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Terms Of Service

Terms of Service - Yoshka.ai (Beta)

Effective Date: March 28, 2025

Last Updated: March 28, 2025

Welcome to Yoshka.ai ("Yoshka.ai," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website https://beta.yoshka.ai/ (the "Site") and our AI-powered code generation services (collectively, the "Service").

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING THE SITE OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS THE SITE OR USE THE SERVICE.

1. ACCEPTANCE OF TERMS

By using the Service, you confirm that you are at least 18 years old or otherwise capable of forming a binding contract, and you agree to comply with these Terms and all applicable laws and regulations. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" in these Terms refers to that organization.

2. DESCRIPTION OF SERVICE & BETA STATUS

a. Service:

Yoshka.ai provides an AI-powered service that generates code suggestions, completions, or blocks ("Generated Output") based on natural language prompts, descriptions, or other inputs provided by the user ("User Input").

b. BETA VERSION:

YOU ACKNOWLEDGE THAT THE SERVICE IS CURRENTLY PROVIDED IN A "BETA" VERSION. THIS MEANS THE SERVICE IS STILL UNDER DEVELOPMENT, TESTING, AND EVALUATION. THE SERVICE MAY CONTAIN BUGS, ERRORS, AND DEFECTS. IT MAY BE UNSTABLE, EXPERIENCE DOWNTIME, AND FEATURES MAY BE ADDED, MODIFIED, OR REMOVED WITHOUT PRIOR NOTICE. DATA, INCLUDING USER INPUT OR GENERATED OUTPUT, MAY BE LOST OR CORRUPTED. YOU USE THE BETA SERVICE AT YOUR OWN RISK. WE ARE UNDER NO OBLIGATION TO PROVIDE TECHNICAL SUPPORT OR TO CONTINUE DEVELOPMENT OR PROVISION OF THE SERVICE.

3. USER ACCOUNTS (If Applicable)

a. Registration:

To access certain features of the Service, you may need to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

b. Security:

You are responsible for safeguarding your account password and for any activities or actions 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.

4. USER INPUT AND GENERATED OUTPUT

a. User Input:

You retain ownership of the intellectual property rights in your original User Input. However, by submitting User Input to the Service, you grant Yoshka.ai a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Input solely for the purposes of:

  • Operating, providing, maintaining, and improving the Service;
  • Generating the Generated Output as requested by you;
  • Developing new features and services;
  • Complying with legal obligations and enforcing our policies;
  • As otherwise described in our Privacy Policy (including potential use for model training, subject to the terms therein).

You represent and warrant that you have all necessary rights to submit the User Input and that your User Input does not violate any third-party rights or applicable laws. Do not submit sensitive personal information, confidential information, or proprietary code that you are not authorized to share or license as described herein.

b. Generated Output:

Ownership: Subject to your compliance with these Terms and Section 4(b)(ii) below, Yoshka.ai hereby assigns to you all its right, title, and interest in and to the specific Generated Output created by the Service directly in response to your User Input.

Important Considerations & Limitations:

  • Similarity: The Service uses AI and may generate the same or similar Output for you or other users based on similar or different User Inputs. Your ownership is only in the specific instance of Output generated for you and does not grant you exclusive rights to that Output if it is identical or similar to Output generated for others.
  • Third-Party Rights: The Generated Output may contain code snippets, patterns, or structures derived from data the AI was trained on, which could potentially be subject to third-party licenses (including open-source licenses) or intellectual property rights. Yoshka.ai makes no representations or warranties regarding the originality, non-infringement, or suitability of the Generated Output.
  • Your Responsibility: You are solely responsible for reviewing the Generated Output for accuracy, security vulnerabilities, compliance with applicable laws, and ensuring it does not infringe on any third-party rights or violate any licenses (including open-source license obligations) before using, deploying, or distributing it. You use the Generated Output entirely at your own risk.

c. Feedback:

If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including to improve the Service and create other products and services, without any compensation to you.

5. ACCEPTABLE USE POLICY

You agree not to use the Service for any purpose that is unlawful or prohibited by these Terms, including but not limited to:

  • Submitting User Input that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
  • Generating Output that facilitates illegal activities, promotes harm, or violates safety guidelines.
  • Attempting to reverse engineer, decompile, disassemble, or otherwise discover the source code, algorithms, or underlying structure of the Service or the AI models.
  • Using the Service in a way that infringes, misappropriates, or violates any third party's intellectual property rights, privacy rights, publicity rights, or other proprietary rights.
  • Interfering with or disrupting the integrity or performance of the Service or the data contained therein.
  • Attempting to gain unauthorized access to the Service, user accounts, or related systems or networks.
  • Using any automated means (e.g., scraping, robots, spiders) to access the Service for any purpose without our express written permission, or imposing an unreasonable load on our infrastructure.
  • Using the Service to develop a competing product or service.

6. INTELLECTUAL PROPERTY RIGHTS

Excluding User Input and your rights in Generated Output as described in Section 4, the Service and all its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, and the underlying AI models) are owned by Yoshka.ai, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordanceance with these Terms for your personal or internal business purposes.

7. FEES AND PAYMENT (Placeholder)

The Beta version of the Service is currently provided free of charge. We reserve the right to introduce fees for the Service or certain features in the future. If we do, we will provide you with advance notice of any applicable fees and payment terms. Your continued use of fee-based services after such notice constitutes your agreement to pay the fees.

8. DISCLAIMERS

a. "AS IS" and "AS AVAILABLE":

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, TITLE, AND NON-INFRINGEMENT.

b. NO WARRANTY OF ACCURACY OR RELIABILITY:

YOSHKA.AI DOES NOT WARRANT THAT THE SERVICE OR THE GENERATED OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE GENERATED OUTPUT IS PRODUCED BY AI AND MAY CONTAIN ERRORS, BUGS, SECURITY VULNERABILITIES, OR INACCURACIES. YOU MUST INDEPENDENTLY VERIFY AND TEST ALL GENERATED OUTPUT BEFORE USE OR DEPLOYMENT.

c. BETA DISCLAIMER:

AS A BETA SERVICE, IT MAY CONTAIN DEFECTS, AND A PRIMARY PURPOSE OF THIS BETA IS TO OBTAIN FEEDBACK ON PERFORMANCE. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION, AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SERVICE AND/OR ACCOMPANYING MATERIALS.

9. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOSHKA.AI, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE OR THE GENERATED OUTPUT, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF YOSHKA.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOSHKA.AI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICE GIVING RISE TO THE CLAIM.

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Yoshka.ai, 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, your User Input, any use of the Generated Output other than as expressly authorized in these Terms, or your use of any information obtained from the Service.

11. TERMINATION

We may terminate or suspend your access to all or part of the Service, without prior notice or liability, for any reason or no reason, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction - e.g., the State of California], without regard to its conflict of law principles. 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 [Your Jurisdiction - e.g., the State of California] located in [Your County/City - e.g., Santa Clara County]. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13. CHANGES TO TERMS

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide reasonable notice prior to any new terms taking effect, such as by posting on the Site or sending an email (if applicable). What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

14. MISCELLANEOUS

  • Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and Yoshka.ai regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
  • Severability: 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.
  • No Waiver: No waiver by Yoshka.ai 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 Yoshka.ai to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Contact Information: Questions about these Terms should be sent to: info@yoshka.ai