Terms of Service
Last Revised: January 15, 2025
Version: 1.0
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE PUSHPILOT PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICE. THESE TERMS CONTAIN MANDATORY ARBITRATION PROVISIONS AND A CLASS ACTION WAIVER.
1. PREAMBLE AND DEFINITIONS
These Terms of Service ("Agreement") constitute a legally binding agreement between you ("User," "Client," or "you") and PushPilot Inc., a Delaware Corporation ("Company," "PushPilot," "we," "us," or "our"), governing your access to and use of the PushPilot software, website, browser extensions, APIs, and AI-powered coding services (collectively, the "Service").
If a client account is managed by an agency or business, the Client-Managed Account Agreement ("CMA") located at https://pushpilot.com/legal/cma applies to billing responsibilities between the agency and client and is incorporated by reference.
2. NATURE OF SERVICES AND AI DISCLAIMER
2.1 AI-Generated Content. The Service utilizes advanced artificial intelligence ("AI") and machine learning models, including but not limited to Large Language Models (LLMs), to generate, modify, refactor, or explain software code ("Output") based on inputs, instructions, and codebases provided by you ("Input").
2.2 No Warranty of Accuracy. You acknowledge and agree that AI systems are probabilistic and may produce Output that is syntactically correct but functionally flawed, insecure, hallucinatory, or otherwise unsuitable for production use. PushPilot makes no representation or warranty regarding the accuracy, reliability, security, or performance of any Output.
2.3 User Responsibility. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING, TESTING, DEBUGGING, AND VALIDATING ALL OUTPUT BEFORE DEPLOYING IT TO ANY ENVIRONMENT. PushPilot shall not be liable for any bugs, vulnerabilities, system failures, data loss, or financial losses arising from the use or deployment of the Output.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 User Ownership. As between you and PushPilot, you retain all right, title, and interest in and to your Input. Subject to your compliance with this Agreement, PushPilot hereby assigns to you all right, title, and interest in and to the specific Output generated for you.
3.2 Platform License. PushPilot grants you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes. You agree not to: (a) reverse engineer the Service; (b) use the Service to build a competitive product; (c) scrape or data mine the Service.
4. CONFIDENTIALITY AND DATA USAGE
4.1 Data Processing. By connecting your code repositories (e.g., via GitHub), you grant PushPilot and its third-party sub-processors (e.g., OpenAI, AWS) a license to access, read, and process your code solely for the purpose of providing the Service.
4.2 Sensitive Data. You agree not to submit Input containing Protected Health Information (PHI), financial account numbers, or other strictly regulated data unless explicitly agreed to in a separate Enterprise Agreement.
5. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless PushPilot, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your Input or use of Output caused damage to a third party.
6. WARRANTY DISCLAIMER
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PUSHPILOT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PUSHPILOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
7.2 Monetary Cap. IN NO EVENT SHALL PUSHPILOT'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID PUSHPILOT, IF ANY, IN THE LAST SIX (6) MONTHS.
8. DISPUTE RESOLUTION AND ARBITRATION
8.1 Binding Arbitration. Any dispute arising out of or relating to this Agreement shall be finally settled by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules.
8.2 Class Action Waiver. YOU AND PUSHPILOT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
9. TERMINATION
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.
10. GENERAL PROVISIONS
10.1 Governing Law. This Agreement shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles.
10.2 Entire Agreement. This Agreement constitutes the entire agreement between you and PushPilot regarding the Service and supersedes all prior agreements.
11. CONTACT INFORMATION
Legal correspondence should be sent to:
PushPilot Inc.
ATTN: Legal Department
[email protected]