Terms of Service
Please read these terms carefully before using FizzlyCode's AI-powered code generation API service
Last updated: December 29, 2024 | Effective date: January 1, 2025
Acceptance of Terms
By accessing or using FizzlyCode's services, APIs, or website (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to access the Service.
These Terms constitute a legally binding agreement between you (whether an individual or entity) and FizzlyCode. You must be at least 18 years old and have the legal capacity to enter into contracts to use our Service.
Important: By using our API, you also agree to our Privacy Policy and Acceptable Use Policy, which are incorporated by reference into these Terms.
Service Description
FizzlyCode provides an AI-powered code generation API service that offers access to multiple state-of-the-art language models for software development assistance. Our Service includes:
- •API access to various AI models for code generation, completion, and analysis
- •Web-based dashboard for API key management and usage monitoring
- •Documentation and technical support for API integration
- •Usage analytics and billing management tools
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will make reasonable efforts to notify users of significant changes.
Accounts & API Keys
Account Registration
You must provide accurate, complete, and current information during registration. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
API Key Security
API keys are unique to your account and must be kept confidential. You must not share, publish, or expose your API keys. If you suspect unauthorized use, you must immediately rotate your keys and notify us.
Account Responsibilities
You are fully responsible for all API calls made using your keys, whether authorized by you or not. You must implement appropriate security measures to protect your keys and prevent unauthorized access.
API Usage & Limits
Rate Limits
API calls are subject to rate limits based on your subscription plan. Exceeding limits may result in temporary suspension of service.
Fair Use Policy
We expect reasonable and fair use of our API. Excessive or abusive usage may result in throttling or account suspension.
Quota Management
Usage quotas reset based on your billing cycle. Unused quota does not roll over to the next period unless specified in your plan.
Service Availability
We strive for 99.9% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be announced in advance when possible.
Acceptable Use Policy
You agree not to use the Service for any unlawful purpose or in any way that could damage, disable, or impair our Service. Prohibited uses include:
Prohibited Activities
- • Generating malicious code or malware
- • Circumventing security measures
- • Violating intellectual property rights
- • Harassment or harmful content generation
- • Illegal activities or content
Technical Violations
- • Reverse engineering our systems
- • Attempting to gain unauthorized access
- • Distributing viruses or harmful code
- • Overloading or disrupting our infrastructure
- • Scraping or automated data extraction
Violation of this policy may result in immediate termination of your account and legal action where appropriate.
Payment Terms
Billing & Subscription
Paid services are billed in advance on a recurring basis (monthly or annually). You authorize us to charge your payment method for all fees and applicable taxes.
Price Changes
We reserve the right to modify our pricing. Price changes will be communicated at least 30 days in advance and will take effect at the start of your next billing cycle.
Refund Policy
We offer a 24-hour full refund guarantee for first-time subscribers. After 24 hours, refunds are calculated based on the proportion of unused service time. Unused service credits expire at the end of each billing period.
Payment Failures
If payment fails, we may suspend your access to paid features until payment is successfully processed. Continued failure may result in account termination.
Intellectual Property
Your Content
You retain all rights to the code and content you input into our Service ("Your Content"). By using our Service, you grant us a limited license to process Your Content solely to provide the Service to you.
Generated Output
Subject to your compliance with these Terms, you own the output generated by the Service based on Your Content. However, similar outputs may be generated for other users, and we cannot guarantee uniqueness.
Our Property
FizzlyCode and its licensors retain all rights to the Service, including our APIs, website, documentation, and branding. You may not use our trademarks without written permission.
Privacy & Data Protection
Your use of our Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Service, you consent to our data practices as described in the Privacy Policy.
Data Security
We implement industry-standard security measures to protect your data, including encryption at rest and in transit.
Data Retention
We retain your data only as necessary to provide the Service and comply with legal obligations.
Disclaimers, Warranties & Limitation of Liability
Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
No Guarantee of Accuracy
AI-generated content may contain errors, biases, or inaccuracies. You are responsible for reviewing and testing all generated code. We do not guarantee that outputs will be error-free, secure, or fit for your specific purpose.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIZZLYCODE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.
Indemnification
You agree to indemnify and hold FizzlyCode harmless from any claims, damages, or expenses arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.
Termination
Termination by You
You may terminate your account at any time through your dashboard. Termination does not entitle you to refunds for unused services.
Termination by Us
We may suspend or terminate your account for violations of these Terms, non-payment, or at our discretion with 30 days notice.
Upon termination, your right to use the Service ceases immediately. We may delete your data after termination, subject to our data retention policies and legal obligations.
Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to conflict of law principles.
Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Delaware, and judgment on the award may be entered in any court having jurisdiction.
Class Action Waiver: You agree to resolve disputes with us on an individual basis and waive your right to participate in class actions or class arbitrations.
Miscellaneous
Entire Agreement
These Terms constitute the entire agreement between you and FizzlyCode regarding the Service.
Modifications
We may update these Terms from time to time. Continued use after changes constitutes acceptance of the modified Terms.
Severability
If any provision is found unenforceable, the remaining provisions will continue in full effect.
Assignment
You may not assign these Terms without our consent. We may assign our rights and obligations without restriction.
Contact Information
If you have any questions about these Terms of Service, please contact us:
Legal Inquiries
Email: [email protected]
Response time: 2-3 business days
General Support
Email: [email protected]
Response time: 24-48 hours
FizzlyCode LLC
Legal Department
[email protected]
By using FizzlyCode, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.