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Terms of Service for Exmergo

Last modified: October 29, 2026

1. Introduction and Scope

These Terms of Service ("Terms") are an agreement between you and Exmergo, Inc. ("Exmergo," "we," "us," or "our"), a company incorporated in Delaware, United States.

They apply to the Exmergo website at www.exmergo.com and to every Exmergo product. Our products are built and delivered in genuinely different ways, so the terms that matter to you depend on which one you use. Two product annexes carry those details:

Each annex forms part of these Terms and is incorporated into them by reference. Where an annex is more specific than this document, the annex governs for that product.

How we handle information is described separately in our Privacy Policy and its product annexes.

2. Which Terms Apply to You

  • You visited our website. This document applies in full. Nothing on the marketing site requires an account.
  • You use Exmergo Viz. This document applies, together with the Viz annex, which covers accounts, subscriptions and billing, your content, published dashboards, and dispute resolution.
  • You use open-source Exmergo Dex. Dex is free, open-source software licensed under the Apache License, Version 2.0. That licence, not these Terms, governs your rights to the software, and nothing in these Terms restricts them. This document and the Dex annex cover what the licence does not: Exmergo's distribution channels, documentation, support, community spaces, and trademarks.
  • You use Dex Enterprise or another paid Dex offering. Your written agreement with Exmergo governs it. The Dex annex covers the open-source software only and does not apply to paid offerings.

3. Using the Exmergo Website

You may browse and read the website, and share links to it, for any lawful purpose. When you use it, you agree not to:

  • Attempt to gain unauthorized access to the website, its servers, or any connected system.
  • Interfere with or disrupt the website, including by overloading it, introducing malicious code, or circumventing bot protection such as the human check on our Discord invite page.
  • Scrape or harvest the website in a way that places an unreasonable load on it, or that ignores the instructions in our robots.txt file.
  • Use the website to infringe anyone's rights or to break the law.

The text, graphics, and design of the website belong to Exmergo or its licensors, except where we state otherwise. Open-source code and documentation we publish under an open licence are governed by that licence. The website links to services we do not operate, such as GitHub, Discord, and package registries. Those services are governed by their own terms, and we are not responsible for them.

4. Trademarks

"Exmergo," "Exmergo Viz," "Exmergo Dex," and the Exmergo logos are trademarks of Exmergo, Inc. Open-source licences, including the Apache License that covers Dex, do not grant permission to use them. You may refer to our products by name to describe them accurately, for example to say that something works with Exmergo Dex. You may not use our names or logos in a way that suggests we sponsor, endorse, or produced something we did not. The Dex annex explains how this applies to forks and redistributions of Dex.

5. Disclaimers and Limitation of Liability

  • "AS IS" WEBSITE. THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Benchmarks, comparisons, and examples on the website describe results at the time they were published and are not promises about your own results.
  • LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, EXMERGO, INC. AND ITS AFFILIATES, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE WEBSITE. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

Each product annex sets out the disclaimers and limitations that apply to that product. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

6. Governing Law

These Terms, and any dispute arising out of or relating to them or the website, are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions. The Viz annex contains its own dispute resolution and arbitration provisions for Viz. Nothing here limits rights you hold under the mandatory law of your own country of residence.

7. General

If any provision of these Terms is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets. These Terms, the applicable annex, and any separate written agreement you have signed with us for a product are the entire agreement between us on their subject, and a signed agreement governs where it conflicts with them.

8. Changes to These Terms

We may update these Terms and their annexes from time to time. We will post the revised version here and update the date at the top. If a change materially affects your rights, we will give you notice before it takes effect, through the product or by email where we have your address. A change to these Terms never changes the open-source licence of software you have already received.

9. Contact Us

Exmergo, Inc. 1111B S Governors Ave # 58620, Dover, DE 19904, United States

Annex A: Exmergo Viz

Exmergo Viz is a hosted service at viz.exmergo.com. It requires an account and a paid subscription, including a trial of one. The Viz annex covers accounts and plan tiers, your content and AI-generated content, acceptable use, published dashboards, fees, billing, automatic renewal and trials, copyright notices, termination, and binding arbitration with a 30-day right to opt out.

Read the full annex: Terms of Service for Exmergo Viz.

Annex B: Exmergo Dex

Open-source Exmergo Dex is free software under the Apache License 2.0. It runs on your own machine, inside your own coding agent, using your own warehouse credentials. It has no Exmergo account and no Exmergo server, and it sends Exmergo nothing. The Dex annex confirms that the licence governs the software, and covers your responsibility for the warehouses you connect and the compute they bill, review of what your agent produces, third-party services, use of the Exmergo Dex name, and support.

This annex covers the open-source software only. Dex Enterprise and other paid Dex offerings are governed by their own written agreement.

Read the full annex: Terms of Service for Exmergo Dex.