Terms of Service

1. Introduction and Acceptance

These Terms of Service (“Terms”) constitute a binding legal agreement between you (“User,” “Client,” or “you”) and Jonathan Shachar, operating as MoltBot Ninja (“Company,” “we,” “us,” “our”), a sole proprietorship based in Ontario, Canada. These Terms govern your access to and use of the MoltBot Ninja deployment platform, website, and all associated services (collectively, the “Service”).

By creating an account, deploying an instance, clicking “I Agree,” or otherwise using the Service, you confirm that you: (a) have read and understood these Terms; (b) agree to be legally bound by them; and (c) are at least 18 years of age and have the legal capacity to enter into this agreement.

If you do not agree with any part of these Terms, you must not use the Service.

2. Nature of the Service

Crucial Definition: You acknowledge and agree that the Company provides Deployment Infrastructure and Automation Services only.

• We automate the provisioning and configuration of dedicated cloud servers (AWS Lightsail instances) on your behalf.
• We install and configure third-party open-source software (see Section 3) on those servers.
• We do not develop, maintain, or control the AI software. The AI agent is a third-party open-source tool that runs on your dedicated server, using your API keys, under your sole direction and control.
• We act solely as a hosting and infrastructure provider. We are not creators, editors, publishers, or reviewers of any content generated by, or any actions taken by, the AI agent.
• We do not monitor, filter, or moderate AI-generated content or agent actions in real time.

3. Third-Party Open-Source Software

IMPORTANT: The AI software deployed by our Service is NOT developed, owned, or maintained by MoltBot Ninja.

The Service deploys Open Claw, an open-source AI assistant framework created and maintained by third-party developers. Open Claw is distributed under the MIT License, which provides the software “AS IS,” without warranty of any kind.

By using the Service, you acknowledge and agree that:

• MoltBot Ninja is an independent commercial hosting service and is not affiliated with, endorsed by, sponsored by, or associated with the creators of Open Claw or the official Open Claw project.
• We do not warrant, guarantee, or assume responsibility for the functionality, security, accuracy, or reliability of the Open Claw software or any updates thereto.
• The Open Claw software may contain bugs, vulnerabilities, or defects. We are not liable for any damages, data loss, or security incidents arising from the software itself.
• We may, at our discretion, pin specific versions of the software or delay updates. We are not obligated to deploy the latest version.
• You are bound by the terms of the MIT License under which Open Claw is distributed, in addition to these Terms.

4. Beta Service Disclaimer

THE SERVICE IS CURRENTLY IN BETA. BETA FEATURES MAY BE UNSTABLE, INCOMPLETE, OR SUBJECT TO CHANGE WITHOUT NOTICE.

You acknowledge that the Service is currently offered as a “Beta” or “Early Access” product. This means:

• The Service may contain errors, bugs, or incomplete functionality.
• Features may be added, modified, or removed at any time without prior notice.
• We do not guarantee any Service Level Agreement (SLA), uptime commitment, or availability target during the Beta period.
• The Service may be discontinued entirely at our sole discretion, with reasonable notice where practicable.
• By using the Beta Service, you accept an elevated level of risk beyond that of a production-grade service and agree that the disclaimers and limitations in these Terms apply with full force.

5. Autonomous AI Agent — Assumption of Risk

You acknowledge that this Service deploys an Autonomous AI Agent capable of executing code, modifying files, browsing the internet, and interacting with third-party services without continuous human intervention. By using the Service, you expressly assume all risks associated with operating an autonomous AI agent, including but not limited to:

• Unpredictability: AI Agents may hallucinate, misinterpret instructions, produce inaccurate output, or execute commands unintended by the User. The Company has no ability to predict or control agent behavior.
• Data Modification and Loss: The Agent has read/write access to the files, data, and services you connect it to. You accept full responsibility for any data loss, file deletion, corruption, or unintended modification caused by the Agent.
• Financial Liability (API Costs): You are solely responsible for managing the spending limits and usage controls of your third-party API keys (e.g., Anthropic, OpenAI). The Company is not liable for excessive API costs incurred by your Agent, including “runaway” usage scenarios.
• Third-Party Interactions: Your AI Agent may interact with third-party services, APIs, or individuals (including via Telegram). You are solely responsible for all such interactions and any consequences thereof, including harm to third parties.
• Output Accuracy and Legal Compliance: The Company makes no warranty regarding the accuracy, legality, reliability, or safety of the AI's output or actions. You are solely responsible for reviewing and verifying all AI-generated content before relying on it.

THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES CAUSED BY THE AUTONOMOUS ACTIONS OF THE AI AGENT DEPLOYED ON YOUR BEHALF, INCLUDING BUT NOT LIMITED TO DATA LOSS, FINANCIAL LOSS, REPUTATIONAL HARM, OR DAMAGE TO THIRD PARTIES.

6. Account Registration and Security

• You must register using a valid Google account. You must be at least 18 years of age.
• You are responsible for maintaining the security of your account, including your Google credentials, SSH keys, API keys, and any access tokens.
• You must notify us immediately at info@moltbot.ninja if you suspect unauthorized access to your account or deployed instances.
• You may not share, transfer, or sell access to your account or deployed instances to any third party.
• We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised.

7. Free Trial

We may offer a free trial period of fourteen (14) calendar days (“Free Trial”) for new users. During the Free Trial:

• You receive access to a dedicated server instance at no charge.
• The Free Trial begins on the date your instance is first deployed.
• All other provisions of these Terms apply in full during the Free Trial, including disclaimers of warranty and limitations of liability.
• At the end of the Free Trial, your instance will be suspended or terminated unless you subscribe to a paid plan.
• No charges will be assessed for the 14-day trial period itself. If you choose to continue, billing begins for the first full month following the trial.
• We reserve the right to modify, limit, or discontinue the Free Trial at any time.

8. Subscription, Billing, and Refunds

Paid access to the Service is provided on a subscription basis:

• Currency: All fees and prices displayed by the Service are denominated in United States Dollars (USD) unless explicitly stated otherwise.
• Billing Cycle: Subscriptions are billed monthly or annually in advance, depending on the plan you select. Payment is processed via a third-party payment processor (e.g., Stripe).
• Auto-Renewal: Subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date.
• Cancellation: You may cancel your subscription at any time via the dashboard or by contacting us. Cancellation takes effect at the end of the current billing period. Your instance will remain active until then.
• No Refunds: All subscription fees are non-refundable. We do not provide prorated refunds for partial billing periods or unused time. If you cancel mid-cycle, you retain access until the end of that cycle.
• Price Changes: We may change subscription prices with at least 30 days' advance notice. Continued use after the new price takes effect constitutes your acceptance.
• Failed Payments: If a payment fails, we may suspend your instance after a reasonable grace period. Persistent payment failure may result in termination and data deletion.
• Taxes: Fees are exclusive of applicable taxes. You are responsible for all taxes, duties, or governmental assessments associated with your use of the Service.

9. Shared Responsibility Model (Security)

Security is a shared responsibility between the Company and the User.

Our Responsibility: We use commercially reasonable efforts to provide a hardened server environment at the time of deployment, including configured firewalls (UFW), intrusion prevention (fail2ban), and automatic security updates. Each user's instance runs on a separate dedicated server. However, no security measure is infallible, and we do not guarantee that the server environment is immune to all threats.

Your Responsibility:

• Security of your API keys, SSH keys, and local devices
• All data you voluntarily upload to or generate on the server
• Proper configuration and usage of the AI agent
• Setting spending limits on third-party API provider dashboards
• Acknowledging that no system is 100% secure

10. Compliance with Upstream Terms

The Service relies on third-party providers. You are independently obligated to comply with the terms of service, usage policies, and acceptable use policies of all upstream providers, including but not limited to:

• Anthropic — Commercial Terms of Service and Usage Policy
• OpenAI — Terms of Use and Usage Policies
• Amazon Web Services (AWS) — Customer Agreement and Acceptable Use Policy
• Telegram — Terms of Service and API Terms
• Any other AI model provider whose API keys you use with the Service

Violation of any upstream provider's terms may result in your API keys being banned, your instance being suspended, or your access to the Service being terminated. The Company bears no liability for consequences arising from your violation of upstream terms, including service disruptions, data loss, or financial penalties.

11. Prohibited Uses

You agree not to use the Service, the deployed server, or the AI Agent for any of the following:

• Any illegal activity, including fraud, identity theft, phishing, hacking, or malware generation
• “Jailbreaking” or bypassing safety filters of any LLM provider
• Harassment, stalking, hate speech, or generating non-consensual intimate imagery
• Generating content that exploits or endangers minors in any way
• Impersonation of real individuals without their explicit consent
• Unauthorized access to computer systems, networks, or data
• Distributing spam, malware, or engaging in denial-of-service attacks
• High-Risk Activities: The Service is not fail-safe and is not designed for use in hazardous environments or safety-critical applications, including but not limited to nuclear facilities, air traffic control, life support systems, autonomous vehicles, weapons systems, or critical financial trading systems
• Any use that would violate applicable law in your jurisdiction or the jurisdiction of Ontario, Canada
• Export Controls and Sanctions: Using the Service in violation of applicable export control laws, trade sanctions, or embargo regulations, including those administered by the United States (OFAC/BIS), Canada (SEMA), or any other applicable jurisdiction. You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to comprehensive trade sanctions, and that you are not on any restricted party list.

Right to Monitor: We reserve the right (but have no obligation) to monitor instances for compliance with these Terms and applicable law. We may investigate suspected violations and cooperate with law enforcement authorities.

Violation of this section gives the Company the right to immediately terminate your instance and permanently delete all associated data without notice, refund, or liability.

12. Intellectual Property

• Your Data: You retain all ownership rights to the data you upload and the content generated by your Agent. The Company claims no ownership over your intellectual property.
• Our IP: The deployment scripts, dashboard, branding, website design, and proprietary automation tools remain the exclusive property of the Company. You may not copy, modify, reverse-engineer, or distribute any part of our proprietary technology.
• Open-Source Components: The Open Claw software is governed by its own MIT License. Our use and distribution of Open Claw does not grant you any rights beyond those provided by the MIT License.
• Feedback: Any suggestions, feature requests, or feedback you provide to the Company may be used by us without obligation, compensation, or attribution.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.

WE DO NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; (C) THE AI AGENT WILL BEHAVE AS INTENDED; OR (D) ANY DEFECTS IN THE SERVICE OR THE UNDERLYING SOFTWARE WILL BE CORRECTED.

THE OPEN-SOURCE SOFTWARE DEPLOYED BY THE SERVICE IS PROVIDED UNDER THE MIT LICENSE “AS IS,” WITHOUT WARRANTY OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO THE THIRD-PARTY SOFTWARE, INCLUDING ITS FITNESS, SECURITY, AND RELIABILITY.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS, DEVICES, DATA, OR BUSINESS THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH HEREIN.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OWNER, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, API COSTS INCURRED BY YOUR AGENT, OR COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

15. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its owner, officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and costs) arising out of or in any way connected with the following, regardless of whether such claims arise from the Company's own negligence:

• Your access to or use of the Service, the AI Agent, or the deployed server instance
• Your violation of these Terms or any applicable law or regulation
• Any damage, harm, or liability caused by your AI Agent to third parties, including via Telegram or other communication channels
• Content generated by or actions taken by your AI Agent
• Your violation of any upstream provider's terms (Anthropic, OpenAI, AWS, Telegram, etc.)
• Your violation of any third-party right, including intellectual property, privacy, or publicity rights
• Any dispute between you and a third party arising from use of your deployed AI Agent

This indemnification obligation survives termination of these Terms and your use of the Service.

16. Termination and Data Deletion

Termination by Us: We reserve the right to suspend or terminate your access to the Service at our sole discretion, at any time, for any reason or no reason, including but not limited to violation of these Terms, non-payment of fees, or suspected fraudulent activity.

Termination by You: You may terminate your account at any time by cancelling your subscription and requesting account deletion.

Effect of Termination: Upon termination:

• Your server instance and all data stored on it will be permanently and immediately deleted. This action is irreversible.
• We may retain certain account metadata (e.g., email, account creation date, deployment history) in our database for legitimate business purposes, fraud prevention, legal compliance, and dispute resolution.
• Your API keys (stored in encrypted form) will be deleted from our systems.
• No refund will be issued for any unused portion of your billing cycle.
• You remain liable for any fees accrued prior to termination.

It is your responsibility to export any data you wish to retain before termination.

17. Telegram Bot — Public-Facing Interactions

Your deployed AI Agent communicates via a Telegram bot that may be publicly accessible. You acknowledge and agree that:

• Third parties (individuals not party to these Terms) may interact with your Telegram bot.
• You are solely responsible for all content generated by your bot in response to any user, including third parties.
• You must comply with Anthropic's disclosure requirements, including informing users they are interacting with an AI system when applicable.
• The Company is not liable for any harm, offense, misinformation, or damage arising from interactions between your bot and any third party.
• It is your responsibility to configure appropriate access controls (e.g., allowlists) to restrict who may interact with your bot.

18. Dispute Resolution & Class Action Waiver

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively by binding arbitration administered in Toronto, Ontario, Canada, in accordance with applicable Canadian arbitration legislation. The arbitration shall be conducted in English by a single arbitrator.

Small Claims Exception: Notwithstanding the above, either party may bring an individual action in any small claims court of competent jurisdiction for claims within such court's jurisdictional limits.

Arbitration Costs: Each party shall bear its own legal costs. The arbitrator's fees and administrative costs shall be shared equally between the parties, unless the arbitrator determines that doing so would be prohibitively expensive for a party, in which case the arbitrator may apportion costs as they deem just.

CLASS ACTION WAIVER: YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.

19. Force Majeure

The Company shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from events beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government actions, sanctions, power outages, internet or telecommunications failures, cyberattacks, actions or omissions of third-party providers (including AWS, Anthropic, OpenAI, Telegram, Google, or payment processors), or any other event that could not have been reasonably foreseen or prevented.

20. Changes to Terms

We may modify these Terms at any time at our sole discretion. For material changes, we will provide notice by: (a) posting a prominent notice on the Service dashboard; and/or (b) sending an email to the address associated with your account, at least 14 days before the changes take effect. Non-material changes may take effect immediately upon posting.

Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the new terms. If you do not agree to the modified Terms, you must stop using the Service and cancel your subscription before the effective date.

21. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements, understandings, and communications.
• Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
• No Waiver: The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any term shall not be deemed a further or continuing waiver of such term or any other term.
• Assignment: You may not assign or transfer these Terms or your rights hereunder without the Company's prior written consent. The Company may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.
• No Agency: Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and the Company. You have no authority to bind the Company in any manner.
• Survival: Sections 3 (Open-Source Disclaimer), 5 (Assumption of Risk), 8 (Billing/Refunds), 12 (Intellectual Property), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Indemnification), 16 (Termination and Data Deletion), 18 (Dispute Resolution), and 21 (General Provisions) shall survive any termination or expiration of these Terms.
• Headings: Section headings are for convenience only and shall not affect the interpretation of these Terms.
• Electronic Communications: By using the Service, you consent to receiving electronic communications from us. You agree that all agreements, notices, and disclosures provided electronically satisfy any legal requirement that such communications be in writing.
• Electronic Contract: You acknowledge that by clicking “I Agree,” creating an account, or using the Service, you are entering into a legally binding electronic contract. Pursuant to Ontario's Electronic Commerce Act, 2000, S.O. 2000, c. 17, and applicable federal legislation, your electronic acceptance has the same legal effect as a handwritten signature. Your acceptance is logged with a timestamp for record-keeping purposes.
• No Third-Party Beneficiaries: These Terms are for the sole benefit of the parties hereto and do not confer any rights, benefits, or causes of action upon any third party. No individual or entity who is not a party to these Terms (including, without limitation, any person who interacts with your AI Agent or Telegram bot) shall have any right to enforce any provision of these Terms.
• Consent to Commercial Electronic Messages (CASL): By creating an account, you expressly consent under Canada's Anti-Spam Legislation (S.C. 2010, c. 23) to receive commercial electronic messages from MoltBot Ninja, including service updates, billing notices, security alerts, and product announcements. You may withdraw this consent at any time by contacting info@moltbot.ninja or using the unsubscribe mechanism in any message. Withdrawal of consent does not affect transactional messages required for service operation (e.g., billing confirmations, security notifications).