Terms of Service

Last updated: February 22, 2026

1. Acceptance of Terms

By accessing or using BlinkOS ("the Service") at blinkos.ai, you ("you" or "User") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional terms referenced herein. If you do not agree to these Terms, do not access or use the Service.

These Terms constitute a legally binding agreement between you and BlinkOS, a company operating under the laws of British Columbia, Canada ("BlinkOS," "we," "our," or "us").

2. Modifications to Terms

We reserve the right to modify these Terms at any time. For material changes, we will provide at least thirty (30) days' prior notice via email to the address associated with your account and/or by posting a prominent notice on the Service.

Your continued use of the Service after the effective date of any modification constitutes acceptance of the modified Terms. If you do not agree with a modification, you must stop using the Service and cancel your subscription before the change takes effect.

3. Eligibility and Account Registration

3.1 Age Requirements

You must be at least 18 years of age to use the Service. Users aged 16 or 17 may use the Service only with verified parental or legal guardian consent. The Service is not available to anyone under the age of 16. By using the Service, you represent and warrant that you meet these age requirements.

3.2 Account Registration

To use the Service, you must:

Provide accurate, current, and complete registration information
Maintain and promptly update your account information
Maintain the confidentiality and security of your account credentials
Promptly notify us of any unauthorized access to or use of your account
Accept these Terms and our Privacy Policy

You are solely responsible for all activities that occur under your account, whether or not you have authorized such activities. We are not liable for any loss or damage arising from unauthorized use of your account.

3.3 Account Inactivity

If your account remains inactive (no login or API activity) for a period of twelve (12) consecutive months, we may, at our discretion, deactivate your account and delete associated data after providing thirty (30) days' notice to your registered email address. It is your responsibility to maintain an active account if you wish to preserve your data.

4. Electronic Communications Consent

By creating an account or using the Service, you consent to receive electronic communications from us, including:

Account notifications and security alerts
Billing and payment confirmations
Service updates, changes, and maintenance notices
Notices regarding changes to these Terms or our Privacy Policy
Responses to your inquiries and support requests

You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You may withdraw this consent by closing your account, but doing so may prevent you from using the Service.

5. Description of Service

BlinkOS is an AI assistant platform that provides:

Personal AI assistant functionality powered by various third-party AI providers
Persistent memory and context across conversations
Multi-provider AI model access (including Claude, GPT, Gemini, and others)
Isolated workspace environment for each user (dedicated Fly.io VMs)
Tools for web browsing, file management, calendar integration, email integration, and task automation
Scheduled tasks, automations, and AI agent workflows
Bring Your Own Key (BYOK) functionality for third-party AI providers

6. Subscription Plans, Payment, and Pricing

6.1 Plans

We offer the following subscription tiers:

BYOK ($50/month): Full platform access with your own API keys
Pro ($99/month): Includes $49/month in AI credits
Max ($170/month): Includes $120/month in AI credits

6.2 Billing

Subscriptions are billed monthly in advance
All prices are in US Dollars (USD) unless otherwise stated
Payments are processed securely through Stripe
You authorize us to charge your payment method on a recurring basis until you cancel

6.3 Pricing Changes

We reserve the right to modify our pricing at any time. For existing subscribers, pricing changes will take effect no sooner than thirty (30) days after we provide notice via email to your registered address. Your continued use of the Service after a pricing change takes effect constitutes acceptance of the new pricing. If you do not agree, you may cancel your subscription before the new pricing applies.

6.4 Cancellation

You may cancel your subscription at any time through your account settings
Cancellation takes effect at the end of the current billing period
No refunds are provided for partial billing periods
Unused AI credits do not roll over and expire at the end of each billing period

6.5 Refunds

Refunds are provided at our sole discretion. We may offer refunds for:

Service unavailability exceeding 24 consecutive hours
Billing errors on our part
First-time subscribers within 7 days of initial purchase (one-time courtesy)

7. Acceptable Use

You agree NOT to use the Service to:

Generate illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable content
Harass, threaten, stalk, or harm any person
Generate content that exploits or endangers minors in any way
Infringe on any intellectual property rights, including copyrights, trademarks, and patents
Spread malware, viruses, ransomware, or other malicious code
Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks
Circumvent, disable, or interfere with usage limits, billing mechanisms, or security features
Resell, sublicense, or redistribute the Service or access thereto without prior written authorization
Use automated systems (bots, scrapers, etc.) to abuse or overload the Service
Generate spam, phishing content, or deceptive material
Impersonate any person or entity, or falsely represent your affiliation
Violate any applicable local, provincial, national, or international law or regulation

We reserve the right to investigate, suspend, or terminate accounts that violate these terms, with or without notice, at our sole discretion.

8. AI-Generated Content

8.1 Nature of AI Responses

AI responses are generated by third-party AI models and may be inaccurate, incomplete, misleading, biased, or inappropriate
BlinkOS does not guarantee the accuracy, reliability, completeness, timeliness, or suitability of any AI-generated output
AI-generated content should not be relied upon as professional advice of any kind
You must independently verify all important information before acting on it

8.2 No Professional Advice

AI outputs provided through the Service do NOT constitute and must NOT be relied upon as:

Medical, health, psychiatric, or therapeutic advice
Legal advice, legal opinions, or legal representation
Financial, investment, accounting, or tax advice
Engineering, architectural, or safety-critical advice
Professional advice of any other kind

You are solely responsible for reviewing and verifying any AI-generated output before acting on it. Always consult qualified professionals for important decisions.

8.3 Automated Actions

The Service may include automations, scheduled tasks, and AI agent actions that execute without real-time human review. You acknowledge and accept that:

Automated actions (including scheduled tasks, agent workflows, and triggered automations) execute on your behalf without manual review of each action
You accept full responsibility for all automated actions configured under your account, including their consequences
BlinkOS is not liable for any consequences of automated actions, including but not limited to messages sent, files modified, data deleted, purchases made, or external services invoked
You should regularly review and monitor your automated actions and configurations

8.4 Content Ownership

You retain ownership of content you input into the Service
AI-generated responses are provided for your use, subject to applicable third-party AI provider terms
We do not claim ownership of your conversations, files, or data
You grant us a limited, non-exclusive license to process your content solely for the purpose of providing and improving the Service

8.5 Content Responsibility

You are solely responsible for:

The prompts, instructions, and content you provide to the AI
How you use, distribute, or publish AI-generated content
Ensuring your use of AI-generated content complies with all applicable laws
Any consequences arising from your reliance on AI-generated content

9. API Keys & Bring Your Own Key (BYOK)

If you provide your own API keys ("BYOK"):

9.1 Key Management & Security

You are responsible for managing, securing, and rotating your API keys
We store your keys encrypted (AES-256-GCM) but cannot prevent misuse if your keys are compromised through means outside our control
Usage charges from AI providers are billed directly to your provider accounts — BlinkOS does not control, monitor, or assume responsibility for these charges

9.2 Third-Party Provider Compliance

You are solely responsible for ensuring your use of third-party API keys complies with that provider's terms of service, acceptable use policies, and rate limits
BlinkOS does not monitor or control how AI providers (including but not limited to Anthropic, OpenAI, Google, and others) enforce their policies
You acknowledge that actions taken through BlinkOS using your API keys are attributed to your provider account

9.3 Provider Account Consequences

BlinkOS is NOT responsible if your use of our platform causes your AI provider to suspend, terminate, ban, rate-limit, or otherwise restrict your account. This includes but is not limited to:

Account suspension or termination by your AI provider
Rate limiting or throttling applied by the provider
Billing disputes between you and your AI provider
Changes to provider terms that affect your ability to use their services through BlinkOS
Any financial losses resulting from provider actions on your account

9.4 BYOK Data Flow

When using BYOK, your conversation data passes through third-party AI providers and is subject to their respective privacy policies and data handling practices. BlinkOS does not control how these providers process, store, or use data sent via your API keys.

10. Data, Privacy & Personal Information

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your data.

10.1 Data Storage

Your data is stored in isolated environments (dedicated VMs per user)
You can export or delete your data at any time
We do not sell your personal data

10.2 Your Responsibility for Personal Information

You are responsible for what personal information you choose to share with the AI through your conversations and inputs
You acknowledge the inherent risks of sharing personal, sensitive, or confidential information with AI systems
For BYOK users: your data passes through third-party AI providers subject to their own privacy policies — review those policies before sharing sensitive information
Do not share information subject to professional privilege (attorney-client, doctor-patient) unless you understand and accept the risks

10.3 Security Limitations

While we implement reasonable security measures (encryption in transit and at rest, isolated environments, access controls), no system is 100% secure
We cannot guarantee that data breaches, unauthorized access, or security incidents will never occur
In the event of a security incident, we will follow applicable breach notification requirements

11. Service Availability

We strive for high availability but do not guarantee uninterrupted, error-free, or secure service
We may perform scheduled or emergency maintenance with or without advance notice
Third-party AI providers and infrastructure partners may experience outages beyond our control
We are not liable for any losses, damages, or inconvenience due to service interruptions, regardless of cause

12. Beta and Experimental Services

From time to time, we may offer features, tools, or services designated as "beta," "preview," "experimental," or similar ("Beta Services"). By using Beta Services, you acknowledge and agree that:

Beta Services are provided "as is" without any warranty, and may contain bugs, errors, or incomplete functionality
Beta Services may be modified, suspended, or discontinued at any time without notice
Data created or stored in Beta Services may be lost or deleted without notice
We make no guarantees regarding the availability, performance, or reliability of Beta Services
Your use of Beta Services is at your sole risk, and the limitation of liability provisions in these Terms apply with full force

13. Intellectual Property

The Service, including its software, design, code, documentation, branding, logos, and all associated intellectual property, is owned by or licensed to BlinkOS and is protected by applicable copyright, trademark, patent, and other intellectual property laws
You may not copy, modify, distribute, sell, lease, reverse engineer, decompile, or create derivative works of the Service or any part thereof
BlinkOS™ and associated logos and marks are trademarks of BlinkOS. You may not use them without prior written consent
You retain all rights to your own content, subject to the limited license granted herein

14. Feedback and Suggestions

If you provide us with any feedback, suggestions, ideas, improvements, or other input regarding the Service ("Feedback"), you hereby grant us a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable, and transferable license to use, reproduce, modify, adapt, publish, distribute, and otherwise exploit such Feedback for any purpose, without compensation, attribution, or obligation to you. You represent that you have the right to provide such Feedback and that it does not infringe any third-party rights.

15. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF:

MERCHANTABILITY — fitness for general commercial use
FITNESS FOR A PARTICULAR PURPOSE — suitability for your specific needs
TITLE — that the Service is free from claims of ownership by third parties
NON-INFRINGEMENT — that the Service does not infringe any intellectual property rights
ACCURACY OF AI OUTPUT — that AI-generated content will be accurate, complete, reliable, current, or error-free
UNINTERRUPTED SERVICE — that the Service will be available without interruption, delay, or error
SECURITY — that the Service or its servers are free of viruses, malware, or harmful components
DATA INTEGRITY — that your data will not be lost, corrupted, or compromised

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BLINKOS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

15.1 No Warranty on Third-Party Services

THE SERVICE INTEGRATES WITH AND RELIES UPON THIRD-PARTY SERVICES INCLUDING, BUT NOT LIMITED TO, AI PROVIDERS (ANTHROPIC, OPENAI, GOOGLE), PAYMENT PROCESSORS (STRIPE), INFRASTRUCTURE PROVIDERS (FLY.IO, CLOUDFLARE, HETZNER), AND AUTHENTICATION PROVIDERS (GOOGLE, APPLE). WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE AVAILABILITY, ACCURACY, RELIABILITY, SECURITY, OR PERFORMANCE OF ANY THIRD-PARTY SERVICE. YOUR USE OF THIRD-PARTY SERVICES THROUGH BLINKOS IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND POLICIES OF THOSE THIRD PARTIES.

16. Limitation of Liability

16.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLINKOS, ITS OWNER, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

Loss, unauthorized access, or disclosure of personal information you provide to or through the Service
Loss of data, including conversation history, files, memory, configurations, or any other stored information
Financial losses arising from AI-generated content, advice, recommendations, or automated actions
Damages from service interruptions, errors, bugs, downtime, or security breaches
Actions taken by AI agents on your behalf, including automations, scheduled tasks, messages sent, or external services invoked
Third-party provider actions including account bans, suspensions, rate limits, or billing disputes
Any negative outcomes from relying on AI-generated content for any purpose
Loss of profits, revenue, business opportunities, goodwill, or anticipated savings
Cost of procurement of substitute goods or services

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF BLINKOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2 Liability Cap

OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO BLINKOS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU HAVE NOT PAID ANY AMOUNTS, OUR MAXIMUM LIABILITY SHALL BE FIFTY US DOLLARS ($50 USD).

16.3 Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY IN THIS SECTION AND ELSEWHERE IN THESE TERMS ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN YOU AND BLINKOS, REFLECT A REASONABLE ALLOCATION OF RISK, AND THAT BLINKOS WOULD NOT PROVIDE THE SERVICE TO YOU WITHOUT THESE LIMITATIONS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

17. Indemnification

You agree to defend, indemnify, and hold harmless BlinkOS, its owners, and any affiliates, agents, contractors, licensors, and suppliers from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or related to:

Your use of or access to the Service
Your violation of these Terms or any applicable law or regulation
Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
Content you generate, input, share, or distribute using the Service
Actions taken by AI agents, automations, or scheduled tasks configured under your account
Your use of third-party API keys through the Service (BYOK)
Any dispute between you and a third party relating to the Service

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without our prior written consent.

18. Termination

18.1 Termination by Us

We may suspend or terminate your account and access to the Service immediately, with or without notice, if you:

Violate these Terms or any applicable law
Engage in fraudulent, abusive, or illegal activity
Fail to pay applicable fees when due
Abuse the Service, its infrastructure, or its users
Pose a security risk to the Service or other users

18.2 Termination by You

You may terminate your account at any time by canceling your subscription and requesting account deletion through your account settings or by contacting [email protected].

18.3 Effect of Termination

Upon termination:

Your right to access and use the Service ceases immediately
We may delete your data after thirty (30) days following termination
You remain liable for any fees incurred prior to termination
No refunds will be provided for any prepaid but unused subscription period, except as required by law

19. Dispute Resolution

19.1 Governing Law

These Terms and any dispute arising out of or related to them or the Service shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

19.2 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved by binding arbitration administered in Vancouver, British Columbia, Canada, in accordance with the British Columbia International Commercial Arbitration Centre (BCICAC) rules then in effect, or such other recognized arbitration body as the parties may agree. The arbitration shall be conducted by a single arbitrator. The language of arbitration shall be English.

The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs, and the parties shall share equally the fees of the arbitrator.

19.3 Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court in British Columbia for disputes within the jurisdictional limits of that court, provided the action remains in small claims court and is not removed or transferred to a court of general jurisdiction.

19.4 Class Action Waiver

YOU AND BLINKOS MUTUALLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

By agreeing to these Terms, both you and BlinkOS waive the right to participate in a class action, collective action, private attorney general action, or any other representative proceeding in any forum. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding. If this class action waiver is found to be unenforceable, then the entirety of the arbitration agreement in Section 19.2 shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect.

19.5 Jurisdiction

For any matters not subject to arbitration (including enforcement of an arbitral award), you irrevocably submit to the exclusive jurisdiction of the courts of British Columbia, Canada, sitting in Vancouver, and waive any objection to venue or inconvenient forum.

20. Export Compliance

You represent and warrant that you are not located in, under the control of, or a national or resident of any country to which Canada, the United States, or the European Union has imposed export sanctions or trade restrictions. You agree to comply with all applicable export and re-export control laws and regulations, including the Canadian Export and Import Permits Act, US Export Administration Regulations (EAR), and any applicable sanctions programs. You may not use the Service if doing so would violate any such laws or regulations.

21. Force Majeure

BlinkOS shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, epidemics or pandemics, war, terrorism, riots, government actions or orders, embargoes, sanctions, labor disputes, strikes, fire, flood, power outages, internet or telecommunications failures, cyberattacks, third-party service provider failures, or any other force majeure event. During such events, our obligations shall be suspended for the duration of the event.

22. General Provisions

22.1 Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published on the Service, constitute the entire agreement between you and BlinkOS concerning the Service and supersede all prior agreements, representations, and understandings.

22.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

22.3 Waiver

The failure of BlinkOS to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver must be in writing and signed by BlinkOS to be effective.

22.4 Assignment

You may not assign, transfer, or sublicense these Terms or any rights hereunder without our prior written consent. BlinkOS may assign, transfer, or delegate these Terms and any rights and obligations hereunder without restriction, including in connection with a merger, acquisition, sale of assets, reorganization, or by operation of law. Any purported assignment in violation of this section is void.

22.5 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights. No person or entity other than the parties to these Terms shall have any right to enforce any provision hereof.

22.6 Survival

The following sections shall survive any termination or expiration of these Terms: Intellectual Property (Section 13), Feedback and Suggestions (Section 14), Disclaimer of Warranties (Section 15), Limitation of Liability (Section 16), Indemnification (Section 17), Dispute Resolution (Section 19), Export Compliance (Section 20), and this General Provisions section (Section 22).

22.7 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

22.8 Notices

All notices to BlinkOS must be sent to [email protected]. Notices to you will be sent to the email address associated with your account.

23. Contact Us

For questions about these Terms of Service, please contact us at:

Legal inquiries: [email protected]
General support: [email protected]