Terms of Service

1. Who we are and what these Terms cover

These Terms of Service ("Terms") are an agreement between you and Webium LLC ("Webium," "we," "us" or "our") governing your access to and use of webium.ai, associated dashboards, APIs, AI-assisted application-building features, project hosting, databases, files, generated source code and related services (collectively, the "Service").

Our Privacy Policy, Acceptable Use Policy, AI Use & Transparency Policy, Fair Use Policy, and, when applicable, Data Processing Addendum are incorporated into these Terms.

2. Eligibility and accounts

• You must be at least 18 years old and legally capable of entering into a binding agreement.
• You must provide accurate account information and keep it current.
• You are responsible for maintaining the confidentiality of your credentials and for activity under your account, except to the extent caused by Webium's breach of law or these Terms.
• You may not share credentials in a way that defeats account security or access restrictions.
• Tell us promptly at support@webium.ai if you reasonably believe your account has been compromised.

3. The Webium Service

Webium helps users describe, generate, modify and host web applications. The Service may create website files, application logic, database structures, configuration, documentation and other output using automated tools and artificial intelligence. Webium may also host or deliver customer applications using third-party cloud infrastructure.

Features may change as the Service evolves. Unless we expressly agree in writing to a service-level agreement, we do not guarantee uninterrupted availability, a particular response time, or that every feature will remain available indefinitely.

4. AI-assisted development

Webium uses artificial intelligence to assist with planning, source-code generation, editing and related tasks. AI output can be incomplete, incorrect, insecure, non-unique or unsuitable for your intended purpose. You are responsible for reviewing and testing the behavior of an application before relying on it in production and for using appropriate human review for consequential decisions.

Additional rules are in the AI Use & Transparency Policy.

5. Your content, instructions and project data

"Customer Content" means prompts, instructions, files, data, text, images, code, database records, credentials or other material you submit to or through the Service. You retain your rights in Customer Content. You grant Webium a worldwide, non-exclusive, limited license to host, copy, transmit, transform and otherwise process Customer Content only as reasonably necessary to provide, secure, support and improve the Service, comply with law, and enforce these Terms.

You represent that you have the rights and permissions needed for Webium and its subprocessors to process Customer Content as instructed by you. You are responsible for the legality, accuracy and notices associated with Customer Content and with data collected by applications you create.

6. Generated source code and output

As between you and Webium, and to the extent permitted by applicable law, Webium assigns to you any rights Webium may have in source code and other project-specific output generated for you by the Service after payment of amounts due for the applicable project. Your ownership is subject to rights in your Customer Content, third-party materials, open-source software, model-provider terms and other pre-existing materials.

AI output may not be unique. Other users may receive similar or identical output. Webium does not promise that generated output is protectable by copyright, patent or other intellectual-property law, or that it is free from all third-party claims.

7. Third-party services and open-source components

Applications created with Webium may connect to third-party services or include open-source software. Those services and components are governed by their own terms, licenses and privacy practices. You are responsible for obtaining any licenses, accounts, API keys or permissions required for optional third-party services you choose to use.

8. Customer applications and end users

You, not Webium, determine the purpose of your customer-facing application and the data it requests from its end users. You are responsible for:

• the content, products, services and claims presented through your application;
• providing your own privacy notice, terms, cookie controls and other legally required notices to your application's users;
• obtaining legally valid consent or another lawful basis where required;
• honoring end-user privacy and consumer rights;
• ensuring that automated decisions, marketing messages and data collection comply with applicable law; and
• maintaining appropriate backups or exports of information important to your business.

Where Webium processes personal data contained in your application on your behalf, the DPA applies.

9. Restricted and regulated data

Unless Webium expressly agrees in writing to a specialized arrangement, the Service is not designed to satisfy sector-specific requirements for protected health information under HIPAA, payment-card data requiring PCI DSS storage controls, biometric templates, government-classified information, highly regulated financial records, or children's personal data. You must not use Webium as the system of record for such data without Webium's prior written approval and any required agreement.

In particular, do not store card verification values, complete magnetic-stripe data, plaintext passwords, private cryptographic keys belonging to third parties, or credentials obtained without authorization.

10. Acceptable use

You must comply with our Acceptable Use Policy. We may investigate suspected violations, restrict access, remove or disable material, rate-limit a project, or suspend an account when reasonably necessary to protect users, third parties, Webium or its infrastructure, or to comply with law.

11. Subscriptions, billing and taxes

Webium projects are offered on a recurring monthly basis at the price shown when you subscribe. As of the Effective Date, the standard public price is US$15 per active project per month, with AI development and core cloud hosting included subject to fair use. Your checkout or order page controls if it shows a different applicable price or plan.

Unless cancelled, a paid project renews automatically for successive monthly periods. You authorize Webium and its payment provider to charge the payment method you provide for recurring fees, applicable taxes and authorized usage charges. You are responsible for taxes imposed on your purchase except taxes based on Webium's net income.

See Billing, Cancellation & Refunds and Fair Use.

12. Cancellation and termination

You may cancel an active project through the Service when cancellation controls are available or by contacting support@webium.ai. Unless required otherwise by law or stated at checkout, cancellation stops future renewals and access remains available through the paid period.

You may delete a project, but deletion may be irreversible. You are responsible for exporting material you wish to keep before deletion.

Webium may suspend or terminate access for material breach, nonpayment, fraud, security risk, unlawful use, repeated infringement, or conduct that materially threatens the Service or others. When practical and lawful, we will try to provide notice and a reasonable opportunity to cure less serious violations.

13. Fees and refunds

Except where required by law or expressly stated in our Billing, Cancellation & Refunds Policy, fees already charged are non-refundable. This does not limit any non-waivable consumer rights.

14. Confidentiality

If one party receives non-public information from the other that a reasonable person would understand to be confidential, the receiving party will use reasonable care to protect it and use it only for purposes of the relationship, except when disclosure is authorized or required by law. Customer Content marked or reasonably understood as confidential is covered by this section.

15. Feedback

If you voluntarily provide suggestions about Webium, you grant Webium a perpetual, irrevocable, royalty-free right to use those suggestions without restriction or obligation to you. This does not give Webium ownership of your Customer Content or project-specific generated source code.

16. Security

Webium uses reasonable technical and organizational measures appropriate to the nature of the Service. No online service can guarantee absolute security. You must use the Service in a security-conscious manner, protect credentials and promptly install or approve important security fixes where action by you is required.

17. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL AI-GENERATED OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE." WEBIUM DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT.

Webium does not warrant that generated applications will be error-free, secure against every attack, compliant with every law applicable to your particular business, or suitable for safety-critical or consequential uses.

18. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WEBIUM WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WEBIUM'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) US$100 OR (B) THE AMOUNTS YOU PAID TO WEBIUM FOR THE AFFECTED SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

These limitations do not apply where prohibited by law and do not exclude liability that cannot legally be limited or excluded.

19. Indemnification

To the extent permitted by law, you will defend, indemnify and hold harmless Webium and its officers, employees and contractors from third-party claims, damages, penalties and reasonable costs arising from your Customer Content, your customer-facing application, your violation of law, your infringement of another person's rights, or your material breach of these Terms. This obligation does not apply to the extent a claim was caused by Webium's own unlawful conduct.

20. Copyright complaints and abuse reports

Copyright notices may be submitted using our Copyright / DMCA procedure. Other policy violations may be reported through our Abuse Reporting page. We may adopt and enforce a policy for terminating repeat infringers where appropriate.

21. Export controls and sanctions

You may not use, export or re-export the Service in violation of applicable U.S. export-control or sanctions laws. You represent that you are not prohibited from receiving the Service under applicable sanctions or export restrictions.

22. Changes to the Service or these Terms

We may update these Terms to reflect changes in law, security, technology or the Service. If a change materially reduces your rights or materially increases your obligations, we will provide reasonable notice through the Service, email or another appropriate channel before the change takes effect where required by law. The current Effective Date will appear at the top of this page.

23. Governing law and disputes

Except to the extent mandatory law provides otherwise, these Terms are governed by the laws of the State of Washington, without regard to conflict-of-law rules. Any dispute that is not required by mandatory law to be heard elsewhere will be brought in the state or federal courts located in King County, Washington, and each party consents to their jurisdiction.

Before filing a claim, the parties will try in good faith for 30 days to resolve the dispute informally after written notice. Nothing in this section prevents either party from seeking urgent injunctive relief or using small-claims court where eligible.

If you are a consumer, nothing in these Terms deprives you of mandatory rights or protections under the law of your place of residence.

24. General terms

These Terms and the policies incorporated into them are the agreement between the parties regarding the Service unless a signed order or enterprise agreement states otherwise. If a provision is unenforceable, the remaining provisions remain in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without our consent except in connection with a bona fide merger, reorganization or sale of substantially all relevant assets; Webium may assign them as part of a corporate reorganization, financing, merger or sale.

25. Contact