Terms of Service

1. Terms of Service

1.1 Acceptance of Terms

icōd.ai LLC Incorporated (“icōd.ai”) provides users with a hosted AI software engineering platform and environment to generate, code, build, share, and deploy applications and web servers through our websites and apps (the “Service”). By using the Service, you are entering into a binding agreement with icōd.ai, and you agree to comply with these Terms of Service (“Terms”) and also agree to our Privacy Policy; if you do not agree, you must not use the Service.

1.2 Account Usage and Security

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account.

1.3 Personal and Commercial Use

Unless otherwise specified in your specific subscription plan, the Service may be used for personal or commercial purposes. If you use our Enterprise or Scale products, an executed icōd.ai Commercial Agreement and/or Data Processing Agreement (DPA) will also apply and govern your use of our services.

1.4 Minimum Age

You must be an adult to use the Service. If you are younger than 13 (or 16 in certain jurisdictions), we will allow you to use the Service only if you first provide us with your parent or guardian’s written consent. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to these Terms and responsible for your child’s activity on the Service.

2. Acceptable Use

2.1 Prohibited Conduct

While using the Service, you must not engage in any conduct that is abusive or violates applicable laws, regulations, or these Terms. Prohibited conduct includes:

• Interfering with, disrupting, or creating an undue burden on the Service, including by sending excessive data or requests to the Service, artificially utilizing excessive AI generation resources, or copying projects to run or host the same code maliciously.
• Abusive advertising, spamming, or commercial solicitation.
• Phishing or impersonation, whether or not the target is a user of the Service.
• Creating accounts with automation or registering accounts in bulk.
• Conducting network attacks, whether against the Service or against any other party.
• Mining Bitcoin, other cryptocurrencies, or artificial platform tokens.
• Scraping or otherwise obtaining content, extracting underlying AI prompts or models, reverse-engineering any part of the Service, or obtaining data for training competing machine learning models.
• Infringing the privacy of other users, including by harvesting personal information.
• Using accounts to evade a ban or penalty from icōd.ai.

2.2 Prohibited Content

You are solely responsible for the content you create, prompt, generate, submit, and share on the Service. The following content is prohibited and you agree not to post or generate such content:

• Defamatory, harassing, abusive, threatening, or bullying.
• Profane, violent, or graphic content, including hate speech or symbols.
• Visual depictions or explicit descriptions of sex and nudity, including sexual advances and solicitation, and offers of sexual services.
• Promoting illegal conduct.
• Hoaxes, malware, and pyramid schemes.
• Infringing the intellectual property rights of others.
• Disrupting the experience of other users.

2.3 Quotas and Limits

icōd.ai may establish usage quotas and limits that govern your usage of the platform, including but not limited to AI generation requests, computing resources, storage, and data transfer. You agree to follow these quotas and limits as they are defined by icōd.ai.

3. Content on icōd.ai

3.1 Your Content and Ownership

When you submit prompts or content to the Service to generate applications, you affirm that you hold all of the rights to the inputted content or have obtained all necessary permissions. Except as provided in these terms, you retain any and all of your rights to any content you submit, generate, post, or display on or through the Service, and you are responsible for protecting those rights.

To provide the Service, you grant icōd.ai the right to copy, display, distribute, perform, reformat, and modify your content as necessary, and the right to sublicense such rights to any third-party provider (such as cloud hosts or GitHub) for the Service.

3.2 Public Apps and AI Training

Content you publish as a public App may be viewed, copied, or "forked" by other users. If you link your GitHub account, icōd.ai will create a repository and push your generated code directly to a default branch (custom branching is not currently supported). It is your responsibility to ensure your repository visibility settings meet your needs.

Content published in public Apps and interactions with our AI may be used by icōd.ai for improving the Service, including but not limited to developing or training large language models, both during and after the term of this agreement. (Exception: If you are an Enterprise plan customer, your data is explicitly exempt from being used to train our AI models).

3.3 Private Apps

Content in private Apps is not made available to the public. However, you also grant icōd.ai the right to display, distribute, and modify your content as necessary to provide the Service.

icōd.ai reserves the right to access the content of your private Apps for the purpose of troubleshooting, improving our service, and ensuring the safety and security of the Service.

3.4 Third Party Content

Content on the Service originates from various sources and is made accessible for your use on the Service only. You acknowledge that your access and use of this content is at your own risk.

3.5 icōd.ai Ownership

icōd.ai owns and retains all right, title, and interest in and to the Service, the underlying AI models, related software, all improvements, enhancements or modifications thereto, and all intellectual property rights associated with the foregoing. Except for the limited access rights expressly granted to you in these Terms, you obtain no rights to the Services or intellectual property rights by implication, estoppel, or otherwise. You must not use the trademarks, trade dress, or other intellectual property of icōd.ai without our prior written consent.

3.6 Data Protection and Privacy

Your privacy is important to us. As explained in our Privacy Policy, which is part of these Terms, we collect, use, and share your personal information and usage data to provide and improve the Service, communicate with you, and for security purposes. We comply with applicable privacy laws, including GDPR and CCPA. By using the Service, you consent to such processing, acknowledge your responsibilities as a Data Controller for your end-users' data under our DPA, and warrant that all data provided by you is accurate.

3.7 Copyright Violations

icōd.ai takes copyright infringement seriously. If you believe that your copyright has been violated on the platform, please promptly notify us of the infringement following the procedure established under the Digital Millennium Copyright Act (DMCA) by emailing feedback@icōd.ai.

4. Purchases

4.1 Subscription Services

You may acquire subscription services from icōd.ai to add additional features or AI compute limits to your account. Your subscription will automatically be rebilled at the end of your subscription term via our third-party payment processor, Stripe, at the then-currently applicable rates. Prices are subject to change at the end of a subscription term.

4.2 Pricing and Usage Fees

For details of current pricing, consult our pricing page, which may be updated from time to time. You may incur additional usage fees if you exceed the AI generation or hosting limits associated with your account or current plan. You are responsible for the payment of these fees, which may be automatically billed to your credit card or payment method associated with your account. Your account may be limited or terminated if not paid.

4.3 Refunds

We allow for full refunds for subscription payments made within 30 days of purchase. However, Usage-Based Billing (UBB) charges—including excess AI generation compute or hosting bandwidth—are non-refundable, as they reflect metered usage that has already occurred. Refunds are only available for the most recent subscription charge and do not apply to partial usage or past billing cycles. To request a refund, contact support@icod.ai.

4.4 Purchase of AI Credits

icōd.ai may provide the option to acquire AI Credits or tokens for accessing generation features on the Service. Credits have no cash value and are not refundable or redeemable for cash.

5. Notices, Changes, and Termination

5.1 Modification of Terms and Conditions

icōd.ai reserves the right in its sole discretion to modify or replace these terms and conditions at any time by updating these Terms. It is your responsibility to regularly review the terms to ensure that you are aware of any changes. Continued use of the Service after any modifications implies your acceptance of the new terms.

5.2 Service Announcements

You consent to receiving Service announcements and updates from icōd.ai via email or from within the Service. These announcements may include information about new features, changes, pricing updates, or important updates regarding your account.

5.3 Account Termination

Upon termination, your right to use the Service will cease immediately. If you wish to delete your account, you may request account deletion by contacting support@icod.ai. Upon account deletion, we will delete your stored data in accordance with our data retention policy and applicable law.

icōd.ai holds, in its sole discretion, the right to suspend or terminate your account. This may occur for various reasons, including violations of these Terms, prohibited conduct, inactivity, or actions detrimental to the platform. In such cases, icōd.ai will not refund fees that you have already paid.

5.4 Survival

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

5.5 Deprecation of Service Features

icōd.ai reserves the right to modify, deprecate, or remove features of the Service at any time and for any reason; icōd.ai will not refund any fees paid.

6. Limitations and Disclaimers

6.1 Content and AI Accuracy

The Service may contain errors, inaccuracies, or omissions in the content provided. Code generated, suggested, or modified by our AI systems may be erroneous, insecure, or incomplete. We reserve the right to correct such errors at any time to improve the quality of the platform, but accept no responsibility or liability for the accuracy, security, or functionality of code and content generated on the Service.

6.2 Use at Your Own Risk

Your use of icōd.ai is entirely at your own risk. icōd.ai disclaims any responsibility for any loss or damage that may result from your use of the platform. You acknowledge that you are using icōd.ai with the understanding that AI-assisted software generation comes with inherent risks.

6.3 Disclaimer of Warranties

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

icōd.ai, its subsidiaries, affiliates, and its licensors do not warrant that (a) the Service will function uninterrupted, be error-free, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; (d) the results of using the Service will meet your requirements; or (e) that the Service and/or any content made available through the Service will be accurate or complete.

6.4 Limitation of Liability

To the maximum extent permitted by law, icōd.ai will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; (c) any content obtained from the Service; and (d) unauthorized access, use, or alteration of your transmissions or content. icōd.ai assumes no liability or responsibility for any errors, mistakes or inaccuracies of content, any personal injury or property damage resulting from your access to and use of the Service, any unauthorized access to our Service, any bugs, viruses, or malicious software transmitted to or through our Service by any third party, and/or any loss or damage of any kind incurred as a result of the use of the Service.

6.5 Indemnification

You are responsible for any claims against icōd.ai regarding your use of the Service (including claims made by end-users of the applications you build). By using the Service, you agree to indemnify and hold icōd.ai harmless from any loss or damage incurred by icōd.ai as a result of your use of the platform. This includes legal costs and expenses related to any actions, claims, or disputes arising from your use of the Service.

7. General Terms

7.1 Feedback and Suggestions

Any feedback, comments, ideas, improvements, or suggestions (collectively, “Suggestions”) provided by you to icōd.ai with respect to the Service will remain the sole and exclusive property of icōd.ai. icōd.ai will be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

7.2 Jurisdiction

These Terms are governed by the laws of the State of Florida. Any disputes under this agreement will be resolved in a court of general jurisdiction in Florida. You hereby expressly agree to submit to the exclusive personal jurisdiction of this jurisdiction for the purpose of resolving any dispute relating to this agreement.

7.3 Entire Agreement

These Terms are the parties’ entire agreement regarding its subject matter and supersede any prior or contemporaneous agreements regarding its subject matter.

7.4 Severability

If any provision of these Terms is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the parties will modify or reform the Terms to give as much effect as possible to that provision. Any provision that cannot be modified or reformed in this way will be deemed deleted and the remaining provisions of these Terms will continue in full force and effect.

7.5 Assignment of Rights

icōd.ai reserves the right to assign its rights to another party at its discretion. However, you may not assign or transfer your rights or obligations under these Terms without prior written consent from icōd.ai.

7.6 Third-Party APIs (Google & GitHub)

icōd.ai's use and transfer of information received from Google APIs (e.g., for Single Sign-On) to any other app is subject to our Privacy Policy and will adhere to Google's API Services User Data Policy, including the Limited Use requirements. Furthermore, interactions with GitHub APIs to push and manage code repositories are governed by GitHub's applicable Terms of Service.

7.7 Contact

If you have any questions about these Terms, please contact support@icod.ai.

icōd.ai LLC

2500 Quantum Lakes Drive, Suite 203, Boynton Beach, FL 33426