Terms of Service

Welcome to Fabrikator. Please read these Terms of Service ("Terms") carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using the Fabrikator platform, you agree to comply with and be bound by these Terms.

1. Acceptance of Terms

By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the services.

2. Description of Services

Fabrikator provides a platform that utilizes artificial intelligence to analyze design files and generate code or code prompts. The services include, but are not limited to:

• Design analysis and recognition
• Code generation based on design inputs
• Template access and customization
• Collaborative design-to-code workflows
• API access for enterprise customers

3. User Accounts

To access certain features of the platform, 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.

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

4. User Content and Licensing

Our services allow you to upload, submit, store, or share content, including design files, images, and other materials ("User Content"). You retain all rights to your User Content.

By uploading User Content to Fabrikator, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such content for the purpose of providing and improving our services.

You represent and warrant that:

• You own or have the necessary rights to your User Content
• Your User Content does not violate the rights of any third party, including intellectual property rights and privacy rights
• Your User Content complies with these Terms and all applicable laws and regulations

5. Intellectual Property Rights

Fabrikator and its licensors own all right, title, and interest in and to the services, including all intellectual property rights therein. The services are protected by copyright, trademark, and other laws of both the United States and foreign countries.

Regarding output generated by our services:

• You own all rights to the code generated specifically for you based on your inputs
• You may not claim ownership of our pre-existing models, algorithms, or platform features
• We may use anonymized data from your usage to improve our services and AI models

6. Subscription and Payment

Some of our services are offered on a subscription basis. You agree to pay all fees in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.

By providing a payment method, you authorize us to charge you for all fees associated with your subscription. If your payment cannot be completed, we may suspend or terminate your access to the services.

Subscriptions automatically renew until canceled. You can cancel your subscription at any time through your account settings or by contacting our customer support.

7. Prohibited Uses

You may not use the services for any purpose that is unlawful or prohibited by these Terms. You agree not to:

• Use the services in any manner that could disable, overburden, damage, or impair the services
• Use any robot, spider, or other automatic device to access the services
• Introduce any viruses, trojan horses, or other harmful material
• Attempt to gain unauthorized access to any part of the services
• Use the services to generate content that is illegal, harmful, threatening, abusive, or otherwise objectionable
• Scrape or collect data from the services without our prior consent
• Infringe upon or violate our intellectual property rights or those of others

8. Limitation of Liability

To the maximum extent permitted by law, Fabrikator and its directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the services
• Any conduct or content of any third party on the services
• Any content obtained from the services
• Unauthorized access, use, or alteration of your transmissions or content

Our liability is limited to the greater of $100 or the amount you have paid us in the past 12 months.

9. Disclaimers

The services are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. We do not warrant that the services will be uninterrupted or error-free, that defects will be corrected, or that the services are free of viruses or other harmful components.

While we strive for accuracy in our AI-generated code, we do not guarantee that the code will be error-free, secure, or suitable for your specific requirements.

10. Indemnification

You agree to defend, indemnify, and hold harmless Fabrikator and its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney fees and costs, arising out of or in any way connected with your access to or use of the services or your violation of these Terms.

11. Termination

We may terminate or suspend your account and access to the services at any time, for any reason, without prior notice or liability. Upon termination, your right to use the services will immediately cease.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our services after any revisions become effective, you agree to be bound by the revised terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising from or relating to the subject matter of these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of San Francisco County, California.

14. Contact Information

If you have any questions about these Terms, please contact us at:

Email: legal@fabrikator.com
Address: 123 AI Boulevard, Tech District, San Francisco, CA 94105, United States