APPLIANCE TERMS
In development · Coming soon
LEGAL · CYBEX B.V. · THE NETHERLANDS

Whombat Appliance Terms

These terms cover the software that runs on your Whombat: the operating system image, the Whombat runtime, the update and management services, the AI clients we deliver with them, and everything that comes with them (together, “the appliance software”). They apply whether the Whombat came from us as a box or you installed it yourself.

WHEN YOU CLAIM A WHOMBAT

By claiming a Whombat you agree to them on behalf of your organization, and you confirm that you may do so. They work alongside the Whombat Terms of Service, the Whombat Subscription Terms and the Whombat Privacy Policy.

01

Your data stays yours

Everything you and your team create or store on your Whombat (messages, documents, files, code, agent output, settings and backups) belongs to your organization. We don't claim any rights to it.

You can read and export all of it at any time, including after your subscription ends. The export tools and the recovery kit keep working whatever the state of your subscription.

We keep providing security updates for the appliance software while we support your Whombat's release, whatever the state of your subscription.

Ending your subscription never deletes your data or locks you out of it.

Your devices reach your Whombat over an end-to-end encrypted connection. The appliance software has no vendor login and no remote access for us, and it doesn't send us your content. We only see a diagnostics bundle if an owner creates one, checks what's in it and sends it to us.

02

Your licence to use the appliance software

While your organization has an active Whombat subscription or trial, we grant it a limited, non-exclusive, non-transferable licence to run the appliance software on the Whombat devices claimed by your organization, within the limits of your plan (for example, the number of devices, members, agents or connectors), for your organization's own purposes.

03

The licence check

  • Your Whombat confirms its subscription with us about once a day. Each confirmation is valid for 14 days, so a Whombat that is offline for a while keeps working normally.
  • If it can't confirm its subscription for longer than that, owners see a notice, and everything keeps working for another 30 days.
  • When a subscription ends, or that period runs out, the features that depend on it pause: new agent runs, automations, and adding members, agents or connectors. Everything in section 1 keeps working. When the subscription is confirmed again, they pick up where they left off.
  • Plan limits only apply to adding things. If your plan gets smaller, nothing is removed.
04

Updates

  • Your Whombat installs updates to the appliance software automatically. Every update is signed by us, and your Whombat checks the signature before it installs anything. If an update fails, it goes back to the previous version.
  • Updates roll out in stages. You can't postpone or refuse them, but you can ask for your organization to get them early.
  • The Claude Code and Codex clients your agents use come through the same update channel, as the unmodified programs their makers publish.
  • Keep your Whombat connected to the internet, so it gets security updates in time. We announce in advance when we'll stop supporting a release.
05

Your Whombat's hardware

  • A box from us: the terms under which you bought or rented it cover the hardware itself.
  • Installed yourself: you're responsible for the machine it runs on, its power, network and physical security. We support the platforms we've listed as qualified; on other hardware it may not work, and we can't help with problems that come from the hardware.
  • Either way, keep the Whombat in a place where only people you trust can get to it.
06

Keys only you hold

Your Whombat protects your data with keys that we never receive and can't restore:

the recovery kit, which lets an owner get back in and add devices;

the disk recovery key, which unlocks the Whombat's disk if its hardware changes;

the backup password, which opens your backups.

Keep them somewhere safe, apart from the Whombat. If they're lost, we can't get your data back. If someone else gets them, they may be able to get to your data. You're also responsible for your backups: setting up a backup destination, and checking that it works.

07

Agents and AI providers

  • Agents on your Whombat run on AI providers that your people sign in to with their own subscription or API key. Your Whombat sends those providers what the agents need to do their work. Your agreement with each provider covers that, and you're responsible for following its terms.
  • You decide what agents may do: which tools and connections they get, and which actions need an approval. You're responsible for what they do with that access, and for checking their output before you rely on it.
08

What you may not do

Except to the extent that applicable law expressly allows it despite this restriction, you may not, and may not help anyone else to:

  1. copy the appliance software, or install or run it anywhere other than on Whombat devices claimed by your organization;
  2. extract the appliance software, or any part of it, from a Whombat device or an installation image;
  3. reverse engineer, decompile or disassemble the appliance software;
  4. circumvent, disable or interfere with the licence check, the update mechanism or any other technical protection in the appliance software;
  5. rent, lease, sell, sublicense or otherwise make the appliance software available to anyone outside your organization;
  6. use the appliance software to offer a service that competes with Whombat.
09

Ownership

The appliance software is licensed, not sold. We (and our licensors) keep all rights in it that these terms don't expressly grant to you. Some components are open-source software under their own licences. Those licences govern those components, and nothing in these terms restricts the rights they give you.

10

Ending the licence

  • The licence in section 2 ends when your organization's subscription or trial ends, or if you materially breach section 8. When it ends, section 1 still applies: you can still read, export and recover your data.
  • Resetting a Whombat erases everything on it. Export what you want to keep, and check your backups, before you reset, sell or give away a Whombat. A reset Whombat has to be claimed again.
11

Warranty and liability

The appliance software comes with the commitments in these terms and in the Terms of Service. Beyond those, and as far as the law allows, it is provided “as is”. The limits of our liability in the Terms of Service apply to the appliance software too.

12

Other terms

If these terms conflict with the Terms of Service about the appliance software, these terms apply. The Terms of Service's rules on changes, law and disputes apply to these terms as well. We'll ask you to accept a new version of these terms before your organization claims its next Whombat.