Disclaimer of Liability

1. Nature of This Disclaimer

This Disclaimer of Liability ("Disclaimer") supplements our Terms of Use and describes the specific limitations of Agentivity's liability with respect to AI-generated outputs, automated actions, professional advice, and service availability.

Agentivity is a technology platform providing workflow orchestration tools. It is not a professional services firm and does not provide legal, financial, medical, tax, psychological, or any other professional advice. Nothing generated by, or made available through, the Platform — including outputs from LLM providers you have connected — should be interpreted as professional advice of any kind.

2. AI-Generated Content and Output Accuracy

The AI agents you build on Agentivity connect to large language models (LLMs) of your choice, operated by third-party providers under their own terms. LLMs generate text by predicting statistically likely sequences of tokens based on training data. This process is fundamentally different from a deterministic lookup or a verified database query. As a result:

• Outputs may contain factual errors, including incorrect dates, figures, names, citations, or statements of law or science.
• Outputs may contain hallucinations — plausible-sounding but entirely fabricated information that has no basis in fact.
• Outputs may be outdated, as LLM training data has a knowledge cutoff date.
• Outputs may be biased in ways that reflect the biases present in the training data.
• Outputs may vary significantly between identical or similar inputs (non-deterministic behaviour).
• Outputs may be inappropriate, offensive, or unsuitable for your specific business context.

Agentivity makes no representations or warranties regarding the accuracy, completeness, reliability, suitability, or fitness for purpose of any output generated by any AI agent configured on the Platform, regardless of how that agent is configured.

You are solely responsible for reviewing, validating, and taking responsibility for any AI-generated output before acting upon it, sharing it with third parties, publishing it, or using it to make any decision.

3. No Professional Advice

Nothing produced, suggested, summarised, or generated by Agentivity — whether by an AI agent, a workflow output, a template, or any other component of the Platform — constitutes or should be relied upon as:

• Legal advice — including interpretation of contracts, regulatory compliance, employment law, or intellectual property.
• Financial advice — including investment recommendations, portfolio management, financial planning, or tax guidance.
• Medical or health advice — including diagnosis, treatment recommendations, medication guidance, or clinical assessments.
• Accounting or tax advice — including preparation of financial statements, tax returns, or advice on tax positions.
• Psychological or therapeutic advice — including mental health assessments, counselling, or clinical support.
• Insurance advice — including coverage recommendations or claims guidance.
• Any other professional advice requiring a licence, qualification, or regulated practice.

Always consult a qualified professional before making decisions in any of the above domains. Agentivity is not liable for any harm, loss, or damage arising from reliance on AI-generated outputs in place of qualified professional advice.

4. Automated Agent Actions

Agentivity enables AI agents to take automated actions on connected third-party services, including but not limited to sending emails, posting content, modifying records, triggering webhooks, and interacting with external APIs. You are solely responsible for all such actions.

Agentivity disclaims all liability for:

• Actions taken by your agents that produce unintended, incorrect, or harmful results.
• Emails, messages, or content sent on your behalf by an AI agent.
• Data modified, deleted, or created in third-party systems by your agents.
• Financial transactions, orders, or commitments made by your agents.
• Reputational, commercial, or legal harm resulting from agent actions.
• Actions taken by scheduled or triggered workflows that run autonomously without real-time human supervision.

You must implement appropriate oversight mechanisms — including review steps, approval gates, and monitoring — for any agent workflow that takes consequential actions on external systems.

5. No Warranty

The Platform is provided on an "as is" and "as available" basis. Agentivity expressly disclaims all warranties, whether express, implied, or statutory, including:

• Any implied warranty of merchantability or fitness for a particular purpose.
• Any warranty that the Platform will be error-free, secure, uninterrupted, or meet your specific requirements.
• Any warranty that defects will be corrected or that the Platform is free of viruses or harmful components.
• Any warranty regarding the accuracy, timeliness, or completeness of any content or output generated by the Platform.
• Any warranty that your data will be preserved without loss or corruption.

Use of the Platform is at your sole risk.

6. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Agentivity, its officers, directors, employees, partners, or licensors be liable for any damages arising out of or in connection with your use of the Platform, including but not limited to:

• Loss of profits, revenue, or anticipated savings.
• Loss of business or contracts.
• Loss of data or information.
• Business interruption.
• Reputational damage or harm.
• Personal injury or property damage (unless caused by our negligence).
• Any consequential, indirect, special, incidental, or punitive damages.
• Any damages arising from AI hallucinations, incorrect outputs, or agent misbehaviour.
• Any damages arising from your reliance on AI-generated content.

This limitation applies whether the claim is based in contract, tort (including negligence), strict liability, or any other legal theory, and even if Agentivity has been advised of the possibility of such damages.

Our maximum aggregate liability to you is capped at the amount you have paid us in the twelve months preceding the relevant claim, or €100, whichever is greater.

7. Service Availability and Technical Failures

Agentivity does not warrant that the Platform will be continuously available or accessible. The hosted service may be subject to scheduled maintenance, unplanned downtime, infrastructure failures, or disruptions caused by third-party providers (including LLM providers, cloud infrastructure, or integration APIs).

We disclaim all liability for any loss or damage arising from:

• Service outages, downtime, or degraded performance.
• Loss of data resulting from infrastructure failures or errors.
• Interruption of scheduled workflows due to technical failures.
• Delays, errors, or failures in LLM provider APIs or third-party integrations.

We strongly recommend that you do not rely exclusively on Agentivity for business-critical processes without independent fallback mechanisms.

8. LLM Provider Disclaimer

When you configure an agent on Agentivity, you connect it to a third-party LLM provider (such as OpenAI, Anthropic, Google DeepMind, Mistral AI, or others) using your own API credentials. The following applies without exception:

• Agentivity does not generate, process, or control any output produced by an LLM. All inference happens on the LLM provider's infrastructure, entirely outside Agentivity's systems.
• Agentivity is not responsible for the accuracy, safety, quality, bias, or completeness of any LLM output.
• Agentivity has no access to the content of requests sent to or responses received from LLM providers via your API keys.
• Agentivity is not responsible for how LLM providers store, use, train on, or process the data you submit via your API keys.
• Agentivity is not responsible for changes to LLM provider capabilities, pricing, availability, or safety policies.
• Agentivity is not responsible for content moderation decisions, output filtering, or safety refusals applied by LLM providers.
• Agentivity is not responsible for any API costs incurred through your use of LLM provider APIs.
• Agentivity is not responsible for downtime, rate limits, or service interruptions on the part of LLM providers.

You are solely and entirely responsible for: selecting an LLM provider that meets your legal, ethical, and compliance requirements; reviewing and complying with that provider's terms of service and acceptable use policy; ensuring that any data you submit to an LLM provider is handled in accordance with applicable data protection law (including GDPR); and all costs, consequences, and outcomes resulting from LLM usage within your agent configurations.

9. Third-Party Integration Disclaimer

When your agents connect to third-party services (such as Slack, Gmail, HubSpot, Salesforce, GitHub, or others), those connections are established and maintained by you. Agentivity does not control, monitor, or take responsibility for:

• The availability, reliability, or performance of those third-party services.
• Changes to third-party APIs that may cause your agents to behave unexpectedly or fail.
• Data sent to or received from third-party services by your agents.
• Actions taken on third-party platforms as a result of agent execution.
• Violations of third-party terms of service by your agents.

10. High-Risk Use Cases

The following use cases are considered high-risk and are subject to heightened responsibility:

• Healthcare: Any use involving clinical decision support, patient data, treatment recommendations, or medication guidance.
• Finance: Automated trading, investment advice, credit scoring, insurance underwriting, or financial reporting.
• Legal: Drafting of contracts, legal opinions, regulatory filings, or compliance documentation without human lawyer review.
• Safety systems: Any application where an AI error could result in physical harm or endangerment.
• Child-directed services: Any application targeting or involving minors.
• Criminal justice: Recidivism prediction, risk assessment, or any use in judicial proceedings.

If you operate in any of the above domains, you are solely responsible for ensuring compliance with applicable sector-specific regulations, including but not limited to the EU AI Act, HIPAA, MiFID II, and similar frameworks.

11. Data Loss Disclaimer

While we take reasonable measures to protect your data, we disclaim all liability for loss of data resulting from technical failures, human error, infrastructure issues, or events beyond our reasonable control. We strongly recommend that you maintain independent backups of all configurations, workflows, and agent definitions you create on the Platform.

12. Regulatory Compliance

You are solely responsible for ensuring that your use of Agentivity and your AI agents complies with all applicable laws and regulations in your jurisdiction and in the jurisdictions where your agents operate. This includes but is not limited to:

• Data protection laws (GDPR, CCPA, and others).
• The EU AI Act and other AI-specific regulations.
• Sector-specific regulations (healthcare, finance, insurance, etc.).
• Consumer protection laws governing automated decision-making.
• Anti-spam and electronic communications laws.
• Employment laws governing the use of AI in HR processes.
• Intellectual property laws governing AI-generated content.

Agentivity does not provide compliance guarantees and is not responsible for any regulatory penalties, fines, or legal proceedings arising from your use of the Platform.

13. Governing Law

This Disclaimer is governed by and construed in accordance with the laws of Belgium. Any disputes relating to this Disclaimer shall be subject to the exclusive jurisdiction of the courts of Belgium, subject to any mandatory consumer protection rights you may have under the law of your country of residence.