Terms of Service

Effective: [DATE] · Status: Beta

Before publishing: fill every [BRACKETED] value and have a lawyer review. Structure and several clauses are adapted from GitHub's site policies, published under CC0-1.0. This document is not legal advice.

Short version: this is a hosted computer for professional AI work. You bring your own AI provider account. Your work stays on your machine. It's beta, so it may break. Don't use it for anything illegal, dangerous, or abusive. We're a small company and our liability is capped.

These Terms of Service (the "Terms") are a contract between [COMPANY LEGAL NAME], a Delaware limited liability company ("we", "us", "Company") and the organisation or individual that creates an account ("Customer", "you").

By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you accept on behalf of an organisation, you represent that you have authority to bind it. If you do not agree, do not use the Service.

These Terms incorporate by reference our Acceptable Use Policy, Privacy Policy, and — where applicable — our Data Processing Agreement.

Short version: we host a computer for you. It stays on. Your teammates can reach it.

2.1 What we provide. The Service is a hosted computing environment ("Machine") provisioned for your account, together with a web application and integrations used to manage it. Machines are preconfigured with third-party AI tooling and remain available whether or not you are connected.

2.2 Licence. Subject to these Terms, we grant you a non-exclusive, non-transferable right to access and use the Service for your internal business purposes.

2.3 Availability. We use commercially reasonable efforts to keep the Service available. We make no uptime commitment and offer no service level agreement. The Service may be unavailable for maintenance, for reasons outside our control, or without notice.

2.4 Changes. We may add, change, or remove features at any time. We will give reasonable notice of changes that materially reduce core functionality where practical.

2.5 Your equipment. You are responsible for the devices, software, and network connectivity you need to reach the Service.

Short version: this is early software. Assume it can lose your data.

The Service is provided as a beta release: as-is and as-available. In particular:

• Features may change substantially or be discontinued without notice.
• Data loss, interruption, and defects are foreseeable. Keep your own backups of anything you cannot afford to lose.
• Performance, reliability, and security characteristics may change as the Service develops.
• We make no representation that any beta feature will appear in a future commercial release.

You accept these risks. Do not run production-critical workloads on the Service during beta without independent redundancy.

Short version: professional use, adults only, one account per person, you're responsible for your team.

4.1 Professional use only. The Service is intended solely for business and professional use. It is not offered to consumers for personal, family, or household purposes.

4.2 Age. All users must be at least 18 years old and have capacity to enter binding contracts.

4.3 Registration. You must provide accurate registration information and keep it current. You are responsible for safeguarding your credentials and for all activity under your account.

4.4 Users. You may authorise individuals ("Users") within your organisation to access the Service, subject to any seat or capacity limits. You are responsible for your Users' compliance with these Terms; a breach by a User is a breach by you.

4.5 Notification. Tell us promptly at [SECURITY EMAIL] if you suspect unauthorised access to your account or Machines.

Short version: one trial, don't game it.

We may offer a time-limited trial. Trials are provided as-is, may be modified or withdrawn at any time, and are limited to one per Customer. Creating multiple accounts, using disposable identities, or otherwise circumventing trial limits is a breach of these Terms and grounds for immediate termination. At the end of a trial, access ends unless you subscribe, and Machines and their contents may be deleted.

Short version: you bring your own AI account. That relationship is yours, not ours.

6.1 Your credentials, your account. The Service is designed for you to authenticate to third-party AI providers using your own accounts and subscriptions. We do not resell, proxy, meter, or provide model access.

6.2 Their terms govern. Your use of any AI provider is governed by that provider's terms and privacy policy. You are solely responsible for ensuring that your use of your provider account through the Service is permitted by that provider's terms. Providers differ, and their terms change. In particular, subscription plans are generally sold for use with the provider's own official client; using subscription credentials with third-party tools may breach the provider's terms and put your account at risk. We restrict this in the product where we can, but you remain responsible. We do not warrant that any particular provider permits any particular use.

6.3 No responsibility for providers. We are not responsible for a provider's availability, pricing, rate limits, output, suspension of your account, or changes to their terms.

6.4 Credential security. Credentials you place on a Machine remain on that Machine. You are responsible for what you place there and for rotating credentials you believe may be compromised.

Short version: AI makes mistakes and doesn't give you exclusive rights. Check its work.

The Service runs AI tooling that produces output ("Output"). You acknowledge that:

• Output may be inaccurate, incomplete, biased, or fabricated. It is not a substitute for human review, and it is not professional advice of any kind.
• Similar inputs from different users may produce identical or similar Output. You may not have exclusive rights in Output.
• Output may reflect patterns learned from third-party material and may raise intellectual property questions. You are responsible for reviewing Output before using it commercially or in production.
• Agents on your Machine can execute commands, modify files, and make outbound network requests. You are responsible for what your agents do, including any effect on third-party systems.

We provide no warranty and no indemnity regarding Output, its accuracy, its non-infringement, or your right to use it.

Short version: it's yours, it stays on your Machine, and you're responsible for it.

8.1 Ownership. As between you and us, you own everything you place on a Machine and everything produced there ("Customer Content"). We claim no ownership.

8.2 Where it lives. Customer Content is stored on your Machine. We do not copy file contents, session contents, or AI provider traffic into our own systems. What our systems store is described in the Privacy Policy.

8.3 Your warranties. You represent that you have the rights necessary to place Customer Content on the Service and that it does not infringe third-party rights or violate applicable law.

8.4 Restricted data. Do not place the following on the Service: protected health information; payment card numbers or financial account credentials; government identification numbers; biometric identifiers; or special categories of personal data under applicable data protection law. The Service is not designed, certified, or contracted for these categories, and we disclaim liability arising from their presence.

8.5 Our access. We do not access the contents of your Machine except (a) where you grant us explicit, time-limited access for support, or (b) where we are legally compelled. Where a Machine poses an active security threat we may suspend it under Section 9; suspension halts execution and network access and does not involve accessing Machine contents. We may preserve a suspended Machine's disk without examining it. See the Privacy Policy and Security page.

Your use of the Service is subject to the Acceptable Use Policy, which forms part of these Terms. We may suspend or terminate access for violations, in our reasonable discretion, with or without notice where the circumstances warrant. Suspension halts execution and network access on a Machine; it does not give us access to its contents, which remains governed by Section 8.5.

Provider credentials. We may restrict which tools on a Machine can be used with subscription credentials as opposed to API keys, in order to keep the Service consistent with AI providers' terms. See the Acceptable Use Policy.

Short version: pay on time; prices can change with notice.

10.1 Fees. You will pay the fees for your selected plan. Fees are billed in advance and are non-refundable except where these Terms expressly state otherwise or applicable law requires.

10.2 Payment. Payments are processed by our payment provider. We do not store card numbers.

10.3 Changes. We may change pricing on at least 30 days' notice, effective at your next renewal.

10.4 Non-payment. We may suspend Machines for non-payment after reasonable notice. Machines suspended for non-payment may be deleted after [30] days.

10.5 Taxes. Fees exclude taxes. You are responsible for all applicable taxes other than taxes on our net income.

11.1 Term. These Terms apply for as long as you have an account.

11.2 Your termination. You may cancel at any time through the Service. Cancellation takes effect at the end of the current billing period.

11.3 Our suspension. We may suspend access immediately where we reasonably believe that: you are in material breach; your use presents a security risk to us, other customers, or third parties; your use violates law or third-party rights; or we are legally required to do so.

11.4 Our termination. We may terminate for material breach not cured within 30 days of notice, or for any reason on 30 days' notice with a pro-rated refund of prepaid unused fees — which is your sole remedy for such termination.

11.5 Effect. On termination, access ends and Machines and their contents are deleted after [30] days. Export anything you need before terminating. Deletion does not extend to data we must retain by law, or to backups purged on our standard cycle.

11.6 Survival. Sections 6, 7, 8.3, 8.4, 12, 13, 14, 15, and 16 survive.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS. WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT DATA WILL NOT BE LOST.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW:

13.1 WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY.

13.2 OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US IN THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.

13.3 THESE LIMITS APPLY EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE, AND ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN US.

13.4 THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, OR WILFUL MISCONDUCT.

You will indemnify and hold us harmless from third-party claims arising out of (a) your use of the Service, (b) Customer Content, (c) actions taken by agents running on your Machine, or (d) your breach of these Terms or applicable law. We will notify you of any such claim and you will cooperate in its defence.

15.1 General. Each party will comply with applicable law.

15.2 Sanctions. You represent that you are not (a) located in, organised under the laws of, or ordinarily resident in a country or region subject to comprehensive US sanctions; (b) identified on any US, EU, UK, or UN restricted-party list, including OFAC's SDN List; nor (c) 50% or more owned by any such party. You will not make the Service available to any such person. We may terminate immediately to comply with sanctions or export control law.

15.3 Export. You will not export or re-export the Service in violation of US export control laws.

16.1 Governing law. These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws principles. The UN Convention on Contracts for the International Sale of Goods does not apply.

16.2 Venue. The state and federal courts located in New Castle County, Delaware have exclusive jurisdiction, and each party consents to personal jurisdiction there.

16.3 Mandatory local rights. Nothing in these Terms overrides rights you have under the mandatory law of your own jurisdiction that cannot be waived by contract.

16.4 Changes to these Terms. We may update these Terms. We will update the effective date and, for material changes, notify account holders by email at least [14] days in advance. Continued use after the effective date constitutes acceptance.

16.5 Assignment. You may not assign these Terms without our written consent. We may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.

16.6 Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, excluding payment obligations.

16.7 Feedback. If you send us suggestions, we may use them freely and without obligation.

16.8 Publicity. We will not use your name or logo publicly without your prior written consent.

16.9 Entire agreement; severability. These Terms, with the documents they incorporate, are the entire agreement between us and supersede prior discussions. Terms in your purchase orders or vendor forms do not apply. If any provision is unenforceable, it is severed and the rest remains in effect.

16.10 Notices. Notices to you are effective when sent to your account email. Notices to us go to [LEGAL EMAIL].

16.11 Relationship. The parties are independent contractors. Nothing creates a partnership, agency, or employment relationship.

[LEGAL EMAIL] · [COMPANY LEGAL NAME] · [ADDRESS]

Portions adapted from GitHub's site policies, used under CC0-1.0.