Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between you and Factorly (“Factorly,” “we,” “us,” or “our”) governing your access to and use of the Factorly websites, applications, APIs, and related services (collectively, the “Service”).

By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree, you must not access or use the Service.

If you use the Service on behalf of an organization, you represent that you are authorized to accept these Terms on that organization’s behalf, and “you” refers to that organization.

Factorly is an AI application builder. You describe what you want in natural language, and an AI agent plans the work, writes and edits source code, runs commands in a sandboxed environment, and shows you a live preview of the resulting application. The Service also provides a code workspace (editor and terminal), version checkpoints and rollback, deployment with optional custom domains, encrypted secrets, and one-click export of your code to GitHub.

The Service is provided on an “as available” basis and is under active development. We may add, change, or remove features, models, supported stacks, and limits at any time. We may also impose or adjust usage limits (for example, build credits or concurrent apps) as described in your plan.

Eligibility

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to use the Service. By using the Service you represent that you meet this requirement and that you are not barred from receiving the Service under applicable law (including export control and sanctions laws).

Your account

You are responsible for the information you provide when registering and for keeping it accurate. You are responsible for safeguarding your credentials and for all activity that occurs under your account. Notify us promptly at [email protected] if you suspect unauthorized use of your account.

You may authenticate using a third-party identity provider. Your use of that provider is governed by its own terms, and you authorize us to access basic profile information from it to operate your account.

Plans

The Service is offered under several plans — currently Free, Pro, Team, and Enterprise — as described on our Pricing page. Each plan includes a set of features and usage allowances (such as build credits, number of concurrent apps, private projects, and support level). Paid plans may be billed monthly or annually.

Build credits

Agent work on the Service consumes build credits. Each turn in which the agent plans, writes files, runs commands, and checks the result draws from your plan’s allowance; larger, multi-step builds consume more than lightweight edits. Unless your plan states otherwise, monthly build credits reset at the start of each billing cycle and do not roll over.

Auto-renewal

Paid subscriptions automatically renew at the end of each billing period (monthly or annual) at the then-current rate, using your payment method on file, until you cancel. You authorize us and our payment processor to charge your payment method on a recurring basis. You can cancel at any time from your billing settings; cancellation takes effect at the end of the current billing period, and you retain access to paid features until then.

Upgrades, downgrades & taxes

Upgrades take effect immediately and may be prorated. Downgrades take effect at the end of the current billing period. Fees are exclusive of taxes; you are responsible for any applicable taxes, and we will charge tax where required. Prices may change, and we will give advance notice of price changes that affect a renewal.

Refunds

Except where required by law, fees are non-refundable. As a courtesy, if you are not satisfied you may contact [email protected] within 14 days of a charge and we will consider a refund of the most recent payment on a case-by-case basis; annual plans may be refunded on a prorated basis for unused, unconsumed months. Consumed build credits are not refundable.

Free plan

The Free plan is provided without charge and may have reduced limits. We may modify or discontinue the Free plan at any time. We may also suspend or limit free accounts that we reasonably believe are abusing the Service or its compute resources.

You agree to use the Service responsibly and lawfully. You are responsible for the applications you build and operate with the Service and for the conduct of anyone using your account. You must not, and must not permit others to:

• Use the Service to build, host, or distribute anything illegal, harmful, deceptive, infringing, or that violates the rights of others;
• Generate or deploy malware, spyware, phishing pages, spam tooling, credential harvesters, or applications designed to defraud or harm users;
• Create content or applications that exploit or endanger minors, promote violence or self-harm, or facilitate harassment, hate, or discrimination;
• Abuse the AI or compute infrastructure — for example, by attempting to circumvent build-credit, rate, or concurrency limits; running cryptocurrency mining or other disproportionate workloads; or using automated means to place excessive load on the Service;
• Attempt to extract, reverse engineer, or replicate the underlying models, prompts, or systems, or use the Service’s output to train a competing model, except to the extent this restriction is prohibited by law;
• Probe, scan, or test the vulnerability of the Service, or breach or circumvent any security or authentication measures, without our prior written permission;
• Upload or process data you do not have the right to use, or submit sensitive personal data into projects without an appropriate legal basis and safeguards;
• Resell, sublicense, or provide the Service to third parties except as expressly permitted by your plan.

We may investigate suspected violations and may remove content, throttle or disable functionality, or suspend or terminate accounts that violate this policy, as described in the Termination section below.

Ownership

You retain all rights to the prompts, instructions, files, data, and other materials you submit to the Service (“Input”) and, as between you and Factorly, to the source code, projects, and applications generated for you through the Service (your “Code”, and together with Input, “User Content”). We claim no ownership of your User Content. You can export your Code to GitHub at any time — there is no lock-in.

License you grant to us

You grant Factorly a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, and process your User Content, and to create derivative works of it (for example, building, compiling, and previewing your application), solely as necessary to provide, secure, maintain, and improve the Service for you and to comply with law. This license is limited to operating the Service and ends when you delete the relevant User Content or close your account, except for residual backups kept for a limited period and content we must retain to meet legal obligations.

Your responsibilities

You represent that you have all rights necessary to submit your User Content and to grant the license above, and that your User Content and its use through the Service do not violate these Terms or any law. You are responsible for maintaining your own backups; while we keep checkpoints and may keep backups, you should not rely on the Service as your sole copy of important Code or data.

The Service itself — including the Factorly software, websites, agent system, models we license or operate, user interface, documentation, and the Factorly name and logos — is owned by Factorly or its licensors and is protected by intellectual property laws. Except for the rights expressly granted to you in these Terms, we reserve all right, title, and interest in and to the Service.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms and your plan. You may not use our trademarks without our prior written permission. If you send us feedback or suggestions, you grant us a perpetual, royalty-free license to use them without restriction or obligation to you.

The Service uses artificial intelligence to generate code, text, configurations, and other output. AI output can be inaccurate, incomplete, insecure, or otherwise flawed, may not function as intended, and may inadvertently resemble existing material. Output is generated probabilistically and is not reviewed by us for correctness, security, legality, or fitness for any purpose.

You are solely responsible for reviewing, testing, and validating any output before relying on it or deploying it to production, including performing your own security, quality, and legal review. You should not treat AI output as professional advice. Given the nature of generative systems, similar or identical output may be generated for other users, and we make no representation that output is unique.

The Service relies on, and interoperates with, third-party products and infrastructure, which may include cloud hosting and compute (e.g., AWS), large language model providers (e.g., AWS Bedrock and other model vendors), source-control integrations (e.g., GitHub), and payment processing (e.g., Stripe). Your use of features that depend on a third-party service may be subject to that provider’s terms and policies.

We are not responsible for third-party services, their availability, or their acts or omissions. Links or integrations to third-party services do not imply our endorsement. If you connect a third-party account (such as GitHub), you authorize the related data exchange necessary to provide the integration.

Our Privacy Policy explains what personal data we collect, how we use and share it (including how prompts and code are processed by model providers to deliver the Service), the legal bases we rely on, and your rights. By using the Service, you acknowledge that your information will be handled as described in the Privacy Policy.

You may stop using the Service and close your account at any time. On closure, your paid subscription will not renew, and access continues until the end of the current billing period unless we are required to terminate it earlier.

We may suspend or terminate your access, in whole or in part, with or without notice, if we reasonably believe you have violated these Terms (including the Acceptable Use Policy), if required by law, to protect the Service or other users, or if your account is non-paying or inactive. Where practicable and lawful, we will give notice and an opportunity to cure.

Following termination, we may delete your User Content after a reasonable period. Please export any Code you wish to keep before closing your account. Sections of these Terms that by their nature should survive termination (including ownership, disclaimers, limitations of liability, indemnification, and governing law) will survive.

The Service and all output are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Service will be uninterrupted, secure, or error-free; that defects will be corrected; that the Service or any servers are free of harmful components; or that any output will be accurate, reliable, or fit for your purposes. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

To the fullest extent permitted by law, Factorly and its officers, directors, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or related to your use of (or inability to use) the Service or any output, even if advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability arising out of or related to these Terms or the Service will not exceed the greater of (a) the total amounts you paid to us for the Service in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100). These limitations are an essential part of the bargain between you and us. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

You agree to defend, indemnify, and hold harmless Factorly and its officers, directors, employees, and suppliers from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your User Content and the applications you build, deploy, or operate; (b) your use of the Service; (c) your violation of these Terms or any law; or (d) your violation of the rights of any third party. We may assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with us.

We may modify these Terms from time to time. If we make material changes, we will provide reasonable notice — for example, by posting the updated Terms with a new “Last updated” date and, where appropriate, by notifying you in the product or by email. Changes are effective when posted unless stated otherwise. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms; if you do not agree, you must stop using the Service.

These Terms are governed by the laws of [Governing jurisdiction], without regard to its conflict-of-laws rules. Subject to any non-waivable rights you have under the laws of your place of residence, you and Factorly agree that the courts located in [Governing jurisdiction] will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you consent to personal jurisdiction there.

Before filing a claim, you agree to first contact us at [email protected] and attempt in good faith to resolve the dispute informally. Any dispute-resolution mechanism (such as arbitration or a class-action waiver), and any required notice or limitation periods, are to be specified here by counsel for [Governing jurisdiction].

Questions about these Terms can be directed to our legal team at [email protected]. For privacy questions, see our Privacy Policy.

Factorly — [Legal entity name], [Registered address]. These details are placeholders to be completed for your entity.