Terms of Service

1. This agreement

These Terms of Service (the "Terms") are a contract between you and AI AIDE LLC ("AI AIDE", "we", "us"), a Texas limited liability company. They cover Co-Create: the website at co-create.build, the Co-Create web app, the Co-Create apps for iPhone and Android, and every feature, assistant, build, hosting and support service we provide through them (together, the "Service").

These documents are part of the Terms and you agree to them too:

• Credits & Billing Terms
• AI Terms
• Additional Product Terms, for the features they cover
• Promotions Terms, when you take part in an offer
• Cancellation & Refund Policy
• The AI AIDE Usage Policy and Copyright & DMCA Policy

Our Privacy Policy explains how we handle personal information, and the Data Retention & Deletion page explains how long we keep things. If two of these documents conflict, the more specific one wins for its subject, except that Section 17 (disputes) always controls how disputes are resolved.

You accept the Terms by ticking the box or tapping the button that says you agree, when you create an account, start a plan, or buy credits, or by using the Service. If you do not agree, do not use the Service.

2. Who can use Co-Create

You must be at least 18 years old and able to form a binding contract, and you must not be barred from using the Service under the laws that apply to you, including US export control and sanctions laws.

If you use Co-Create for a company or other organization, you confirm you have authority to accept these Terms for it. "You" then means that organization and you, and it is responsible for everyone who uses the Service under its accounts.

3. Your account

Give us accurate information and keep it up to date. Keep your password and sign-in methods private, use two-step sign-in where it is offered to you, and tell us promptly at cyberdesigner@aiaide.io if you think your account has been used without your permission. You are responsible for everything that happens under your account, including actions taken by collaborators you invite and by the AI assistants acting on your requests. One person may have one trial; do not share an account or create extra accounts to get more trials, credits or rewards.

4. The Service, and changes to it

Co-Create helps you plan, design, build and run software with the help of artificial intelligence. It can ask questions, draft plans and designs, write and change code, run builds, host previews and live versions of your apps, and take actions you ask its assistants to take.

The Service changes often. We may add, change, limit or remove features, models, providers, plan limits and prices at any time. If a change materially reduces what you have already paid for, we will try to give you reasonable notice, and your remedy is to cancel under the Cancellation & Refund Policy.

Beta and preview features. Some features are labelled beta, preview, early access, experimental or similar, or are offered to testers only. They are provided as they are, may not work, may change or end without notice, and are excluded from any commitment we make about the Service.

5. Availability and support

We work to keep the Service available, but we do not promise any level of uptime, response time or support unless we sign a separate written agreement with you that says so. The Service depends on other companies' systems (Section 13), may be interrupted for maintenance, upgrades or emergencies, and may be slow or unavailable at times. Our status page is information only and is not a promise of availability. Support is offered by email at cyberdesigner@aiaide.io and in the app, on a reasonable-efforts basis.

6. Plans, payments and credits

• Trial. A new subscription starts with a 7-day free trial. A payment method is required. If you do not cancel before the trial ends, your plan starts and you are charged.
• Subscription. Your plan ($80 a month or $700 a year, plus applicable taxes, unless the checkout shows a different price) renews automatically at the end of each period until you cancel. You authorize us and our payment processors to charge your payment method for each renewal. Prices may change with at least 30 days' notice before the renewal they apply to.
• Credits. Building, hosting and many AI features use credits. Credits are a limited license, not money or property, have no cash value, expire 12 months after they are granted or bought, and are forfeited when an account is closed or terminated. Credits used for work that fails or is stopped are not refunded. The full rules are in the Credits & Billing Terms.
• Taxes. Prices do not include taxes unless stated. You pay any sales, use or similar taxes that apply.
• App store purchases. Purchases made in the iPhone or Android app are processed by Apple or Google under their terms, and you manage them in your store account.
• Refunds. Payments are non-refundable except as the law requires or as the Cancellation & Refund Policy says.
• Failed or disputed payments. If a payment fails or is disputed, we may pause paid features, apps and hosting until it is resolved, and the Credits & Billing Terms explain what happens to related credits.

7. Your content and your apps

You own your content. "Your Content" means what you put into the Service (ideas, text, voice recordings, images, files, code, keys and data) and, as between you and us, what the Service produces for you ("Output"), including the code of the apps built in your projects. The AI Terms say more about Output.

The license you give us. You give AI AIDE a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, adapt (for example, reformat or summarize) and display Your Content, only as needed to provide, secure, support and improve the Service for you and to comply with the law. This includes sending it to the AI and infrastructure providers that power the Service. The license ends when Your Content is deleted from the Service, except for copies in backups until they expire and anything we must keep by law.

Your responsibility. You confirm you have the rights you need in Your Content, and that it and your use of the Service follow the law and our Usage Policy. You are responsible for your apps: what they do, the content they show, whether they are fit for their purpose, and whether they comply with the laws, platform rules and app store rules that apply to them.

Your apps' users. If people other than you use an app you build, you are the provider of that app to them, not us. You are responsible for your relationship with them, including giving them any terms, privacy notice and consents the law requires, handling their data lawfully, and answering their requests and complaints. We do not have a contract with your apps' users, and nothing in these Terms gives them rights against us.

Sharing. Collaborators you add to a project can see and change what is in it. Anything you publish (for example, a Live app, a showcase entry or a leaderboard handle) can be seen by anyone.

8. Your data: keep your own copies

Co-Create is a tool for creating and running software. It is not a storage, archive or backup service. We take reasonable measures to protect and keep your content, and we describe them on the Data Retention & Deletion page, but we do not promise that any content will be kept, recoverable or free of corruption. That includes chats and their history, voice notes and transcripts, Slop, Stacks and Output documents, mockups, screenshots, files, app code, app databases and their users' data, and AI Output.

You are responsible for keeping your own copies of anything that matters to you. You can download your apps' code, export your project documents from Settings, and keep copies of anything else you put into the Service. Live collaboration can merge or overwrite edits when several people change the same thing at once, and features such as restore points, app data backups and rollback are conveniences provided on a best-effort basis.

If content is lost or damaged, our only obligation is to make commercially reasonable efforts to restore it from any backup we happen to hold. This section is part of the limits in Section 15.

9. AI features and their output

AI makes mistakes. Questions, plans, designs, code, answers and actions produced by the Service may be wrong, incomplete, insecure, biased, offensive, or similar to what other people receive, and an assistant may misread what you asked. You must review Output and anything an assistant does before relying on it, and you decide whether to approve, publish or use it. Do not rely on the Service for medical, legal, financial, safety or other professional advice. The AI Terms give the details.

10. Acceptable use

Use the Service lawfully and as our Usage Policy allows. Without our written permission, do not: copy, resell, sublicense or offer the Service to others as a service; reverse engineer or extract its source code, prompts or models, except where the law allows despite this limit; use it to build a competing product by copying it; get around its limits, credit metering, plan limits or security; scrape it or access it by automated means other than features we provide; or interfere with its operation. We may investigate suspected misuse and work with authorities.

11. Integrations, keys and connected accounts

You may connect outside services to the Service or to your apps, for example a GitHub account, your own AI provider key, or an API key for a service your app uses. When you do, you authorize us to use that connection on your behalf for the features you use, and you are responsible for your agreement with that provider, its fees, and keeping the credentials valid. We store keys you give us in encrypted form and use them only to run the features they are for. Charges a provider makes for your key or account are yours, including charges caused by your apps or by builds you approved.

When you connect a key to an app, the code built for that app in builds you approve uses it to call the provider, and anyone who uses your app can cause those calls. Set a spending limit with the provider where it offers one.

We protect a key as a key only when you enter it in a field made for keys, such as an app's Integrations or your Settings. A key you put anywhere else, for example in a chat message, a project document, a bullet or your app's code, is stored like the rest of that content, can be seen by anyone who can see that content, and is yours to remove and replace. We hide keys we recognize in notification previews and other copies of chat messages, but we cannot promise to recognize every key.

If we believe a key or connection you gave us may have been exposed, we will tell you, by email or in the app, which providers' keys to replace, and you agree to replace (rotate) them promptly.

12. Our rights in the Service, and feedback

AI AIDE and its licensors own the Service, including its software, design, templates, documentation and brands. We give you a limited, revocable, non-exclusive, non-transferable right to use the Service under these Terms. Starter templates and sample code we provide may be used in your apps under the license that comes with them, or, if none does, as part of your apps.

If you send us ideas, suggestions or feedback, we may use them without restriction or payment to you.

13. Other companies' services

The Service relies on other companies' services, including AI model providers, cloud hosting and databases, code hosting, payments, email, text messaging, push notifications and app stores. We are not responsible for their services, outages, changes or policies, and when you use their products directly, their terms apply. Links to other websites are provided for convenience only.

14. Disclaimers

THE SERVICE, OUTPUT AND EVERYTHING PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, AI AIDE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT, AND ANY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE OR OUTPUT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR ACCURATE, THAT CONTENT WILL BE KEPT OR NOT BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY APP BUILT WITH THE SERVICE WILL WORK, BE ACCEPTED BY AN APP STORE, OR MEET YOUR NEEDS.

15. Limits on our liability

TO THE FULLEST EXTENT THE LAW ALLOWS: (A) AI AIDE AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS, LOSS, CORRUPTION OR UNAVAILABILITY OF DATA OR CONTENT (INCLUDING CHATS, DOCUMENTS, CODE AND APP DATA), LOSS OF THE VALUE OF CREDITS, BUSINESS INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED THAT THEY WERE POSSIBLE; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE FIRST CLAIM, OR US$50.

These limits apply even if a remedy fails of its essential purpose, and they are an essential part of the bargain between us: our prices would be higher without them. Some places do not allow some of these exclusions; in those places they apply only as far as the law allows, and nothing in these Terms limits liability that cannot be limited by law, such as for fraud.

16. Indemnity

You will defend, indemnify and hold harmless AI AIDE and its members, managers, employees and contractors from and against claims, losses, damages, fines and costs (including reasonable legal fees) arising from Your Content, your apps and their users, your keys and integrations, your use of the Service, or your breach of these Terms or the law. We may take control of the defence of a claim at our cost, and you will not settle a claim that affects us without our written consent.

17. Disputes: informal resolution, arbitration and class waiver

Please read this section carefully. It requires you and AI AIDE to resolve most disputes by individual arbitration instead of in court, and to give up class actions and jury trials. You can opt out within 30 days (Section 17.7).

17.1 Try to resolve it first

Before starting arbitration or a court case, the party with the dispute must send the other a written notice by email describing the dispute and the relief sought. Send yours to cyberdesigner@aiaide.io from the email address on your account; we will send ours to that address. The parties will try in good faith to resolve the dispute for 60 days after the notice is received, and either may ask for a call during that time. Any time limit for bringing the claim is paused during those 60 days.

17.2 Binding individual arbitration

If the dispute is not resolved, any dispute, claim or controversy between you and AI AIDE arising out of or relating to these Terms, the Service, credits, billing, or your content (a "Dispute"), including whether a Dispute must be arbitrated, will be resolved by final and binding arbitration before a single arbitrator. The arbitration is administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules if you use the Service mainly for personal purposes, and otherwise under its Commercial Arbitration Rules, in each case together with the AAA Mass Arbitration Supplementary Rules where they apply. The rules are at adr.org. The Federal Arbitration Act governs this section.

The arbitration will take place in Dallas County, Texas, or by video or written submissions if the arbitrator allows, and for claims under US$10,000 the party bringing the claim may choose a decision on written submissions alone. Payment of filing and arbitrator fees follows the AAA rules. The arbitrator may award the same individual relief a court could, but only to the individual party and only as needed for that party's individual claim. Judgment on the award may be entered in any court with jurisdiction.

17.3 What does not have to be arbitrated

Either party may bring an individual claim in small claims court if it qualifies and stays there. Either party may ask a court for an injunction or other equitable relief to stop infringement or misuse of intellectual property, or unauthorized access to or abuse of the Service.

17.4 No class actions, no jury

YOU AND AI AIDE EACH AGREE TO BRING DISPUTES ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING, INCLUDING CLASS ARBITRATION, AND, TO THE EXTENT THE LAW ALLOWS, NOT AS A PRIVATE ATTORNEY GENERAL. YOU AND AI AIDE EACH WAIVE THE RIGHT TO A TRIAL BY JURY.

If a court decides that this class waiver cannot be enforced for a particular claim or request for relief, that claim or request (and only it) will be decided by a court under Section 17.8, after the individual claims are arbitrated, and never in class arbitration.

17.5 Many similar claims

If 25 or more similar Disputes are brought against AI AIDE by or with the help of the same or coordinated lawyers or organizations, they will be administered in batches under the AAA Mass Arbitration Supplementary Rules, and the parties will cooperate to resolve them efficiently. Any time limit for the Disputes in a later batch is paused until that batch begins.

17.6 One year to bring a claim

To the extent the law allows, any Dispute must be started (by notice under Section 17.1) within one year after the facts giving rise to it occurred, or it is permanently barred.

17.7 Your right to opt out

You may opt out of arbitration and the class waiver by emailing cyberdesigner@aiaide.io within 30 days after you first accept these Terms (or this version of them, if you first accepted an earlier one). Write "I opt out of arbitration", and include your name and the email address on your account. Opting out does not affect any other part of the Terms. If you opt out, Disputes are decided by a court under Section 17.8.

17.8 Courts and governing law

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law rules, except that the Federal Arbitration Act governs Section 17. Any Dispute not arbitrated will be brought only in the state or federal courts located in Dallas County, Texas, and you and AI AIDE consent to their jurisdiction and venue.

17.9 Changes to this section

If we change this Section 17, the change will not apply to any Dispute of which either party already gave notice before the change took effect.

18. Ending the agreement

By you. You can cancel your plan at any time (see the Cancellation & Refund Policy) and delete your account in Settings or at co-create.build/delete-account.

By us. We may suspend or end your access to all or part of the Service, remove content, or pause or take down apps, with or without notice, if you breach these Terms or the Usage Policy, if a payment fails or is disputed, if we must for legal, security or safety reasons, if your use creates risk or harm for us or others, or if we stop offering the Service. Where it is reasonable and allowed, we will tell you why. If we stop offering the Service entirely for reasons other than your breach, we will try to give at least 30 days' notice so you can download your code and data.

What happens next. When your account is closed or terminated, your right to use the Service ends, unused credits are forfeited, your apps stop being hosted, and your content is deleted as described on the Data Retention & Deletion page. Sections that by their nature should continue survive, including Sections 6 (for amounts owed), 7, 8, 12 and 14 to 21.

19. Changes to these Terms

We may update these Terms. If a change is material, we will tell you in the app or by email at least 14 days before it takes effect, except for changes needed for legal or security reasons, which may take effect sooner. The date at the top of this page shows the current version, and we keep past versions available on request. By continuing to use the Service after a change takes effect you accept it; we may also ask you to accept it explicitly. If you do not agree to a change, stop using the Service and cancel your plan.

20. Notices

We may send notices to the email address on your account or through the app, and they count as received when sent. You send notices to us, including legal notices, Dispute notices and arbitration opt-outs, by email to cyberdesigner@aiaide.io. You agree that electronic notices and records satisfy any requirement that they be in writing.

21. General terms

• Whole agreement. These Terms and the documents they include are the whole agreement between you and AI AIDE about the Service and replace earlier ones, unless we have signed a separate written agreement with you that says it controls.
• Assignment. You may not transfer these Terms without our written consent. We may transfer them, for example in a merger, acquisition or sale of assets.
• Severability. If any part of these Terms cannot be enforced, the rest stays in effect, and that part is enforced as far as possible.
• No waiver. Not enforcing a right now does not waive it.
• Events outside our control. We are not liable for delays or failures caused by events beyond our reasonable control, including outages of providers we rely on, internet failures, attacks, natural disasters, war, labor disputes or government action.
• Independent parties. Nothing in these Terms creates a partnership, employment or agency relationship.
• No third-party beneficiaries. No one other than you and AI AIDE has rights under these Terms.
• Apple. If you use the iPhone app, Apple is not a party to these Terms and is not responsible for the app or its support, but Apple and its subsidiaries are third-party beneficiaries of these Terms for the iPhone app and may enforce them against you.
• Export and sanctions. You will comply with US export control and sanctions laws in using the Service and your apps.
• Headings and words. Headings and summaries are for convenience. "Including" means "including without limitation".