Terms of Service

1. How you accept these Terms

You accept these Terms by checking the box, or clicking the button, that says you agree to them when you create an account, subscribe to a plan or complete a purchase. That click is your signature. It forms a binding agreement between you and us.

You do not need to sign, print, scan or send anything back to us. We record which version of these Terms you accepted, the exact wording you agreed to, when, and for which account, plan or purchase. You can see that record in your account. We keep each record for as long as your account exists and for at least three years afterwards.

If you use the platform, our tools or our command-line interface without being asked to tick a box, you accept the version of these Terms published at that time, and we may ask you to confirm it later.

You must be at least 18 years old, or the age of majority where you live, to accept these Terms or create an account. We do not knowingly offer the platform to anyone younger.

If you accept on behalf of a company or other organization, you confirm that you are authorized to bind it, and "you" means that organization.

2. These Terms and your Order

Every plan and every purchase is made up of two parts: these Terms, which are the same for everyone, and your Order. Your Order is what we show you on screen before you confirm: the product or plan, its description, what it includes and does not include, its price, any deposit, any usage or size limits, any services included with it, and any terms that apply to that product only. For the free plan, your Order is the plan description on our website when you sign up. For a fixed-price product we quote individually, your Order is the written quote or specification we send you and you confirm.

When you confirm, we store a copy of your Order with your account or project. That copy, not whatever our website shows later, is what you bought. If your Order and these Terms conflict, your Order wins for that purchase on what the product includes, its price, its limits and its product-specific terms. An Order does not change sections 13 to 18 or 21 to 25 unless it is a separate signed agreement under section 23.

Products and plans change over time. A change to what we offer applies to new Orders only. It never changes an Order you have already placed, except for subscriptions at renewal as described in section 4.

3. Accounts

You need an account to use most of the platform. Keep your sign-in details and any license keys to yourself, keep your contact details current, and tell us promptly if you think someone else has access to your account. You are responsible for what happens under your account.

4. Plans and subscriptions

We offer a free plan and paid plans. What each plan includes, its limits and its price are part of your Order.

• Renewal. A paid plan renews automatically at the end of each billing period, at the price in your Order plus applicable tax, until you cancel.
• Cancellation. You can cancel at any time from your account. Your plan stays active until the end of the period you have paid for, and does not renew after that.
• No refunds. Payments for paid plans are non-refundable, including for partly used periods, unless the law requires otherwise (see section 20). We may still choose to refund a payment in a particular case; doing so does not oblige us to do it again.
• Confirmation and reminders. After you subscribe, we email you a confirmation of your plan, its price and billing period, the renewal and how to cancel. Before an annual plan renews, and whenever the law requires it, we email you a reminder with the price, the renewal date and how to cancel. We send these to the address on your account; keep it current.
• Changes to a paid plan. We may change a paid plan's price, features or limits. We will tell you at least 30 days before the change applies to you, and it applies from your next renewal, never in the middle of a period you have paid for. The notice will say what changes, when it takes effect, and how to cancel. If you do not want the change, cancel before that renewal; if you let the plan renew, the change applies. Changes that only add to your plan can apply at any time.
• The free plan. We may change or discontinue what the free plan includes at any time.
• When a paid plan ends. Features that require a paid plan stop when the plan ends. If we end or discontinue a paid plan, we give you at least 30 days to move anything that depends on it. If you cancel, use the rest of your paid period to do so; we will flag what depends on your plan when you cancel.

5. Purchases within the platform

Some products are bought separately, whichever plan you are on, for example seeds (a seed is a combination of our tools that builds a particular kind of project), tool licenses, packages and training. Certain features are only available through such a purchase. Each one is its own Order, with its own description, price and limits, and is governed by these Terms. Some of these products are offered at a different price depending on your plan; the price that applies is the one shown in your Order.

6. Fixed-price products: review before you pay

For fixed-price products, we show you the result before you pay. Paying is how you accept it; you are paying for what you reviewed. Until you pay, what we show you is ours and is for evaluation only: you may not copy, extract or reuse it.

If we cannot deliver a result you accept, or you decide not to accept it, you owe us nothing further beyond any deposit your Order describes as non-refundable, and we have no further obligation to you for that Order. If you neither accept nor decline within the time your Order states, or within a reasonable time if it states none, we may treat the Order as declined.

The scope of a fixed-price product is what your Order describes, based on the material you give us. Anything outside it, including changes to your specification after you order, is a separate Order.

We deliver after your payment has cleared. That may mean transferring a repository to the account you name, issuing a license key, or both, as your Order describes. We may decline any request or Order before we have accepted it.

If your Order states a period for it, we fix defects that stop the delivered code from doing what your Order describes, when you report them within that period.

7. What you own and what we license

• Your material. Your documents, data, and the rulebooks describing your business remain yours.
• Delivered code. When you have paid in full, we assign to you all the right, title and interest we have in the code, configuration and documentation we created specifically for your Order and transferred to you, and it keeps working without us. We keep what we had before your Order and what is not specific to you: our tools, seeds, templates and patterns, and the general know-how, techniques and ideas we use or learn across projects, as long as we do not use your confidential information or your material. Where your repository contains such pre-existing material of ours, you receive a perpetual, irrevocable, worldwide, royalty-free right to use, change and distribute it as part of your repository and its successors. Open-source components remain under their own licenses; we will not knowingly include a component whose license would require you to publish your own code. To the extent any of us holds moral rights in the delivered code, we waive them in your favor as far as the law allows. Output derived automatically may not be protectable by copyright; we assign whatever rights exist.
• Our tools. The platform, our tools, transpilers, seeds and command-line interface, and our methods remain ours. We license them to you; we do not sell them. Your right to run a tool is non-exclusive and non-transferable, applies to the account or project named in your Order, and is limited to the scope, number of uses or period stated there. When a license capped by uses or time runs out, you can no longer run that tool under it, but nothing it has already produced for you is affected. You may install the command-line interface on devices you control for use under your account.

You may not copy, resell or sublicense our tools or license keys, share a license key outside the project it was issued for, work around a license check, or reverse engineer our tools except where the law expressly allows it, unless your Order or a separate written agreement allows it.

If you send us suggestions about the platform, we may use them without any obligation to you.

8. Fair use

Our plans and prices assume normal use by one customer working on its own projects. You agree not to:

• use the platform in a way that is unlawful or harms others;
• run tools or builds automatically or repeatedly at a volume that is out of proportion to real project work;
• attempt to access other customers' data, or disrupt, probe or overload our systems;
• use the platform to build a competing service from our tools, or resell access to them, unless we have agreed to it in writing, for example in a partner or reseller agreement.

Fixed prices and plan limits are not unbounded. They assume a project of the size and kind the product is meant for. Where a product has specific limits, such as the size of the model it covers or the number of times a tool may be run, they are stated in your Order. An unusually large project may need a separate quote.

If your use goes beyond fair use, we will contact you first where we reasonably can. We may limit, throttle or suspend the use concerned.

9. Your content, credentials and data

You let us use the material you give us, and connect to the systems you authorize, to provide what you have ordered. You confirm that you have the right to do so and that your material is lawful.

Where you give us a credential to read a third-party system, such as an access token, we use it for the request you made and do not store it, unless your Order says otherwise.

We may record how the platform is used, for example which tools run, how often and on what size of project, to operate, secure, bill for and improve it.

Avoid uploading personal data that our services do not need. If you do, you remain responsible for having a lawful basis for it. We process personal data on your behalf, as a processor under the GDPR or UK GDPR, only under a separate agreement. How we handle personal data is described in our Privacy Policy.

10. Derived output

Rulebooks, code, documentation, mock data and other output are derived automatically from what you provide. Their quality depends on the quality of that input. Output may be similar to output produced for others; we do not promise it is unique, protectable or free of third-party rights. Review and test output before you rely on it, especially before you use it in production or for decisions with legal, financial or safety consequences. You are responsible for how you use it.

11. Hosting, support and services

Unless your Order says otherwise, a plan or purchase does not include hosting your application or data for production use, maintenance, support levels or professional services. We offer those only under a separate agreement, which your Order may include.

12. Prices, payment and taxes

Prices are as shown in your Order, in the currency shown, and exclude sales tax, VAT and similar taxes, which are added where they apply. Payments are processed by our payment provider. If a payment fails or is reversed, we may suspend the plan or purchase it was for until it is resolved. A chargeback or payment reversal you start without first contacting us is a breach of these Terms, and we may charge you our reasonable costs of answering it. Where we agree to invoice you instead, payment is due within the time stated on the invoice.

13. Suspension and termination

You can stop using the platform and close your account at any time. We may suspend or close an account that breaches these Terms, where we reasonably can after telling you and giving you a chance to fix it. After an account is closed we may delete its data after a reasonable period, as described in our Privacy Policy, so ask us for a copy of what you need first by emailing the address in section 25. Closing an account does not take away a repository you have already paid for. Sections 7, 9, 10, 12, 14 to 18 and 20 to 25 continue to apply after an account is closed.

14. Confidentiality

We each keep non-public information received from the other confidential, use it only for our dealings with each other, and protect it with reasonable care, for three years after it was shared, or for as long as it remains a trade secret if longer. This does not cover information that is or becomes public through no fault of the one receiving it, was already known to it, or is independently developed by it, or disclosure the law requires.

15. Warranties

We will provide what your Order describes with reasonable skill and care.

APART FROM THAT, AND TO THE EXTENT THE LAW ALLOWS, THE PLATFORM, TOOLS AND OUTPUT ARE PROVIDED "AS IS", WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND WE DO NOT PROMISE THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.

Features marked beta, preview or experimental may change or disappear without notice and are provided without any warranty.

16. Limitation of liability

TO THE EXTENT THE LAW ALLOWS, OUR TOTAL LIABILITY FOR EVERYTHING ARISING FROM THESE TERMS AND YOUR ORDERS IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE FOR THE PLAN OR PURCHASE IT CONCERNS, OR, IF THAT IS NOTHING, THE MONTHLY PRICE OF OUR LOWEST-PRICED PAID PLAN AT THE TIME. NEITHER OF US IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE OR DATA.

These exclusions and limits do not apply to fraud or willful misconduct, to a breach of section 14, to misuse of the other's intellectual property, to your obligations under section 17, or to your payment obligations. Nothing in these Terms limits liability that cannot be limited by law.

17. Your responsibilities to others

You will defend and reimburse us for claims, fines and reasonable costs arising from your material, from your use of the platform in breach of these Terms, or from your application and its users.

You confirm that you are not on a US, EU or UK sanctions list, and you will not use the platform in a country or for a purpose that US export law prohibits.

18. Publicity

We may name you, and show your logo, in lists of our customers. We will not quote you, publish a case study about you or suggest that you endorse us without your permission. If you do not want to be named, tell us at the address in section 25 and we will remove it within a reasonable time.

19. Changes to these Terms

We may update these Terms. Each version has its own version number and date, shown below. We tell you about a new version by email to the address on your account or by a notice in your account. A new version applies to Orders placed after it is published. For an existing paid plan, it applies from your next renewal, after we have told you about it; for an existing purchase, the version you accepted continues to apply. If you have no paid plan or open Order and keep using the platform after we tell you, the new version applies to you from the date in the notice. Where the new version needs your acceptance, we will ask for it in the same way as the first time.

20. If you are a consumer

If you buy from us as an individual for purposes outside your trade or profession, and the law where you live gives you a right to cancel within a set period, the no-refund rules in these Terms do not affect that right. Where we start delivering digital content or services during that period, we do so only because you asked us to and acknowledged at checkout that you lose the right to cancel once delivery has begun. Nothing in these Terms limits rights you have under mandatory consumer law, and section 24 does not take away the protection of the law where you live.

21. Disputes

If a dispute arises, we will first try to resolve it informally: write to the address in section 25 and we will respond within 30 days. If that does not resolve it, either of us may bring the dispute in the state or federal courts located in Delaware, and we each accept their jurisdiction. Either of us may still seek an injunction anywhere to protect intellectual property or confidential information. Where the law allows, each of us will bring claims only individually, not as part of a class or representative action. This section does not apply where mandatory consumer law gives you the right to bring a claim where you live.

22. Notices

We send notices to the email address on your account or show them in your account. You send notices to the address in section 25. A notice by email counts as received on the next business day after it is sent.

23. Separate agreements

If you and we sign a separate written agreement, such as a master services agreement, a statement of work or a hosting agreement, that agreement prevails over these Terms for what it covers.

24. Governing law and general

These Terms are governed by the laws of the State of Delaware, USA, except where mandatory consumer protections of your local law apply. These Terms, your Orders and any separate agreement under section 23 are the whole agreement between us on their subject and replace anything said before. If a provision is found unenforceable, the rest remains in effect. Not enforcing a provision is not a waiver of it. You may not transfer your rights under these Terms without our consent; we may transfer ours as part of a reorganization or sale of our business, and the licenses you hold continue with whoever takes over. Neither of us is liable for delays caused by events beyond our reasonable control.

25. Contact

An Abstract Level Inc., operating EffortlessAPI: hello@effortlessapi.com.