Refacto.AI Terms and Conditions
Last Updated: May 30, 2025
Welcome to Refacto.AI! These Terms and Conditions ("Terms") govern your access to and use of the Refacto.AI website, our AI-powered code review application ("Refacto.AI" or the "Service"), and any related services provided by DevDynamics, Inc. ("Company," "we," "us," or "our").
PLEASE READ THESE TERMS CAREFULLY.
BY ACCESSING, REGISTERING FOR, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.
If you are using the Service on behalf of an organization or entity ("Organization"), then you are agreeing to these Terms on behalf of that Organization, and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, "you" and "your" will refer to that Organization.
1. SERVICE DESCRIPTION: Refacto.AI is an AI-powered service designed to assist developers and development teams by automatically reviewing source code submitted through integrated platforms (such as GitHub). The Service analyzes code for potential bugs, security vulnerabilities, adherence to best practices, and code quality issues, providing feedback and suggestions ("Review Results").
2. ACCOUNTS AND REGISTRATION
2.1. Account Creation: To use certain features of the Service, you may need 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.
2.2. Account Responsibility: You are responsible for safeguarding your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to comply with this security obligation.
2.3. Eligibility: You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant that you are at least 18 years old.
3. ACCESS TO AND USE OF THE SERVICE
3.1. License Grant: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal business purposes or personal use, as applicable, in accordance with its intended functionality.
3.2. GitHub Integration: To use Refacto.AI, you will need to authorize the Service to access your GitHub repositories or other version control systems as supported. You grant us permission to access your repositories, including Source Code, commit history, pull request data, and related metadata, solely for the purpose of providing the Service to you.
3.3. Acceptable Use: You agree not to use the Service:In any way that violates any applicable federal, state, local, or international law or regulation.To transmit, or procure the sending of, any advertising or promotional material without our prior written consent.To impersonate or attempt to impersonate the Company, a Company 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 Service, or which, as determined by us, may harm the Company or users of the Service or expose them to liability.To decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of the Service, its underlying AI models, proprietary algorithms, or system architecture.To use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service, without our prior written consent.
To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service, including but not limited to, attempting to extract, replicate, or misuse LLM prompts, prompt structures, or other proprietary configurations used by the Service.To misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.
4. SOURCE CODE, DATA PROCESSING, AND INTELLECTUAL PROPERTY
4.1. Your Source Code:
(a) Ownership: You retain all ownership rights, title, and interest in and to the Source Code you submit to or allow the Service to access ("Your Code"). These Terms do not grant us any rights to Your Code except for the limited rights needed to provide the Service.
(b) Ephemeral Processing: You understand and agree that Refacto.AI processes Your Code ephemerally (i.e., in memory or temporarily for the duration of the analysis) to generate Review Results. Refacto.AI does not persistently store your raw Source Code on its servers.
(c) License to Process: You grant us a worldwide, non-exclusive, royalty-free, sublicensable (to our service providers, including AI model providers, under strict confidentiality obligations) license to access, use, process, copy, distribute, perform, and display Your Code solely as necessary to:
(i) provide, maintain, and improve the Service for you;
(ii) prevent or address service, security, or technical issues; and
(iii) as required by law.
4.2. Repository Metadata and Review Results:
(a) Storage: We may store Repository Metadata (as defined in our Privacy Policy) and the Review Results generated by the Service. Review Results may include illustrative snippets of Your Code as part of a specific suggestion or explanation.
(b) Use of Anonymized/Aggregated Data: We may use anonymized and aggregated data derived from Repository Metadata and Review Results to improve the Service, our AI models, and for research and statistical purposes, provided such data does not identify you or your Organization and does not include or allow for the reconstruction of Your Code.
4.3. Our Intellectual Property:The Service, including its "look and feel" (e.g., text, graphics, images, logos), proprietary content, information, AI models, algorithms, system architecture, LLM prompts and prompt engineering techniques, and other materials, are the exclusive property of the Company and its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the Service, except as expressly permitted by these Terms."Refacto.AI" and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.
5. FEES AND PAYMENT
5.1. Subscription Fees: Certain features of the Service may be offered on a subscription basis ("Subscription"). If you purchase a Subscription, you agree to pay the applicable fees as set forth on our Website or as otherwise agreed with us.
5.2. Payment Processing: All fees are payable in U.S. dollars unless otherwise specified. We use third-party payment processors to bill you through a payment account linked to your account on the Service. The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processors in addition to these Terms. We do not collect or store your full payment card details. That information is provided directly to our third-party payment processors.
5.3. Renewals and Cancellations: Subscriptions may automatically renew unless you cancel your Subscription through your account settings or by contacting us before the end of the current subscription period.
5.4. Changes in Fees: We reserve the right to change our Subscription fees. We will provide you with reasonable prior notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.
5.5. Taxes: You are responsible for all taxes associated with your purchase of the Service (excluding taxes based on our net income).
6. CONFIDENTIALITY
6.1. Our Confidentiality Obligations: We will treat Your Code accessed by the Service as confidential information and will use it solely for the purposes of providing and improving the Service as outlined in these Terms and our Privacy Policy. We will implement reasonable technical and organizational measures to protect the confidentiality of Your Code during its ephemeral processing.
6.2. Your Confidentiality Obligations: You are responsible for maintaining the confidentiality of your account credentials. You agree not to disclose or attempt to discover proprietary aspects of the Service, including but not limited to its underlying architecture, algorithms, or specific LLM prompt configurations, beyond what is made publicly available by the Company.
7. THIRD-PARTY SERVICES
7.1. GitHub and Other Integrations: The Service integrates with third-party platforms like GitHub. Your use of such third-party services is governed by their respective terms and privacy policies. We are not responsible for the data, content, or practices of these third-party services.
7.2. AI Model Providers: We may use third-party AI model providers to perform aspects of the code analysis. We ensure such providers are bound by strict confidentiality and data protection agreements, obligating them to process submitted code snippets ephemerally and not use them for training their general models or for any other purpose not authorized by us for the provision of the Service to you.
7.3. Payment Processors: As stated in Section 5, we use third-party payment processors.
8. SERVICE AVAILABILITY AND MODIFICATIONS
8.1. Availability: We will use commercially reasonable efforts to make the Service available. However, we do not guarantee that the Service will be uninterrupted or error-free. Access may be suspended temporarily without notice for maintenance, repairs, system failure, or other reasons.
8.2. Modifications: We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
9. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.WE DO NOT WARRANT THAT THE SERVICE OR THE REVIEW RESULTS WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT YOUR RELIANCE ON THE SERVICE AND ANY REVIEW RESULTS IS SOLELY AT YOUR OWN RISK. THE REVIEW RESULTS ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE.
10. LIMITATION OF LIABILITYTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.IN NO EVENT SHALL THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO THE COMPANY, IF ANY, IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100.00), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY.THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, any use of the Service's content, Review Results, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Service.
12. TERM AND TERMINATION
12.1. Term: These Terms will remain in full force and effect while you use the Service.
12.2. Termination by You: You may terminate your account and these Terms at any time by discontinuing use of the Service and deleting your account through the Service settings, if available, or by contacting us at [email protected].
12.3. Termination by Us: We may suspend or terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. Reasons for termination may include, but are not limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of the Service, or (e) unexpected technical or security issues or problems, or (f) any activity by you that we, in our sole discretion, deem to be a misuse of the Service or an attempt to compromise its integrity or intellectual property.
12.4. Effect of Termination: Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and any dispute or claim arising out of, or related to, them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Delaware, United States, without giving effect to any choice or conflict of law provision or rule.Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
14. CHANGES TO TERMSWe reserve the right, at our sole discretion, 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 Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
15. MISCELLANEOUS
15.1. Entire Agreement: These Terms and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.
15.2. Waiver and Severability: No waiver by the Company of any term or condition set out in these Terms 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 the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 Terms will continue in full force and effect.
15.3. Assignment: You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. We may assign our rights or delegate our obligations under these Terms without condition.
15.4. Notices: We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Service. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
16. CONTACT INFORMATIONIf you have any questions about these Terms, please contact us at:DevDynamics, Inc.1013 Centre Road, Suite 403-B Wilmington, DE 19805 Email: [email protected]