OBSIDIANAIPrivacy Policy →

Terms of Service

Effective date: 14 March 2026

These Terms of Service ("Terms") govern your access to and use of Obsidian AI ("we", "us", "our"), including all services, APIs, and software provided through obsidianai.app and its subdomains (collectively, the "Service"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. By registering, you represent that all information you provide is accurate and that you will keep it current.

2. Accounts

  • You are responsible for maintaining the confidentiality of your account credentials.
  • One free account per verified email address. Creating multiple free accounts to circumvent usage limits is prohibited.
  • You must notify us immediately at legal@obsidianai.app if you suspect unauthorised access to your account.
  • We reserve the right to suspend or terminate accounts that violate these Terms.

3. Acceptable Use

You agree not to use the Service to:

  • Generate, distribute, or facilitate illegal content, including content that violates intellectual property rights, privacy rights, or applicable law.
  • Harass, abuse, threaten, or harm any person.
  • Create or deploy malware, spyware, or other harmful code.
  • Abuse the code-execution (tool) feature — you may not use it to attack infrastructure, exfiltrate data, or circumvent security controls on any system.
  • Reverse engineer, decompile, or attempt to extract the source code of any proprietary component of the Service (the underlying platform code is AGPL-licensed — see Section 10).
  • Resell or sublicense access to the Service without our prior written consent.
  • Use automated scripts to create accounts, hammer the API beyond documented rate limits, or interfere with the Service's availability.
  • Violate any applicable law, including export controls and sanctions regulations.

4. Subscriptions and Billing

Paid plans are billed through Paystack. By subscribing, you authorise us to charge your payment method on a recurring basis at the interval selected (monthly or annual).

  • Free tier: 200 credits/month, one agent, Haiku model only. No credit card required.
  • Paid tiers: Credits are allocated at the start of each billing period and expire at period end. Unused credits do not roll over.
  • Usage enforcement: When your credit balance reaches zero, LLM requests are blocked until the next billing period or until you upgrade. You will not be billed for usage beyond your included credits without explicitly opting in to overage billing (not currently available — hard block is the default).
  • Cancellation: You may cancel at any time via the billing portal. Your plan remains active until the end of the current paid period. No refunds for partial periods.
  • Price changes: We will provide at least 30 days' notice of price increases via email before they take effect for existing subscribers.
  • Failed payments: If payment fails, your account is marked past-due and may be downgraded to the free tier after a reasonable grace period.

5. API Keys and Third-Party Providers

The Service allows you to connect your own API keys for third-party LLM providers ("BYOK"). By providing these keys:

  • You represent that you have the right to use those keys and agree to each provider's terms of service.
  • We encrypt your API keys at rest using AES encryption. However, you bear the risk of any key compromise arising from your own actions (e.g., sharing credentials or using an insecure device).
  • We are not responsible for charges incurred on your third-party provider accounts arising from your use of the Service.

6. Your Content

"Your Content" means any data, prompts, agent configurations, knowledge base documents, files, or outputs you create or upload through the Service.

  • You retain all ownership rights in Your Content.
  • You grant us a limited, non-exclusive licence to process Your Content solely to provide the Service to you.
  • You are solely responsible for the legality, accuracy, and appropriateness of Your Content.
  • We do not use Your Content to train our own AI models.
  • Prompts and messages sent to third-party LLM providers (Anthropic, Fireworks AI, etc.) are governed by those providers' terms and data policies.

7. WhatsApp Integration

The WhatsApp Channels feature is available on Starter and higher plans. By using it, you agree to:

  • Comply with WhatsApp's Business Policy and Terms of Service.
  • Only send messages to contacts who have consented to receive them.
  • Not use the feature for spam, unsolicited marketing, or any purpose that violates applicable messaging laws.
  • Accept that we may suspend access to this feature if we receive abuse reports or if WhatsApp requires it.

8. Service Availability and Modifications

  • We aim for high availability but do not guarantee uninterrupted access. The Service is provided "as is" and "as available".
  • We may modify, suspend, or discontinue any part of the Service with reasonable notice. For material changes that adversely affect paid subscribers, we will provide at least 30 days' notice where practicable.
  • We reserve the right to impose additional limits on free tier usage to protect service quality for paying subscribers.

9. Termination

Either party may terminate the agreement at any time. We may suspend or terminate your account immediately, without notice, if we determine (in our sole discretion) that you have violated these Terms or that your use poses a risk to the Service or other users. Upon termination, your right to access the Service ceases and we may delete your data in accordance with our Privacy Policy. You may request a data export before termination using the account export feature.

10. Open-Source Licence (AGPL)

The core platform software is licensed under the GNU Affero General Public License v3 (AGPL-3.0). You may access and use the source code under those terms. If you run a modified version of this software as a network service, you must make your modified source available under the AGPL. This SaaS offering operates as a hosted version of the AGPL-licensed code; the source code is available at the project's public repository. Commercial use beyond the AGPL's terms requires a separate commercial licence — contact us at legal@obsidianai.app.

11. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • THE SERVICE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
  • AI-generated outputs may be inaccurate, incomplete, or inappropriate. We do not warrant the accuracy of any output produced by LLM providers accessed through the Service.
  • WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICE.
  • OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS SHALL NOT EXCEED THE AMOUNTS YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Governing Law

These Terms are governed by the laws of the Republic of South Africa. Any dispute arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email (to the address on your account) at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

14. Contact

Questions about these Terms? Email us at legal@obsidianai.app.

© 2026 Obsidian AIPrivacy Policy