Terms of Service

1. Introduction

These Terms of Service govern your access to and use of OpenPond. By accessing or using the service, you agree to these terms on behalf of yourself or the entity you represent.

If you are using the service for a company, fund, DAO, or other organization, you represent that you have authority to bind that organization to these terms.

2. Service Scope

OpenPond provides hosting, orchestration, scheduling, automation, AI-assisted coding, deployment, and related infrastructure services. We provide the platform that runs and coordinates these services; you decide what to build, deploy, connect, authorize, schedule, and operate through the platform.

Unless we separately agree to a written service level agreement, OpenPond does not provide any uptime commitment, guaranteed delivery window, or service credit policy. Any support, incident response, or credits are provided only if and to the extent we expressly agree in writing.

3. Accounts, Agents, and Authorized Activity

You are responsible for all activity that occurs under your account, including activity by your employees, contractors, teammates, agents, automations, schedules, API keys, connected services, wallets, and any other credentials or permissions associated with your account, whether or not a particular action was manually initiated by you.

You are responsible for reviewing and controlling what your agents and automations are authorized to do. If your configuration, instructions, policies, schedules, or permissions cause an agent or automation to take an action, that action is considered authorized by you.

4. Customer Content, Code, Deployments, and Ownership

As between you and OpenPond, you retain ownership of your prompts, code, repositories, configurations, deployment worker lambdas, outputs, content, data, branding, and other materials you submit to or generate through the service.

You grant OpenPond a limited, non-exclusive, worldwide license to host, store, reproduce, transmit, display, execute, modify, and otherwise process your materials as necessary to provide, secure, troubleshoot, maintain, improve, and support the service, including the AI and operational rights described in these terms.

5. AI Features, Training, and Feedback

When you use OpenPond AI features, including chat, code generation, code editing, code review, deployment assistance, workflow generation, scheduling, agent configuration, or similar functionality, you authorize us to use prompts, chat logs, instructions, code, configs, diffs, deployment artifacts, logs, tool inputs, tool outputs, feedback, and model outputs to operate, provide, maintain, improve, evaluate, fine-tune, and train OpenPond's AI systems and related services, to the extent permitted by law.

This authorization also applies to code, deployment artifacts, configs, logs, and related materials that are generated, modified, analyzed, or otherwise processed through OpenPond AI features, including AI-assisted build or deploy flows, agent workflows, and similar product functionality. We may analyze, transform, aggregate, de-identify, and derive information from these materials for model quality, safety, reliability, research, and service improvement.

If you upload or host your own code or materials in OpenPond without using OpenPond AI features to generate, modify, or analyze them, we may still process those materials as needed to host, secure, troubleshoot, and operate the service, but this section does not by itself grant us the right to use that non-AI-processed code for model training.

Third-party model, infrastructure, wallet, exchange, or other service providers may process data according to their own terms and policies. You are responsible for evaluating whether the service is appropriate for any sensitive, regulated, or proprietary workload you choose to run through it.

6. Customer Representations and Content Rights

You represent and warrant that you have all rights, permissions, consents, and authority necessary to submit, upload, host, deploy, process, use, and authorize the use of your content, code, configurations, apps, prompts, outputs, and connected systems through OpenPond, and to grant the licenses and permissions described in these terms.

You are solely responsible for making sure your use of OpenPond does not violate any confidentiality obligation, employment agreement, client agreement, third-party license, platform policy, law, or other restriction that applies to your materials or activities.

7. Access to Customer Lambdas

Your deployment worker lambdas, customer lambdas, and the code, actions, secrets, API keys, wallet credentials, outputs, and connected services associated with them remain your responsibility. You are responsible for the behavior, security, permissions, and consequences of running those systems.

OpenPond systems may host, schedule, invoke, route traffic to, and process operational metadata and service telemetry associated with your customer lambdas as part of providing the service, but OpenPond personnel do not intentionally access the contents of your customer lambdas, source code, secrets, API keys, or wallet credentials unless you expressly request or authorize access, or access is required by law, security incident response, or platform integrity needs.

If you grant us troubleshooting or support access, you grant only the limited access reasonably necessary to investigate, remediate, or support the issue you asked us to address.

8. Wallets, Keys, and Non-Custodial Services

OpenPond is not a custodian, bank, broker, exchange, fiduciary, investment adviser, or money transmitter. Wallet features are provided on a non-custodial basis unless we expressly state otherwise in a separate written agreement.

You are solely responsible for your wallets, keys, passkeys, credentials, approvals, policies, connected accounts, and the security of your devices and integrations. You are responsible for reviewing every authorization and transaction you permit through OpenPond, Turnkey, Hyperliquid, or any other connected service.

• Creating and maintaining secure credentials, passkeys, permissions, and wallet policies
• Monitoring approvals, signatures, broadcasts, and transaction history
• Exporting, rotating, revoking, and backing up credentials and configurations as appropriate
• Ensuring your use of wallets and digital assets complies with applicable law

9. Trading, Hyperliquid, and No Advice

Trading, investing, staking, lending, borrowing, or interacting with digital assets and Web3 protocols is inherently risky. You are solely responsible for evaluating all risks and deciding whether to use OpenPond in connection with any wallet, exchange, protocol, market, or transaction.

OpenPond does not provide investment, tax, legal, accounting, brokerage, trading, or fiduciary advice. Any AI output, workflow, review, signal, or summary is informational only and may be incomplete, delayed, inaccurate, or unsuitable for your use case.

You are solely responsible for any exchange fees, builder fees, protocol fees, funding payments, gas fees, taxes, spreads, slippage, liquidation costs, and other charges incurred through Hyperliquid or any connected third-party service. OpenPond does not custody, reimburse, or refund those third-party or pass-through charges unless we expressly agree otherwise in writing.

• Market volatility, liquidation, slippage, funding, failed or partial execution, latency, or missed fills
• Protocol bugs, smart contract failures, oracle failures, exchange outages, chain reorganizations, mempool or sequencer issues, or bridge failures
• Any loss of digital assets, trading losses, unrealized gains, or tax consequences
• Any actions taken by your agents, automations, or connected services based on your instructions, permissions, or configurations

10. Acceptable Use and Public App Restrictions

You may not use the service, or permit others to use the service, to violate law, infringe intellectual property or privacy rights, distribute malware, launch attacks, gain unauthorized access, interfere with systems or users, evade safety controls, scrape or exfiltrate data without authorization, impersonate others, facilitate fraud, or otherwise engage in abusive, deceptive, harmful, or prohibited conduct.

If you publish, share, copy, fork, or operate public apps through OpenPond, you remain responsible for those apps and their behavior. We may remove, disable, delist, de-index, or restrict public apps, copied apps, or related accounts if we believe they are malicious, deceptive, abusive, infringing, unlawful, risky to others, or inconsistent with these terms or platform integrity.

11. Restricted Jurisdictions, Sanctions, and Export Controls

You may not use the service if your use would violate applicable sanctions, export controls, anti-money laundering requirements, or other laws or restrictions. You represent that you are not located in, ordinarily resident in, or using the service on behalf of a person or entity in a jurisdiction where such use is prohibited, and that you are not a prohibited or restricted party under applicable law.

We may restrict, suspend, or terminate access, refuse transactions, or remove apps or content if we believe your use may be prohibited by law, sanctions, export controls, geographic restrictions, compliance requirements, or platform integrity concerns.

12. Third-Party Services

The service may interoperate with third-party providers, including model providers, cloud providers, wallet providers, exchanges, market data vendors, and other APIs or infrastructure. Those services are governed by their own terms, policies, and operational practices.

OpenPond is not responsible for third-party acts, omissions, outages, policy changes, security incidents, delays, data handling practices, or losses caused by third-party services.

13. Security, Backups, and Compliance

You are responsible for securing your account, devices, repositories, secrets, integrations, and any content or systems you connect to OpenPond. You are also responsible for maintaining any backups, audit records, and business continuity measures you require.

You are responsible for ensuring that your use of the service, your content, your deployments, and your connected systems comply with applicable law, contracts, and internal policies. OpenPond is not responsible for your compliance obligations.

14. Suspension, Termination, and Service Changes

We may suspend, restrict, terminate, remove, disable, or refuse access to any account, app, deployment, content, workflow, or feature at any time if we believe you violated these terms, created risk for users or third parties, created legal or compliance exposure, threatened platform integrity, or used the service in a manner we consider abusive, deceptive, unlawful, or unsafe.

We may investigate suspected violations, preserve relevant records, cooperate with law enforcement or regulators, and remove or disable access to content or services as needed to protect OpenPond, users, third parties, or the public.

We may change, discontinue, or limit features of the service at any time. Upon termination, provisions of these terms that by their nature should survive will survive, including provisions relating to ownership, licenses, AI training authorization, disclaimers, indemnification, limitation of liability, and dispute resolution.

15. Disclaimers and Availability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPENPOND DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We do not guarantee that the service, any AI output, any deployment, any schedule, any automation, or any third-party integration will be uninterrupted, error-free, secure, timely, profitable, or available at any particular time or for any particular duration.

16. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless OpenPond and its affiliates, officers, directors, employees, contractors, and agents from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to your content, code, deployments, wallet use, trading activity, use of AI outputs, agents, automations, connected services, violation of law, or breach of these terms.

17. Limitation of Liability

To the maximum extent permitted by law, OpenPond and its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers will not be liable for any indirect, incidental, special, exemplary, consequential, punitive, or similar damages, or for any loss of profits, revenue, business, goodwill, data, digital assets, opportunities, expected gains, or business interruption, even if advised of the possibility of those damages.

To the maximum extent permitted by law, OpenPond's total aggregate liability arising out of or relating to the service or these terms will not exceed the amounts, if any, that you paid directly to OpenPond for the service in the twelve months before the event giving rise to the claim. For clarity, this cap excludes exchange fees, builder fees, protocol fees, gas fees, network fees, taxes, pass-through charges, and amounts paid to third parties.

Some jurisdictions do not allow certain disclaimers, exclusions, or limitations of liability, so some portions of this section may not apply to you to the extent prohibited by law.

18. Governing Law and Venue

These terms and any dispute, claim, or controversy arising out of or relating to the service or these terms will be governed by the laws of the State of Delaware, without regard to conflict of laws principles.

You and OpenPond agree that any dispute, claim, or controversy arising out of or relating to the service or these terms will be brought exclusively in the state or federal courts located in Delaware, and each party irrevocably consents to the personal jurisdiction and venue of those courts and waives any objection based on forum non conveniens or improper venue.

19. Changes to Terms

We may update these terms from time to time. Continued use of the service after updated terms become effective constitutes acceptance of the revised terms.

20. Contact Information

For questions regarding these Terms of Service, contact:

• Legal inquiries: legal@openpond.ai
• General support: support@openpond.ai