DataSleeper Terms of Use

Effective date: September 16, 2026

IMPORTANT: These Terms of Use form a binding agreement between you and DataSleeper. By creating an account, purchasing a subscription, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Who We Are and Scope

DataSleeper provides artificial intelligence assisted tools for generating software applications, code, text, and related materials, together with account, hosting, support, and other features made available through datasleeper.com and related services (collectively, the Service).

In these Terms, DataSleeper, we, us, and our mean the person or legal entity operating DataSleeper. Before publication, the operator should be identified by its full legal name or by the proprietor's legal name followed by doing business as DataSleeper. You and your mean the person or organization using the Service.

If you use the Service for an organization, you represent that you have authority to bind that organization. In that case, you and your include the organization.

2. Eligibility and Accounts

You must be at least 18 years old and legally able to enter into a contract to use the Service. You must provide accurate account and billing information and keep it current.

You are responsible for safeguarding account credentials and for all activity under your account. You must promptly notify us at caelan-james@datasleeper.com if you believe your account has been compromised. You may not share an account in a way that bypasses plan limits or allows unauthorized users to access the Service.

3. The Service and AI Features

The Service may use generative AI models and automated agents to produce applications, source code, configurations, text, images, suggestions, or other output. AI output may be incomplete, inaccurate, insecure, biased, offensive, duplicative, or unsuitable for your intended purpose.

You are responsible for reviewing, testing, securing, and validating every generated application and all output before deployment or use. You must use qualified professionals when an application affects legal rights, health, safety, employment, finance, privacy, security, or another high impact area.

The Service does not provide legal, medical, financial, accounting, cybersecurity certification, or other professional advice. No output is a substitute for professional judgment.

4. Ownership of Generated Applications

Your apps belong to you. As between you and DataSleeper, you own 100 percent of the applications, source code, files, and other output generated within your account for you, to the extent ownership is permitted by applicable law. DataSleeper does not claim an ownership interest in your generated applications.

Assignment

To the extent DataSleeper acquires any right, title, or interest in output generated specifically for you through the Service, DataSleeper assigns that interest to you upon creation, subject to your payment of all applicable charges and these Terms.

Important limitations

Your ownership does not include the DataSleeper platform, models, systems, interfaces, templates identified as DataSleeper materials, documentation, trademarks, or other preexisting DataSleeper technology. Generated applications may contain open source software, model provider material, stock assets, libraries, APIs, or other third party components governed by separate licenses or terms. You are responsible for complying with those terms. Because AI systems can create similar output for different users, DataSleeper does not promise that any output is unique or that intellectual property rights will exist in every output.

No transfer of others' rights. These Terms do not give you ownership of content or technology belonging to another person. You must evaluate whether your prompts, inputs, generated output, and intended use infringe or misappropriate third party rights.

5. Your Content and Permission to Process It

You retain ownership of prompts, files, data, code, trademarks, and other material you submit to the Service (Your Content).

You grant DataSleeper a worldwide, nonexclusive, royalty free license to host, copy, process, transmit, display, modify, and otherwise use Your Content only as reasonably necessary to provide, maintain, secure, troubleshoot, and improve the Service; comply with law; and enforce these Terms. This license ends when Your Content is deleted from our systems, except for reasonable backup retention, legal obligations, and deidentified or aggregated information that can no longer reasonably identify you.

You represent that you have all rights and permissions needed to submit Your Content and authorize its processing. Do not upload regulated, confidential, or sensitive information unless the Service expressly supports that data and you have established all legally required safeguards and agreements.

6. Acceptable Use

You may not use the Service to violate law or another person's rights; generate or distribute malware, ransomware, credential theft tools, destructive code, or instructions primarily intended to facilitate wrongdoing; exploit vulnerabilities without authorization; impersonate others deceptively; defraud, harass, threaten, discriminate against, or abuse others; create or distribute child sexual abuse material or sexual content involving minors; facilitate human trafficking or sexual exploitation; create unlawful weapons instructions; interfere with elections or civic processes through deception; make prohibited automated decisions in high impact areas without legally required review and safeguards; send spam; evade sanctions or export controls; or infringe intellectual property, privacy, publicity, confidentiality, or data protection rights.

You may not probe, scan, disrupt, overload, reverse engineer, scrape, resell, sublicense, or use the Service to build a competing model or service except where applicable law does not allow that restriction. You may not bypass rate limits, safety controls, access restrictions, or usage metering.

Authorized security research, defensive testing, and development are permitted only when you own the target system or have clear permission and your activity does not harm others or the Service.

7. Plans, Usage Limits, and Unlimited Chats

Any legacy subscription entitlement is separate from application generation, application edits, deployments, compute time, storage, model usage, API calls, and third party services. Current customer prices are shown on the pricing page and at the applicable checkout.

App generation allowances and other limits are stated on the applicable pricing page, checkout screen, order form, or account interface. Limits may be measured by projects, generations, credits, tokens, compute, storage, deployment activity, or another disclosed unit.

We may use reasonable safeguards against automated extraction, credential sharing, abusive workloads, fraud, or use that materially degrades the Service for others. We will not use a fair use restriction to contradict a specific paid allowance displayed at purchase.

8. Fees, Subscriptions, and Taxes

Prices, billing frequency, included features, and applicable limits are disclosed at purchase. Unless stated otherwise, subscription fees are charged in advance and automatically renew for the same billing period until canceled.

You authorize DataSleeper and its payment processor to charge the payment method on file for recurring fees, usage charges, and applicable taxes. You are responsible for taxes other than taxes based on DataSleeper's income.

You may cancel through the account controls made available by DataSleeper or by emailing caelan-james@datasleeper.com. Cancellation stops future renewals but does not create a refund for the current billing period except as provided in Section 9 or required by law. You retain access through the end of the paid period unless your account is terminated for breach.

9. Refund Policy

All sales are final except for a documented Service error. DataSleeper does not provide refunds, credits, or prorated reimbursements unless the Service produces or displays an identifiable error code relating to the failed paid feature and you email that error code to caelan-james@datasleeper.com.

Your email must be sent within 7 calendar days after the error occurred and must include the account email, the error code, the date and approximate time of the error, and a short description of the failed action. DataSleeper may request reasonable diagnostic information and may first attempt to restore the feature or generation credit.

If DataSleeper verifies that a chargeable feature failed because of the Service and the failure was not caused by your device, network, content, configuration, third party service, violation of these Terms, or exhaustion of a disclosed limit, DataSleeper will provide, at its option, replacement credits, re-performance, or a refund of the amount reasonably attributable to the failed feature. A refund will not exceed the amount you paid DataSleeper for the affected billing period.

Nothing in this Section limits any refund, cancellation, chargeback, or consumer right that cannot legally be waived.

10. Third Party Services and Open Source Software

The Service may connect to model providers, hosting providers, databases, code repositories, payment processors, APIs, and other third party services. Their terms, privacy practices, availability, pricing, and technical limits may apply to you and may change independently of DataSleeper.

DataSleeper is not responsible for third party services and does not guarantee their continued availability or compatibility. You are responsible for obtaining licenses, accounts, credentials, consents, and permissions required for your integrations and generated applications. Open source components remain subject to their applicable licenses.

11. Deployment Security and Compliance

You control whether and how a generated application is deployed. You are responsible for production review, testing, backups, access controls, secrets management, dependency updates, monitoring, incident response, accessibility, data retention, notices, consents, and compliance with laws applicable to your application and users.

Do not treat a preview, passing test, generated security feature, or DataSleeper statement as a warranty that an application is secure, compliant, available, or fit for production. You must not deploy default credentials, exposed keys, personal data, or unreviewed code.

12. Privacy

DataSleeper's Privacy Policy explains how personal information is collected, used, shared, and retained. The Privacy Policy is incorporated by reference into these Terms. If you use a generated application to collect personal information, you are responsible for providing your own legally sufficient privacy notice and obtaining required consent.

If DataSleeper processes personal data on behalf of a business customer and applicable law requires a data processing agreement, the parties must enter into an appropriate agreement before that processing begins.

13. Feedback

If you voluntarily provide ideas, suggestions, or feedback about DataSleeper, you grant DataSleeper a perpetual, worldwide, irrevocable, royalty free right to use that feedback without restriction or compensation. This does not transfer ownership of your generated applications or Your Content.

14. Service Availability Changes and Beta Features

We may update, suspend, limit, or discontinue features to maintain security, comply with law, respond to third party changes, manage capacity, or improve the Service. We will provide reasonable notice of a material reduction to a paid subscription when practical.

Preview, experimental, early access, or beta features may be changed or discontinued at any time and may be unreliable. They are provided for evaluation and should not be used for critical workloads.

15. Suspension and Termination

You may stop using the Service at any time. We may suspend or terminate access if you breach these Terms, fail to pay, create security or legal risk, use the Service fraudulently or abusively, or if required by law. When reasonable, we will provide notice and an opportunity to cure before termination, but we may act immediately to prevent harm.

After termination, your right to use the Service ends. You remain the owner of generated applications you previously obtained, subject to third party terms and applicable law. You should export your applications and data before cancellation or termination. We may delete account data after a reasonable retention period disclosed in the Service or Privacy Policy.

Sections that by their nature should survive termination will survive, including ownership, payment obligations, disclaimers, indemnity, liability limits, dispute terms, and general provisions.

16. Intellectual Property Complaints

If you believe content available through the Service infringes your intellectual property rights, email caelan-james@datasleeper.com with your contact information, identification of the protected work, identification and location of the disputed material, a good faith statement, a statement that the information is accurate and that you are authorized to act, and your physical or electronic signature. DataSleeper may remove or restrict disputed material and may terminate repeat infringers where appropriate.

17. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, GENERATED APPLICATIONS, AND ALL OUTPUT ARE PROVIDED AS IS AND AS AVAILABLE. DATASLEEPER DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SECURITY, AVAILABILITY, AND QUIET ENJOYMENT.

DATASLEEPER DOES NOT WARRANT THAT THE SERVICE OR OUTPUT WILL BE ERROR FREE, UNIQUE, SECURE, UNINTERRUPTED, FREE OF HARMFUL COMPONENTS, OR SUITABLE FOR PRODUCTION, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

18. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless DataSleeper and its owner, affiliates, personnel, and service providers from third party claims, damages, losses, liabilities, costs, and reasonable attorneys' fees arising from Your Content; your generated application or deployment; your violation of these Terms or law; your infringement or misappropriation of another person's rights; or your misuse of the Service.

DataSleeper will promptly notify you of a covered claim and reasonably cooperate at your expense. You may not settle a claim in a way that admits fault by DataSleeper or imposes obligations on DataSleeper without written consent.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATASLEEPER AND ITS OWNER, AFFILIATES, PERSONNEL, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY; BUSINESS INTERRUPTION; COST OF SUBSTITUTE SERVICES; OR DAMAGE ARISING FROM GENERATED CODE, SECURITY INCIDENTS, THIRD PARTY SERVICES, OR RELIANCE ON AI OUTPUT, EVEN IF ADVISED THAT SUCH DAMAGE IS POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF DATASLEEPER AND THE OTHER RELEASED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF 100 US DOLLARS OR THE AMOUNT YOU PAID DATASLEEPER DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

These limitations allocate risk between the parties and apply regardless of the form of action. They do not limit liability that cannot be limited by law, including liability for fraud, willful misconduct, or personal injury where applicable law prohibits limitation.

20. Governing Law and Disputes

These Terms are governed by the laws of the State of Wisconsin, without regard to conflict of laws principles. Before filing a claim, you and DataSleeper agree to send a written notice describing the dispute and requested relief and to attempt in good faith to resolve it for at least 30 days.

Unless applicable law requires otherwise, any judicial proceeding arising from these Terms or the Service must be brought in the state or federal courts located in Outagamie County, Wisconsin, and each party consents to personal jurisdiction and venue there. These Terms do not require arbitration and do not waive a right to participate in a class action.

21. Changes to These Terms

We may update these Terms. If a change materially affects your rights or obligations, we will provide reasonable advance notice through the Service, by email, or by another appropriate method. Changes will apply prospectively from the stated effective date. Continuing to use the Service after the effective date means you accept the updated Terms. If you do not agree, you must stop using the Service and cancel before the change takes effect.

22. General Terms

These Terms, the Privacy Policy, and any order form or additional terms presented for a specific feature constitute the entire agreement concerning the Service. If an order form conflicts with these Terms, the order form controls for that transaction.

You may not assign these Terms without DataSleeper's written consent. DataSleeper may assign them in connection with a merger, acquisition, financing, reorganization, sale of assets, or transfer of the Service. Failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect.

Neither party is liable for delay or failure caused by events beyond reasonable control, except payment obligations. Section headings are for convenience only. Electronic communications and acceptance have the same effect as written communications and signatures where permitted by law.

23. Contact

Questions, support requests, cancellation notices, and eligible error code refund requests may be sent to:

DataSleeper
Email: caelan-james@datasleeper.com
Website: www.datasleeper.com
Mailing address: [INSERT BUSINESS MAILING ADDRESS]

Before publishing these Terms, replace the bracketed mailing address and identify DataSleeper's full legal operator in Section 1.