Terms of Service

Effective Date: January 11, 2025

1. Acceptance of Terms

By accessing or using the services provided by Neocloud Inc. ("Neocloud," "we," "us," or "our"), a U.S. company based in San Francisco, California, you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

Company Information:
Neocloud Inc.
1301 Sansome St, 2nd Floor
San Francisco, CA 94111
Website: neocloud.build
Email: support [at] neocloud.build

2. Description of Service

Neocloud provides an AI coding platform that gives developers access to 50+ large language models (LLMs) to assist with coding, debugging, code review, content creation, and problem-solving.

3. Account Registration

• You must be at least 13 years old to use the Service
• You must provide accurate and complete registration information
• You are responsible for maintaining the security of your account
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized access

4. Acceptable Use Policy

You agree NOT to use the Service to:

• Generate malicious code, malware, or security exploits
• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Generate content that is harmful, offensive, or discriminatory
• Attempt to bypass usage limits or security measures
• Reverse engineer or attempt to extract source code
• Use the Service for any illegal or unauthorized purpose
• Resell or redistribute the Service without authorization

5. AI-Generated Content

5.1 Ownership

You retain ownership of the input (prompts and code) you provide to the Service. The AI-generated output is provided to you under a license for your use, subject to these Terms.

5.2 Accuracy and Reliability

AI-generated content may contain errors, bugs, or inaccuracies. You are responsible for:

• Reviewing and testing all generated code before use
• Ensuring compliance with applicable standards and regulations
• Verifying the accuracy and appropriateness of generated content

5.3 No Warranty

We make no warranties about the accuracy, reliability, or fitness for a particular purpose of any AI-generated content.

6. Subscription and Payments

6.1 Pricing Plans

• Free Tier: Limited access to Google Gemini Flash model
• Pro Plan: $29/month or $290/year for full access
• Credit Packages: Pay-as-you-go options starting at $4.90

6.2 Billing

• Subscriptions automatically renew unless cancelled
• Payments are processed securely through Stripe or Creem.io
• We may change pricing with 30 days notice

6.3 Refund Policy

We offer a 30-day money-back guarantee for all subscription plans. If you're not satisfied with our service, you can request a full refund within 30 days of your initial purchase or renewal.

• Refund requests must be submitted via email to support [at] neocloud.build
• Credit packages are refundable if unused within 14 days of purchase
• Lifetime plans are refundable within 30 days of purchase
• Refunds are processed within 5-10 business days
• Partial month/year refunds are calculated pro-rata

6.4 Cancellation

You may cancel your subscription at any time. Access continues until the end of the current billing period.

7. Intellectual Property

7.1 Our Property

The Service, including its design, features, and content (excluding user content and AI-generated output), is owned by Neocloud Inc. and protected by intellectual property laws.

7.2 Your Content

You retain all rights to your input content. By using the Service, you grant us a limited license to process your content solely for providing the Service.

8. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to our collection and use of information as described in the Privacy Policy.

9. Third-Party Services

The Service integrates with third-party AI model providers (OpenAI, Anthropic, Google, etc.). Your use of these models is subject to their respective terms and policies.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEOCLOUD INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

Our total liability shall not exceed the amount you paid us in the twelve months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless Neocloud Inc. from any claims, damages, or expenses arising from:

• Your violation of these Terms
• Your use of AI-generated content
• Your violation of any third-party rights
• Any content you submit to the Service

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

13. Modifications to Service

We reserve the right to modify, suspend, or discontinue the Service at any time with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance.

14. Termination

We may terminate or suspend your account immediately, without prior notice, for:

• Violation of these Terms
• Engaging in fraudulent or illegal activities
• Creating risk or legal exposure for us
• Extended period of inactivity

15. Governing Law

GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

16. Dispute Resolution

Any disputes arising from these Terms shall be resolved through binding arbitration in San Francisco, California, except where prohibited by law.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of significant changes via email or platform notification. Continued use after changes constitutes acceptance.

18. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Neocloud Inc. regarding the Service.

20. Contact Information

For questions about these Terms, please contact us at:

• Email: support [at] neocloud.build
• Location: 1301 Sansome St, 2nd Floor, San Francisco, CA 94111