Terms of Service

These Terms of Service ("Terms") govern your use of codewisp.ai, codewisp.net, and related services (the "Services") provided by CodeWisp, Inc. ("CodeWisp", "we", "us", or "our"), a Delaware corporation with its principal place of business at 1395 22nd St. Ave, San Francisco, CA 94107. By creating an account or using the Services you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

IMPORTANT: Section 15 ("Arbitration and Class-Action Waiver") requires you to resolve most disputes with CodeWisp through individual binding arbitration and waives your right to a jury trial and to participate in a class action, subject to the opt-out in that section. Please read it carefully.

1. Who may use the Services — Users and Publishers

Summary. If you play games on CodeWisp, you're a User. If you publish games or other content on CodeWisp, you're a Publisher. Users must be 13 or older. Publishers must be at least 18 or have legal parental or guardian consent and the legal right to enter into this Agreement.

Users. If you register an account to play, download, or interact with games or other content on the Services, you agree to be bound by these Terms as a platform user (a "User"). Users affirm that they are at least 13 years of age, as the Services are not intended for children under 13. Users in jurisdictions with a higher digital-consent age (up to 16 in parts of the EEA / UK) confirm they have obtained parental or guardian consent.

Publishers. If you register an account to publish, distribute, sell, or share games or other content on the Services, you agree to be bound by these Terms as a platform publisher (a "Publisher"). Publishers affirm that they are either at least 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. The same human can be both a User and a Publisher; the Publisher rules apply to your published content and the User rules apply to content you consume.

We collect date of birth at signup and will terminate accounts that misrepresent age.

You are responsible for keeping your password confidential and for all activity on your account. Notify us at legal@codewisp.ai if you suspect unauthorized access.

2. License to use the Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services. Some features require a paid subscription.

You may use the Services for personal, educational, and commercial purposes, including monetizing games you create, subject to these Terms. You may not: (a) reverse engineer, decompile, or derive the source code of the Services; (b) rent, resell, or sublicense access; (c) use the Services to build a competing product; (d) remove proprietary notices; or (e) interfere with the operation, security, or integrity of the Services.

3. Your content

"Your Content" means anything you upload, create, or generate through the Services, including code, text, images, audio, AI-prompted output you create, projects, thumbnails, comments, and forum posts.

You own Your Content. We do not claim ownership. To operate the Services, you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for formatting / resizing), display, and distribute Your Content through the Services and to the audiences you choose (e.g., making a project public). You also grant us the right to analyze Your Content and use it to train, evaluate, and improve our AI features and models. This license lasts only as long as Your Content remains on the Services; when you delete Your Content, the license ends, subject to reasonable technical delay for backups, to copies other users have already created (e.g., forks), and to AI models that were trained using Your Content before deletion (which we are not required to retrain or roll back). For California residents under 18, we additionally honor removal requests as required by California Business and Professions Code §§ 22580–22582.

Promotion and showcase. In addition to the license above, you grant us a worldwide, non-exclusive, royalty-free license to feature, display, and promote your public projects — including the project title, thumbnail, screenshots, short gameplay recordings, and your public username — on the CodeWisp homepage, blog, social-media accounts, email newsletters, and similar promotional materials. This right applies only while the project is public: if you make the project private or delete it, we will stop using it in new promotional placements within a reasonable period, though copies already embedded in past posts, archived emails, or recordings may remain where technical removal is not feasible. You can ask us to stop featuring a specific project at any time by emailing legal@codewisp.ai; we'll honor the request prospectively.

You represent that you own or have the rights to Your Content and that Your Content does not infringe any third party's rights or violate any law.

4. AI features

The Services include AI-powered features that accept your prompts and generate code, text, images, or other output.

• Processing by model providers. To generate responses, we send your prompts and relevant project context to third-party AI providers (currently OpenAI, Anthropic, and Google). Their handling of that data is governed by their own terms; we have contracts in place restricting use of submitted data for model training where providers offer that option.
• Your output. Subject to these Terms, you own the output produced from your prompts. You are responsible for reviewing output for accuracy, legality, and suitability before using it.
• No warranty on output. AI output may be inaccurate, incomplete, offensive, or infringe third-party rights. We make no guarantee that output is correct, safe, fit for purpose, or non-infringing.
• Prohibited uses. You will not use our AI features to generate (i) child sexual abuse material; (ii) content that exploits, endangers, or sexualizes minors; (iii) content intended to deceive for fraud or defamation; (iv) malware, phishing, or other harmful code; (v) content that incites violence or promotes terrorism; or (vi) output that infringes intellectual property rights.
• Similar output. AI can produce similar outputs for similar prompts, including prompts from other users. You acknowledge you may not have exclusive rights to output that is not sufficiently original or specific to you.

5. Acceptable use

You agree not to:

1. Violate applicable laws or the rights of others.
2. Upload or transmit content that is illegal, defamatory, harassing, hateful, or sexually exploitative.
3. Attempt to access accounts, data, or systems that you are not authorized to access, or probe, scan, or test the vulnerability of the Services without authorization.
4. Introduce malware, automate account creation, scrape the Services beyond a reasonable rate, or interfere with other users.
5. Impersonate another person or misrepresent your affiliation.
6. Share account credentials or allow others to use your account.

We may, in our sole discretion, remove content, suspend accounts, and report unlawful activity to authorities.

6. Third-party services

The Services integrate third-party providers, including Supabase (infrastructure), Stripe (payments), OpenAI, Anthropic, and Google (AI), Resend (email), and PostHog (analytics). Your use of those providers is subject to their own terms. See our Privacy Policy for a full subprocessor list.

7. Subscriptions and billing

Some features require a paid subscription. Fees are listed on the Services and charged in advance. Subscriptions auto-renew on the interval you chose (monthly or annually) unless canceled before the renewal date. You can cancel at any time from your billing portal; cancellation takes effect at the end of the current billing period.

Fees are non-refundable except (a) as required by law, (b) where a subscription has been active for 5 days or fewer and no material usage has occurred, or (c) at our sole discretion. We may change prices with at least 30 days' prior notice; changes apply to the next renewal.

Taxes are your responsibility unless otherwise stated. Stripe is our payment processor; their privacy policy describes their data practices.

8. Termination

You may stop using the Services and delete your account at any time. We may suspend or terminate your account if you breach these Terms, if we are required to by law, or to protect the Services or other users. On termination, your license to use the Services ends and we may delete Your Content after a reasonable period. Sections 3 (last sentence), 4, 9, 10, 11, 12, 13, 14, 15, 16, and 17 survive termination.

9. DMCA / copyright

We respect intellectual property rights. If you believe content on the Services infringes your copyright, send a notice to our designated agent at legal@codewisp.ai that includes: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material and where it is located; (c) your contact information; (d) a statement that you have a good-faith belief the use is not authorized; (e) a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act on behalf of the owner; and (f) your physical or electronic signature.

If your content is removed in response to a DMCA notice and you believe the removal is mistaken, you may send a counter-notice with the elements required by 17 U.S.C. § 512(g). Repeat infringers will have their accounts terminated.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT AI OUTPUT WILL BE ACCURATE OR SUITABLE FOR YOUR PURPOSES.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CODEWISP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) USD $100. Some jurisdictions do not allow the exclusion of certain damages; in those places, the exclusions apply to the maximum extent permitted.

12. Indemnification

You agree to indemnify and hold CodeWisp harmless from claims, damages, and expenses (including reasonable attorneys' fees) arising from (a) Your Content, (b) your use of the Services in breach of these Terms, or (c) your violation of applicable law or the rights of any third party.

13. Export, sanctions, and minors' employment

You will comply with all applicable export-control and sanctions laws, including U.S. regulations. You represent that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government list of prohibited or restricted parties.

14. Governing law and venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles. Subject to Section 15, any dispute that is not subject to arbitration must be brought exclusively in the state or federal courts located in San Francisco County, California, and you consent to the personal jurisdiction of those courts.

15. Arbitration and class-action waiver

You and CodeWisp agree that any dispute, claim, or controversy arising out of or related to these Terms or the Services (except disputes about intellectual property rights or the enforceability of this Section) will be resolved through binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, seated in San Francisco, California. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

Class-action waiver. You and CodeWisp agree that claims may be brought only in an individual capacity, not as a plaintiff or class member in any class or representative proceeding. If this class-action waiver is held unenforceable for a particular claim, that claim must be severed and proceed in court; the remaining claims will still be arbitrated.

30-day opt-out. You may opt out of this arbitration agreement by sending written notice to legal@codewisp.ai within 30 days of first accepting these Terms, including your name, username, and email. Opting out of arbitration will not affect any other part of these Terms.

Small claims. Either party may instead bring an individual action in small-claims court for disputes within that court's jurisdiction.

16. Changes to these Terms

We may change these Terms from time to time. For material changes we will update the "Last updated" date and require signed-in users to re-accept on next visit. Continued use after re-acceptance constitutes agreement to the updated Terms.

17. Miscellaneous

These Terms, together with our Privacy Policy, are the entire agreement between you and CodeWisp regarding the Services. Failure to enforce a provision is not a waiver. If a provision is held unenforceable, the remaining provisions continue in effect. You may not assign these Terms without our written consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. Nothing in these Terms creates a partnership, agency, or employment relationship.

18. Contact

CodeWisp, Inc.
1395 22nd St. Ave, San Francisco, CA 94107, USA
Email: legal@codewisp.ai