Terms of Service

1. Acceptance of terms

These Terms of Service (“Terms”) are a legally binding agreement between you and ShapeKit, Inc., a Delaware C corporation (“ShapeKit,” “we,” “us,” or “our”). By creating an account, accessing, or using shapekit.ai or any ShapeKit services (collectively, the “Service”), you agree to these Terms.

If you are using the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms. In that case, “you” refers to both you and that entity.

If you do not agree to these Terms, do not use the Service.

2. Description of service

ShapeKit is a platform for building and using customizable dashboard applications.

Crafters are developers, product teams, or individuals who build dashboard apps using ShapeKit’s tooling. Crafters define the structure, data, and rules of their apps, including what end users can and cannot modify.

Shapers are end users who access apps built by Crafters. Shapers can customize their view of an app using a natural language AI interface, within the constraints set by the Crafter.

ShapeKit provides infrastructure for data storage, versioning, migrations, analytics, multi-tenant isolation, billing, and a marketplace for reusable dashboard components called “Skills.”

3. Account registration and security

To use most features of the Service, you must create an account. You may register using an email address and password, or via Google OAuth.

You must provide accurate, complete, and current information when registering. You are responsible for keeping your account credentials confidential. You are responsible for all activity that occurs under your account, whether or not you authorized it.

If you become aware of unauthorized access to your account, notify us immediately at legal@shapekit.ai.

Teams. Teams are the primary billing and organizational unit on ShapeKit. Apps and their associated Shapers are scoped to a team. You are responsible for all activity by users you add to your team.

Age requirement. You must be at least 18 years old to create an account. By creating an account, you represent that you meet this requirement.

4. Subscription plans, billing, and payments

4.1 Plans

ShapeKit offers the following subscription plans:

• Forge (Free): 1 project, 200 AI requests per month, 10,000 data rows, 1 Crafter seat.
• Build ($29/month): 5 projects, 3,000 AI requests per month, 100,000 data rows, 5 Crafter seats.
• Scale ($79/month): 20 projects, 10,000 AI requests per month, 1,000,000 data rows, 15 Crafter seats.
• Custom (contact us): Unlimited projects and Crafter seats, custom AI request limits and data row limits.

4.2 Billing

Paid plans are billed monthly in advance. All fees are in US dollars and are non-refundable except as required by law or as stated in these Terms.

You authorize ShapeKit to charge your payment method on file for all fees incurred under your plan. If a payment fails, we may suspend your account until payment is resolved.

4.3 Upgrades and downgrades

Plan upgrades take effect immediately. You will be charged a prorated amount for the remainder of the current billing cycle.

Plan downgrades take effect at the start of your next billing cycle. You retain access to your current plan’s features until then.

4.4 Overages

On the Build and Scale plans, if you exceed your monthly AI request limit, overage charges apply. The overage rate will be displayed in your account settings and may change with notice. You are responsible for monitoring your usage.

On the Forge plan, AI requests are hard-capped at 200 per month. Requests beyond this limit will not be processed until the following billing cycle.

4.5 Stripe Connect and marketplace payments

Crafters may connect a Stripe account to charge Shapers for premium Skills through ShapeKit’s marketplace. By connecting Stripe, you agree to Stripe’s terms of service. ShapeKit is not a party to payment transactions between Crafters and Shapers.

ShapeKit collects a platform fee on all marketplace transactions:

• Build plan: 1% per transaction
• Scale plan: 0.5% per transaction
• Custom plan: 0.25% per transaction

ShapeKit is not responsible for disputes between Crafters and Shapers arising from marketplace transactions. Refunds for Skill purchases are governed by the Crafter’s stated refund policy, not ShapeKit’s.

4.6 Taxes

You are responsible for all applicable taxes on your subscription and marketplace transactions. ShapeKit will collect and remit taxes where legally required.

5. Free tier terms

The Forge plan is free with no credit card required. We reserve the right to modify or discontinue the free tier at any time with 30 days’ notice.

Apps built on the Forge plan must display a “Powered by ShapeKit” badge. Removing this badge requires a paid plan. You may not obscure, alter, or remove this badge on Forge-tier apps.

6. AI-powered features

ShapeKit uses AI models, including models provided by Anthropic, to power features such as the Shaper natural language interface. By using AI-powered features, you agree to the following.

AI output is not guaranteed. AI-generated views, layouts, and configurations are produced automatically and may be inaccurate, incomplete, or unsuitable for your purposes. ShapeKit makes no representations about the accuracy, reliability, or fitness of any AI output for any particular purpose.

You are responsible for AI output you deploy. Crafters who allow Shapers to use AI features in their apps are responsible for setting appropriate constraints and reviewing the types of customizations their app permits. You are responsible for ensuring that AI-generated output in your apps complies with applicable law.

AI requests are metered. AI feature usage counts against your plan’s monthly AI request limit. See Section 4 for overage terms.

Do not submit sensitive data to AI features. Do not use AI-powered features to process personal health information, financial account numbers, government identification numbers, payment card data, or other sensitive categories of personal data unless you have reviewed applicable legal requirements and have obtained appropriate consents.

7. Marketplace and Skills

7.1 Publishing Skills

Crafters may publish Skills to the ShapeKit marketplace. By publishing a Skill, you grant ShapeKit a non-exclusive, worldwide, royalty-free license to display, reproduce, and distribute the Skill through the marketplace.

You represent that you own or have the necessary rights to publish each Skill, and that your Skills do not infringe any third-party intellectual property rights.

7.2 Installing Skills

Crafters and Shapers may install or purchase Skills from the marketplace. Skills are provided as-is. ShapeKit does not review, warrant, or guarantee the quality, accuracy, or fitness of any Skill published by third-party Crafters.

7.3 Removal of Skills

ShapeKit reserves the right to remove any Skill from the marketplace at any time, including for violations of these Terms or our content policies.

8. User content and data

8.1 Your content

“User Content” means any data, text, files, configurations, dashboard definitions, collection schemas, field values, and other materials you submit to the Service.

You retain all ownership rights in your User Content. ShapeKit does not claim ownership of your data or apps.

8.2 License to ShapeKit

By submitting User Content to the Service, you grant ShapeKit a non-exclusive, worldwide, royalty-free license to store, process, display, and transmit your User Content solely to provide and improve the Service. This license terminates when you delete your content or close your account, subject to backup retention periods described in Section 8.4.

8.3 Shaper content

Where a Crafter grants Shapers the ability to save customized views or share views with other Shapers via share tokens, Shapers retain ownership of their configurations. By using share token features, a Shaper grants other users access to their shared view as configured.

8.4 Data storage

ShapeKit stores your data in cloud-hosted Postgres databases. We implement reasonable technical and organizational measures to protect your data, but we cannot guarantee absolute security. See our Privacy Policy for more detail on how we handle personal data.

When you delete content or close your account, your data may persist in backups for up to 90 days before being purged, unless you make a specific deletion request under applicable data protection law.

8.5 Data responsibility

Crafters are responsible for ensuring that their use of ShapeKit, including the data they store and the apps they build, complies with applicable privacy laws. If you collect personal data from Shapers through your app, you are the data controller and are responsible for providing appropriate privacy notices and obtaining required consents.

9. Acceptable use policy

You may not use the Service to:

• Violate any applicable law or regulation.
• Infringe the intellectual property rights of any third party.
• Transmit malware, viruses, or other malicious code.
• Attempt to gain unauthorized access to any account, system, or network.
• Scrape, crawl, or extract data from the Service by automated means without our written permission.
• Resell or sublicense access to the Service without our written permission.
• Use the Service to build competing products or services that replicate the core functionality of ShapeKit.
• Harass, abuse, or harm any individual.
• Interfere with or disrupt the integrity or performance of the Service.
• Use the Service to process data in violation of applicable privacy laws, including collecting personal data from children under 13 without parental consent.
• Use AI features to generate content that is deceptive, discriminatory, or violates applicable law.

ShapeKit may suspend or terminate accounts that violate this policy.

10. Intellectual property

10.1 ShapeKit IP

ShapeKit and its licensors own all intellectual property rights in the Service, including the platform, software, design, trademarks, and documentation. These Terms do not grant you any rights in ShapeKit’s intellectual property except the limited right to use the Service as described here.

10.2 Feedback

If you submit feedback, suggestions, or ideas about the Service, you grant ShapeKit an irrevocable, perpetual, royalty-free license to use that feedback without any obligation to you.

10.3 Trademark

“ShapeKit,” the ShapeKit logo, and associated marks are trademarks of ShapeKit, Inc. You may not use them without our prior written consent, except as required to accurately describe your use of the Service.

11. Third-party services

The Service integrates with and depends on third-party services. Your use of these integrations is subject to their respective terms and privacy policies:

• Stripe: Payment processing and Stripe Connect for marketplace transactions. Subject to Stripe’s Terms of Service and Stripe Connected Account Agreement.
• Anthropic: AI model provider powering AI customization features. Subject to Anthropic’s usage policies.
• Google: OAuth-based login via Google. Subject to Google’s Terms of Service.

ShapeKit is not responsible for any downtime, data loss, or other harm caused by third-party service failures. We will make reasonable efforts to notify you of third-party outages that affect the Service.

12. Termination and account deletion

12.1 Termination by you

You may cancel your subscription at any time through your account settings or by contacting legal@shapekit.ai. Cancellation takes effect at the end of your current billing period. You will not receive a refund for unused time on a paid plan unless required by law.

12.2 Deletion requests

Both Crafters and Shapers may request deletion of their account and associated data. Deletion requests are processed asynchronously and are typically completed within 30 days. During processing, your account will be deactivated. Some data may be retained for up to 90 days in backups as described in Section 8.4. Data required for legal compliance, fraud prevention, or dispute resolution may be retained longer.

12.3 Termination by ShapeKit

ShapeKit may suspend or terminate your account at any time, with or without notice, for:

• Violation of these Terms or our acceptable use policy.
• Non-payment of fees.
• Any conduct that ShapeKit determines, in its sole discretion, to be harmful to the Service, other users, or third parties.

12.4 Effect of termination

Upon termination, your right to access the Service ends immediately. You are responsible for exporting any data you wish to retain before your account is terminated. ShapeKit is not liable for data loss following termination.

Sections 8, 10, 13, 14, 15, 16, and 17 survive termination.

13. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHAPEKIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

SHAPEKIT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. SHAPEKIT DOES NOT WARRANT THAT ANY DATA STORED THROUGH THE SERVICE WILL BE SECURE OR PROTECTED FROM LOSS.

AI-GENERATED OUTPUT IS PROVIDED WITHOUT ANY WARRANTY OF ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PURPOSE.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHAPEKIT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF SHAPEKIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL SHAPEKIT’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE GREATER OF (A) THE FEES PAID BY YOU TO SHAPEKIT IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

Nothing in these Terms limits liability for fraud, gross negligence, willful misconduct, or any other liability that cannot be excluded by applicable law.

15. Indemnification

You agree to defend, indemnify, and hold harmless ShapeKit and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your violation of these Terms.
• Your User Content or apps built using the Service.
• Your violation of any third-party rights, including intellectual property rights or privacy rights.
• Your violation of any applicable law.
• Any claims by Shapers arising from apps you have built as a Crafter.

16. Governing law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17. Dispute resolution

17.1 Informal resolution

Before filing any formal legal proceeding, you agree to contact ShapeKit at legal@shapekit.ai and describe your dispute. We will attempt to resolve disputes informally within 30 days of receiving notice.

17.2 Binding arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration shall be conducted in Wilmington, Delaware, or remotely at either party’s request. The arbitrator’s decision is final and enforceable in any court of competent jurisdiction.

YOU AND SHAPEKIT WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTION PROCEEDINGS.

17.3 Small claims exception

Either party may bring an individual action in small claims court in lieu of arbitration, provided the claim qualifies for small claims court under applicable law.

17.4 Opt-out

You may opt out of the arbitration agreement by sending written notice to legal@shapekit.ai within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you are opting out of arbitration. Opting out does not affect your other rights or obligations under these Terms.

17.5 Time limit on claims

Any claim arising out of or related to these Terms must be brought within one year of the event giving rise to the claim. Claims not brought within this period are permanently waived.

18. Changes to terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or by displaying a prominent notice in your account dashboard at least 14 days before the changes take effect.

Your continued use of the Service after the effective date of any updated Terms constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service and cancel your subscription before the effective date.

19. General provisions

Entire agreement. These Terms, together with thePrivacy Policy and any other agreements incorporated by reference, constitute the entire agreement between you and ShapeKit regarding the Service.

Severability. If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.

No waiver. ShapeKit’s failure to enforce any provision of these Terms is not a waiver of its right to do so later.

Assignment. You may not assign these Terms or any rights under them without ShapeKit’s prior written consent. ShapeKit may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.

Force majeure. ShapeKit is not liable for delays or failures caused by circumstances beyond our reasonable control, including natural disasters, infrastructure failures, or third-party service outages.

20. Contact

For billing questions, contact us at legal@shapekit.ai with your account email and a description of your issue.

For data deletion or privacy requests, email legal@shapekit.ai and include “Data Request” in the subject line.