1. Agreement to these terms
Agency Bench is sold by Capped Out Labs ("Labs", "we", "us") at agencybench.ai. By purchasing, accessing, or using Agency Bench (the "Product") you agree to these Terms of Service and to the license terms delivered with the Product. If you are buying for a company, you represent that you have authority to bind it.
2. What you're buying
The Product is a digital good: AI agent playbook files, installers, and documentation, delivered as repository access to your checkout email within 24 hours of purchase. You are buying a license to use the Product, not ownership of it.
3. License
Your rights depend on your tier. The Agency License covers one company: use for your own business and for clients you serve, with internal modification allowed. The White-Label License adds rebrand rights and deployment into up to 25 client workspaces you actively manage. Neither tier permits reselling, redistributing, sublicensing, or publicly posting the Product or substantial portions of it. The LICENSE.md delivered with the Product controls if anything here conflicts with it.
4. Payment and refunds
Payment is processed by Stripe in US dollars. Because the Product is a digital good delivered in full, all sales are final and non-refundable once repository access has been delivered, with one exception: if within 14 days of purchase the installers fail on a supported tool (Claude Code or Cursor) and we cannot get you working, we will refund you in full. Contact support@agencybench.ai first; initiating a chargeback instead of contacting us is a breach of these terms.
5. Acceptable use and your responsibility
Don't use the Product to break the law, to spam, or to circumvent the license, including sharing repository access outside your company. You are solely responsible for how you and your clients use the Product, including compliance with advertising, consumer protection, privacy, and industry regulations that apply to your campaigns and your clients' businesses. We may terminate a license for material breach; if we terminate without a breach on your side, we will refund your purchase.
6. Intellectual property
The Product and all content in it are original work owned by Capped Out Labs and protected by copyright. Outputs you produce using the Product in your own work are yours.
7. No professional advice, no guaranteed results
We are not your attorneys, accountants, tax advisors, doctors, or fiduciaries. The Product references legal, tax, medical, and advertising compliance topics for educational purposes only, and none of it is personalized professional advice. We make no guarantee of any result, revenue, profit, ranking, traffic, lead volume, or business outcome from using the Product. Results require substantial effort and depend on factors we do not control.
8. Disclaimer of warranties
THE PRODUCT IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LABS IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCT IS LIMITED TO THE AMOUNT YOU PAID US FOR THE PRODUCT IN THE 6 MONTHS BEFORE THE CLAIM AROSE.
10. Indemnification
You will indemnify, defend, and hold harmless Labs and its owners, employees, and contractors from any third-party claims, investigations, damages, fines, costs, and reasonable legal fees arising from your use of the Product, your breach of these terms or the license, or your acts or omissions, including your campaigns and services for your clients.
11. Governing law
These terms are governed by the laws of the State of Utah, without regard to conflict-of-law rules, and the Federal Arbitration Act governs Section 12.
12. Binding arbitration
Any dispute, claim, or controversy arising out of or relating to the Product or these terms that you bring against Labs will be resolved by confidential, binding arbitration before a single arbitrator in Salt Lake City, Utah, administered by the American Arbitration Association under its rules. Send any arbitration demand to support@agencybench.ai with the subject "ATTN: Arbitration Demand". Labs may elect arbitration or court for claims it brings, and either party may seek injunctive relief in court to protect intellectual property or confidential information. Each side bears its own fees except where the arbitrator awards otherwise or the law requires otherwise.
13. Class action and jury trial waiver
YOU AND LABS EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING. ALL DISPUTES WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY. If this waiver is found unenforceable for a particular claim, that claim (and only that claim) proceeds in court in Utah, and the waiver applies to everything else.
14. Miscellaneous
If any provision of these terms is unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these terms without our consent; we may assign them in connection with a sale of the business. These terms plus the delivered LICENSE.md are the entire agreement about the Product. We may update these terms; the version at agencybench.ai from its "last updated" date applies, and material changes will not reduce the license rights of a purchase already made.
15. Contact
Questions, notices, and disputes: support@agencybench.ai (Capped Out Labs).
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