context.
• Attempt to gain unauthorized access to any portion of the Website, other accounts, or the systems on which it is hosted.
• Use the Website for anything illegal in California or the EU.

4. Mercury Agent open-source license

The Mercury Agent CLI is distributed under the MIT License. Your use of the CLI is governed by the MIT License, which is included in the repository and the npm package. The MIT License is permissive: you may use, copy, modify, merge, publish, distribute, sublicense, and sell copies of the CLI, provided you include the copyright notice and license text. The CLI is provided "as is," without warranty of any kind, as stated in the MIT License.

These Terms do not modify the MIT License under which the CLI is distributed. In the event of a conflict between these Terms and the MIT License for the CLI, the MIT License governs your use of the CLI itself.

5. Mercury Agent cloud subscriptions

The Mercury Agent cloud service is a managed, subscription-based product that provides cloud accessibility to the Mercury Agent runtime, managed access to supported LLM models, collaborative knowledge, and related features. Current pricing tiers and their features are listed on the Mercury Agent pricing page, which is incorporated into these Terms by reference.

By subscribing to a paid plan, you agree to:

• Provide accurate, current billing information and keep it up to date.
• Pay all charges incurred under your account at the rates in effect when the charges are incurred.
• Authorize us to charge your designated payment method on a recurring basis until you cancel, as described in section 14.
• Be responsible for all activity under your account and for safeguarding your credentials.

We may change our pricing on prospective notice as described in section 15. Price changes do not apply to a billing period that has already started; they take effect on your next renewal date after the notice period.

6. Billing & payment

• Subscription fees are billed monthly in advance, in USD, to the payment method you designate at signup.
• Advanced plan pay-as-you-go model usage is billed in arrears, metered per-token, and charged to your payment method on a monthly billing cycle.
• You authorize us to charge your payment method for recurring subscription fees and any metered usage until you cancel.
• If a payment fails, we will attempt to retry the charge and notify you. If the charge continues to fail, we may suspend or cancel your subscription. We will give you at least 10 days' notice before suspending for non-payment.
• All fees are non-refundable except as explicitly stated in our Refund Policy. If you cancel mid-cycle, you retain access until the end of the billing period you have already paid for.
• Taxes: you are responsible for any taxes applicable to your subscription. Where we are required to collect tax (e.g. VAT in certain jurisdictions), we will add it to your invoice.
• Billing questions: billing@cosmicstack.ai.

7. Acceptable use

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party agreement.
• Infringe the intellectual property, privacy, or other rights of any person or entity.
• Upload, store, or transmit malware, ransomware, or other malicious code.
• Attempt to reverse-engineer, decompile, disassemble, or otherwise derive the source code of the managed cloud service (the open-source CLI is excluded — its source is public under MIT).
• Abuse, overload, or otherwise impair the Services or any infrastructure used to deliver them, including by exceeding documented rate or concurrency limits.
• Resell, sublicense, or repackage the managed cloud service without written permission.
• Use the Services to develop, train, or improve a competing agent runtime or model-serving product without written permission.

We may suspend or terminate access for violations, and we will provide notice where lawful and practical.

8. Intellectual property

The Website, the Mercury Agent cloud service, and the Cosmic Stack brand identity (including the neon-underscore wordmark and visual system) are owned by Cosmic Stack and protected by copyright, trademark, and other applicable laws. These Terms do not grant you any right to use the Cosmic Stack brand except for reasonable editorial reference (e.g. "built with Mercury Agent").

Content you create using the Services — your code, prompts, Second Brain knowledge, and generated outputs — remains yours. We do not claim ownership of your content. We process your content only as necessary to provide the Services, as described in the Privacy Policy.

9. Confidentiality

We will treat your non-public business information disclosed through the Services as confidential and use it only to provide the Services. You agree to treat any non-public information we share with you (e.g. pre-release features, roadmap details) as confidential and not to disclose it without written permission.

10. Warranties & disclaimers

The open-source Mercury Agent CLI is licensed under MIT and provided "as is," without warranty of any kind, as stated in the MIT License.

The managed cloud service is provided on a commercially reasonable basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted or error-free, or that your use of the Services will produce any particular result.

11. Limitation of liability

To the maximum extent permitted by law, in no event will Cosmic Stack be liable for any indirect, incidental, special, consequential, or punitive damages, or any lost profits or lost revenue, arising out of or related to your use of the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been advised of the possibility of such damages.

Our total aggregate liability for all claims arising out of or related to these Terms or the Services will not exceed the amount you paid us for the Services in the 12 months preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

12. Indemnification

You will indemnify, defend, and hold harmless Cosmic Stack and its affiliates, officers, directors, employees, and agents from and against any third-party claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your content, (b) your violation of these Terms, or (c) your violation of any applicable law or third-party right. We will notify you of any such claim and may participate in its defense with counsel of our choosing.

13. Term & termination

These Terms are effective when you begin using the Services and continue until terminated. You may stop using the Services at any time. We may suspend or terminate your access if you violate these Terms, if we are legally required to, or if we discontinue the Services (with reasonable notice where practical).

On termination for any reason: (a) your right to use the Services ends; (b) we may delete your data after the retention windows in the Privacy Policy; (c) the open-source Mercury Agent CLI remains available to you under the MIT License — these Terms cannot terminate that license.

14. Cancellation of subscriptions

You may cancel a Mercury Agent cloud subscription at any time from your account settings or by emailing billing@cosmicstack.ai. Cancellation stops the next billing cycle. You retain access until the end of the current billing period you have already paid for. We do not provide automatic refunds for partial billing periods except where required by law or as described in the Refund Policy.

We may cancel or downgrade your subscription for material breach of these Terms, with prior notice and an opportunity to cure where practical. If we cancel your subscription without cause, we will refund the unused, prepaid portion of your current billing period.

15. Modifications

We may modify these Terms from time to time. We will note material changes here and update the "Last updated" date at the top. Substantive changes that affect your rights or obligations will be communicated by email to affected customers at least 30 days before they take effect. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.

Pricing changes are prospective only and are described in section 5. They take effect on your next renewal date after the notice period.

16. Governing law & disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms or the Services will be resolved in the state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts.

Before filing a claim, you agree to contact us in good faith at legal@cosmicstack.ai and attempt to resolve the dispute informally for at least 30 days.

17. Trademarks

"Cosmic Stack," "Mercury Agent," and "Sav.ink" are trademarks of Cosmic Stack. The neon-underscore wordmark and visual identity are protected under copyright. Reasonable editorial use (e.g. in press coverage or in an "built with" credit) is welcome; commercial use requires written permission.

18. General

• Entire agreement. These Terms (together with the documents referenced herein, including the Privacy Policy, Refund Policy, and pricing page) are the entire agreement between you and Cosmic Stack for the Services.
• Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.
• Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force.
• No waiver. Our failure to enforce a right is not a waiver of that right.
• Third-party links. The Services may link to external sources. We are not responsible for the content, policies, or practices of those sites, and including a link does not imply endorsement.

19. Contact

Questions about these Terms: hello@cosmicstack.ai.

Legal counsel correspondence: legal@cosmicstack.ai.

Billing and cancellation requests: billing@cosmicstack.ai.