Terms of Service

Last Updated: March 18, 2025

Introduction

These terms constitute a legal agreement between you and Genfly Labs Incorporated ("Genfly," "we," or "us"). Your use of genfly.dev (the "Site") and the services made available on the Site ("Services") is subject to these Terms of Service (these "Terms"). By using the Site and any of our Services, you:

• Acknowledge that you have read and understood these Terms
• Agree to be bound by these Terms
• Agree to our Privacy Policy (genfly.dev/privacy-policy)
• Commit to comply with all applicable laws and regulations

License to use our services

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable license to use our Services. This license includes the right to use our Services for both personal and commercial purposes, subject to your subscription plan and these Terms.

Intellectual property rights

Our rights

Genfly Labs Incorporated owns and retains all rights, title, and interest in and to:

Brand elements

• The "Genfly" name and brand
• The "Genfly.dev" domain name and all related domains and variants
• The "GPT Engineer" trademark and brand and variants
• All Genfly logos, designs, and visual elements
• All marketing materials and website content

Platform elements

• The Site architecture and design
• All platform features and functionalities
• Our proprietary algorithms and systems
• The user interface and experience design
• All documentation and supporting materials

Website content

• All text, graphics, and media on genfly.dev
• Blog posts, documentation, and guides
• Marketing materials and promotional content
• Interface elements and design components

These elements are protected by copyright, trademark, trade dress, patent laws, and other intellectual property rights.

Clear distinction of rights

To be explicitly clear, while Genfly owns all rights to the platform and brand elements described above, this ownership is entirely separate from and does not extend to:

• User-generated content
• Code generated using our platform
• Applications built with our tools
• Custom configurations and implementations
• Modified or derivative works created from generated code
• Your own code commits and changes made outside of Genfly but committed or visible in any way

User rights

Genfly makes no claim to ownership of:

• All code generated using our Services
• Applications and solutions built using our platform
• Custom implementations and modifications
• Derivative works based on generated code
• Your business logic and application structure

Usage rights

You may freely:

• Use generated code commercially
• Modify and adapt generated code
• Distribute generated code in any form
• Sell applications built using our platform
• Open source your implementations

To be explicitly clear:

• Genfly places no restrictions on your use of generated code
• You are free to use, modify, and distribute generated code without attribution requirements
• No licenses or royalties are owed by Genfly users to Genfly for using generated code
• Your implementations and modifications are yours to control
• You can combine generated code with other sources without needing approval from Genfly

Data usage, training, and learning

We collect and process data from your use of the Services to improve our platform, provide support, and enhance user experience. While our Privacy policy contains detailed information about data collection and processing, this section outlines how we use your data within our Services.

Service improvement and training

Your use of our platform contributes to its continuous improvement. We analyze generated code, prompts, and usage patterns to enhance our AI systems and improve code generation accuracy. This analysis helps us understand how developers interact with our platform, enabling us to optimize performance and reliability while identifying areas for enhancement.

We specifically use this data to:

• Train and refine our AI systems, improving their ability to understand developer requirements and generate appropriate code
• Enhance the quality and accuracy of code generation through pattern analysis and learning
• Optimize platform performance based on real-world usage patterns
• Identify and resolve technical issues through systematic analysis
• Develop new features and capabilities based on user needs and behavior

Support and operational uses

We utilize collected data to provide comprehensive support and maintain optimal platform operations. This includes monitoring system performance, analyzing error patterns, and generating internal reports that help us maintain and improve service quality. Our support team uses this information to:

• Provide more effective technical assistance by understanding common issues and usage patterns
• Monitor and maintain platform stability and performance
• Generate insights that help improve our documentation and user guides
• Create aggregate usage statistics for service optimization
• Develop internal analytics that guide platform improvements

Enterprise plan considerations

Enterprise customers receive enhanced data protection and control. For these users:

• We explicitly waive our right to use their data for training purposes
• Custom data handling agreements are available
• No sharing with third parties occurs without explicit consent

Data retention and management

We maintain clear policies regarding data retention and management:

• Data is retained only as long as necessary for the purposes described above
• You may request data deletion subject to our retention policies and technical feasibility
• Some data may be retained for compliance purposes

Our commitment to responsible data usage

We are committed to responsible data usage practices that balance platform improvement with user privacy and trust. This includes:

• Implementing strict data access controls
• Regular security audits and compliance checks
• Employee training on data handling
• Transparent data usage practices
• Regular policy reviews and updates

For complete details about data collection, processing, and your privacy rights, please refer to our Privacy policy at genfly.dev/privacy-policy.

User accounts and content

Account creation and management

• You may create an account to use our Services
• You are responsible for maintaining account security
• Currently, account deletion must be requested via support
• We reserve the right to terminate accounts that violate these Terms

User content

You may upload content including but not limited to:

• Code
• Images
• Videos
• Fonts
• Other digital assets

You represent that:

• You have all necessary rights to upload such content
• Your content does not violate any laws or third-party rights
• You are solely responsible for your content and its use

Services and pricing

Plans and limits

• Free plan: 5 messages per day, 30 messages per month
• Paid plans: As described at https://genfly.dev/pricing
• Message limits reset at the start of each month
• We reserve the right to modify plans and pricing at any time

Support services

• Available only to Scale and Enterprise plan subscribers
• Contact via genflyai@gmail.com
• Limited to platform-related issues
• Does not include application debugging services
• Subject to our capacity and availability

Subscription / Payment terms

• Our service is subscription-based with recurring monthly billing
• Subscriptions automatically renew at the end of each billing period
• No annual billing options currently available

Fulfillment and Service Policies

Service Delivery

• Access to our platform is granted immediately upon successful payment processing
• You will receive login credentials via email
• If you experience any issues with access, contact genflyai@gmail.com

Refund Policy

• All payments are non-refundable unless otherwise determined by us
• In cases where refunds are approved, they will be processed to the original payment method
• Refunds may be considered in cases of:
• Billing errors
• Duplicate charges
• Other circumstances at our sole discretion

Cancellation Policy

How to Cancel

You can cancel your subscription at any time by:

• Navigating to your Profile
• Selecting Plans & Billing
• Clicking Manage Subscription
• Selecting Cancel

Cancellation Terms

• Your subscription remains active until the end of the current billing period
• You will continue to have full access until the end of your paid period
• Your subscription will not automatically renew after cancellation
• Any unused message credits expire at the end of the subscription
• No partial refunds are provided for unused portions of the billing period

Digital Service Notice

• As a digital service providing access to our AI software engineering platform, traditional return policies do not apply
• All sales are final unless otherwise specified in these terms

DMCA compliance

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). For any DMCA-related issues, contact us at genflyai@gmail.com with:

• Identification of the copyrighted work claimed to be infringed
• Identification of the allegedly infringing material
• Your contact information
• A statement of good faith belief in the infringement
• A statement of accuracy under penalty of perjury

Prohibited uses

You explicitly agree not to:

• Reverse engineer the Services
• Use automated tools or bots without permission
• Attempt to access unauthorized areas of the Services
• Use the Services for illegal activities
• Create multiple free accounts to circumvent limits
• Use the Services in a way that could harm other users
• Upload malicious code or content
• Attempt to overwhelm or crash our systems

Genfly may never be used to develop anything subjected to sanctions or other export restrictions, or are in any other way not compliant with the laws of the jurisdiction that Genfly or the user operates in. Genfly may also never be used by in regions, or by anyone subject to sanctions or export restrictions.

Promotions and feedback

Promotions

We may offer promotions, contests, or sweepstakes, which may have additional terms and conditions.

User feedback

• We welcome feedback and suggestions
• We may implement any feedback without compensation
• Providing feedback grants us a perpetual, worldwide license to use it
• No credit or compensation is due for implemented suggestions

Disclaimer of warranties

YOUR USE OF THE SITE, SERVICES AND ALL GENFLY CONTENT IS ENTIRELY AT YOUR OWN RISK. THE PLATFORM, SERVICES, AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY GUARANTEES. TO THE FULLEST EXTENT PERMITTED BY LAW, GENFLY AND OUR SUPPLIERS AND LICENSORS EXPLICITLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO GUARANTEES REGARDING THE ACCURACY, RELIABILITY, OR USEFULNESS OF THE PLATFORM, SERVICES, OR ANY GENFLY CONTENT, AND YOUR USE OF THESE IS ENTIRELY AT YOUR OWN RISK. ANY MATERIALS OR CODE YOU DOWNLOAD OR ACCESS THROUGH OUR PLATFORM OR SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY SYSTEM DAMAGE OR DATA LOSS THAT MAY RESULT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US OR THROUGH OUR PLATFORM OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY PROHIBIT SUCH WARRANTY DISCLAIMERS, SO SOME OR ALL OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of liability

GENFLY, ALONG WITH ITS AFFILIATES, AGENTS, OFFICERS, EMPLOYEES, SUPPLIERS AND LICENSORS, SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF SUCH POSSIBILITY), ARISING FROM YOUR USE OF OR INABILITY TO USE OUR PLATFORM, SERVICES, OR GENFLY CONTENT. UNDER NO CIRCUMSTANCES WILL GENFLY BE HELD RESPONSIBLE FOR ANY DAMAGES OR LOSSES RESULTING FROM UNAUTHORIZED ACCESS, SECURITY BREACHES, OR INTERFERENCE WITH OUR PLATFORM, SERVICES, OR YOUR ACCOUNT.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, GENFLY ACCEPTS NO LIABILITY OR RESPONSIBILITY FOR:

• Content errors, inaccuracies, or omissions in any form
• Personal injury or property damage resulting from your use of our platform or services
• Unauthorized access to our servers or your personal information
• Service interruptions, transmission failures, or platform unavailability
• Malicious software or code that may be transmitted through our platform
• Any errors, losses, or damages arising from the use of our content or services

AI-generated code that:

• Contains bugs, errors, or security vulnerabilities
• Fails to meet your specific requirements or expectations
• Does not achieve your intended business or technical goals
• Becomes obsolete or incompatible with other systems
• Causes issues when integrated with other software
• Results in any form of data loss or corruption

AI system limitations or failures, including:

• Incorrect or incomplete code generation
• Misunderstanding of your requirements or prompts
• Generation of non-optimal or inefficient solutions
• Inconsistencies in code output quality
• Failures to follow best practices or coding standards

Platform-related issues such as:

• Temporary or permanent service unavailability
• Slow response times or performance degradation
• Loss of saved projects or conversation history
• Interface bugs or usability issues
• API failures or inconsistencies
• Authentication or authorization problems

Business impact resulting from:

• Reliance on generated code in production systems
• Time or resources spent modifying generated code
• Project delays or missed deadlines
• Additional development costs or technical debt
• Integration challenges with existing systems
• Customer or user dissatisfaction

Third-party related issues:

• Compatibility problems with external services
• Licensing issues in generated code
• Security vulnerabilities in recommended dependencies
• Changes in external APIs or services
• Conflicts with other development tools

Data-related concerns:

• Loss of prompt history or generated code
• Unintended data exposure in generated code
• Training data biases affecting code generation
• Incorrect handling of sensitive information
• Data privacy or compliance issues

THIS LIST IS NOT EXHAUSTIVE, AND GENFLY'S LIMITATION OF LIABILITY EXTENDS TO ALL POSSIBLE ISSUES, WHETHER LISTED HERE OR NOT, ARISING FROM THE USE OF OUR AI-POWERED PLATFORM AND SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY AND THAT OF OUR SUPPLIERS AND LICENSORS, ARISING FROM OR RELATING TO YOUR USE OF THE PLATFORM, SERVICES, AND GENFLY CONTENT (INCLUDING WARRANTY CLAIMS), REGARDLESS OF THE TYPE OF CLAIM OR LEGAL THEORY, EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE SERVICES IN THE TWELVE MONTHS PRECEDING THE CLAIM. IF YOU RESIDE IN CALIFORNIA, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE. SOME JURISDICTIONS DO NOT PERMIT LIABILITY LIMITATIONS FOR CERTAIN DAMAGES, SO THESE LIMITATIONS MAY NOT FULLY APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless Genfly, including our officers, directors, employees, agents, licensors, affiliates, and representatives, from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable legal fees) arising from:

• Your use of our platform and services
• Breach of these Terms
• Infringement of third-party rights
• Applications, websites, or services you create using our platform
• Any content you submit or share through our services

Legal notices and governing law

Our platform and services operate from our offices in Delaware, United States. We make no claims about the appropriateness or availability of the services for use in other locations. Users accessing our platform from other jurisdictions do so voluntarily and must comply with all applicable local and United States laws, including export and import regulations. Access is prohibited from United States embargoed countries or by denied or restricted parties under U.S. law.

These Terms shall be governed by Delaware law, excluding conflicts of law principles. Any disputes related to these Terms or your use of our platform must be brought exclusively in the courts of Delaware, and you consent to the personal jurisdiction of these courts. Our failure to exercise any right or provision of these Terms doesn't constitute a waiver unless we acknowledge it in writing. If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full effect.

Contact information

For any questions regarding these Terms, contact us at:

Email: genflyai@gmail.com