Terms of Service

Last Updated: August 16, 2025

Introduction

These terms constitute a legal agreement between you and CouldAI Incorporated ("CouldAI," "we," or "us"). Your use of our applications (the "App") and the services made available through the App (the "Services") is subject to these Terms of Service (these "Terms"). By using the App and any of our Services, you:

If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.

We may revise these Terms at any time by posting updated terms in the App or providing you with notice. Your continued use of the Services after any such changes constitutes your acceptance of the revised Terms.

License to use our services

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable license to use our Services. This license includes the right to use the Services for both personal and commercial purposes, subject to your subscription plan and these Terms. This license terminates immediately if you violate these Terms or your account is terminated for any reason.

Intellectual-property rights

Our rights

CouldAI Incorporated ("CouldAI") or its licensors, retain all right, title, and interest in and to all intellectual property and proprietary rights related to its Services, platform, technology, and brand. This includes, without limitation, all copyrights, trademarks, trade dress, patents, trade secrets, know-how, and other intellectual property and proprietary rights in and to:

All such intellectual property and proprietary materials, whether registered or unregistered, are owned by CouldAI or its licensors and are protected by applicable intellectual property laws in the United States and internationally.

Except as expressly authorized in writing by CouldAI, no rights or licenses are granted to any user or third party, whether by implication, estoppel, or otherwise. All rights not expressly granted are reserved by CouldAI.

Clear distinction of rights

As between the parties, subject to any third party rights and excluding any CouldAI Materials, Customer will own all right, title, and interest in the following:

Data usage, training, and learning

We collect and process data from your use of the Services to provide the Services, improve our platform, provide support, enhance user experience and, in certain cases, for our general business purposes. The Privacy Policy contains detailed information; this section summarizes how we use data within the Services and clarifies ownership and handling of different types of data.

Data Categories and Ownership

We categorize data you interact with through the Services into three types:

1. Usage Data (Owned by CouldAI)

Definition:

"Usage Data" refers to telemetry, logs, and technical metadata generated by your use of the Services. This includes:

Ownership and Use:

CouldAI owns all Usage Data and may use it without restriction for any business purpose, including to, without limitation:

Usage Data never includes source code, user-submitted content, or identifiable PII.

2. Customer Data (Owned by You)

Definition:
"Customer Data" refers to all content you upload, input, or generate through use of the Services, including:

Use:
CouldAI may collect, use, store, and process Customer Data solely to provide and improve the Services, including for system operations, support, diagnostics, and security purposes. In addition, CouldAI may use Customer Data, excluding any Personally Identifiable Information ("PII") therein, for the purposes of:

For the avoidance of doubt, CouldAI will not use PII contained within Customer Data for such training, benchmarking, or product development purposes.

Operational Access and Benchmarking

To troubleshoot and improve the platform, authorized CouldAI personnel may access your workspace data (including prompts, generated code, and logs).

CouldAI may generate aggregate, de-identified benchmarks (e.g., error rates, latency, usage statistics). These benchmarks:

If you believe a benchmark identifies you, contact us and we will remove or further anonymize it.

Enterprise Plan Customers

Enterprise accounts benefit from enhanced controls, including:

Enterprise Plans include enhanced data handling agreements, dedicated account support, and are available only through direct sales engagement.

3. Personally Identifiable Information (PII)

Definition:

"Personally Identifiable Information" or PII means any information that identifies, relates to, describes, or could reasonably be linked to a specific individual. This includes, but is not limited to:

Use and Handling:

CouldAI will only use PII for the following purposes:

Examples of business purposes include, but are not limited to:

CouldAI does not use raw or identifiable PII for AI training. We do not sell PII and do not share it with third parties for advertising or marketing.
You may request access to or deletion of your PII at any time by contacting [email protected].

Data Retention and Deletion

For Enterprise Plan users, CouldAI will delete Customer Data from its systems and AI model training datasets upon request. However, in each case, deletion may not extend to derived or de-identified data that is no longer associated with a specific user or account. No deletion requests will override legal obligations to retain certain data (e.g., for fraud prevention or tax compliance).

Our commitment to responsible data usage

We utilize industry standard data-access controls, conduct regular security audits, and practice transparent data usage.

User accounts and content

Account creation and management

User content

You may upload code, images, videos, fonts, and other digital assets. You represent that:

Public Projects

Content you publish as a public project is automatically made subject to the MIT License, which allows others to view, copy, modify, and distribute your code, on or off platform. Other users may "fork" your public projects, which will provide them a copy of your project that they control. It is your responsibility to ensure that your content is compatible with the MIT License before publishing. If you do not wish to or cannot have your code licensed under the MIT License, you must make it a private project.

Content published in public projects may be used by CouldAI for improving the Services, including but not limited to developing or training large language models, both during and after the term of this agreement.

Private Projects

Content in private projects is not made available to the public. However, you also grant CouldAI the right to display, distribute, and modify your content as necessary to provide the Services. CouldAI reserves the right to access the content of your private projects for the purpose of troubleshooting, improving our Services, and ensuring the safety and security of the Services.

Services and pricing

Plans and limits

For details of current pricing, consult our plans page via Account → Upgrade plan, which may be updated from time to time. You may incur additional usage fees if you exceed the limits associated with your account or current plan.

Support services

Subscription / Payment terms

The Service is subscription-based. CouldAI offers subscription plans with durations of 1 week, 3 months, and 3 years. All plans are billed in advance at the start of each term. You may upgrade your plan at any time through your account settings. All subscriptions renew automatically unless cancelled.

All payments for the Services must be made using a valid credit card or via a third-party payment processor such as Stripe. By submitting payment information, you authorize us (and our designated payment processors) to charge the applicable fees to your payment method on a recurring basis.

By using a third-party payment service such as Stripe, you also agree to be bound by that provider's terms and conditions.

Fulfilment and Service Policies

Service Delivery
Access is granted immediately upon successful payment. Credentials are emailed. Contact [email protected] if you experience issues.

Cancellation Policy
Cancel anytime via Account → Manage Subscription → Cancel.
Subscription remains active until the end of the current billing period.

Digital Service Notice
Because the Services are digital, traditional return policies do not apply. All sales are final unless otherwise stated.

DMCA compliance

We respect intellectual-property rights and comply with the DMCA. Send notices to [email protected] with:

If you believe that your removed content was not infringing, you may send us a counter-notice. Upon receipt of a valid counter-notice, we may reinstate the material in accordance with the DMCA.

Prohibited uses

You agree not to, and will not permit others to:

AI-Specific Restrictions

In addition, you agree not to:

Enforcement & remedies

CouldAI may, at its sole discretion and without notice:

Feedback

By submitting feedback, you grant CouldAI a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and display such feedback for any purpose without compensation.

AI Use Disclaimer

The Services may use artificial intelligence to generate code, content, or recommendations ('AI Output'). AI Output may contain errors and is not professional advice. You are solely responsible for reviewing and validating any AI Output before use. You assume full responsibility for the use of any AI Output and agree not to rely on it for critical or high-risk functions without appropriate review and testing. The Services may produce similar or identical output for other users who submit similar prompts. CouldAI does not guarantee that the AI Output is unique, free of third-party rights, or suitable for any particular purpose. You are solely responsible for reviewing, testing, and using the AI Output in compliance with applicable laws and third-party rights.

Affiliate program terms

By participating in CouldAI's affiliate program, you agree to the following terms:

Disclaimer of warranties

YOUR USE OF THE SITE, SERVICES AND ALL COULDAI CONTENT IS ENTIRELY AT YOUR OWN RISK. THE PLATFORM, SERVICES, AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY GUARANTEES. TO THE FULLEST EXTENT PERMITTED BY LAW, COULDAI AND OUR SUPPLIERS AND LICENSORS EXPLICITLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO GUARANTEES REGARDING THE ORIGINALITY, ACCURACY, RELIABILITY, OR USEFULNESS OF THE PLATFORM, SERVICES, OR ANY COULDAI CONTENT, AND YOUR USE OF THESE IS ENTIRELY AT YOUR OWN RISK. ANY MATERIALS OR CODE YOU DOWNLOAD OR ACCESS THROUGH OUR PLATFORM OR SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY SYSTEM DAMAGE OR DATA LOSS THAT MAY RESULT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US OR THROUGH OUR PLATFORM OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY PROHIBIT SUCH WARRANTY DISCLAIMERS, SO SOME OR ALL OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of liability

COULDAI, ALONG WITH ITS AFFILIATES, AGENTS, OFFICERS, EMPLOYEES, SUPPLIERS AND LICENSORS, SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF SUCH POSSIBILITY), ARISING FROM YOUR USE OF OR INABILITY TO USE OUR PLATFORM, SERVICES, OR COULDAI CONTENT, INCLUDING, WITHOUT LIMITATION, AI OUTPUT. UNDER NO CIRCUMSTANCES WILL COULDAI BE HELD RESPONSIBLE FOR ANY DAMAGES OR LOSSES RESULTING FROM UNAUTHORIZED ACCESS, SECURITY BREACHES, OR INTERFERENCE WITH OUR PLATFORM, SERVICES, OR YOUR ACCOUNT.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, COULDAI ACCEPTS NO LIABILITY OR RESPONSIBILITY FOR:

AI-generated code that:

AI system limitations or failures, including:

Platform-related issues such as:

Business impact resulting from:

Third-party related issues:

Data-related concerns:

THIS LIST IS NOT EXHAUSTIVE, AND COULDAI'S LIMITATION OF LIABILITY EXTENDS TO ALL POSSIBLE ISSUES, WHETHER LISTED HERE OR NOT, ARISING FROM THE USE OF OUR AI-POWERED PLATFORM AND SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY AND THAT OF OUR SUPPLIERS AND LICENSORS, ARISING FROM OR RELATING TO YOUR USE OF THE PLATFORM, SERVICES, AND COULDAI CONTENT (INCLUDING WARRANTY CLAIMS), REGARDLESS OF THE TYPE OF CLAIM OR LEGAL THEORY, EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE SERVICES IN THE TWELVE MONTHS PRECEDING THE CLAIM. IF YOU RESIDE IN CALIFORNIA, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE. SOME JURISDICTIONS DO NOT PERMIT LIABILITY LIMITATIONS FOR CERTAIN DAMAGES, SO THESE LIMITATIONS MAY NOT FULLY APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless CouldAI, including our officers, directors, employees, agents, licensors, affiliates, and representatives, from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable legal fees) arising from:

Legal notices, governing law and dispute resolution

You must comply with all applicable local and United States laws, including export and import regulations. Access is prohibited from United States embargoed countries or by denied or restricted parties under U.S. law.

These Terms shall be governed by Delaware law, excluding conflicts of law principles. Any disputes related to these Terms or your use of our platform must be brought exclusively in the courts of Delaware, and you consent to the personal jurisdiction of these courts. Our failure to exercise any right or provision of these Terms doesn't constitute a waiver unless we acknowledge it in writing. If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full effect. You agree that any dispute with CouldAI shall be resolved on an individual basis and not as a plaintiff or class member in any purported class or representative proceeding.

Publicity Rights

If you are a business entity, you grant us a non-exclusive, worldwide, transferable, royalty-free license to use your name, logo, and trademarks ("Marks") for the limited purpose of identifying you as a customer on our app, in our customer lists, pitch materials, and in other marketing and promotional materials. You may be revoke this license by providing us written notice at any time.

You represent and warrant that you have all rights necessary to grant this license and that our use of your Marks as permitted above will not infringe or misappropriate the rights of any third party.

Miscellaneous Provisions

These Terms constitute the entire agreement between you and CouldAI. You may not assign these Terms without our prior written consent. Sections relating to Intellectual Property, Indemnity, Disclaimers, Limitations of Liability, and Dispute Resolution shall survive termination.

Contact information

Email: [email protected]