Terms of Service

Welcome to ClackyAI. These Terms of Service ("Terms") constitute a legal agreement between you and CLACKYAI PTE. LTD. ("we," "our," or "ClackyAI") regarding your use of our services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

1. Acceptance of Terms

By using ClackyAI's services, you agree to these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you will not be able to use our services.

2. Service Description

ClackyAI provides an online SaaS software platform that uses AI technology to help users generate code. Users need to connect their private or public code repositories to use our services.

3. Account Use and Security

3.1. You are responsible for maintaining the security of your account, including choosing a sufficiently complex password.

3.2. You are fully responsible for all activities that occur under your account.

3.3. If you become aware of any unauthorized use of your account, please notify us immediately.

4. Usage Restrictions

4.1. Our services are allowed for both personal and commercial use, without the need for additional agreements or plans.

4.2. There is no minimum age restriction for our services. Users under 13 years of age are allowed to use the services with parental or guardian consent.

5. Acceptable Use

5.1. You agree not to use our services for the following purposes:

  • Illegal activities
  • Development or generation of content related to pornography, violence, war, discrimination, etc.
  • Infringement of intellectual property rights
  • Distribution of malware
  • Interference with or disruption of service operations
  • Any other activities that violate laws or ethics

5.2. We reserve the right to remove any content that violates these provisions at our sole discretion.

6. Content and Intellectual Property

6.1. User-generated content is only visible within the user's workspace or when actively shared by the user. Users are responsible for any risks resulting from their active sharing behavior.

6.2. Users agree that their behavioral data during service use can be used by ClackyAI to improve the service. We provide options for users to opt out of this data collection and analysis.

6.3. The intellectual property rights of code generated through our services belong to the user.

6.4. ClackyAI retains all intellectual property rights to the service itself (such as algorithms, interface design, etc.).

7. Privacy and Data Protection

7.1. We value your privacy. For detailed information on how we collect, use, and protect your personal data, please refer to our Privacy Policy.

7.2. We comply with applicable data protection laws, including but not limited to GDPR and CCPA.

7.3. User data is stored on AWS servers located in the United States.

8. Payment and Subscription

8.1. We offer both periodic subscription and pay-per-use models.

8.2. Users are responsible for timely payment of all fees.

8.3. Subscriptions will automatically renew unless cancelled by the user before the renewal date.

8.4. Refund Policy: Users can cancel their subscription on their own. If a refund is involved, it will be returned to the original payment method. If the refund cannot be processed normally due to user-related reasons, users can contact ClackyAI for assistance within 6 months. Refund requests beyond this period may not be processed.

8.5. Trial Period: Please refer to the specific terms on the Plan/Billing page of our website.

9. Service Modifications and Termination

9.1. ClackyAI reserves the right to modify or terminate the service at any time.

9.2. If we decide to terminate the service, we will notify users at least 3 months in advance.

10. Disclaimer and Limitation of Liability

10.1. Our services are provided "as is" without any express or implied warranties.

10.2. ClackyAI is not liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to losses resulting from use or inability to use the service.

10.3. Users understand and agree that there are risks associated with using AI-generated code. ClackyAI is not responsible for any loss or damage caused by user misoperation or use of generated code.

11. Indemnification

Users agree to indemnify, defend, and hold harmless ClackyAI and its affiliates, employees, and agents from any claims, losses, or demands arising from the user's violation of these Terms of Service or improper use of the service.

12. Third-Party Content and Links

Our services may contain third-party content or links. ClackyAI is not responsible for the accuracy, legality, or any other aspect of any third-party content or links.

13. Dispute Resolution and Arbitration

13.1. Friendly Negotiation: In the event of any dispute, we encourage users to first contact us at support@clacky.ai to seek a friendly resolution.

13.2. Mandatory Arbitration: If a dispute cannot be resolved through negotiation, any dispute, controversy, or claim arising out of or relating to this agreement, including its existence, validity, or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force.

13.3. Arbitration Venue and Language: The seat of arbitration shall be Singapore. The language of the arbitration shall be English.

13.4. Arbitrator: The Tribunal shall consist of one arbitrator to be appointed by the President of the SIAC.

13.5. Arbitration Award: The arbitration award shall be final and binding on both parties. Any court having jurisdiction may enter judgment on the arbitrator's award.

13.6. Costs: Unless otherwise awarded by the arbitrator, the costs of arbitration shall be borne by the losing party.

13.7. Confidentiality: Except as may be required by law or to enforce an arbitration award, neither party may disclose the existence, content, or results of any arbitration without the prior written consent of both parties.

13.8. Small Claims Exception: For disputes where the amount claimed is less than SGD 5,000, either party may elect to resolve the dispute in a court of competent jurisdiction for small claims, instead of arbitration.

13.9. Class Action Waiver: User agrees to bring any claims in their individual capacity and not as a plaintiff or class member in any purported class action, consolidated, or representative proceeding.

13.10. Time Limitation: Any claim must be brought within one (1) year of the event giving rise to the claim, otherwise, such claim is permanently barred.

13.11. Governing Law: This agreement shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.

14. Notices and Changes to Terms of Service

14.1. We may update these Terms of Service from time to time. Updated terms will be posted via registered email and a fixed link on our website.

14.2. Continued use of our services after such changes constitutes your acceptance of the modified terms.

15. Customer Support

We provide customer support services. You can contact us at support@clacky.ai. We will respond to your inquiries within 24 hours.

16. Miscellaneous

16.1. Entire Agreement: These Terms of Service constitute the entire agreement between you and ClackyAI regarding the use of our services and supersede any prior agreements.

16.2. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

16.3. Waiver: ClackyAI's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

16.4. Assignment: You may not assign your rights under this agreement without our prior written consent.

17. Intellectual Property Protection

17.1. User Warranty: Users warrant that all content they upload or use does not infringe on any third party's intellectual property rights.

17.2. Infringement Notification: If you believe that content on our platform infringes your intellectual property rights, please contact us at support@clacky.ai. We will promptly process all legitimate infringement notifications.

18. Service Level Agreement (SLA)

While we currently do not offer specific service availability commitments, we are dedicated to providing high-quality, reliable services. We will regularly publish service performance reports and consider establishing a formal SLA in the future.

19. User Feedback

We value user feedback. If you have any suggestions or comments, please send them to support@clacky.ai. We may use your feedback to improve our services, but we will not provide any compensation for this.

20. Export Control

Users agree to comply with all applicable export control laws and regulations. Our services must not be used in embargoed countries or by sanctioned individuals or entities.

21. Force Majeure

ClackyAI is not responsible for service interruptions or delays caused by force majeure events (such as natural disasters, war, acts of terrorism, strikes, supply disruptions, etc.).

22. Data Security

We implement industry-standard security measures to protect user data. However, users should understand that internet transmission is not absolutely secure and should use our services at their own risk.

23. Open Source Components

Our services may include open source software components. The use of these components is subject to their respective licenses, and we will provide relevant information where appropriate.

If you have any questions about these Terms of Service, please contact us at: support@clacky.ai

Last Updated: 2024-07-06

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