<b>Conjure - Terms of Service</b><br /><br />
<b>Last Updated:</b> September 21, 2024<br /><br />

<b>1. Acceptance of Terms</b><br />
By creating an account or using Conjure ("Service"), which is owned and operated by Defun AI, Inc ("Company"), you agree to comply with and be bound by these Terms of Service ("Terms") and our <a href="https://defun.ai/privacy">Privacy Policy</a>. If you do not agree, you must not access or use the Service.<br /><br />

<b>2. Service Description</b><br />
Conjure is an AI-powered tool that generates complete software projects from natural language descriptions. This Service is pre-paid and usage-based. Users purchase credits called "cauldrons," which are deducted as the Service is used. The Service is primarily intended for businesses and software developers and is provided by Company.<br /><br />

<b>3. Eligibility</b><br />
You must be at least 13 years old to use the Service. If you are under the age of 18, you must have parental or guardian consent to use the Service. By using Service, you represent and warrant that you meet these requirements.<br /><br />

<b>4. Payment Terms</b><br />
Service operates on a pre-paid, usage-based model. Users purchase cauldrons that are consumed as the Service is utilized. Payments are processed through Stripe, which may accept various payment methods and may include taxes or additional fees. All sales are final. Refunds are granted solely at the discretion of Company, and when applicable, will typically be credited as additional cauldrons rather than a monetary refund. To request a refund, please contact our support team at support [at] defun [dot] ai.<br /><br />

<b>5. User Obligations</b><br />
You agree to:<br />

Use the Service only for lawful purposes and in compliance with all applicable laws and regulations.<br />
Maintain the confidentiality of your account credentials and promptly notify us of any unauthorized use of your account.<br />
Not engage in any activities that could harm or disrupt the Service.<br /><br />
Prohibited activities include, but are not limited to:<br />

Creating or distributing malware, illegal software, or content that infringes on intellectual property or other proprietary rights.<br />
Attempting to gain unauthorized access to the Service or its related systems or networks.<br />
Reverse engineering, decompiling, or disassembling any aspect of the Service.<br /><br />

<b>6. Ownership and Intellectual Property Rights</b><br />
Ownership of Generated Projects<br />
Company makes no claim of ownership over the software projects or content generated by the Service. Users retain full rights and ownership of any projects they create using Service, provided such ownership is permitted by law. Users are responsible for ensuring their use, distribution, and modification of the generated projects comply with all applicable laws and do not infringe upon any third-party rights.<br />

Company's Intellectual Property<br />
All content, trademarks, service marks, logos, and intellectual property related to the Service, including the "Conjure" name, are the property of Company or its licensors and are protected by intellectual property laws. You are granted no right or license to use any of these marks without express written consent.<br /><br />

<b>7. Data Collection and Privacy</b><br />
Company collects limited user information, including email addresses and usage data, to enhance and improve the Service. We do not sell or share this data with third parties under any circumstances. We comply with all applicable data protection laws, including GDPR and CCPA, where applicable. For more information, please review our <a href="https://defun.ai/privacy">Privacy Policy</a>, which is incorporated by reference into these Terms.<br /><br />

<b>8. Service Availability and Maintenance</b><br />
Service is currently in beta. Company does not guarantee any specific level of uptime, availability, or performance of the Service. Features and functionalities may change during the beta phase, and the Service may be discontinued at any time. Scheduled maintenance may be conducted, during which the Service may be unavailable.<br /><br />

<b>9. Limitation of Liability</b><br />
To the fullest extent permitted by law:<br />

Company disclaims all warranties, express or implied, including but not limited to the accuracy or reliability of the code generated by the Service.<br />
Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.<br />
The total liability of Company for any claims under these Terms shall not exceed the amount you have paid to us in the last twelve (12) months.<br />
Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.<br /><br />

<b>10. Indemnification</b><br />
You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.<br /><br />

<b>11. Termination</b><br />
By You:<br />
You may terminate your account and cease using the Service at any time. To terminate your account, please contact us at support [at] defun [dot] ai. Upon termination, you may request the deletion of your data, and we will comply in accordance with our <a href="https://defun.ai/privacy">Privacy Policy</a>.<br />

By Us:<br />
Company reserves the right to suspend or terminate your account or access to the Service at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.<br />

Effect of Termination:<br />
Upon termination, all licenses and rights granted to you in these Terms will immediately cease. Any provisions of these Terms that by their nature should survive termination will do so.<br /><br />

<b>12. Governing Law and Dispute Resolution</b><br />
These Terms are governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of laws principles.<br />

Dispute Resolution:<br />
Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will take place in Wilmington, Delaware, and the language of the arbitration shall be English. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.<br /><br />

<b>13. Changes to the Terms of Service</b><br />
Company reserves the right to modify these Terms at any time. If we make material changes, we will notify users via the email address associated with their account at least thirty (30) days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.<br /><br />

<b>14. Customer Support</b><br />
Customer support is available via email at support [at] defun [dot] ai. Support hours are Monday through Friday, during normal business hours.<br /><br />

<b>15. Third-Party Services</b><br />
Service relies on third-party large language model (LLM) API providers to deliver certain aspects of its functionality. By using Service, you acknowledge and agree to comply with any additional terms or restrictions imposed by these third-party providers. Company is not responsible for the availability or functionality of such third-party services and shall not be liable for any damages or losses arising from their operation.<br /><br />

<b>16. Force Majeure</b><br />
Company shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation.<br /><br />

<b>17. Severability</b><br />
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.<br /><br />

<b>18. Entire Agreement</b><br />
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Company regarding the use of the Service and supersede any prior agreements between you and us relating to your use of the Service.<br /><br />

<b>19. No Waiver</b><br />
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.<br /><br />

<b>20. Contact Information</b><br />
For questions or concerns about these Terms, you can contact us at:<br />

hello [at] defun [dot] ai<br />

113 Cherry St<br />
PMB 56116<br />
Seattle, Washington 98104-2205