Terms of Service

1. Eligibility

1.1. You must be at least 18 years old to use the Service. By using the Service, you represent that you are 18 or older.

1.2. The Service is currently offered only to users located in the United States. You represent that you are accessing the Service from within the United States. We do not currently offer the Service to users in the European Union, the United Kingdom, or other jurisdictions, and we make no representation that the Service complies with the laws of those jurisdictions.

1.3. You may hold one account per person or entity. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.

2. The Service

2.1. The Service allows you to describe an application you wish to build, review and approve a specification for that application, and have the Service generate, host, and (where you choose) export the resulting application code.

2.2. Before we build, you will review and approve a specification for each feature or unit of work (the "Spec"). The Spec defines what the Service will build. Your approval of a Spec is a condition of the build proceeding.

2.3. These Terms apply to all use of the Service, whether during a free beta period or a paid offering.

3. Credits and Payment

3.1. Access to certain features requires credits. Credits purchased by you do not expire.

3.2. Credits are non-refundable once consumed. Consumption occurs when the Service performs the work the credits pay for.

3.3. Promotional or bonus credits granted by Forjado may be subject to expiration or other conditions, which we will disclose when they are granted.

3.4. During any free beta period, some or all features may be provided without charge. We may begin charging for the Service, or change pricing, on prospective notice.

4. Build Guarantee and Free Fixes

4.1. We guarantee that a build will conform to its approved Spec. If a build does not conform to its approved Spec, we will fix the non-conformance at no charge, provided you report it within the fix window.

4.2. Fix window. The fix window for each build is the period stated in that build's approved Spec. The fix window is calculated at the time of delivery (when the Service completes the work) and is fixed for that build at that time. Changes to the standard fix window apply only to Specs approved after the change; they do not apply retroactively to builds already delivered.

4.3. What the guarantee covers. The guarantee covers only restoration of conformance to the approved Spec. A defect is covered only if it was introduced by Forjado's generated code. We determine this by provenance: each unit of work is committed by the Service and signed by us. If the failure traces to a commit authored by the Service, and the build otherwise qualifies, we will honor the guarantee.

4.4. What the guarantee excludes. The guarantee does not cover: (a) aesthetic preferences; (b) features or behavior not specified in the approved Spec; (c) changes of mind about what you want; (d) defects introduced by changes you or any third party made to the code, including any commits or merges made after Forjado's commit; or (e) any issue in code after it has been exported outside the Service. If you merge or modify code after our commit, we may decline to honor the guarantee for any resulting failure.

4.5. If you disagree with a guarantee determination, you may contact us at the address in Section 14.

5. Ownership of Generated Code

5.1. Your code. As between you and Forjado, and to the extent Forjado holds any right, title, or interest in the application code generated for you through the Service ("Your Code"), Forjado assigns that right, title, and interest to you. Forjado does not warrant that AI-generated output is subject to copyright or other ownership rights, and the assignment conveys only such rights as Forjado actually holds.

5.2. Open-source components. Your Code may incorporate third-party open-source components that are licensed under their own terms. Forjado does not own and cannot assign rights in those components. You are responsible for complying with the licenses governing any third-party open-source components included in Your Code.

5.3. License to Forjado. You grant Forjado a worldwide, non-exclusive, royalty-free license to host, run, store, reproduce, modify, and create derivative works of Your Code and your prompts and Specs, for the purposes of operating, providing, supporting, and improving the Service, and as further described in Section 6.

5.4. Forjado's platform. Forjado owns and retains all right, title, and interest in the Service, including the Forge, the Smith system, the build pipeline, prompts, models, infrastructure, and all related intellectual property. Nothing in these Terms grants you any right in the Service itself.

6. Learning and Improvement

6.1. Forjado uses customer data — including operational telemetry, the content of your prompts, and generated code — to operate and improve the Service.

6.2. Our commitment. We never expose your prompts, Specs, or code to other customers, and we never use your prompts, Specs, or code to build a competing product for anyone else. This commitment is stated identically in our Privacy Policy.

6.3. When you leave. If you stop using the Service, we stop ingesting new signal from your activity to improve the Service going forward. Improvements already incorporated into the Service before that point cannot be reversed or extracted. We retain a copy of your most recently stamped code as described in Section 7.

6.4. You may request deletion of your data as described in our Privacy Policy. Deletion removes your data from our systems; it does not reverse improvements already incorporated into the Service.

7. Hosting, Export, and Retained Copies

7.1. When the Service completes a build, we host the resulting application on our infrastructure.

7.2. You may export Your Code (for example, to your own GitHub repository). When you export, we remove Forjado's proprietary components from the exported code. Once you export and modify Your Code outside the Service, we no longer have a record of your changes and are not responsible for code as modified outside the Service.

7.3. We retain a copy of your most recently stamped code. This retained copy is held for support and legal-defense purposes and is quarantined from the systems that learn from customer activity once you stop using the Service. Code that you have exported to your own repository remains in your control; our Smith system interacts with it only through signed commits that identify Forjado as the author.

8. Acceptable Use

8.1. You may not use the Service to build, generate, host, or distribute:

• Content or applications that are illegal in the jurisdiction where they operate;
• Malware, exploits, or other code designed to damage, intrude upon, or compromise systems;
• Fraudulent or deceptive schemes, including phishing, fake storefronts, or scams;
• Material that infringes another party's intellectual property or other rights;
• Child sexual abuse material ("CSAM") or any material that sexually exploits minors;
• Tools or applications whose purpose is harassment, stalking, or doxxing of identifiable people.

8.2. You may not, in your use of the Service itself:

• Reverse-engineer, scrape, or attempt to extract the Service's pipeline, prompts, or models;
• Resell, white-label, or offer the Service as your own;
• Probe, break, overload, or attempt to compromise the security of the Service;
• Circumvent usage limits, credit metering, or the payment system;
• Engage in automated or bulk abuse of the Service;
• Share credentials or operate more than one account per person or entity.

8.3. Screening and enforcement. We screen build requests and stamped applications against our prohibited-use categories, both when code is generated and again before an application is stamped and hosted. Because these systems are not perfect, prohibited uses remain prohibited even if they are not caught by screening.

8.4. Our rights. We reserve the right, at our sole discretion and without prior notice, to refuse any build, suspend or terminate any account, and remove or take down any content or hosted application. A takedown removes the hosted instance; it does not reach code you have already exported. Where we act, we will provide an address at which you may dispute the action.

8.5. Reporting. We reserve the right to report violations to appropriate authorities. Where we become aware of apparent CSAM, we are required by law to report it to the National Center for Missing & Exploited Children (NCMEC), and we will do so.

9. Your Responsibility for What You Build

9.1. You are solely responsible for the applications you create through the Service and for any use you make of them, including operating a business on them. Applications built through the Service are your work product. Forjado provides a tool; Forjado does not endorse, vouch for, or assume responsibility for what you build with it or how you use it.

9.2. You are responsible for your applications' compliance with all laws applicable to them, including with respect to the end-users of your applications and any data you or your applications collect from them.

10. Disclaimers

10.1. Except for the build guarantee expressly stated in Section 4, 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, Forjado disclaims all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10.2. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that output will meet your requirements beyond conformance to the approved Spec.

11. Limitation of Liability

11.1. No indirect damages. To the fullest extent permitted by law, Forjado will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including lost profits, lost revenue, lost business, lost data, or business interruption, arising out of or relating to the Service, whether or not Forjado has been advised of the possibility of such damages.

11.2. Liability cap. To the fullest extent permitted by law, Forjado's total liability arising out of or relating to any claim will not exceed the fees you paid for the specific build to which the claim relates.

11.3. Reformation. If any limitation in this Section is held unenforceable, the parties intend that Forjado's liability be limited to the greatest extent permitted by law, and the limitation will be reformed and applied accordingly rather than voided.

11.4. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

12. Indemnification

12.1. Your indemnity to us. You will defend, indemnify, and hold harmless Forjado from and against any claim, demand, loss, or expense (including reasonable legal fees) arising out of or relating to: (a) the applications you build through the Service; (b) your use of the Service; (c) your violation of these Terms or of any law; or (d) any claim brought by an end-user of, or any third party affected by, your applications. This obligation survives termination of your account.

12.2. Our indemnity to you. We will defend you against a third-party claim to the extent it alleges that the Service's own generated output, as delivered and unmodified, infringes that third party's intellectual property rights, and we will pay damages finally awarded on that claim. Our total obligation under this Section is subject to the liability cap in Section 11.2. This indemnity does not apply to code after it has been modified or to any use in violation of these Terms.

12.3. Defense control. For any claim for which you indemnify us, Forjado controls its own defense and may select its own counsel; you fund that defense; and you may not settle any claim in a way that imposes any obligation or liability on Forjado, or admits fault on Forjado's behalf, without Forjado's prior written consent.

13. Copyright and DMCA

13.1. We respond to notices of alleged copyright infringement concerning content hosted on the Service in accordance with the Digital Millennium Copyright Act. To submit a notice, contact our designated agent: DMCA Agent, Forjado AI, Inc., 1111 10th Ave East, #13, Seattle, WA 98102; [email protected] (U.S. Copyright Office DMCA Designated Agent Registration No. DMCA-1079590). We may remove or disable access to allegedly infringing hosted content and may terminate repeat infringers.

14. Suspension, Termination, and Disputes Contact

14.1. We may suspend or terminate your access as described in Section 8. You may stop using the Service at any time.

14.2. To dispute an enforcement action or a guarantee determination, contact us at [email protected].

15. Governing Law and Dispute Resolution

15.1. These Terms are governed by the laws of the State of Washington, without regard to its conflict-of-laws rules.

15.2. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in King County, Washington, and you consent to the personal jurisdiction of those courts. Either party may bring a qualifying claim in small-claims court.

15.3. Class-action waiver. To the fullest extent permitted by law, disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding.

16. Changes to These Terms

16.1. We may update these Terms. If we make material changes, we will notify current users by email. Changes take effect on the date stated in the notice, and your continued use of the Service after that date constitutes acceptance of the updated Terms.

17. General

17.1. Severability. If any provision of these Terms is held unenforceable, that provision will be limited or reformed to the minimum extent necessary, and the remaining provisions will remain in full force.

17.2. Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Forjado regarding the Service.

17.3. No waiver. Our failure to enforce any provision is not a waiver of it.

17.4. Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.