Terms of Service

Last updated: August 22, 2021

These Terms of Service ("Terms") govern your access to and use of websites, applications, APIs, software, AI-powered features, and related services operated by Anthony Kung ("we", "us", or "our") (collectively, the "Services").

These Terms are intended to establish a clear contractual framework for use of the Services. They describe the conditions under which access is granted, the responsibilities that apply to users, the rights we reserve to protect the Services and others, and certain limits on liability and warranties. If you do not agree to these Terms, you must not access or use the Services.

Certain Services may be subject to additional product-specific terms, documentation, or commercial agreements. In the event of a conflict between these Terms and a separately executed written agreement for a paid or enterprise offering, the written agreement will control for that offering to the extent of the conflict.

1. Eligibility and Authority

You may use the Services only if you are legally able to form a binding agreement and are not otherwise prohibited from using the Services under applicable law.

If you access or use the Services on behalf of a company, institution, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms. In that case, "you" refers both to the individual user and the entity on whose behalf the Services are used, where applicable.

2. Accounts, Credentials, and Access

Some Services require an account, workspace, API key, token, or similar credentials. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account or access methods, except to the extent prohibited by law.

You must provide accurate and current information when creating an account and keep that information reasonably up to date. We may suspend or restrict access where we believe account information is materially inaccurate, misleading, or associated with abuse, unauthorized use, or legal risk.

3. Acceptable Use

You may not use the Services in a manner that violates law, infringes the rights of others, or interferes with the operation, integrity, or security of the Services.

Prohibited conduct includes, for example:

distributing malware, phishing content, or exploit material
unauthorized access or attempts to bypass security controls
scraping, harvesting, or extracting data in an unauthorized manner
fraud, impersonation, deception, or abusive automation
harassment, threats, or misuse of platform functionality to harm others
interference with platform performance, reliability, or availability

Use of AI-powered features is also subject to our Acceptable AI Use Policy. Use of APIs and developer surfaces is also subject to our API Usage Policy.

4. User Content

You retain ownership of content that you submit to the Services, subject to the rights necessary for us to operate the Services. By submitting content, you grant us a limited, non-exclusive, worldwide license to host, store, reproduce, process, transmit, modify for technical purposes, and display that content solely as necessary to provide, secure, support, and improve the Services.

You represent and warrant that you have the rights necessary to submit the content and to grant the foregoing license. You are responsible for the legality, accuracy, and appropriateness of content you submit.

5. Moderation and Enforcement

We may monitor, review, remove, block, or restrict content or access where reasonably necessary to enforce these Terms, protect users or third parties, preserve service integrity, investigate abuse, or comply with applicable law or legal process.

Moderation decisions may be based on automated systems, manual review, user reports, internal investigation, or a combination of those methods. Additional context regarding our moderation practices is available in the Content Moderation Policy.

6. Privacy and Data Processing

Our collection, use, retention, and sharing of information is described in the Privacy Policy. If you are a business customer and the Services involve processing of personal data on your behalf, the Data Processing Agreement may also apply where relevant.

You remain responsible for determining whether the Services are appropriate for the categories of personal data you choose to process and for meeting any notice, consent, or lawful basis requirements applicable to your use case.

7. AI and Automated Functionality

Some Services incorporate AI, machine learning, or automated decision-support features. Such functionality may generate probabilistic, incomplete, inaccurate, or otherwise unsuitable output. You are responsible for evaluating outputs before relying on them and for implementing any human review appropriate to your use case.

We do not represent that AI-generated outputs are error-free, bias-free, fit for a particular purpose, or appropriate for regulated or high-risk decision making. More detailed AI-specific restrictions are described in the Acceptable AI Use Policy.

8. APIs, Integrations, and Developer Access

If a Service exposes an API, SDK, webhook, or other integration surface, your use of that interface must comply with the API Usage Policy, any product documentation, and any technical or commercial restrictions associated with your access tier.

We may impose rate limits, quotas, concurrency restrictions, or usage caps, and may suspend or revoke developer access where necessary to preserve platform security, reliability, or compliance.

9. Availability, Maintenance, and Changes

We may modify, suspend, discontinue, or impose limits on any part of the Services at any time. Some Services may be experimental, research-oriented, or subject to rapid iteration, and functionality may change without notice.

General operational expectations are described in the Service Reliability and Availability Policy. Unless we expressly agree otherwise in writing, the Services are not provided under a guaranteed uptime or service credit commitment.

10. Third-Party Services and Components

The Services may rely on third-party infrastructure, software, hosting, communications providers, analytics vendors, AI providers, or other service providers. We are not responsible for downtime, errors, policy changes, or data handling practices attributable to those third parties except as required by law.

Open-source and third-party software notices are addressed further in our Open Source Components and Third-Party License Notice.

11. Intellectual Property

Except for your content and third-party materials governed by their own terms, the Services, including software, visual design, branding, documentation, and related content, are owned by us or our licensors and are protected by intellectual property law.

You may not copy, license, distribute, reverse engineer, or create derivative works from the Services except as permitted by applicable law, by written permission, or by the license terms applicable to a specific open-source component.

12. Suspension and Termination

We may suspend, limit, or terminate access to the Services if we reasonably believe that you have violated these Terms, created a security or legal risk, abused the Services, failed to pay applicable fees, or if we decide to discontinue a Service.

You may stop using the Services at any time. Sections of these Terms that by their nature should survive termination will survive, including those relating to intellectual property, disclaimers, limitation of liability, indemnity, and dispute-related provisions.

13. Disclaimers

To the maximum extent permitted by law, the Services are provided on an "AS IS" and "AS AVAILABLE" basis. We disclaim all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, accuracy, and error-free operation.

We do not warrant that the Services will be secure, uninterrupted, timely, or free from harmful components, or that defects will always be corrected.

14. Limitation of Liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenues, business opportunities, goodwill, or data arising out of or related to the Services, even if advised of the possibility of such damages.

To the fullest extent permitted by law, our aggregate liability for all claims arising out of or relating to the Services will not exceed the greater of:

the amount you paid us for the applicable Service during the 12 months preceding the event giving rise to the claim, or
USD $100

Some jurisdictions do not allow certain liability limitations, so portions of this section may not apply to you.

15. Indemnity

To the extent permitted by law, you agree to indemnify, defend, and hold harmless Anthony Kung and related personnel from claims, liabilities, damages, judgments, losses, and expenses arising out of or related to your misuse of the Services, your violation of these Terms, your content, or your infringement of the rights of any third party.

16. Governing Law

Unless applicable law requires otherwise, these Terms are governed by the laws of the State of Oregon, without regard to conflict-of-law principles. Any dispute arising from or relating to these Terms or the Services will be resolved in the courts located in Oregon, and you consent to personal jurisdiction and venue in those courts, except where prohibited by law.

17. Changes to These Terms

We may update these Terms from time to time to reflect legal, operational, or product changes. Updated Terms become effective when posted unless a later effective date is specified. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

18. Contact

Questions about these Terms may be sent to support@anth.dev.