Constal — Terms and Conditions

Effective Date: August 20, 2026
Company: Constal, Inc.
Service: Constal
Contact: legal@constal.ai

These Terms and Conditions govern access to and use of Constal, including any related software, APIs, websites, hosted services, managed environments, agents, documentation, user interfaces, and related services provided by Constal, Inc., a Delaware corporation ("Constal," "we," "us," or "our").

By accessing or using Constal, you agree to these Terms. If you use Constal on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes that organization.

1. Eligibility and Authority

You must be at least eighteen (18) years old, or the age of majority in your jurisdiction, and capable of forming a binding contract to use Constal. If you access or use Constal on behalf of an organization, you represent and warrant that you are authorized to bind that organization to these Terms.

You may not access or use Constal if you are barred from using the Service under applicable law, if we have previously suspended or terminated your access, or if you are located in a jurisdiction where we do not offer the Service.

2. The Service

Constal provides a managed cloud runtime for deploying, executing, governing, and observing production AI agents. The Service may provide durable sessions and runs, agent and Channel deployment, model and tool execution, sandboxed compute, Resource and Driver integrations, policy enforcement, credential handling, state, logs, traces, analytics, and operator controls.

A "run" means an execution of an agent task or workflow. A "Resource" means an integration or managed capability made available to an agent, Channel, or other authorized component, including models, tools, data stores, web access, services, MCP servers, browsers, sandboxes, vaults, and similar systems.

Constal may operate through hosted services, managed sandbox environments, APIs, SDKs, agents, user interfaces, command-line tools, or other current or future interfaces. References to the "Service" include all current and future ways of accessing Constal.

Depending on your configuration, Constal may execute agent code; process prompts, messages, state, logs, tool calls, and outputs; invoke third-party systems; install dependencies; run commands; create artifacts; retain durable execution records; pause, retry, resume, steer, or terminate work; and request human approval.

You are responsible for selecting appropriate execution modes, permissions, Policies, approvals, budgets, Resources, Credentials, and configurations; appropriately scoping environments and secrets; charges incurred with third-party services; and consequences of actions permitted by your configuration or instructions, except where responsibility cannot be allocated to you under applicable law.

3. Accounts, Organizations, and Credentials

You may need an account, API key, OAuth login, SSO identity, organization membership, or other credential to use parts of the Service. You are responsible for maintaining the confidentiality of your credentials and for activity under your account, tenant, organization, API keys, sessions, and authorized users.

If you administer an organization or tenant, you are responsible for managing users, roles, permissions, namespaces, Resources, deployments, billing, and access. We may rely on instructions from owners, administrators, and authorized users. You must promptly notify us of unauthorized access or suspected compromise.

4. Customer Content

"Customer Content" means agent code, bundles, files, prompts, messages, task descriptions, state, datasets, Resource configuration, logs, command output, transcripts, tool inputs and results, artifacts, Credentials or secrets, and other information provided, submitted, exposed, transmitted, or generated through your use of the Service. Customer Content does not include Constal technology, Feedback, Aggregated De-Identified Data, or general usage data that does not identify you, your organization, or an individual.

As between you and Constal, you retain ownership of Customer Content. You grant Constal a worldwide, non-exclusive, royalty-free license to host, copy, transmit, process, display, modify, create derivative works from, and otherwise use Customer Content as necessary or useful to provide, secure, operate, maintain, support, troubleshoot, analyze, test, develop, and improve the Service; generate Aggregated De-Identified Data; comply with law; and enforce these Terms.

You represent and warrant that you have all rights, permissions, consents, and authority necessary to provide Customer Content and permit its processing as described in these Terms and the Privacy Policy.

5. Agent Code, Resources, and Sensitive Information

Agent code, connected Resources, execution output, and telemetry may contain sensitive information, including secrets, Credentials, private keys, tokens, proprietary code, personal information, security vulnerabilities, and confidential business information.

You are responsible for deciding what Customer Content and systems to make available to Constal. You may not submit protected health information, payment card data, government identifiers, children's data, personal information about individuals located in the European Union or European Economic Area, or other regulated personal information unless Constal has expressly agreed in writing to support that data type. Do not provide production Credentials or other sensitive information unless you are authorized and have configured the Service appropriately.

Constal may implement controls intended to reduce risk, including tenant and namespace isolation, sandboxing, Policy enforcement, Credential scoping and rotation, redaction, approvals, budgets, audit records, and network restrictions. These controls do not eliminate all risk, and you remain responsible for reviewing your access, configurations, and outputs.

6. Agent Actions and User Responsibility

Agents may act autonomously or semi-autonomously based on your code, instructions, configuration, permissions, and selected execution mode. This may include processing data, writing files, running commands, installing dependencies, making network requests, invoking Resources and tools, using AI models, producing artifacts, and calling external systems.

You are responsible for:

• reviewing agent definitions, plans, commands, changes, outputs, and operational behavior;
• testing and validating agents before and during production use;
• granting only the permissions and access appropriate for each workload;
• maintaining backups, recovery plans, and independent records where appropriate;
• complying with law, third-party terms, licenses, employment obligations, and security requirements; and
• ensuring the Service is not used in unsafe, unlawful, or unauthorized ways.

Agent-generated outputs and actions may be incomplete, incorrect, insecure, noncompliant, delayed, duplicated by an external system, or unsuitable for your intended purpose. You should not rely on them without appropriate human review and operational safeguards.

7. AI Providers, Aggregated Data, and Outputs

Constal may use AI models, inference gateways, cloud infrastructure, and other vendors to process prompts, code, logs, task descriptions, messages, tool output, agent state, and other Customer Content as needed to provide the Service.

Customer Content and foundation model training. Constal will not use raw Customer Content to train Constal or third-party foundation models except with your explicit opt-in or as separately agreed in writing.

Aggregated De-Identified Data. "Aggregated De-Identified Data" means data submitted to, collected by, or generated by the Service only in aggregate, de-identified form that cannot reasonably be linked specifically to you or your organization. Constal may use, retain, and make available such data to improve, test, operate, secure, promote, and market the Service and other products and services. Constal will maintain it in de-identified or aggregate form and require recipients not to attempt reidentification.

Outputs. "Output" means code, text, artifacts, plans, summaries, recommendations, or other materials generated by the Service for you, excluding Constal technology, Feedback, Aggregated De-Identified Data, third-party materials, and Customer Content owned by others. Subject to these Terms, you may use Outputs for lawful purposes. To the extent Constal has any right, title, or interest in Output generated specifically for you, Constal assigns that interest to you.

AI outputs may not be unique. Constal does not warrant that Output is original, protectable, defensible, non-infringing, secure, accurate, complete, or free from third-party rights.

8. Acceptable Use

You may not use Constal, or allow a third party to use it, in a way that:

• violates law, regulation, court order, sanctions, export controls, or third-party rights;
• accesses, tests, scans, attacks, or attempts to compromise a system, network, account, Credential, or data without authorization;
• creates, deploys, assists, or facilitates malware, ransomware, destructive code, credential theft, phishing, spam, botnets, exploit kits, evasion tools, or other harmful activity;
• exfiltrates, exposes, sells, or misuses secrets, Credentials, tokens, keys, personal information, confidential information, or proprietary code without authorization;
• interferes with, disrupts, overloads, or abuses the Service or third-party systems;
• bypasses or attempts to bypass access controls, Policies, rate limits, budgets, usage limits, monitoring, security controls, or billing mechanisms;
• violates the terms or policies of AI, cloud, payment, identity, code-hosting, package, search, or other providers;
• infringes intellectual property, privacy, publicity, contractual, employment, or confidentiality rights;
• performs unlawful surveillance, profiling, discrimination, harassment, deception, fraud, or manipulation;
• uses the Service in safety-critical, life-critical, high-risk, regulated, or legally significant decisions without appropriate oversight, testing, professional review, and authorization;
• develops or operates weapons or systems intended to cause physical harm; or
• requires Constal to support legal or compliance obligations that Constal has not expressly accepted in writing.

Authorized defensive security work, internal testing, and legitimate development are permitted when you have all necessary rights and your use complies with these Terms and applicable law. We may suspend or terminate access where we reasonably believe use violates these Terms or creates security, legal, operational, or third-party risk.

9. Third-Party Services

The Service may interoperate with cloud infrastructure, payment processors, identity providers, AI inference providers, code hosts, package repositories, databases, search providers, MCP servers, development tools, and user-authorized integrations. Your use of those services may be subject to separate terms and privacy policies.

Constal is not responsible for third-party services, content, APIs, models, repositories, dependencies, tools, or external systems you choose to use. You are responsible for associated fees and usage charges unless a written agreement states otherwise.

10. Fees, Credits, and Usage

You agree to pay fees described in the applicable pricing page, checkout flow, order form, invoice, or usage schedule. Charges may be subscription-based, usage-based, prepaid, or otherwise stated at purchase. We may use a third-party payment processor, and you authorize applicable charges and taxes.

If credits are offered, credits are not money, currency, stored value, or a deposit account; have no cash value; and are not transferable or redeemable except as expressly stated. Fees and credit purchases are non-refundable except as required by law or agreed in writing.

We may pause, reject, or limit usage when a balance, budget, quota, or payment method is insufficient. We may change pricing, consumption rates, included features, or usage limits prospectively. Past-due amounts accrue interest at 1.5% per month or the maximum lawful rate, plus reasonable collection costs.

11. Usage Limits and Availability

The Service may impose limits on tokens, agents, runs, execution time, sandbox time, storage, retention, payload size, concurrency, requests, model access, cost budgets, and other Resources. We may throttle, pause, queue, stop, or reject work to manage capacity, enforce budgets, control costs, prevent abuse, comply with law, or address security concerns.

We do not guarantee uninterrupted, error-free, secure, or continuous availability. Runs may fail, pause, time out, encounter indeterminate external outcomes, require intervention, or produce incomplete results.

12. Beta and Experimental Features

Features identified or reasonably understood as alpha, beta, preview, experimental, evaluation, or pre-release may be unstable, incomplete, unsupported, or changed or discontinued at any time. They are provided "as is" and may have additional restrictions, lower reliability, or different data handling terms disclosed when used.

13. Confidentiality

"Confidential Information" means non-public information disclosed by one party to the other that is marked confidential or should reasonably be understood as confidential. Customer Content is your Confidential Information. Non-public information about Constal, including unreleased features, security controls, pricing, architecture, benchmarks, and technical documentation, is Constal Confidential Information.

Each party will use the other party's Confidential Information only to perform under these Terms and protect it using reasonable safeguards. Confidential Information excludes information publicly available without breach, already known without obligation, independently developed, lawfully obtained from a third party, or Aggregated De-Identified Data. A party may disclose Confidential Information when required by law, with reasonable notice where permitted.

14. Security

Constal uses reasonable technical and organizational safeguards designed to protect Customer Content. No system is completely secure, and Constal does not guarantee freedom from unauthorized access, loss, misuse, alteration, corruption, or exposure.

You are responsible for your security practices, including code and dependency hygiene, secret management, account and endpoint security, access controls, backups, approval workflows, Policy design, and least privilege.

15. Data Protection and Geographic Restrictions

Our Privacy Policy explains how we collect, use, disclose, and retain personal information. You are responsible for ensuring you have all rights, permissions, notices, consents, and legal authority needed to provide personal information through Customer Content.

Unless Constal agrees in a separate signed writing, Constal does not undertake special regulated-data, industry-specific compliance, or customer-specific data-handling obligations beyond these Terms and the Privacy Policy.

Constal is not currently offered for use in the European Union or European Economic Area and does not currently provide EU AI Act compliance, EU/EEA data-protection compliance, EU representative services, EU-specific transfer mechanisms, or EU-specific compliance terms. You may not access or use Constal from, or submit personal information of individuals located in, the EU or EEA unless Constal expressly agrees in writing.

16. Intellectual Property

Constal and its licensors own all rights in the Service, including software, systems, agents, workflows, interfaces, models, documentation, designs, trademarks, and technology, except Customer Content and assigned Outputs.

Subject to compliance with these Terms, Constal grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service while you have active access. You may not copy, modify, distribute, sell, lease, reverse engineer, decompile, or extract source code from the Service except as permitted by law or an applicable open-source license.

17. Feedback

If you provide feedback, suggestions, ideas, bug reports, or feature requests, you grant Constal a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, transferable license to use them without restriction or compensation, provided we do not disclose your Confidential Information except as permitted by these Terms.

18. Open Source and Third-Party Code

Constal may interact with open-source software, package managers, dependencies, and third-party code. You are responsible for applicable licenses and terms. Constal does not guarantee that generated Output or recommendations comply with open-source obligations, contributor agreements, export controls, security policies, or internal rules.

19. Termination

You may stop using the Service at any time. We may suspend or terminate access if you breach these Terms, fail to pay fees, create security or legal risk, violate third-party requirements, or use the Service in a way that may harm Constal, other users, or third parties.

On termination, your right to access ends. Termination does not require a refund except as required by law or agreed in writing. Provisions relating to fees, Customer Content processing needed for wind-down, Aggregated De-Identified Data, confidentiality, intellectual property, disclaimers, liability, indemnity, dispute resolution, and legal compliance survive.

20. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONSTAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SECURITY, RELIABILITY, AND AVAILABILITY.

CONSTAL DOES NOT WARRANT THAT THE SERVICE WILL PRODUCE CORRECT, SECURE, COMPLETE, NON-INFRINGING, DEFENSIBLE, OR USEFUL OUTPUTS; THAT AGENTS OR GENERATED CODE WILL WORK AS INTENDED; THAT RUNS WILL COMPLETE; THAT ERRORS WILL BE DETECTED; OR THAT CUSTOMER CONTENT WILL NOT BE LOST, CORRUPTED, OR EXPOSED.

You are responsible for independent review, testing, validation, backups, approvals, and deployment decisions.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONSTAL WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, SECURITY INCIDENTS, BUSINESS INTERRUPTION, FAILED DEPLOYMENTS, THIRD-PARTY COSTS, SUBSTITUTE SERVICES, OR COSTS ARISING FROM ACTIONS, OUTPUTS, INTEGRATIONS, OR ENVIRONMENTS CONFIGURED OR PERMITTED BY YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONSTAL'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID CONSTAL FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) USD $100.

These limits apply regardless of legal theory and even if a remedy fails its essential purpose, except where liability cannot lawfully be limited.

22. Indemnity

You will defend, indemnify, and hold harmless Constal, its affiliates, officers, directors, employees, contractors, and agents from claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising from your Customer Content; use of the Service; breach of these Terms; violation of law or third-party rights; agents, deployments, Resources, or Outputs; or configuration of permissions, tools, integrations, commands, and third-party services.

Constal will provide reasonably prompt notice. You may control defense and settlement, but may not impose liability, admission, restriction, or obligation on Constal without prior written consent. Constal may participate with its own counsel at its own expense.

23. Export and Sanctions

You may not use, export, re-export, or transfer the Service except as authorized by applicable export-control and sanctions laws. You represent that you are not located in, organized under the laws of, or ordinarily resident in a restricted jurisdiction and are not a prohibited party.

24. Changes to the Service or Terms

We may modify the Service and these Terms. If changes are material, we will provide notice as required by law or the applicable agreement. Continued use after changes become effective means you accept the updated Terms.

25. Governing Law and Dispute Resolution

These Terms are governed by California law, without regard to conflict-of-law rules, and by the Federal Arbitration Act where applicable.

Before arbitration or litigation, the parties will attempt in good faith to resolve any claim arising from these Terms or the Service through informal negotiation for thirty (30) days after written notice.

An unresolved claim will be resolved by binding individual arbitration in San Francisco, California under the then-current JAMS Streamlined Arbitration Rules and Procedures, in English, before one arbitrator experienced in commercial software disputes. Judgment may be entered in any court of competent jurisdiction.

The parties waive class, collective, representative, and mass actions. Either party may bring a qualifying individual small-claims action or seek injunctive or equitable relief in court for intellectual property, unauthorized access, security abuse, or misuse of the Service. Subject to arbitration, state and federal courts in San Francisco County, California have exclusive jurisdiction.

26. Order of Precedence

If a signed agreement with Constal expressly governs your use, it controls to the extent of conflict. Otherwise, these Terms apply.

27. Assignment

You may not assign these Terms without Constal's prior written consent. Constal may assign them in connection with a merger, acquisition, reorganization, financing, sale of assets, corporate transaction, or operation of law.

28. Entire Agreement

These Terms, applicable checkout terms, order forms, pricing terms, product-specific terms, and incorporated policies are the entire agreement regarding the Service and supersede prior or contemporaneous understandings unless a separate signed writing states otherwise.

29. Severability and No Waiver

If a provision is unenforceable or invalid, it will be limited or eliminated to the minimum extent necessary and the remainder continues in effect. Failure to enforce a provision is not a waiver.

30. Force Majeure

Constal is not liable for delay, failure, loss, or damage caused by events beyond reasonable control, including infrastructure or provider outages, network failures, labor disruptions, cyberattacks, war, terrorism, natural disasters, changes in law, governmental action, or third-party service failures.

31. Notices

We may provide notices by email, through your account or the Constal UI, by posting on our website, or by other reasonable means. Legal notices to Constal must be sent to legal@constal.ai and the mailing address below. Notices are deemed given when sent or posted unless law requires otherwise.

32. Contact