Terms of Use

Last updated: November 6, 2026

PLEASE READ THESE ENTIRE TERMS OF USE CAREFULLY BEFORE YOU OR YOUR ORGANIZATION ACCESS OR USE OUR SERVICES. SECTION 23A CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION AND JURY TRIAL WAIVER, WHICH AFFECT HOW DISPUTES ARE RESOLVED.

BY ACCESSING OR USING THE SERVICES, YOU CONFIRM THAT YOU ARE 18 YEARS OF AGE OR OLDER, OR THE AGE OF MAJORITY IN YOUR JURISDICTION IF THAT IS GREATER, THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THESE TERMS OF USE DIRECTLY OR AS ENABLED BY YOUR ORGANIZATION, AND THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE.

IF YOU ARE AGREEING TO THESE TERMS OF USE ON BEHALF OF ANOTHER PERSON OR ENTITY, THEN YOU REPRESENT AND WARRANT TO CRUSIBLE THAT YOU HAVE THE AUTHORITY TO BIND THAT PERSON OR ENTITY TO THESE TERMS OF USE.

IF YOU DO NOT AGREE TO BE BOUND BY ANY PART OF THESE TERMS OF USE, YOU MUST NOT USE THE SERVICES PROVIDED BY CRUSIBLE AND MUST CEASE ANY USE OF THE SERVICES IMMEDIATELY.

1. OVERVIEW

These terms and conditions of use (the “Terms of Use” or the “Terms”) govern your use of Talview Inc.’s (“Crusible”, “we”, “us” or “our”) platform (the “Platform”) and other services that Crusible may offer, including the website crusible.dev (collectively, the “Other Services” and together with the Platform, the “Services”). The Terms, together with the other documents described in section 24, form the “Agreement”. “You” include an individual user of the Services (“User”) and the organization on whose behalf a User accesses the Services (“Customer”).

Crusible may update these Terms from time to time. For a material change, Crusible will notify you by email or in the Services at least 30 days before the change takes effect, unless the change is required by law or addresses a new feature, a security risk or abuse of the Services, in which case it may take effect sooner. If you do not agree to a change, you may terminate this Agreement before the change takes effect, and Crusible will refund any prepaid fees for the unused part of your subscription term. Your continued use of the Services after the effective date means you accept the change. Where you have prepaid for a subscription term, a change other than one required by law takes effect at the start of your next term unless you agree otherwise. The date at the top of these Terms shows when they were last updated.

2. THE PLATFORM

Crusible is a platform, operated by Talview Inc., for developing software with AI agents. It provides shared workspaces in which people and AI software agents work on the same projects, isolated cloud development environments in which those agents run, and access to the AI model providers and third-party tools that you choose to connect. The Platform is comprised of a set of software, code, tools, databases and other elements that enable these services.

The material that you, as a Customer or User, provide to or create in the Platform, including source code, repositories, documents, conversations and configuration, is “Your Content”.

Please note that Customers and Users access the Platform to develop and operate software for business purposes. Our Website and Services are not for personal, family, or household use. Accordingly, we treat all Your Content as pertaining to Employees or Business Representatives of Customers, rather than to individuals acting in their personal capacity.

This Agreement is the means by which we grant you the right to use the Platform, and your permission to use the Platform is conditional upon your agreeing to, and compliance with, these Terms. It continues for the term set out in section 11, subject to certain provisions surviving termination as explained hereafter.

3. ACCEPTABLE USE

The Services may be accessed by you for the purposes of developing, testing and operating software. As a User, you may be provided access to the Services by the Customer that has invited you to its workspace.

Sections 3, 6 and 6A together form the Crusible “Acceptable Use Policy”. A breach of the Acceptable Use Policy is a material breach of this Agreement.

You must not use this Website or the Services in any way that causes, or may cause, damage to the Website or Services or impairment of the availability or accessibility of the Site or Services, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Site or Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, or other malicious computer software.

You agree not to do any of the following in connection with your use of the Platform or otherwise: (1) engage in any activity that degrades the Platform for other users; (2) violate any policies we may adopt in connection with the Platform from time-to-time; (3) compromise the security or integrity of the Platform, or attempt to reverse engineer, modify or copy the Services; or (4) breach any applicable laws, rules or regulations, or infringe upon any third party’s intellectual property rights or other rights (including rights of privacy and publicity).

If you breach any of the foregoing or any other provision of this Agreement, we may take whatever steps we deem necessary to protect the Platform, our business, and our other clients, including, without limitation, suspending your access to the Platform under section 12 and/or termination of this Agreement.

4. CONTENT

You are responsible for all information, materials, audio, video, text, images, and any other content you chose to include in Your Content. While Crusible does not claim any rights in respect of Your Content posted by Customers or Users, you agree to provide Crusible with a limited, royalty-free, non-exclusive, worldwide license to host, copy, process, transmit and display Your Content, for as long as you use the Services, provided that such license is restricted to the sole purpose of enabling Crusible, its contractors and the subprocessors described in section 7A to perform the Services. You keep all ownership rights you hold in Your Content, including source code, repositories and other material that you, or Agents acting for you, place in the Services.

You must ensure anything contained in Your Content is not unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, and does not impersonate another person. You must also ensure that you have all rights necessary to use anything contained in Your Content. For example, and without limitation, there may be copyright owned by third parties in music, photographs, or other content that you choose to use in Your Content. You must ensure that you have the necessary rights to use such content before including it in Your Content.

Crusible does not take responsibility for any content posted by third parties while using the Services. Crusible is not responsible for any loss, injury, or damage to any individual as a result either directly or indirectly of any information published on the Site or made available through the Services by third parties.

Crusible reserves the right (but not the obligation) in its sole discretion to refuse or remove any content that is available via the Services where it has any grounds to suspect non-compliance with these Terms.

4A. COPYRIGHT COMPLAINTS

Crusible responds to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”). Send notices to Crusible’s designated agent at legal@crusible.dev, or by post to the address in section 27, marked for the attention of the DMCA Agent. A notice must include the information that 17 U.S.C. § 512(c)(3) requires. Crusible may remove or disable access to the material identified in a valid notice, will forward a valid counter-notice to the person who sent the original notice as the DMCA provides, and will, in appropriate circumstances, terminate the accounts of Users and Customers who repeatedly infringe.

5. YOUR ACCOUNT, YOUR RESPONSIBILITY

In order for you to register or create a Crusible account, as a User or Customer, you may be required to provide some identifying information (including your legal full name and a valid email address). If Your Account is a corporate account, you can create individual user accounts with separate logins. However, you will be responsible for the activity of those individual users. Crusible may send occasional marketing or product update emails to the registered email address. You can opt out of marketing emails at any time with the unsubscribe link in each email; service and account notices are not marketing and continue while you have an account.

It is essential that you maintain the confidentiality of your log in as you will be held responsible for all use of your account in the event of a breach of these terms. You must notify Crusible immediately if the confidentiality of your log-in details are compromised or if your account has been accessed unlawfully. Crusible cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

6. RESTRICTIONS TO USE

You agree not to use the Services or cause or permit the Site to be used:

for any illegal or unauthorized purpose;
to post content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, abusive or otherwise objectionable or violates any party’s intellectual property or privacy rights or these Terms;
to circumvent, disable or otherwise interfere with any security-related features of the Site or to jeopardize or prejudice the operation, quality or integrity of the Site or the Services, or the operation, quality or integrity of any telecommunications network;
to send spam, chain letters, pyramid schemes, junk e-mail, or duplicative or unsolicited commercial messages, advertising or promotional material, or to run contests or sweepstakes in breach of applicable law;
to copy, scrape, republish or sell the Site or Crusible’s proprietary material in the Platform, such as its software, interface, documentation and design, other than as these Terms permit;
to sell, sub-license, resell or otherwise commercialize access to the Services or Crusible’s proprietary material without Crusible’s written agreement;
using this Site or Platform in any way that is or may be damaging or harmful to this Site, Platform or Crusible;
to harvest, extract or otherwise collect information about others, including email addresses, without their consent;
using this Site in any way that impacts user access to this Site or Platform;
to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
to create or deploy malware, or to direct the Services or any Agent to attack, scan or gain access to any system, network or account that you are not authorized to access or test;
to launch denial-of-service attacks, send bulk email, or scrape or crawl third-party sites in breach of their terms or robots directives, from a workspace or through an Agent;
to attempt to escape, disable or bypass the isolation of any workspace, sandbox or virtual machine, or any network egress control, or to access another customer’s data or environment;
to perform penetration testing, vulnerability scanning or load testing against the Services themselves without Crusible’s prior written authorization;
to use compute, storage or network resources provided through the Services for cryptocurrency mining, for proxying or relaying third-party traffic, or for other workloads unrelated to developing and operating software;
to circumvent usage limits, rate limits or plan entitlements, including by operating multiple accounts;
to extract model weights or system instructions, or to use the Services or Output to develop a competing AI model;
contrary to the terms and conditions of any Internet Service Provider whose services you may use; or
to harass, abuse or harm other persons, or in order to contact, advertise to, solicit or sell to any user or person without their prior express consent.

None of these restrictions limits your use of Your Content or Output, which you may use as section 7A describes.

If you believe you have found a security vulnerability in the Services, stop testing and report it to Crusible at the notice address in section 20. Report abuse that originates from the Services, such as attacks, spam or scanning from a Crusible workspace, to the same address.

6A. AI USE

You will not use the Services or any Agent:

to circumvent the safety measures of the Services or of any AI model provider;
to develop weapons, including chemical, biological, radiological or nuclear weapons, or malware designed to cause harm;
for any practice that the EU Artificial Intelligence Act prohibits, or for a high-risk use as that Act defines it, unless Crusible agrees in writing;
to make automated decisions that have legal or similarly significant effects on individuals without meaningful human review;
to process protected health information, payment card data, export-controlled technical data or the personal data of children, unless Crusible agrees in writing;
to remove or alter provenance or watermark information in Output, or to present Output as human-made where the law requires disclosure;
to buy, sell or share model-provider API keys or accounts in breach of the provider’s terms; or
to deploy Agent-generated code or actions to safety-critical systems, such as medical devices, vehicles, aviation or industrial control systems, without independent human review and testing.

7. OWNERSHIP AND INTELLECTUAL PROPERTY

All rights, title, and interest in and to the Platform and the Services, including any and all modifications and additions thereto, shall at all times remain with us.

Other than Your Content and Output, Crusible owns the intellectual property rights in and to the Site, the Services and material on the Site or the Services. All such intellectual property rights are reserved, subject to the license below.

Subject to these Terms, we grant you a non-exclusive, non-transferable, limited right to access and use the Site and those Services for which an account has been established and approved.

You shall not reproduce, duplicate, make/issue copies, give for hire, republish, sell, lease or sub-license Crusible’s proprietary material from the Site or the Services, or otherwise edit or modify that material, except as these Terms permit. This paragraph does not apply to Your Content or Output. You shall not sub-license, assign or otherwise transfer the rights granted to you in this clause. No other right, title, or interest in the Site or the Services is granted to you.

Components of the Services that Crusible makes available under an open-source license, including any command-line tools, SDKs or agent images, are governed by that license, and nothing in these Terms limits your rights under it.

7A. AI FEATURES, AGENTS AND OUTPUT

(a) Definitions. “Agent” means an AI software agent that the Services run at your direction, including one that writes or changes code, runs commands, or calls tools and connected services. “Output” means code, text, files and other material that an Agent or any other AI feature of the Services generates in response to your inputs. Source code, repositories, prompts, documents and other material that you or your Agents place in the Services form part of Your Content.

(b) Ownership of Output. As between you and Crusible, you own the Output generated for you, and Crusible assigns to you any right, title and interest it holds in that Output. AI systems can produce Output that is identical or similar to output produced for other users, so this assignment grants no exclusivity, and it does not extend to material that a third party owns or licenses, such as open-source code that Output reproduces. Output generated for another user is not Your Content or your Confidential Information, even where it is similar to yours. You are responsible for confirming that your use of Output complies with the licenses and rights that apply to it.

(c) No model training on Your Content. Crusible does not use Your Content or Output to train or fine-tune generative AI models unless you give Crusible your documented consent. Crusible may use usage data that is aggregated or de-identified, and that contains no Your Content, to operate, secure and improve the Services.

(d) Model providers and subprocessors. To perform a task, the Services send the parts of Your Content that an Agent needs to the third-party AI model providers, hosting providers and other subprocessors that deliver the Services. Crusible engages them under written terms that limit their use of Your Content to providing the Services and do not permit them to train models on it. Your use of any model, whether Crusible supplies it or you reach it through your own account with the provider, must comply with that provider’s usage policies, and where you connect your own account, that provider’s terms also apply. Crusible may suspend access to a model where it reasonably believes your use breaches those policies. Crusible gives no warranty or indemnity for third-party models except as section 13 states. The current list of subprocessors is published on the subprocessors page, and the usage policies of model providers are available on request at the notice address in section 20. Crusible will give at least 15 days’ notice of a new subprocessor to Customers who ask to receive such notices, and you may object as the DPA described in section 8 sets out.

(e) Actions Agents take for you. You decide which Agents run, which repositories, credentials, connected accounts and tools they can reach, and what they are permitted to do. You authorize Agents to take the actions that you configure or approve, such as changing code, running commands, opening pull requests, and reading or writing data in connected third-party services. Those actions are taken on your behalf and are treated as your actions under this Agreement and under the terms of any third-party service involved. You are responsible for reviewing Output and Agent actions before you merge, deploy, publish or otherwise rely on them, and for granting Agents no broader access than a task requires. Crusible is not responsible for the consequences of an action that an Agent took within the permissions you granted.

(f) Credentials and secrets. You may give the Services credentials, API keys, tokens and other secrets (“Secrets”) so that Agents can reach repositories, model providers and connected services. Crusible stores Secrets encrypted and makes them available only to the workspaces and Agents you designate. Code and Agents running in a workspace can read the Secrets available to that workspace, and content from third-party sources, such as dependencies, web pages or issues, may attempt to manipulate an Agent into misusing them. You are responsible for using Secrets that are scoped to the task, revocable and, where available, short-lived; for rotating any Secret you believe was exposed; and for having the right to provide each Secret. Crusible’s responsibility for unauthorized use of a Secret is governed by section 10.

7B. PREVIEW FEATURES

Crusible may offer features identified as alpha, beta, preview, experimental or similar (“Preview Features”). Preview Features are optional, are provided “as is” and “as available”, and may be changed, limited or withdrawn at any time without notice. No service level, support commitment or indemnity that Crusible offers applies to Preview Features, and Crusible’s total liability arising from Preview Features will not exceed one hundred US dollars (US$100). A Preview Feature may become subject to fees when it becomes generally available, and Crusible will give notice before it charges for one. Non-public information about Preview Features is Crusible’s Confidential Information.

7C. USAGE LIMITS AND FAIR USE

Your use of the Services is subject to the limits that apply to your plan or Order, including limits on Agent runtime, compute, storage, network transfer and model usage. Crusible may throttle, queue or pause workloads that exceed those limits or that degrade the Services for other customers, and will tell you when it does so where practicable. Where your plan states no limit, your use must stay within what is reasonable for developing and operating software. Plan limits are maximums, not commitments of capacity. Any service level commitment is set out only in your Order or a separate service level agreement, and the service credits it provides are your sole remedy for a failure to meet it.

7D. FEES AND PAYMENT

(a) Fees. Paid plans are billed in advance for subscription fees and monthly in arrears for usage above your plan’s included amounts, including Agent runtime, compute, storage, network transfer and model usage, at the rates on the Crusible pricing page or in your Order. You authorize Crusible to charge your payment method on file for those amounts, and Crusible may place a temporary authorization hold for expected usage.

(b) Renewal. Subscriptions renew automatically for the same term unless you cancel before the renewal date.

(c) Price changes. Crusible will give at least 30 days’ notice of a price increase, which applies from your next renewal or billing period after the notice period ends.

(d) Taxes. Fees exclude taxes. You will pay all applicable sales, use, value-added, withholding and similar taxes, other than taxes on Crusible’s net income.

(e) Refunds and credits. Except where the law requires otherwise or this Agreement states otherwise, fees and purchased credits are non-refundable and non-transferable, and credits expire as stated when you buy them.

(f) Late payment. Overdue amounts may accrue interest at 1.0% per month, or the maximum rate the law permits if that is lower. You may dispute a charge in good faith by notice to Crusible within 60 days of the charge, and the parties will work together to resolve it.

(g) Running workloads. Usage incurred by workspaces or Agents that you leave running is chargeable, including after you cancel and until they are stopped.

7E. FREE AND TRIAL PLANS

Crusible may offer free plans, trials or promotional credits (“Free Services”). Crusible may change, limit or end Free Services at any time. Free Services carry no service level or support commitment, Crusible’s indemnity in section 13 does not apply to them, and, to the extent the law permits, Crusible’s total liability arising from them will not exceed one hundred US dollars (US$100). Unless you move to a paid plan, Crusible may delete workspaces on an expired trial 30 days after the trial ends.

7F. THIRD-PARTY SERVICES

The Services let you connect third-party services, including code hosts, AI model providers, Model Context Protocol servers, package registries and other tools (“Third-Party Services”). Your use of a Third-Party Service is governed by its provider’s terms, and you are responsible for complying with them. When you connect a Third-Party Service, you instruct Crusible to exchange Your Content with it. Crusible does not control Third-Party Services, is not responsible for their availability, security, data handling or output, and gives no warranty or indemnity for them. Crusible may disable an integration where the provider changes its terms or where the integration presents a security risk.

7G. FEEDBACK

If you give Crusible suggestions or feedback about the Services, Crusible may use them without restriction or obligation to you. Feedback does not include Your Content or Output.

7H. PUBLICITY

Crusible may identify a Customer by name and logo as a Crusible customer in its marketing, following any trademark guidelines the Customer provides. A Customer may withdraw this permission at any time by notice to the address in section 20, and Crusible will stop new uses within a reasonable time.

8. PRIVACY

In connection with Your Content, you may end up disclosing personal information to us and, correspondingly, the Customer whose workspace you use. We collect, use and disclose such personal information in accordance with our privacy policy, which forms part of this Agreement as it is updated from time to time. Where Crusible processes personal data on a Customer’s behalf as part of Your Content, the Crusible Data Processing Addendum (the “DPA”), available on request at the notice address in section 20, forms part of this Agreement and governs that processing. The DPA includes the EU Standard Contractual Clauses, the UK International Data Transfer Addendum and Swiss transfer terms, which apply to transfers of personal data out of the European Economic Area, the United Kingdom or Switzerland. Some of the Services may be hosted in jurisdictions other than the jurisdiction in which you reside, and personal data is transferred to those jurisdictions under the safeguards the DPA describes.

9. AVAILABILITY

Except as a service level agreement described in section 7C provides, Crusible will not be liable if, for any reason, the Site and/or Services are unavailable at any time or for any period. Access to the Site and/or Services may be suspended temporarily and without notice in the case of system failure, maintenance, repair or for reasons beyond Crusible’s control.

10. SECURITY

We implement and maintain technical and organizational measures consistent with industry standards (as may be updated from time-to-time, the “Security Measures”), a description of which is available on request at the notice address in section 20, to protect any information disclosed to us by you, or any Customer. However, we cannot guarantee that such measures will never be defeated. Accordingly, unless it was caused by our negligence, willful misconduct or failure to maintain the Security Measures, to the fullest extent permitted by applicable law, we are not responsible for any unauthorized or third-party hacking, access, use, alteration or disclosure of your data or personal information.

10A. CONFIDENTIALITY

(a) Definition. “Confidential Information” means non-public information that one party (the “discloser”) discloses to the other (the “recipient”) under this Agreement that is marked confidential or that a reasonable person would understand to be confidential. Your Content is your Confidential Information. Confidential Information does not include information that is or becomes public through no fault of the recipient, that the recipient already knew or independently developed without using the discloser’s information, or that the recipient lawfully receives from a third party without a duty of confidentiality.

(b) Obligations. The recipient will use Confidential Information only to perform or exercise its rights under this Agreement, will protect it with at least reasonable care, and will disclose it only to its employees, contractors, subprocessors and advisers who need to know it and are bound by confidentiality obligations at least as protective as these.

(c) Compelled disclosure. The recipient may disclose Confidential Information where the law or a court requires it, after giving the discloser prior notice where the law permits, so that the discloser can seek protection.

(d) Return. On termination, the recipient will return or delete the discloser’s Confidential Information as section 12 describes for Your Content, except copies that the law requires it to retain or that remain in backups, which stay subject to this section.

11. TERM

The term of this Agreement begins on the date that you first accept these Terms, create an account or use the Services, whichever is earliest, and continues until your account is closed and you cease using the Services, or until this Agreement is terminated under section 12.

12. TERMINATION

We may terminate this Agreement and your access to the Services immediately on notice if you breach a material provision of this Agreement, including the Acceptable Use Policy, and do not cure the breach within 15 days of our notice, or immediately where the breach cannot be cured. We may also terminate this Agreement for convenience on 30 days’ notice, in which case we will refund prepaid fees for the unused part of any subscription term.

You may terminate this Agreement at any time by closing your account and ceasing to use the Services.

We may suspend your access to all or part of the Services, including by stopping running Agents or workspaces, with immediate effect where we reasonably believe that your use breaches the Acceptable Use Policy or a model provider’s usage policy, poses a security risk to the Services or to others, exposes Crusible or others to legal liability, or involves fraud or abuse, or where any undisputed amount is more than 15 days overdue after we have notified you of the late payment. Where it is lawful and practicable, we will tell you about a suspension and its reason, and we will restore access once the cause is resolved.

For 30 days after termination, other than termination by Crusible for a breach of the Acceptable Use Policy or for non-payment, you may export Your Content using the export features of the Services. After that period, Crusible will delete Your Content, including workspaces, repositories, sandbox disks and snapshots, within a further 60 days, except where the law requires Crusible to retain it. Residual copies in backups are deleted on Crusible’s normal backup cycle and remain subject to this Agreement until then. Running workspaces and Agents are stopped on termination.

13. INDEMNIFICATION

We agree to defend Customers on a paid plan against third party claims that their use of the Platform as permitted in this Agreement infringes the patent rights, copyrights or other intellectual property rights of a third party, and to indemnify them for the damages, penalties, liabilities and costs finally awarded or agreed in settlement of such a claim. This obligation does not apply to claims arising from Output, Preview Features, Free Services, Third-Party Services, Your Content, a modification of the Platform not made by Crusible, your continued use after Crusible notifies you to stop or provides a non-infringing update, or the combination of the Platform with material that Crusible did not provide. If the Platform is, or Crusible believes it is likely to be, subject to such a claim, Crusible may at its option obtain the right for you to continue using it, modify it so that it no longer infringes, or terminate the affected Services and refund the prepaid fees for the unused part of the subscription term. This section states Crusible’s entire liability, and your exclusive remedy, for third party intellectual property claims.

You agree to defend, indemnify and hold us harmless from any damages, penalties, liabilities and costs resulting from third party claims arising from: (1) your breach of this Agreement; (2) your negligence or willful misconduct; (3) any content you upload or share through the Platform; (4) actions taken by Agents within the permissions you granted, or your use of Output; or (5) any disputes you may have with any other Customers or Users.

Any indemnification obligations under this section are conditional upon the indemnified party: (a) promptly giving the indemnifying party written notice of the claim; (b) giving the indemnifying party sole control of the defense and settlement of the claim (provided that indemnifying party may not settle any claim unless it unconditionally releases the indemnified party of all liability), provided that the indemnified party may retain counsel to participate in the proceedings; and (c) providing the indemnifying party with all reasonable assistance, at the indemnifying party’s expense.

14. EXCLUSION OF WARRANTIES

Except as expressly set forth in this Agreement, we make no representations or warranties regarding the Platform or the Services (including, without limitation, implied warranties of merchantability or merchantable quality and/or fitness for a particular purpose), and each of the Platform and the Services are provided as is. Furthermore, we do not represent that the Services will be available at any time or from any particular location, will be secure or error-free or that defects will be corrected. Crusible does not warrant or make any representations regarding the use or the results of the use of the Services.

Output is generated by AI systems and may be inaccurate, incomplete, insecure or unsuitable for your purpose, including where it appears correct. Output and Agent actions are not a substitute for your own review, testing and professional judgment.

15. LIMITATION OF LIABILITY

(a) Cap. EXCEPT FOR EXCLUDED CLAIMS, NEITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, WILL EXCEED THE GREATER OF (i) THE FEES PAID AND PAYABLE BY YOU TO CRUSIBLE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY AND (ii) ONE HUNDRED US DOLLARS (US$100).

(b) Excluded damages. EXCEPT FOR EXCLUDED CLAIMS, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL OR DATA, EVEN IF IT WAS ADVISED THAT THEY WERE POSSIBLE.

(c) Excluded Claims. “Excluded Claims” means your obligation to pay fees; your breach of the Acceptable Use Policy or of Crusible’s intellectual property rights; a party’s obligations under section 13, provided that Crusible’s total liability under section 13 will not exceed three times the amount in subsection (a); and any liability that cannot be limited under applicable law.

(d) Lower limits. Sections 7B and 7E set lower limits for Preview Features and Free Services, which apply instead of subsection (a).

16. NON-ENDORSEMENT AND RELEASE

You acknowledge and agree that we provide a suite of tools that enables Customers, Users and Agents to develop and operate software; as a result, we are not responsible for the accuracy, completeness, appropriateness, legality or applicability of any content or anything said, depicted, written or done by other users of the Services, including without limitation, any information that you may obtain by using the Services. We do not endorse anything contained in any content created by users of the Services, or any information, opinion, recommendation or advice expressed therein and you understand that you must evaluate and bear all risks associated with the use thereof. You release us from claims, damages and liabilities arising from the conduct or content of other users of the Services. If you are a California resident, you waive California Civil Code section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

17. INDEPENDENT CONTRACTORS

For all purposes, we are an independent contractor to you, and neither of us will represent that we have authority to assume or create obligations on behalf of the other party.

18. ASSIGNMENT

Neither of us may assign this Agreement, without the other party’s consent. However, we may assign this Agreement at any time to an affiliate or to an acquirer of all or substantially all of our business or assets.

19. SURVIVAL

Those provisions that expressly, or by their nature are intended to, survive termination, shall survive any termination or expiration of this Agreement, including sections 4, 7, 7A(b), 7D (for amounts owed), 10A, 12 (for export and deletion), 13 to 16, 21A, 23, 23A and 25.

20. NOTICES

All notices to be given under this Agreement: (i) if to us, will be sent by email to legal@crusible.dev; and (ii) if to you, will be sent by email to the email address that you provided to us when you registered for the Services (or any other email address should you have updated your account to reflect such other email address.)

21. WAIVER

The waiver by either party of any default or breach of any term of this Agreement shall not constitute a waiver of any other or subsequent default or breach.

21A. LIMITATION PERIOD

Except for your non-payment or breach of our proprietary rights in the Platform, no action, regardless of form, arising out of this Agreement may be brought by either of us more than one year after the cause of action has accrued, to the extent the law permits.

22. SEVERABILITY

If any provision of this Agreement is determined to be unenforceable, invalid or in breach of any law by any tribunal, public body or court of competent jurisdiction for any reason whatsoever, the unenforceability or invalidity of such provision shall not affect the enforceability or validity of the remaining provisions of this Agreement and such unenforceable or invalid provision shall be severed from the remainder of this Agreement and as so modified this Agreement shall continue in full force and effect.

23. GOVERNING LAW & JURISDICTION

This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, without regard to its conflict of laws rules. Subject to section 23A, each of the parties hereto irrevocably submits to the exclusive jurisdiction of the state and federal courts located in San Mateo County, California, USA.

23A. DISPUTE RESOLUTION

(a) Informal resolution. Before starting any proceeding, a party will send the other written notice of the dispute, and the parties will try in good faith to resolve it for 60 days.

(b) Arbitration. Any dispute that remains will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, seated in San Mateo County, California. The Federal Arbitration Act governs this section.

(c) Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court for misuse of its intellectual property or Confidential Information.

(d) Class action and jury waiver. CLAIMS MAY BE BROUGHT ONLY IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. EACH PARTY WAIVES TRIAL BY JURY.

(e) Opt-out. You may opt out of this section by email to legal@crusible.dev within 30 days of first accepting these Terms. If you opt out, or if this section is found unenforceable, disputes are resolved in the courts named in section 23.

24. ENTIRE AGREEMENT

This Agreement consists of these Terms, including the Acceptable Use Policy, the privacy policy and the DPA described in section 8, any order form or online checkout that you complete with Crusible (an “Order”), and any other document these Terms incorporate by reference. If they conflict, the following order of precedence applies: (1) a separately signed written agreement between you and Crusible for the Services; (2) the Order; (3) the DPA, as to personal data; (4) these Terms; and (5) any other policies. This Agreement constitutes the complete agreement between the parties and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning its subject matter. Terms in your purchase order or other business form have no effect.

25. EXPORT CONTROL AND SANCTIONS

You represent that neither you nor any User, nor any person that owns or controls you, is located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive U.S. sanctions, or is named on any U.S., United Nations, European Union or United Kingdom sanctions or restricted-party list. You will not use, export or re-export the Services, Output or any Crusible technology in breach of the U.S. Export Administration Regulations or any other applicable export control, sanctions or anti-corruption law, including for any prohibited end use such as the development of weapons of mass destruction.

26. FORCE MAJEURE

Neither party is liable for a failure or delay in performing its obligations, other than payment obligations, that is caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, government action, epidemics, failures of utilities, cloud infrastructure, AI model providers or the internet, and denial-of-service attacks.

27. CONTACT INFORMATION

If you have any concerns or issues with respect to these Terms of Use, you may email us at legal@crusible.dev.

Talview Inc.,
Suite 100, 1300 El Camino Real
Menlo Park
CA 94025,
USA

1. OVERVIEW #

2. THE PLATFORM #

3. ACCEPTABLE USE #

4. CONTENT #

4A. COPYRIGHT COMPLAINTS #

5. YOUR ACCOUNT, YOUR RESPONSIBILITY #

6. RESTRICTIONS TO USE #

6A. AI USE #

7. OWNERSHIP AND INTELLECTUAL PROPERTY #

7A. AI FEATURES, AGENTS AND OUTPUT #

7B. PREVIEW FEATURES #

7C. USAGE LIMITS AND FAIR USE #

7D. FEES AND PAYMENT #

7E. FREE AND TRIAL PLANS #

7F. THIRD-PARTY SERVICES #

7G. FEEDBACK #

7H. PUBLICITY #

8. PRIVACY #

9. AVAILABILITY #

10. SECURITY #

10A. CONFIDENTIALITY #

11. TERM #

12. TERMINATION #

13. INDEMNIFICATION #

14. EXCLUSION OF WARRANTIES #

15. LIMITATION OF LIABILITY #

16. NON-ENDORSEMENT AND RELEASE #

17. INDEPENDENT CONTRACTORS #

18. ASSIGNMENT #

19. SURVIVAL #

20. NOTICES #

21. WAIVER #

21A. LIMITATION PERIOD #

22. SEVERABILITY #

23. GOVERNING LAW & JURISDICTION #

23A. DISPUTE RESOLUTION #

24. ENTIRE AGREEMENT #

25. EXPORT CONTROL AND SANCTIONS #

26. FORCE MAJEURE #

27. CONTACT INFORMATION #