Terms of Service (Beta)

These terms are an agreement between Pidgen AI, a California company (“Pidgen”, “we”, “us”), and the organisation that uses the hosted Pidgen service during its beta (“you”, the “customer”). The person who accepts them confirms that they may bind that organisation.

1. Parties and acceptance

You accept these terms when an Owner of your Account accepts the invitation to Pidgen, or when you first use the service, whichever comes first. If we and you sign an order form, the order form wins where the two differ. If you do not agree to these terms, do not use the service.

2. The service

Pidgen is a hosted service that turns ideas into specifications and plans, schedules the work, and runs coding agents that carry it out. We host the service. The coding agents run on workers: machines that you supply and control, running the Pidgen worker software under the licence that ships with it.

The beta is by invitation. We decide which access requests to accept. Each Account has limits, such as the number of Projects, workers and concurrently active Tickets, which we set and may change.

3. Beta terms

The service is in beta. That means:

• No availability commitment. We aim for 99.5% availability, but it is a target, not a promise, and there are no service credits. Support is given on a best-effort basis.
• The service will change. We may add, change or remove features. We will announce a change to the protocol workers use to talk to the service at least 30 days ahead.
• The beta will end. We will give you at least 30 days’ notice before the beta ends, and tell you then what happens next for your Account, including how to take a copy of your data.

4. Your responsibilities

• Your workers. You supply, secure and administer the machines your workers run on. Whoever administers a worker’s machine can read the code and transcripts of every Ticket that worker runs.
• Your model providers. You configure your own model-provider credentials on your workers, and Pidgen never receives them. Compliance with each model provider’s terms, and every charge a model provider makes, is your responsibility.
• Your forge. You supply a forge token. Pidgen uses it to open and merge pull requests at your direction. When a Project’s merge policy is auto, Pidgen merges a pull request that passed its checks without a person reviewing it. You choose that setting, and you are responsible for the code merged under it.
• What agents do. Coding agents run commands and change files with the permissions of the user your worker runs as. Review what agents produce before you rely on it.
• Your users. You are responsible for the people you invite, for keeping their credentials safe, and for what they do in your Account.

5. Acceptable use

You and your users must not:

1. connect repositories or forge accounts you do not have the right to let coding agents read and change;
2. use model-provider accounts against their providers’ terms (a consumer subscription is licensed for an individual’s own interactive use; for unattended or shared workers, use an API key);
3. use Pidgen to write malware, to attack systems you are not authorised to test, or to get around another product’s security or licence controls;
4. probe, scan or load-test the service, try to reach another Account’s data, or evade your Account’s limits;
5. run a worker on a machine you do not control, or alter a worker to misreport what it does;
6. put credentials or other secrets in Tickets, comments or uploads (transcripts can capture what an agent reads, so keep secrets out of the repositories and directories agents work in);
7. put health information, payment card data, government identifiers or other regulated personal data into Pidgen; or
8. use the service to break the law, infringe anyone’s rights, send spam or harass anyone.

6. Your content

You own your content: Tickets, comments, source code, transcripts, artifacts and everything else you or your workers put into Pidgen. You give us a licence to host, copy, process and show it only as needed to provide the service to you, and to support you when you ask.

We do not train machine-learning models on your content, and content from one Account is never used for another. As between you and us, what coding agents produce for you is yours, subject to the terms of the model providers you use.

7. Privacy

Our Privacy Policy describes the personal information we handle and how. The service runs on servers we operate in the United States. During the beta, Pidgen is offered only to customers in the United States.

8. Access by Pidgen staff

During the beta, a small number of authorised Pidgen administrators can open your Account’s data to operate and support the service. That access is not yet recorded in your Account’s audit log. Before general availability, every such access will be logged, attributed, time-limited and visible to your Account’s Owners.

9. Decision nodes

Decision nodes are optional. An Account that turns them on sends each decision node’s input, which can include prompts and Ticket content, to a third-party decision provider. An Owner must accept the disclosure the app shows before turning them on; that disclosure forms part of these terms.

10. Fees

The beta is free. We will give you at least 30 days’ notice before any fee applies, and fees will apply only if you accept them.

11. Suspension, lock and closing an Account

• Suspension. We may suspend your Account if you break these terms, if your use puts the service or other customers at risk, or if the law requires it. Your users can still sign in and see a notice, but no new work starts.
• Lock. When there is an immediate risk to the service, to other customers or to your data, we may lock your Account: sessions end, worker credentials stop working, and work stops at once.
• We will tell your Owners why, by email, before a suspension or, when that is not possible, as soon as we can after it, and we will restore the Account once the reason has been dealt with.
• Closing. An Owner may close the Account at any time. Work stops for a 30-day window in which the closing can be cancelled. Then the live data is removed, and an export is kept in an isolated archive for 90 days, during which a former Owner may ask us for a copy.
• Closing or locking an Account does not delete files on your own workers. Workspaces, repository clones and transcripts on your machines stay there until you remove them.

12. Confidentiality

Each of us will keep the other’s confidential information confidential, use it only to perform under these terms, and share it only with people who need it for that purpose and are bound to keep it confidential. Your content is your confidential information. This does not cover information that is public through no fault of the recipient, that the recipient already had or developed independently, or that the law requires the recipient to disclose (after telling the other party, where the law allows).

13. Intellectual property and feedback

We own the service, the worker software and everything we build. These terms give you the right to use the service during the beta, and nothing else. If you send us suggestions or feedback, we may use them without any obligation to you.

14. Warranties and disclaimers

THE SERVICE IS A BETA AND IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE OUTPUT OF CODING AGENTS IS CORRECT, SECURE OR FIT TO MERGE, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS.

15. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

1. NEITHER PARTY IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA OR MODEL-PROVIDER CHARGES, ARISING FROM OR RELATED TO THE SERVICE, WHATEVER THE LEGAL THEORY.
2. OUR TOTAL LIABILITY ARISING FROM OR RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF USD 100 AND THE FEES YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM.

These limits do not apply to your obligations under section 16, or to liability that the law does not allow to be limited.

16. Indemnification

You will defend us against any claim by a third party arising from your content, your workers, your use of model providers or forges, or your breach of section 5, and pay the damages and costs a court awards or a settlement you agree to. We will tell you promptly about the claim, let you control its defence, and help you at your expense.

17. Term and termination

These terms last until the beta ends or your Account is closed. Either of us may end them at any time: you by closing your Account, we by giving your Owners 30 days’ notice by email, or at once if you materially break them. Sections 6 and 11 through 19 survive.

18. Governing law and disputes

These terms are governed by the laws of the State of California, excluding its conflict-of-laws rules. The state and federal courts located in California have exclusive jurisdiction over any dispute arising from them, and each of us consents to that jurisdiction.

19. General

• Changes. We may change these terms. We will post the new version here and tell your Owners by email at least 30 days before a material change takes effect. If you keep using the service after that, you accept the change.
• Notices. We send notices to your Account’s Owners by email. You send notices to 50 Sunbeam Acres Lane, Sedona, AZ 86351 or legal@pidgen.ai.
• Assignment. You may not assign these terms without our written consent. We may assign them to a successor to our business.
• Force majeure. Neither of us is liable for a delay or failure caused by events beyond its reasonable control.
• Export and sanctions. You will comply with the export-control and sanctions laws that apply to your use of the service.
• Entire agreement. These terms, the Privacy Policy, any order form and the disclosures the app asks an Owner to accept are the whole agreement between us about the service.
• Severability and waiver. If any part of these terms is unenforceable, the rest stays in effect. Not enforcing a term is not a waiver of it.