Terms of Use

Effective date: 2025-10-25

These Terms of Use (the “Terms”) govern access to and use of the Midpoint marketing site (including this landing page) and the Midpoint Agent Builder application that lets you design, test, and deploy n8n-based automations and AI agents (collectively, the “Service”). The Service is operated by MergeOS Inc., 1168 Vallejo St, San Francisco, CA 94109 (“MergeOS”, “Midpoint”, “we”, “us”, or “our”). By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to it.

1) Description of the Service

The Service provides a natural-language and visual environment for creating, operating, and monitoring workflow “agents” that run on top of n8n. Core capabilities include:

Chat Builder and Visual Builder: Draft, refine, and synchronize n8n workflows through conversational prompts and an embedded visual editor.
Template Marketplace: Browse and import curated workflow templates sourced from the MergeOS team and vetted repositories such as Zie619/n8n-workflows.
Execution Management: Test, execute, and monitor agents, including reviewing execution logs and stopping runs.
Credential and Environment Management: Connect OAuth accounts (e.g., Google, Slack, GitHub, Calendly), store API keys and environment variables, and provision secrets for workflows. Credentials are encrypted at rest with an application-level key.
Runner Provisioning: Allocate and manage isolated compute runners (e.g., AWS ECS tasks) that execute your workflows and webhooks.
Third-Party Integrations: Trigger and call into services you authorize—including Google Workspace APIs, OpenAI models, Slack, HTTP endpoints, and n8n itself—using the credentials you supply.
Analytics and Telemetry: Collect usage metrics via PostHog and service logs to improve reliability, security, and feature quality.

Certain functionality may be labeled beta, preview, or experimental. Such features may change or be withdrawn at any time and are provided “as is.”

2) Account Registration and Eligibility

Minimum Age: You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account.
Registration: Accounts are provisioned through Google OAuth and require a valid email address. We may refuse or cancel an account if supplied information is inaccurate, misleading, or infringes third-party rights.
Security: You are responsible for safeguarding your credentials, including Google authentication sessions, API tokens, and any session cookies. Notify us immediately at legal@mergeos.ai if you suspect unauthorized use.
Organization Accounts: If you invite teammates or share credentials, you must ensure everyone complies with these Terms. You remain responsible for actions performed under your account.

3) Subscription Plans and Billing

Paid Access: Most production features (e.g., runner provisioning, unlimited executions, template import) require an active subscription managed via Stripe.
Billing Agent: MergeOS partners with Stripe to process payments and store card data. By starting a subscription, you authorize recurring charges until you cancel.
Complimentary Access: We may grant complimentary or access-code-based plans which we can revoke or modify at our discretion.
Taxes: Fees exclude applicable taxes, which you are responsible for paying.
Non-Refundable: Except where required by law, fees are non-refundable once charged.

4) Your Content and Licenses

Ownership: You retain all rights in the workflows, prompts, environment variables, datasets, and other content (“User Content”) you submit.
License to Us: You grant MergeOS a worldwide, non-exclusive, royalty-free license to host, store, execute, display, and otherwise process User Content as necessary to provide, secure, and improve the Service. This includes transmitting data to n8n instances, OpenAI, and other connectors you enable.
Representations: You represent that you have all rights and permissions needed to grant this license and to connect any third-party accounts or APIs you authorize through the Service.
Template Contributions: If you submit templates or make them available to others through the marketplace, you grant MergeOS and other users a license to use, deploy, modify, and create derivative works from those templates consistent with any license you specify. You must not upload templates that violate another party’s license.

5) AI Output and Workflow Behavior

OpenAI Models: The Service calls OpenAI GPT-family models (e.g., GPT-5, GPT-4.1, GPT-4o) to generate or refine workflows and respond to chat prompts. Model responses may be inaccurate, incomplete, or unsafe if executed without review.
User Review: You are solely responsible for validating model output, agent plans, and workflow logic before deploying them in production or exposing them to end users.
Prompt Safety: Do not submit regulated or highly sensitive data (e.g., PHI, PCI) unless you have independently verified the models and Service meet your compliance requirements.

6) Credentials, Secrets, and Environment Variables

Storage: OAuth tokens, API keys, and environment variables are encrypted in the database using an AES-GCM key derived from a service-level root key (ROOT_ENC_KEY/N8N_ENCRYPTION_KEY).
Usage: Credentials are used only to perform the actions you configure (e.g., Gmail send, Slack post, HTTP requests) and may be transmitted to your n8n instance or remote runner.
Your Responsibility: You are responsible for scope selection, rotation, and revocation of credentials. The Service does not inspect secrets for correctness or policy violations.

7) Third-Party Services

n8n Integration: Workflows are created, synchronized, and executed through n8n. Your use of n8n is subject to n8n GmbH’s terms and policies.
Connected Apps: Actions against Google Workspace, Slack, GitHub, Calendly, HTTP endpoints, AWS, and other connectors remain governed by the respective providers’ terms of service and privacy policies.
Analytics: We use PostHog to gather product analytics and event telemetry. See our Privacy Policy for details.
Payments: Stripe processes payment information under its own terms and privacy notices.
Third-Party Templates: Some marketplace content originates from open-source repositories. Those workflows remain subject to their original licenses, and MergeOS makes no warranty regarding their accuracy or security.

8) Acceptable Use

You agree not to:

Probe, scan, or test the vulnerability of the Service or its infrastructure without written permission.
Abuse compute runners, including by mining cryptocurrency, launching denial of service attacks, or sending spam.
Upload malware, spyware, or other harmful code, or misconfigure agents to exfiltrate third-party data without authorization.
Bypass or defeat authentication, rate limits, or usage caps.
Misrepresent your affiliation, impersonate others, or falsely imply endorsement by MergeOS.
Use the Service to violate any applicable law, including data protection, export control, or intellectual property statutes.

9) Service Changes and Availability

Modifications: We may modify or discontinue features, including AI models, connectors, and template sources. We will attempt to give advance notice when practicable.
Downtime: The Service may be unavailable during maintenance, updates, or failures of third-party providers (including AWS, n8n, OpenAI, Google, or Stripe). We are not liable for resulting delays or data loss.
Support: Unless a separate written agreement states otherwise, support is provided on a commercially reasonable basis through in-product channels and community forums.

10) Privacy

Our collection, use, and sharing of personal information are described in the Privacy Policy. By using the Service, you consent to those practices.

11) Term and Termination

Your Termination: You may stop using the Service at any time. To cancel a paid subscription, follow the Stripe-hosted portal or contact us at billing@mergeos.ai.
Our Suspension or Termination: We may suspend or terminate access if you breach these Terms, create risk or legal exposure for us, or if we discontinue the Service. We will attempt to notify you via the contact email associated with your account.
Post-Termination: Upon termination, we may retain necessary records for legal, billing, or security reasons but will otherwise delete or de-identify User Content according to our Privacy Policy.

12) Export Compliance

You represent that neither you nor your organization is located in, under control of, or a national or resident of any country or entity subject to U.S. trade sanctions. You will not export or re-export the Service or any workflows generated through it in violation of applicable export laws.

13) Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, MERGEOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT WORKFLOWS, AI OUTPUTS, OR THIRD-PARTY INTEGRATIONS WILL BE ERROR-FREE OR MEET YOUR REQUIREMENTS.

14) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MERGEOS, ITS AFFILIATES, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE AMOUNTS YOU PAID TO MERGEOS FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM.

15) Indemnification

You agree to defend, indemnify, and hold harmless MergeOS and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your User Content; (b) your use of the Service; (c) your violation of these Terms; or (d) your violation of any third-party rights, including intellectual property or privacy rights.

16) Governing Law and Dispute Resolution

Law: These Terms are governed by the laws of the State of California, U.S.A., without regard to its conflict of law rules.
Venue: The exclusive venue for disputes arising out of or relating to the Service is the state and federal courts located in San Francisco County, California, and you consent to their personal jurisdiction.
Injunctive Relief: Nothing in this section limits either party’s ability to seek injunctive relief for misuse of confidential information or intellectual property.

17) Changes to These Terms

We may update these Terms from time to time. When we do, we will post the revised Terms here and update the effective date. If changes are material, we will provide additional notice (e.g., via email or in-product). Your continued use of the Service after the revised Terms become effective constitutes acceptance.

18) Contact

Questions about these Terms can be sent to: legal@mergeos.ai.