Effective Date: February 13, 2026
| ⚠ IMPORTANT: PLEASE READ THESE TERMS CAREFULLY These Terms and Conditions (“Terms”) constitute a legally binding agreement between you and Mountain Theory, Inc. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not access or use the Service. These Terms include an arbitration clause and class action waiver in Section 16 that affect your legal rights. |
1. Definitions
The following definitions apply throughout these Terms:
- “Service” means the Mountain Theory Secure AI Gateway, including all associated APIs, integrations, tools, dashboards, documentation, and related features provided by Mountain Theory.
- “User,” “you,” or “your” means any individual or entity that accesses or uses the Service, including account holders and authorized users within an organization.
- “Mountain Theory,” “we,” “us,” or “our” means Mountain Theory, Inc., a Wyoming C-Corporation.
- “Account” means the user account you create to access and use the Service.
- “Content” means any data, text, code, configurations, security policies, or other materials that you submit, upload, or transmit through the Service.
- “AI Infrastructure Defense™” means Mountain Theory’s patent-pending technology for securing AI reasoning processes, including the Guardian AI, Adjudicator AI, and Policy AI components.
- “Subscription Plan” means the tier of Service you have selected, including Free, Developer, Team, or Enterprise plans, each with specified features and limitations.
- “Third-Party Platforms” means external workflow automation and development tools that integrate with the Service, including but not limited to n8n, Zapier, Make.com, and similar platforms.
- “Security Telemetry” means anonymized threat signatures, behavioral patterns, and security event metadata generated by the Service in the course of providing AI Infrastructure Defense.
2. Acceptance of Terms
2.1 Agreement to Terms
By creating an Account, accessing the Service, or clicking “I Agree” (or similar affirmation), you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy (available at mountaintheory.ai/privacy), and any additional terms applicable to your Subscription Plan.
2.2 Authority to Bind
If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. In such cases, “you” and “your” refer to both you individually and the organization.
2.3 Modifications to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our Website with a revised effective date and, for paid subscribers, by sending an email notification at least thirty (30) days prior to the changes taking effect. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of the Service.
3. Account Registration and Security
3.1 Account Creation
To use the Service, you must create an Account by providing accurate, complete, and current information. You agree to update your Account information promptly if it changes.
3.2 Account Security
You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to notify us immediately at legal@mountaintheory.ai if you suspect unauthorized access to your Account.
3.3 Account Restrictions
You must be at least 16 years of age (or the age of majority in your jurisdiction, whichever is greater) to create an Account. Each individual may maintain only one free-tier Account. We reserve the right to refuse registration or cancel Accounts at our discretion.
3.4 API Keys and Credentials
You are solely responsible for the security and proper use of any API keys, tokens, or credentials issued to you in connection with the Service. You must not share API keys with unauthorized parties. Any actions taken using your API keys are your responsibility.
4. Service Description
4.1 Secure AI Gateway
The Service provides AI Infrastructure Defense technology that operates within AI reasoning processes to protect against security threats including prompt injection, unauthorized data access, confabulation-driven errors, and unintended destructive actions. The Service integrates with Third-Party Platforms to intercept, analyze, and secure AI-to-AI and human-to-AI interactions in real time.
4.2 Core Components
The Service utilizes a patent-pending three-AI architecture:
- Guardian AI: An inline security gateway that intercepts AI requests and responses, performing real-time pattern matching and threat detection with a target response time of less than 200 milliseconds.
- Adjudicator AI: A cloud-based decision engine that evaluates novel or ambiguous behaviors escalated by the Guardian AI and updates security rules accordingly.
- Policy AI: A rule generation system that converts natural-language security policies into machine-enforceable security tokens consumed by the Guardian and Adjudicator components.
4.3 Data Processing Architecture
The Service is architected so that your raw AI prompts, responses, source code, and business data are processed locally whenever possible and are not transmitted to Mountain Theory servers. Only anonymized Security Telemetry (threat signatures and metadata with all PII/PHI stripped) is transmitted to our cloud infrastructure for global model improvement. This architectural commitment is fundamental to the Service and is detailed in our Privacy Policy.
4.4 Service Availability
We use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week. However, the Service may be subject to scheduled and unscheduled downtime for maintenance, updates, or circumstances beyond our control. We will use reasonable efforts to provide advance notice of scheduled maintenance. Specific uptime commitments, if any, are set forth in the Service Level Agreement applicable to your Subscription Plan.
5. Subscription Plans and Fees
5.1 Plan Tiers
The Service is offered under the following Subscription Plans, subject to change with notice. Such tiers include a Free tier, limited by a certain number of requests allowed per month, and various levels of paid tiers, with different numbers of requests allowed per month or access to different types of features within the Service. See your Subscription Plan for further details.
5.2 Billing and Payment
Paid Subscription Plans are billed in advance on a monthly or annual basis as selected at the time of purchase. All fees are stated in U.S. dollars and are non-refundable except as expressly stated in these Terms or required by applicable law. Payment is processed by our third-party payment provider; by subscribing, you authorize recurring charges to your designated payment method.
5.3 Free Tier Limitations
The Free tier is provided at no cost and is subject to usage limitations, including a maximum of 100 API calls per month. Mountain Theory reserves the right to modify or discontinue the Free tier at any time with thirty (30) days’ notice. Free-tier users are not entitled to Service Level Agreements or priority support.
5.4 Price Changes
We may adjust pricing for paid Subscription Plans with at least thirty (30) days’ written notice. Price changes take effect at the beginning of your next billing cycle following the notice period. If you do not agree to a price change, you may cancel your subscription before the new pricing takes effect.
5.5 Taxes
All fees are exclusive of applicable taxes, duties, and levies. You are responsible for paying all taxes associated with your use of the Service, excluding taxes based on Mountain Theory’s net income.
6. Free Trials
Certain paid Subscription Plans may include a free trial period as indicated in the plan description. During the trial, you will have access to the full features of the selected plan. Unless you cancel before the trial period ends, your subscription will automatically convert to a paid subscription at the end of the trial, and your payment method will be charged the applicable fee. You may cancel a trial at any time through your Account settings.
7. Acceptable Use
7.1 Permitted Use
You may use the Service solely for lawful purposes and in accordance with these Terms, your Subscription Plan, and all applicable laws and regulations. The Service is intended for use by software developers and organizations to secure AI workflows and integrations.
7.2 Prohibited Conduct
You agree not to:
- Use the Service to facilitate, enable, or conceal any illegal activity.
- Attempt to gain unauthorized access to the Service, other users’ Accounts, or any systems or networks connected to the Service.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Service, except to the extent expressly permitted by applicable law.
- Use the Service to develop a competing product or service, or to benchmark the Service for competitive purposes without our prior written consent.
- Circumvent, disable, or interfere with any security, rate-limiting, or access-control features of the Service.
- Use automated means (bots, scrapers, or similar) to access the Service in a manner that exceeds reasonable use or violates our API rate limits.
- Transmit any viruses, malware, or other harmful code through the Service.
- Sublicense, resell, or redistribute the Service or any portion thereof without prior written authorization.
- Use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other user’s use.
- Misrepresent your identity or affiliation when registering for or using the Service.
7.3 Enforcement
We reserve the right to investigate suspected violations of these Terms and to take appropriate action, including suspending or terminating your Account, removing Content, and reporting violations to law enforcement authorities.
8. Intellectual Property
8.1 Mountain Theory’s Intellectual Property
The Service, including all software, algorithms, AI models, documentation, trademarks (including “Mountain Theory,” “AI Infrastructure Defense,” and associated logos), trade secrets, and patent-pending technology, is the exclusive property of Mountain Theory or its licensors. These Terms do not grant you any ownership interest in the Service. All rights not expressly granted are reserved by Mountain Theory.
8.2 Patent-Pending Technology
The AI Infrastructure Defense technology, including the three-AI architecture (Guardian AI, Adjudicator AI, and Policy AI), is the subject of pending patent applications. Unauthorized use, reproduction, or creation of derivative works based on Mountain Theory’s patent-pending technology is strictly prohibited.
8.3 Your Content
You retain all rights in and to any Content you submit to or through the Service. By using the Service, you grant Mountain Theory a limited, non-exclusive, worldwide, royalty-free license to process your Content solely as necessary to provide the Service.
8.4 Security Telemetry License
You grant Mountain Theory a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license to use, aggregate, and analyze anonymized Security Telemetry generated by the Service for the purpose of improving threat detection, enhancing the Service, and advancing AI security research. This telemetry contains no personally identifiable information and cannot be traced back to you or your organization.
8.5 Feedback
If you provide suggestions, ideas, or feedback regarding the Service (“Feedback”), you grant Mountain Theory an unrestricted, perpetual, irrevocable, royalty-free license to use and incorporate such Feedback into the Service without obligation to you.
9. Third-Party Integrations
9.1 Third-Party Platforms
The Service is designed to integrate with Third-Party Platforms such as n8n, Zapier, Make.com, and other workflow automation and development tools, as well as other artificial intelligence, machine learning, or related technologies or platforms. Your use of any Third-Party Platform is governed by that platform’s own terms of service and privacy policy. Mountain Theory is not responsible for the availability, functionality, or practices of Third-Party Platforms.
9.2 Integration Credentials
When you connect the Service to a Third-Party Platform, you may be required to provide API keys, tokens, or other credentials. You are responsible for ensuring that your use of these credentials complies with the applicable Third-Party Platform’s terms of service. Mountain Theory encrypts and stores integration credentials securely but is not liable for any loss or damage resulting from your sharing of credentials.
9.3 No Endorsement
Integration with a Third-Party Platform does not constitute an endorsement, partnership, or guarantee by Mountain Theory. We do not warrant the security, reliability, or accuracy of any Third-Party Platform.
10. Data Ownership and Processing
10.1 Your Data
You retain full ownership of all data you process through the Service, including AI prompts, responses, source code, and business data (“Your Data”). Mountain Theory does not claim any ownership interest in Your Data.
10.2 Data Processing Agreement
For users subject to GDPR or other data protection regulations requiring a Data Processing Agreement (DPA), Mountain Theory will enter into a DPA upon request. Contact legal@mountaintheory.ai to request a DPA.
10.3 Data Portability
You may export your configuration data, security policies, and audit logs from the Service at any time through your Account settings or via our API. Upon account termination, we will make your exportable data available for a period of thirty (30) days, after which it will be permanently deleted.
11. Confidentiality
Each party acknowledges that in the course of using the Service, it may receive information that is confidential to the other party (“Confidential Information”). Confidential Information includes, but is not limited to, proprietary technology, business strategies, security policies, and non-public product information. Each party agrees to protect the other’s Confidential Information using the same degree of care it uses to protect its own confidential information (but in no event less than reasonable care), and not to disclose it to third parties except as required by law or with the disclosing party’s prior written consent.
12. Warranties and Disclaimers
12.1 Mountain Theory Warranties
Mountain Theory warrants that:
- The Service will perform materially in accordance with the applicable documentation.
- We will provide the Service using commercially reasonable skill and care.
- We have the right to offer the Service and grant the rights described in these Terms.
- The Service will comply with applicable data protection laws in relation to our processing of personal data.
12.2 Disclaimers
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 12.1, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. MOUNTAIN THEORY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Without limiting the foregoing, Mountain Theory does not warrant that:
- The Service will be uninterrupted, error-free, or completely secure.
- The Service will detect or prevent all security threats, vulnerabilities, or AI-related risks.
- The Service will be compatible with all Third-Party Platforms or configurations.
- Any defects in the Service will be corrected within a specific timeframe.
12.3 No Security Guarantee
While the Service is designed to enhance the security of AI workflows, no security solution can guarantee absolute protection against all threats. The Service reduces risk but does not eliminate it. You acknowledge that you are responsible for maintaining appropriate security practices and that the Service is one component of a comprehensive security strategy.
13. Limitation of Liability
13.1 Exclusion of Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOUNTAIN THEORY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF MOUNTAIN THEORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2 Aggregate Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOUNTAIN THEORY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO MOUNTAIN THEORY DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
13.3 Essential Basis
The limitations and exclusions of liability in this Section 13 form an essential basis of the bargain between you and Mountain Theory, and apply regardless of whether the remedy fails of its essential purpose.
13.4 Jurisdictional Variations
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, Mountain Theory’s liability shall be limited to the maximum extent permitted by applicable law.
14. Indemnification
You agree to indemnify, defend, and hold harmless Mountain Theory, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:
- Your use of the Service in violation of these Terms.
- Your Content or any data you process through the Service.
- Your violation of any applicable law, regulation, or third-party right.
- Your negligent or wrongful acts or omissions.
Mountain Theory will provide you with prompt written notice of any claim subject to indemnification and will cooperate with you in the defense of such claim. You shall not settle any claim without Mountain Theory’s prior written consent.
15. Term and Termination
15.1 Term
These Terms are effective from the date you first access or use the Service and continue until terminated in accordance with this Section 15.
15.2 Termination by You
You may terminate your Account and these Terms at any time by canceling your subscription through your Account settings and ceasing all use of the Service. If you terminate a paid subscription mid-cycle, you will not receive a prorated refund for the remainder of the billing period unless required by applicable law.
15.3 Termination by Mountain Theory
Mountain Theory may suspend or terminate your access to the Service, in whole or in part, at any time and for any reason, including but not limited to:
- Violation of these Terms or applicable law.
- Engagement in prohibited conduct as described in Section 7.
- Non-payment of applicable fees after notice and a reasonable cure period.
- Extended inactivity (no login or API calls for 12 consecutive months for free-tier Accounts).
- Discontinuation of the Service or any material feature thereof.
Where practicable, Mountain Theory will provide reasonable advance notice of termination, except in cases of material breach or where immediate action is necessary to protect the Service or other users.
15.4 Effect of Termination
Upon termination:
- Your right to access and use the Service will cease immediately.
- You will have thirty (30) days to export your configuration data, security policies, and audit logs.
- Mountain Theory will delete your Account data within ninety (90) days of termination, except as required by law or for legitimate business purposes (e.g., fraud prevention, legal compliance).
- Anonymized Security Telemetry generated prior to termination may be retained indefinitely, as it contains no personally identifiable information.
- Sections that by their nature should survive termination will survive, including Sections 8 (Intellectual Property), 11 (Confidentiality), 12 (Warranties and Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 16 (Dispute Resolution), and 17 (General Provisions).
16. Dispute Resolution
16.1 Informal Resolution
Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@mountaintheory.ai and attempt to resolve the dispute informally for a period of at least sixty (60) days. Most disputes can be resolved through good-faith negotiation.
16.2 Binding Arbitration
If the dispute cannot be resolved informally, you and Mountain Theory agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Cheyenne, Wyoming (or remotely, at the arbitrator’s discretion). The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
16.3 Class Action Waiver
YOU AND MOUNTAIN THEORY AGREE THAT EACH PARTY 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 ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.
16.4 Exceptions
Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights, confidential information, or to prevent irreparable harm. Additionally, claims within the jurisdiction of small claims court may be brought in such court.
16.5 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles. To the extent that arbitration does not apply, you consent to the exclusive jurisdiction of the state and federal courts located in Wyoming.
17. General Provisions
17.1 Entire Agreement
These Terms, together with the Privacy Policy and any applicable Subscription Plan terms, constitute the entire agreement between you and Mountain Theory regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.
17.2 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 its original intent.
17.3 Waiver
The failure of Mountain Theory to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Mountain Theory.
17.4 Assignment
You may not assign or transfer these Terms or any rights hereunder without Mountain Theory’s prior written consent. Mountain Theory may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, provided the assignee agrees to be bound by these Terms.
17.5 Force Majeure
Mountain Theory shall not be liable for any delay or failure to perform its obligations under these Terms due to events beyond its reasonable control, including but not limited to natural disasters, acts of government, pandemics, cyberattacks on Mountain Theory’s infrastructure by third parties, internet outages, or failures of Third-Party Platforms.
17.6 Notices
All notices from Mountain Theory to you may be sent to the email address associated with your Account. Notices from you to Mountain Theory must be sent to legal@mountaintheory.ai. Notices are deemed delivered when sent by email, provided no delivery failure notification is received.
17.7 Independent Contractors
The relationship between you and Mountain Theory is that of independent contracting parties. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
17.8 Export Compliance
You agree to comply with all applicable export and import control laws and regulations in your use of the Service. You shall not export or re-export the Service or any related technical data to any country, entity, or person prohibited by applicable law.
17.9 Government Users
If you are a U.S. government entity or using the Service on behalf of a U.S. government entity, the Service is provided as a “commercial item” as defined in 48 C.F.R. §2.101, and is licensed consistent with 48 C.F.R. §12.212 (for civilian agencies) or 48 C.F.R. §227.7202 (for Department of Defense entities).
18. Contact Information
If you have questions or concerns about these Terms, please contact us:
| Mountain Theory, Inc. Attn: Legal Department General: legal@mountaintheory.ai Privacy: privacy@mountaintheory.ai Website: mountaintheory.ai |