Effective 30 October 2026
ForeAct Labs, LLC, a Georgia limited liability company, operates Open Executive. These Terms of Service ("Terms") are an agreement between ForeAct Labs, LLC ("we", "us"), and the person or organization that creates an account or subscribes ("you", the "Customer") for the hosted Open Executive service at openexecutive.ai and the instances we run for you (the "Service").
If you accept these Terms on behalf of an organization, you confirm you have authority to bind your organization to these Terms. By using the Service, you are accepting the Terms. Depending on your method of sign-up, you may be required to tick a box that affirmatively acknowledges your acceptance of the Terms. If you do not agree to the Terms, do not use the Service.
The Privacy Policy explains how we handle personal data. The Data Processing Addendum ("DPA") forms part of these Terms and applies to personal data we process on your behalf.
1. The Service
Open Executive is an AI executive assistant. Each subscription gets its own instance: a private application with its own storage, which answers questions, drafts documents, runs scheduled work, runs code and builds small apps for you and, when you connect them, acts in the tools you choose (such as email, calendar, Slack or Google Workspace). An app you share by public link can be opened by anyone who has the link.
The Service uses third-party AI models to generate its output. It uses Claude models by default; you can choose models from other vendors, whose providers then process those requests (see the Subprocessors page). AI output can be wrong, incomplete or out of date. It is not legal, financial, medical, tax or other professional advice. You are responsible for reviewing output before you rely on it or act on it, and for what the Service does on your instructions in tools you have connected.
Features that act as you. Some features act in your own accounts in your name once you turn them on: "Act as me" reads your mailbox and drafts replies for you; "Handle it for me" sends some replies on its own; and "Take the lead" lets the Service act without anyone present, within the approval rules you set. Each is off until you turn it on, and you can turn it off at any time. What they send or do is sent or done as you, and you are responsible for it as if you had done it yourself. We may limit how much they do, for example with a daily cap on messages sent.
Your right to use the Service. Subject to these Terms and to paying the fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription, for your internal business purposes.
Our property. We and our licensors own the Service, including its software, design, trademarks and the architecture of the hosted platform. Apart from the rights these Terms expressly grant you, nothing in them transfers any of our rights to you.
Open source. Core parts of the Open Executive software are published under open-source licences, such as the Apache License 2.0. Nothing in these Terms limits your rights under those licences to that code; these Terms govern the hosted Service we run for you.
Early access. The Service is in early access (beta). Features may change, be added or be removed while we learn from early customers, the Service may sometimes be unavailable, and we make no uptime commitment. We may ask you for feedback; if you give it, we may use it without any obligation to you.
We may change the Service over time, including the AI models it uses. If we remove a feature you pay for in a way that materially reduces the Service, we will tell you in advance where we reasonably can.
2. Accounts
You must give accurate sign-up information, keep your credentials secure, and be at least 18 years old. The Service is not intended for anyone under 18, and you may not create or use an account if you are under 18. If we become aware that an account was created or is used by someone under 18, we may suspend or close it, and you must tell us promptly if you learn of such an account. You are responsible for everything done through your account and your instance, including by people you invite. Tell us at support@openexecutive.ai straight away if you believe your account has been compromised.
We may limit access to new accounts, for example by approving them from a waitlist, and are not obliged to approve any account.
A subscription's owner (the "principal") may invite other people to seats on their instance. Each invited person must accept these Terms when they first access the instance and may not use the Service unless they do. The principal remains responsible for their seats' use of the Service.
3. Your content
"Customer Content" means everything you or your seats put into the Service or connect it to: messages, documents, company information, data read from connected tools, and the output the Service generates for you.
You own your Customer Content. You grant us a worldwide, non-exclusive licence to host, copy, process, transmit and display your Customer Content only as needed to provide, secure and support the Service for you, and as described in the DPA. We do not use Customer Content to train AI models, and we do not sell your Customer Content.
You confirm you have the rights and permissions needed to put Customer Content into the Service, including notices to and consents from people whose personal data it contains, and authority to connect any account you connect.
4. Acceptable use
You will not, and will not let anyone else:
- break the law through the use of the Service, infringe others' rights through the use of the Service, or use the Service to send spam or unsolicited messages;
- use the Service to harass, defraud, deceive or harm anyone, or to generate content that sexualizes minors;
- use the Service for decisions with legal or similarly significant effects on individuals (such as employment, credit, housing or insurance) without meaningful human review;
- upload or introduce viruses, malware, ransomware or other harmful code to the Service;
- attempt to access other customers' instances or data, probe or bypass our security or usage limits, or disrupt the Service;
- reverse engineer the hosted Service except as the law or an open-source licence allows, or resell it without our written agreement;
- use the Service in breach of the usage policies of the AI model providers listed on our Subprocessors page.
5. Connected tools
When you connect a third-party service (for example Google Workspace, Microsoft 365, Slack, Notion, Confluence, Discord, Telegram, or a business app such as HubSpot or Asana), your use of it is governed by that provider's terms, and you authorize the Service to read and act in it within the permissions you grant. For business apps, we keep the access token on our platform, encrypted, and make the calls for your instance; any change the Service proposes in a business app waits for your approval. You are solely responsible for complying with each provider's terms and for maintaining the rights and permissions needed to connect and use those services. You can disconnect at any time from your instance's settings. We do not control or endorse, and assume no responsibility or liability for, any third-party service, its availability, security, or the acts or omissions of its provider, and your use of any third-party service is at your own risk.
6. Fees and payment
Subscription. The Service is billed per instance: a recurring fee for the principal plus a fee for each additional seat, at the prices shown before you subscribe. Fees are charged in advance for each billing period and renew automatically until you cancel.
Free trial. We may offer a free trial on your first subscription, for the period shown before you subscribe. You give a payment method when the trial starts. Unless you cancel before the trial ends, your subscription continues and we charge that payment method at the end of the trial and each billing period after that. If you cancel during the trial, you are not charged, and section 8 applies from the day the trial ends. One free trial per person.
Seats and storage. When you add seats or storage packs, they are charged straight away for the rest of the current period (prorated). Reducing seats or storage takes effect without a refund for the current period.
Changing plans. Moving to a higher-priced plan takes effect straight away, and the difference is charged for the rest of the current period (prorated). A move to a lower-priced plan is billed from your next renewal.
AI usage. Each plan includes a monthly AI usage allowance for the principal and for each seat, shown in the Service as a share of the month's usage. It resets on your billing date, and unused allowance does not carry over. Past the allowance, people can keep going on usage credits you buy, within the caps you set; credits have no cash value and are not transferable. On a plan that uses your own model-provider API key, people's requests run on your key and are billed to you by that provider, with no allowance or credits; the Service's own background work (such as briefings, monitoring and memory) still runs on our AI providers at our cost.
Payment processor. Payments are processed by Stripe. Stripe, or its affiliate operating Link, may act as merchant of record for your purchase, in which case its terms also apply to the payment, and it calculates, collects and remits applicable sales tax, VAT or GST. When you provide payment details, you agree to be bound by Stripe's Privacy Policy and Terms of Service, and you authorize us and Stripe to share the information needed to complete your transactions. Payments may be subject to validation checks by Stripe or your card issuer, and we are not responsible if your card issuer declines a payment or charges you a handling or processing fee. Prices are shown before tax unless stated otherwise.
Refunds. Fees are non-refundable except as expressly required by law or agreed in writing.
Failed payments. If a payment fails, we email you and the Service keeps working for 7 days while the payment is retried. If it is still unpaid after that, we will cancel your subscription and section 8 applies. You can contact us at the email listed in section 15 if you have any questions about your cancellation.
Price changes. We may change our prices. We will tell you by email or in the Service before a price increase applies to you, and it applies from a billing period that starts after we tell you. You can cancel before then as explained in section 7.
7. Cancellation
You can cancel at any time from Plan & usage in the Service or by writing to support@openexecutive.ai. Cancellation takes effect at the end of the current billing period, and you keep access until then. Where local law gives consumers a right to cancel a distance contract, that right applies in addition.
8. Your data when you leave
While your subscription is active you can download backups of your instance from its settings. Your subscription ends on the date its cancellation takes effect, whether you cancelled it or we cancelled it for non-payment (section 6) or under section 9. If we close your account under section 9, or your account has no paid subscription when it is closed, the end date is the date it is closed. We record that date. We delete your instance and its data, backups included, within 30 days after that date. This deletion applies only to Customer Content held within your instance; data held in or by connected third-party services is not covered by this section and remains subject to those providers' own terms and retention practices. Download a backup before it ends if you want to keep it; after deletion it cannot be recovered. You can delete your account yourself, on the web or in the app, from Settings → Account. If you own an instance, that closes it and cancels your subscription straight away, without a refund for the rest of the billing period (section 6), and the 30 days run from that day. If you hold a seat, it removes you from the instance and deletes your account at once. You can also ask us to delete your account and instance data sooner by writing to support@openexecutive.ai; we delete it within 30 days of the request. We keep only records we must keep by law (such as billing records).
9. Term and termination
These Terms apply from when you accept them until your account is closed. You may close your account at any time from Settings → Account. We may suspend or close your account, or stop providing the Service to you, at any time and for any reason, with or without notice. If we do suspend or close your account, we will tell you why unless the law or the risk prevents us from doing so. When your account is closed, your data is deleted as described in section 8. Sections 3 (licence to the extent needed to delete data), 8, 10, 11, 12 and 14 survive termination.
If we terminate your paid subscription for our convenience before the end of your current billing period, and not because of your breach of these Terms, non-payment, unlawful conduct, a security risk, or a legal or regulatory requirement, we will refund the prepaid subscription fees attributable to the unused portion of that billing period on a prorated basis. No refund is due if we suspend or terminate the Service because of your breach of these Terms, non-payment, unlawful conduct, a security risk, or a legal or regulatory requirement. This paragraph does not limit any refund rights that cannot be excluded under applicable law.
10. Confidentiality and security
We will keep Customer Content confidential and will use and disclose it only as reasonably necessary to provide, secure, maintain and support the Service, comply with these Terms and the DPA, prevent or investigate fraud, abuse or security incidents, and comply with applicable law or binding legal process.
We may disclose Customer Content to our employees, contractors, professional advisers and subprocessors that need access to perform services for us and that are subject to appropriate confidentiality obligations. We may also disclose Customer Content to services you connect or direct us to use, and to authorities or other persons where required by law or reasonably necessary to protect rights, safety or security.
We maintain the security measures described in the DPA, and we will tell you without undue delay if we become aware of a breach affecting your personal data.
11. Warranties and disclaimers
We will provide the Service with reasonable skill and care. Otherwise, and to the fullest extent the law allows, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that AI output will be accurate.
12. Limitation of liability
To the fullest extent the law allows: (a) neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, however caused; and (b) each party's total liability arising out of or relating to these Terms is limited to the amounts you paid us for the Service in the 12 months before the event giving rise to the claim.
These limits do not apply to your payment obligations, to your breach of section 4, to either party's indemnity obligations, or to liability that cannot be limited by law (such as for fraud, or for death or personal injury caused by negligence). Nothing in these Terms limits rights you have as a consumer that the law says cannot be limited.
13. Indemnity
Notwithstanding section 12, you will defend, indemnify and hold us harmless against any third-party claims arising from your Customer Content, your use of connected tools, or your breach of section 4. We must promptly notify you of any such claim, you will have control of the defense, and we will reasonably cooperate at your expense; you may not settle any claim in a way that imposes any liability, payment or admission on us without our prior written consent.
14. General
Governing law. These Terms are governed by the laws of the State of Georgia, USA, without regard to its conflict-of-laws rules. The state and federal courts located in Fulton County, Georgia (the Superior Court of Fulton County and the United States District Court for the Northern District of Georgia) have exclusive jurisdiction, except that either party may seek injunctive relief anywhere. If you are a consumer, you also keep the protection of the mandatory laws of, and may bring proceedings in, the country where you live.
Changes to these Terms. We may update these Terms. For a material change we will tell you by email or in the Service at least 30 days before it takes effect. If you do not agree to the new Terms, you can cancel before they take effect, and the current Terms keep applying until the end of your current billing period. If you keep using the Service after they take effect, you accept them.
Other terms. You may not assign your rights or obligations under these Terms without our consent; we may assign them to an affiliate or a successor to our business. Neither party is liable for delays caused by events beyond its reasonable control. If a provision is unenforceable, the rest remains in force. Not enforcing a provision is not a waiver. These Terms, the DPA, the Privacy Policy, and any order you place are the entire agreement between us with respect to the Service.
Notices. We will send notices to the email address on your account. You can send us notices at the email listed in section 15.
15. Contact
If you have any questions about these Terms or have any feedback, you can contact ForeAct Labs, LLC at support@openexecutive.ai.