Terms of Service

Last updated: 12/02/2023

Terms of Service Overview

Welcome to Codia: Please review these Terms of Service ("Terms") attentively before utilizing Codia's websites and applications (collectively referred to as the "Service"), which are provided by CODIA INNOVATIONS PTE. LTD. (“Codia”, "us", "we", or "our").

Acceptance of Terms: Your use of the Service is contingent on your acceptance of these Terms and adherence to them. These Terms are applicable to all visitors, users, and any other individuals who access or use the Service.

Agreement to Terms: By accessing or using the Service, you acknowledge your agreement to these Terms. This agreement also extends to our Privacy Policy, which can be found at codia.ai/privacy and is incorporated into these Terms by reference.

Privacy and Data Usage: Codia's handling, transfer, and use of information received from Google APIs are in accordance with our Privacy Policy and comply with Google's API Services User Data Policy, including its Limited Use requirements.

Access Conditions: Should you not agree with any portion of these Terms, you are not authorized to access the Service.

2.Service Overview:

Hosted Environment for Coding: We offer a dynamic, hosted environment tailored to coding enthusiasts of all skill levels. This platform is designed to support a wide spectrum of programming languages and frameworks, facilitating a seamless coding experience.

Building and Deployment Capabilities: Our Service enables users to not only build but also deploy their software applications and web servers. This feature is integral for developers looking to bring their projects to life and make them accessible on the web.

Community Engagement: A key component of our Service is the community aspect. We provide a space where users can engage with fellow coders, share their work, and collaborate on projects. This community fosters a culture of learning, sharing, and mutual growth.

Sharing and Collaboration: The platform encourages users to share their projects and collaborate with others. This sharing extends beyond code to include insights, techniques, and best practices, enriching the overall user experience and fostering a spirit of collaboration.

3. User Agreement to Acceptable Use of the Service

Adherence to Usage Terms: Your utilization of the Service is governed by strict adherence to the outlined prohibitions on use and content as stated in these Terms. It is essential that you familiarize yourself with and comply with these guidelines to ensure a positive experience for all users. Consequences of Violation: In the event of a violation of these Terms or any other policies set by Codia, as determined at our sole discretion, a range of actions may be taken. Depending on the severity and nature of the violation, this can include:

• Issuance of a Warning: You may receive a formal warning, notifying you of the non-compliance and urging adherence to the Terms.
• Suspension of Account: Your account may be temporarily suspended, restricting your access to the Service until further notice.
• Termination of Account: In cases of severe or repeated violations, we reserve the right to permanently terminate your account. Sole Discretion of Codia: The decision regarding the enforcement of these measures lies solely with Codia. We will assess each situation on a case-by-case basis, taking into consideration the impact of the violation on the Service and its users.

4. Prohibited Actions

When utilizing the Services, you are prohibited from engaging in the following activities and must ensure that any third party, including your end users, also refrains from such actions:

1. Prohibited Content:

   • Do not send, upload, or distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable.

2. Malicious Software:

   • Avoid intentionally distributing viruses, worms, Trojan horses, corrupted files, or any other harmful or deceptive items.

3. Illegal Activities:

   • Refrain from conducting or forwarding pyramid schemes or similar activities.
   • Do not transmit content harmful to minors.
   • Avoid any activity that promotes or facilitates illegal activities, including human trafficking, sex trafficking, or physical abuse.

4. Impersonation and Misrepresentation:

   • Do not impersonate others or misrepresent the source of any email or communication.

5. Account Creation and Automation:

   • Avoid creating accounts automatically or in bulk without Codia's prior written approval.

6. Intellectual Property and Privacy Rights:

   • Do not illegally transmit others' intellectual property or proprietary information without permission.
   • Respect the legal rights, including privacy and publicity rights, of others.

7. Service Interference:

   • Do not interfere with or disrupt Codia's Services or related networks and services.
   • Refrain from attacking or tampering with other websites, services, and individuals.

8. Load Testing and Automated Systems:

   • Obtain written consent from Codia before performing significant load testing.
   • Do not use automated systems like “robots” or “spiders” in a way that imposes an unreasonable load on Codia's servers.

9. Data Harvesting and Solicitation:

   • Avoid collecting personally identifiable information from the Service for commercial solicitation.
   • Do not use Codia's communication systems for commercial solicitation purposes.

10. Prohibited Usage of Codia's Website:

    • Do not rent, lease, loan, sell access to, or otherwise transfer any rights in Codia's website to third parties.
    • Avoid modifying, adapting, translating, or reverse engineering any part of the Service.

11. Intellectual Property Respect:

    • Do not remove copyright, trademark, or other proprietary notices from the Service.
    • Refrain from reformatting or framing any part of Codia's website.

12. Prohibited Computations:

    • Do not use the Service to mine cryptocurrencies or for similar purposes.

13. Inappropriate Content Display:

    • Avoid displaying content that is hate-related, violent, or encourages conduct violating laws or third party rights.

14. Modification of Codia's Branding:

    • Do not modify Codia's logos or branding.

15. Unsolicited Communication:

    • Refrain from sending unsolicited messages or using the Service for spamming.

16. Resource Abuse:

    • Avoid repeatedly forking or cloning projects in a way that creates undue load on the Service.

17. Proxy Creation and Firewall Circumvention:

    • Do not use the Service to create proxies for circumventing firewalls or access controls.

18. Extraction of Machine Learning Models:

    • Engage in no attacks aimed at extracting or stealing machine learning models used by Codia or its service providers.

5. Prohibited Content

In using the Service, you are strictly prohibited from uploading, transmitting, or facilitating the distribution of the following types of User Content:

1. Infringement of Rights:

   • Content that infringes on any third party's rights, including copyright, according to applicable law.

2. Profanity:

   • Excessively profane content.

3. Hate Speech and Violence:

   • Content that is hate-related, violent, advocates racial or ethnic intolerance, or promotes discrimination.

4. Hacking and Illegal Activities:

   • Content that advocates computer hacking, cracking, or other illegal activities, including but not limited to the illegal export of controlled substances or software.

5. Drug-Related Content:

   • Any content related to drug paraphernalia.

6. Phishing and Malicious Content:

   • Phishing attempts or any malicious content intended to harm or exploit others.

7. Violation of Laws and Third-Party Rights:

   • Material, products, or services that violate any criminal laws, other applicable laws, or third-party rights.

8. Nudity and Sexually Explicit Content:

   • Content that includes nudity, sexually explicit material, pornography, or promotes the sale of sexual services.

9. Suicide and Self-Harm:

   • Content that promotes or facilitates suicide or self-harm, including instructions or graphic depictions.

10. Gambling:

    • Gambling-related content, including card games, roulette, or dice games, played for money, Cycles, or any other items of value.

6. Quota & Limits

Introduction to Limits: Codia implements two types of limits for using its service: hard limits and soft limits. Understanding and adhering to these limits is crucial for optimal use of the Service.

• Hard Limits:
  • Hard limits are strictly enforced automatically by the Service. These are non-negotiable ceilings on certain aspects of the Service that cannot be exceeded.
• Soft Limits:
  • Soft limits refer to consumable resources provided by Codia. While not automatically enforced, you agree not to exceed these limits as part of your responsible use of the Service. Details and Updates:
• For specific details on these limits, including any updates, please visit our Pricing page at Codia Pricing. This page will provide the most current information regarding our quota and limits. Inactivity and Service Usage:
• Please be aware that prolonged periods of inactivity may lead to your account or usage of the Service being classified as inactive. This could potentially affect your access to or use of the Service. Further Information:
• To stay informed about the current limits and how they may apply to you, we encourage you to regularly review our documentation. For more details, please visit our documentation page.

7. Your Use of Content on the Service

Scope of Service Content:

The Service offers various content, including but not limited to trademarks, service marks, logos (“Marks”), and other materials (collectively referred to as “Service Content”). This Service Content is either owned or licensed by Codia or its affiliates and is protected under copyright and intellectual property laws. Usage Restrictions:

• Service Content is provided to you on an "as-is" basis.
• You are permitted to access Service Content solely for your information and personal use, as explicitly allowed under these Terms.
• Downloading of Service Content is only permissible when a “download” or similar link is provided by Codia on the Service.
• Except as specified in the “Open Source and User Content” section, you may not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Service Content without Codia's prior written consent or the consent of the respective licensors. Rights Reserved:
• All rights not explicitly granted in these Terms to the Service and the Service Content are reserved by Codia and its licensors. Security and Usage Limitations:
• You agree to refrain from circumventing or interfering with any security-related features of the Service.
• You also agree not to disrupt features that limit the use or copying of any Service Content or enforce usage restrictions. Exposure to Various Content:
• While using the Service, you will encounter Service Content from various sources. Codia is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Service Content.
• You understand and acknowledge that some of the Service Content you may be exposed to could be inaccurate, offensive, indecent, or objectionable.

8. User Content

Scope of User Content: Our Service enables you to post, link, store, share, and make available various forms of information and material, such as code, text, graphics, videos, etc., collectively referred to as "User Content". The Service includes a code editor and file manager, empowering you to control the type and nature of the User Content you upload. User Responsibility:

• You are solely responsible for the User Content you post on or through the Service. This responsibility covers the legality, reliability, and appropriateness of the User Content.
• Codia does not assume responsibility for User Content, except where prohibited by law. Representations and Warranties:
• By posting User Content, you represent and warrant that:
• (i) You own the User Content or have the necessary rights to use it and grant us the rights and license as stipulated in these Terms.
• (ii) Your User Content does not infringe on the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity. Copyright Infringement:
• We reserve the right to terminate accounts involved in copyright infringement or violation of intellectual property rights. Rights Retention:
• Except as outlined in the “Open Source and User Content” section, you retain all rights to your User Content. You are responsible for protecting those rights. License Grant to Codia:
• By posting User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, modify, perform, display, reproduce, and distribute your User Content on and through the Service. This license is in accordance with these Terms and our Privacy Policy.
• This license also allows us to make your User Content available to other users of the Service, who may use it subject to these Terms. Monitoring and Editing User Content:
• Codia reserves the right, but not the obligation, to monitor, edit, remove, or share User Content if deemed necessary to comply with applicable law, ensure service consistency, security, and stability, or for other reasons. Restrictions on Use:
• Except as specified in the “Open Source and User Content” section, you may not use User Content for commercial purposes or personal gain without our express advance written permission.

9. Open Source and User Content

Automatic Licensing:

• When you post User Content on specific parts of the Service or through certain features, such content may automatically be subjected to an open source license.

Open Source Licensing Terms:

• Additional terms related to open source licensing are detailed at Codia Licensing Info. These terms are incorporated into these Terms by reference.

10. Cycles

Nature of Cycles:

• Cycles are virtual tokens without cash value. They are provided under a limited, personal, revocable license by Codia.

Cycles Terms and Conditions:

• The terms governing the use of Cycles are available at Codia Cycles Terms, and are hereby incorporated into these Terms by reference.

11. Extensions Store

• Access to Extensions:The Extensions Store provides access to Repls, enhancing your Workspace and individual Repls. Extensions are published by Codia and third-party Developers.
• User Terms for Extensions:If you're using Extensions, your rights are governed by the Codia Extensions Store - User Terms.
• Developer Terms for Extensions:As an Extension Developer, your rights and obligations are outlined in the Codia Extensions Store - Developer Terms.

12. Purchases

• Purchase Process:
• For any Purchase through the Service, you may need to provide relevant information such as credit card details, billing and shipping information.
• Representations and Warranties:
• You warrant that you have the legal right to use the payment methods for your Purchases and that the information provided is accurate.
• Right to Refuse or Cancel:
• We reserve the right to refuse or cancel orders due to various reasons including product availability, pricing errors, order errors, suspected fraud, or unauthorized transactions.

13. Refund policy

• Strictly no refunds will be offered unless required by the law or at Codia’s sole discretion, if any.

14. Cancellation policy

• You may cancel your Plan any time but please note that such cancellation will only be effective at the end of the then-current Plan period. Unless required by law, you will not receive a refund of any portion of the subscription fee paid for the then-current subscription period at the time of cancellation.

15. Availability, Errors, and Inaccuracies

• Service Updates:Our Service is subject to constant updates, including product and service offerings.
• Information Delays and Errors:Delays in updating the Service or inaccuracies in descriptions, pricing, or availability of products/services may occur.
• Correction of Errors:We reserve the right to modify, correct, or update information, and address errors or inaccuracies at any time without prior notice.

16 Notice and Communications

• Agreement to Receive Communications:By creating an account, you agree to receive communications from us regarding changes, updates, or other relevant information about the Service.
• Email Address Responsibility:It is your responsibility to provide a current email address. If the last email address you provided is not valid or cannot deliver notices, our sent email will still constitute effective notice.
• Contacting Us:You can provide notice to us by contacting Codia Support.

17. Contests, Sweepstakes, and Promotions

• Promotion Governance:Promotions made available through the Service may have their own rules, separate from these Terms.
• Review of Promotion Rules:If participating in Promotions, review the applicable rules and our Privacy Policy. In case of conflict, the specific Promotion rules will prevail.

18. Accounts; Account Termination Policy

• Age Restrictions:Unless part of Teams for Education, users must be at least 13 years old. Children of any age may use the Service if enabled by a parent or guardian.
• Parental Responsibility:Parents or guardians of users under 18 are responsible for the child's activity and must agree to these Terms.
• Account Accuracy:You must provide accurate, complete, and current information for your account. Failure to do so may result in account termination.
• Confidentiality and Responsibility:Maintain confidentiality of your account and password. You are responsible for all activities under your account.
• Username Restrictions:Usernames must not infringe on others' rights, be offensive, vulgar, or obscene.
• Codia's Termination Rights:Codia reserves the right to terminate accounts for repeat copyright infringements, violations of these Terms, or at its discretion. This includes the right to refuse service, reclaim accounts, remove content, or cancel orders.

19. Copyright Policy

• Commitment to Intellectual Property Rights: We respect the intellectual property rights of others and actively respond to claims of copyright infringement on the Service.
• Reporting Copyright Infringement: If you believe your work has been infringed upon, please submit a claim via email to Codia Support with the subject line: "Copyright Infringement". Your claim should include a detailed description of the alleged infringement, as outlined in the "DMCA Notice and Procedure for Copyright Infringement Claims" below.
• Liability for False Claims: You may be liable for damages, including costs and attorneys' fees, if you misrepresent or make bad-faith claims about the infringement of your copyrighted work.

20. Indemnification

• Agreement to Indemnify: You agree to defend, indemnify, and hold harmless Codia, Inc., its licensees, licensors, employees, contractors, agents, officers, and directors from any claims, damages, liabilities, losses, obligations, costs, debts, and expenses (including attorneys' fees) arising from: a) Your use and access of the Service, by you or anyone using your account and password. b) A breach of these Terms. c) Content posted on the Service.

21. DMCA Notice and Procedure for Copyright Infringement Claims

• Notification Requirements: To file a DMCA notice, provide the following information to our Copyright Agent:
  • Authorized electronic or physical signature.
  • Description of the infringed work, including the URL or location of the copyrighted work.
  • Identification of the URL or location on the Service where the infringing material is located.
  • Your contact details: address, telephone number, and email address.
  • A statement of good faith belief that the disputed use is not authorized.
  • A statement, under penalty of perjury, that the information in your notice is accurate, and you are authorized to act on behalf of the copyright owner.
• Contact Information: The Copyright Agent can be contacted via email at [email protected].

22. Intellectual Property

• Ownership of Service and Content: The Service, including its original content (excluding User Content), features, functionality, and all intellectual property rights therein, remain the exclusive property of Codia and its licensors.
• Protection Under Law: The Service is protected by copyright, trademark, and other laws of the United States and foreign countries.
• Trademark Usage: Codia’s trademarks and trade dress may not be used in connection with any product or service without Codia's prior written consent.

23. Links To Third Party Websites, Advertisements, and Services

• Third-Party Links: The Service may contain links to third-party websites, advertisements, or services not owned or controlled by Codia.
• No Control or Responsibility: Codia does not control, endorse, or assume responsibility for the content, privacy policies, or practices of third-party websites or services.
• User Discretion and Risk: Your interaction with any third-party links is at your own risk. Codia is not liable for any damage or loss caused by reliance on third-party content, goods, or services.
• Third-Party Terms: When accessing third-party links, the third party's terms and policies apply, not these Terms.

24.Termination

• Right to Terminate: We reserve the right to terminate or suspend your account and access to the Service immediately, at our sole discretion, for any reason, including a breach of the Terms.
• Process for Account Termination: To terminate your account, visit Codia Account Settings and click the “Request Account Deletion” button.
• Survival of Provisions: Certain provisions of the Terms will continue to be effective after termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

25. Limitation of Liability

• Scope of Liability: Codia, including its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any indirect, incidental, special, consequential, or punitive damages. This includes, but is not limited to, loss of profits, data, goodwill, or other intangible losses.

• Liability Conditions: This limitation applies to damages resulting from: (i) Your use or inability to use the Service. (ii) Conduct or content of any third party on the Service. (iii) Content obtained from the Service. (iv) Unauthorized access, use, or alteration of your transmissions or content.

• Legal Theory: These limitations apply whether based on warranty, contract, tort (including negligence), or any other legal theory, regardless of whether Codia was informed of the possibility of such damages.

• Maximum Liability: The total cumulative liability of Codia for any claim related to these Terms is limited to one hundred dollars ($100.00 USD).

• Exclusions: Nothing in these Terms shall limit or exclude our liability for: (X) Death or personal injury caused by our negligence or that of our employees, agents, or subcontractors. (Y) Fraud or fraudulent misrepresentation. (Z) Any liability that cannot be excluded by applicable law.

26. Warranty Disclaimer

• Service Use at Your Risk: The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied.

• No Warranties Provided: Codia does not warrant that:

  a) The Service will be uninterrupted, secure, or available at any specific time or location.

  b) Errors or defects will be corrected.

  c) The Service is free of viruses or other harmful components.

  d) The Service will meet your requirements or that content will be accurate or complete.

• Liability for Service Use: Codia is not liable for any errors or inaccuracies in content, personal injury or property damage from using the Service, unauthorized access to the Service, or any damage caused by third-party viruses or harmful components.

• Jurisdictional Limitations: Some jurisdictions do not allow limitations on implied warranties or liability, so these may not fully apply to you.

• Basis of Agreement: The disclaimers, exclusions, and limitations of liability are fundamental to the agreement between the parties and have been relied upon in setting the terms and conditions of these Terms.

27. California Civil Code §1789.3

• Complaint Reporting: In line with California Civil Code §1789.3, complaints can be reported to the California Department of Consumer Affairs in writing at 400 R. Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

28. Governing Law

• Jurisdiction: These Terms are governed by the laws of California, United States, without regard to conflict of law provisions.

• Rights and Provisions: Our failure to enforce any rights or provisions of these Terms is not a waiver of those rights. If any provision is found invalid or unenforceable by a court, other provisions remain in effect.

• Entire Agreement: These Terms constitute the entire agreement between us regarding our Service, superseding any prior agreements.

29. Assignment

• Transfer of Rights: You may not transfer or assign rights and licenses granted under these Terms, but Codia may assign them without restriction.

30. Changes to Terms

• Modification Rights: We reserve the right to modify or replace these Terms at our discretion.

• Acceptance of Revised Terms: Continued use of the Service after revisions implies agreement to the new terms. If you disagree, you must cease using the Service.

31. hCaptcha

• Usage of hCaptcha: We use hCaptcha by Intuition Machines, Inc. ("IMI") for anti-bot protection on our website.

• Analysis and Data Collection: hCaptcha analyzes visitor behavior to determine human or automated activity, collecting various data like IP address and mouse movements.

• Invisible Mode Analysis: Analysis may occur without explicit notification to the user.

• Data Processing and Privacy: Data processing is justified by the legitimate interest in protecting the site from automated abuse. IMI acts as a data processor (GDPR) and service provider (CCPA). For privacy and terms details, visit hCaptcha Privacy and hCaptcha Terms.

32. Contact Us

• Inquiries: For questions about these Terms, contact us at Codia Support.