1. Acceptance of Terms

Welcome to Eitherway, operated by Eitherway AI Inc. By accessing or using our AI-powered application development platform, including our website, web application, Figma plugin, and related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms").

If you do not agree to these Terms, you may not access or use the Service. We reserve the right to modify these Terms at any time. Your continued use of the Service after any changes constitutes acceptance of the new Terms.

2. Eligibility

You must be at least 18 years old to use the Service. By using Eitherway, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Account Registration

To access certain features of the Service, you must create an account. You may register using email, Google login, or by connecting a cryptocurrency wallet.

You agree to:

Provide accurate and complete registration information
Maintain the security of your account credentials
Promptly notify us of any unauthorized access to your account
Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our discretion.

4. Service Description

Eitherway is an AI-powered platform that helps users build web applications through natural language prompts. The Service includes:

AI-assisted code generation using large language models
A Figma plugin for exporting designs to code
In-browser code editing and preview
Project deployment capabilities
Integration with third-party services (GitHub, Vercel, Netlify, Supabase, etc.)
Brand kit management for design assets

5. AI-Generated Content Disclaimer

Important: The Service uses artificial intelligence to generate code and applications. You acknowledge and agree that:

AI-generated code is provided "as is" without any warranties
Generated code may contain errors, bugs, or security vulnerabilities
You are solely responsible for reviewing, testing, and validating all generated code before use
AI-generated content does not constitute professional software engineering, legal, financial, or security advice
We do not guarantee that generated code will be fit for any particular purpose
You should not rely on AI-generated code for critical systems without proper review

You assume all risks associated with the use of AI-generated content.

6. Credits, Subscriptions, and Payments

6.1 Credits System

The Service operates on a credit-based system. Credits are consumed when you use AI features such as code generation and design analysis. Credit costs vary based on the complexity and type of operation.

6.2 Subscriptions

We offer subscription plans that provide monthly credit allowances and additional features. Subscription details, pricing, and included credits are displayed at the time of purchase.

6.3 Payments

Payments are processed through Stripe (for card payments) and NOWPayments (for cryptocurrency payments). By making a purchase, you agree to the payment processor's terms of service.

6.4 Refunds

Credit purchases and subscription payments are generally non-refundable. Refund requests may be considered on a case-by-case basis at our discretion. Contact support@eitherway.ai for refund inquiries.

7. Referral Program

We offer a referral program that allows users to earn commissions by referring new users to the platform. By participating, you agree to:

Use only legitimate methods to share your referral link
Not engage in spam, fraud, or deceptive practices
Not create fake accounts or self-refer
Accept that commission rates and terms may change

We reserve the right to void commissions and terminate accounts engaged in fraudulent referral activity.

8. Acceptable Use

You agree not to use the Service to:

Generate malicious code, malware, or code intended to harm others
Create applications that facilitate illegal activities
Infringe on intellectual property rights of others
Harass, abuse, or harm other users
Attempt to gain unauthorized access to our systems
Circumvent rate limits or abuse the Service
Resell or redistribute the Service without authorization
Use automated systems to access the Service in violation of these Terms
Generate content that is illegal, harmful, or violates third-party rights

9. Intellectual Property

9.1 Your Content

You retain ownership of any original content, code, designs, and materials you provide to the Service ("Your Content"). By using the Service, you grant us a limited license to process Your Content solely for the purpose of providing the Service to you.

9.2 Generated Code

Code generated by our AI based on your prompts is owned by you, subject to any third-party licenses that may apply to libraries, frameworks, or code patterns used in the generation.

9.3 Our Property

The Service, including its design, features, branding, and underlying technology, is owned by Eitherway AI Inc and protected by intellectual property laws. These Terms do not grant you any rights to our trademarks, logos, or branding.

10. Third-Party Services

The Service integrates with third-party services including but not limited to:

AI providers (Anthropic/Claude)
Authentication (Privy)
Payments (Stripe, NOWPayments)
Deployment (Vercel, Netlify)
Version control (GitHub)
Backend services (Supabase)
Design tools (Figma)

Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the availability, accuracy, or practices of third-party services.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EITHERWAY AI INC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

Loss of profits, revenue, or data
Business interruption
Damages arising from use of AI-generated code
Security breaches or vulnerabilities in generated applications
Errors or inaccuracies in generated content
Third-party service failures

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY OR RELIABILITY OF AI-GENERATED CONTENT

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

13. Indemnification

You agree to indemnify, defend, and hold harmless Eitherway AI Inc, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any third-party rights
Applications you build or deploy using the Service
Your use of AI-generated code

14. Termination

You may terminate your account at any time by contacting support. We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice.

Upon termination:

Your right to access the Service ceases immediately
We may delete your account data after a reasonable retention period
Unused credits and subscription time are not refundable
Provisions that by their nature should survive termination will remain in effect

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved in the courts of competent jurisdiction.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Contact Us

If you have questions about these Terms, contact us at:

Legal Inquiries: inquiries@eitherway.ai
General Support: support@eitherway.ai

Eitherway AI Inc