Terms of Service

1. Acceptance of Terms

By accessing and using the BuildCycle platform and website (the "Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this Service.

These Terms of Service ("Terms") govern your access to and use of BuildCycle, operated by ByteSmoke GmbH ("we," "our," or "us").

2. Description of Service

BuildCycle is a software development platform that combines AI automation with strategic human oversight to accelerate software development processes. The Service includes:

• AI-powered code generation and automation tools
• Project management and workflow automation
• Integration with various development tools and services
• Collaboration features for teams

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.

3. User Accounts and Registration

To access certain features of the Service, you may be required to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You are responsible for maintaining the confidentiality of your account and password. We are not liable for any loss or damage arising from your failure to protect your account information.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others, including intellectual property rights
• Transmit any malicious code, viruses, or harmful data
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers connected to the Service
• Use the Service to generate content that is illegal, harmful, or violates third-party rights
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated systems to access the Service without our prior written consent

We reserve the right to suspend or terminate your access to the Service if you violate these Terms or engage in any prohibited activities.

5. Intellectual Property

The Service and its original content, features, and functionality are owned by ByteSmoke GmbH and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You retain ownership of any content, code, or materials you create using the Service. However, by using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of providing and improving the Service.

You may not copy, modify, distribute, sell, or lease any part of the Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

6. AI-Generated Content

BuildCycle uses artificial intelligence to generate code and other content. You acknowledge and agree that:

• AI-generated content may not always be accurate, complete, or suitable for your specific needs
• You are responsible for reviewing, testing, and validating all AI-generated content before use
• You should not rely solely on AI-generated content without appropriate human oversight and verification
• We are not liable for any errors, omissions, or issues arising from AI-generated content

You are responsible for ensuring that any code or content generated using the Service complies with applicable laws, regulations, and industry standards.

7. Payment and Billing

Certain features of the Service may require payment. By subscribing to a paid plan, you agree to:

• Pay all fees associated with your selected plan
• Provide accurate billing information
• Authorize us to charge your payment method for all applicable fees

Fees are billed in advance on a monthly or annual basis, as applicable. All fees are non-refundable unless otherwise stated or required by law.

We reserve the right to change our pricing with 30 days' notice. If you do not agree to the new pricing, you may cancel your subscription before the changes take effect.

8. Cancellation and Termination

You may cancel your account at any time through your account settings or by contacting us. Upon cancellation:

• Your access to the Service will continue until the end of your current billing period
• You will not be charged for subsequent billing periods
• Your data may be deleted in accordance with our data retention policies

We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent or illegal activities, or fail to pay applicable fees.

Upon termination, your right to use the Service will immediately cease. We are not obligated to provide any refunds or compensation for termination.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, secure, or error-free, or that defects will be corrected. We do not warrant or make any representations regarding the use or results of the Service in terms of accuracy, reliability, or otherwise.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BYTESMOKE GMBH, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE.

Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless ByteSmoke GmbH, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Service
• Your violation of any term of these Terms
• Your violation of any third-party right, including intellectual property rights
• Any content or data you submit, post, or transmit through the Service

11. Privacy

Your use of the Service is also governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your information.

By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on this page and updating the "Last updated" date.

Your continued use of the Service after any changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Service.

We recommend that you review these Terms periodically to stay informed of any updates.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.

Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Frankfurt am Main, Germany.

If you are a consumer residing in the European Union, you may also be entitled to use the online dispute resolution platform provided by the European Commission.

14. Contact Information

If you have any questions about these Terms of Service, please contact us:

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ByteSmoke GmbH regarding your use of the Service and supersede all prior agreements and understandings, whether written or oral.