Terms of Service
These terms govern your use of Spiderbrain, a product of Perform Digital Private Limited. They include the software licence (EULA) for the app. By installing or using Spiderbrain, you agree to them. If you do not agree, please do not use it. Questions: contact@perform.digital.
1. The agreement and who we are
Spiderbrain (the desktop app, command line tool, MCP server, website and cloud features, together the Service) is provided by Perform Digital Private Limited, a company registered in India (CIN U72900UP2019PTC121932) (Perform Digital, we, us). These Terms, together with our Privacy Policy, form a binding agreement between you and Perform Digital. By downloading, installing, accessing or using the Service, or by creating an account, you accept these Terms.
2. Licence to use Spiderbrain
Subject to these Terms and your plan, Perform Digital grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to install and use Spiderbrain for your own personal or internal business use. Paid plans are licensed according to the seats or projects in your plan. The Local plan is free for personal, research and open-source use.
3. Licence restrictions
You agree that you will not, and will not permit anyone else to:
- reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, models or underlying algorithms of Spiderbrain, except to the extent this restriction is prohibited by applicable law;
- copy, redistribute, resell, rent, lease, sublicense, or make the Service available to any third party as a service or bureau;
- remove, obscure or alter any proprietary or copyright notices;
- circumvent or disable any licence, usage, security or rate limit;
- use the Service to build a competing product, or to train a machine learning model that competes with it;
- use the Service in violation of any applicable law or regulation.
4. Your account
You are responsible for activity under your account and for keeping your sign-in method secure. Tell us promptly at contact@perform.digital if you suspect unauthorized use.
5. Acceptable use
Do not misuse the Service. That includes no unlawful, harmful, infringing or abusive activity; no attempts to break, overload, probe or scrape the Service or the Webby assistant; and no uploading of content you do not have the right to use. We may suspend access to protect the Service or other users.
6. Plans, billing and payments
- Spiderbrain offers a free Local plan and paid plans (Pro, Cortex and Enterprise). Current prices are shown on spiderbrain.ai and may change with notice.
- Payments are processed by Razorpay, including international payments. By purchasing, you authorize the applicable charges, including recurring subscription charges, until you cancel.
- Subscriptions renew automatically for the chosen period unless you cancel before renewal. You can cancel from inside the app or by contacting us; cancelling stops future renewals.
- Taxes may apply depending on your location.
- Refunds: a full refund, less payment gateway charges, if you cancel within 24 hours of purchase. After 24 hours and within 7 days, we refund the amount paid less a 30% deduction and payment gateway charges. After 7 days, payments are non-refundable.
- If a payment fails or is reversed, we may suspend paid features until it is resolved.
7. Intellectual property
Perform Digital and its licensors own all right, title and interest in the Service, including all software, models, scores, designs and trademarks. These Terms grant you a licence to use the Service, not ownership of it.
You keep ownership of your own content and data, including your code, files, and the brains you build. You grant us only the limited licence needed to operate the Service for you, for example to store and process a brain that you choose to save to the cloud.
8. Third-party and open-source components
Spiderbrain includes third-party and open-source components, which remain subject to their own licences. Where required, those notices are provided with the software.
9. Privacy
Our handling of personal data is described in the Privacy Policy. Spiderbrain is local first: in local mode, your source code stays on your device.
10. Changes to the Service and to these Terms
We may update, improve or change the Service, and we may update these Terms. We will post changes here and update the date above; material changes will be notified in the app or by email. If you continue to use the Service after a change takes effect, you accept the updated Terms.
11. Disclaimers
The Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including fitness for a particular purpose, accuracy, or uninterrupted or error-free operation. The scores and analyses Spiderbrain produces are aids to your judgment, not guarantees; you remain responsible for the decisions you make using them. Some jurisdictions do not allow certain disclaimers, so parts of this section may not apply to you.
12. Limitation of liability
To the maximum extent permitted by law, Perform Digital will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill. Our total liability for any claim relating to the Service is limited to the amount you paid us for the Service in the 12 months before the claim, or $100 if you paid nothing. Nothing in these Terms limits liability that cannot be limited by law.
13. Indemnity
You agree to indemnify and hold Perform Digital harmless from claims, losses and costs arising out of your misuse of the Service or your breach of these Terms, of any law, or of any third-party right.
14. Suspension and termination
You may stop using Spiderbrain at any time. We may suspend or terminate your access if you breach these Terms, fail to pay, or misuse the Service. On termination, your licence ends and you must stop using and remove the software; you may export your account data within a reasonable period unless we are prohibited from allowing it by law. Sections that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnity and governing law) survive termination.
15. Governing law and disputes
These Terms are governed by the laws of India. The courts of Prayagraj, India have exclusive jurisdiction, subject to any mandatory consumer-protection rights you have in your country of residence.
16. General
These Terms, together with the Privacy Policy, are the entire agreement between you and Perform Digital about the Service. If any part is found unenforceable, the rest remains in effect. Our failure to enforce a term is not a waiver of it. You may not assign these Terms without our consent; we may assign them to an affiliate or to a successor. We are not liable for events beyond our reasonable control.
17. Contact
Questions about these Terms: contact@perform.digital. Spiderbrain is a product of Perform Digital Private Limited.
These terms describe the current agreement and will evolve as the product does. They are provided in good faith.
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