Terms of Service

1. Acceptance of Terms

By accessing or using Sparkles ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service. These Terms constitute a legally binding agreement between you and Litmus Labs, Inc., doing business as Sparkles ("Company," "we," "our," or "us").

2. Description of Service

Sparkles is an AI-powered coding assistant that enables users to make changes to their codebase using natural language instructions. The Service provides isolated sandbox environments for code execution, AI-assisted code generation, and GitHub integration for creating pull requests.

3. Account Registration

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

4. GitHub Integration

By connecting your GitHub account, you authorize Sparkles to:

• Access repositories you explicitly grant permission to
• Read and modify code in those repositories
• Create branches and pull requests on your behalf
• Store OAuth tokens to maintain your connection

You are responsible for ensuring you have the right to grant us access to any repositories you connect.

5. Acceptable Use

You agree not to use the Service to:

• Generate malicious code, malware, or code designed to harm systems or users
• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Attempt to bypass security measures or access unauthorized systems
• Generate code that violates third-party terms of service
• Abuse, harass, or harm others through the Service
• Reverse engineer or attempt to extract the source code of our Service
• Use the Service to build a competing product

6. AI-Generated Content

The Service uses AI to generate code and suggestions. You acknowledge that:

• AI-generated code may contain errors, bugs, or security vulnerabilities
• You are responsible for reviewing and testing all generated code before use
• We do not guarantee the accuracy, completeness, or fitness for any purpose of AI-generated content
• You retain ownership of code in your repositories; we claim no ownership of your original code or AI-generated modifications to it

7. Sandbox Environments

Your code runs in isolated sandbox environments. While we implement security measures to isolate environments, you acknowledge that no system is completely secure. Do not store sensitive credentials, secrets, or production data in sandbox environments.

8. Credits and Payment

Paid use of the Service is funded with prepaid credits shared by your organization. By subscribing to a monthly or annual credit plan:

• You authorize the recurring monthly or annual charge shown at checkout until cancellation
• Monthly plans grant credits after each paid monthly invoice; each annual charge equals 10 monthly charges and grants 12 months of credits up front
• You can update payment details or cancel at the end of the paid period through the organization billing portal
• Credits are non-refundable and have no cash value except as required by law
• Credits remain with the purchasing organization and are deducted as model inference is used
• We may change future package prices or inference rates with reasonable notice

9. Intellectual Property

The Service, including its design, features, and underlying technology, is owned by Sparkles and protected by intellectual property laws. You retain all rights to your code and content. You grant us a limited license to process your code solely to provide the Service.

10. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPARKLES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify and hold harmless Sparkles and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

14. Termination

We may suspend or terminate your access to the Service at any time for any reason, including violation of these Terms. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination shall survive.

15. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms and updating the "Last updated" date. Continued use of the Service after changes constitutes acceptance of the modified Terms.

16. Governing Law

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

17. Dispute Resolution

Any disputes arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.

18. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

19. Contact Us

If you have any questions about these Terms, please contact us at dan@sparkles.dev