Terms of Service

Last Updated: May 10, 2026

These Terms of Service (the “Terms”) are a legally binding agreement between you and Constructs Inc. (“Constructs,” “Company,” “we,” “us,” or “our”), a United States-based artificial intelligence software company, governing your access to and use of our websites, applications, APIs, software-as-a-service products, artificial intelligence features, models, documentation, communications, and related services (collectively, the “Services”).

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICES, CREATING AN ACCOUNT, CLICKING “I ACCEPT,” EXECUTING AN ORDER FORM, OR OTHERWISE INDICATING ACCEPTANCE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.

If you access or use the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity. In that case, “you” and “your” refer to that entity and its authorized users.

1. Definitions

“Account” means an account created to access or use the Services.

“AI Features” means features, functions, models, systems, workflows, agents, automations, analytics, recommendations, classifications, predictions, content generation, or other machine-learning or artificial-intelligence functionality made available through the Services.

“Constructs Materials” means the Services, software, APIs, models, systems, algorithms, workflows, templates, user interfaces, documentation, data schemas, know-how, designs, trademarks, service marks, logos, and other materials owned or controlled by Constructs, excluding Customer Data.

“Customer Data” means data, content, prompts, files, text, images, code, datasets, records, business information, or other materials submitted to the Services by or on behalf of you or your authorized users, including Inputs and Outputs.

“Input” means any prompt, instruction, file, data, text, image, audio, code, query, or other information submitted to an AI Feature.

“Output” means any text, image, code, analysis, recommendation, classification, response, result, or other content generated, returned, or made available by an AI Feature.

“Order Form” means an ordering document, online checkout, subscription page, statement of work, or similar document accepted by Constructs that describes Services, fees, limits, term, or other commercial terms.

“User” means an individual authorized to access or use the Services.

2. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Services. You may not use the Services if you are barred from doing so under applicable law or if you are located in a jurisdiction subject to U.S. sanctions or export restrictions that prohibit such use.

3. Accounts and Security

You are responsible for maintaining the confidentiality of your Account credentials and for all activity under your Account. You will ensure that Users comply with these Terms and will promptly notify us of any unauthorized access or suspected security incident. We are not liable for losses caused by your failure to secure credentials, systems, or devices.

We may require authentication measures, including multi-factor authentication, and may suspend access if we reasonably believe an Account has been compromised or used in violation of these Terms.

4. Access to the Services

Subject to these Terms, any applicable Order Form, and your compliance with all payment obligations, Constructs grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the applicable subscription term to access and use the Services for your internal business purposes.

No rights are granted except as expressly stated. Constructs and its licensors reserve all rights, title, and interest in and to the Constructs Materials.

5. Customer Data; Ownership; Licenses

5.1 Customer Data

As between you and Constructs, you retain all rights, title, and interest in Customer Data, subject to the rights granted in these Terms.

5.2 License to Constructs

You grant Constructs a worldwide, non-exclusive, royalty-free license to host, copy, transmit, process, display, modify, create technical transformations of, and otherwise use Customer Data as necessary to provide, maintain, secure, support, improve, and develop the Services; comply with law; prevent abuse; enforce these Terms; and as otherwise permitted by your settings, documentation, Order Form, or written agreement.

5.3 Responsibility for Customer Data

You represent and warrant that you have all rights, permissions, notices, and consents necessary to submit Customer Data to the Services and to authorize Constructs to process Customer Data as described in these Terms and our Privacy Policy. You are solely responsible for the accuracy, legality, integrity, quality, and appropriateness of Customer Data.

5.4 Feedback

If you provide ideas, suggestions, requests, comments, improvements, or other feedback, you grant Constructs a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable license to use, disclose, reproduce, modify, commercialize, and otherwise exploit the feedback without restriction or compensation.

6. AI Features, Outputs, and Limitations

6.1 Nature of AI Outputs

AI Features may generate inaccurate, incomplete, offensive, biased, unsafe, or unsuitable Outputs. Outputs may not be unique and other users may receive similar or identical results. You are responsible for independently reviewing, validating, and determining the suitability of all Outputs before relying on, publishing, distributing, or using them.

6.2 No Professional Advice

Outputs are not legal, medical, financial, tax, accounting, employment, engineering, safety, compliance, or other professional advice. You must consult qualified professionals before relying on Outputs in regulated, high-risk, or professional contexts.

6.3 High-Impact Decisions

You may not use the Services to make decisions that produce legal or similarly significant effects concerning individuals, including decisions relating to employment, credit, housing, insurance, education, healthcare, criminal justice, immigration, eligibility for public benefits, or similar high-impact areas, unless you implement appropriate human review, testing, monitoring, notices, consent mechanisms, and compliance controls required by applicable law and by Constructs' written approval where required.

6.4 Model Training and Improvement

Constructs' use of Inputs and Outputs for training, model improvement, safety, analytics, and service development is described in our Privacy Policy, product documentation, and applicable Order Forms. Enterprise customers may have additional controls or contractual terms.

6.5 Third-Party Models and Providers

Some AI Features may use or interoperate with third-party models, APIs, platforms, hosting providers, or infrastructure. Such third parties may process Customer Data as service providers, subprocessors, or independent providers depending on the feature and configuration. Third-party services are subject to their own terms, policies, and availability.

6.6 No Guarantee of Availability or Performance

AI Features may be experimental, probabilistic, capacity-constrained, rate-limited, or subject to evolving usage restrictions. We do not guarantee that AI Features will be uninterrupted, error-free, secure, explainable, accurate, unbiased, or suitable for your intended purpose.

7. Acceptable Use

You will not, and will not permit any User or third party to:

• (a) use the Services in violation of applicable law, regulation, sanctions, export controls, or third-party rights;
• (b) submit, process, or generate unlawful, infringing, deceptive, defamatory, harassing, abusive, hateful, violent, sexually exploitative, or otherwise harmful content;
• (c) use the Services to develop, deploy, or facilitate malware, phishing, credential theft, spam, cyber abuse, unauthorized surveillance, or circumvention of security controls;
• (d) use the Services to generate or disseminate deceptive impersonations, fraudulent content, fake reviews, scams, or materially misleading information;
• (e) use the Services to identify, track, profile, or target individuals unlawfully or in a manner that violates privacy rights;
• (f) submit Sensitive Personal Information, protected health information, payment card data, government identifiers, biometric data, children's data, or regulated data unless expressly authorized in a written agreement;
• (g) reverse engineer, decompile, disassemble, or attempt to derive source code, model weights, prompts, system instructions, algorithms, or underlying components of the Services, except to the extent such restriction is prohibited by law;
• (h) scrape, crawl, harvest, or extract data from the Services except as expressly permitted by our documentation;
• (i) benchmark, test, or publish performance or security results about the Services without our prior written consent, unless prohibited by law;
• (j) interfere with, disrupt, overload, attack, or degrade the Services or related systems;
• (k) bypass, disable, or circumvent rate limits, access controls, safety systems, usage restrictions, or security mechanisms;
• (l) resell, sublicense, lease, timeshare, or provide the Services to third parties except as expressly permitted in an Order Form;
• (m) remove or alter proprietary notices;
• (n) use the Services to train or improve competing AI models or services except as expressly authorized by Constructs in writing; or
• (o) assist or enable any person to do any of the foregoing.

8. Suspension and Enforcement

We may monitor use of the Services for security, operational, compliance, and abuse-prevention purposes. We may suspend, limit, or terminate access to the Services if we reasonably believe that you or any User has violated these Terms, created security or legal risk, exceeded usage limits, failed to pay fees, or used the Services in a manner that may harm Constructs, users, customers, third parties, or the Services.

Where commercially reasonable, we will provide notice and an opportunity to cure, but we may act immediately where necessary to address security, legal, operational, or abuse risks.

9. Fees, Payment, Taxes, and Renewals

Fees, billing terms, subscription periods, usage limits, and renewal terms are set forth in the applicable Order Form or checkout process. Unless otherwise stated:

• (a) fees are payable in U.S. dollars;
• (b) fees are non-refundable except as expressly required by law or stated in an Order Form;
• (c) subscriptions automatically renew for successive terms unless canceled before renewal;
• (d) usage-based fees may be billed in arrears or charged automatically;
• (e) you authorize Constructs and its payment processors to charge applicable payment methods;
• (f) late amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law; and
• (g) you are responsible for taxes, duties, levies, and similar governmental assessments, excluding taxes based on Constructs' net income.

10. Beta, Trial, and Preview Services

We may offer beta, trial, preview, experimental, or evaluation Services (“Beta Services”). Beta Services are provided for evaluation only, may be changed or discontinued at any time, may be subject to additional restrictions, and are provided “AS IS” without warranties, indemnities, service commitments, or support obligations unless expressly stated in writing.

11. Service Changes

We may modify, update, suspend, or discontinue the Services, including AI Features, models, APIs, interfaces, documentation, and usage limits. We will use commercially reasonable efforts to avoid materially reducing core paid functionality during a subscription term, but changes may be necessary for security, compliance, reliability, legal, technical, provider-related, or operational reasons.

12. Confidentiality

“Confidential Information” means non-public information disclosed by one party to the other that is marked confidential or should reasonably be understood to be confidential given its nature and circumstances. Confidential Information includes non-public product, technical, business, security, pricing, roadmap, and Customer Data information.

The receiving party will use Confidential Information only to perform obligations or exercise rights under these Terms, will protect it using reasonable care, and will not disclose it except to employees, contractors, advisors, service providers, and representatives who need to know and are bound by confidentiality obligations, or as required by law.

Confidential Information does not include information that is publicly available without breach, already known without confidentiality obligation, independently developed without use of Confidential Information, or rightfully obtained from a third party without confidentiality obligation.

13. Privacy and Data Protection

Our Privacy Policy explains how we collect, use, and disclose Personal Information. By using the Services, you acknowledge our Privacy Policy. If applicable, the parties may enter into a data processing agreement. You are responsible for providing required notices and obtaining required consents for Personal Information submitted to the Services.

14. Intellectual Property

Constructs Materials are protected by intellectual property and other laws. You may not use Constructs' names, logos, trademarks, or branding without prior written permission except as permitted by law.

Subject to your compliance with these Terms, Constructs assigns to you any right, title, and interest it may have in Outputs generated from your Inputs, to the extent such rights are assignable. This assignment does not apply to Constructs Materials, third-party materials, pre-existing materials, or Outputs generated for other users. Due to the nature of AI, Outputs may not be protectable by intellectual property law and may be similar or identical to outputs provided to others.

15. Third-Party Services

The Services may contain, rely on, or enable access to third-party services, models, integrations, applications, websites, software, or content. Constructs does not control third-party services and is not responsible for them. Your use of third-party services may be governed by separate terms and privacy policies.

16. Open Source Software

The Services may include open source software. Open source software is licensed under its applicable open source license, and nothing in these Terms limits your rights under such license.

17. Export Controls and Sanctions

You will comply with all applicable U.S. and international export controls, sanctions, and trade laws. You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions; are not identified on any restricted party list; and will not use the Services for prohibited end uses, including development of weapons or other restricted technologies in violation of law.

18. DMCA and Intellectual Property Complaints

If you believe content on the Services infringes your copyright, you may send a notice to:

Copyright Agent
Constructs Inc.
Sunnyvale, California 94085
Email: legal@constructshq.com

Your notice should include the information required by the Digital Millennium Copyright Act, including identification of the copyrighted work, identification of the allegedly infringing material, your contact information, a statement of good-faith belief, a statement under penalty of perjury that the information is accurate and that you are authorized to act, and your physical or electronic signature.

19. Indemnification

You will defend, indemnify, and hold harmless Constructs, its affiliates, and their respective directors, officers, employees, contractors, licensors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your use of the Services; (b) Customer Data; (c) Inputs or Outputs; (d) your violation of these Terms or applicable law; (e) your products, services, or business operations; or (f) any dispute between you and any User or third party.

Constructs may assume exclusive control of any matter subject to indemnification, and you will cooperate with our defense. You may not settle any claim without our prior written consent if the settlement imposes obligations on Constructs or admits liability by Constructs.

20. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, CONSTRUCTS MATERIALS, AI FEATURES, BETA SERVICES, OUTPUTS, DOCUMENTATION, AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

CONSTRUCTS DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

CONSTRUCTS DOES NOT WARRANT THAT THE SERVICES OR OUTPUTS WILL BE ACCURATE, COMPLETE, UNINTERRUPTED, ERROR-FREE, SECURE, UNBIASED, EXPLAINABLE, COMPLIANT WITH YOUR REQUIREMENTS, OR FREE FROM HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING, TESTING, VALIDATING, AND USING OUTPUTS.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONSTRUCTS AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES; LOST PROFITS; LOST REVENUE; LOST BUSINESS; LOSS OF GOODWILL; LOSS, CORRUPTION, OR DISCLOSURE OF DATA; BUSINESS INTERRUPTION; PROCUREMENT OF SUBSTITUTE SERVICES; OR DAMAGES ARISING FROM OUTPUTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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

THE LIMITATIONS IN THIS SECTION APPLY TO ALL THEORIES OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, AND OTHERWISE, AND APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

22. Term and Termination

These Terms begin when you first access or use the Services and continue until terminated. You may stop using the Services at any time. If you have a paid subscription, cancellation and termination rights are governed by the applicable Order Form or subscription terms.

We may terminate or suspend your access if you materially breach these Terms, fail to pay fees, create legal or security risk, or if we discontinue the Services. Upon termination, your right to access the Services will cease, but provisions that by their nature should survive will survive, including Sections concerning ownership, confidentiality, fees, disclaimers, limitations of liability, indemnification, dispute resolution, and general terms.

23. Effect of Termination; Data Export and Deletion

After termination or expiration, we may delete Customer Data in accordance with our retention practices, product functionality, Privacy Policy, and applicable law. You are responsible for exporting Customer Data before termination. We may retain information as necessary to comply with law, resolve disputes, enforce agreements, maintain security, prevent abuse, and maintain business records.

24. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws principles. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement below.

25. Dispute Resolution; Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT MAY REQUIRE YOU TO ARBITRATE DISPUTES AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF.

25.1 Informal Resolution

Before filing a claim, each party will attempt to resolve the dispute informally by providing written notice describing the dispute and proposed resolution. The parties will allow at least 30 days for informal resolution unless emergency relief is necessary.

25.2 Binding Arbitration

Except for excluded claims below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules. The arbitration will be conducted in Wilmington, Delaware, or by videoconference where permitted by the arbitration provider's rules, unless the parties agree otherwise. Judgment on the award may be entered in any court of competent jurisdiction.

25.3 Excluded Claims

Either party may bring claims in small claims court if eligible. Either party may seek injunctive or equitable relief in court to protect intellectual property, confidential information, security, or unauthorized use of the Services.

25.4 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR MASS ACTION.

25.5 Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.

26. Changes to These Terms

We may update these Terms from time to time. The updated version will be indicated by a revised “Last Updated” date. If changes are material, we may provide additional notice. Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Services.

27. Notices

We may provide notices by email, through the Services, by posting on our website, or by other legally permissible means. Notices to Constructs must be sent to:

Constructs Inc.
Sunnyvale, California 94085
United States

We currently operate without a public commercial street address. Legal notices should be sent by email unless a physical mailing address is required by law.
Email: legal@constructshq.com

28. Assignment

You may not assign or transfer these Terms without Constructs' prior written consent, except to a successor in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets, provided the successor assumes all obligations. Constructs may assign these Terms without restriction. Any prohibited assignment is void.

29. Force Majeure

Constructs will not be liable for delay or failure to perform due to events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, cloud provider failures, power outages, government actions, changes in law, cyberattacks, supply shortages, or failures of third-party models or infrastructure.

30. U.S. Government Use

The Services and documentation are “commercial products” and “commercial services” as defined under applicable federal acquisition regulations. U.S. Government users receive only the rights granted to other users under these Terms unless otherwise agreed in writing.

31. Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions will remain in full force, and the invalid provision will be enforced to the maximum extent permissible or replaced by an enforceable provision that most closely reflects the original intent.

32. No Waiver

Failure to enforce any provision of these Terms is not a waiver of that provision or any other provision. Waivers must be in writing and signed by the waiving party.

33. Entire Agreement

These Terms, the Privacy Policy, any applicable Order Form, and any incorporated policies constitute the entire agreement between you and Constructs regarding the Services and supersede all prior or contemporaneous agreements on that subject. If there is a conflict, an executed Order Form controls over these Terms solely for that Order Form.

34. Contact

Constructs Inc.
Sunnyvale, California 94085
United States

We currently operate without a public commercial street address. Legal notices should be sent by email unless a physical mailing address is required by law.
Email: legal@constructshq.com