LESSThese Terms of Service ("Terms") constitute a legally binding agreement between Planless Inc., a Delaware corporation ("Company," "we," "us," or "our"), and the person or entity accessing or using the products and services made available under the brand "Brainsless" (collectively, the "Service"). "You" or "Customer" refers to the individual accepting these Terms or, if accepted on behalf of an organization, that organization.
1.1 Acceptance. By creating an account, accessing the Service, clicking to accept, or executing an order form that references these Terms, you accept and agree to be bound by these Terms. If you accept on behalf of an organization, you represent and warrant that you have authority to bind that organization, in which case "you" refers to that organization.
1.2 Order of precedence. If a signed order form, enterprise agreement, or data processing addendum between you and Company expressly conflicts with these Terms, the executed document controls solely as to the subject matter of that conflict; these Terms control in all other respects.
1.3 Modifications. Company may amend these Terms from time to time. Material changes will be provided by posting the revised Terms at this URL and, where required by law, by additional notice. Continued use of the Service after the effective date of a revision constitutes acceptance. If you do not agree to a revision, your sole remedy is to stop using the Service and, where applicable, terminate your account under Section 13.
2. Definitions
2.1 "Customer Content" means any code, prompts, tool definitions, schemas, tests, configuration, logs, traces, transcripts, datasets, environment values, feedback, and other material that Customer or its authorized users submit to, or authorize Company to access on behalf of Customer through, the Service.
2.2 "World" means an isolated, ephemeral execution environment that Company provisions from Customer Content in order to run, simulate, and evaluate Customer's application.
2.3 "Order Form" means any ordering document, statement of work, or online purchase referencing these Terms.
2.4 "Authorized User" means an individual Customer permits to access the Service under Customer's account.
3. The Service
3.1 Description. The Service reads source repositories that Customer authorizes, extracts prompts and executable AI behavior from that source, provisions Worlds to execute Customer's application, simulates users and dependencies against a World, executes generated and Customer-supplied test cases, may ingest scoped production telemetry Customer elects to connect, generates findings, and may propose source code changes for Customer's review through a feature Company refers to as "Sandy."
3.2 Preview features. Features designated preview, beta, or experimental are provided without any service-level commitment, may be modified or discontinued at any time, and are used at Customer's sole risk unless an Order Form states otherwise.
3.3 No professional advice. The Service is a software tool. Nothing generated by the Service constitutes legal, medical, financial, safety, or other professional advice.
4. Eligibility and accounts
4.1 You must be at least eighteen years of age and have the legal capacity to enter into a binding contract to use the Service. The Service is intended for use by organizations and professionals and is not directed to children.
4.2 You are responsible for maintaining the confidentiality of your account credentials, for all activity occurring under your account, and for ensuring every Authorized User complies with these Terms. You must notify Company promptly of any suspected unauthorized access.
5. Customer Content: license, representations, and Company's rights
5.1 License grant. Customer retains all right, title, and interest in and to Customer Content. Customer grants Company a limited, non-exclusive, worldwide, royalty-free license to host, reproduce, transmit, display, execute, and create technical derivatives of Customer Content solely as necessary to (a) provide, operate, and secure the Service for Customer, (b) support and troubleshoot Customer's use of the Service, and (c) generate aggregated or de-identified information as described in the Privacy Policy. This license terminates upon deletion of the applicable Customer Content, subject to Section 6.4 and Company's standard backup and legal-retention cycles.
5.2 Representations. Customer represents and warrants that it has, and will maintain, all rights, consents, and lawful basis necessary to submit Customer Content to the Service, including any production data, personal data, or third-party material contained in it, and that such submission does not violate any law, third-party right, or agreement binding on Customer.
5.3 Sensitive credentials. Customer must not submit live payment credentials, production infrastructure root credentials, or other unnecessary high-privilege secrets where a scoped, revocable, or non-production credential would perform the same function. Company may refuse to store or process any credential it determines falls outside the scope reasonably required by the Service.
6. Worlds and proposed changes
6.1 A World is an isolated execution environment and is not, and must not be treated as, Customer's production environment.
6.2 Company retains the working copy underlying a World only for so long as reasonably necessary to operate that World. Company does not currently create or restore persistent backup snapshots of a World's working copy.
6.3 Any code change, diff, test result, or pull request generated by Sandy or any other feature of the Service is a proposal only. Customer is solely responsible for reviewing, testing, and approving any change before it is merged, deployed, or otherwise put into effect. Company will not merge a change to a protected branch or deploy any change to a production system unless Customer has separately and explicitly authorized that specific action in writing.
6.4 Company may retain Customer Content extracted from a World (including prompts, rules, tool definitions, generated test cases, and evaluation results) after the World itself is terminated, for the purposes described in Section 5.1 and the Privacy Policy, until Customer requests deletion or the account is terminated.
7. AI-generated output and evaluation limits
7.1 Any simulation, evaluation, judgment, or score produced by the Service is probabilistic and is evidence obtained under the specific World, data, and protocol used to generate it. It is not a guarantee, warranty, or certification that Customer's production system will behave identically, nor a representation regarding revenue, safety, legal compliance, or factual accuracy of Customer's system.
7.2 Customer is solely responsible for independent domain review, human oversight, production monitoring, and any decision to rely on, deploy, or roll back a change based on output of the Service.
7.3 Customer must not use the Service, and Company disclaims any suitability of the Service for use, as the sole or primary basis for a decision materially affecting an individual's health, safety, legal rights, credit, employment, housing, or access to essential services, or in connection with the design, operation, or targeting of a weapon or weapons system.
8. Acceptable use
Customer will not, and will not permit any Authorized User or third party to, use the Service to: (a) violate any applicable law or the rights of any third party; (b) access or attempt to access systems, accounts, or data without authorization; (c) introduce malware or other harmful code; (d) circumvent rate limiting, authentication, or other security controls of the Service; (e) probe, scan, or attempt to access another customer's account, data, or infrastructure; (f) submit unnecessary live payment credentials or production infrastructure credentials in violation of Section 5.3; (g) generate content that is unlawful, defamatory, or that facilitates fraud; (h) design, develop, or select targets for an autonomous weapon or for physical harm to a person; or (i) resell, sublicense, or make the Service available to any third party outside Customer's own organization without Company's prior written consent. Security testing against Company's infrastructure is prohibited except with Company's prior written authorization.
9. Third-party services
The Service interoperates with and relies upon third-party providers, including source-code hosting providers, cloud infrastructure providers, and model-inference providers. Use of any bring-your-own-key or bring-your-own-provider integration is governed by Customer's separate agreement with that provider, and any resulting fees are Customer's sole responsibility. Company is not responsible for the acts, omissions, availability, or policies of any third-party provider, or for any change in a third-party model's behavior.
10. Fees and payment
10.1 Fees, included usage, overage rates, and payment terms are as stated on Company's published pricing page or an applicable Order Form. All fees are exclusive of taxes, which Customer is responsible for except taxes on Company's net income.
10.2 Unless an Order Form provides otherwise, subscriptions automatically renew for successive terms equal to the prior term unless either party cancels before the renewal date.
10.3 Company may suspend Customer's access to paid features for any amount past due after providing at least five days' written notice. Except where required by applicable law or an Order Form, fees paid are non-refundable and fees payable are non-cancelable.
11. Confidentiality
Each party will use at least reasonable care to protect the other party's non-public information disclosed under these Terms ("Confidential Information") and will use such information solely to perform its obligations and exercise its rights under these Terms. Confidential Information does not include information that is or becomes public through no breach of these Terms, was rightfully known to the receiving party without restriction before disclosure, is independently developed without use of the disclosing party's Confidential Information, or is rightfully obtained from a third party without restriction. A party may disclose Confidential Information to the extent required by law or legal process, provided it gives the disclosing party prompt notice where legally permitted.
12. Intellectual property
12.1 As between the parties, Company owns all right, title, and interest in the Service, including its underlying software, models, methodologies, interfaces, and documentation, and all improvements thereto, excluding Customer Content.
12.2 As between the parties, Customer owns Customer Content and the Customer-specific test cases, standards, and proposed patches generated from it, subject to Company's underlying intellectual property in the Service used to generate them.
12.3 If Customer provides feedback, suggestions, or ideas regarding the Service, Customer grants Company an unrestricted, perpetual, irrevocable, royalty-free license to use and incorporate that feedback for any purpose without obligation or attribution, provided this license does not extend to Customer Content.
13. Term, suspension, and termination
13.1 These Terms remain in effect while Customer maintains an account. Customer may stop using the Service and close its account at any time.
13.2 Company may suspend access to the Service immediately, without prior notice where necessary, to prevent harm to the Service or any third party, to comply with law, for non-payment, or to investigate a suspected material breach. Company will restore access promptly once the issue giving rise to suspension is resolved.
13.3 Either party may terminate these Terms for the other party's uncured material breach following thirty days' written notice describing the breach, or immediately if cure is not possible. Company may terminate for convenience on thirty days' notice for a Customer on a free or trial tier.
13.4 Upon termination, all licenses granted under these Terms terminate, Customer's right to access the Service ends, and Company will handle Customer Content in accordance with the Privacy Policy. Sections 5.2, 7, 10, 11, 12, 14, 15, 16, and 17 survive termination.
14. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT EVERY DEFECT WILL BE DISCOVERED, THAT ANY PROPOSED PATCH IS SAFE OR CORRECT, OR THAT A RESULT OBSERVED IN A WORLD WILL BE REPRODUCED IN PRODUCTION.
15. Indemnification
15.1 By Customer. Customer will defend, indemnify, and hold harmless Company and its officers, directors, employees, and agents from and against any third-party claim, and all associated liabilities, damages, and costs (including reasonable attorneys' fees), arising out of or relating to: (a) Customer Content, including any claim that it infringes, misappropriates, or violates a third party's rights or that Customer lacked the rights or lawful basis represented in Section 5.2; (b) Customer's or any Authorized User's use of the Service in violation of Section 8; or (c) a decision made or action taken by Customer in reliance on output of the Service.
15.2 By Company. Company will defend, indemnify, and hold harmless Customer from and against any third-party claim, and associated liabilities, damages, and costs, alleging that the Service, as provided by Company and used in accordance with these Terms, infringes that third party's United States patent, copyright, or trademark, excluding any claim arising from Customer Content, a combination of the Service with items not provided by Company, or use of the Service in violation of these Terms.
16. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, HOWEVER ARISING, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO COMPANY FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS DO NOT APPLY TO: A PARTY'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 15; A PARTY'S BREACH OF SECTION 11 (CONFIDENTIALITY); CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION 10; OR EITHER PARTY'S FRAUD, WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE, OR WHERE PROHIBITED BY APPLICABLE LAW.
17. General provisions
17.1 Governing law and venue. These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware for any dispute arising out of or relating to these Terms, and each party waives any objection to such jurisdiction or venue, including on the basis of forum non conveniens.
17.2 Assignment. Neither party may assign these Terms without the other party's prior written consent, except that either party may assign these Terms without consent in connection with a merger, acquisition, or sale of substantially all of its assets. Any attempted assignment in violation of this Section is void.
17.3 Force majeure. Neither party is liable for delay or failure to perform resulting from causes beyond its reasonable control.
17.4 Severability; waiver. If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full effect. No waiver of any provision is effective unless in writing and signed by the waiving party.
17.5 Notices. Company may provide notice to Customer electronically, including by email to the address on Customer's account or by posting within the Service. Notice to Company must be sent to the address in Section 18.
17.6 Entire agreement. These Terms, together with the Privacy Policy and any applicable Order Form, constitute the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous agreements regarding the same subject matter.
17.7 Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
18. Contact
Planless Inc. — [email protected].