Effective date 19 August 2026
Terms of Service
These Terms of Service (the "Terms") are an agreement between Cypress Labs, Inc., a Delaware corporation ("Cypress," "we," "us," or "our"), and the business on whose behalf you use our websites, applications, agents, and services (collectively, the "Services"). By creating an account, connecting an integration, or using the Services, you agree to these Terms on behalf of that business ("you" or "Customer"), and you represent that you have authority to bind it. If you do not have that authority, or you do not agree to these Terms, do not use the Services.
1. Business Use Only
The Services are built for businesses and the people who run them. You may use the Services only for business purposes, not for personal, family, or household purposes, and consumer protection laws that apply to consumer transactions do not apply to these Terms. Anyone you authorize to use the Services under your account (owners, employees, contractors) must comply with these Terms, and you are responsible for their use.
2. The Services
Cypress provides an AI platform, including AI agents that communicate over messaging channels and applications, that helps you understand and operate your business. The Services are under active development. We may add, change, or remove features, and we will not make changes that materially reduce the core functionality you pay for without notice. Features identified as beta, preview, or early access are provided as-is, may change or be withdrawn at any time, and may be subject to additional terms.
3. Accounts
You must provide accurate information when creating an account and keep it current. You are responsible for safeguarding access to your account and the messaging channels connected to it, and for all activity under them. Tell us promptly at [email protected] if you suspect unauthorized access.
4. Your Data
"Customer Data" means data you submit to the Services or that we retrieve on your behalf through connected accounts and integrations, including business records, message content, and financial account data. As between you and Cypress, you own Customer Data.
You grant Cypress a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, and display Customer Data as needed to provide, maintain, secure, and improve the Services, to develop new products and services, and as otherwise permitted by these Terms and our Privacy Policy.
We may create and use aggregated or de-identified data derived from Customer Data and from your use of the Services (for example, benchmarks, statistics, and model improvements), provided it does not identify you, any individual, or your confidential information. Our rights in aggregated and de-identified data survive termination.
You are responsible for the accuracy and lawfulness of Customer Data and for having all rights and consents needed to provide it to us and to authorize the processing described in these Terms, including any personal information about your own customers and employees contained in it.
5. Integrations and Linked Accounts
The Services connect to third-party products such as point-of-sale systems, payment processors, messaging providers, and financial data providers. When you connect an account, you instruct and authorize Cypress to access and retrieve data from it on your behalf. Your use of third-party products is governed by their terms, not ours; we are not responsible for third-party products, their availability, or their data accuracy. You may disconnect an integration at any time. If you link a financial account, you represent that you are the account owner or are authorized to grant that access.
6. Messaging
The Services operate over messaging channels such as WhatsApp and iMessage. By connecting a channel or providing a phone number, you consent to receiving messages from your Cypress agent on that channel, including recurring operational messages. Message and data rates from your carrier may apply. Messaging channels are operated by third parties and are subject to their terms and availability. If you use the Services in any way to communicate with your own customers or contacts, you are solely responsible for obtaining any consents required by law (including telemarketing, spam, and electronic communications rules) and for the content of those communications.
7. Acceptable Use
You will not, and will not permit anyone to:
- Use the Services in violation of law, or to send unlawful, deceptive, or unsolicited communications;
- Reverse engineer, decompile, or attempt to extract the source code, models, or prompts underlying the Services, except where that restriction is prohibited by law;
- Access the Services to build a competing product, or systematically scrape or extract data from them;
- Resell, sublicense, or provide the Services to third parties, or use them on behalf of a business other than the Customer, without our written agreement;
- Interfere with or disrupt the integrity, security, or performance of the Services;
- Attempt to bypass usage limits, safety measures, or access controls, or probe or test the vulnerability of the Services without our written permission;
- Submit data you do not have the right to provide.
8. AI Outputs
The Services use artificial intelligence, including large language models, to generate responses, insights, reports, and recommendations ("Outputs"). Outputs are generated by statistical methods, may be inaccurate, incomplete, or out of date, and may not reflect your actual business condition. You are responsible for evaluating Outputs before relying on them, and for all decisions you make. Outputs are provided for general informational purposes only and are not financial, investment, legal, tax, or accounting advice; Cypress is not a fiduciary, financial adviser, broker, accountant, or law firm. Nothing in the Services is a guarantee of business performance or outcomes.
9. Fees
If your use of the Services is paid, fees, billing frequency, and payment terms are as set out in the plan, order, or other agreement under which you subscribed. Fees are exclusive of taxes, which you are responsible for (other than taxes on our income). Except as required by law or expressly stated otherwise, fees are non-refundable. We may change fees or introduce new fees with at least 30 days' notice, effective on your next billing period. If we provide the Services to you free of charge, we may modify or discontinue that free access at any time.
10. Intellectual Property; Feedback
Cypress and its licensors own the Services and everything in them other than Customer Data, including all software, models, prompts, interfaces, designs, and documentation, and all related intellectual property rights. These Terms grant you a limited, non-exclusive, non-transferable right to access and use the Services during the term for your internal business purposes, and no other rights. If you give us feedback, suggestions, or ideas about the Services, we may use them without restriction or obligation to you.
11. Confidentiality
Each party may receive non-public information from the other that is marked confidential or that reasonably should be understood to be confidential ("Confidential Information"). Customer Data is your Confidential Information; the Services, their non-public features, and our pricing are ours. Each party will use the other's Confidential Information only as needed to perform under these Terms, will protect it with at least reasonable care, and will not disclose it except to employees, advisers, and service providers who need it and are bound by confidentiality obligations, or as required by law with notice where lawful.
12. Data Protection
Our collection and use of personal information is described in the Privacy Policy. Where we process personal data contained in Customer Data on your behalf (for example, records about your customers), we do so as your processor or service provider: we process it only to provide the Services and as instructed by these Terms, require confidentiality from personnel who access it, engage subprocessors (such as hosting and AI model providers) under written terms at least as protective, apply appropriate technical and organizational security measures, assist you as reasonably needed with data subject requests and security incidents, and delete or return it as described in Section 14. Where UK or EEA data protection law requires additional processor terms or international transfer safeguards, we offer a data processing addendum incorporating them; contact [email protected].
13. Suspension
We may suspend or limit access to the Services immediately if we reasonably believe your use violates Section 7, threatens the security or integrity of the Services or others' data, creates legal exposure for us, or if fees are overdue. We will notify you and restore access once the issue is resolved, where practicable.
14. Term and Termination
These Terms apply from your first use of the Services until terminated. You may stop using the Services and close your account at any time. Either party may terminate for material breach if the breach is not cured within 30 days of notice. We may also terminate these Terms or discontinue the Services with at least 30 days' notice; if you have prepaid fees for a period beyond termination in that case, we will refund the unused portion.
For 30 days after termination, we will make Customer Data available for export in a reasonable format on request. After that, we may delete Customer Data, except copies retained in routine backups or as required by law, which remain protected under these Terms until deleted. Sections that by their nature should survive (including Sections 4 (aggregated data), 8, 10, 11, 15, 16, 17, and 18) survive termination.
15. Disclaimers
THE SERVICES AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, CYPRESS DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT OUTPUTS WILL BE ACCURATE OR RELIABLE, OR THAT DATA RETRIEVED FROM THIRD-PARTY INTEGRATIONS WILL BE COMPLETE OR CURRENT.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) CYPRESS'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR ONE HUNDRED US DOLLARS ($100). THESE LIMITS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS, EITHER PARTY'S BREACH OF SECTION 11, YOUR INDEMNIFICATION OBLIGATIONS, OR LIABILITY THAT CANNOT BE LIMITED BY LAW (INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR FOR FRAUD).
17. Indemnification
You will defend and indemnify Cypress against third-party claims, and resulting damages, costs, and reasonable attorneys' fees, arising from: (a) Customer Data, including claims that it was collected or provided without necessary rights or consents; (b) your communications with your own customers or contacts through or in connection with the Services; (c) your use of the Services in violation of these Terms or the law; or (d) your products, services, or business operations. We will notify you promptly of any such claim and reasonably cooperate at your expense; you may not settle a claim in a way that imposes obligations on us without our consent.
18. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws rules, and the United Nations Convention on Contracts for the International Sale of Goods does not apply. The state and federal courts located in Delaware have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, and each party consents to their jurisdiction and waives objections to venue. Each party waives any right to a jury trial. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.
19. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the effective date above, and for material changes we will give at least 30 days' notice by email or in-product message before they take effect. Your continued use of the Services after a change takes effect constitutes acceptance. If you do not agree to a change, stop using the Services and close your account before the change takes effect.
20. General
- Entire agreement. These Terms, the Privacy Policy, and any order or plan you agree to with us are the entire agreement about the Services and supersede prior discussions. If a signed agreement between you and Cypress conflicts with these Terms, the signed agreement controls.
- Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, financing, or sale of assets.
- Notices. We may give notice by email to the address on your account or through the Services. Legal notices to Cypress go to [email protected].
- Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including outages of third-party platforms, providers, and networks.
- Export and sanctions. You may not use the Services in violation of export control or sanctions laws, and you represent that you are not located in an embargoed jurisdiction or on a restricted-party list.
- Severability; waiver. If a provision is unenforceable, the rest remain in effect and the provision will be enforced to the maximum extent permitted. A failure to enforce a provision is not a waiver.
- Publicity. We may identify you by name and logo as a customer with your prior consent, which you may give or withdraw by contacting us.
Contact
Questions about these Terms: [email protected].