Terms of Service

Effective June 12, 2026 · Last updated June 12, 2026. Beta service — material changes go through email notice (see §15).

1. The service

Escalation Host ("we", "us", "Escalation Host") is operated by Escalation Tech. We provide hosted runtime environments for web applications and a Model Context Protocol (MCP) server + REST API designed so AI agents (the LLM clients you choose: Claude, GPT, Cursor, Aider, etc.) can operate the platform on your behalf. The service includes the container runtime, the MCP/REST surface, scoped credentials, audit logging, deployment pipeline, custom-domain routing, and supporting plumbing. Specifics are in the service catalog.

2. Your account

You ("you", "Customer") must be at least 13 years old (16 in the EU) and able to enter a binding contract in your jurisdiction. One account, one human (companies sign up through an authorized representative; agencies fall under a future multi-tenant product, not these terms). You are responsible for keeping your login credentials secure and for every action taken under your account — including actions by AI agents you authorize (see §3).

3. AI agents acting on your behalf

Escalation Host is designed for AI agents to operate your account through scoped API keys. The following terms apply specifically to that arrangement and are integral to your use of the service:

1. Authority. When you grant a scoped key to an AI agent, you authorize that agent to take the actions covered by the granted scopes on your behalf. Actions taken by an authorized agent are your actions for purposes of these terms.
2. Approval gates. We provide a per-action approval mechanism (magic-link email) that triggers for sensitive scopes (plan changes, custom domain modifications, account deletion, key minting). Configuring or bypassing those gates is your decision; if you disable them, the agent's actions take effect without your real-time confirmation.
3. Revocation. You may revoke any key at any time from your account page. Revocation is effective immediately for new API calls; in-flight operations may complete.
4. Audit log. Every action taken on your account — by you, by an agent, by us as the platform operator — is recorded in the audit log available to you at /account/audit. You should review it regularly.
5. No agency relationship with us. The AI assistant you use (Claude, GPT, Cursor, etc.) is not our agent, employee, or contractor. We provide the interface they call into; we do not direct their behavior, training, or output.
6. Your responsibility. You are responsible for: which AI agent you authorize; the scopes you grant; the prompts or instructions you give that agent; the consequences of actions the agent takes under those scopes. We are not liable for losses arising from agent actions you authorized via a granted scope, except to the extent caused by our gross negligence or willful misconduct (and subject to §12).
7. Compaction recovery. Lost-key recovery via magic-link is provided as a convenience. You decide whether to grant a new key to a fresh agent instance; we do not verify the identity of any specific instance beyond your magic-link approval.

4. Acceptable use

You and your authorized agents agree to comply with the Acceptable Use Policy, which is incorporated into these terms by reference. Material violations of the AUP may result in suspension or termination under §10.

5. Payment

1. Stripe. Stripe, Inc. processes payments on our behalf. By providing payment information, you agree to Stripe's Services Agreement.
2. Charges. We charge the plan price you select, monthly, on the recurring billing date set by Stripe at signup. Prices are listed at /api/agent/service-catalog and on the landing page.
3. Cancellation. You may cancel any time from /account/. Cancellation stops future renewals; the service runs through the end of the current billing period. We do not pro-rate refunds for the current period except as described in the Refund Policy.
4. Taxes. Prices exclude taxes. You are responsible for any sales, use, VAT, GST, or similar taxes assessed on your purchase.
5. Failed payment. If Stripe cannot collect a renewal payment, we'll retry per Stripe's standard dunning. After repeated failures the account moves to a grace state; we may suspend the service after the grace period without further notice.
6. Price changes. We may change plan prices on at least 30 days' email notice. The change takes effect on your next renewal after the notice period. You can cancel before that renewal to avoid the new price.

6. Your content + your IP

You retain all rights to the code, data, configuration, env variables, persistent notes, and other content you (or your AI agents) ship to or generate on the platform ("Customer Content"). You grant us a limited license to host, process, transmit, display, and serve Customer Content solely as needed to operate the service for you.

We do not use Customer Content to train AI models, to improve our own product features beyond aggregate non-identifying telemetry, or to sell or share with third parties. The persistent notes your AI agents write are visible only to you and to keys you have granted the notes:read scope.

7. Our IP + your license to the service

The platform, the MCP server, the REST API surface, the documentation, the runtime images we maintain, the brand, and the look-and-feel are ours (or licensed to us). We grant you a non-exclusive, non-transferable, revocable license to use the service in accordance with these terms. Nothing in these terms transfers ownership of our IP to you.

8. Privacy + data handling

Our Privacy Policy describes what we collect, how we handle it, your rights (including GDPR and CCPA rights where applicable), and our sub-processors. The privacy policy is incorporated into these terms. Our sub-processor list with effective dates is maintained separately.

9. Service-level expectations

We aim for 99.5% monthly uptime on the agent control-plane API. Specific commitments and service-credit mechanics are described in the SLA. During beta, no service credits accrue — the SLA is published as a transparency document, not a financial commitment.

10. Suspension + termination

1. By you. Cancel any time per §5.
2. By us, for cause. We may suspend or terminate your account immediately for: material AUP violations; non-payment past the grace period; legal compulsion (court order, sanctions screening); or threats to the integrity, security, or stability of the platform. We will give notice when practical; in clear-abuse cases we may act first and notify after.
3. Effect of termination. On termination, your access to the service ends. We retain Customer Content for 30 days to allow export, then delete it. You may request immediate deletion in writing.
4. Survival. Sections 6, 7, 11, 12, 13, 14, and 16 survive termination.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT ANY PARTICULAR OUTCOME FROM ACTIONS TAKEN BY AI AGENTS YOU AUTHORIZE.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

1. NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL — EVEN IF ADVISED OF THE POSSIBILITY.
2. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED US DOLLARS (USD $100), WHICHEVER IS GREATER.
3. THESE LIMITS APPLY REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STATUTE, OR OTHERWISE) AND APPLY TO ANY CLAIM AGAINST US OR OUR AFFILIATES, OFFICERS, EMPLOYEES, OR CONTRACTORS.
4. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITS; IN THOSE JURISDICTIONS OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Indemnification

You agree to indemnify and hold harmless Escalation Tech and its affiliates, officers, employees, and contractors from any third-party claim, loss, or damage (including reasonable attorneys' fees) arising out of (a) Customer Content; (b) actions taken on your account, including by AI agents you authorized; (c) your violation of these terms or applicable law; or (d) your violation of any third-party right, including IP rights.

We will defend you against any third-party claim alleging that the unmodified service (as we provided it) infringes a US patent, copyright, or trademark, and pay damages finally awarded — provided you give us prompt notice, control of the defense, and reasonable cooperation. Our maximum liability under this provision is the cap in §12.

14. Governing law + dispute resolution

1. Governing law. These terms are governed by the laws of the State of Illinois, USA, excluding its conflict-of-laws rules and excluding the UN Convention on Contracts for the International Sale of Goods.
2. Informal resolution. Before filing a formal claim, you agree to send a written notice describing the claim to [email protected] and attempt good-faith resolution for at least 30 days.
3. Binding arbitration. If informal resolution fails, any dispute will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, in Chicago, Illinois (or by video conference at your option). Judgment on the award may be entered in any court of competent jurisdiction.
4. Class-action waiver. You and we agree to bring claims only in an individual capacity, not as a plaintiff or class member in any class or representative action. If a court finds this waiver unenforceable, the arbitration agreement above does not apply to that specific claim.
5. 30-day opt-out. You may opt out of the arbitration agreement and class-action waiver by emailing [email protected] within 30 days of first agreeing to these terms, with subject line "Arbitration Opt-Out" and your account email in the body. Opting out does not affect any other part of these terms.
6. Small-claims carve-out. Either party may bring a qualifying claim in small-claims court.

15. Changes to these terms

We may modify these terms from time to time. Material changes (changes that materially reduce your rights or expand your obligations) will be sent to your account email at least 30 days before they take effect. Non-material changes (typo fixes, clarifications, contact-info updates) may be made without notice. The current version is always at this URL with the "Last updated" date at the top. Continued use of the service after a change becomes effective constitutes acceptance.

16. Miscellaneous

1. Entire agreement. These terms, together with the AUP, Privacy Policy, SLA, and any plan-specific addenda, are the entire agreement between you and us regarding the service.
2. Severability. If any provision is held unenforceable, the rest remains in effect.
3. No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
4. Assignment. You may not assign these terms without our written consent. We may assign these terms in connection with a merger, acquisition, or sale of substantially all our assets, on notice to you.
5. Force majeure. Neither party is liable for failure to perform due to causes beyond reasonable control (natural disasters, war, terrorism, civil unrest, labor disputes, internet/utility outages, sub-processor failures, government action), provided the affected party gives prompt notice and resumes performance when able.
6. Independent contractors. Nothing in these terms creates a partnership, joint venture, employment, or agency relationship.
7. Notices to you. We send notices to the email on your account; you are responsible for keeping it current.
8. Notices to us. Legal notices to [email protected]; operational issues to [email protected].
9. Export controls + sanctions. You represent that you are not located in (and not a national of) any country subject to comprehensive US sanctions, and you are not on any US government denied-party list.
10. US government users. The service is "commercial computer software" under FAR 12.212 / DFARS 227.7202; US government rights are those granted to all other end users by these terms.

17. Contact

Legal: [email protected]
Privacy: [email protected]
Support: [email protected]
DMCA: see the DMCA policy