Terms of Service

1. Acceptance of Terms

By accessing or using the Brevy service ("Service"), including the website at brevy.com, the Brevy Visual Studio Code extension, related APIs, and all associated tools and features, you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

"Brevy," "we," "our," or "Company" refers to Brevy, Inc. (also referenced as "Brevios" in some backend systems). "You" or "User" refers to any individual or entity accessing or using the Service.

If you do not agree to these Terms, you must not access or use the Service. We reserve the right to modify these Terms at any time. Continued use of the Service after changes constitutes acceptance of the revised Terms.

2. Description of Service

Brevy is an AI-powered coding workspace that integrates with Visual Studio Code to provide:

• Intelligent code completion — context-aware code suggestions and autocompletions.
• Natural language to code — conversion of natural language descriptions into code.
• Code chat & debugging — conversational AI assistance for understanding and fixing code.
• Voice coding — voice-driven coding assistance powered by Google Gemini Live or similar providers.
• Multi-model support — access to AI models from multiple providers including Anthropic Claude, OpenAI GPT, Google Gemini, DeepSeek, Qwen, and others.
• Bring Your Own Key (BYOK) — the ability to use your own API keys with supported AI model providers.
• Quota-based pricing — a usage-based quota system with free and paid tiers.

The Service is provided "as is" and "as available." We may modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

3. Account Registration

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the security of your password and account credentials.
• Promptly update your account information if it changes.
• Accept responsibility for all activity that occurs under your account.
• Notify us immediately at support@brevy.com if you suspect unauthorized access to your account.

You must be at least 16 years of age to create an account. We reserve the right to suspend or terminate accounts that provide false or misleading information.

3.1 Account Security

Your account is secured with industry-standard encryption (bcrypt password hashing, short-lived JWT access tokens, and refresh token rotation). However, you are responsible for maintaining the confidentiality of your login credentials. We will never ask for your password via email or other communication channels.

4. Acceptable Use

You agree not to use the Service to:

• Generate, store, or transmit code or content that violates any applicable law or regulation.
• Create, distribute, or facilitate malware, exploits, or other security threats.
• Attempt to gain unauthorized access to any system, network, or data not belonging to you.
• Reverse engineer, decompile, or disassemble any part of the Service.
• Use the Service to develop competing products or services.
• Exceed or attempt to circumvent quota limits, rate limits, or other usage restrictions.
• Share your account credentials or API keys with unauthorized third parties.
• Use automated tools (bots, scrapers) to interact with the Service in a manner not authorized by these Terms.
• Process or generate content that is harmful, hateful, racist, sexist, lewd, violent, or illegal.
• Use AI-generated output to develop weapons, conduct surveillance, or enable human rights abuses.

We reserve the right to investigate and take appropriate action against any user who violates these provisions, including suspension or termination of access.

5. Intellectual Property

5.1 Our Intellectual Property

The Service, including its software, design, logos, trademarks, documentation, and all related materials, is the exclusive property of Brevy, Inc. and its licensors. These Terms do not grant you any right to use our trademarks, logos, brand names, or other brand features without prior written consent.

5.2 Your Intellectual Property

You retain full ownership of all source code, projects, and intellectual property you create, modify, or interact with using the Service. Brevy claims no ownership over your code or outputs.

5.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, modify, and incorporate that feedback into the Service without any obligation to you.

6. Payment & Billing

6.1 Plans and Pricing

The Service offers a free tier and paid subscription plans (Lite, Pro, Gold) with quota-based pricing. Current pricing is available on our Pricing page. All prices are in US dollars.

6.2 Quota System

Each plan includes a quota allowance that resets every 30 days. Quota is consumed per AI request based on model complexity and context size. Unused quota does not roll over to subsequent periods. If you exceed your quota, you must upgrade your plan or wait for the next reset cycle.

6.3 Payment Processing

Payments are processed by Freemius. By subscribing to a paid plan, you authorize Freemius to charge your payment method on a recurring basis (monthly) until you cancel. You agree to provide accurate payment information and authorize us to charge all fees incurred to your payment method.

6.4 Refunds

Paid subscriptions are non-refundable except where required by applicable law. If you cancel a paid subscription, you will continue to have access to the paid features until the end of the current billing period.

6.5 Price Changes

We reserve the right to modify pricing with 30 days' advance notice. Price changes will take effect at the start of your next billing cycle. Continued use of the Service after a price change constitutes acceptance.

6.6 Taxes

All fees are exclusive of applicable taxes (including VAT and sales tax). You are responsible for any taxes associated with your use of the Service, except for taxes based on our net income.

7. AI-Generated Content

7.1 Accuracy and Liability

Brevy does not guarantee the accuracy, completeness, reliability, or safety of any AI-generated content. AI models may produce plausible-sounding but incorrect code, introduce security vulnerabilities, or suggest suboptimal implementations. You assume all risks associated with the use of AI-generated output.

7.2 Code Snippet Liability

Any code snippets, suggestions, or completions generated by the Service are provided "as is" without warranty of any kind. Brevy shall not be liable for any damages arising from the use of AI-generated code, including but not limited to software defects, data loss, security breaches, or intellectual property infringement.

7.3 Your Responsibility

You are responsible for:

• Reviewing all AI-generated code before integrating it into your projects.
• Testing AI-generated code thoroughly in a development environment.
• Ensuring AI-generated code does not infringe third-party intellectual property rights.
• Complying with all applicable laws and regulations regarding code you generate with AI assistance.
• Applying appropriate security review to any AI-generated code before deployment.

7.4 Model Behavior

Different AI models may produce different outputs for the same input. We do not control the specific outputs of third-party AI models and cannot guarantee consistency between requests. Model behavior may change as providers update their models.

8. Third-Party Services

8.1 AI Model Providers

The Service integrates with third-party AI model providers (Anthropic, OpenAI, Google, DeepSeek, Alibaba Cloud/Qwen, and others). Your use of these integrations is subject to the respective provider's terms of service and usage policies:

• BYOK (Bring Your Own Key): If you supply your own API keys, your requests are processed directly by the provider you have configured. Brevy acts only as a pass-through and is not responsible for the provider's processing, policies, or availability.
• Brevy-provided keys: If you use the Service with Brevy's managed API keys, your requests are subject to rate limits, usage quotas, and the provider's data processing terms as applicable.

8.2 Extension Marketplace

The Brevy extension is distributed through the Visual Studio Code Marketplace. Your installation and use of the extension is subject to the VS Code Marketplace terms of service in addition to these Terms.

8.3 Third-Party Links

The Service may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of service of any third-party site or service.

9. Data Processing

Our collection, use, and protection of your data is governed by our Privacy Policy, which is incorporated by reference into these Terms.

Key points regarding data processing:

• We do not train AI models on your source code.
• Your code is transmitted to AI providers only when you initiate a request.
• We use encryption (TLS 1.3 in transit, AES-256 at rest) to protect all data.
• BYOK API keys are encrypted and never logged in plaintext.
• Voice audio is processed in real time and not stored after the session.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• No warranty: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
• Limitation: IN NO EVENT SHALL BREVY, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.
• Cap: OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
• AI output: WE ARE NOT RESPONSIBLE FOR ANY DAMAGES, LOSSES, OR HARM ARISING FROM YOUR RELIANCE ON AI-GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO SOFTWARE DEFECTS, DATA LOSS, SECURITY VULNERABILITIES, OR INTELLECTUAL PROPERTY INFRINGEMENT.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability shall be limited to the fullest extent permitted by applicable law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Brevy, Inc. and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service.
• Your violation of these Terms.
• Your violation of any applicable law or third-party right.
• Any content or code you create, transmit, or deploy using the Service.
• Your use of AI-generated content in production systems.

12. Termination

12.1 By You

You may terminate your account at any time by contacting us at support@brevy.com or through the account settings in the dashboard. Termination does not entitle you to a refund of any prepaid fees.

12.2 By Us

We may suspend or terminate your access to the Service, with or without notice, for:

• Violation of these Terms or our Acceptable Use policy.
• Non-payment of fees when due.
• Extended periods of inactivity (12+ months).
• Requests by law enforcement or governmental authorities.
• Discontinuation of the Service (with 90 days' notice).

12.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We will make your data available for export for 30 days following termination, after which data will be deleted in accordance with our Privacy Policy.

The following sections survive termination: Intellectual Property (Section 5), Payment obligations for accrued charges (Section 6), AI-Generated Content disclaimers (Section 7), Limitation of Liability (Section 10), Indemnification (Section 11), Dispute Resolution (Section 13), and Governing Law (Section 14).

13. Dispute Resolution

13.1 Informal Resolution

Before filing any formal legal action, you agree to first contact us at legal@brevy.com and attempt to resolve the dispute informally for a period of at least 30 days. Most concerns can be resolved quickly through direct communication.

13.2 Binding Arbitration

If the dispute cannot be resolved informally, you agree that any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in English and held in a location mutually agreed upon or via videoconference.

13.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

13.4 Exceptions

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. Any legal proceedings not subject to arbitration shall be brought exclusively in the federal or state courts located in Delaware, and you consent to the personal jurisdiction of such courts.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Service, constitute the entire agreement between you and Brevy regarding the Service.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15.3 Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction, including in connection with a merger, acquisition, or sale of assets.

15.5 Force Majeure

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, acts of government, pandemics, power outages, internet disruptions, or third-party service failures (including AI model provider outages).

15.6 Notices

Notices to you may be sent via email (to the address associated with your account), through the Service, or by any other reasonable means. Notices to us should be sent to legal@brevy.com.