Terms of Service

These Terms of Service ("Terms") govern your access to and use of the SuperPlane website, products and services (collectively, the "Service") provided by SuperPlane, Inc. ("SuperPlane", "we", "us" or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

1. Description of Service

SuperPlane provides an AI-powered software factory platform that automates software engineering tasks. The Service is available both as a cloud-hosted solution and as a self-hosted deployment.

• Cloud Service: We host and manage the platform. You connect your third-party tools (e.g., GitHub, issue trackers) and model providers to our infrastructure.
• Self-Hosted: You deploy the SuperPlane software on your own infrastructure. While you manage the deployment, these Terms still apply to your use of our software and any associated Enterprise support services.

2. Account Registration and Security

You must provide accurate and complete information when creating an account. You are responsible for maintaining the security of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized access or security breach.

3. Third-Party Services and Integrations

The Service connects to third-party tools and services (e.g., source control repositories, issue trackers and AI model providers) via APIs and integrations.

• Permissions: You are responsible for the permissions you grant SuperPlane to access your third-party accounts.
• Model Providers: When using managed models, your data (such as code snippets or issue descriptions) is transmitted to third-party AI providers (e.g., OpenAI, Anthropic) to generate responses. You agree to comply with the terms of service of those respective model providers.

4. Fees and Payment

Certain features of the Service are subject to fees, as described on our Pricing page.

• Subscriptions: Fees are billed in advance on a recurring basis.
• Usage-Based Fees: Costs for machine compute and managed model usage that exceed your included allowance are billed based on actual usage.
• Taxes: All fees are exclusive of applicable taxes, which you are responsible for paying.

We reserve the right to change our pricing upon reasonable notice. Continued use of the Service after a price change constitutes your agreement to the new fees.

5. User Content and Data

You retain all ownership rights to the code, data and other materials you submit or process through the Service ("User Content").

By using the Service, you grant SuperPlane a limited, worldwide, non-exclusive license to access, use, process and transmit your User Content solely as necessary to provide, maintain and improve the Service. We do not use your private code to train our own foundational AI models.

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations.
• Infringe upon the intellectual property rights of others.
• Transmit malicious code, malware or viruses.
• Attempt to gain unauthorized access to the Service or its related systems.
• Use the Service for cryptocurrency mining or similar resource-intensive tasks unrelated to software engineering.

7. Intellectual Property

SuperPlane retains all rights, title and interest in and to the Service, including all software, design, text, graphics and other materials provided by us, excluding your User Content.

8. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, if we believe you have violated these Terms. You may terminate your account at any time by contacting us or using the account management features in the Service.

Upon termination, your right to use the Service will immediately cease and any outstanding fees will become immediately due and payable.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SUPERPLANE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SUPERPLANE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO SUPERPLANE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Governing Law

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

12. Changes to Terms

We may modify these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website or by sending an email to the address associated with your account. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes.

13. Contact Us

If you have any questions about these Terms, please contact us at [email protected].