Terms of Service

Summary (not part of the Terms). If this box differs from the Terms, the Terms control.

The Services are for business use by people 18 or older. You own your Customer Content, and we do not use it to train or fine-tune AI models.

AI Output can be wrong, and you are responsible for what Agents do for you. Proto’s default mode acts without asking first.

Usage is paid with prepaid Credits at the rates on the pricing page. Purchased Credits do not expire while your account is open and are generally non-refundable.

Most disputes go to individual arbitration, class actions are waived, and you can opt out within 30 days. The Services are provided as is, and liability is limited.

About these Terms

These Terms of Service (“Terms”) are a contract between you and ERP•AI US Inc., 2 Embarcadero Center, San Francisco, CA 94111, USA (“ERP•AI”, “we”, “us” or “our”). They govern your access to and use of the Services.

Accepting these Terms. You accept these Terms when you click a button next to a notice that names that button and says that clicking it means you accept them, such as “Continue with Google” or “Start free” when you sign up or sign in at apps.erp.ai, or the sign-in button in Proto or on build.host, or when you sign an Order Form that refers to them. If you do not accept them, do not use the Services. Once accepted, they apply to every Service you use with your account. Accounts you create in Proto or on build.host are accounts with ERP•AI under these Terms.

Business use only, 18 or older. The Services are for business and professional use. By accepting, you confirm that you use them for your trade, business, craft or profession, not as a consumer. You must be at least 18, or the age of majority where you live if higher. The Services are not directed to children; if we learn that someone under 18 has an account, we will close it.

Accepting for an organization. If you accept for an organization, you confirm that you have authority to bind it, and “Customer” and “you” mean that organization and, where the context requires, you as the individual accepting for it.

Rights the law does not let us limit. If mandatory consumer protection law applies to you despite the business-use requirement, nothing in these Terms limits any right under that law that cannot be waived or limited by contract.

Definitions

“Services”: the ERP•AI platform (apps.erp.ai), Proto, build.host, our APIs, our websites and related support. A “Service” is any one of them.
“Customer” or “you”: the business or organization that uses the Services and, where the context requires, the individual who accepts these Terms on its behalf. If you use the Services for yourself, “you” means you.
“Your account”: your ERP•AI user account and, where you use the Services through an organization, that organization’s account. For organization Credits and Customer Content, closing your account means closing the organization’s account; for Proto Credits, your user account. An Authorized User who leaves an organization or closes their user account does not close the organization’s account.
“Authorized User”: anyone you allow to use your account.
“Customer Content”: data, files, prompts, instructions, records, code, sites and apps that you or your Authorized Users submit to or create with the Services, including Outputs.
“Customer Personal Data”: personal data in Customer Content, or otherwise collected by the Services for you, that we process on your behalf, as the DPA defines it.
“Output”: content generated by AI features for you.
“Agent”: an AI agent or automated workflow running in the Services, including Proto.
“Agent Action”: an action an Agent takes for you, for example editing files, running commands, sending messages, submitting forms, changing records or publishing.
“Published App”: an app you make available to others through the Services.
“Hosted Content”: content you deploy to build.host.
“Catalog Materials”: apps, templates and other materials ERP•AI provides in its catalogs, including the build.host approved-app catalog.
“Credits”: prepaid units used to pay for usage; one Credit equals US$1 unless the pricing page says otherwise. “Purchased Credits” are Credits you pay for; “Promotional Credits” are Credits we grant free, such as a welcome, referral or partner key credit. “Proto Credits” are Credits in your personal Proto balance.
“Proto Managed”: the Proto model connection ERP•AI provides, charged in Proto Credits unless your organization funds the usage.
“Third-Party Services”: services not provided by ERP•AI that you choose to use with the Services, such as Model Providers you use with your own key or account, apps and accounts you connect, and websites an Agent visits. Vendors ERP•AI chooses to provide the Services, including Model Providers, are not Third-Party Services; those that process Customer Personal Data for us are on the Subprocessor list, directly or as OpenRouter’s subprocessors, and we are responsible for them as the DPA describes.
“Model Provider”: a third-party AI model provider.
“Subprocessor”: a third party, including an ERP•AI affiliate, that ERP•AI engages to process Customer Personal Data to provide the Services, as the DPA defines it.
“Order Form”: an order or enterprise agreement that refers to these Terms and is signed by you and ERP•AI. A build.host Pro Confirmation is not an Order Form; the build.host Terms explain how it applies.

“Including” means “including without limitation”.

The documents that make up these Terms

Service-specific terms

These apply in addition to these Terms for that Service or program:

The Proto Terms cover the Proto desktop app, its model connections and Proto Credits. They describe Proto’s default approval mode and what Proto sends to ERP•AI, including automatic error reports that contain session transcripts and web searches, which run through ERP•AI and a third-party search provider in every model mode. They also explain that each time Proto starts, in any connection mode, it copies Codex CLI sign-in tokens stored on your device into its own settings unless it already has its own ChatGPT sign-in.
The build.host Terms cover hosting on build.host, including custom domains, plan limits, the Pro plan, the attribution script build.host adds to hosted pages, the visitor logs it keeps and its automated abuse checks.
Program terms, such as the ERP•AI Partner Program terms, a signed creator agreement and the official rules of a contest or promotion, cover that program.

Order of precedence

If documents conflict, this order applies:

Where they apply, the Standard Contractual Clauses incorporated in the DPA, as amended by the UK Addendum or adapted for Switzerland, for the transfers they cover.
An Order Form, for the Services it covers. An Order Form changes the DPA only where it expressly says so. Accepting these Terms online does not change a signed Order Form.
The DPA, for the processing of personal data.
Service-specific terms, for that Service or program.
These Terms.
Other policies, including the Acceptable Use Policy and the Copyright Policy.

The dispute resolution section of these Terms controls over service-specific terms. If program terms have their own dispute resolution provision, it governs disputes arising out of that program only, and these Terms govern all other disputes.

The pricing page and prices shown in the product set the amounts of fees, rates, allowances and Credit packs; these Terms govern everything else. If a price shown in the product differs from the pricing page, the lower price applies to that purchase or use.

Changes to these Terms

We may update these Terms. For a material change that is adverse to you, we will give at least 30 days’ notice by email or in the product before it takes effect. Notice may be shorter, or none, for a change required by law, needed for security, or covering only a new feature or Service. Changes apply only from their effective date and never to a dispute that arose, or that either of us knew about, before that date. Fee changes follow “Fees, Credits and payment”.

If you do not agree to a change, you may close your account before it takes effect, or within 30 days after we notify you of it if that is later, and we will refund your unused Purchased Credits on request. If you keep using the Services after the effective date, or accept the updated Terms, the change applies to you, without affecting that refund right. Earlier versions of these Terms are available on request to legal@erp.ai.

Accounts, Authorized Users and API keys

Your account. Keep your account information accurate and your passwords, sign-in codes, passkeys and API keys secret. You are responsible for all activity and charges under your account, API keys, service accounts and Agent credentials until you revoke them, including activity by any Agent, skill or tool you connect. Tell legal@erp.ai promptly if you suspect unauthorized access to your account or a key.

Organizations and users. Customer Content and Credits in an organization belong to that organization’s account, whose owners and administrators control billing, members, roles and API keys. Proto Credits are the exception: they belong to your ERP•AI user account, as the Proto Terms describe. You are responsible for your Authorized Users and their compliance with these Terms.

People who use your Hosted Content, or the portals, forms and public pages of your apps, without being Authorized Users are your end users. You are responsible for your terms and privacy notices to them, and we process their personal data for you as “Data protection, privacy and security” describes. An organization that installs a copy of your Published App is a separate Customer, and the data it enters is its Customer Content, not yours.

API keys. We may set rate and other limits, and may revoke or rotate a key we reasonably believe is compromised or misused, telling you unless that would create a security risk.

Using the Services

What is free. Many features have no charge, as the pricing page lists, such as seats, apps, manual work in the product interface and included stored data. Metered machine work, such as API calls, automation, Agent runs and AI usage, uses Credits; with your own model key, your Model Provider bills model use and an ERP•AI service fee shown on the pricing page may still be charged in Credits. Proto is free to download and install, but using it requires AI model usage, paid with Credits on Proto Managed or through your own Model Provider account or ChatGPT plan, and its web search and some other services always use Proto Credits, as the Proto Terms describe. We may change free features or allowances on at least 30 days’ notice, without reducing Credits you hold.

Support and availability. Support is available at care@erp.ai. We promise no particular uptime or service level unless an Order Form says so.

Alpha, beta and preview features. Proto is currently alpha software. Alpha, beta and preview features are provided as is, may contain errors, lose data or change data formats, and may change or end at any time, subject to “Changes to the Services”. Order Form commitments do not apply to them unless it says so.

Changes to the Services. We may change, add or remove features. If we discontinue a Service entirely, we will give at least 30 days’ notice, a chance to export your Customer Content held on our servers, and a refund of unused Purchased Credits that can be used only on that Service.

Your responsibilities. You are responsible for complying with the laws that apply to your use, for having the rights, notices and consents your Customer Content and instructions require, for choosing roles, permissions, approvals and spending controls, and for keeping copies of important Customer Content.

Acceptable use and restrictions

You must follow the Acceptable Use Policy. You also must not, and must not let anyone else:

copy, sell, sublicense or distribute ERP•AI’s own software, or resell access to the Services themselves, except as these Terms allow;
reverse engineer, decompile or try to extract source code, model weights, system prompts or non-public parts of the Services, except where the law allows this despite this restriction;
access or scrape the Services by automated means other than our published APIs and documented tools (Agents working inside your own account through documented features are allowed);
get around metering, rate or usage limits, security or access controls, or use Proto Managed or other ERP•AI-issued credentials outside the software they were issued for;
open several accounts or organizations to obtain extra Promotional Credits or avoid limits;
interfere with, overload or disrupt the Services or other customers’ use of them; or
use the Services for the restricted uses under “AI features, Agents and Agent Actions”.

These restrictions do not stop you from building, exporting, publishing or commercializing your own apps, including apps that compete with apps in our catalog, or from giving your end users access to them. Nothing in these Terms limits your right to post honest reviews, ratings or other statements about ERP•AI, our products or our conduct.

Customer Content and AI training

You own your Customer Content. As between you and ERP•AI, you (or your licensors) own your Customer Content. To the extent we have any rights in Output, we assign them to you. Output may not be unique, and copyright may not protect Output created without enough human authorship. ERP•AI’s software, the Services and the original Catalog Materials are not Customer Content.

The license you give us. You grant ERP•AI a worldwide, non-exclusive, royalty-free license, while we hold Customer Content under these Terms, to host, copy, store, process, transmit, display, format and back it up, only to provide, secure and support the Services for you (including diagnosing errors from error reports, problem reports and feedback, and preventing fraud and abuse), to carry out your and your Agents’ instructions, to comply with law, and as the DPA allows. Our Subprocessors process it for these purposes as the DPA describes, and “No training on Customer Content” explains what the Model Providers we use for managed AI features may keep or use today. For Hosted Content the license includes the technical changes the build.host Terms describe.

No training on Customer Content. We do not use Customer Content to train or fine-tune AI models. This includes prompts, files, records, apps, Proto sessions, error reports and anything sent with a rating or problem report. When the ERP•AI platform’s in-app Agent sends Customer Content to models through OpenRouter, we use OpenRouter’s setting that excludes model hosts that, as OpenRouter classifies them, store request data or use it for training. Other requests we route through OpenRouter, including Proto Managed requests and other platform AI features, do not use that setting today, so OpenRouter may send them to hosts that keep request data or use it to improve their models. Requests we send directly to Anthropic, OpenAI or other Model Providers are handled under those providers’ terms with us. When you use your own Model Provider key or account, your agreement with that provider governs how it uses your content.

Usage Data. We collect data about how the Services are used and perform, such as feature use, usage volumes and errors (“Usage Data”), which does not include the content of your Customer Content, and may create aggregated, de-identified data that identifies no customer or person. We take reasonable measures to keep such data de-identified, will not try to re-identify it, and require anyone we share it with to do the same. We may use both to operate, bill, secure, support and improve the Services.

Exporting your content. You can export records from the ERP•AI platform as CSV or PDF files and download app snapshots with the product’s export tools. There is no export of a whole account or organization yet; to get one, contact care@erp.ai. Proto keeps your sessions and files on your device, and build.host has no export tool, so keep your own copies of what you deploy. Exports are charged as the pricing page shows, except exports for a switch under “Switching for customers in the European Union”, which are charged only as that section allows.

Data protection, privacy and security

Customer Personal Data. You are the controller of Customer Personal Data, or a processor for your own customer, and ERP•AI is your processor and service provider, acting only on your documented instructions: these Terms, the DPA and your configuration of the Services. This does not cover the records the Privacy Policy says we keep for our own purposes, such as account, billing, support, security, abuse-prevention and traffic records, which we control. You are responsible for the lawful basis, notices and consents for Customer Personal Data, including your end users’ data.

Where data is processed. We host the Services mainly in the United States. Some features use providers elsewhere: for example, record exports from the ERP•AI platform are stored with Amazon Web Services in Singapore, and Model Providers may process prompts where they run their models. Uploaded files, data snapshots and database backups are stored in Cloudflare R2, in locations Cloudflare chooses, and Cloudflare’s worldwide network carries traffic to our sites. The Subprocessor list says who processes Customer Content and where, and the DPA explains how transfers are protected.

Security. We maintain administrative, technical and organizational safeguards designed to protect Customer Content, as Annex II of the DPA describes. No system is perfectly secure, and we do not promise that unauthorized access will never happen. We will notify you of a Personal Data Breach (as the DPA defines it) as the DPA describes and, without undue delay, of any other confirmed unauthorized access to your Customer Content on our systems. Report suspected vulnerabilities to legal@erp.ai.

Regulated data. Unless an Order Form allows it, do not submit health information covered by HIPAA (unless we have signed a business associate agreement with you), payment card numbers (except through our payment checkout) or government identification numbers.

AI features, Agents and Agent Actions

Output can be wrong

AI features produce Output by prediction. It can be inaccurate, incomplete, out of date, biased or offensive, and can sound confident when wrong. You must review Output, with human review where appropriate, before you rely on, publish or act on it. Output is not legal, tax, accounting, medical, financial or other professional advice.

Agents act for you

You decide what an Agent may access and do: its permissions, connected accounts and tools, approval settings, schedules, triggers and spending. Agent Actions are taken on your behalf and treated as your actions. You are responsible for Agent Actions taken under your account, including actions taken without asking you because a setting allowed it, whether you chose that setting or kept the default that these Terms and the Proto Terms describe. This does not apply to an Agent Action to the extent it resulted from a defect in the Services, from the Services not applying a block, limit or approval setting as described, from a setting ERP•AI changed without your agreement, or from ERP•AI’s breach of these Terms or its security obligations. Contracts, payments, messages and submissions an Agent makes for you bind you, and ERP•AI is not a party to them.

Approval prompts, blocks and limits reduce risk but do not remove it, and approving an action is not a promise about its result. Agents can be misled by hidden instructions in content they read, such as web pages or emails, so keep approvals on (in Proto, turn off Uninterrupted mode) for tasks involving untrusted content and for actions that are hard to undo. You must have the right to use every site, account and system an Agent uses for you, and follow their terms, including limits on automated access.

Proto’s default approval mode

Proto’s default setting, “Uninterrupted mode”, runs actions without asking you first. In this mode Proto can run shell commands, create, change and delete files, change records in your ERP•AI apps, submit forms and complete purchases or payments in its built-in browser, send messages and, if desktop control is on, operate other apps on your computer, all without an approval prompt. A few high-risk actions, such as deleting your home folder, force-pushing in git or wiping an ERP•AI app’s content, are blocked, but do not rely on that. To be asked before most consequential actions, turn off Uninterrupted mode in Proto under Settings > Permissions. Even then, some actions run without a prompt, for example after you choose “Always allow”, in Plan mode and in scheduled routines, which may run unattended, as the Proto Terms describe. Your organization’s ERP•AI deployment can also set this mode, and platform workflows run on their schedules and triggers without asking each time.

Restricted uses

Decisions about people. Do not use Output or Agents as the only basis for, or otherwise to substantially replace human decision-making in, a decision with legal or similarly significant effects on a person, such as hiring, firing, pay, credit, housing, insurance, healthcare, education or access to essential services. Such decisions need meaningful human review, and you are responsible for the notices, assessments, audits, opt-outs and appeals the law requires.
Prohibited AI practices. Wherever you are, do not use the Services for any practice prohibited by Article 5 of the EU AI Act, such as social scoring or untargeted scraping of facial images, or to generate non-consensual intimate images of real people or child sexual abuse material, as the Acceptable Use Policy describes.
High-risk and transparency duties. If your use makes you a provider or deployer of a high-risk AI system, or a deployer with transparency duties (for example because you publish deep fakes), under the EU AI Act or a similar law, those duties, including any required AI disclosure, are yours. ERP•AI meets its own obligations as a provider.

Published Apps and the catalog

Publishing. You may publish apps you build so others can use them. Publishing may require a publisher profile, acceptance of program terms and other steps shown in the product. Publishing copies your app’s structure, not its records. Do not put real personal or confidential data into a Published App’s sample content.

Licenses you grant. While your app is published, and for up to 30 days afterwards to remove listings and clear caches, you grant ERP•AI a worldwide, non-exclusive, royalty-free license to host, reproduce, display, distribute, list and promote it (including with your name), and to make it available to other users as you choose in your publishing settings. Unless your publication states other terms, you also grant each user who installs or activates it a worldwide, non-exclusive, royalty-free, perpetual license to use, copy, modify and run its installed copy for its own business.

Unpublishing and removal. You may unpublish at any time. Unpublishing stops new installs from your app’s link and removes any listing, but copies already installed may continue to be used under the license you granted. We may remove or disable a Published App that breaks these Terms, the Acceptable Use Policy or the law.

Publisher responsibilities. You confirm that you have all rights needed to publish your app and grant these licenses, and that its description is accurate. You are responsible for your Published Apps, any support you offer and your relationship with their users.

Catalog Materials. Catalog Materials are licensed, not sold. You may use, copy, modify, export and publish them as part of your own apps, and users of your Published Apps may use them in those apps. Your changes are your Customer Content; ERP•AI keeps its rights in the originals.

Apps published by others are third-party content that we do not review, endorse or take responsibility for.

Third-Party Services and Model Providers

Their terms apply. Third-Party Services are governed by their own terms and privacy policies. ERP•AI is not responsible for their availability, security, content, Output or actions, including suspending your account with them. Connecting one authorizes us to exchange data with it as the feature requires.

Model Providers we choose. For managed AI connections we choose the Model Providers and models, and may add, change or retire them. Where practicable, we will give reasonable notice before retiring a model you rely on. You must follow the usage policies of the Model Providers the Services use for you, as the Subprocessor list identifies them.

Your own keys and accounts. If you connect your own Model Provider key or account (for example OpenAI, Anthropic, Google, OpenRouter or Fireworks), you must follow that provider’s terms and pay its charges. Those providers are not affiliated with ERP•AI. On the ERP•AI platform, requests made with your own OpenRouter key run on ERP•AI’s servers, which store your key to make them. In Proto, requests with OpenRouter or Fireworks keys pass through ERP•AI’s servers, which record each request (in full up to 16 KiB) and response; requests with other keys go directly from your device to the provider.

Fees, Credits and payment

How usage is charged

You pay for metered usage with prepaid Credits, bought in the packs offered in the product. Stripe processes payments, and we do not store full card numbers. Metered usage is charged at the pricing page rates in effect when it happens, including the model rate and any service fee shown for AI usage (a service fee can apply even with your own model key). A charge for usage that neither the pricing page nor the product shows a rate for is a billing error, which we correct as “Receipts, billing errors and taxes” describes. Usage receipts show the rate card version. A run may reserve Credits before it starts, and usage measured or reported by a provider can settle after a run ends, is cancelled or fails. Failed requests the pricing page lists as free are not charged.

Credits may be held in separate balances for different Services, such as an organization’s platform balance and your personal Proto Credits balance, and cannot be moved between balances or organizations unless we say so.

There is no subscription or recurring charge under these Terms unless an Order Form or service-specific terms provide for one (for example, build.host Pro); otherwise your card is charged only for purchases you make and auto top-ups you turn on. Order Forms set their own fees and payment terms. A subscription that began under earlier terms continues on the price and billing terms that applied when you subscribed until it ends or we convert it to prepaid Credits on at least 30 days’ notice.

Rate changes. Rates for third-party models follow Model Providers’ prices and available models, so they can change at any time and apply from when shown. Any other rate increase, including for ERP•AI’s own models such as ERP-1 Fast, needs at least 30 days’ notice by email or in the product and applies only to later usage. Rate changes never reduce the number of Credits you hold.

Purchased Credits

Purchased Credits do not expire while your account is open. Purchased Credits are non-refundable, except that we refund unused Purchased Credits:

for billing errors, and where the law requires;
if we discontinue the Service they are for, or close your account for any reason other than your breach, fraud or abuse (for example without cause or because the law requires it), unless the law prohibits the refund;
where the DPA provides for a refund; and
on request, if you reject a change to these Terms or to service-specific terms as “Changes to these Terms” or those terms describe.

If we close your account for fraud, abuse of Promotional Credits, illegal content other than copyright infringement, or a breach of “Export controls, sanctions and anti-corruption”, unused Purchased Credits end without refund unless the law requires otherwise. If we close it for another material breach, we refund unused Purchased Credits, less amounts you owe us and our reasonable costs caused by the breach. If you close your account for any other reason, unused Purchased Credits end without refund unless the law requires otherwise. Credits have no cash value outside the Services and cannot be transferred or sold.

Promotional Credits

Promotional Credits have the amount, eligibility and expiry shown when we grant them. They have no cash value; cannot be refunded, transferred or exchanged; may be received only once per offer per person and per organization, unless the offer says otherwise; end at their expiry or when your account closes; and do not count as a purchase for any rule that requires one. For expiry and refunds, we treat usage as drawing on Promotional Credits before Purchased Credits. We may refuse or reverse Promotional Credits obtained through multiple, false or automated accounts or other abuse, and usage they paid for is then owed; we will tell you the amount first and will not collect it through auto top-up without your agreement.

Auto top-up

Auto top-up is optional and off unless an administrator turns it on in Billing settings, choosing a top-up amount from the Credit packs offered and a balance threshold. By turning it on, you authorize ERP•AI and its payment processor to charge your saved payment method that amount each time your balance falls below the threshold, without asking you each time, until you turn it off, and you confirm that you may use that payment method for your organization. Each top-up is a separate purchase of Credits under these Terms. There is no daily or monthly limit on the number of top-ups, so heavy usage can cause several charges. You can turn auto top-up off, or remove your saved payment method, at any time in Billing settings, which stops future top-up charges at once.

Low balance and stored data

When your balance cannot cover metered usage, new metered work pauses until you add Credits. Manual work in the product interface continues, but scheduled workflows, triggers and Agent runs may stop or fail. Usage that settles after your balance reaches zero is still owed.

Stored data beyond the capacity included on the pricing page is charged at the retention rates shown there. If your Credits cannot cover those charges, the reserve, grace and recovery-only periods on the pricing page apply, and new metered work pauses until you add Credits. After the recovery period we may delete the Customer Content that exceeds your included capacity, but only after at least 30 days’ notice and a chance to export it.

Receipts, billing errors and taxes

Purchase history provides payment receipts for Credit purchases; for a charge whose receipt is not shown there, such as an auto top-up, ask care@erp.ai. Usage receipts itemize metered charges. If you think a charge is wrong, tell care@erp.ai within 60 days after the charge; we correct verified errors by refunding the charge or restoring Credits. This does not limit any refund the law requires.

Prices are in US dollars and exclude taxes. You are responsible for sales, use, value added, goods and services and similar taxes on your purchases, other than taxes on ERP•AI’s income. If the law requires us to collect a tax from you, we will tell you before charging it, and if it requires you to withhold tax from a payment to us, you will increase the payment so that we receive the full amount.

Content moderation and enforcement

Reporting problems. Report build.host content at build.host/report-abuse, and anything else, including Published Apps and messages sent by Agents, to legal@erp.ai. A report should include the details the Acceptable Use Policy lists, and you can ask legal@erp.ai what we decided about it. We also use automated tools, such as build.host’s phishing, wallet-draining and crypto-mining checks, which can block a deploy or stop a site or app before any person reviews it, as the build.host Terms describe.

What we may do. For content or conduct that breaks these Terms, the Acceptable Use Policy, the Copyright Policy or the law, we may, in proportion to the issue, remove or disable content, stop a site or app, unpublish a Published App, restrict features, or suspend or close an account.

Telling you why and appeals. If we restrict your content or account and you do not know why, email care@erp.ai with its address or your account email, and we will tell you what we did and why, as the Acceptable Use Policy describes. You may appeal free of charge within 6 months after we tell you of the restriction, or after you learn of it if we did not, by replying to our message or emailing legal@erp.ai with “Appeal” in the subject. A person, not only an automated system, reviews every appeal, and we reverse mistakes. You may also go to court.

Child safety and intimate images. When we become aware of apparent child sexual abuse material, we report it to the National Center for Missing & Exploited Children and preserve it as 18 U.S.C. 2258A requires. To ask us to remove an intimate image of you published through the Services without your consent, follow the process in the Acceptable Use Policy.

Point of contact. Our single point of contact for authorities and users, including under the EU Digital Services Act, is legal@erp.ai, in English.

Copyright and trademark complaints

We respond to notices of claimed copyright infringement under the US Digital Millennium Copyright Act as our Copyright Policy describes. Send notices and counter-notices to: Copyright Agent, ERP•AI US Inc., 2 Embarcadero Center, San Francisco, CA 94111, USA, legal@erp.ai. In appropriate circumstances we close the accounts of repeat infringers. Send trademark complaints to legal@erp.ai.

Suspension

We may suspend all or part of your access if we reasonably believe that your use creates a security risk, that the law or an authority’s order requires it, that you have not paid amounts owed, or that you have materially breached these Terms or the Acceptable Use Policy. We will give notice before or at the time of suspension where practicable and, where the problem can reasonably be fixed and there is no risk of imminent harm, a chance to fix it first. We limit a suspension to what is reasonably needed, lift it once the reason no longer applies, and, where we can do so safely, keep your ability to view and export Customer Content.

Term, termination and your data

Term and closing your account. These Terms apply from acceptance until your account is closed; an Order Form has the term it states. You can close your account at any time by contacting care@erp.ai (self-service deletion is not yet available), and Order Form commitments continue as it says.

Termination by us. We may close your account or end these Terms: if you materially breach them and do not fix the breach within 30 days after our notice; immediately, by notice, for a serious or repeated breach of the Acceptable Use Policy, for fraud, for a serious security risk or where the law requires; or without cause on at least 30 days’ notice, in which case we refund your unused Purchased Credits.

Effect of termination. Your right to use the Services ends, amounts owed remain payable, and Credits are handled as “Fees, Credits and payment” describes. Provisions that by their nature should survive do so, including those on fees, Customer Content, confidentiality, intellectual property, disclaimers, liability, indemnification and disputes.

Your data after termination. Termination includes closing your account. If you ask care@erp.ai within 30 days after termination, or within any longer retrieval or transition period under the build.host Terms or “Switching for customers in the European Union” (the “Export Window”, as the DPA also defines it), we will make your Customer Content held on our servers available to you in a common, machine-readable format, through the product’s export tools and, for content they do not cover, by providing a copy. Within 30 days after the Export Window ends, we delete your Customer Content from our live systems, whether or not it contains personal data; the DPA also governs deletion of personal data. We then keep only backup copies, which stay protected until those backups expire in our normal backup cycle; the audit, billing and security records the Privacy Policy describes, for as long as it describes; and data we must keep by law or for a legal hold. We need not return content we removed as illegal.

Switching for customers in the European Union

If the EU Data Act applies to your use, you may start a switch to another provider or your own systems at any time, without advance notice, by emailing care@erp.ai. A transition period of up to 30 days follows, extendable as the Data Act allows, during which we keep providing the Services and help reasonably with the move. The exportable data is the data you imported into or created in the Services and the metadata your use of them created, including records, files, app snapshots and settings; we provide what the export tools do not cover on request. It stays retrievable for at least 30 days after the transition period, and we then delete it as “Your data after termination” describes. Until January 12, 2027 we may charge only our direct switching costs; after that, nothing.

Confidentiality

“Confidential Information” is non-public information one party gives the other that is marked confidential or that a reasonable person would understand to be confidential. Your Customer Content is your Confidential Information. The recipient will use it only to perform or exercise rights under these Terms, protect it with at least reasonable care, and share it only with its personnel, advisers, affiliates and Subprocessors who need it and are bound by similar duties and, for ERP•AI, with Model Providers and Third-Party Services as the features you use, or instructions from you or your Agents, require.

Information is not confidential if it is or becomes public through no fault of the recipient, was lawfully known to it before, is lawfully received from a third party without a confidentiality duty, or is independently developed. The recipient may disclose Confidential Information when the law requires, after prompt notice to the other party where legally allowed. These duties last while these Terms apply and for 3 years after, and for trade secrets and Customer Content for as long as they remain trade secrets or we hold them.

Intellectual property, feedback and brand

ERP•AI’s rights. ERP•AI and its licensors own the Services, our software, models, Catalog Materials, documentation, websites and Usage Data, and all improvements ERP•AI makes to them. Customer Content is not ours. You receive no rights in ERP•AI’s materials except those these Terms grant.

Your right to use the Services. While these Terms apply, you have a non-exclusive, non-transferable right to access and use the Services for your business under these Terms. Service-specific terms set out the license for software you install, such as Proto. Open-source components in the Services are licensed under their own terms, and nothing here limits your rights under those licenses.

Feedback. “Feedback” means suggestions and ideas about the Services that you send us. We may use Feedback without restriction or payment. Feedback does not include Customer Content, such as transcripts, session logs or files sent with a rating, problem report or error report; those stay covered by “Customer Content and AI training”.

Our brand. ERP•AI, Proto, build.host and our logos are our trademarks. You may refer to them accurately (for example, “built on ERP•AI”), but not to suggest our endorsement or in a domain, company, product or account name or trademark application, unless program terms or our written permission allow it. We will not use your name or logo as a customer reference without your permission.

Disclaimer of warranties

To the maximum extent permitted by law, the Services, Output, Agents, Catalog Materials and all other content are provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement and accuracy. We do not warrant that the Services will be uninterrupted, timely, secure or error-free, that Output will be accurate or complete, that Agent Actions will achieve the result you intend, that Customer Content will not be lost, or that errors will be corrected. Alpha, beta and preview features, including Proto, carry no warranty at all. We are not responsible for Third-Party Services or for Published Apps from other users.

Limitation of liability

To the maximum extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, business, goodwill or data, or the cost of restoring data or obtaining substitute services, arising out of or relating to these Terms or the Services, even if told such damages were possible.

To the maximum extent permitted by law, each party’s total liability arising out of or relating to these Terms and the Services, for all claims together, will not exceed the greater of the amounts you paid ERP•AI for the Services in the 12 months before the event giving rise to the claim and US$100.

These exclusions and this cap do not apply to your payment obligations, a party’s indemnity obligations, liability under Clause 12 of the Standard Contractual Clauses as the DPA provides, a party’s fraud, gross negligence or willful misconduct, death or personal injury caused by a party’s negligence, or any other liability that cannot be limited by law (for example under California Civil Code 1668).

They apply under any legal theory, including contract, tort (including negligence) and statute, protect ERP•AI’s affiliates, officers, employees, licensors and suppliers, and reflect how we price the Services, including free ones.

Indemnification

Your indemnity. You will defend ERP•AI and its affiliates, officers and employees against any third-party claim, and pay the damages, fines and costs (including reasonable attorneys’ fees) finally awarded or agreed in settlement, to the extent the claim arises from your Customer Content, Published Apps or Hosted Content; Agent Actions taken under your instructions, permissions or settings (except to the extent the exceptions under “Agents act for you” apply); your breach of the Acceptable Use Policy or of the restricted uses under “AI features, Agents and Agent Actions”; or your violation of law. This does not cover claims to the extent caused by ERP•AI’s breach of these Terms, gross negligence or willful misconduct, and does not apply to disputes between you and ERP•AI.

Procedure. We will notify you promptly of a claim (delay reduces your duty only as far as it prejudices you), let you control the defense and settlement, and help reasonably at your cost. We may join with our own counsel at our cost. You may not settle in a way that imposes obligations or admits fault for us without our written consent.

Indemnity from ERP•AI. ERP•AI gives an intellectual property indemnity only under an Order Form that says so.

Dispute resolution by mandatory binding arbitration and class action waiver

Please read this section carefully. It requires you and ERP•AI to resolve most disputes by binding individual arbitration instead of in court, and it waives class actions. In arbitration there is no judge or jury, and court review is limited. You may opt out as described below.

Informal resolution first

Before starting an arbitration or court case (other than a request for urgent injunctive relief), the claimant must send a written notice of dispute: to ERP•AI by email to legal@erp.ai, with a copy by mail to the address under “Governing law and courts”, and to you at your account email. The notice must give the claimant’s name, account email and contact details, describe the dispute and the relief sought, and be signed by the claimant (for an organization, by an authorized officer) and by its lawyer, if any.

For 30 days after receipt, the parties will try in good faith to resolve the dispute, including in a call or video meeting that the claimant (for an organization, an authorized representative) attends if either party asks. Limitation periods are paused during those 30 days. A party that skips this step may not start an arbitration, and a court may enforce this requirement.

Agreement to arbitrate

You and ERP•AI agree that any dispute arising out of or relating to these Terms or the Services, under any legal theory and whether it arose before or after you accepted these Terms, will be resolved by final and binding individual arbitration, including claims by or against our affiliates, officers and employees. These are not subject to arbitration:

an individual claim within the jurisdiction of a small claims court, which either party may bring there;
a request to a court for an injunction or other equitable relief against infringement or misuse of intellectual property or a breach of confidentiality;
a claim covered by 9 U.S.C. 401-402 (sexual harassment and sexual assault disputes), if the claimant chooses court; and
a request for public injunctive relief that the law does not allow to be waived, which is severed, stayed and decided as described under “Class and representative action waiver”.

The arbitrator decides questions of scope, arbitrability and enforceability, except that a court decides whether an agreement to arbitrate was formed, whether the class and representative action waiver is enforceable, whether the mass arbitration procedures apply and are enforceable, whether 9 U.S.C. 401-402 applies, and whether a party validly opted out.

For arbitrations seated in the United States, the Federal Arbitration Act, 9 U.S.C. 1 and following, including its procedural provisions, governs this arbitration agreement. For arbitrations seated in Singapore, this arbitration agreement and the arbitral procedure are governed by Singapore law, including the International Arbitration Act 1994, and the questions this section reserves to a court are decided by the courts of Singapore.

For customers with a principal place of business in the United States

This applies if your principal place of business is in the United States or, if you are an individual using the Services for your own business, you live there.

The American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules, or its Consumer Arbitration Rules where those apply by law or the AAA decides they apply, as in effect when it starts (see adr.org). The seat is San Francisco, California, and one arbitrator decides. Hearings may be by video, or in person as the AAA rules provide. The arbitrator may award any individual relief a court could and will give a written, reasoned decision, on which judgment may be entered in any competent court.

Fees are paid as the AAA rules provide. For a claim of US$25,000 or less, or any claim by an individual, ERP•AI pays all AAA filing, administrative and arbitrator fees above the fee you would pay to file the case in the Superior Court of California, County of San Francisco, unless the arbitrator finds your claim frivolous or brought for an improper purpose. If the Consumer Arbitration Rules apply, ERP•AI pays all AAA administrative and arbitrator fees except the filing fee those rules assign to you, unless the arbitrator finds your claim frivolous. Each party pays its own attorneys’ fees and costs unless the law or the AAA rules allow the arbitrator to award them.

Mass arbitration. If 25 or more demands raising similar claims are filed against or by ERP•AI by the same or coordinated counsel or entities, the AAA Mass Arbitration Supplementary Rules apply to them. As far as those rules allow, the AAA may administer the demands in batches with one arbitrator per batch, while each claim is still decided individually. Limitation periods for demands waiting to be administered are paused until they are, and a court may enforce this paragraph. This paragraph and the 9 U.S.C. 401-402 exception apply only to arbitrations under this subsection.

For customers with a principal place of business outside the United States

This applies if your principal place of business is outside the United States or, if you are an individual using the Services for your own business, you live outside it.

The Singapore International Arbitration Centre (“SIAC”) will administer the arbitration under the SIAC Arbitration Rules in effect when it starts, including the Streamlined Procedure where those rules provide for it. The seat is Singapore, one arbitrator decides, the language is English, and hearings may be by video. Judgment on the award may be entered in any competent court. For a claim of US$25,000 or less, ERP•AI pays the SIAC filing and administration fees and the arbitrator’s fees.

If, despite the business-use requirement, you are a consumer whose mandatory local law does not allow you to be bound by a pre-dispute agreement to arbitrate or to waive class proceedings (for example in the European Union, the European Economic Area, Switzerland, the United Kingdom, or Quebec or Ontario in Canada), this arbitration agreement and the class and representative action waiver do not apply to you, and you may bring claims in the courts where you live, keeping the protection of your local mandatory laws.

Class and representative action waiver

You and ERP•AI may bring claims against each other only individually, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. Except for administrative batching under “Mass arbitration”, the arbitrator may not consolidate different people’s claims and may award relief only to the individual party seeking it, and only as needed to resolve that party’s claim.

If a court finally decides this waiver is unenforceable for a particular claim or request for relief, that claim or request alone is severed and decided by the state or federal courts in San Francisco County, California, after the individual arbitration ends, with the court case paused until then. No dispute will ever proceed as a class, collective or representative arbitration. Nothing in this section waives a right to seek public injunctive relief that the law does not allow to be waived; any such request is severed and handled by that court in the same way.

Opting out and changes to this section

You may opt out of this arbitration agreement by emailing legal@erp.ai within 30 days after you first accept these Terms (or, if you used the Services before this version of these Terms, within 30 days after you accept this version), with your name, account email and a clear statement that you opt out. If you opt out, the class and representative action waiver in this section still applies to disputes in court, to the extent the law allows. The rest of these Terms still applies, and disputes go to the courts named under “Governing law and courts”.

If we materially change this section, you may reject the change by emailing legal@erp.ai within 30 days after it takes effect. If you do, the version of this section you last accepted continues to apply to you. However, if that version was published before October 15, 2026, your rejection counts as an opt-out under this section, and disputes go to the courts named under “Governing law and courts”. A change never applies to a dispute that arose, or that either of us knew about, before the change took effect.

Time limit for claims

Where the law allows a shorter period, a claim must be started within one year after the claimant knew or should have known of it. This limit does not apply if you use the Services primarily for personal, family or household purposes, or to a claim whose limitation period the law does not allow to be shortened. It is paused during informal resolution.

Governing law and courts

These Terms, and any dispute arising out of or relating to them or the Services, are governed by the laws of the State of California, without regard to its conflict of laws rules, except that the arbitration agreement is governed as “Agreement to arbitrate” states. The UN Convention on Contracts for the International Sale of Goods does not apply. If you are a consumer habitually resident in the European Union, the European Economic Area, Switzerland or the United Kingdom, this choice of law does not deprive you of the protection of the mandatory laws of the country where you live.

Disputes not subject to arbitration, including those of a party that opted out, will be decided only by the state or federal courts located in San Francisco County, California, and each party consents to their jurisdiction, without affecting the right of the consumers described above to sue where they live.

Legal notices to ERP•AI, including notices of dispute and arbitration opt-outs, go by email to legal@erp.ai, with a copy by mail to ERP•AI US Inc., Attn: Legal, 2 Embarcadero Center, San Francisco, CA 94111, USA. A notice takes effect when the email is received; the mailed copy does not delay it.

Export controls, sanctions and anti-corruption

You must comply with the export control and sanctions laws that apply to your use of the Services, including US law. You confirm that neither you nor anyone who owns or controls you is subject to applicable sanctions or is located, organized or ordinarily resident in a country or region the Acceptable Use Policy lists, and you will not give such a person or place access to the Services, Customer Content or Output, or use the Services for a prohibited end use. We may block access or close accounts to comply with these laws. Neither party will offer, give or accept bribes or other improper payments in connection with these Terms.

General terms

Assignment. Neither party may assign these Terms without the other’s written consent, except that ERP•AI may assign them, with notice to you, to an affiliate or in a merger, acquisition or sale of all or substantially all of the relevant business or assets. Any other attempted assignment is void.

Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, such as natural disasters, epidemics, war, terrorism, labor disputes, government action, failures of utilities, the internet, hosting or cloud providers or Model Providers, and cyberattacks that reasonable security would not have prevented. This does not excuse payment obligations.

Notices and electronic communications. Our notices go to your account email or appear in the product, and take effect when sent or shown. You send legal notices as “Governing law and courts” describes. You agree to receive communications from us electronically, which satisfy any requirement that they be in writing. You can unsubscribe from marketing emails; service messages continue.

Relationship and third parties. The parties are independent contractors. No one else has rights under these Terms, except the persons protected by “Limitation of liability” and “Indemnification”, ERP•AI’s affiliates, officers and employees, who may enforce “Dispute resolution by mandatory binding arbitration and class action waiver”, and data subjects under the Standard Contractual Clauses in the DPA.

Severability and waiver. An unenforceable provision is enforced to the maximum extent permitted and the rest stays in effect, except that the dispute resolution section’s own severability rules apply to it. Not enforcing a provision is not a waiver.

Entire agreement. These Terms, the documents they incorporate and any Order Form are the entire agreement about the Services and replace prior understandings. Each party confirms it has not relied on any statement, including in marketing, demos or documentation, that is not in these documents. This does not limit liability for fraud.

Headings and language. Headings and the summary box are for convenience only. The English version controls over any translation.

Notice to California users

Under California Civil Code 1789.3, California users are entitled to the following notice. The Services are provided by ERP•AI US Inc., 2 Embarcadero Center, San Francisco, CA 94111, USA. Charges are described on the pricing page. To resolve a complaint about the Services, contact care@erp.ai or write to us at that address. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Contact us

Support, account closure, restriction questions and EU Data Act switching: care@erp.ai
Legal notices, privacy questions, arbitration opt-outs, appeals, abuse reports, copyright notices, security reports and suspected unauthorized access: legal@erp.ai
Abuse on build.host: build.host/report-abuse
Mail: ERP•AI US Inc., Attn: Legal, 2 Embarcadero Center, San Francisco, CA 94111, USA