1. BINDING AGREEMENT AND INCORPORATION
This Terms of Service ("Agreement") is a legally binding contract between **IRON CLICK LTD** ("Company", "we", "us", or "our") and the individual or entity ("User", "you", or "Customer") accessing the **IronClaw** managed hosting service (the "Service"). BY CREATING AN ACCOUNT, PURCHASING A SUBSCRIPTION, OR UTILIZING THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE ENTIRETY OF THIS AGREEMENT.
2. NATURE OF SERVICE AND OPEN-SOURCE SOFTWARE DISCLAIMER
2.1. Infrastructure Role
IronClaw is a managed infrastructure provider. We provide Virtual Private Servers (VPS) specifically provisioned to facilitate the operation of the **OpenClaw** software.
2.2. OpenClaw Status
OpenClaw is an independent, open-source project. **IRON CLICK LTD IS NOT THE DEVELOPER, OWNER, OR CONTROLLER OF THE OPENCLAW SOURCE CODE.** We provide the hardware and environment to run it "as is".
2.3. NO WARRANTY FOR CODE
THE SERVICE AND THE OPENCLAW SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, SECURE, OR FREE FROM VULNERABILITIES.
3. ABSOLUTE LIMITATION OF LIABILITY (IMPORTANT)
**TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IRON CLICK LTD, ITS SUCCESSORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR:**
1. **ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;**
2. **LOSS OF ACTUAL OR ANTICIPATED PROFITS, REVENUE, DATA, OR GOODWILL;**
3. **ANY ACTIONS, ADVICE, CONTENT, OR DATA PRODUCED BY THE AI AGENT (OPENCLAW);**
4. **THIRD-PARTY PLATFORM ACTIONS (INCLUDING BUT NOT LIMITED TO BANS FROM WHATSAPP, TELEGRAM, OR CLOUD PROVIDERS);**
5. **SERVICE INTERRUPTIONS CAUSED BY INFRASTRUCTURE FAILURES BEYOND OUR REASONABLE CONTROL.**
**IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO IRON CLICK LTD DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM. YOU AGREE THAT THIS LIMITATION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.**
4. INDEMNIFICATION AND DEFENSE
You agree to indemnify, defend, and hold harmless **IRON CLICK LTD** from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:
* (i) Your use of the Service;
* (ii) The outputs, interactions, and consequences of your specific AI agent instance;
* (iii) Your violation of any third-party rights (IP, privacy, or publicity);
* (iv) Your breach of these Terms.
5. USER AS SOLE OPERATOR (BYOK)
You operate the Service on a "Bring Your Own Key" (BYOK) basis.
* **Control:** You are the **Sole Operator** and **Data Controller**.
* **Compliance:** You are responsible for ensuring that your AI agent complies with all local laws and the terms of third-party APIs (OpenAI, etc.).
* **Risk:** You acknowledge that AI models can "hallucinate" or provide illegal/harmful advice. You accept 100% of the legal risk for acting upon or publishing AI-generated content.
6. FORCE MAJEURE
**IRON CLICK LTD** shall not be responsible for any failure to perform its obligations due to causes beyond its control, including but not limited to: natural disasters, war, terrorism, civil unrest, labor strikes, power failures, internet provider outages, or major failures in the underlying AI model providers (e.g., OpenAI, Anthropic).
7. ARBITRATION AND CLASS ACTION WAIVER
Any dispute arising from this Agreement shall be settled through binding arbitration in the jurisdiction of **IRON CLICK LTD’s** incorporation. YOU AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
8. TERMINATION AND SUSPENSION
We reserve the right to suspend or terminate your access to the Service at any time, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason at our sole discretion.