Caffeine AI Terms of Use

1. Acceptance of Terms of Use

By accessing or using the Caffeine AI website at https://caffeine.ai/ (the “Site”) or any related pages or resources, you (the “User”) agree to be bound by these Terms of Use (the “Terms”), including the class action waiver and arbitration clause found in Section 12 below,, and by the Caffeine License Agreement (the “License Agreement”), which governs use of the Caffeine AI tool. If you do not agree, you must not use the Site or Caffeine.

“We”, “Us”, or “Caffeine Labs” means Caffeine Labs AG, a Swiss corporation, and its subsidiaries and affiliates. Caffeine Labs has its registered office noted below.

Your use of the Site and Caffeine AI is also subject to our Privacy Policy.

2. About Caffeine AI

Caffeine AI (“Caffeine”) is developed and operated by Caffeine Labs.

Caffeine is a platform for creating, updating, and managing self-writing applications that may be deployed to the Internet Computer or a private network variant known as UTOPIA. It is provided as a web application optimized for desktop and mobile and generally functions through a chat-style interface that enables users to build online functionality via natural language interaction with AI.

Caffeine’s purpose is to enable individuals and organizations to build, maintain, and evolve online applications. Applications may integrate with third party external services (e.g. payment platforms and recruiting management platforms) and, through the Internet Computer, interoperate with major public blockchains. The platform includes an App Store where users can publish applications for others to clone for free or for a fee. Caffeine Labs may update, enhance, or modify Caffeine at any time.

Information provided on the Site is for general informational purposes only. It does not constitute legal, financial, or technical advice, and should not be relied upon as such.

3. Use of the Site

You agree to use the Site only in compliance with these Terms, applicable law, and our policies. You must not use the Site in a way that could damage, disable, or impair it or interfere with its operation; attempt to gain unauthorized access to Caffeine or its systems; use the Site to transmit unlawful, harmful, or infringing material.

Specifically, you are prohibited from using the Site or its content: (a) to solicit others to perform or participate in any unlawful acts; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Sites or the Internet Computer; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Site. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.

Use of the Caffeine AI tool itself is governed by the License Agreement, including restrictions on prompt content and data submission.

4. Payments and Refunds

The Site may contain links to third party payment platforms such as Stripe where you can purchase subscription plans for credits as described on the Site. When using such third party payment platforms such as Stripe, those platforms process your payments and you agree to their applicable terms and conditions, in addition to the terms contained herein. All paid subscriptions are non-refundable and may not be redeemed for cash or other items of value. Subscription plans described on the Site may be updated from time to time.

5. Third-Party Links and Resources

The Site may contain links to external websites or resources operated by third parties. Caffeine Labs is not responsible for the availability, accuracy, or content of those sites and does not endorse or assume any liability for them. Access to third-party resources is at your own risk.

6. Intellectual Property

All design, text, graphics, logos, software, and other materials provided to you by Caffeine on the Site are owned by Caffeine Labs or its licensors and are protected by intellectualproperty laws. Except as expressly permitted in these Terms or the License Agreement, no rights or licenses are granted.

Reproduction, distribution, or public display of the Site or Caffeine without Caffeine Labs’ prior written consent is prohibited.

7. Warranty Disclaimer

To the maximum extent permitted by law, the Site and all related content are provided “as is” and “as available” without any warranty of any kind, whether express or implied. Caffeine Labs does not warrant that the Site will be error-free, secure, or uninterrupted, or that any information provided is accurate or complete.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Caffeine Labs and its affiliates shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from or relating to your use or inability to use the Site or its content, even if Caffeine Labs has been advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability for Caffeine Labs’s gross negligence, willful misconduct, or liability that cannot be excluded under Swiss law.

Caffeine Labs’s aggregate liability for all claims arising out of or related to these Terms or the use of the Site shall, to the maximum extent permitted by law, be limited to the total amount paid by the User to Caffeine Labs for access to Caffeine in the twelve (12) months preceding the event giving rise to the claim.

You agree to indemnify and hold Caffeine Labs harmless from and against any claims, losses, or expenses (including reasonable legal fees) arising from your misuse of the Site or violation of these Terms, to the extent permitted by law.

If you use the Caffeine AI tool, the limitations and exclusions set out in the License Agreement also apply.

9. Availability and Modification of the Service

Caffeine Labs does not guarantee continuous availability of the Site or Caffeine. Access may be interrupted for maintenance, updates, or other reasons. Caffeine Labs reserves the right to modify or discontinue the Site or the Caffeine AI tool (or any part of it) at any time without notice.

10. Changes to the Terms

Caffeine Labs may update these Terms from time to time, for example to reflect changes in services or applicable law. Updated Terms will be posted on the Site with a new effective date. Continued use after changes are posted constitutes acceptance of the revised Terms.

11. Governing Law and Jurisdiction

These Terms and any dispute arising from or relating to them are governed by the laws of Switzerland, excluding its conflict-of-laws rules. The courts of Zug, Switzerland shall have exclusive jurisdiction, subject to appeal to the Swiss Federal Court.

12. Class Action Waiver and Arbitration

To the fullest extent permitted by applicable law, if you are a US resident, you agree that any dispute, claim, cause of action, or controversy arising out of or relating to the websites or these Terms of Use: (a) shall be settled by individual arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof; and (b) shall be resolved individually, without resort to any form of class action.

13. Contact

Caffeine Labs AG
Genferstrasse 11
8002 Zurich
Switzerland
Email: [email protected]