Terms of Service

Read this first

These Terms of Service ("Terms") are a binding agreement between Scrapybara, Inc. ("Scrapybara," "Capy," "we," "us," or "our") and the person or organization that accesses or uses Capy ("Customer," "you," or "your").

Capy is an AI software engineering platform. It can read connected repositories and related development context, run coding agents in isolated cloud environments, execute commands, generate code and other work product, create branches and pull requests, review diffs, interact with connected services such as GitHub, Slack, Linear, Sentry, and Vercel, and expose product/API features that help teams manage that work (collectively, the "Services").

By creating an account, clicking to accept these Terms, using the Services, executing an order form that references these Terms, or allowing a user to access the Services on your behalf, you agree to these Terms. If you use the Services for an organization, you represent that you have authority to bind that organization.

If you have a separately signed master services agreement, order form, data processing agreement, business associate agreement, or other written agreement with us, that written agreement controls if it conflicts with these Terms.

The following documents are incorporated into these Terms:

Privacy Policy, which explains how we process personal information.
Acceptable Use Policy, which describes prohibited content, conduct, and infrastructure usage.
Data Processing Addendum, which applies when we process personal data on behalf of eligible business customers.
Subprocessors, which identifies key service providers and customer-directed integration providers.
Cookie Policy, which describes cookies, local storage, analytics, and similar technologies.

Accounts and eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction if higher, to use the Services. The Services are intended for professional software development and business use, not for children.

You are responsible for:

providing accurate account, organization, billing, and contact information;
keeping account credentials, API tokens, personal access tokens, and connected-service credentials secure;
configuring your organization, projects, repositories, permissions, integrations, environment variables, and billing controls appropriately;
all activity under your account and under accounts, tokens, or integrations you authorize; and
promptly notifying us at support@capy.ai if you suspect unauthorized access.

We may suspend or restrict access if we reasonably believe your account is compromised, used in violation of these Terms, creating security risk, or exposing us, you, another customer, a third-party provider, or the public to material harm.

Customer content

"Customer Content" means content, data, and materials that you or your users submit to or make available through the Services, including:

source code, repositories, branches, diffs, commits, pull requests, issues, comments, documentation, build output, package metadata, and configuration files;
prompts, instructions, chat messages, attachments, images, screenshots, browser snapshots, terminal output, logs, task history, review findings, and generated responses;
connected-service data from GitHub, Slack, Linear, Sentry, Vercel, and other integrations you enable;
project setup scripts, environment-variable names, runtime configuration, secrets or credentials that you intentionally store in designated secret or environment-variable features, and similar operational context; and
any personal information contained in the foregoing.

As between you and Capy, you retain all rights in your Customer Content. You grant us a limited, worldwide, non-exclusive license to access, host, copy, transmit, display, transform, analyze, and otherwise process Customer Content solely as needed to:

provide, secure, operate, monitor, troubleshoot, and support the Services;
execute your instructions and agent tasks;
route Customer Content to model providers, infrastructure providers, connected integrations, and other subprocessors as needed to provide the Services;
enforce these Terms and the Acceptable Use Policy;
comply with law and lawful requests; and
create usage, diagnostic, security, performance, and aggregated or de-identified analytics as described below.

You represent that you have all rights, permissions, notices, and consents necessary to provide Customer Content to the Services and to allow us and our subprocessors to process it under these Terms.

AI outputs and agent work product

"Output" means code, text, plans, summaries, review findings, comments, pull requests, commands, files, images, or other materials generated by the Services in response to Customer Content or your instructions.

As between you and Capy, to the extent permitted by applicable law, you own Output generated specifically for you from your Customer Content. We assign to you any right, title, and interest we may have in such Output, subject to our rights in the Services, our underlying technology, and third-party materials.

You acknowledge that:

AI systems are probabilistic and may produce inaccurate, incomplete, insecure, biased, noncompliant, or otherwise unsuitable Output;
Output may not be unique, and similar or identical output may be generated for other users;
Output may include code or suggestions that require license, security, privacy, regulatory, or business review;
Review Agent findings and PR summaries are assistance tools, not legal, security, compliance, or professional advice; and
you are solely responsible for reviewing, testing, validating, approving, merging, deploying, distributing, and relying on any Output or agent action.

Capy is an engineering assistant. It does not replace human review, change-management controls, release procedures, legal review, security review, or professional judgment. Tiny legal sentence, giant load-bearing beam.

Agent execution and connected environments

Capy agents may run commands, install dependencies, start services, browse websites, inspect files, create or modify code, use tools, access connected services, and generate commits or pull requests within the scope of permissions and settings you configure.

You are responsible for choosing which repositories, branches, integrations, credentials, secrets, tools, commands, network access, and environment variables are made available to the Services. You should not connect production systems, production credentials, customer data, regulated data, or destructive permissions unless you have reviewed the risks and have authority to do so.

Capy provides isolation, permission controls, logging, branch-based workflows, review features, and other safeguards, but these safeguards do not eliminate all risk. You remain responsible for:

maintaining backups and source-control recovery paths;
configuring repository protections, CI checks, code owners, and deployment approvals;
reviewing commands and diffs before merging or deploying;
ensuring agent work complies with your policies and applicable law;
ensuring third-party package installs, scripts, dependencies, and services are appropriate for your environment; and
preventing agent access to systems or data you do not want processed by the Services.

Unless we expressly agree otherwise in writing, Capy will not merge your pull requests, deploy your software, or approve production releases on your behalf.

Model providers, third-party services, and integrations

The Services may use third-party model providers, infrastructure providers, data stores, authentication providers, billing providers, analytics providers, customer-communication providers, recruiting providers, and connected integrations. Examples include model providers such as Anthropic, OpenAI, Google/Vertex AI, OpenRouter, xAI, Fireworks, Z.AI, and other supported model hosts; development integrations such as GitHub, Slack, Linear, Sentry, and Vercel; and service providers listed on our Subprocessors page.

Capy does not use non-public Customer Content to train models that Capy develops or controls unless you explicitly opt in or otherwise agree in writing. Third-party model-provider processing is subject to the applicable provider’s terms, policies, configurations, and data-processing commitments. When you bring your own model key, connect an external subscription, use a customer-directed integration, install a third-party extension, or instruct an agent to use a third-party service, your use may be governed by your own agreement with that third party, and their privacy, retention, abuse-monitoring, and data-use practices may apply.

We are not responsible for third-party services you choose to connect or use, including their availability, security, terms, data handling, or outputs. We may add, remove, replace, restrict, or route among model providers and other service providers to operate the Services, improve quality, respond to outages, comply with law, manage costs, or protect the Services.

Usage data and service improvement

We may collect, generate, and analyze usage, diagnostic, operational, billing, performance, security, and telemetry data about use of the Services ("Usage Data"). Usage Data may include token counts, model selections, VM runtime, command metadata, tool usage, error logs, latency, feature usage, billing events, and similar operational data. Usage Data excludes Customer Content except to the extent operational logs or metadata necessarily contain snippets or references needed to provide, secure, troubleshoot, or support the Services.

We may use Usage Data to:

provide, monitor, secure, debug, and support the Services;
calculate credits, usage, fees, and capacity;
detect abuse, fraud, security incidents, and policy violations;
improve reliability, routing, product experience, and service quality; and
create aggregated or de-identified analytics that do not identify you or your Customer Content.

Capy does not use non-public Customer Content to train models that Capy develops or controls unless you explicitly opt in or separately agree in writing. Third-party model-provider processing is subject to the applicable provider’s terms, policies, configurations, and data-processing commitments as described above.

Acceptable use

Your use of the Services must comply with the Acceptable Use Policy. Among other things, you may not use the Services to compromise third-party systems, run malware, mine cryptocurrency, operate spam or abuse infrastructure, evade usage limits, scrape at scale without authorization, process prohibited regulated data, or violate third-party rights.

We may investigate suspected violations and take remedial action, including removing content, disabling integrations, limiting model access, pausing tasks, suspending accounts, preserving relevant evidence, or reporting unlawful activity to appropriate authorities.

Security and customer responsibilities

We maintain administrative, technical, and organizational safeguards designed to protect the Services, as described in our Security materials and Data Processing Addendum. Security is shared:

We are responsible for operating and securing the Capy platform.
You are responsible for securing your accounts, repositories, devices, branches, CI/CD systems, connected integrations, deployment processes, secrets, and downstream use of Output.

You must not attempt to bypass security controls, access another customer’s data, test our systems without authorization, or use the Services in a way that creates security risk. Security vulnerabilities should be reported to security@capy.ai.

Billing, credits, and payment

Paid plans, credit purchases, subscription tiers, overage settings, auto-reload, billing intervals, seat charges, spend limits, promotional credits, and enterprise terms are described in the Services, on our pricing page, in the applicable order form, or in related documentation.

Unless otherwise stated in an order form:

fees are stated in U.S. dollars and exclude taxes;
subscriptions renew automatically until canceled;
usage-based charges, credit purchases, seat charges, overages, and auto-reload charges may be billed to the payment method on file;
you authorize us and our payment processors to charge all applicable fees, taxes, and charges;
monthly subscription credits refresh monthly and do not roll over unless the Services or your plan expressly says otherwise;
separately purchased credits may roll over as described in the Services;
promotional, referral, partner, open-source, trial, or grant credits may be subject to additional eligibility, expiration, usage, revocation, and anti-abuse rules;
failed, disputed, overdue, or reversed payments may result in suspension, credit withholding, or termination; and
all fees are non-refundable except where required by law or expressly stated in these Terms or an order form.

You are responsible for configuring spend caps, auto-reload settings, model selection, VM size, and similar usage controls. If you dispute a charge, contact support@capy.ai within 30 days and pay all undisputed amounts.

Taxes

Fees are exclusive of taxes, duties, levies, tariffs, assessments, and similar governmental charges. You are responsible for all taxes associated with your purchase or use of the Services, other than taxes based on our net income. We may collect taxes when required by law.

Trials, beta features, previews, and free usage

We may offer free plans, trials, beta features, preview features, evaluation access, open-source credits, promotional credits, or experimental models. These features may be limited, modified, discontinued, rate-limited, or revoked at any time. Unless we expressly state otherwise, they are provided "as is," without service-level commitments, warranties, indemnities, or support obligations.

Beta and preview features may be less reliable, may process data differently, may be subject to additional provider terms, and should not be used for production-critical workflows unless you accept the risk.

Confidentiality

"Confidential Information" means non-public information disclosed by one party to the other that is marked confidential or should reasonably be understood as confidential given its nature and circumstances. Customer Confidential Information includes non-public Customer Content. Capy Confidential Information includes non-public information about the Services, security controls, pricing, product roadmaps, models, system prompts, architecture, and business operations.

Each party will use the other party’s Confidential Information only to perform or exercise rights under these Terms, protect it using reasonable care, and disclose it only to personnel, affiliates, contractors, professional advisers, service providers, and subprocessors who need to know it and are bound by confidentiality obligations. Confidentiality obligations do not apply to information that is publicly available without breach, already known without restriction, independently developed without use of Confidential Information, or lawfully obtained from a third party.

A party may disclose Confidential Information if required by law, provided it gives reasonable notice when legally permitted.

Intellectual property

We and our licensors own the Services, software, interfaces, workflows, models, prompts, tools, systems, documentation, designs, trademarks, usage analytics, aggregated or de-identified data, and all related technology and improvements. Except for the rights expressly granted in these Terms, we reserve all rights in the Services.

You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, disassemble, extract, benchmark for publication, model-steal, scrape, circumvent, or create derivative works of the Services except as allowed by law or with our written permission.

If you provide feedback, ideas, suggestions, bug reports, or improvement requests, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use them without restriction or compensation.

Publicity

You grant us the right to use your name, logo, and publicly available brand assets to identify you as a customer, including on our websites, in customer lists, and in sales and marketing materials. If you would like us to stop, contact support@capy.ai and we will remove the reference within a reasonable time. Case studies, quotes, endorsements, and other uses beyond identifying you as a customer require your consent. You may not use our name, logos, or trademarks except as permitted by our brand guidelines or with our written permission.

Service changes and availability

We may modify, update, suspend, discontinue, or limit all or part of the Services. We will use reasonable efforts to avoid materially reducing paid functionality during a subscription term, but urgent changes may be necessary for security, legal, provider, infrastructure, safety, reliability, or abuse-prevention reasons.

Unless an order form states otherwise, we do not guarantee uptime, model availability, feature availability, compatibility, latency, or continued availability of any provider, model, integration, VM size, API endpoint, or feature.

Termination

You may stop using the Services at any time and may cancel paid subscriptions through the billing portal or by contacting us if self-service cancellation is unavailable.

We may suspend or terminate access if:

you breach these Terms, the Acceptable Use Policy, or an order form;
fees are overdue;
your use creates security, legal, operational, provider, or reputational risk;
we are required to do so by law or by a third-party provider;
your account is inactive for an extended period; or
we discontinue the Services.

Upon termination, your right to use the Services ends immediately. You remain responsible for fees incurred before termination. We may delete Customer Content according to our retention practices, unless we are required or permitted to retain it for legal, security, fraud-prevention, backup, accounting, dispute-resolution, or compliance purposes.

Sections that by their nature should survive termination will survive, including Customer Content licenses needed for wind-down, payment obligations, confidentiality, intellectual property, disclaimers, limitations of liability, indemnities, dispute-resolution provisions, and compliance obligations.

Disclaimers

THE SERVICES AND OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, RELIABILITY, AND ERROR-FREE OPERATION.

WE DO NOT WARRANT THAT THE SERVICES OR OUTPUT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, SECURE, ERROR-FREE, FREE OF HARMFUL COMPONENTS, COMPLIANT WITH LAW, NON-INFRINGING, OR SUITABLE FOR PRODUCTION USE. WE DO NOT WARRANT THIRD-PARTY SERVICES, MODEL PROVIDERS, INTEGRATIONS, DEPENDENCIES, OPEN-SOURCE PACKAGES, CUSTOMER SYSTEMS, CUSTOMER CONTENT, OR DOWNSTREAM USE OF OUTPUT.

Some jurisdictions do not allow certain disclaimers, so some disclaimers may not apply to you.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST GOODWILL, LOST BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF DATA, SECURITY INCIDENTS IN CUSTOMER SYSTEMS, COST OF SUBSTITUTE SERVICES, OR DOWNSTREAM DAMAGES ARISING FROM OUTPUT, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; OR (B) USD $100.

The limitations above do not limit liability that cannot be limited by law.

Indemnification

You will defend, indemnify, and hold harmless Scrapybara, its affiliates, and their respective directors, officers, employees, contractors, agents, and licensors from and against claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to:

your Customer Content, systems, products, repositories, integrations, or instructions;
your use of Output, including merged, deployed, published, or distributed code;
your breach of these Terms, an order form, or the Acceptable Use Policy;
your violation of law or third-party rights;
your use of third-party services, BYOK credentials, external subscriptions, or connected integrations; or
activity under your accounts, tokens, credentials, or permissions.

We will notify you of covered claims and reasonably cooperate at your expense. You may not settle a claim in a way that imposes liability or obligations on us without our written consent.

Export, sanctions, and government use

You may not use, export, re-export, import, sell, or transfer the Services or Output except as authorized by U.S. law and applicable laws in your jurisdiction. You represent that you are not located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive U.S. sanctions, and that you are not on any restricted-party list.

The Services are commercial products. If used by or on behalf of the U.S. government, they are provided only with the rights customarily granted to the public unless a written agreement states otherwise.

Changes to these Terms

We may update these Terms at any time in our sole discretion. If we make material changes, we will provide notice by updating the date on this page, posting in the Services, sending email, or using another reasonable method. Unless a longer period is required by law or stated in the notice, changes become effective when posted. Your continued use of the Services after changes take effect means you accept the updated Terms.

Governing law and venue

These Terms are governed by the laws of the State of California and applicable U.S. federal law, without regard to conflict-of-law rules. Subject to the arbitration provision below, the state and federal courts located in San Francisco County, California will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Services, and each party consents to that jurisdiction and venue.

Dispute resolution

Before filing a claim, each party will try to resolve the dispute informally by giving written notice describing the dispute and allowing 30 days for good-faith discussions.

Unless prohibited by law, any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration on an individual basis, not in a class, consolidated, representative, or private attorney general action. The arbitration will be administered by JAMS under its applicable rules by a single arbitrator. The arbitration will be conducted in San Francisco, California, by video conference, or in another mutually agreed location or format. Either party may seek injunctive or equitable relief in court for misuse of intellectual property, unauthorized access, security abuse, or confidentiality breaches.

If the arbitration provision is found unenforceable, disputes will be resolved in the courts identified above.

Miscellaneous

These Terms, incorporated policies, and applicable order forms are the entire agreement between you and us regarding the Services and supersede prior or contemporaneous agreements on that subject. You may not assign these Terms without our written consent, except to a successor in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets. We may assign these Terms to an affiliate or successor.

If any provision is unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. Headings are for convenience only. "Including" means "including without limitation." Neither party is liable for delays or failures caused by events beyond reasonable control, except payment obligations.

Contact

Questions about these Terms may be sent to support@capy.ai with the subject line "Legal Notice."

Scrapybara, Inc.
San Francisco, California, United States