Terms of Service

This Service Agreement ("Agreement") is a binding contract between you ("User") and Finedev Ltd. ("Finedev," "we," or "us") and our affiliates, where specified. This Agreement, along with our Privacy Policy, governs your access to and use of www.fine.dev ("Website"), our web application ("App"), and any software, application, content, functionality, and services (collectively, the "Services") provided by Finedev, whether as a guest or registered user.

Please review this Agreement thoroughly before using our Services. By using our Services, you agree to be bound by these terms. If you disagree with this Agreement, you must refrain from accessing or using our Services.

Your ability to access the Services depends on third parties like GitHub or Google. You acknowledge that your access to the Services is subject to the terms of these third parties, which may change at their discretion.

1. Age Requirements

The Website and Services are intended for users aged 13 and above. By accessing or using the Services, you confirm that you are at least thirteen (13) years old and possess the legal capacity to enter into this Agreement and use the Services in accordance with these terms.

2. Modifications to the Agreement

We may update this Agreement from time to time at our sole discretion by posting a revised version on the Website. All changes take effect immediately upon posting. Finedev may provide reasonable notice of any significant changes, as determined by us, by posting the updated Agreement on the Website. Any revisions to the Agreement will be effective on the specified date at the top of these terms.

3. About Finedev

Finedev Ltd. is an AI-driven company offering intelligent, automated solutions to enhance software development processes, including but not limited to code generation, error detection, and continuous integration/deployment.

4. User Accounts

You may create a Finedev user account ("Account"). To register an Account, you must have an existing GitHub or Google account. You can sign up for the Services using your GitHub or Google account and authorize Finedev to access your GitHub or Google account, including your profile information, primary email address, organization details (such as name and description), and information about the GitHub repositories you can access. You control the scope of authority granted to Finedev to the extent allowed by GitHub.

You are responsible for maintaining the security and confidentiality of your Account information. You agree that you are solely liable for any losses incurred by us or any other user or visitor to the Services due to unauthorized use of your Account resulting from your failure to keep your account information secure and confidential.

You represent and warrant that you have all necessary rights, consents, authorizations, and permissions to grant Finedev access to your GitHub or GitLab account for the purposes described in this Agreement, without breaching any terms and conditions governing your GitHub or GitLab account and without subjecting Finedev to any payment obligations, usage limitations, or other liabilities.

Authorized Users

You are responsible and liable for all uses of the Services resulting from access provided by you, directly or indirectly, whether such access or use complies with or violates this Agreement. Without limiting the foregoing, you are responsible for all acts and omissions of anyone authorized to access or use the Services on your behalf ("Authorized User(s)"), and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by you will be deemed a breach of this Agreement by you. You shall make reasonable efforts to inform all Authorized Users of this Agreement's provisions as applicable to their use of the Services and shall ensure Authorized Users comply with such provisions.

5. Prohibited Uses

You may use our Services only for lawful purposes and in accordance with this Agreement. You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• To exploit, harm, or attempt to exploit or harm minors in any way.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate Finedev, a Finedev employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Finedev or users of the Services, or expose them to liability.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services.
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
• Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in this Agreement, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Services.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

6. Confidential Information

During the term of this Agreement, either party ("Disclosing Party") may disclose or make available to the other party ("Receiving Party") information about its business affairs, products, confidential intellectual property, trade secrets, financial information, third-party confidential information, and other sensitive or proprietary information. Such information, whether disclosed orally or in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as "confidential," shall be considered confidential information if it should be reasonably understood to be confidential given the nature of the information and the circumstances of disclosure.

The Receiving Party shall maintain the confidentiality of all confidential and proprietary information and shall not disclose it to any person or entity, except to employees, agents, or subcontractors who have a legitimate need to know to perform their obligations under this Agreement and who are bound by confidentiality obligations no less stringent than those in this Agreement.

Confidential and proprietary information does not include information that: (a) is or becomes publicly known through no fault of Finedev, our service providers, or service integrations providers, or their representatives; (b) is already known to the Receiving Party at the time of disclosure; (c) is rightfully obtained on a non-confidential basis from a third party without breach of any confidentiality obligation; or (d) is independently developed by or for us without access to or use of any of your confidential and proprietary information.

Notwithstanding the foregoing, Finedev, our service providers, or service integrations providers, or their representatives may be required to disclose your confidential and proprietary information (a) to comply with a court order or other governmental body, or as otherwise necessary to comply with applicable law, with reasonable notice to you and effort to obtain a protective order; or (b) to establish Finedev's rights under this Agreement, including to make required court filings.

Finedev's software, applications, scripts, code, plug-ins and technology incorporated in the Services, the design and layout of the Finedev Platform user interface, all pricing information relating to the Services, and the terms and conditions of this Agreement (including all Orders) shall be deemed Confidential Information of Finedev without any marking or further designation.

7. Code Sharing and Privacy

Your proprietary code remains confidential with Finedev. You have the option to opt out of data storage. However, opting in helps us refine our Service based on your usage patterns. While we share the code with our AI providers for review purposes, neither Finedev nor our AI providers use your code to train our models. We adhere to strict privacy policies to ensure the security and confidentiality of your code. It's worth noting that open-source project code is an exception; we may use it to train our system.

8. Purchases and Subscriptions

All subscriptions are payable according to the payment terms in effect when the subscription becomes due. Payment can be made via credit card, debit card, or other methods we may offer. If you purchase a Subscription, you will be billed on a recurring basis ("Billing Cycle"). Billing Cycles are set monthly or annually, depending on your Subscription choice. By purchasing a Subscription, you agree that it will automatically renew, and you will be charged until you cancel.

At the end of each Billing Cycle, your Subscription will automatically renew for the same price and duration as your initial Subscription terms unless you or Finedev cancel your Subscription.

Subscriptions are processed and managed on behalf of Finedev by Paddle. By providing your Payment Method, you authorize Paddle to charge all Subscription fees incurred through your Account.

If you purchase the Services on a subscription model ("Subscription(s)"), you agree to pay us the applicable Fees and taxes. Failure to pay these fees and taxes will result in the termination of your access to the paid Services. Fees are based on the total number of "developer seats" selected for Services during the applicable billing period.

You agree that (a) if you purchase a recurring subscription to any of the Services, our third-party payment processor may store and continue billing your payment method (e.g., credit card) to avoid interruption of such Services, and (b) we may calculate taxes payable by you based on the billing information you provide at the time of purchase. Our pricing is available at https://www.fine.dev/pricing.

Finedev, at its sole discretion and at any time, may modify Subscription fees. Any Subscription fee change will take effect at the end of the current Billing Cycle. Finedev reserves the right to (i) modify the terms of a Free Trial offer, or (ii) cancel such Free Trial offer at any time without notice.

Your continued use of the Service after a Subscription fee change indicates your agreement to pay the modified Subscription fee amount.

Subscriptions can be cancelled at any time before the next subscription cycle, and the cancellation will take effect from the next subscription cycle. Refunds may be issued at Finedev's discretion.

9. Third-Party Materials

The Services may display, incorporate, allow access to, or make available content, data, information, applications, systems, materials, and other resources of third parties ("Third-Party Materials") or provide links to certain third-party websites. By using the Services, you acknowledge and agree that Finedev is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, security, or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party products or services, Third-Party Materials, or third-party websites. Third-Party Materials and links to other websites are provided solely as a convenience to you. For purposes of this Agreement, any third-party products and services, Third-Party Materials, and third-party websites are subject to their own terms and conditions. If you do not agree to abide by the applicable terms for any such third-party products and services, Third-Party Materials, and third-party websites, then you should not install, access, or use such third-party products and services, Third-Party Materials, or third-party websites.

10. Intellectual Property Rights

The Services and its entire contents, features, and functionality (including but not limited to the Website, App, software, applications, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Finedev, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Finedev hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to access and use the Service solely for your internal business operations as set forth in this Agreement and expressly conditioned upon your Account remaining active, in good standing, and in full compliance with this Agreement. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services except as permitted by this Agreement. Further, you must not use the Services to create or in relation to any product or service that competes with the Services.

The Finedev intellectual property rights, including name, copyrights, patents, trade secrets, logo, trademarks and all related intellectual property rights are property of Finedev or its affiliates or licensors. You must not use such property without the prior written permission of Finedev. All other names, logos, product and service names, designs, and slogans on this Services are the trademarks of their respective owners.

11. User Content

"User Content" refers to any information, data, or content that you upload, post, input, or submit while using a service, such as submitting code for review or adding content to your profile. Finedev treats your User Content as confidential information. We are not obligated to back up your content, and it may be deleted without notice. It's your responsibility to create and maintain backup copies if desired.

Finedev's use of your content should not infringe on third-party rights, violate any laws, or breach terms of service or agreements related to your GitHub or GitLab account.

Additionally, you should not provide User Content that violates any fiduciary duty or contractual obligation. If you become aware of the service being used for illegal purposes, you should notify Finedev.

12. Warranty Disclaimer

We provide the Services "as is" and without any representation or warranty, whether express, implied, or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Without limiting the foregoing, we do not represent or warrant that the Services will be accessible without interruption or that the Services, any content from the Website, or the server that makes the Services available are free from errors, defects, design flaws, omissions, viruses, or other harmful components. Your use of the Services is at your own risk. Some states do not allow the disclaimer of implied warranties, so portions of this disclaimer may not apply to you.

13. Limitation of Liability

In no event will we be liable, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, to you or any other person for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive, or consequential damages), arising out of or in connection with any use of, the inability to use, or the results of use of the Services, including any mobile application, website or its content, even if we have been advised of the possibility of such damages. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so portions of this limitation may not apply to you. In no event will we be liable or responsible for any errors or omissions in the content of the Services, including, without limitation, errors in pricing or availability of services and products, or damages that may result from misrepresentation of age by a user of the Services. In no event will Finedev's total liability to you for all damages, losses or causes of action exceed the amount you have paid Finedev in the last six (6) months, or, if greater, one hundred dollars ($100).

You agree that any cause of action that you may have arising out of or related to the Website or Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

14. Indemnification

You agree to indemnify and hold harmless Finedev, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Services, (ii) any violation of this Agreement (including negligent or wrongful conduct) by you, (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, or (iv) your User Content. In states where the law does not recognize a cap on liability and/or indemnity obligations, you agree to hold harmless Finedev and be fully responsible for any loss, liability and/or legal fees that arise from the violation of the Agreement herein.

15. Marketing

Finedev may publicly refer to Customer as a customer of Finedev, including on Finedev's website and in sales presentations, and may use Customer's logo for such purposes. Similarly, Customer may publicly refer to itself as a customer of Finedev's software as a service, including on Customer's website. 16. Dispute Resolution

Any dispute arising out of or relating to this Agreement, or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Any such arbitration shall take place in Israel.

17. Governing Law

This Agreement and any claim arising out of it will be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of law principles.

18. Survival

After this Agreement terminates, the terms that expressly or by their nature contemplate performance after termination or expiration will survive and continue in full force and effect. For example, the provisions protecting intellectual property, indemnification, payment of fees, and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates. Without limiting any other provisions of the Agreement, the termination of these Terms for any reason will not release you from any obligations incurred prior to termination of the Terms or that thereafter may accrue in respect of any act or omission prior to such termination.

19. Assignability

You may not assign this Agreement, or any of its rights or obligations hereunder, without Finedev's prior written consent in the form of a written instrument signed by a duly authorized representative of Finedev. Finedev may freely assign this Agreement without User's consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Agreement is binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.

20. Waiver and Severability

No waiver by Finedev of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Finedev to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.

21. Access of the Site Outside Israel

Given the global nature of the Internet, you agree to comply with all local rules, including, without limitation, rules about the Internet, data, email, privacy, copyright and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from Israel or the country in which you reside.

To access or use the Website or Services, you must and hereby represent that you are not: (a) a citizen or resident of a geographic area in which access to or use of the Website or Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or located in, a geographic area that is subject to Israel or other sovereign country sanctions or embargoes; or (c) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to Israel export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, you will immediately cease using the Services and your license to use the Services will be immediately revoked.

22. Consent to Use Electronic Records

In connection with this Agreement, you may be entitled to receive certain records from Finedev or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Services, you give us permission to provide these records to you electronically instead of in paper form.

23. Entire Agreement

This Agreement constitutes the sole and entire agreement between you and Finedev and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, to the extent they relate in any way to the Services.

24. Contact Information

For questions or concerns related to this Agreement, please contact us at: hello@fine.dev