Terms of Use
Cinchapi, Inc.
Effective Date: February 17, 2026
1. Acceptance of Terms
These Terms of Use (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and Cinchapi, Inc. (“Cinchapi,” “we,” “our,” or “us”) governing your access to and use of all Cinchapi products, services, applications, platforms, websites, APIs, and related technologies, including those available at https://cinchapi.com and https://api.cinchapi.com (collectively, the “Services”).
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use our Services.
If you are using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and “you” refers to both you individually and such entity.
2. Eligibility
You must be at least thirteen (13) years of age to use our Services. Our Services are not directed to, or intended for, children under 13, and we do not knowingly collect personal data from children under 13.
Users between the ages of thirteen (13) and eighteen (18) must have permission from their parent or legal guardian to use the Services. By permitting a minor to use the Services, the parent or guardian agrees to be bound by these Terms on behalf of the minor and assumes full responsibility for the minor’s use of the Services, including all financial charges and legal liability.
By using the Services, you represent and warrant that you meet the applicable age requirements described above and have the legal capacity (or parental/guardian consent) to enter into these Terms. If you do not meet these requirements, you are not authorized to use the Services.
3. Account Registration and Security
To access certain features of the Services, you may be required to create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information to keep it accurate and current
- Maintain the confidentiality of your account credentials and restrict access to your account
- Accept responsibility for all activities that occur under your account
- Notify Cinchapi immediately of any unauthorized use of your account or any other breach of security
Cinchapi reserves the right to suspend or terminate your account if any information provided is inaccurate, misleading, or incomplete, or if we reasonably believe your account has been compromised.
4. Description of Services
Cinchapi provides an AI-powered operating system and related products that deliver intelligent capabilities — including autonomous AI agents, AI assistants, AI analysts, and AI-powered chat, coding, and analytics tools — to help you perform tasks, manage workflows, analyze data, and interact with connected systems. Our Services are available to both individual consumers and business customers, and may include, but are not limited to:
- AI agents, assistants, and analysts
- AI-powered chat, coding, and analytics tools
- Workflow automation and orchestration tools
- Data connectors, integrations, and APIs
- Monitoring, reporting, and analytics capabilities
- Developer tools, SDKs, and documentation
The specific features and capabilities available to you may vary depending on your subscription plan, service tier, or contractual arrangement with Cinchapi.
4.1 Beta and Preview Features
From time to time, Cinchapi may offer access to features, services, or functionality that are designated as beta, preview, experimental, or early access (“Beta Features”). Beta Features are provided “as is” and may be modified, suspended, or discontinued at any time without notice. Cinchapi makes no warranties or commitments regarding the availability, performance, or reliability of Beta Features, and Beta Features may not be covered by customer support or service level commitments. Your use of Beta Features is at your own risk, and Cinchapi shall have no liability arising from your use of Beta Features.
5. Usage Limits and Fair Use
Access to the Services is subject to usage limits determined by your subscription plan or service tier. Usage allocations may govern, without limitation, the following:
- The number of AI agent tasks, requests, or operations permitted within a given period
- The volume of data that may be processed, stored, or transmitted through the Services
- Access to specific AI models, features, and capabilities
- API call limits and rate limits
- The number of connected integrations or data sources
- The number of authorized users or seats on the account
Current plan limits and allocations are published on the Cinchapi website or set forth in your applicable order form or enterprise service agreement.
5.1 Exceeding Usage Limits
If your usage exceeds the limits included in your subscription plan, Cinchapi reserves the right, at its sole discretion, to take one or more of the following actions:
- Throttle or rate-limit requests to reduce usage to levels consistent with your plan’s allocations
- Temporarily or permanently restrict access to certain features, AI models, or capabilities
- Prioritize requests from users operating within their plan limits, resulting in queuing or delayed processing of your requests
- Downgrade your access to a lower service tier until usage normalizes or you upgrade to an appropriate plan
- Suspend certain functionality until the commencement of the next billing cycle
Cinchapi will make commercially reasonable efforts to provide notice of impending or active usage restrictions through in-application notifications, email, or account dashboard alerts. However, in cases where excessive usage materially impacts other users or the stability of the Services, Cinchapi may take immediate action without prior notice.
5.2 Overage Fees
Depending on your subscription plan, overage fees may apply when usage exceeds included allocations. Applicable overage rates will be specified on the pricing page for your plan, in your order form, or in your enterprise service agreement. Cinchapi reserves the right to charge overage fees automatically to the payment method on file. You may avoid overage charges by upgrading to a plan with higher usage limits before exceeding your current allocations.
5.3 Fair Use Policy
All subscription plans are subject to a fair use policy. Plans are designed and priced based on typical usage patterns for their respective tiers, and Users are expected to use the Services in a manner consistent with the intended purpose of their selected plan. The following activities are prohibited:
- Use of automated scripts, bots, or processes designed to generate excessive load on the Services or to circumvent usage limits
- Sharing account credentials or access across multiple individuals or entities beyond the number of authorized seats included in the plan
- Systematic exploitation of free tiers, trial periods, or promotional offers in a manner inconsistent with their intended purpose
- Any pattern of usage that Cinchapi reasonably determines is intended to evade or undermine usage-based pricing
Cinchapi reserves the right to define and enforce fair use thresholds at its discretion. Cinchapi further reserves the right to modify plan limits, usage allocations, and fair use policies with reasonable notice to affected Users. Continued use of the Services following notification of such changes constitutes acceptance of the modified terms.
6. Acceptable Use
You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not:
- Use the Services to violate any applicable federal, state, local, or international law or regulation
- Use the Services to infringe upon the intellectual property rights, privacy rights, or other rights of any third party
- Transmit or process any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
- Attempt to gain unauthorized access to the Services, other user accounts, or any connected systems or networks
- Interfere with or disrupt the integrity, performance, or availability of the Services or related infrastructure
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services
- Use the Services to build a competitive product or service, or to benchmark the Services for competitive purposes without prior written consent
- Use the Services to generate, distribute, or facilitate spam, malware, phishing, deepfakes, or other deceptive or malicious content
- Circumvent, disable, or otherwise interfere with any security or access control features of the Services
- Use AI agents, assistants, analysts, or automations in a manner that could cause harm to individuals, organizations, or systems
- Scrape, crawl, or use automated means to extract data from the Services except through authorized APIs
- Use the Services to generate content that facilitates illegal activity, harassment, or discrimination
Cinchapi reserves the right to investigate and take appropriate action against any User who violates these provisions, including suspending or terminating access and reporting to law enforcement authorities.
7. Sensitive and Regulated Data
The Services are not designed or intended for the processing or storage of sensitive regulated data, including but not limited to protected health information (PHI) as defined under HIPAA, Social Security numbers, financial account numbers, government-issued identification numbers, or other data subject to specific industry-specific regulatory requirements.
While Cinchapi does not actively block the submission of such data, you acknowledge and agree that:
- You submit any sensitive or regulated data to the Services entirely at your own risk
- Cinchapi makes no representations or warranties regarding its compliance with HIPAA, PCI-DSS, FERPA, or other industry-specific regulatory frameworks with respect to such data
- You are solely responsible for ensuring that your use of the Services complies with all applicable laws and regulations governing the processing, storage, and transmission of sensitive or regulated data
- Cinchapi shall not be liable for any failure to meet regulatory requirements applicable to data you submit to the Services
If you require specialized data handling for regulated data, please contact us to discuss enterprise arrangements that may address your specific compliance needs.
8. AI-Specific Terms
8.1 Nature of AI Outputs
The Services utilize artificial intelligence technologies to generate outputs, recommendations, actions, and results (“AI Outputs”). You acknowledge and agree that:
- AI Outputs are generated by machine learning models and may not always be accurate, complete, or appropriate for your specific circumstances
- AI Outputs do not constitute professional advice (including legal, medical, financial, or other professional advice) and should not be relied upon as such
- You are solely responsible for evaluating, validating, and determining the appropriateness of any AI Outputs before relying on or acting upon them
- Similar or identical prompts may produce different results at different times due to the nature of the underlying AI models
- Cinchapi does not guarantee any specific outcome or result from the use of AI features
8.2 AI Agents, Assistants, and Analysts
Certain Services allow you to configure and deploy AI agents, assistants, and analysts that operate autonomously or semi-autonomously based on goals, objectives, and parameters you define. You acknowledge and agree that:
- You are responsible for the instructions, goals, configurations, and parameters you provide to AI agents, assistants, and analysts
- AI agents, assistants, and analysts may take actions across connected systems and services based on your instructions, and you assume responsibility for the consequences of those actions
- While Cinchapi provides safeguards, rollback capabilities, and monitoring tools, it is your responsibility to review and oversee the actions taken by AI agents, assistants, and analysts
- Cinchapi is not liable for actions taken by AI agents, assistants, or analysts that result in unintended consequences, data loss, or other harm
8.3 AI Model Availability
The Services may utilize multiple AI models from various providers. Cinchapi reserves the right to modify, replace, add, or remove AI models available through the Services at any time and without prior notice. The availability of specific models may vary by subscription plan, region, or time.
8.4 Data Usage for AI Training
Cinchapi uses Your Content (as defined in Section 9), including usage patterns, interactions, and content submitted to the Services, to train and improve its proprietary AI models, algorithms, and overall service quality. This training is performed by default and is a core part of how we enhance the Services for all users. For further details, please refer to Section 3.1 of our Privacy Policy.
The Services may route Your Content to third-party AI model and infrastructure providers in order to deliver AI functionality. Where possible, Cinchapi opts out of or negotiates with these providers to prevent them from using Your Content to train their own models. However, such third-party providers are subject to their own terms and policies, and Cinchapi cannot guarantee that all providers will honor such restrictions. Cinchapi will identify third-party providers in its documentation and, where technically feasible, provide options for you to control which third-party models process your data.
Enterprise customers may negotiate separate agreements that modify or restrict the use of their data for model training purposes. Any such modifications will be set forth in the applicable enterprise service agreement.
9. Intellectual Property
9.1 Cinchapi’s Intellectual Property
The Services, including all software, algorithms, models, designs, user interfaces, documentation, trademarks, and content provided by Cinchapi, are and shall remain the exclusive property of Cinchapi and its licensors. These Terms do not grant you any right, title, or interest in the Services beyond the limited right to use them in accordance with these Terms.
9.2 Your Content
You retain ownership of all data, content, and materials you submit to or process through the Services (“Your Content”). By using the Services, you grant Cinchapi a limited, non-exclusive, worldwide license to use, process, store, and transmit Your Content solely as necessary to provide, maintain, and improve the Services. Cinchapi will handle Your Content in accordance with our Privacy Policy and any applicable data processing agreements as further described in our Privacy Policy.
9.3 AI-Generated Output Ownership
Subject to your compliance with these Terms and any applicable subscription or license agreements, you retain ownership of outputs generated by the Services using Your Content and your configurations. Cinchapi does not claim ownership of AI Outputs generated specifically for you. However, similar or identical outputs may be independently generated for other users, and Cinchapi retains all rights in its underlying models, algorithms, and technologies.
9.4 Feedback
If you provide suggestions, ideas, feedback, or recommendations regarding the Services (“Feedback”), you grant Cinchapi a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Services without obligation to you.
9.5 Copyright Infringement (DMCA)
Cinchapi respects the intellectual property rights of others and expects Users to do the same. If you believe that content available through the Services infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing to our designated agent:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing, with sufficient detail for Cinchapi to locate it within the Services
- Your contact information, including name, address, telephone number, and email address
- A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner
DMCA notices should be sent to: legal@cinchapi.com.
Cinchapi may remove or disable access to allegedly infringing content and may terminate the accounts of repeat infringers in appropriate circumstances.
10. Subscription, Fees, and Payment
Certain Services may require payment of fees. By subscribing to a paid plan, you agree to the following:
- Fees are as stated on our website or in your order form at the time of purchase
- Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date
- Cinchapi reserves the right to modify pricing with at least thirty (30) days’ prior notice; continued use after a price change constitutes acceptance
- You are responsible for all applicable taxes associated with your use of the Services
10.1 Free Trials
Cinchapi may offer free trial access to the Services, including through third-party promotions. Free trials may be subject to additional terms and conditions, are non-transferable, and have no monetary value. Violating any additional terms and conditions or these Terms may result in immediate termination of your free trial. Free trials are available only to users who have not previously subscribed to the Services or previously received a free trial.
To activate a free trial, you must complete Cinchapi’s registration requirements, which may be updated from time to time and may include providing a valid payment method and email address. If a payment method is required, you will not be charged until after your free trial expires. Upon expiration of your free trial, you will be automatically charged the then-current subscription price for the applicable Service unless you cancel before the trial period ends. You may cancel your free trial at any time through your account settings in the Services.
10.2 No Refunds
All fees paid to Cinchapi are non-refundable. This includes, without limitation, subscription fees, usage-based charges, overage fees, and any one-time payments. No refunds or credits will be issued for partial billing periods, unused features, downgrade of service, or account termination (whether initiated by you or by Cinchapi). By purchasing or subscribing to the Services, you acknowledge and agree to this no-refund policy.
If your payment method fails or your account becomes delinquent, Cinchapi may suspend or terminate your access to paid features.
11. Third-Party Services and Integrations
The Services may integrate with or connect to third-party platforms, services, APIs, and data sources (“Third-Party Services”). Your use of Third-Party Services is subject to the terms and conditions of those third parties. Cinchapi is not responsible for the availability, accuracy, security, or practices of any Third-Party Services. You are solely responsible for:
- Ensuring you have the necessary rights and permissions to connect Third-Party Services
- Compliance with the terms and policies of Third-Party Services
- Any data shared between our Services and Third-Party Services
12. Disclaimers
The Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Without limiting the foregoing, Cinchapi does not warrant that:
- The Services will be uninterrupted, timely, secure, or error-free
- The results obtained from the Services, including AI Outputs, will be accurate, reliable, or complete
- Any defects in the Services will be corrected
- The Services will meet your specific requirements or expectations
You acknowledge that the use of AI technologies involves inherent uncertainties and that Cinchapi cannot guarantee specific outcomes. Cinchapi does not make any commitment regarding uptime, availability, or service levels unless separately agreed upon in a written enterprise service agreement.
13. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Cinchapi, its directors, officers, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to damages for loss of profits, data, goodwill, business opportunity, or other intangible losses, arising out of or in connection with your use of or inability to use the Services, regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if Cinchapi has been advised of the possibility of such damages.
To the maximum extent permitted by applicable law, Cinchapi’s total aggregate liability arising out of or related to these Terms or the Services shall not exceed the greater of (a) the total fees paid by you to Cinchapi during the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred dollars ($100).
14. Indemnification
You agree to indemnify, defend, and hold harmless Cinchapi and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your use of or access to the Services
- Your violation of these Terms or any applicable law or regulation
- Your Content or any data you submit to or process through the Services, including any sensitive or regulated data
- Actions taken by AI agents, assistants, or analysts operating under your instructions, goals, or configurations
- Your use of connected Third-Party Services through our platform
- Your exceeding of usage limits or violation of the Fair Use Policy
15. Termination
You may terminate your account at any time by following the instructions in the Services or by contacting us. Cinchapi may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice, including if we reasonably believe you have violated these Terms.
Upon termination:
- Your right to access and use the Services will immediately cease
- Cinchapi may continue to retain your account data in accordance with our Privacy Policy and data retention practices; data will not be deleted unless you submit an explicit deletion request or applicable law requires it
- Any outstanding fees owed to Cinchapi, including accrued overage fees, become immediately due and payable
- No refunds or credits will be issued for any reason upon termination
- Provisions that by their nature should survive termination will survive, including Sections 8.4 (Data Usage for AI Training), 9 (Intellectual Property), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), and 16 (Governing Law and Dispute Resolution)
16. Governing Law and Dispute Resolution
16.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
16.2 Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall first be submitted to good-faith negotiation between the parties. If the parties are unable to resolve the dispute through negotiation within thirty (30) days, either party may submit the dispute to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in the State of Delaware. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
You may opt out of this arbitration provision by sending written notice to legal@cinchapi.com within thirty (30) days of first accepting these Terms. Your opt-out notice must include your full name, account email address, and a clear statement that you wish to opt out of binding arbitration. If you opt out, you and Cinchapi agree to resolve disputes exclusively in the state or federal courts located in the State of Delaware. Opting out of arbitration does not affect any other provision of these Terms.
16.3 Class Action Waiver
To the fullest extent permitted by law, you agree that any disputes will be resolved on an individual basis and you waive your right to participate in a class action, class-wide arbitration, or any other representative proceeding.
16.4 Applicability to EU/UK Users
If you are located in the European Economic Area or the United Kingdom, nothing in this Section shall limit any rights you have under applicable consumer protection laws that cannot be waived by contract, including any right to bring proceedings in your local courts.
17. Modifications to Terms
Cinchapi reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website, sending an email notification, or providing notice through the Services. Changes will be effective upon posting unless otherwise stated. Your continued use of the Services after such changes constitutes your acceptance of the modified Terms. If you do not agree to any modifications, you must discontinue your use of the Services.
18. General Provisions
- Entire Agreement. These Terms, together with the Privacy Policy and any applicable order forms, enterprise service agreements, or data processing terms, constitute the entire agreement between you and Cinchapi regarding the Services and supersede all prior agreements and understandings.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
- Waiver. No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term, and Cinchapi’s failure to assert any right or provision shall not constitute a waiver of such right or provision.
- Assignment. You may not assign or transfer these Terms or your rights hereunder without the prior written consent of Cinchapi. Cinchapi may freely assign these Terms without restriction.
- Force Majeure. Cinchapi shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, government actions, epidemics, or failures of third-party services or infrastructure.
- Notices. Notices to you may be provided via email to the address associated with your account or through the Services. Notices to Cinchapi should be sent to legal@cinchapi.com.
- Export Compliance. You agree to comply with all applicable export and re-export control laws and regulations in your use of the Services.
19. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Cinchapi, Inc.
[Address]
Email: legal@cinchapi.com
Website: https://cinchapi.com