Terms of Service

1. Introduction

These Terms of Service ("Terms") constitute a legally binding agreement between you and Retter and its affiliated entities ("Retter", "we", "us", "our"). These Terms govern your access to and use of Spikefrost, including its website, applications, APIs, integrations, and related services (collectively, the "Services").

By downloading, accessing, or using the Services, you:

• Confirm that you have read and understood these Terms
• Agree to be bound by these Terms
• Agree to the Spikefrost Privacy Policy
• Commit to comply with all applicable laws and regulations

If you do not agree, you must not access or use the Services.

2. Definitions

• "Spikefrost" means the AI-powered, multi-tenant SaaS platform operated by Retter.
• "User" means any individual or entity that accesses or uses the Services.
• "Authorized User" means any person permitted by you to access the Services under your account.
• "Content" means all data, code, files, configurations, projects, prompts, inputs, outputs, and materials processed through the Services.
• "Input" means prompts, instructions, commands, data, or content provided by you.
• "Output" means code, responses, configurations, or other materials generated by the Services based on Inputs.
• "Third-Party Services" means external services integrated into Spikefrost, including AI model providers, infrastructure services, and payment processors.

3. License to Use the Services

Rights Granted

Subject to compliance with these Terms, Retter grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purposes. Usage rights may vary depending on your subscription plan and selected features.

Restrictions

You may not, and may not permit others to:

• Copy, distribute, sell, lease, sublicense, or commercially exploit the Services themselves
• Reverse engineer, decompile, or attempt to extract source code or system logic
• Remove or obscure proprietary notices or branding
• Interfere with system integrity, performance, or security
• Circumvent usage limits, monitoring, or safeguards
• Use automated scripts or scraping mechanisms except as expressly permitted

All rights not expressly granted are reserved by Retter.

Reservation of Rights

You acknowledge that you acquire no ownership interest in the Services. All intellectual property rights remain with Retter or its licensors.

4. Accounts and Access

Account Creation and Responsibility

Certain features require account registration. You agree to:

• Provide accurate and current information
• Maintain confidentiality of credentials and API keys
• Accept responsibility for all activity under your account

You must notify Retter immediately of any unauthorized use or security breach.

Age and Authority

You must have legal capacity to enter into these Terms. If you allow use by minors or third parties, you remain fully responsible for their activity and compliance.

Account Deletion

You may request account deletion by contacting support@spkdev.com. Upon deletion:

• Your access will be terminated
• Content will be deleted within a reasonable timeframe, unless retention is required by law
• Certain records may be retained for legal, security, or compliance purposes

5. User Content and Data

Ownership

You retain all ownership rights to your Content, Inputs, and Outputs, subject to the licenses granted herein.

License to Operate

You grant Retter a worldwide, non-exclusive, royalty-free license to access, process, store, transmit, and display Content solely to:

• Provide and maintain the Services
• Ensure security and reliability
• Resolve technical or operational issues
• Comply with legal obligations

This license does not grant Retter the right to sell your Content.

Content Responsibility

You are solely responsible for:

• The legality and compliance of your Content
• Reviewing and validating Outputs
• Decisions made using Outputs

Backups

You are responsible for maintaining backups of your Content. Retter does not guarantee recovery of lost or corrupted data.

6. Services, Plans, and Pricing

Plans and Limits

Spikefrost offers multiple plans with varying features and limits, including but not limited to:

• Agent usage and execution limits
• Compute and storage allocations
• Integration capabilities
• Integration capabilities

Plans and pricing may change with notice.

Billing and Payments

Subscriptions may be billed monthly or annually and renew automatically unless cancelled. You authorize Retter to charge your payment method for all fees due. Payments are non-refundable except where required by law or expressly stated.

Cancellation

You may cancel at any time. Cancellation takes effect at the end of the current billing period. Unused allowances or credits expire at period end.

7. Acceptable Use

You agree not to:

• Violate laws or regulations
• Infringe intellectual property or privacy rights
• Distribute malware or harmful code
• Perform unauthorized security testing
• Abuse compute, storage, or API resources
• Attempt unauthorized access to systems or data

Retter may enforce quotas, throttle usage, or suspend access to protect the platform.

Export Controls and Sanctions

You represent that you are not subject to sanctions or export restrictions and will not use the Services in violation of applicable export control laws.

8. AI-Powered Features and Training

AI Processing

Spikefrost integrates AI-powered agents and third-party model providers. Inputs and Outputs may be processed by such providers solely to deliver functionality. Unless explicitly agreed in writing, customer data is not used to train proprietary or third-party models.

AI Limitations and Bias

You acknowledge that AI systems may:

• Produce inaccurate or incomplete Outputs
• Reflect biases present in training data
• Generate non-optimal or outdated solutions

You are responsible for reviewing and testing Outputs before use.

Enterprise Data Controls

Enterprise customers may have access to additional controls, including:

• Opt-out of training
• Custom data handling terms
• Data residency options where available

9. Third-Party Service Integrations

Connecting External Services

Spikefrost allows you to connect third-party services such as Google Workspace (Gmail, Google Calendar, Google Drive) and Microsoft 365 (Outlook, OneDrive) to enable AI agents to access and process your data from these services.

Your Responsibility

By connecting a third-party service, you:

• Authorize Spikefrost to access data from that service on your behalf
• Represent that you have the right to grant such access
• Agree to comply with the third-party service's terms of use
• Accept responsibility for any actions taken by AI agents using your connected accounts

Disconnection

You may disconnect third-party services at any time through your account settings or directly through the third-party provider. See our Privacy Policy for details on data handling and deletion.

10. Intellectual Property

Retter IP

Retter retains all rights to platform architecture, branding, systems, interfaces, and proprietary technology.

User Creations

Retter makes no claim to ownership of:

• Code generated through the Services
• Applications or products you build
• Derivative works you create

You may use Outputs commercially, subject to third-party licenses.

11. Security and Privacy

Retter implements reasonable safeguards to protect data. However, no system is fully secure, and you acknowledge this risk. Personal data is processed in accordance with the Spikefrost Privacy Policy.

12. Term and Termination

These Terms remain in effect until terminated. Retter may suspend or terminate access if:

• These Terms are violated
• Required by law
• Use poses security or operational risk

Termination does not waive outstanding payment obligations.

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". RETTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RETTER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES. RETTER'S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

15. Indemnification

You agree to indemnify and hold harmless Retter from claims arising from:

• Your use of the Services
• Your Content
• Violations of these Terms
• Applications or services you build

16. Governing Law and Jurisdiction

These Terms are governed by the laws applicable to Retter, without regard to conflict-of-law principles.

17. Modifications

Retter may update these Terms at any time. Continued use constitutes acceptance.

18. Contact

support@spkdev.com / www.spkdev.com

19. Feedback

Any feedback you provide may be used by Retter without compensation. You grant a perpetual, worldwide license to use such feedback.