Terms of service

These terms (the "Terms") govern your access to and use of the Openkody website, the Openkody command-line interface, the Openkody editor extensions, and any Openkody hosted plans (collectively, the "Service"). The Service is provided by Openkody Inc., a Delaware corporation ("Openkody", "we", "our", "us"). By using the Service, you agree to these Terms.

1. The components

The Openkody CLI and editor extensions are open-source software, licensed under Apache 2.0 and available on GitHub. The Openkody website and any hosted plans are services governed by these Terms.

2. Open-source license

Your use of the open-source components is governed by the Apache 2.0 license that ships with the source. Nothing in these Terms limits the rights granted to you under that license.

3. Accounts

You only need an account to use a hosted plan. If you create one, you agree to provide accurate information, to keep your credentials secure, and to notify us promptly of any unauthorized access. You are responsible for activity under your account.

4. Acceptable use

You may not use the Service to do anything illegal, infringing, or harmful. In particular, you agree not to:

• Use the Service in violation of applicable law.
• Attempt to circumvent the security of the Openkody hosted Service.
• Resell or repackage a hosted plan as your own product without a separate commercial agreement.

We may suspend or terminate access if we reasonably believe you are violating this section. We give advance notice whenever practical.

5. Fees and billing

The open-source CLI is free. Paid plans are billed in advance on the cadence shown at checkout. We may change pricing for hosted plans on 30 days' notice.

6. Your data

You retain ownership of your code and any content you submit to a hosted plan. The CLI processes your code locally; we do not receive it. For hosted plans, we process the data you provide only to operate the Service, in accordance with our privacy policy.

7. Intellectual property

Openkody retains all right, title, and interest in the Openkody name, logos, and the hosted Service, except for the rights expressly granted to you here and under the open-source license. You retain all right, title, and interest in your own content.

8. Contributions

If you submit a pull request to one of our public repositories, you do so under the Developer Certificate of Origin, which confirms you have the right to submit the contribution under the project's license.

9. Third-party services

Openkody works with third-party model providers and runtimes that you choose to configure. We are not responsible for the operation, availability, security, or fees of those third-party services. Your use of them is governed by their own terms.

10. Disclaimers

The Service is provided "as is" and "as available". To the maximum extent permitted by law, Openkody disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free.

11. Limitation of liability

To the maximum extent permitted by law, Openkody's aggregate liability arising out of or related to these Terms or the Service is limited to the amount you paid us in the twelve months preceding the claim. In no event will Openkody be liable for indirect, incidental, consequential, special, or exemplary damages.

12. Indemnification

You agree to defend, indemnify, and hold harmless Openkody from any claims arising out of your violation of these Terms, your misuse of the Service, or your violation of applicable law.

13. Term and termination

These Terms remain in effect for as long as you use the Service. You may stop at any time. We may suspend or terminate access if you breach these Terms or do not pay fees when due. The open-source license survives termination of these Terms.

14. Governing law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute will be brought exclusively in the state or federal courts located in Delaware, and each party consents to the personal jurisdiction of those courts.

15. Miscellaneous

These Terms, together with the privacy policy, constitute the entire agreement between you and Openkody regarding the Service. If a court finds any provision unenforceable, the rest will remain in effect. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger or sale of assets.

How to reach us

For questions about these Terms, write to legal@openkody.dev or to Openkody Inc., Delaware, United States.