Terms of Service
Version 1.0 - Last revised: July 20, 2025
Welcome to Cagen, the AI-native organization operating system that transforms how humans and AI collaborate to create extraordinary things.
The Cagen platform and services accessible at cagen.ai and through our applications (collectively, the “Platform”) are provided by Emagen AI, Inc. (“Company”, “Emagen”, “us”, “our”, and “we”). Certain features of the Site and our services (collectively, the “Services”) may be subject to additional guidelines, terms, or rules, which will be posted in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Service (these “Terms”) set forth the legally binding terms and conditions that govern your use of the Cagen Platform and all associated services. By accessing or using the Cagen Platform or Services, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You may not access or use the Site or Services or accept these Terms if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access and/or use the Site or Services.
PLEASE BE AWARE THAT SECTION 11.2 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND COMPANY. AMONG OTHER THINGS, SECTION 11.2 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 11.2 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 11.2 CAREFULLY.
1. The Cagen Service
1.1 Service Description
Cagen is an AI-powered platform that enables organizations to create, deploy, and manage AI agents and automated workflows. Our Services include:
- AI Agent Creation and Management: Tools to build, customize, and deploy AI agents with various capabilities
- Cagen Store: A marketplace where creators can publish and monetize their AI agents and actions, and where users can discover and subscribe to AI-powered solutions
- Concurrent Action Execution: Infrastructure that allows multiple AI actions to run simultaneously
- Organization Memory: Systems that help AI agents learn and improve from organizational data and interactions
- Collaboration Tools: Features that enable seamless human-AI collaboration
1.2 AI Technology Acknowledgment
You acknowledge that:
- Cagen utilizes frontier AI technology that is continually evolving
- AI-generated outputs may not always be accurate, complete, or appropriate for your specific use case
- You are responsible for reviewing and validating any AI-generated content before use
- AI agents may have limitations in complex reasoning, creative tasks, or nuanced understanding
2. Accounts
2.1 Account Creation
To use certain features of the Services, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) you are legally capable of entering into these Terms. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account in accordance with Section 9.
2.2 Account Responsibilities
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2.3 Organization Accounts
If you create an Account on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. The organization will be responsible for all actions taken under the Account.
3. Subscriptions and Payments
3.1 Subscription Plans
Cagen offers various subscription plans with different levels of concurrent actions, storage, and features:
- Genesis: For individuals and pioneers of AI-native creation
- Evolution: For teams evolving their collaborative intelligence
- Singularity: For organizations approaching the AI transformation inflection point
- Enterprise: Custom solutions for industry-leading innovation
Each plan includes specified limits on concurrent actions, team members (human and AI), memory storage, and other resources as described on our pricing page.
3.2 Payment Terms
- Subscriptions are billed monthly or annually in advance
- All fees are non-refundable except as required by law or as explicitly stated in these Terms
- We reserve the right to change our pricing with 30 days’ notice
- You are responsible for all applicable taxes
3.3 Cagen Store Transactions
When you purchase AI agents or actions from the Cagen Store:
- You are entering into a license agreement with the creator of that agent/action
- Pricing is set by creators and may vary
- We facilitate payment processing but are not a party to the transaction
- Refund policies are determined by individual creators
- We retain a platform fee from each transaction
4. Use of Services
4.1 License
Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own lawful purposes.
4.2 Restrictions
You shall not:
- Use the Services to develop competing AI platforms or services
- Reverse engineer, decompile, or attempt to discover the source code of the Services
- Use the Services for any illegal, harmful, or malicious purposes
- Violate any applicable laws or regulations
- Interfere with or disrupt the integrity or performance of the Services
- Attempt to gain unauthorized access to any portion of the Services
- Use the Services to create or distribute malware, spam, or harmful content
- Impersonate any person or entity
- Sell, resell, or commercially exploit the Services without authorization
4.3 AI Agent Usage
When using AI agents through our Services:
- You are responsible for all outputs generated by agents under your Account
- You must not use agents to generate illegal, harmful, or deceptive content
- You acknowledge that agent outputs may require human review and validation
- You retain ownership of your inputs but grant us license to process them
- We are committed to protecting your privacy and giving you control over your data
5. User Content and AI Agents
5.1 User Content
“User Content” means any and all information, data, text, code, or other materials that you submit to or use with the Services. You are solely responsible for your User Content and assume all risks associated with its use.
5.2 Rights in User Content
You retain all rights to your User Content. By submitting User Content, you grant Company a worldwide, non-exclusive, royalty-free license to use, process, and display your User Content solely to provide the Services to you.
5.3 AI Agent Creation
If you create AI agents or actions for the Cagen Store:
- You retain ownership of your creations
- You grant users who purchase/subscribe to your agents the right to use them per your specified terms
- You are responsible for ensuring your agents comply with all applicable laws
- You must not create agents that infringe on third-party rights
- We may remove agents that violate these Terms or our content policies
5.4 Creator Revenue
Creators who sell agents or actions through the Cagen Store:
- Set their own prices and terms
- Receive payment per our creator payment terms
- Are responsible for their own taxes on earnings
- Must comply with our creator guidelines and quality standards
6. Privacy and Data Security
6.1 Privacy Policy
Your use of the Services is subject to our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy at cagen.ai/privacy to understand how we collect, use, and protect your information.
6.2 Data Processing
We process data to provide the Services, including:
- Running AI agents and actions
- Storing organizational memory
- Facilitating Store transactions
- Providing customer support and ensuring security
With your permission (which you can control in your account settings), we may also analyze anonymized usage patterns to improve the Cagen experience. You always maintain complete control over whether and how your data contributes to service improvements.
6.3 Security
We implement industry-standard security measures to protect your data, including:
- Encryption at rest and in transit
- Access controls and authentication
- Regular security audits and monitoring
- Isolated execution environments for AI agents
While we strive for the highest security standards, you acknowledge that no system is completely immune to all risks. We maintain a security page at cagen.ai/security with more details about our security practices.
7. Intellectual Property
7.1 Company IP
The Services, including all associated intellectual property rights, are owned by Company or our licensors. These Terms do not grant you any rights to our intellectual property except the limited license to use the Services.
7.2 Feedback
If you provide feedback or suggestions about the Services, we may use this information without obligation to you.
7.3 Third-Party Content
The Services may include third-party content or links. We are not responsible for such third-party content.
8. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
AI TECHNOLOGY DISCLAIMER: YOU ACKNOWLEDGE THAT AI OUTPUTS MAY BE INACCURATE, INCOMPLETE, OR INAPPROPRIATE. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR SUITABILITY OF ANY AI-GENERATED CONTENT. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND USING AI OUTPUTS.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.
10. Indemnification
You agree to indemnify and hold harmless Company and its officers, directors, employees, and agents from any claims, disputes, demands, liabilities, damages, losses, and costs, including reasonable legal fees, arising out of or in any way connected with: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party rights.
11. General Terms
11.1 Modifications
We may modify these Terms at any time. We will notify you of material changes via email or through the Services. Your continued use after such notice constitutes acceptance of the modified Terms.
11.2 Dispute Resolution
Arbitration Agreement: You and Company agree that any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration, except that either party may seek injunctive relief for intellectual property violations.
Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to participate in class actions.
Governing Law: These Terms are governed by Delaware law, excluding conflict of law principles.
11.3 Export Controls
You may not use the Services in violation of U.S. export laws and regulations.
11.4 Termination
We may suspend or terminate your access to the Services at any time for any reason. Upon termination, provisions that by their nature should survive will remain in effect.
11.5 Entire Agreement
These Terms constitute the entire agreement between you and Company regarding the Services.
11.6 Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
11.7 Severability
If any provision of these Terms is found invalid, the remaining provisions will continue in effect.
11.8 Contact Information
Emagen AI, Inc.
1111B S Governors Ave
STE 34529
Dover, Delaware 19904
Email: hello@emagen.ai
Phone: 208-210-4862
11.9 DMCA/Copyright Policy
We respect the intellectual property rights of others. If you believe that any content on our platform infringes your copyright, please send a notice to our designated Copyright Agent:
DMCA Agent Information:
- Name: Yimao Zhou
- Organization: Emagen AI, Inc.
- Address: 1111B S Governors Ave, STE 34529, Dover, DE 19904
- Phone: 208-210-4862
- Email: dmca@emagen.ai
- DMCA Registration Number: DMCA-1064092
Your notice should include:
- Your physical or electronic signature
- Identification of the copyrighted work claimed to be infringed
- Identification of the allegedly infringing material
- Your contact information
- A statement of good faith belief
- A statement of accuracy under penalty of perjury
We will respond to valid DMCA notices by removing or disabling access to allegedly infringing content.
By using Cagen, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.
© 2025 Emagen AI, Inc. All rights reserved.