Fermium Terms of Service

1. Who we are and what these terms cover

Fermium (https://fermium.app) is operated by Fermium, a United States company ("Fermium," "we," "us," or "our"). These Terms of Service ("Terms") are a binding agreement between you and Fermium and govern your use of the Fermium website, web app, MCP server, API, and the content domain https://fermiumusercontent.app (together, the "Service").

By creating an account, connecting an agent, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you use the Service on behalf of an organization, you represent that you have authority to bind it, and "you" includes that organization. If you do not agree to these Terms, do not use the Service.

2. The Service

Fermium is an MCP server plus a web app that lets users and their AI coding agents (such as Claude Code, Codex, and Cursor) publish content to stable URLs on a separate content domain. Key features include:

• Publishing HTML pages, Markdown documents, code snippets, images, PDFs, audio, and video ("Documents").
• Per-Document visibility: unlisted (anyone with the secret link), password protected, or workspace (only people signed in with an account in the publisher's company workspace).
• Versions, tags, and optional expiry. Documents expire 30 days after publishing by default; you can set a different expiry or keep a Document forever.
• Updating a Document at the same URL, and syncing Documents back to your local machine where available.

We may add, change, or remove features over time. We try to avoid breaking published URLs, but we do not guarantee that any feature will remain available in its current form.

3. Accounts and workspaces

Sign-in. You sign in with a Google account using OpenID Connect. Keep your Google account secure; you are responsible for all activity under your Fermium account.

Workspaces. Every user belongs to a workspace. A company workspace may claim email domains it owns or controls; people who sign in with an email address at a claimed domain join that workspace automatically. Workspace administrators can manage members, Documents, billing, and settings, and may have access to and control over Documents published within the workspace. We may verify domain ownership and remove improper claims.

Age. The Service is not intended for anyone under 16. By using the Service you represent that you are at least 16 years old.

4. Agents, API, and MCP access

Fermium is designed to be used by automated agents acting on your behalf. You agree that:

• You are responsible for your agents. Anything an agent publishes, updates, or deletes using your account or tokens is treated as your action. Review what your agents publish before sharing links.
• Keep tokens secret. API keys, MCP tokens, and OAuth credentials are confidential. Do not share them, commit them to public repositories, or embed them in client-side code. Revoke tokens immediately if you suspect exposure and tell us at security@fermium.app.
• Rate limits apply. We enforce rate limits and storage quotas, which vary by plan and may change. Circumventing limits is prohibited.
• Abusive automation may be suspended. We may throttle, suspend, or revoke access for automation that degrades the Service, generates excessive load, scrapes other users' content, or otherwise violates these Terms.

5. Your content

Ownership. You retain all ownership rights in the Documents and other content you publish through the Service ("Your Content").

License to us. You grant Fermium a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, reproduce, and back up Your Content solely as necessary to provide and secure the Service and to comply with law. This license ends when Your Content is deleted and rolls off our backups, except where we must retain it for legal reasons.

No AI training. We do not use Your Content to train AI or machine-learning models, and we do not permit third parties to do so through the Service.

How content is served. Your Content is served from https://fermiumusercontent.app, a separate domain, inside a browser sandbox that limits what published pages can do. This is a security measure, not a guarantee; you remain responsible for what your pages contain.

Scanning. We do not read or scan Your Content except for automated malware, phishing, and abuse checks, responding to reports, and legal compliance.

Your responsibilities. You represent that you have all rights needed to publish Your Content and grant the license above, and that Your Content does not violate any law or third-party right.

Visibility settings. You choose how each Document is shared. Anyone with an unlisted link can view and forward it. Password-protected and workspace-restricted Documents depend on you and your viewers keeping passwords and credentials secure; we are not responsible for access that results from a link or password you or your viewers shared.

Expiry and deletion. Expired Documents stop being served. Deleted Documents enter a 7-day grace period, then are permanently removed from storage; backups roll off within 14 days. See the Privacy Policy for details.

6. Acceptable use

You may not use the Service to publish, store, or transmit anything that:

• is illegal, or promotes or facilitates illegal activity;
• contains malware, exploits, or code designed to harm or take control of systems or data;
• is used for phishing, credential harvesting, or impersonation;
• is child sexual abuse material (CSAM) or otherwise sexually exploits minors (we report such material to the authorities);
• harasses, threatens, defames, or incites violence against any person or group;
• is spam or is designed to deceive users or manipulate search rankings;
• infringes a third party's copyright, trademark, trade secret, patent, or other intellectual-property right;
• violates anyone's privacy, including publishing personal data you have no right to share.

You also may not interfere with or disrupt the Service; attempt unauthorized access to accounts, workspaces, or systems; test the Service's security without authorization (see Section 14); or resell or sublicense the Service without our written permission.

7. Enforcement

We may remove or disable access to any content, and suspend or terminate any account or workspace, that we reasonably believe violates these Terms or creates risk or legal exposure for us or others, or as required by law. Where practical we will notify you and give you a chance to fix the problem, but we may act immediately for serious violations such as malware, phishing, or CSAM. We are not obligated to monitor content.

8. Copyright complaints (DMCA)

Takedown notice. If you believe content on the Service infringes your copyright, send a notice to our designated agent at hello@fermium.app that includes: (1) your physical or electronic signature; (2) identification of the copyrighted work; (3) the URL(s) of the allegedly infringing material; (4) your contact information; (5) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorized to act for the owner.

Counter-notice. If your content was removed and you believe this was a mistake, send a counter-notice to hello@fermium.app that includes: (1) your signature; (2) identification of the removed material and where it appeared; (3) a statement under penalty of perjury that you have a good-faith belief it was removed by mistake or misidentification; (4) your name, address, and phone number; and (5) consent to the jurisdiction of the federal court for your address (or, if outside the US, for the State of Texas) and to accept service from the complainant. If the complainant does not notify us of a court action within 10 business days, we may restore the material.

Repeat infringers. We terminate the accounts of repeat infringers.

9. Plans, billing, and refunds

Plans. We offer a Free plan (1 GB storage) and paid Team, Business, and Enterprise plans; current features, limits, and prices are at https://fermium.app. A signed Enterprise agreement controls if it conflicts with these Terms.

Payment. Paid plans are billed through Stripe, monthly or annually, and renew automatically at the end of each billing period until you cancel. By subscribing you authorize us and Stripe to charge your payment method on each renewal. We do not store your card number; Stripe does. Prices exclude applicable taxes.

Cancellation. You can cancel at any time from the app or by contacting hello@fermium.app. Cancellation takes effect at the end of the current billing period, and you keep paid features until then.

Refunds. Prorated refunds for partial periods are not automatic. If you believe you were charged in error or have a special situation, contact hello@fermium.app and we will review it. Annual plans are refundable in full if you request a refund within 14 days of your first purchase and the plan has not been used beyond Free-plan limits.

Downgrades and over-quota content. If you downgrade or your paid plan ends and your workspace exceeds the limits of your new plan, the content over quota becomes read-only (still published and viewable, but you cannot add or update Documents) for 30 days. It is not deleted during that period. After 30 days, we may stop serving over-quota content or remove it after notice.

Price changes. We may change prices with at least 30 days' notice, effective at your next renewal after the notice period.

10. Availability and support

Except as set out in a signed Enterprise agreement, we do not offer a service-level agreement or uptime guarantee. The Service may be unavailable for maintenance, upgrades, or reasons outside our control. Support is provided by email at hello@fermium.app on a reasonable-efforts basis.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, FERMIUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT CONTENT WILL NOT BE LOST, OR THAT PUBLISHED URLS WILL REMAIN AVAILABLE INDEFINITELY. KEEP YOUR OWN COPIES OF YOUR CONTENT.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FERMIUM AND ITS MEMBERS, OFFICERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) US $100.

These limits apply to all theories of liability and are a fundamental part of the bargain between you and us. Some jurisdictions do not allow certain disclaimers or limitations, so parts of Sections 11 and 12 may not apply to you.

13. Indemnity

You will defend, indemnify, and hold harmless Fermium and its members, officers, employees, and contractors from any claims, damages, losses, and expenses (including reasonable legal fees) arising out of or related to (a) Your Content, (b) your or your agents' use of the Service, (c) your violation of these Terms, or (d) your violation of any law or third-party right. We may take over the defense of any such claim at our own expense, and you will cooperate with us.

14. Security disclosure

If you find a security vulnerability in Fermium, please tell us at security@fermium.app. Give us a reasonable time to fix the issue before disclosing it publicly, avoid accessing or modifying other users' data, and do not use automated tools that degrade the Service. We will not pursue legal action against researchers who follow these guidelines in good faith.

15. Governing law and disputes

These Terms are governed by the laws of the State of Texas and applicable United States federal law, without regard to conflict-of-laws rules.

Courts, not arbitration. We do not use mandatory arbitration. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in the State of Texas, and you and we consent to the personal jurisdiction of those courts. Either party may seek injunctive relief in any competent court to protect its intellectual property or confidential information. Nothing in this section prevents you from bringing a claim in small-claims court where permitted, or limits non-waivable consumer rights under the law of your country of residence.

16. Termination

You may delete your account at any time from the app or by emailing hello@fermium.app. We may suspend or terminate your access as described in Section 7, or discontinue the Service with at least 30 days' notice where practical. On termination, Your Content is deleted according to the retention schedule in our Privacy Policy. Sections 5 (the license, for the retention period), 11, 12, 13, and 15 survive termination.

17. Changes to these Terms

We may update these Terms from time to time. For material changes, we will give you at least 30 days' notice by email or in the app before they take effect. Continued use of the Service after that date means you accept the changes; if you do not agree, delete your account before they take effect. Non-material changes (such as clarifications) may take effect immediately upon posting.

18. General

Entire agreement. These Terms, the Privacy Policy, and any signed Enterprise agreement are the entire agreement between you and Fermium regarding the Service.

Severability and waiver. If any part of these Terms is unenforceable, the rest remains in effect. Not enforcing a provision is not a waiver of our right to do so later.

Assignment. You may not assign these Terms without our consent. We may assign them in a merger, acquisition, or sale of assets, with notice to you.

Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.

Notices. We may send notices to the email address on your account. You may send notices to hello@fermium.app.

Export and sanctions. You may not use the Service in violation of US export-control or sanctions laws.

19. Contact

Fermium
Email: hello@fermium.app
Security: security@fermium.app
Web: https://fermium.app

Mailing address: available on request at hello@fermium.app while our business mailing address is being set up.