Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “Partner”) and Oski Labs Inc., doing business as MightyAI (“MightyAI,” “we,” “us,” or “our”). By accessing or using our website at mightyai.app (the “Site”) or our software and services for agentic commerce (the “Product”), you agree to be bound by these Terms.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, do not use our Site or Product.

Subject to your compliance with these Terms, MightyAI grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Product for your internal business purposes during the term of your agreement with us.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You agree not to (and will not allow anyone else to):

• Reverse engineer, decompile, or attempt to discover any source code or underlying algorithms of the Product.
• Sell, transfer, sublicense, lend, distribute, rent, or otherwise allow others to access or use the Product.
• Remove any proprietary notices or labels from the Product.
• Copy, modify, or create derivative works of the Product.
• Conduct security or vulnerability tests on, interfere with the operation of, or cause performance degradation of the Product.
• Access accounts, information, data, or portions of the Product to which you do not have explicit authorization.
• Use the Product to develop a competing service or product.
• Use the Product for any activity prohibited by applicable laws.
• Use the Product to obtain unauthorized access to anyone else’s networks or equipment.
• Upload or submit any information to which you do not have the proper rights.

Certain features of the Product may require payment of fees. You agree to pay all fees in accordance with the pricing and payment terms presented to you. All fees are non-refundable unless otherwise stated in your specific agreement with us.

We reserve the right to change our pricing with reasonable advance notice. Continued use of the Product after a price change constitutes your acceptance of the new pricing.

MightyAI retains all right, title, and interest in and to the Product, including all intellectual property rights. Nothing in these Terms transfers any intellectual property ownership to you.

Any feedback, suggestions, or ideas you provide about the Product (“Feedback”) become our property. You assign to us all right, title, and interest in Feedback, and we may use it freely without restriction or obligation to you.

Each party agrees to protect the other party’s confidential information using at least the same protections it uses for its own similar information, but no less than a reasonable standard of care. Confidential information may only be used to fulfill obligations or exercise rights under these Terms.

Confidential information does not include information that: (a) was already known without obligation of confidentiality; (b) becomes publicly available through no fault of the receiving party; (c) is received from a third party without confidentiality restrictions; or (d) is independently developed without reference to the disclosing party’s confidential information.

THE PRODUCT AND SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Product will be uninterrupted, error-free, or secure, or that any defects will be corrected. These disclaimers apply to the maximum extent permitted by applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIGHTYAI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PRODUCT, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

You agree to indemnify, defend, and hold harmless MightyAI and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (a) your use of the Product; (b) your violation of these Terms; or (c) your violation of any third-party rights.

These Terms remain in effect while you use our Site or Product. Either party may terminate the agreement for any reason with 30 days advance written notice to the other party.

Upon termination: (a) your right to access and use the Product immediately ceases; and (b) each party will return or destroy the other party’s confidential information in its possession. Sections 5 through 14 survive termination.

These Terms are governed by the laws of the State of California, without regard to its conflict of laws provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state and federal courts located in California, and each party irrevocably submits to the exclusive jurisdiction of those courts.

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our Site with a revised effective date. Your continued use of the Site or Product after changes are posted constitutes your acceptance of the updated Terms.

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and MightyAI regarding the subject matter herein and supersede all prior agreements.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: The failure of a party to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights in connection with a merger, acquisition, or sale of assets upon notice.
• Independent Contractors: The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, or agency relationship.

If you have questions about these Terms, please contact us:

Oski Labs Inc. (dba MightyAI)
Email: founders@mightyai.app
State of California, United States