These Terms of Service ("Terms") govern your access to and use of the Custena platform, including the websites at custena.com and app.custena.com, the REST API, SDKs, and dashboards (together, the "Service"). The Service is operated by Genesis Software Group ApS, a Danish limited company registered under CVR 45033139, with its registered office in Copenhagen, Denmark ("Custena", "we", "our").
By creating an account, integrating the API, or otherwise using the Service you agree to these Terms. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms, and "you" refers to that organisation.
1. The Service
Custena is payment middleware for AI agent commerce. It operates as a reverse proxy between buyers (typically enterprises deploying AI agents) and sellers (providers of APIs, MCP servers, or other monetised endpoints). The Service verifies payment using one of several supported protocols (currently Platform Balance, x402, and MPP; L402 is planned for a future phase), enforces per-agent spending limits and approval thresholds, and records every transaction in an immutable, double-entry ledger to support compliance and reconciliation - including obligations under Article 26 of the EU AI Act applicable to deployers of AI systems.
2. Accounts and eligibility
To use the Service you must register an account through our identity provider. You must provide accurate information, keep your credentials confidential, and promptly notify us of any unauthorised use. You must be at least 18 years old and legally capable of entering into a binding contract. The Service is primarily intended for businesses; use by consumers acting outside a trade or profession may be limited or prohibited.
Accounts have two roles: Buyer (deploys AI agents that spend money) and Seller (monetises an endpoint). A single account may hold both roles.
3. Payments, balances, and fees
Fees are described on our pricing page and may be updated on reasonable notice. The current standard fee is 0.4% per successful transaction for sellers and 0.4% per fiat top-up for buyers, waived for the first 60 days of an account. Non-custodial settlement (where funds settle directly to a seller's external wallet on-chain) is tracked for analytics only and is not subject to the platform fee.
- Platform Balance.Funds credited to a buyer's Platform Balance via Stripe top-up are held in an operational balance account. We are not a licensed e-money institution or crypto-asset service provider; you should not treat Platform Balance as a deposit account.
- Non-custodial rails (x402, MPP). When a seller configures an external wallet, settlement occurs directly on the underlying network and we never take custody.
- Payment processors. Fiat top-ups are processed by Stripe; on-chain transactions use the respective blockchain networks. Use of these processors is subject to their own terms.
- Chargebacks and refunds. Chargebacks initiated by your card issuer will be deducted from your balance. Disputes involving a specific tool call should be raised directly with the seller.
4. Acceptable use
You agree not to use the Service to:
- violate any applicable law or regulation, including sanctions, anti-money laundering, or consumer-protection rules;
- pay for, distribute, or facilitate illegal content, malware, fraud, or infringement of third-party rights;
- circumvent spending limits, approval thresholds, or the domain allow/deny lists you or your organisation have configured - including by prompt injection or manipulation of your own agents;
- reverse-engineer, probe, or interfere with the Service, except to the extent permitted by mandatory law;
- use the Service to process payments on behalf of a third party outside your organisation without our prior written consent.
5. AI agents and deployer responsibility
If you deploy AI agents through the Service, you are the "deployer" of those agents for the purposes of the EU AI Act and any analogous legislation. You remain responsible for the agents' actions, for configuring appropriate spending caps and approvals, and for exercising human oversight. Custena provides tooling (caps, kill-switch, approval thresholds, immutable logs) but does not supervise your agents on your behalf.
6. Intellectual property
We and our licensors retain all rights in the Service, including the software, APIs, SDKs, documentation, trademarks, and brand assets. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service during the term and in accordance with these Terms. You retain ownership of content you submit or route through the Service; you grant us the rights needed to operate the Service (including routing, logging for audit, and short-term technical caching).
7. Term, suspension, and termination
These Terms apply from the date you first use the Service and continue until terminated. Either party may terminate at any time: you by closing your account, we on reasonable notice. We may suspend or terminate access immediately without notice if we reasonably believe you have breached these Terms, created a risk to the Service or other users, or if required by law or by a payment processor.
On termination, your access to the dashboards and API ends, and any available balance will be returned to you subject to applicable legal holds. Transaction and ledger records are retained in line with our record-keeping obligations and the EU AI Act (minimum six months where applicable) and may be retained longer for audit and accounting.
8. Warranties and disclaimers
The Service is provided "as is" and "as available". We do not warrant that the Service will be uninterrupted, error-free, or that third-party networks (card rails, blockchains, Lightning) will be available or final at any given time. To the maximum extent permitted by law we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. Nothing in these Terms limits warranties or rights that cannot be excluded under mandatory consumer law.
9. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, consequential, incidental, special, or punitive damages, or for loss of profits, revenue, data, or goodwill, arising out of or relating to these Terms or the Service. Our aggregate liability under these Terms is limited to the greater of (a) the fees you paid to us in the twelve (12) months preceding the event giving rise to liability, or (b) one hundred euros (€100). Nothing in these Terms excludes liability for fraud, wilful misconduct, death or personal injury caused by negligence, or any other liability that cannot be excluded under mandatory law.
10. Indemnification
You agree to defend, indemnify, and hold harmless Custena and its affiliates, agents, and employees from and against any claim, damage, loss, liability, and expense (including reasonable legal fees) arising out of (a) your use of the Service in breach of these Terms, (b) the content of any payment or tool call you initiate, or (c) the conduct of any AI agent you deploy through the Service.
11. Privacy and data protection
Our processing of personal data is described in our Privacy Policy, which forms part of these Terms. If you install the custena-connect CLI, a narrow set of agent events - Custena MCP tool calls, their arguments, session identifiers, timestamps, and your Keycloak username - is forwarded to the Custena backend for EU AI Act Article 26 deployer evidence and payment-audit purposes; the scope, lawful bases, 13-month retention, and excluded categories are set out in section 6 of the Privacy Policy.
12. Changes to these Terms
We may update these Terms from time to time. If we make material changes we will give reasonable notice by email or through the Service. Continued use of the Service after the effective date of the revised Terms constitutes acceptance.
13. Governing law and jurisdiction
These Terms are governed by the laws of Denmark, without regard to its conflict-of- laws rules and excluding the UN Convention on Contracts for the International Sale of Goods. The courts of Copenhagen have exclusive jurisdiction over any dispute arising from or relating to these Terms, subject to any mandatory consumer protection rights that grant you access to the courts of your place of residence.
14. Contact
Genesis Software Group ApS · CVR 45033139 · Copenhagen, Denmark. Questions about these Terms: contact@genesissoftware.io.