TERMS OF SERVICE

Last Updated: May 2, 2025

1. ACCEPTANCE OF TERMS

Welcome to CodeCrush. These Terms of Service ("Terms") govern your access to and use of the CodeCrush application, software, and services (collectively, the "Service"). By downloading, installing, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. DESCRIPTION OF SERVICE

CodeCrush is a software application that enables users to build local knowledge graphs of their code. The Service requires users to configure servers of their accord for processing data.

3. USER ACCOUNTS

3.1 Registration

To access certain features of the Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. USER DATA AND PRIVACY

4.1 Local Processing and Storage

The Service processes and analyzes your code on servers that you configure and control. We do not have access to your code or the knowledge graphs created unless you explicitly grant such access.

4.2 Data Collection

We may collect certain usage statistics and diagnostic information to improve the Service. This data is anonymized and does not include your code or knowledge graph content.

4.3 Privacy Policy

Our Privacy Policy, which is incorporated by reference into these Terms, further explains how we collect, use, and disclose information about you.

5. USER RESPONSIBILITIES

5.1 Server Configuration

You are solely responsible for configuring, maintaining, and securing any servers used in conjunction with the Service. This includes ensuring compliance with all applicable laws and regulations regarding data storage and processing.

5.2 Acceptable Use

You agree not to use the Service to:

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Our Rights

The Service, including all software, features, functionality, and content (excluding User Content), is owned by us and our licensors and is protected by copyright, trademark, patent, and other intellectual property laws.

6.2 License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service solely for your internal business or personal purposes.

6.3 User Content

You retain all rights to your code and knowledge graphs generated through the Service. You grant us a limited license to access and use such content solely as necessary to provide and maintain the Service, subject to your explicit authorization.

7. THIRD-PARTY INTEGRATIONS

The Service may support integration with third-party services or applications. Your use of such integrations is subject to the respective terms and policies of those third parties, and we are not responsible for the practices of any third-party services.

8. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPLICITLY DISCLAIM ALL WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

9. LIMITATION OF LIABILITY

IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless our company, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

11. TERM AND TERMINATION

11.1 Term

These Terms will remain in effect until terminated by either you or us.

11.2 Termination by You

You may terminate these Terms at any time by discontinuing use of the Service and deleting your account.

11.3 Termination by Us

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

11.4 Effect of Termination

Upon termination, your right to use the Service will immediately cease. The following provisions survive termination: Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Dispute Resolution.

12. MODIFICATIONS TO THE SERVICE AND TERMS

12.1 Modifications to the Service

We reserve the right to modify or discontinue, temporarily or permanently, the Service or any features or portions thereof without prior notice.

12.2 Modifications to Terms

We may revise these Terms from time to time. The most current version will always be posted on our website. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

13. DISPUTE RESOLUTION

13.1 Governing Law

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

13.2 Arbitration

Any dispute arising from these Terms or the Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

13.3 Class Action Waiver

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.

14. GENERAL PROVISIONS

14.1 Entire Agreement

These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.

14.2 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

14.3 Severability

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

14.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

14.5 Contact

Questions about these Terms should be sent to liam.tengelis@blacktuskdata.com.