Terms of Service

0. Who we are and what this document is

These Terms of Service ("Terms") are a binding agreement between you ("you", "User") and the operator of AgentCap, the service made available at getagentcap.com (the "Service", "we", "us", "our"). The Service is operated by an independent sole trader registered in Portugal (European Union). Contact details for legal and support purposes are at getagentcap.com/contact.

By creating an account, adding a wallet address, or otherwise using the Service, you accept these Terms. If you do not accept them, do not use the Service.

1. What the Service is — and what it is not

1.1 The Service is a read-only observability tool. You supply one or more public blockchain wallet addresses (currently on Base and Solana). The Service reads publicly available on-chain activity associated with those addresses — principally USDC and x402-protocol payment activity — and presents totals, budget comparisons, and optional webhook notifications.

1.2 The Service never takes custody of any funds, tokens, or other digital assets. It does not hold, receive, transmit, exchange, or administer assets on your behalf.

1.3 The Service never requests, receives, stores, or transmits private keys, seed phrases, mnemonics, keystore files, or wallet-approval signatures, and has no technical capability to do so.

1.4 The Service cannot move, freeze, block, cancel, reverse, or otherwise enforce any transaction or spending limit. A "budget" in the Service is a reporting threshold only. Exceeding a budget produces a notification, nothing more. If you require actual spend enforcement, the Service is not that product and must not be relied upon as if it were.

1.5 The Service is not a wallet, exchange, broker, custodian, payment institution, electronic money institution, virtual asset service provider, accounting system, tax filing tool, or audit product, and does not hold itself out as any of these.

2. Eligibility and accounts

2.1 You must be at least 18 years old and legally capable of entering into contracts. If you use the Service on behalf of an organisation, you represent that you are authorised to bind that organisation, and "you" means both you and that organisation.

2.2 You are responsible for the accuracy of everything you configure, including wallet addresses, address labels, chain selection, budget amounts and periods, and webhook endpoints. The Service cannot detect that you entered the wrong address. An incorrect address will produce correct-looking but meaningless output.

2.3 You are responsible for safeguarding your login credentials and for all activity under your account. Notify us via /contact promptly if you believe your account has been accessed without authorisation.

2.4 You will only add wallet addresses that you own, control, or are otherwise lawfully entitled to monitor. You are solely responsible for the lawfulness of monitoring any address you add.

3. Acceptable use

You will not: (a) use the Service to conduct, facilitate, or conceal unlawful activity, including money laundering, terrorist financing, or sanctions evasion; (b) use the Service in or for the benefit of any jurisdiction, entity, or person subject to applicable EU, UN, or United States sanctions; (c) attempt to circumvent plan limits, rate limits, or access controls; (d) scrape, resell, sublicense, or redistribute the Service's output as a competing data product; (e) probe, scan, or stress-test the Service or its infrastructure without written permission; (f) submit webhook endpoints designed to attack, amplify traffic against, or otherwise harm third parties.

4. Plans, payment, and refunds

4.1 The Service is offered on a Free tier and a paid Pro tier, with the features and limits described on the pricing page, which forms part of these Terms.

4.2 Pro is paid in USDC on the Base network, in advance, for a fixed period of thirty (30) days. There is no automatic renewal, no stored payment method, no card processor, and no subscription that continues without a further, separate payment by you. When the paid period ends, the account reverts to the Free tier unless you pay again.

4.3 Prices are quoted exclusive of any taxes, duties, or levies that may apply to you. You are responsible for determining and discharging your own tax obligations arising from your use of the Service. We are responsible only for taxes lawfully imposed on us.

4.4 Refunds. Payments are made on-chain and are technically irreversible; we cannot reverse a transaction. Except where a refund is required by mandatory law applicable to you (including, for consumers in the EU, any applicable statutory withdrawal right), payments for a 30-day Pro period are non-refundable once the period has begun. Where a refund is owed under mandatory law or granted by us at our discretion, it will be made in USDC on Base to the address from which payment was received, less any network fees.

4.5 You are responsible for sending the correct amount, on the correct network, to the correct address shown at the time of payment. Funds sent on the wrong network, to a wrong address, or in a wrong asset are generally unrecoverable and we cannot credit or restore them.

4.6 We may change pricing or plan limits prospectively. Changes do not affect a Pro period already paid for.

5. Availability — no uptime guarantee, no SLA

5.1 The Service is provided on an "as available" basis. There is no service level agreement, no uptime commitment, no support response time commitment, and no credit, refund, or other remedy for unavailability. This is a deliberate term of the bargain and is reflected in the price.

5.2 Without limiting clause 5.1, you acknowledge and accept that the Service depends on third-party infrastructure outside our control, and that all of the following are expected, ordinary occurrences for which we bear no liability:

(a) Blockchain and RPC dependency — the Service reads chain data through third-party and public RPC endpoints, indexers, and node providers. These may be slow, rate-limited, degraded, out of sync, temporarily unavailable, or may return incomplete, reorganised, stale, or incorrect data.

(b) Ingestion lag — on-chain activity is discovered by periodic polling, not in real time. Transactions may appear in the Service minutes, hours, or longer after they confirm on-chain, or, in the event of an ingestion failure, may not appear at all until the failure is resolved. Cursor, backfill, and catch-up logic may replay, deduplicate, or reorder records.

(c) Chain-level events — chain halts, congestion, hard forks, chain reorganisations, protocol upgrades, and changes to the x402 protocol or USDC contracts may cause missing, duplicated, or retrospectively changed data.

(d) Budget alerts may be late, wrong, or absent. A budget threshold is evaluated only against data the Service has actually ingested at the time of evaluation. Because of (a)–(c), a budget may be exceeded on-chain well before — or without ever — the Service registering it.

(e) Webhook delivery is best-effort. Webhooks may be delayed, delivered out of order, delivered more than once, or not delivered at all, including because of failures at your endpoint, network conditions, retry exhaustion, or our own outage. You must design your endpoint to be idempotent and must not use webhook delivery as a safety-critical control.

(f) Hosting and platform dependencies — hosting, database, authentication, email, and cron/scheduling providers may fail or change, causing partial or total outage or data unavailability.

(g) Maintenance and change — we may modify, suspend, degrade, or discontinue any part of the Service, including features, plan limits, and supported chains, with or without notice.

5.3 Do not use the Service as the sole or primary control for anything that matters. If the consequence of a missed, late, or inaccurate figure is material to you, you must maintain independent monitoring and independent spend controls at the wallet or agent level.

6. Data accuracy — no warranty

6.1 All on-chain data displayed by the Service is sourced from third-party RPC providers and public ledgers and is presented as-is. We do not warrant that it is accurate, complete, current, timely, or fit for any accounting, tax, audit, regulatory, or reconciliation purpose.

6.2 Amounts, totals, conversions, decimals, token identification, and timestamps are derived values and may be wrong. The authoritative record of any transaction is the underlying blockchain, not our dashboard.

6.3 No financial, investment, legal, accounting, or tax advice. Nothing in the Service or its output is advice or a recommendation. Any decision you make — to spend, not to spend, to trade, to fund or defund a wallet, to pause an agent, to file or report anything — is your decision alone.

7. Your content and our rights

7.1 You retain all rights in the data you submit (wallet addresses, labels, budget and webhook configuration). You grant us a limited, non-exclusive, worldwide, royalty-free licence to host, process, and display that data solely to operate and support the Service for you.

7.2 We retain all rights in the Service itself — software, interfaces, design, documentation, and branding. No rights are granted to you other than the limited right to use the Service under these Terms.

7.3 We may generate and use aggregated, de-identified statistics that do not identify you or any wallet you have added.

8. Indemnification

8.1 You will indemnify, defend, and hold harmless the operator of the Service, and its personnel, contractors, and suppliers (each an "Indemnified Party"), from and against any and all third-party claims, demands, actions, proceedings, investigations, losses, damages, fines, penalties, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

(a) your access to or use of the Service, including any use of its output; (b) any wallet address, label, budget configuration, webhook endpoint, or other configuration you supply — including errors in it and including monitoring an address you were not entitled to monitor; (c) any act or omission by you, or by any automated agent, bot, or system you operate or authorise, taken or not taken in reliance on the Service; (d) your breach of these Terms or of any law, regulation, or sanctions requirement applicable to you; (e) your violation of any third-party right, including privacy, data protection, intellectual property, and confidentiality rights; and (f) any traffic our Service sends to a webhook endpoint you configured, and any consequence of that traffic at that endpoint or at any third party.

8.2 We will notify you of any claim for which we seek indemnity and will not settle it in a way that imposes non-indemnified liability or admission on you without your consent, not to be unreasonably withheld. You may control the defence with counsel reasonably acceptable to us; we may participate at our own expense.

9. Disclaimer of warranties

9.1 To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available", with all faults and without warranty of any kind, whether express, implied, statutory, or otherwise, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, non-infringement, or arising from course of dealing or usage of trade.

9.2 We do not warrant that the Service will be uninterrupted, timely, secure, error-free, or that defects will be corrected, or that the Service will meet your requirements.

9.3 Some jurisdictions do not allow the exclusion of certain warranties. Where a warranty cannot lawfully be excluded, it is limited to the minimum scope and shortest duration permitted by that law. Nothing in these Terms excludes or limits any right you have under mandatory consumer protection law.

10. Limitation of liability

10.1 Excluded losses. To the maximum extent permitted by applicable law, no Indemnified Party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, opportunity, goodwill, anticipated savings, or data, however caused and on any theory of liability, even if advised of the possibility.

10.2 Specific exclusions. Without limiting clause 10.1, and to the maximum extent permitted by applicable law, we are not liable for:

(a) any trading, spending, funding, investment, treasury, budgeting, or other financial or operational decision made by you or by any agent you operate, whether or not based on data shown by the Service; (b) the accuracy, completeness, timeliness, or availability of on-chain data, which is sourced from third-party RPC endpoints and public ledgers and is not guaranteed in any respect; (c) any of the availability and delivery failure modes described in clause 5, including RPC outages, ingestion lag, missed or duplicated transactions, late or absent budget alerts, and delayed, duplicated, or undelivered webhooks; (d) any loss of funds, however arising, including funds sent to a wrong address or network, funds spent by an autonomous agent, and funds lost to a third-party exploit, phishing, or wallet compromise — noting that the Service holds no keys and cannot cause, prevent, or reverse any transfer; (e) the acts, omissions, outages, pricing, or terms of any third party, including blockchain networks, RPC and node providers, hosting, database, authentication, and email providers, and any wallet or agent framework you use; (f) any consequence of your reliance on the Service as a spend control rather than as a reporting tool.

10.3 Aggregate cap. To the maximum extent permitted by applicable law, the total aggregate liability of the Indemnified Parties, for all claims arising out of or relating to the Service or these Terms, whether in contract, tort (including negligence), statute, or otherwise, will not exceed the greater of (i) one hundred United States dollars (USD 100) and (ii) the total fees you actually paid to us for the Service in the twelve (12) months immediately preceding the event first giving rise to the claim. For users of the Free tier, this cap is USD 100.

10.4 Single cap. The cap in clause 10.3 is aggregate, not per claim. Multiple claims do not enlarge it.

10.5 Carve-outs. Nothing in these Terms limits liability for fraud or fraudulent misrepresentation, for death or personal injury caused by negligence, or for any other liability that cannot lawfully be limited or excluded — including, for consumers, any mandatory rights under applicable consumer law. Where a limitation is held unenforceable, it applies to the maximum extent permitted.

10.6 Allocation of risk. You acknowledge that the disclaimers and limitations in clauses 5, 6, 9, and 10 are a fundamental basis of the bargain, that the Service is offered free or at a nominal price in reliance on them, and that the Service would not be offered on any other basis.

11. Force majeure

Neither party is liable for any failure or delay in performance (other than a payment obligation already due) caused by an event beyond its reasonable control, including: acts of God, natural disaster, fire, flood, storm; epidemic or pandemic; war, hostilities, terrorism, civil unrest; strike or labour dispute; government action, law, sanction, embargo, court order, or regulatory intervention; failure or unavailability of the public internet, telecommunications, electricity, or cloud, hosting, RPC, node, database, or authentication providers; distributed denial-of-service, hacking, or other malicious third-party attack; and blockchain-level events including network halts, forks, reorganisations, sustained congestion, protocol changes, validator or sequencer failure, and failure or depeg of any stablecoin or token. The affected party will use reasonable efforts to resume performance. If such an event continues for more than sixty (60) days, either party may terminate on notice, and we will refund any prepaid, unused Pro period on a pro-rata basis.

12. Suspension and termination

12.1 You may stop using the Service at any time and may delete your account at any time from the account settings or by request via /contact.

12.2 We may suspend or terminate your access, with or without notice, if you breach these Terms, if your use threatens the security, integrity, legality, or availability of the Service or of third parties, or if required by law. Where practicable and lawful, we will give notice and an opportunity to cure.

12.3 We may discontinue the Service in whole or in part at any time. If we discontinue it while you hold a paid Pro period, we will refund the unused portion on a pro-rata basis in USDC on Base.

12.4 On termination, your right to use the Service ends immediately. Clauses 1.2–1.4, 4.4, 6, 7.2, 8, 9, 10, 11, 12.4, 13, 14, and 15 survive.

13. Dispute resolution, governing law, and venue

13.1 Informal resolution first — mandatory. Before starting any legal proceeding, you agree to contact us via getagentcap.com/contact with a written description of the dispute, the relief you seek, and your account email, and to negotiate in good faith for thirty (30) days from that notice. We will do the same before bringing any claim against you. Most issues with a product at this scale are resolved this way. This step is a condition precedent to proceedings, except that either party may at any time seek injunctive or other urgent interim relief, and either party may bring an individual claim in a small-claims court with jurisdiction.

13.2 Governing law. These Terms, and any dispute arising out of or relating to them or to the Service, are governed by the laws of Portugal, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of habitual residence.

13.3 Venue. The courts of Lisbon, Portugal have exclusive jurisdiction, and both parties submit to that jurisdiction and waive objections of inconvenient forum. If you are a consumer, you may also bring proceedings in the courts of your country of habitual residence, and we will bring proceedings against a consumer only in those courts where mandatory law so requires.

13.4 No class actions. To the maximum extent permitted by applicable law, disputes will be resolved on an individual basis only. You and we each waive any right to bring or participate in a class, collective, consolidated, or representative action. This clause 13.4 does not apply where it is unenforceable under law applicable to you, and does not affect any right to collective redress that mandatory law grants you.

13.5 EU online dispute resolution. Where applicable, consumers resident in the EU may also use the European Commission's online dispute resolution facilities and national alternative dispute resolution bodies. We are not obliged to, and do not currently commit to, participate in proceedings before a consumer arbitration board.

14. Changes to these Terms

We may amend these Terms. The "Last updated" date will change, and material changes will be notified by email or in-product notice before taking effect. Changes apply prospectively. Continued use after the effective date constitutes acceptance; if you do not accept, stop using the Service and, if you hold a paid Pro period, contact us for a pro-rata refund of the unused portion.

15. General

15.1 Entire agreement. These Terms, together with the pricing page and the Privacy Policy, are the entire agreement between you and us on this subject and supersede all prior understandings.

15.2 Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to be enforceable, or severed, and the remainder stays in force.

15.3 No waiver. Failure to enforce a provision is not a waiver of it.

15.4 Assignment. You may not assign or transfer these Terms without our written consent. We may assign them to a successor in connection with a reorganisation, incorporation of the business, merger, or sale of assets, including to a company later formed by the operator to carry on the Service.

15.5 No third-party beneficiaries, except that the Indemnified Parties may enforce clauses 8, 9, and 10.

15.6 Independent parties. Nothing here creates a partnership, joint venture, agency, employment, or fiduciary relationship.

15.7 Notices. We may give notice to you by email to your account address or by in-product notice. You must give notice to us via getagentcap.com/contact.

15.8 Language. These Terms are drafted in English. Any translation is for convenience; the English text governs to the extent permitted by law.