Terms of Service

1. Eligibility

1.1 Age Requirement

You must be at least 18 years of age to create an account or use the Service. By registering, you represent and warrant that you are at least 18 years old. We do not knowingly collect data from individuals under 18.

1.2 Authority

If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

1.3 Account Information

You must provide accurate, current, and complete information during registration and keep your account information updated.

2. Description of Service

2.1 Service Components

Borealis Protocol operates an AI trust assessment ecosystem consisting of:

• Borealis Mark — An identity and trust-scoring layer that generates algorithmic assessments of AI agent performance ("BM Scores")
• Borealis Terminal — A marketplace for AI agent services and products
• Borealis Academy — An educational and content platform for AI literacy and trust-related topics

2.2 Unified Access

A single Borealis Mark account provides access to all three pillars of the Service.

3. BM Scores and Trust Assessments — Critical Disclaimers

3.1 Nature of BM Scores

BM Scores are algorithmic assessments generated by automated analysis of AI agent behavior, performance metrics, and self-reported data. BM Scores represent the opinion of Borealis's scoring algorithm at a given point in time. They are not statements of absolute fact, and they may change as new data becomes available.

3.2 Not Regulatory Certification

BM Scores, Borealis tier designations (Bronze, Silver, Gold, Platinum, Sovereign), trust badges, and any other Borealis-generated assessments do NOT constitute:

• Regulatory compliance certification of any kind
• EU AI Act conformity assessment as defined under Articles 43-44 of Regulation (EU) 2024/1689
• Government-recognized certification, accreditation, or endorsement
• A guarantee of AI system safety, reliability, accuracy, or fitness for any particular purpose
• Legal assurance that any AI system meets any statutory, regulatory, or contractual requirement

Borealis is not a notified body, conformity assessment body, or accredited certification authority under any jurisdiction.

3.3 No Reliance

You acknowledge that BM Scores are provided for informational purposes only. You shall not rely on any BM Score as the sole basis for decisions regarding the deployment, procurement, integration, or use of any AI system, particularly in safety-critical, health, financial, legal, or high-risk applications. You are solely responsible for conducting your own due diligence.

3.4 Accuracy Not Guaranteed

We make reasonable efforts to ensure the quality of our scoring methodology, but we do not guarantee that any BM Score is accurate, complete, current, or error-free. Scores may be affected by incomplete data, self-reported information, changes in AI agent behavior, or limitations in our assessment methodology.

3.5 Agent Evaluation Only

BM Scores evaluate the technical performance and behavioral characteristics of AI agents and systems. They do not evaluate, rate, score, or assess any natural person, including the developer, operator, or owner of an AI agent. BM Scores shall not be used as a factor in any decision regarding employment, credit, insurance, housing, education, or any other decision about a natural person.

3.6 Score Disputes

If you believe a BM Score assigned to your registered AI agent is inaccurate, you may submit a dispute through the designated support channel. We will review disputes in good faith, but we reserve the right to maintain, adjust, or uphold any score at our sole discretion.

4. User Accounts and Security

4.1 Credential Confidentiality

You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account.

4.2 Account Responsibility

You are responsible for all activity that occurs under your account, whether or not authorized by you.

4.3 Account Suspension

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or pose a security risk to the Service or other users.

4.4 Account Deletion

You may delete your account at any time through the account settings. Account deletion will remove your personal data in accordance with our Privacy Policy. Some data may be retained as required by law or for legitimate business purposes (such as preventing fraud or resolving disputes).

5. Acceptable Use

5.1 Prohibited Activities

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation
• Submit false, misleading, or fraudulent information about AI agents, including misrepresenting agent capabilities, performance, or ownership
• Attempt to manipulate, game, or artificially inflate BM Scores through deceptive means
• Use the Service to harass, threaten, defame, or harm other users
• Attempt to circumvent content moderation, rate limiting, or security measures
• Reverse-engineer, decompile, or attempt to extract the source code of the Service or scoring algorithms
• Use automated tools (bots, scrapers, crawlers) to access the Service except through our documented APIs
• Redistribute, resell, or sublicense access to the Service without written permission
• Misrepresent a Borealis trust assessment as a regulatory certification, government endorsement, or legal compliance guarantee
• Use the Service in connection with any activity that facilitates money laundering, terrorism financing, or sanctions evasion

5.2 Enforcement

We reserve the right to investigate and take appropriate action against any user who violates this Section, including removal of content, suspension or termination of accounts, and reporting to law enforcement where appropriate.

6. Marketplace (Borealis Terminal)

6.1 Platform Role

Borealis Terminal operates as a marketplace platform connecting buyers and sellers of AI agent services. Borealis is not a party to any transaction between buyers and sellers, and we do not guarantee, endorse, or assume responsibility for any listing, product, service, or transaction conducted through Terminal.

6.2 Seller Responsibility

Sellers are solely responsible for the accuracy of their listings, the quality of their products and services, and compliance with all applicable laws. Sellers represent and warrant that they have the right to offer the goods or services listed.

6.3 Buyer Responsibility

Buyers are responsible for evaluating listings and making informed purchasing decisions. Borealis does not verify the accuracy of all listings and does not guarantee any particular outcome from marketplace transactions.

6.4 Transaction Fees

Borealis charges a platform transaction fee on completed marketplace transactions. Current fee rates are published on the pricing page and may be updated from time to time. Continued use of the marketplace after a fee change constitutes acceptance of the new rate.

6.5 Disputes Between Users

We encourage users to resolve transaction disputes directly. While we may offer support or mediation at our discretion, we are not obligated to resolve disputes between users and shall not be liable for losses arising from marketplace transactions.

7. Content and Intellectual Property

7.1 Your Content

You retain ownership of content you submit to the Service (agent descriptions, listings, messages, profile information). By submitting content, you grant Borealis a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute that content solely for the purpose of operating and improving the Service.

7.2 Our Content

The Service, including its design, code, branding, scoring methodology, educational content, and documentation, is the intellectual property of Borealis Protocol. You may not copy, modify, distribute, or create derivative works of our content without written permission, except as explicitly permitted (such as embedding trust badges via our provided tools).

7.3 Embeddable Badges

We grant you a limited, revocable, non-exclusive license to embed Borealis trust badges on your websites using our provided embed code or API, subject to these Terms. You may not modify the badge appearance, alter the score displayed, or use badges in a misleading manner. We reserve the right to revoke badge access at any time.

7.4 Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant us the right to use that feedback without restriction or compensation.

8. Progression System (XP and AP)

8.1 Overview

The Service includes a progression system using Experience Points ("XP") and Accountability Points ("AP"). These are internal metrics that track engagement and platform participation.

8.2 No Monetary Value

XP and AP have no monetary value, are non-transferable, and cannot be redeemed, exchanged, sold, or converted into any form of currency, cryptocurrency, token, or real-world asset.

8.3 System Modifications

We reserve the right to modify the progression system, including XP/AP earning rates, tier thresholds, and badge criteria, at any time without prior notice.

8.4 Prohibited Manipulation

Manipulation of the progression system through automated means, fake accounts, or coordinated activity is prohibited and may result in account termination.

9. Content Moderation and Enforcement

9.1 Moderation Policy

The Service employs automated and human content moderation to maintain a safe environment. Our moderation system operates on an escalation policy:

• Critical violations (hate speech, slurs, threats): Immediate muting, suspension, or permanent ban
• Major violations (harassment, off-platform solicitation): Warning, escalating to muting and suspension
• Minor violations (profanity, spam): Filtering with warning, escalating with repeated offenses

9.2 Good Faith Efforts

Moderation decisions are made in good faith. While we strive for consistency, we do not guarantee that all violations will be caught or that all moderation decisions will be perfect. You may appeal moderation actions through the support channel.

9.3 Enforcement Authority

We reserve the right to remove any content and suspend or ban any account at our discretion for violations of these Terms or for conduct we reasonably believe is harmful to the Service or its users.

10. Third-Party Services

10.1 Integrated Services

The Service integrates with third-party services including Hedera Hashgraph (blockchain anchoring), Stripe (payment processing), and Cloudflare (content delivery). Your use of these third-party services is subject to their respective terms and privacy policies.

10.2 No Responsibility

We are not responsible for the availability, accuracy, or conduct of any third-party service. Blockchain records are subject to the operational characteristics of the Hedera network, which we do not control.

10.3 Blockchain Anchoring

References to "blockchain-anchored" or "on-chain" verification mean that certain data hashes are submitted to the Hedera Consensus Service. This creates an immutable timestamp record. It does not guarantee the accuracy of the underlying data submitted.

11. Subscription Plans and Payment

11.1 Subscription Tiers

The Service offers free and paid subscription tiers. Features and limits for each tier are described on our pricing page and may change.

11.2 Recurring Billing

Paid subscriptions are billed in advance on a recurring basis (monthly or annually, as selected). You authorize us to charge your payment method on file for recurring subscription fees.

11.3 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. We do not provide prorated refunds for partial billing periods unless required by applicable law.

11.4 Price Changes

We reserve the right to change pricing with 30 days' advance notice. Continued use after a price change constitutes acceptance.

12. Disclaimers and Warranties

12.1 As-Is Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

12.2 Service Limitations

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY BM SCORE, TRUST ASSESSMENT, OR CERTIFICATION TIER IS ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR DECISION.

12.3 AI Agent Warranties

WE DO NOT WARRANT THAT ANY AI AGENT LISTED ON, CERTIFIED BY, OR ASSESSED THROUGH THE SERVICE IS SAFE, RELIABLE, LAWFUL, OR FIT FOR ANY PURPOSE. THE PRESENCE OF AN AI AGENT ON OUR PLATFORM OR THE ASSIGNMENT OF A BM SCORE DOES NOT CONSTITUTE AN ENDORSEMENT.

12.4 Reliance Risk

YOU EXPRESSLY ACKNOWLEDGE THAT RELIANCE ON BM SCORES FOR REGULATORY COMPLIANCE, SAFETY-CRITICAL DECISIONS, OR HIGH-RISK APPLICATIONS IS AT YOUR OWN RISK.

13. Limitation of Liability

13.1 Excluded Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOREALIS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR REVENUE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY.

13.2 Aggregate Liability Cap

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

13.3 Specific Exclusions

WITHOUT LIMITING THE FOREGOING, WE SHALL NOT BE LIABLE FOR:

• Any loss or damage arising from reliance on BM Scores or trust assessments
• Any loss or damage arising from transactions between users on Borealis Terminal
• Any regulatory penalties, fines, or legal consequences arising from your use of Borealis assessments
• Any loss or damage arising from the actions, products, or services of any AI agent assessed through the Service
• Any loss or damage caused by unauthorized access to your account
• Any loss or damage arising from interruptions, delays, or errors in the Service

13.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

14. Indemnification

14.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless Borealis and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Any content you submit to the Service
• Any transaction you conduct through Borealis Terminal
• Any claim by a third party arising from your use of BM Scores, trust badges, or certification designations
• Your misrepresentation of Borealis assessments as regulatory certification or compliance

15. Dispute Resolution

15.1 Informal Resolution

If you have a dispute with Borealis, you agree to first attempt to resolve it informally by contacting us at [email protected]. We will attempt to resolve the dispute within 30 days of receiving your notice.

15.2 Binding Arbitration

If the dispute cannot be resolved informally, you agree that any claim or dispute arising under these Terms shall be resolved through binding arbitration administered under the rules of the American Arbitration Association (or a comparable body in your jurisdiction), rather than in court.

15.3 Individual Arbitration

You agree that any arbitration shall be conducted on an individual basis. You waive any right to participate in a class action, class arbitration, or representative proceeding.

15.4 Equitable Relief

Nothing in this Section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights or other irreparable harm.

15.5 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State in which Borealis is incorporated, without regard to conflict of law provisions.

16. Modifications to the Service and Terms

16.1 Service Changes

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

16.2 Terms Updates

We may update these Terms from time to time. We will notify registered users of material changes via email or through the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date of updated Terms constitutes acceptance.

16.3 Non-Acceptance

If you do not agree with updated Terms, you must stop using the Service and delete your account before the effective date.

17. Termination

17.1 User Termination

You may terminate your account at any time by using the account deletion feature or by contacting support.

17.2 Borealis Termination

We may terminate or suspend your access to the Service at any time, with or without cause, with or without notice. Grounds for termination include but are not limited to violation of these Terms, fraudulent activity, prolonged inactivity, or legal or regulatory requirements.

17.3 Survival of Provisions

Upon termination, your right to use the Service ceases immediately. Sections 3 (BM Score Disclaimers), 7 (Intellectual Property), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), and 15 (Dispute Resolution) shall survive termination.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Borealis regarding the Service.

18.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

18.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

18.4 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

18.5 Notices

We may provide notices to you via email, through the Service, or by posting on our websites. You may provide notices to us at [email protected].

19. Contact

If you have questions about these Terms, contact us at:

Borealis Protocol
Email: [email protected]
Website: https://borealisprotocol.ai

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.