Terms of Service

These Terms of Service ("Terms") are an agreement between you and Tuxidea Inc. ("Tuxidea," "we," "us") governing your access to and use of the Tuxidea AI website control plane and related services (the "Service"). By creating an account, or by continuing to use the Service after being asked to accept an updated version of these Terms, you agree to be bound by them. If you don't agree, don't use the Service.

If you're accepting these Terms on behalf of an organization, you're representing that you have the authority to bind that organization, and "you" refers to that organization as well as you individually.

Tuxidea AI lets you describe changes you want made to your website in plain language. An AI agent interprets the request and makes the corresponding changes in a staging environment; you (or someone in your organization with the right permissions) review and approve the change before it goes live on your production site. Tuxidea AI also provides site hosting, form capture, analytics, SEO tooling, and related add-ons described on our pricing page.

Tuxidea AI is a tool that assists in making changes to your site. It does not replace your own judgment about what should appear on it. You're responsible for reviewing any staged change before approving it to production.

You must provide accurate information when creating an account and keep your login credentials confidential. You're responsible for all activity that happens under your account, including actions taken by anyone you've invited into your organization. Tell us right away if you suspect unauthorized access to your account.

You agree not to use the Service to:

• Host, request, or publish content that is illegal, fraudulent, defamatory, or infringes someone else's intellectual property or other rights;
• Distribute malware, phishing content, or anything designed to compromise the security of another system;
• Use the AI agents to attack, scan, or gain unauthorized access to third-party systems;
• Attempt to circumvent usage limits, billing, or metering, or resell access to the Service without our written agreement;
• Interfere with or disrupt the integrity or performance of the Service, or attempt to reverse-engineer any part of it beyond what applicable law expressly permits;
• Use the Service in a way that violates any applicable law or regulation.

We may suspend or terminate accounts that violate this section, with or without notice depending on severity.

You retain ownership of the content and code that make up your website, including changes generated on your behalf by the Service. You grant Tuxidea a limited license to host, process, and transmit that content as needed to operate the Service, including sending relevant parts of it to third-party AI providers (see Section 7) to generate the changes you request.

AI-generated changes are provided on an "as-is" basis. We don't guarantee that a change will be free of errors, will exactly match what you intended, or will be fit for any particular purpose. That's why changes stage for your review before going live: approving a change to production is your decision, and you're responsible for checking it first.

If your website collects information from its visitors, you're responsible for having the right to collect it, telling your visitors what you collect and why (for example, in your own privacy notice), and handling their requests. Don't use forms, Site Data or other features to collect passwords, full payment card numbers, government ID numbers or health information. Our Privacy Policy explains how we handle this information on your behalf.

Paid tiers, add-ons, and prepaid credit top-ups are billed through our payment processors (currently Stripe and/or PayPal), on the pricing terms shown to you at the time of purchase. Subscriptions renew automatically until cancelled. Except where required by law or stated otherwise at the time of sale, fees are non-refundable. We may change our pricing prospectively with reasonable notice; changes won't apply retroactively to a period you've already paid for.

Operating the Service relies on third-party providers, including but not limited to: Stripe and PayPal (payments), GitHub (source control for your site's code), and AI model providers such as Google, Anthropic, OpenAI, and Devin/Cognition (used to generate the changes you request). Your use of the Service means relevant content (including parts of your site and the text of your requests) may be transmitted to these providers to deliver the Service. See our Privacy Policy for more detail.

You may stop using the Service and close your account at any time from your profile settings. We may suspend or terminate your access if you materially breach these Terms, including for non-payment, and will make reasonable efforts to notify you first except where immediate action is needed to protect the Service or other users.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TUXIDEA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. TUXIDEA'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

We may update these Terms from time to time. If we make a material change, we'll ask you to accept the updated Terms the next time you sign in before you can keep using the Service. Continuing to use the Service after accepting an update means you agree to it.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-law principles.

Questions about these Terms? Contact us through the support options available in your account, or at the email address listed in your welcome message.