Terms of Service

Last updated: October 6, 2026

These Terms of Service (the «Terms») govern access to Max and its use. Max is the artificial intelligence agent developed and operated by Purpleseed LLC under the name PurpleLab («Purpleseed», «we»). The Terms also govern the agentemax.ai website, the client workspace at pods.purpleseedlab.com (the «Workspace»), the public conversation pages at public.agentemax.ai, and related professional services (collectively, the «Services»).

By creating an account, signing an order or service contract that refers to these Terms, or using the Services, you accept these Terms. If you accept them on behalf of a company, you declare that you have the authority to bind it; in that case, «you» and «Customer» refer to that company.

If you have signed a Max Service Contract or a Service Order with us, that document also applies. In the event of a conflict with these Terms, the signed document prevails. Our Privacy Policy And, for business customers, our Data Processing Addendum is also part of these Terms.

1. The Services

Max is an artificial intelligence agent who works for a company: he serves the company's customers through channels such as WhatsApp, email, and the website chat; he uses the company's catalog, pricing, and knowledge; he generates orders and records; and he sends the notifications that the company configures. The company's team works with Max in the Workspace.

Functions change over time. Some functions are identified as beta o preview: are offered in the condition they are in; they can be modified or withdrawn and are not covered by any service commitment.

The Services are exclusively for business use. You must be at least 18 years old and capable of entering into a binding contract.

2. Accounts

You must provide accurate account information and keep it updated. You are responsible for safeguarding your credentials, the users you invite to your team, and all activity that occurs on your account. If you suspect unauthorized access, please notify us immediately at team@purpleseedlab.com.

3. Who is responsible for what

Max speaks with his clients on your behalf. This only works if each party is clearly responsible for what they can actually see and control.

You are responsible for:

• What can be said about your company and its industry: the accuracy of the information, the catalog, the prices, the offers and the policies provided to Max, and the claims that Max is authorized to make about them;
• the warnings and disclosures required by your industry, your regulatory body or the law show it to their customers;
• telling us what Max should never say. Before Max talks to his clients, you will provide us, reviewed by your own advisors as you see fit, (a) a list of topics or statements that Max should never make and (b) a list of warnings that should be included on your pages directed to clients. We will configure Max with them;
• testing Max before launch, through a person capable of recognizing whether an answer is incorrect, and informing us of the errors found;
• review the conversations. You will have access to your conversations in the Workspace and in the message tray. You are responsible for reviewing them on a reasonable frequency and informing us when Max is mistaken; and
• the data and the consent of their customers (Section 5).

We are responsible for:

• The platform: how conversations and records are stored, who on our part can access them, for how long they are kept and how they are deleted, as described in our Privacy Policy and in our Data Processing Appendix;
• that Max identifies as artificial intelligence in front of the people with whom he converses;
• to follow their instructions, including the previous lists, when configuring Max; and
• correct the errors that you report in the Max configuration, within the response times set out in your service contract.

We do not provide opinions on what your state, country, or industry law requires of your company, and you do not need to audit how we store a conversation.

4. Artificial intelligence

• Max can make mistakes. Max generates responses automatically through artificial intelligence models, without a person having to review each response beforehand. Despite the configuration and testing, a response may be inaccurate, incomplete, or inappropriate. Max is a tool that acts on your behalf; it does not replace your judgment.
• Max is not a professional advisor. You may not use Max to provide legal, medical, financial, tax, or other professional advice, or to make decisions that have legal or other similarly significant effects on an individual (such as approving or denying a loan, employment, housing, or insurance), unless a person qualified by your company reviews and makes that decision.
• You decide what Max can do. Actions such as creating orders or sending messages are performed within the permissions you configure. You can review the conversations and take control of them at any time.
• Models from third parties. Max uses artificial intelligence models from third-party providers (listed in our list of sub-contractors). We may change providers or models to maintain the functioning of the Services, without reducing the protections of our Privacy Policy and our Data Processing Addendum.
• Without training with your data. We do not use the Customer Data to train or adjust (fine-tuning) models of artificial intelligence.
• Human review. The authorized personnel of Purpleseed may review conversations and technical records to detect and correct errors and to provide support, subject to confidentiality obligations.

5. Customer Data

«Customer Data» means the data that you, your team or your customers provide through the Services, including conversations, contacts, catalogs and orders.

• They belong to him. You retain all rights over the Customer Data. You grant us a limited license to store, copy, process, and transmit it only to the extent necessary to provide, protect, and improve the Services, and as described in our Data Processing Addendum.
• You should have the right to use them. You are responsible for having the rights, notices, and consents necessary to allow us to process the Customer Data, including the consent of their customers to be contacted by WhatsApp, SMS, email or any other channel, and to respond to your requests to stop receiving communications.
• Privacy notice. You are responsible for informing your customers, in your own privacy notice, that you use an artificial intelligence service provider to communicate with them and that their data may be processed in the United States.
• Sensitive data. Unless we agree otherwise in writing, you will not use the Services to collect or process payment card numbers, official identification numbers, health information, or other special categories of data that the law protects with additional requirements.
• At the end, We delete or return the Customer Data as described in our Data Processing Appendix.

Aggregated data. We may use information about the performance of the Services (for example, response times, error rates, and usage volumes) in a way that does not identify you, your customers, or any other person, to operate and improve the Services.

6. Acceptable use

You will not use the Services, nor allow anyone else to use them, for:

• send spam, or any message without the consent required by law or channel policy;
• infringe the law, or the terms and policies of a connected platform, including The policies of WhatsApp Business, Meta, and Twilio;
• impersonating a person or company, or hiding that Max is an artificial intelligence to whom you ask;
• send illegal, deceptive, harassing, discriminatory, infringing, or harmful content;
• offer illegal or prohibited goods or services by connected platforms;
• obtain unauthorized access to the Services or the data of other customers, test their security without our written permission, or interfere with their operation;
• copy the Services, reverse engineer them, extract their instructions (prompts), configurations, or source code, or develop a competing product from them; or
• resell the Services or make them available to third parties, unless we agree otherwise in writing.

Some messaging resources (such as an account or a WhatsApp Business number) can be shared between customers, so misuse by one customer can affect everyone's ability to send messages. Therefore, we may Suspend an account immediately, with notice as soon as reasonably possible, if we reasonably believe there is an infringement, a risk to the Services or to other customers, or a requirement of a platform or the law. We will reinstate it once the problem is resolved.

7. Third-party platforms

The Services connect with platforms that you choose, such as WhatsApp, email providers, CRM, and file storage services. Their terms govern your use of them, and you are responsible for complying with them and paying the fees they charge, unless your service agreement provides otherwise. We are not responsible for those platforms, their availability, or the changes they make that affect the Services. If a platform changes in a way that a feature stops working, we will inform you and work with you on an alternative.

8. Fees

Fees, including the activation charge and recurring monthly amounts, are set out in your Service Order or service contract. Unless that document provides otherwise: fees are expressed in U.S. dollars and do not include taxes; the activation charge reimburses work delivered and is non-refundable; and we may modify recurring fees for a future period with at least 30 days’ notice. We may suspend the Services if an uncharged amount is more than 15 days past due, with prior notice to you.

9. Intellectual property

Our thing. The Services, including the platform, the software, Max’s skills, instructions (prompts), guidance, workflows, configurations, methods, templates, and documentation, as well as the names and marks of Max, PurpleLab, and Purpleseed, belong to Purpleseed and its licensors. We grant you a limited, non-exclusive, and non-transferable right to use the Services during your subscription for your company’s internal activity. No other rights are granted.

Yours. The Customer Data, its brands and the materials you provide to us (such as your catalog, your texts and your knowledge) remain yours. What your service contract identifies as delivered to you (for example, your messaging accounts, your phone number or your website) belongs to you in the terms described in that contract.

Suggestions. If you send us suggestions, we can use them without any obligation to you.

10. Confidentiality

Each party will use the other’s nonpublic information solely for the purposes of these Terms, and protect it with, at least, a degree of reasonable care. This does not apply to information that is public without the fault of the receiving party, which the receiving party already had lawfully, received lawfully from a third party, or developed independently. A party may disclose information when the law requires it, upon notification to the other party when the law permits.

11. Exclusion of warranties

Except as expressly provided in these terms or in a service contract signed, the services are provided «AS IS» and «AS AVAILABLE,» and PURPLESEED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We do not guarantee that the services or MAX’s responses will be accurate, complete, uninterrupted or error-free, nor that messages will always be delivered, as delivery depends on third-party platforms.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NO PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOSS OF BUSINESS OR LOSS OF DATA; AND (B) THE TOTAL LIABILITY OF EACH PARTY ARISING FROM THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID AND PLEDGED BY YOU TO PURPLESEED IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT THAT GAVE RISE TO THE CLAIM. THESE LIMITATIONS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS, A PARTY'S INDEMNIFICATION OBLIGATIONS, OR LIABILITY THAT MAY NOT BE LIMITED BY LAW.

13. Compensation

On your part. You will indemnify and defend Purpleseed (and keep it indemnified) against third-party claims, and against any damages, fines, and reasonable costs resulting from: Customer Data or information you provided to Max; messages sent without the required consent; matters for which you are responsible under Section 3; or your failure to comply with Section 6.

On our part. We will indemnify and defend you (and keep you indemnified) against claims by third parties that the Services, as we provide them, infringe that third party's intellectual property rights, and against the reasonable damages and costs resulting therefrom. This does not apply to claims caused by Customer Data, by its materials, or by a combination or modification that we have not made.

The indemnified party must promptly notify the other party, surrender control of the defense, and cooperate reasonably.

14. Validity, suspension and termination

These Terms apply while you use the Services. Your service contract sets out the term and the manner in which either party may terminate it. In the absence of a contract, either party may terminate the use of the Services at any time, with effect at the end of the current billing month. Either party may terminate for material breach by the other that has not been remedied within 15 days of written notice. Upon termination of the Services, your right to use them ceases; we treat Customer Data as described in our Data Processing Appendix, and the sections that by their nature must remain in place (including Sections 5, 9, 10, 11, 12, 13, and 15).

15. Applicable law and controversies

These Terms are governed by the laws of State of North Carolina, USA., Without considering its rules on conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

• If your company is located in the United States, State and federal courts located in Wake County, North Carolina, have exclusive jurisdiction, and both parties submit to it.
• If your company is located outside the United States, Any dispute shall be resolved definitively by Arbitration administered by the International Centre for Dispute Resolution (ICDR) in accordance with its International Arbitration Rules, before a single arbitrator. The seat of arbitration is Raleigh, North Carolina; proceedings may be conducted remotely and will be conducted in Spanish or English, as agreed by the parties, and in English if no agreement is reached. The award may be enforced before any competent court.

Either party may request urgent interim measures before any competent court to protect its confidential information or intellectual property.

16. General provisions

• Modifications. We may update these Terms. If a modification is substantial, we will notify account holders at least 30 days before it takes effect. A modification has no retroactive effect and does not alter a service contract signed during its current term, unless both parties agree otherwise.
• Electronic signature. Accepting these Terms or signing a contract electronically has the same effect as a handwritten signature.
• Transfer. You may not assign these Terms without our written consent. We may assign them in the event of a merger, acquisition, or sale of our business.
• Force majeure. Neither party is responsible for delays or non-performance caused by events beyond its reasonable control, including disruptions to platforms or third-party providers.
• Independent parties. We are independent contractors. Nothing in these Terms creates a partnership, employment, or agency relationship.
• Full agreement. These Terms, together with the documents to which they refer, constitute the entire agreement between the parties regarding their subject matter. If a provision is not enforceable, the remainder remains in effect. Failure to require compliance with a provision does not imply a waiver thereof.
• Notifications. We send the notifications to the email address associated with your account. You send your notifications to team@purpleseedlab.com.
• Language. These Terms are available in English and Spanish. If the two versions differ, the English version will prevail.

17. Contact

Purpleseed LLC 4030 Wake Forest Road, Raleigh, NC 27609, United States team@purpleseedlab.com