Terms of Service

Acceptance of Terms

By accessing or using ClusterCode, you agree to be bound by these Terms of Service, our Privacy Policy, and our Acceptable Use Policy. If you do not agree to these terms, please do not use our services. These Terms are a binding agreement between you and ClusterCode LLC ("ClusterCode LLC", "we", "us", or "our"), the operator of the ClusterCode service.

Description of Service

ClusterCode provides a self-hosted AI coding orchestration platform that enables you to run AI development agents on your own hardware. The service consists of: • The orchestrator dashboard (hosted by us or self-hosted on Enterprise) • The worker agent software (runs on your own hardware, or on ClusterCode-managed cloud infrastructure if you use Cloud Workers) • Nucleus conversational AI interface • API access and integrations

Eligibility

You must be at least 18 years old to use ClusterCode. By using the Service, you represent and warrant that you are 18 or older and have the legal capacity to enter into these Terms. The Service is not directed to, and we do not knowingly permit its use by, anyone under 18.

Your Account

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must: • Provide accurate and complete registration information • Keep your password secure and notify us immediately of any unauthorized access • Not share your account with others (additional seats are available on paid plans) • Not use the service for illegal purposes or in violation of any laws

Teams and Workspaces

ClusterCode supports team accounts with multiple members and role-based access. If you create or administer a team, you are responsible for the members you invite, for assigning appropriate roles and permissions, and for ensuring those members comply with these Terms. Account owners and administrators may be able to view, manage, or remove resources and access within their team. You must have the authority to bind any organization on whose behalf you accept these Terms.

Acceptable Use

You may not use ClusterCode to: • Violate any applicable laws or regulations • Infringe intellectual property rights of others • Transmit malware, viruses, or other harmful code • Attempt to gain unauthorized access to our systems or networks • Use the service to facilitate distributed denial of service attacks • Misrepresent your identity or affiliation • Violate export-control or economic-sanctions laws, or use the Service from any country or by any party subject to U.S. or other applicable sanctions • Run workloads on ClusterCode-managed compute that are not software development work — including cryptocurrency mining, general-purpose hosting, and traffic-anonymizing egress — except with our prior written permission • Circumvent, or attempt to circumvent, any limit, quota, or throttle we apply You represent that you are not located in, or a national or resident of, any jurisdiction subject to comprehensive U.S. sanctions, and that you are not on any government restricted-party list.

These restrictions are set out in full in our Acceptable Use Policy, which forms part of these Terms.

Payment and Billing

Paid plans are billed monthly. By providing payment information, you authorize us to charge the applicable fees to your payment method. All fees are non-refundable except as required by law. Free trials are available to new accounts only, and are limited to one per person, one per organization, and one per payment instrument. Creating additional accounts to obtain further trials is prohibited, and we may end or refuse a trial at any time if we suspect abuse. We reserve the right to modify pricing with 30 days' notice.

Your Data and Code

You retain all rights to your source code and the outputs of your AI agents. We do not claim any ownership over code processed in your DevBoxes. For self-hosted workers, your code runs on your own hardware and does not pass through our systems; if you use Cloud Workers, your code runs inside ClusterCode-managed cloud infrastructure for that run (see our Privacy Policy). You grant us a limited license to process the metadata and telemetry necessary to operate the service (DevBox status, worker health signals, etc.); where you use Cloud Workers, to run the workloads you initiate on our infrastructure; and, where you enable Session Portability, to store and restore an encrypted copy of your sessions so they follow you across workers. We never store or copy your workspace (your source code) — on any worker. We use this content only to provide the service and never to train models. You can disable portability and delete this stored data at any time.

Intellectual Property

As between you and us, ClusterCode LLC and its licensors own all right, title, and interest in and to the Service — including the orchestrator, worker agent, Nucleus interface, website, software, and all related trademarks, logos, and design. Except for the limited right to use the Service under these Terms, no rights are granted to you by implication, estoppel, or otherwise. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works of the Service except to the extent that restriction is prohibited by law or permitted by an applicable open-source license. If you choose to send us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that feedback without restriction or obligation to you.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLUSTERCODE LLC DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Service is free of harmful components. AI agents can produce inaccurate or unintended output; you are responsible for reviewing all code and actions executed on your hardware. You use the Service, and rely on its output, at your own risk.

Limitation of Liability

To the maximum extent permitted by law, ClusterCode LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill. Our total liability to you for any claims shall not exceed the amount you paid us in the 12 months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless ClusterCode LLC and its officers, members, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or connected with: (a) your use of the Service; (b) your violation of these Terms or any applicable law; (c) your infringement of any third-party right; or (d) the code, data, or workloads you process using the Service.

Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. Informal resolution. Before filing a claim, you agree to first try to resolve the dispute informally by contacting legal@clustercode.io. We will try to resolve it within 60 days. Binding arbitration. If we cannot resolve a dispute informally, you and ClusterCode LLC agree to resolve any dispute arising out of or relating to these Terms or the Service through final and binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules, rather than in court, except as set out below. Small-claims exception. Either party may instead bring an individual claim in small-claims court if it qualifies. Class-action waiver. You and ClusterCode LLC agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing legal@clustercode.io with your name and a statement that you wish to opt out.

Governing Law

These Terms are governed by the laws of the State of Florida, USA, without regard to its conflict-of-laws rules. Subject to the Dispute Resolution section above, any permitted court action will be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to personal jurisdiction there.

Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will post the updated Terms on this page with a new "Last updated" date and, where appropriate, notify you by email or an in-product notice before the changes take effect. Your continued use of the Service after the changes become effective constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service.

Suspension and Termination

Either party may terminate the agreement at any time. Where an account is closed in the ordinary course, your access to the Service ceases, and DevBox run history and other data are retained and automatically purged as described in the "Data Retention" section of our Privacy Policy. Abuse is different. If we believe in good faith that you have violated these Terms or our Acceptable Use Policy, we may suspend or terminate your account, subscription, trial, workers, or DevBoxes immediately and without prior notice — including stopping a DevBox that is currently running. In that case we may also delete the workloads and artifacts held in the account — DevBoxes, schedules, loops, prototypes, container images, and stored volumes — straight away, without the retention periods described above. We may reclaim any unused trial credit, fees already paid are not refunded, and we may decline to serve you again, including through new or additional accounts. We will normally tell you what action we took and why, unless the law prevents us or telling you would compromise an investigation or the security of the Service. If you believe we acted in error, you can ask a person to review it. We may also set and enforce limits, quotas, concurrency caps, and fair-use throttling at any time so that capacity stays available to every customer.

The full list of prohibited uses, and the actions we may take, are in our Acceptable Use Policy.

General Provisions

Entire agreement. These Terms, together with the Privacy Policy, the Acceptable Use Policy, and any plan-specific terms, are the entire agreement between you and ClusterCode LLC regarding the Service and supersede any prior agreements. Severability. If any provision is held unenforceable, the remaining provisions stay in full force, and the unenforceable provision will be modified to the minimum extent necessary. No waiver. Our failure to enforce any provision is not a waiver of our right to do so later. Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind permitted successors and assigns. Force majeure. Neither party is liable for any failure or delay caused by events beyond its reasonable control, including outages of third-party infrastructure, network or power failures, or acts of God. No third-party beneficiaries. These Terms do not create any third-party beneficiary rights. Notices. We may provide notices to you by email, through the Service, or by posting to this site. You may contact us at the addresses below.

Contact

For questions about these Terms, contact us at legal@clustercode.io.