Terms of Service
These Terms of Service ("Terms") are a legal agreement between you and AppCafe ("AppCafe," "we," "us," or "our") and govern your access to and use of appcafe.com, our software, tools, websites, hosted services, AI-powered generation systems, and related services (collectively, the "Services").
1. Definitions
“Site” means appcafe.com and any related domains or subdomains we control.
“Services” means the Site, AppCafe platform, app and website generation tools, deployment features, hosting-related features, support, and all related products, features, modules, and tools we make available.
“AppCafe Materials” means the Services and all related software, technology, documentation, templates, interfaces, workflows, prompts, systems, designs, models, algorithms, and derivative works that we develop, provide, or make available, excluding your Customer Data except as expressly stated in these Terms.
“Customer Data” means content, text, prompts, files, images, code, app settings, business information, and other data you input, upload, submit, connect, host, or generate through the Services.
“Output” means websites, web applications, code, content, designs, layouts, screenshots, text, assets, and other material generated by or through the Services.
“Usage Data” means telemetry, logs, analytics, performance data, technical diagnostics, product usage metrics, and similar operational data generated by or in connection with your use of the Services.
“Free Plan” means any free, trial, promotional, beta, evaluation, or no-fee tier of the Services.
“Paid Plan” means any subscription, credit-based, or paid access tier of the Services.
2. Acceptance of Terms
By accessing or using the Services, you agree to these Terms. If you use the Services on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms.
We may revise these Terms from time to time by posting updated Terms on the Site. Your continued use of the Services after updated Terms become effective constitutes your acceptance of the revised Terms.
3. License to Use the Services
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes, in accordance with your plan and any usage limits we apply. This license does not transfer ownership of the Services or AppCafe Materials to you, and all rights not expressly granted are reserved by us.
4. License Restrictions
You agree not to, and not to allow others to:
- copy, modify, distribute, sell, lease, sublicense, or exploit the Services except as expressly permitted;
- resell or provide the Services to third parties on a service bureau, white-label, or time-sharing basis without our written permission;
- share account credentials or allow unauthorized access to your account;
- reverse engineer, decompile, disassemble, or attempt to derive source code, models, or algorithms underlying the Services;
- bypass security features, access controls, usage limits, billing systems, or protective measures;
- use bots, scrapers, crawlers, or automated extraction methods without our written permission;
- upload malicious code, harmful content, or material that interferes with the Services;
- use the Services to violate laws, infringe rights, defame others, harass others, impersonate others, or distribute unlawful content;
- use the Services for high-risk purposes without appropriate human review and safeguards.
5. Plans, Fees, Billing, and Credits
Some parts of the Services may require payment. By purchasing a Paid Plan, credits, or other paid usage, you agree to pay all applicable fees and taxes. Payments may be processed by third-party processors such as Stripe.
Except where required by law, fees are non-refundable. Promotional credits, free credits, and trial access are provided at our discretion, may be modified or revoked at any time, are non-transferable, and are not redeemable for cash.
We may change pricing, packaging, plan features, usage limits, or billing structures at any time, subject to applicable law and any notice we choose to provide.
6. AI Systems, Third-Party Providers, and Output
The Services may use our own technology together with third-party infrastructure, hosting, database, storage, deployment, communications, and artificial intelligence providers. Your prompts, inputs, files, and related data may be transmitted to such providers as necessary to operate the Services and generate Output.
Because third-party providers are involved, we do not guarantee uninterrupted availability, performance, compatibility, or security of the Services. Third-party terms and policies may also apply to portions of the Services.
You are solely responsible for reviewing and evaluating Output before using, deploying, publishing, or relying on it. Output may be inaccurate, incomplete, insecure, non-unique, or similar to content generated for other users.
7. Rights to Use Free Plan Generated Content
Content generated using the Free Plan may be stored, analyzed, reproduced, modified, and displayed by AppCafe for operational, research, product improvement, and promotional purposes. By using the Free Plan, you grant AppCafe a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, publicly display, and create derivative works from generated websites, web applications, prompts, layouts, templates, and related outputs.
This may include capturing screenshots of generated sites, storing associated metadata such as prompt excerpts, deployment URLs, templates, and preview images, and sharing them internally or externally, including within moderation tools, internal dashboards, documentation, product demos, Discord feeds, marketing materials, and public galleries.
AppCafe may reuse prompts, design patterns, templates, and generated structures derived from Free Plan creations to improve the platform, build reusable components, train internal systems, and enhance features available to other users.
Users who require private generation, exclusive ownership, or restrictions on reuse should use a Paid Plan, where different data usage and ownership terms may apply.
8. Ownership
We and our licensors own all rights, title, and interest in and to the Services and AppCafe Materials, including all software, interfaces, systems, workflows, templates, infrastructure, branding, designs, documentation, and improvements or derivative works of the foregoing.
Except for the specific rights granted to us in these Terms, as between you and AppCafe, you retain your rights in Customer Data you submit to the Services.
We own all Usage Data and may use Usage Data for any business purpose, including analytics, security, service improvement, benchmarking, and development of new features or offerings.
9. Feedback
If you provide us with suggestions, ideas, enhancement requests, corrections, or other feedback regarding the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use, copy, modify, publish, distribute, and otherwise exploit that feedback for any purpose without notice, restriction, or compensation to you.
10. Privacy and Data Use
Our collection and use of personal information is governed by our Privacy Policy. By using the Services, you acknowledge that we may process Customer Data, personal data, and technical data as described in the Privacy Policy and as reasonably necessary to provide the Services.
You are responsible for ensuring that your use of the Services and any data you submit complies with applicable privacy, data protection, and confidentiality obligations.
11. Disclaimers of Warranties
THE SERVICES AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, APPCAFE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, AND THAT OUTPUT WILL BE ERROR-FREE OR SUITABLE FOR YOUR INTENDED USE.
12. Indemnification
You agree to defend, indemnify, and hold harmless AppCafe and its affiliates, licensors, service providers, officers, directors, employees, and agents from and against claims, damages, liabilities, losses, costs, and expenses, including reasonable legal fees, arising out of or related to your use of the Services, your Customer Data, your Output, your violation of these Terms, your violation of law, or your infringement or misappropriation of any third-party rights.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, APPCAFE AND ITS AFFILIATES, LICENSORS, AND PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF APPCAFE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO APPCAFE FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100 USD.
14. Suspension and Termination
We may suspend or terminate your access to the Services immediately if we believe you violated these Terms, created risk for other users, exposed us to liability, abused the Services, or if suspension or termination is required for legal, security, or operational reasons.
We may also discontinue or modify the Services, in whole or in part, at any time. If your Paid Plan is terminated by you, access may continue through the end of the current paid period unless otherwise stated.
Upon termination, your right to access the Services ends immediately, but provisions that by their nature should survive termination will survive, including ownership, feedback, disclaimers, indemnification, limitations of liability, payment obligations, and dispute provisions.
15. Governing Law and Dispute Resolution
These Terms and any dispute or claim arising out of or relating to them or the Services will be governed by the laws of the State of California, without regard to conflict of law rules. Any legal action arising out of or relating to these Terms or the Services must be brought exclusively in the state or federal courts located in Santa Clara County, California, and each party consents to the personal jurisdiction and venue of those courts.
16. Contact
If you have questions about these Terms, contact us at:
Using the platform
AppCafe helps you generate, edit, preview, and publish applications. You are responsible for the prompts, content, assets, API keys, and deployment targets you choose to use with the platform.
You agree not to use AppCafe to generate or distribute unlawful, abusive, or infringing content, or to interfere with the platform, other users, or connected third-party services.
Accounts, billing, and ownership
Paid features, credits, and deployment capabilities are tied to your current plan. Some features may differ by plan, including private projects, custom domains, collaboration, and support levels.
Except where clearly stated otherwise for free-plan showcase behavior or moderation workflows, you retain ownership of the apps and content you create in your account.
Availability and third-party services
AppCafe depends on external providers such as AI model vendors, authentication providers, payment processors, and hosting infrastructure. Temporary interruptions, provider limits, or deployment delays can affect generation, previews, and publishing.
We may suspend abusive usage, protect the platform from security issues, or limit access when required by law, policy, or upstream provider constraints.
Questions
If you need help with billing, account access, or legal questions, contact us at [email protected].