Terms of Service

Please read these Terms carefully. They contain a binding arbitration provision, a class action waiver, a jury trial waiver, disclaimers of warranty, and limitations of our liability. By accessing or using the Services you agree to be bound by these Terms. If you do not agree, do not access or use the Services.

1. Agreement to these Terms

These Terms of Service ("Terms") are a binding legal agreement between you (whether personally or on behalf of an entity) and EZO Labs Inc, a Delaware corporation ("EZO Labs," "we," "us," or "our"), governing your access to and use of the Services described below.

You accept these Terms by accessing or using the Services. No signature, click-through, account, or other affirmative act is required. Merely visiting our websites (including superbot.gg and beta.superbot.gg), submitting an email address, requesting notification or access, communicating with us, installing or opening any of our apps (including the superbot desktop app, Helper and mobile apps), or otherwise using any part of the Services constitutes your acceptance of these Terms and of our Privacy Policy, which is incorporated here by reference. If you use the Services on behalf of an entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

2. We may change these Terms at any time

We may modify, replace, add to, or remove any part of these Terms at any time. We publish every revision at this URL. The "Last updated" date above shows when the Terms were last revised. A change that does not reduce your rights, does not raise what you pay, and does not make the Services worse to use in more than a minor way takes effect when we publish it. Examples are a correction, a clarification or a new feature.

Material changes for consumers who pay for a product. A material change is any other change. It includes any price rise and any change that reduces your rights. If you are a consumer with a paid plan or a purchase with us, we email you about a material change before it takes effect, at the address on your account. We send that email at least 30 days before the change takes effect if you live in the EEA or the UK. We send it at least 30 days before the renewal it first applies to for a change to the price of your plan, wherever you live. We send it at least 7 days before it takes effect for any other material change. Where a law, or an urgent security or abuse problem, needs a change to take effect sooner, we email you as early as we can.

Your free exit. If you are such a consumer and you do not accept a material change, you can end your agreement with us free of charge. You can do this at any time before the change takes effect, or within 30 days after the later of our email and the date the change takes effect. We then refund, to the payment method you used, the unused part of any plan period you paid for in advance, pro rata to the day, and the unused credits of any pack you bought. A change never takes away what you have already paid for. It does not remove credits you hold, and it does not change the price of a plan period you have already paid for. A change to how disputes are resolved, or to which law governs them, never applies to a dispute that arose, or that either of us knew about, before the change takes effect.

A product's own change clause comes first. Where a product's Product Terms (section 4) have their own clause on changes, that clause governs changes for that product instead of this section. For superbot, that is section 12 of the superbot terms.

Where nobody has paid us for anything, your continued access to or use of the Services after a change is published means you accept it. If you do not agree to a change, you may stop using the Services at any time.

3. The Services

"Services" means, collectively and however accessed: the websites at ezolabs.io and ezolabs.net; the website at ezo.dev and its subdomains; the superbot product, including the websites at superbot.gg and beta.superbot.gg, the superbot desktop app, the superbot Helper and the superbot mobile apps; any waitlist, notification, interest, or early-access registration we operate; any other website, landing page, application, software, API, tool, agent, model, product, or service that EZO Labs now or in the future makes available; and all content, features, and functionality of the foregoing.

We may change, suspend, limit, restrict, or discontinue the Services or any part of them at any time, for any reason, without notice and without liability to you. We are under no obligation to release, continue developing, maintain, support, or make available any product, feature, or capability, whether or not previously announced or described. Where a product's Product Terms say how that product may be changed, withdrawn or ended, those terms govern instead of this paragraph.

4. Product-specific terms

Individual products may be governed by separate terms, license agreements, subscription terms, or policies ("Product Terms"). Where Product Terms apply, they govern your use of that product and control over these Terms to the extent of any direct conflict. These Terms continue to apply to all other aspects of your relationship with us, and to any part of the Services not covered by Product Terms. Nothing in any Product Terms limits the disclaimers, liability limitations, or dispute resolution provisions of these Terms except by express written reference to this section.

superbot. The superbot terms of service are the Product Terms for superbot. We make the express written reference to this section in section 15 of those terms. For superbot, their section 13 replaces sections 17 and 18 of these Terms. Their section 12 replaces sections 2, 3 and 16 of these Terms. Sections 20 (arbitration) and 22 (governing law) of these Terms still apply to superbot. Consumers in the EEA and the UK keep every right that the law of the country they live in gives them, including the right to bring a claim in the courts where they live.

5. Eligibility

You must be at least 13 years old to use the Services, and at least 18 years old (or the age of legal majority in your jurisdiction) to enter into a binding contract with us or to purchase anything from us. You represent that you are not barred from using the Services under the laws of any applicable jurisdiction and that all information you provide is accurate and current.

6. Waitlists, registrations, and communications

If you submit an email address or other contact information to a waitlist, notification list, early-access request, or contact form, you consent to receive communications from us relating to that request and to the Services. Submission creates no entitlement: we are not obligated to contact you, to grant you access to any product, to grant access in any particular order or timeframe, or to provide any product at all. Access to pre-release or invitation-only products is granted and revoked in our sole discretion. You may request removal at any time by contacting us.

7. Acceptable use

You agree not to, and not to attempt to, assist, or permit any third party to:

• Use the Services for any unlawful, fraudulent, infringing, or harmful purpose, or in violation of any applicable law or regulation.
• Access, probe, scan, or test the vulnerability of the Services or any related system or network, or breach or circumvent any security, authentication, rate-limiting, or access-control measure.
• Interfere with, disrupt, overload, or impair the Services or the servers or networks that support them, including by denial-of-service, flooding, or automated abuse.
• Use any robot, spider, scraper, or other automated means to access, harvest, or index the Services or to collect information about other users, except as expressly permitted by us in writing.
• Submit false, misleading, or third-party contact information, or register for waitlists or access in bulk or under false pretenses.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code, structure, or underlying ideas of any part of the Services, except to the extent this restriction is unenforceable under applicable law.
• Copy, reproduce, republish, frame, mirror, sell, resell, license, sublicense, distribute, or create derivative works from the Services or their content, except as expressly permitted.
• Remove, obscure, or alter any proprietary notice, or misrepresent your affiliation with EZO Labs.
• Transmit any malware, worm, exploit, or other malicious or harmful code.

We may investigate any suspected violation and may involve and cooperate with law enforcement. We reserve every remedy available to us.

8. Pre-release, unreleased, and evaluation offerings

Portions of the Services describe, preview, or provide access to products that are unreleased, in development, in alpha or beta, or otherwise pre-release ("Pre-Release Offerings"). Pre-Release Offerings are provided for evaluation only and, notwithstanding anything to the contrary, are provided strictly "AS IS," with all faults, without any warranty, support, service level, or commitment of any kind. They may be incomplete, unstable, insecure, or discontinued; may change materially or be withdrawn at any time; and may produce inaccurate, unexpected, or damaging results, including data loss. You assume all risk arising from any Pre-Release Offering and are responsible for maintaining independent backups of any data, code, or configuration you expose to them.

9. Statements about products and roadmap

Descriptions, previews, teasers, roadmaps, timelines, capabilities, benchmarks, and other statements about current or future products are provided for general informational purposes, reflect our intentions as of the date made, and are subject to change without notice. They are not promises, warranties, guarantees, specifications, or commitments, are not incorporated into any agreement, and should not be relied upon in making any purchasing, business, or other decision. Actual products may differ materially or may never be released.

10. Paid offerings

If we make any product, subscription, or other offering available for a fee, the applicable prices, billing terms, renewal terms, taxes, and refund or cancellation policy will be disclosed at or before the point of purchase and form part of these Terms for that transaction. Prices, availability, and descriptions are subject to change and may contain errors, which we may correct. We may refuse, limit, or cancel any order or transaction, including where we suspect fraud, abuse, or an error in pricing or availability. Except where required by law or expressly stated in the applicable policy, all fees are non-refundable.

11. Intellectual property

The Services, including all software, code, models, text, graphics, designs, layouts, logos, marks, and other content, and all intellectual property rights in them, are owned by EZO Labs or its licensors and are protected by United States and international law. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Services for your own internal, non-commercial evaluation. Where a product's Product Terms grant you a licence to use that product, including for commercial purposes, that grant governs your use of that product instead of this one. All rights not expressly granted are reserved. No right or license to any EZO Labs name, mark, or logo is granted.

12. Feedback

If you send us ideas, suggestions, feature requests, bug reports, or other feedback ("Feedback"), you grant EZO Labs a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, transferable license to use, reproduce, modify, distribute, commercialize, and otherwise exploit the Feedback for any purpose, without restriction, attribution, or compensation to you. You represent that you have the right to grant this license. Feedback is not confidential, and we may already be developing something similar independently.

13. Automated and AI-generated output

Our products may use automated systems, machine learning models, and AI agents to generate output, including code, text, configuration, and suggested actions. Such output may be inaccurate, incomplete, insecure, non-functional, offensive, or infringing, and may not be unique to you. You are solely responsible for reviewing, testing, and validating any output before relying on it or deploying it, and for ensuring that your use complies with applicable law and third-party rights. We make no representation or warranty regarding the accuracy, quality, originality, non-infringement, security, or fitness of any output, and we disclaim all liability arising from your use of it.

14. Third-party services and content

The Services may link to, integrate with, or rely on third-party websites, services, models, infrastructure, and content that we do not control. We do not endorse and are not responsible or liable for any third-party service or content, including its availability, accuracy, security, or privacy practices. Your use of any third-party service is governed by that third party's terms, and is at your own risk.

15. Privacy

Our collection and use of information is described in our Privacy Policy. By using the Services you consent to those practices. Our products may be governed by their own privacy policies.

16. Termination and suspension

We may suspend, restrict, or terminate your access to the Services, in whole or in part, at any time, for any reason or no reason, with or without notice, and without liability to you. You may stop using the Services at any time. Sections that by their nature should survive termination will survive, including Sections 11 through 24.

17. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. EZO LABS AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS; THAT ANY DEFECT WILL BE CORRECTED; THAT ANY DATA WILL BE PRESERVED, SECURE, OR RECOVERABLE; OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY PARTICULAR RESULT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the above exclusions apply to the fullest extent permitted, and any warranty that cannot be disclaimed is limited in duration to thirty (30) days from your first use of the Services.

18. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EZO LABS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, CODE, USE, OR OTHER INTANGIBLE LOSSES, arising out of or relating to these Terms or the Services, whether based in contract, tort (including negligence), strict liability, warranty, statute, or any other theory, and whether or not we have been advised of the possibility of such damages, and even if a limited remedy is found to have failed of its essential purpose.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU ACTUALLY PAID TO EZO LABS FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100). This cap applies in the aggregate across all claims and is not increased by multiple claims or claimants.

These limitations are a fundamental basis of the bargain between us and apply even where the Services are provided free of charge. Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions our liability is limited to the greatest extent permitted by law. Nothing in these Terms excludes liability that cannot lawfully be excluded, such as for fraud or death or personal injury caused by negligence.

19. Indemnification

You agree to defend, indemnify, and hold harmless EZO Labs and its officers, directors, employees, contractors, agents, affiliates, suppliers, and licensors from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Services; (b) your violation of these Terms or any applicable law; (c) your violation of any third-party right, including intellectual property, privacy, or publicity rights; (d) any content or information you submit; or (e) your use of, or reliance on, any output generated through the Services. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, at your expense, and you agree to cooperate with us.

20. Binding arbitration and class action waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury trial.

Except as set out below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including their existence, breach, termination, enforcement, interpretation, or validity ("Dispute"), will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable. The arbitration will be conducted in the State of Delaware, or by videoconference or on the documents where the rules permit, before a single arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this section.

YOU AND EZO LABS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of representative proceeding, and may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this class action waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court, and the remainder will proceed in arbitration.

YOU AND EZO LABS EACH WAIVE ANY RIGHT TO A JURY TRIAL with respect to any Dispute, to the maximum extent permitted by law.

Exceptions. Either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or to address unauthorized access to or misuse of the Services.

Informal resolution first. Before initiating arbitration, you agree to notify us in writing at contact@ezolabs.io describing the Dispute and the relief sought, and to attempt in good faith to resolve it informally for at least sixty (60) days.

21. Time limit on claims

Any claim arising out of or relating to these Terms or the Services must be filed within one (1) year after the claim arose, or it is permanently barred. This limitation applies to the fullest extent permitted by law.

22. Governing law and venue

These Terms and any Dispute are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods. To the extent a Dispute is not subject to arbitration, you and EZO Labs consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware, and waive any objection to those forums.

23. Export control and sanctions

You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions, and that you are not a person with whom U.S. persons are prohibited from dealing. You agree to comply with all applicable export control and sanctions laws in connection with your use of the Services.

24. General

• Entire agreement. These Terms, together with the Privacy Policy and any applicable Product Terms (for superbot, the superbot terms of service and the superbot privacy notice), are the entire agreement between you and EZO Labs regarding the Services and supersede all prior understandings on the subject.
• Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the remaining provisions will remain in full force.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later. Any waiver must be in writing.
• Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent; any attempt to do so is void. We may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of assets.
• Force majeure. We are not liable for any failure or delay caused by circumstances beyond our reasonable control, including acts of God, war, terrorism, labor disputes, utility or network failures, third-party provider outages, cyberattacks, or governmental action.
• No third-party beneficiaries. These Terms create no rights in any third party, except that our officers, directors, employees, contractors, agents, affiliates, suppliers, and licensors are intended beneficiaries of the disclaimer, limitation of liability, and indemnification provisions.
• Relationship. No agency, partnership, joint venture, employment, or franchise relationship is created by these Terms.
• Notices. We may provide notice to you by posting on the Services or by emailing any address you have provided. You must send notices to us at contact@ezolabs.io.
• Headings. Headings are for convenience only and do not affect interpretation.

25. Contact

EZO Labs Inc, 1007 N Orange St, 4th Floor, Suite 5766, Wilmington, DE 19801, USA
contact@ezolabs.io