Welcome, and thank you for your interest in This Company, Inc. (“This Company,” “we,” or “us”), makers of the Amazing App software platform. These Terms of Service (“Terms”) govern your access to and use of This Company's software, platform, APIs, documentation, and related tools, including the website waitlist.example.com, and all related software made available by This Company to build, deploy, and manage software projects (collectively, the “Service”). By using the Service, you agree to these Terms.
Please also read our Privacy Policy, which explains how we collect, use, disclose, and process personal data.
If you are using the Service as part of your work for a company or organization that has a Master Services Agreement (“MSA”) with This Company, your use of the Service is governed by that MSA.
If you are entering into these Terms on behalf of an entity, you represent that you have the legal authority to bind that entity.
1. Access and Use
1.1. Provision of Access
This Company is building a native AI development environment for macOS. The Service offers a suite of coding tools driven by machine learning to help developers write code more easily and efficiently and can provide suggested code, outputs, or other functions. Subject to your compliance with these Terms, This Company grants you a limited right to access and use the Service.
1.2. Content
You may provide inputs to the Service (“Inputs”) and receive code, outputs, or other functions based on the Inputs provided by you (collectively, “Suggestions”) (Inputs and Suggestions are collectively “Content”). We may use Content to provide the Service, comply with applicable law, enforce our terms and policies, and keep the Service safe. By submitting Inputs to the Service, you represent and warrant that you have all rights, licenses, and permissions that are necessary for us to process the Inputs under these Terms and to provide the Service to you.
1.3. Model Training
THIS COMPANY WILL NOT USE CONTENT TO TRAIN, OR ALLOW ANY THIRD PARTY TO TRAIN, ANY AI MODELS, UNLESS YOU'VE EXPLICITLY AGREED TO THE USE OF CONTENT FOR TRAINING.
You can find instructions in the Service for how to manage your preferences regarding the use of Inputs and Suggestions for training.
1.4. Limitations for Suggestions
You acknowledge that Suggestions are generated automatically by machine learning technology and may be similar to or the same as Suggestions provided to other customers. Further, you acknowledge that there are numerous limitations that apply with respect to Suggestions provided by large language and other AI models, including that (i) Suggestions may contain errors or misleading information, (ii) AI Models lack the ability to think creatively and can result in repetitive content, (iii) AI Models can struggle with understanding nuances of language, and (iv) AI Models can struggle with complex tasks requiring reasoning and judgment. You agree that you are responsible for evaluating, and bearing all risks associated with, the use of any Suggestions.
1.5. Use Restrictions
Except and solely to the extent such a restriction is impermissible under applicable law, you may not:
- Reverse engineer, disassemble, decompile, or attempt to derive source code from the Service
- Reproduce, modify, or create derivative works of the Service
- Rent, lease, lend, or sell the Service
- Remove any proprietary notices from the Service
- Use the Service to develop a competing product or engage in model extraction attacks
- Probe, scan, or attempt to penetrate the Service
- Harvest, scrape, or extract data from the Service
- Use the Service in any manner that violates third-party rights or applicable laws
1.6. Beta Services
From time to time, This Company may make Beta Services available to you. Beta Services shall be clearly designated as beta, pilot, limited release, or similar. Beta Services are intended for evaluation purposes and not for production use, are not fully supported, and may be subject to additional terms. Beta Services are provided on an “as-is” and “as available” basis without any warranty. THIS COMPANY SHALL HAVE NO LIABILITY ARISING FROM BETA SERVICES - USE AT YOUR OWN RISK.
1.7. Auto-Code Execution
The Service may include features that automatically execute code Suggestions without manual review. By enabling such features, you acknowledge and agree that you are assuming all risks associated with the execution of automatically generated code, including system outages, software defects, data loss, and security vulnerabilities. YOU ARE SOLELY RESPONSIBLE FOR ANY IMPACT RESULTING FROM USE OF THESE FEATURES.
2. Eligibility
You must be at least the age of majority in your jurisdiction (e.g., 18 years old in the United States) or 18 years old, whichever is higher, to use the Service. By agreeing to these Terms, you represent and warrant to us that:
- You are at least 18 years old or the age of majority in your jurisdiction
- You have not previously been suspended or removed from the Service
- Your registration and use of the Service complies with all applicable laws
3. Account Registration
To access most features of the Service, you must register for an account. When you register, you may be required to provide us with information about yourself, such as your name, email address, or other contact information.
You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account.
If you believe that your account is no longer secure, you must immediately notify us at support@This Company.com.
4. Payment Terms
4.1. Paid Services
Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided, all fees are in U.S. Dollars and are non-refundable, except as required by law.
4.2. Pricing
This Company reserves the right to determine pricing for the Service. We will make reasonable efforts to keep pricing information published on the Service up to date. We may change the fees for any feature of the Service at any time. Any price changes will take effect following notice to you.
4.3. Subscriptions
The Service may include automatically recurring payments (“Subscription”). If you activate a Subscription, you authorize This Company to periodically charge your payment method for the Subscription. You may cancel your Subscription at any time via your account settings or by contacting us. Cancellation will be effective at the end of the current billing period.
4.4. Taxes
All fees are exclusive of taxes, and you are responsible for paying any applicable taxes.
5. Ownership
5.1. Service Ownership
The Service, including all intellectual property rights therein, is and shall remain the sole and exclusive property of This Company and its licensors. Except for the limited rights and licenses expressly granted under these Terms, nothing grants you any right, title, or interest in or to the Service.
5.2. Your Content
As between you and This Company, you retain ownership of all intellectual property rights in your Inputs. Subject to your compliance with these Terms, This Company assigns to you all its right, title, and interest in and to Suggestions.
5.3. Feedback
If you provide feedback, ideas, or suggestions about the Service (“Feedback”), we may use Feedback without restriction or obligation to you, and you hereby assign all right, title, and interest in Feedback to This Company.
6. Third-Party Services
The Service may contain links to third-party websites, applications, or services (“Third-Party Services”). This Company does not control Third-Party Services, and we are not responsible for their content, privacy policies, or practices.
Your use of Third-Party Services is at your own risk and subject to their terms and conditions. This Company is not liable for any damages or losses caused by Third-Party Services.
7. Termination
7.1. Termination by You
You may terminate your account at any time by following the instructions in the Service or by contacting us at support@This Company.com.
7.2. Termination by Us
We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service will immediately cease.
7.3. Effect of Termination
Upon termination, we may delete your account and Content. We are not required to maintain your Content. Sections 5 (Ownership), 8 (Warranty Disclaimer), 9 (Limitation of Liability), 10 (Indemnification), and 11 (Dispute Resolution) will survive termination.
8. Warranty Disclaimer
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THIS COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU USE THE SERVICE AT YOUR OWN RISK.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THIS COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE.
IN NO EVENT SHALL THIS COMPANY'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO THIS COMPANY IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
10. Indemnification
You agree to indemnify, defend, and hold harmless This Company, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:
- Your use of the Service
- Your violation of these Terms
- Your violation of any rights of another party
- Your Content
11. Dispute Resolution
11.1. Informal Resolution
Before filing a claim, you agree to try to resolve the dispute informally by contacting us at support@This Company.com. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days of submission, you or This Company may proceed to arbitration.
11.2. Arbitration Agreement
You and This Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration, rather than in court, except that either party may seek equitable relief in court for infringement of intellectual property rights.
11.3. Class Action Waiver
YOU AND THIS COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
11.4. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's (“AAA”) rules and procedures. The arbitrator can award the same damages and relief on an individual basis that a court can award. The arbitrator's decision will be final and binding.
12. Miscellaneous
12.1. Entire Agreement
These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference, are the entire and exclusive understanding and agreement between you and This Company regarding your use of the Service.
12.2. Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms at any time without notice.
12.3. Governing Law
These Terms shall be governed by the laws of the State of California, without regard to its conflict of laws principles. Any claims not subject to arbitration shall be brought exclusively in the federal or state courts of Los Angeles County, California.
12.4. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
12.5. Changes to Terms
We may modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Service and updating the “Last updated” date. Your continued use of the Service after changes constitutes acceptance of the modified Terms.
12.6. Contact Information
You may contact us by sending correspondence to:
12.7. Export and Trade Controls
You must comply with all applicable trade laws, including sanctions and export control laws. The Service may not be used in or for the benefit of any U.S. embargoed country or territory, or any individual or entity with whom dealings are prohibited under applicable trade laws.