Terms of Service

The Services are provided by Achilles Systems LLP. The Services are intended for business use. They are not offered for personal, family or household purposes.

You may accept these Terms only if you are at least 18 years old and have authority to bind the organisation on whose behalf you act. If you accept on behalf of an organisation, “Customer” and “you” mean that organisation.

If you and we sign an Order Form for the Services, the Order Form forms part of this agreement. If an Order Form conflicts with these Terms, the Order Form prevails to the extent of the conflict.

Our Privacy Policy describes how we handle personal data. It is not part of this contract, but Section 13 refers to it.

In these Terms:

1. (a)“Agent” means an AI agent that you configure and run on the Services.
2. (b)“Customer Content” means all Inputs, Outputs, Agent definitions, knowledge-base documents, datasource configuration and other data that you or your Users or End Users submit to, or generate through, the Services.
3. (c)“End User” means an individual who interacts with an Agent that you deploy.
4. (d)“Inputs” means submissions to an Agent or to the Services, and “Outputs” means the responses and other content that an Agent or the Services generate from Inputs.
5. (e)“Message” has the meaning in Section 4.3.
6. (f)“Model Provider” means a third party that supplies an AI model used by an Agent, including providers whose models you reach with your own credentials.
7. (g)“Order Form” means a written order, quote or agreement signed or accepted by both parties for the Services.
8. (h)“Plan” means the tier of the Services that applies to a Workspace, such as Free, Pro, Premium or Enterprise.
9. (i)“Services” means the Achilles platform, including the console, APIs, embeddable widget, Agent Builder, documentation and any related software or features.
10. (j)“Starter Messages” has the meaning in Section 4.4.
11. (k)“Users” means individuals whom you authorise to access a Workspace.
12. (l)“Workspace” means the account space in which you and your Users build and manage Agents.

You must provide accurate registration information, keep it current, and verify your email address when we ask. We may refuse or close an account that uses false information.

You are responsible for all activity under your Workspace, including activity by your Users, and for keeping credentials, API keys, channel keys and service tokens confidential. Do not share credentials, and rotate any that you believe have been exposed.

Workspace owners decide who has access and at what level. You are responsible for removing access for people who leave your organisation.

Tell us promptly at the address in Section 21 if you suspect unauthorised access to your Workspace or any other breach of security.

You may not create accounts by automated means, or create multiple accounts to obtain additional free allowances or to avoid the limits that apply to a Plan.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes during the term of this agreement.

Each Workspace is on a Plan. The limits and features of each Plan, such as the number of Agents, Users and Messages, are published on our pricing page and shown in the console. Limits apply per Workspace.

A “Message” is a single input sent to an Agent through any channel, including the web widget, the API, messaging channels, voice and the console Playground used for testing. Approving or declining an action that an Agent has asked you to confirm is not a separate Message. A Message that fails to produce a response because of an error on our side or at a Model Provider is not counted. Monthly allowances reset at the start of each calendar month (UTC). When a Workspace reaches its monthly Message limit, its Agents stop responding until the allowance resets or the Plan changes.

A Workspace on the Free Plan that has not connected its own Model Provider credentials may receive a one-time allowance of Messages processed with our credentials (“Starter Messages”). The number is shown in the console. Starter Messages are offered as a convenience and are not a commitment: they are not renewable, have no cash value, and we may change or withdraw them for new Workspaces at any time. Once they are used, the Workspace must use its own Model Provider credentials, or move to a Plan that includes ours.

We may change the features and limits of a Plan. For a Workspace on a paid Plan, we will not reduce the limits you have paid for during the current paid term. We will give you reasonable notice of any change that affects a Workspace on any Plan.

If a Workspace moves to a Plan with lower limits, we do not delete what it has already created. It keeps its existing Agents, knowledge bases and channels, but cannot create more until it is within the new limits.

We may offer features that are designated beta, preview or experimental. They are provided as they are, may change or be withdrawn at any time, and are excluded from any commitment in these Terms or in an Order Form about availability or support.

As between you and us, you own Customer Content. You grant us a worldwide, non-exclusive licence to host, copy, transmit, process and display Customer Content only as needed to provide, secure, support and improve the operation of the Services for you, and as required by law.

To the extent permitted by law, we assign to you any rights we may have in Outputs. Outputs generated for you may be similar to Outputs generated for others, and we do not promise that Outputs are unique.

We do not use Customer Content to train or fine-tune any AI model.

We may collect and use data about how the Services are used, such as counts of Messages, feature usage, performance and error information (“Usage Data”), to operate, secure and improve the Services. Usage Data does not include the content of Customer Content.

You represent that you have all rights, consents and legal bases needed to submit Customer Content, including personal data of End Users, and to have it processed as these Terms describe. You are responsible for the accuracy, quality and legality of Customer Content.

You decide how your Agents behave. An Agent’s behaviour is determined by the definitions, tools, roles, filters and guardrails that you author or approve. You are responsible for configuring, testing and monitoring your Agents, including the access that each role has to your data.

When you connect a database, API or other system to an Agent, you authorise us to access it as you configure, and you confirm that you are entitled to grant that access. Credentials that you give us are stored encrypted.

Agents use AI models. AI-generated Outputs can be inaccurate, incomplete, out of date or inappropriate for your purpose, even when they sound confident. Outputs are not legal, financial, insurance, medical or other professional advice.

You are responsible for reviewing and testing your Agents before you deploy them, for monitoring them in use, and for providing appropriate human oversight. We provide tools such as guardrails, approvals and audit trails. They reduce risk but do not guarantee that an Agent will behave correctly in every case.

You are solely responsible for ensuring that your use of the Services, and each Agent you deploy, complies with the laws and regulations that apply to you and your business. This includes requirements of financial-services regulators, consumer-protection law, data-protection law and rules on communications with customers.

You must not use an Agent as the sole basis for a decision that has a legal or similarly significant effect on an individual, such as approving or declining credit, insurance cover or a claim, unless the decision is subject to meaningful human review and is lawful in your jurisdiction.

Where the law requires you to tell End Users that they are interacting with an AI system, or to give them access to a human, you are responsible for doing so.

You and your Users must not, and must not permit anyone else to:

1. (a)use the Services in violation of law or the rights of others, or to create, store or send unlawful, fraudulent, defamatory, harassing or abusive content;
2. (b)generate or distribute content that sexually exploits or endangers minors, promotes violence or self-harm, or is designed to deceive people into harm;
3. (c)send unsolicited or bulk messages, or message people without any consent or opt-in that the law or the relevant channel requires;
4. (d)impersonate a person or organisation, or mislead End Users about whether they are speaking to an AI system where the law requires disclosure;
5. (e)probe, scan or test the vulnerability of the Services, or bypass or interfere with authentication, rate limits, plan limits, usage metering or other protections, except under a written security-testing agreement with us;
6. (f)introduce malware, or send traffic intended to degrade or disrupt the Services;
7. (g)copy, scrape, reverse engineer, decompile or attempt to extract source code or model weights from the Services, except to the extent that law permits despite this restriction;
8. (h)resell, sublicense or provide the Services to third parties as a competing product, or use the Services to build a competing product;
9. (i)remove, obscure or alter any attribution or notice that the Services display, including the “Powered by Achilles” badge on the widget of a Plan that requires it; or
10. (j)use the Services in a way that violates the terms of a Model Provider, messaging platform or other third party whose service you reach through the Services.

If we reasonably believe that use of the Services breaches this Section, we may act under Section 14.4.

The Services work with third-party services that we do not control, including Model Providers, messaging platforms such as WhatsApp and Instagram, telephony and voice providers, and the databases and systems that you connect. Your use of them is governed by their own terms and policies, and you are responsible for complying with them.

Where you give us your own credentials for a Model Provider or other service, you are responsible for the terms, charges and data handling of that service. Where we process Customer Content through a Model Provider using our credentials, we do so under the terms we hold with that provider.

We are not responsible for third-party services or for changes to them, including an interruption, price change, policy change or withdrawal that affects an Agent or channel.

You are responsible for obtaining any consent, opt-in or template approval that a messaging platform or the law requires before an Agent sends a message to an individual.

The Free Plan has no charge. Fees for a paid Plan are as stated in the Order Form or at the point of purchase, and are payable in the currency and on the schedule stated there.

Fees exclude taxes, duties and similar charges, including goods and services tax. You are responsible for all such taxes other than taxes on our income. If you are required by law to withhold tax, you must pay us the additional amount needed so that we receive the full fee.

A paid subscription renews for successive periods of the same length unless you cancel before the renewal date in the way the console or Order Form describes. We will give you at least 30 days’ notice of a change in fees before a renewal takes effect.

Fees are non-cancellable and non-refundable except where the law requires otherwise, where these Terms say so, or where the Order Form or the purchase terms say so.

If undisputed fees are more than 30 days overdue, we may suspend the Services after giving you notice, under Section 14.4.

We will use reasonable efforts to keep the Services available and to give advance notice of planned maintenance where practicable. We do not promise that the Services will be uninterrupted or error-free, and we do not offer a service-level commitment unless an Order Form sets one out.

Support is provided as described for your Plan at the time you purchase it. Free Workspaces receive community-level support only.

We and our licensors own all rights in the Services, the documentation and everything we provide, other than Customer Content. These Terms give you a right to use the Services and do not transfer ownership to you.

If you give us suggestions or feedback about the Services, you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction or attribution.

You may not use our names, logos or trademarks without our written permission, except for the attribution that the Services display, which you must leave in place where the Plan requires it. With your agreement, we may name you as a customer.

Each party may receive non-public information of the other that is marked confidential or that a reasonable person would understand to be confidential (“Confidential Information”). Customer Content is your Confidential Information.

The receiving party must use Confidential Information only to perform or exercise rights under this agreement, protect it with at least reasonable care, and disclose it only to personnel and advisers who need to know it and are bound by equivalent duties.

These duties do not apply to information that is or becomes public through no fault of the receiving party, was already known to it, is independently developed, or is lawfully obtained from a third party. A party may disclose Confidential Information where required by law or a regulator, after giving the other party notice where the law allows.

Each party will comply with the data-protection laws that apply to it, including, where applicable, the Digital Personal Data Protection Act, 2023.

For personal data of End Users that is contained in Customer Content, you are the data fiduciary or controller and we process it as your data processor, on your documented instructions as given by your configuration and use of the Services. For account and billing data about you and your Users, we act as a data fiduciary or controller as described in our Privacy Policy.

We apply technical and organisational measures appropriate to the risk. These include encrypting stored credentials and keeping each Workspace’s data separate from others. No system is completely secure, and we do not warrant that the Services will be free from unauthorised access.

We will notify you without undue delay after becoming aware of a breach of security that leads to the unauthorised access to, or loss of, personal data in Customer Content, and will give you the information reasonably needed to meet your own obligations.

We may engage sub-processors to help provide the Services and remain responsible for their performance. We will give you a list of our material sub-processors on request. If you need a separate data processing agreement, ask us at the address in Section 21.

This agreement begins when you accept it and continues until it is terminated under this Section.

You may stop using the Services and close your Workspace at any time. Closing a Workspace on a paid Plan does not entitle you to a refund of fees already paid, except as Section 9 provides.

We may end the Free Plan, or stop offering the Services to a Free Workspace, by giving 30 days’ notice. We may end a paid Plan only as this Section allows.

We may suspend access to all or part of the Services if (a) we reasonably believe that there is a risk to the security or integrity of the Services or of other customers; (b) you or a User breach Section 7 or applicable law; (c) we are required to by law or a regulator; or (d) undisputed fees are more than 30 days overdue. Where practicable we will give you notice first and will limit the suspension to what is reasonably necessary. We will restore access promptly once the cause has been resolved.

Either party may terminate this agreement by written notice if the other materially breaches it and does not cure the breach within 30 days after notice. We may terminate immediately if you repeatedly or seriously breach Section 7.

When this agreement ends, your right to use the Services ends. You can export your Customer Content before termination. After termination we will delete or anonymise Customer Content within a reasonable period, except for copies in routine backups that are overwritten in the ordinary course, and information we must keep to meet legal obligations.

Sections that by their nature should survive termination do so, including Sections 5, 11, 12, 15, 16, 17, 18 and 20, and any payment obligations that have accrued.

Each party confirms that it has the authority to enter into this agreement.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES, THE STARTER MESSAGES, ALL OUTPUTS AND ALL BETA FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY AND RELIABILITY OF OUTPUTS, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

You will defend us and our partners, officers and employees against any claim by a third party, and pay the resulting damages, costs and reasonable legal fees that a court or arbitrator awards or that we agree in a settlement you approve, to the extent the claim arises from (a) Customer Content; (b) an Agent that you configure or deploy, including its use by End Users; or (c) your breach of Section 7 or of applicable law.

We will defend you against any claim by a third party alleging that the Services, when used as these Terms permit, infringe that party’s intellectual-property rights, and pay the resulting damages, costs and reasonable legal fees that a court or arbitrator awards or that we agree in a settlement. This does not apply to claims that arise from Customer Content, Outputs, third-party services, use that breaches these Terms, or a modification we did not make. This obligation applies to paid Plans only.

The party seeking a defence must give prompt written notice of the claim, allow the other party to control the defence and settlement (but a settlement may not impose liability or an admission on the indemnified party without its consent), and cooperate reasonably at the other party’s expense.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS, EVEN IF ADVISED OF THEIR POSSIBILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF EACH PARTY ARISING OUT OF OR RELATED TO THESE TERMS AND THE SERVICES WILL NOT EXCEED THE FEES PAID OR PAYABLE BY YOU FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. IF YOU HAVE PAID NO FEES IN THAT PERIOD, THE LIMIT IS INR 10,000.

Nothing in these Terms limits or excludes liability for fraud or wilful misconduct, for liability that cannot be limited or excluded under applicable law, or your obligation to pay fees that are due.

The parties agree that these limits reflect an allocation of risk that is reflected in the fees, and that they apply regardless of the legal theory of the claim.

These Terms and any dispute arising out of or in connection with them are governed by the laws of India, without regard to conflict-of-laws principles.

A party with a dispute must first give the other written notice describing it. The parties will try in good faith to resolve it within 30 days of that notice.

A dispute that is not resolved in that time will be finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, as amended. The tribunal will be a sole arbitrator appointed by agreement of the parties, or, failing agreement within 30 days, as the Act provides. The seat and venue of arbitration is New Delhi, India. The language of the arbitration is English. The arbitration and the award are confidential, and the award is final and binding.

The courts at New Delhi have exclusive jurisdiction over applications for interim relief in aid of arbitration, enforcement of an award, and any matter that cannot be arbitrated. Either party may seek urgent injunctive relief from those courts to protect its intellectual property or Confidential Information.

We may update the Services from time to time. We will not make a change that materially reduces the core functionality of a paid Plan during its current paid term without offering a reasonable remedy.

We may update these Terms. For a change that materially affects your rights or obligations, we will give you at least 30 days’ notice by email to the Workspace owner or through the console before it takes effect. A change required by law, or one that applies to a new feature, may take effect sooner.

If you do not accept a change, you may stop using the Services and close your Workspace before it takes effect. Continuing to use the Services afterwards means you accept the updated Terms.

Notices. We may give notice to the email address of your Workspace owner or in the console. You may give notice to us at the address in Section 21. A notice by email takes effect when it is sent.

Entire agreement. These Terms, together with any Order Form, are the entire agreement between us about the Services and replace earlier understandings. Terms in a purchase order or similar document do not apply.

Assignment. You may not assign this agreement without our written consent, except to a successor to substantially all of your business. We may assign it to an affiliate or to a successor to our business.

Force majeure. Neither party is liable for a delay or failure caused by events beyond its reasonable control, including natural disasters, war, labour disputes, failure of public networks or power, and the failure of a third-party service. This does not excuse a payment obligation.

Severability and waiver. If a provision is held unenforceable, the rest of the agreement continues and the provision will be enforced to the extent permitted. A failure to enforce a right is not a waiver of it.

Relationship. The parties are independent contractors. There is no partnership, agency or employment relationship between them. Nothing in these Terms gives any person other than the parties a right to enforce them.

Export and sanctions. You must not use the Services in breach of applicable export-control or sanctions laws, and you confirm that you are not subject to sanctions that prohibit dealing with you.

Questions about these Terms, notices under them, and reports of security concerns can be sent to systemsachilles@gmail.com.