Terms of Service

Introduction

These Terms of Service ("Terms") constitute a legal agreement between you and CodePup AI Inc., a Delaware corporation ("CodePup AI," "we," "us," or "our"), governing your use of the codepup.ai website (the "Site") and all related tools, API services, features, and applications (collectively, the "Services").

By using our Services, you confirm that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated by reference.

If you are acting on behalf of a company or legal entity, you represent that you have authority to bind that entity to these Terms. If you do not agree, you must stop using our Services.

We may update these Terms occasionally by posting an updated version on our Site. Your continued use of the Services after any update constitutes acceptance of the revised Terms.

Definitions

For clarity:

• Platform – The CodePup AI software that enables users to build, deploy, and manage web or AI applications using natural language prompts.
• Customer Data – Any code, files, configurations, text, prompts, or project content you upload or generate through the Services.
• Usage Data – Telemetry, logs, feature usage statistics, or performance data that we collect to operate and improve the platform.
• AI Gateway – Our managed service that routes your requests to third-party AI model providers such as OpenAI, Google Gemini, or Anthropic.
• Credits – Prepaid, non-transferable usage units purchased or granted for CodePup Application Generation Platform hosting or the AI Gateway.
• Infrastructure Providers – Third-party vendors (such as Supabase, Stripe, or Vercel) used to host and process Service functions.
• Third-Party AI Providers – External companies providing AI or ML models through the AI Gateway.

License to Use Services

We grant you a limited, personal, non-exclusive, non-transferable license to access and use the Services for your personal or internal business purposes, consistent with your plan type. All rights not expressly granted are reserved by CodePup AI. We own all technology, models, and intellectual property underlying the Services. Misuse terminates this license immediately.

License Restrictions

You agree that you will not:

• Copy, distribute, or sell the Services or underlying materials except as permitted.
• Share or resell access to your account or use it for third-party services.
• Attempt to decompile, reverse-engineer, or extract source code or model logic.
• Interfere with or overload platform operations, APIs, or networks.
• Use the Services to transmit malware, illegal content, or misleading outputs.
• Generate or distribute harmful, deceptive, or discriminatory AI content.
• Use generated content without validation in high-risk areas (e.g., medical, legal, or financial).
• Upload sensitive or regulated data (e.g., health, financial, or governmental identifiers).

Violations may result in immediate suspension or termination.

Accounts and Eligibility

To use the Services, you must be at least eighteen (18) years old or the legal age of majority in your country. If you are registering on behalf of an organization, you must have the authority to bind it.

You are responsible for maintaining account security, including safeguarding your credentials. We are not liable for unauthorized usage resulting from your negligence.

Billing and Payment

Subscriptions and Credits

• Certain Services are free; others require a paid subscription or Credits.
• Paid plans renew automatically unless canceled before the renewal date.
• "Credits" are consumed for usage in services such as CodePup Application Generation Platform and the AI Gateway.

Payments

All payments are processed through third-party providers such as Stripe. Fees are non-refundable unless required by law. Paid Credits expire 2 months after purchase; free Credits expire at the end of their allocation.

Taxes

You are responsible for any applicable taxes other than those based on CodePup AI's income.

Service Dependencies and Availability

Our Services rely on third-party infrastructure and AI providers. While we use reliable vendors, we cannot guarantee uninterrupted uptime or performance. Delays, outages, or data loss arising from third-party system failures or force majeure events are not our responsibility.

AI-Powered Features Disclaimer

The Services generate output using artificial intelligence ("AI Output"). AI Output may contain inaccuracies or infringe third-party rights. You must review and validate all AI-generated code or content before use. CodePup AI is not liable for damages or losses caused by reliance on AI Output.

Data Rights and Privacy

• Your privacy rights are governed by the CodePup AI Privacy Policy.
• Ownership of Data: You retain ownership of your Customer Data and AI Output.
• Our Use: We may use your Customer Data (excluding personal data) for limited internal business purposes, such as improving the platform or training CodePup-specific models.
• Opt-out: Business plan users may request exclusion from model training at any time by contacting ask@codepup.ai.
• PII: We do not sell or share identifiable personal data and process it only as detailed in our Privacy Policy.

Suspension and Termination

We may suspend or terminate your account immediately if:

• You violate these Terms or applicable laws.
• Your activity disrupts the platform or infringes rights.
• Required by law, regulation, or security necessity.

Upon termination:

• Your access will be revoked.
• All unused Credits expire.
• Ongoing obligations such as payment and indemnity survive termination.

Intellectual Property

• Our Rights: CodePup AI retains all ownership in the Services, software, models, and related materials.
• Your Rights: You own Customer Data and AI Output you generate, subject to third-party model terms.
• Usage Data: We retain and use aggregated or anonymized telemetry data to operate and improve our systems.
• Feedback: You grant us a perpetual, royalty-free license to use suggestions or feedback for any purpose.

Indemnification

You agree to indemnify and hold CodePup AI, its officers, employees, and affiliates harmless from any claims, damages, or legal costs resulting from your use or misuse of the Services, violation of laws or third-party rights, or uploaded content that breaches others' IP rights.

Limitation of Liability

To the fullest extent permitted by law, CodePup AI will not be liable for any indirect, consequential, or special damages, including lost profits or data. Our total liability in any 12-month period will not exceed the amount you paid us for Services during that period. We are not responsible for downtime, third-party provider issues, or errors in AI Output.

Disclaimers

All Services and AI Outputs are provided "as is" and "as available." We make no warranties, express or implied, including those of merchantability, fitness for purpose, or non-infringement.

Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, and each party consents to personal jurisdiction in such courts.

Notices

You agree to receive relevant communications from us electronically—via email or in-app notification.

For formal notices, contact:
Email: ask@codepup.ai

Miscellaneous

• Entire Agreement: These Terms, along with our Privacy Policy and any applicable Data Processing Addendum, constitute the entire agreement between you and CodePup AI Inc.
• Assignment: You may not assign rights under these Terms without our consent.
• Severability: If any term is found invalid, the remainder remains enforceable.
• Waiver: Failure to enforce a right does not constitute a waiver of it.
• Export Controls: You may not use the Services if you are based in a sanctioned country or subject to U.S. export restrictions.