MalleableMalleable

Terms of Service

Effective Date: May 14, 2026

Malleable Inc. ("Malleable" or "Company") provides an AI-powered workflow automation platform that adapts to your business processes and creates custom software solutions (hereinafter the "Services"). These Terms of Service ("Terms") govern how you, the customer (hereinafter, "Customer"), use Malleable's website and Services. By signing up, creating an account, entering into an Order Form, or accessing and using our website or Services, you signify that you have read, understand, and agree to be bound by these Terms.

If you accept these Terms and are using the website or Services on behalf of another organization or legal entity, you represent and warrant that you are authorized to do so. If you do not have such authority or do not agree to these Terms, you may not access the website or Services.

1. AI Workflow Services and Support

1.1 Customer may obtain from Company the right to access and use the Services and engage Company to perform related services from time to time during the Term (as defined below), pursuant to these Terms.

1.2 Subject to these Terms, Company will use commercially reasonable efforts to provide Customer the Services. During the Term, and subject to Customer's compliance with these Terms, Company grants a non-sublicensable, non-transferable, limited license to access and use the Services. Company owns all intellectual property rights in and to the website, the Services and Software (as defined below), including but not limited to all patents, trademarks, copyrights, trade secrets, and other proprietary or intellectual property rights related thereto. Customer shall acquire no rights therein other than those limited access rights specifically conferred by these Terms. All configurations, customizations, updates, enhancements and modifications to the Services developed by Company belong solely and exclusively to Company and shall be deemed to be included in the Services.

1.3 As between the parties, Customer will retain all right, title and interest (including any and all intellectual property rights) in and to the Customer Data as provided to Company for the performance of the Services. Subject to these Terms, Customer hereby grants to Company a non-exclusive, worldwide, royalty-free right to host, process, transmit, and store Customer Data solely as necessary to provide the Services to Customer, and to permit Company's subprocessors to do the same on Company's behalf.

1.4 Generated Content Ownership: Customer owns all right, title, and interest in AI-generated workflows, code, configurations, and other content created by the Services in response to Customer's inputs ("Generated Content"), provided such content was created through authorized use of the Services. Customer may freely use, modify, distribute, and commercialize Generated Content without attribution to Company.

1.5 Subject to these Terms, Company will provide Customer with reasonable technical support services in accordance with our standard support policies.

2. Restrictions and Responsibilities

2.1 Customer may not and may not assist or enable others to:

(i) use the Services except as permitted by these Terms;

(ii) sell, assign, lease, sublicense, copy, resell, or scrape any part of the Services or otherwise transfer the Services to any third party, in whole or in part, without Company's prior written consent;

(iii) directly or indirectly reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services ("Software");

(iv) modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services);

(v) use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party (with the exception of workflows that Company agrees to provide for Customer's end users);

(vi) use the Services in a manner that is unlawful or violates the rights of others;

(vii) use or permit the use of any tools in order to probe, scan, or attempt to penetrate or benchmark the Services;

(viii) remove any proprietary notices or labels from the Software, Services or related documentation;

(ix) interfere with or disrupt the integrity, stability, or performance of the Services, Software, Company's servers, or the behavior of other applications using the Services or data contained therein;

(x) attempt to gain unauthorized access to the Services, Software or its related systems or networks;

(xi) use the Services for competitive analysis or to develop competing products or services;

(xii) transmit any viruses, malware, or other harmful materials via the Services;

(xiii) copy, distribute, share, or disclose any portion of the Services or related documentation;

(xiv) use the Services to generate workflows or content that (a) may constitute or contribute to a crime or tort, (b) may create a risk of harm, injury, or emotional distress to any person, (c) contains any information or content that Company reasonably deems to be unlawful, harmful, abusive, hateful, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, threatening, profane, obscene, or otherwise objectionable, or (d) violates any applicable laws or regulations;

(xv) attempt to extract, reverse engineer, or replicate Company's AI models, training data, or proprietary algorithms; or

(xvi) use the Services to create workflows for illegal business activities or to automate processes that violate applicable laws or regulations.

2.2 Customer may not remove or export from the United States or allow the export or re-export of the Services, Software or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority.

2.3 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with these Terms and all applicable laws and regulations.

2.4 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, "Equipment"). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, and files, and for all uses of Customer's account or the Equipment with or without Customer's knowledge or consent, and ensuring that each permitted user shall only use the Services in accordance with these Terms.

2.5 Prohibited Data. Unless expressly authorized in a signed Order Form, Customer may not submit through the Services any (a) protected health information governed by the Health Insurance Portability and Accountability Act ("HIPAA"); (b) financial account numbers or payment card information; (c) social security numbers, driver's license numbers, or other government-issued identification numbers; (d) biometric identifiers used to identify a natural person; (e) special categories of personal data as defined under Article 9 of the EU General Data Protection Regulation; or (f) other similar categories of sensitive personal information.

2.6 High-Risk Activities. Customer may not use the Services in any situation where the use or failure of the Services could reasonably be expected to lead to death, bodily injury, or environmental damage, including but not limited to operation of nuclear facilities, air traffic control, life-support systems, autonomous vehicle technology, or emergency response services.

2.7 Suspension. In addition to the rights provided in Section 4, Company may suspend Customer's access to the Services if (a) Customer's account is more than thirty (30) days past due; (b) Customer materially breaches Section 2 (Restrictions and Responsibilities); or (c) Customer's use of the Services materially and negatively impacts the Services or other customers. Company will use reasonable efforts to notify Customer in advance when practical.

3. Confidentiality; Proprietary Rights

3.1 Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") has disclosed or may disclose business, technical or financial information relating to the Disclosing Party's business (hereinafter referred to as "Proprietary Information"). Proprietary Information of Company includes non-public information regarding features, functionality and performance of the Services and the Software including any documentation related thereto. Proprietary Information of Customer includes non-public data provided by Customer to Company to enable the provision of the Services ("Customer Data"). The Receiving Party agrees: (i) to take commercially reasonable precautions to protect such Proprietary Information, but in no event using less precautions than the Receiving Party uses to protect its own confidential information and in any event not less than a reasonable degree of care (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing obligation shall terminate after five (5) years following the disclosure thereof.

3.2 Customer shall own all right, title and interest in and to the Customer Data and Generated Content. Company shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with implementing Services or support, (c) any ideas, comments or feedback provided by Customer related to the Software or Services, and (d) all intellectual property rights related to (a) through (c) of the foregoing.

3.3 No AI Training. Company will not use Customer Data or Usage Data to train any artificial intelligence, machine learning, or large language model, whether Company's own or a third party's. Company may collect and use Usage Data — information about the provision, use, and performance of the Services — only in aggregated, de-identified form to operate, secure, troubleshoot, and improve the Services. Company will not disclose Customer Data or non-aggregated Usage Data to third parties except as necessary to provide the Services or as required by law.

3.4 Company utilizes third-party Artificial Intelligence (AI) providers to enhance the performance and functionality of the Services ("Third-Party AI"). This involves the transmission of Customer Data to Third-Party AI providers for real-time processing and workflow generation. These Third-Party AI providers operate solely to assist in the provision of the Services and process data in real-time without storing Customer Data for their own purposes. Company maintains appropriate data processing agreements with Third-Party AI providers and publishes a current list of subprocessors at https://trust.usemalleable.com/subprocessors.

3.5 Data Processing Agreement. Company's Data Processing Agreement ("DPA") available at https://usemalleable.com/dpa is hereby incorporated by reference and forms an integral part of these Terms.

4. Payment of Fees

4.1 Customer will pay Company the applicable fees for the Services (collectively, the "Fees") as either (a) shown at checkout for self-service plans, or (b) described in a signed Order Form. Customer's use of the Services is subject to any usage limits described at checkout or in Customer's Order Form. If Customer's use exceeds those limits, Company may restrict Customer's use of the Services and/or charge for excess usage, as described at checkout or in the Order Form. Company reserves the right to change the Fees or applicable charges upon thirty (30) days' prior notice to Customer; however, updated charges and/or Fees will not go into effect until Customer's next renewal effective date.

4.2 Customer is responsible for providing complete and accurate billing and contact information to Company and notifying Company of any changes to such information. If Company bills Customer through an invoice, full payment is due within thirty (30) days from the invoice date. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower. Company reserves the right to suspend or terminate the Services due to Customer's failure to remit timely payment within ten (10) business days after receipt of notice from Company.

4.3 Customer shall be responsible for payment of all applicable sales, use and excise taxes, excluding taxes on Company's net income.

4.4 Automatic Payment. Unless an Order Form specifies otherwise, Customer authorizes Company (or Company's payment processor) to automatically charge the payment method Customer provides for all Fees, including recurring subscription Fees and overages, until Customer cancels in accordance with Section 5. Customer is responsible for keeping payment information current.

4.5 Refunds. Fees are non-refundable except where these Terms expressly provide for a prorated refund.

5. Term and Termination

5.1 This Agreement starts when Customer first accepts these Terms and continues for the Subscription Period shown at checkout or specified in a signed Order Form (the "Initial Service Term"). If neither a checkout Subscription Period nor an Order Form applies, this Agreement continues until terminated by either party in accordance with these Terms.

5.2 After the Initial Service Term, this Agreement will automatically renew for successive Subscription Periods of equal length ("Renewal Term(s)") until terminated. Customer may cancel a self-service plan at any time by providing written notice to contact@usemalleable.com (or, when available, through the in-product billing portal), with cancellation effective at the end of the then-current Subscription Period. For Order Form customers, renewal and non-renewal are governed by the terms of the applicable Order Form.

5.3 Either party may terminate these Terms upon thirty (30) days' notice if the other party materially breaches any of the terms or conditions herein and fails to cure such breach within thirty (30) days of notice. Company may terminate immediately for non-payment or violation of Section 2 (Restrictions and Responsibilities).

5.4 Upon termination: (a) all access rights granted hereunder shall cease; (b) Customer shall pay all unpaid Fees through the date of termination; (c) Customer shall cease use of the Services; and (d) upon Customer's request within thirty (30) days of termination, Company will provide Customer with an export of Customer Data in a commonly used format. After such thirty (30) day period, Company may delete Customer Data.

5.5 Survival. The following provisions will survive any expiration or termination of this Agreement: Section 1.4 (Generated Content Ownership); Section 2 (Restrictions and Responsibilities); Section 3 (Confidentiality; Proprietary Rights); Section 4 (Payment of Fees) with respect to amounts accrued prior to termination; Section 5.4 (Effects of Termination); Section 5.5 (Survival); Section 6 (Representations, Warranties, and Disclaimers); Section 7 (Limitation of Liability); Section 8 (Indemnification); and Section 9 (General Terms).

5.6 Termination for Insolvency. Either party may terminate this Agreement immediately upon written notice if the other party (a) ceases to do business in the ordinary course; (b) makes a general assignment for the benefit of creditors; (c) files for or has filed against it any petition under bankruptcy or similar laws that is not dismissed within sixty (60) days; or (d) has appointed a receiver, trustee, or similar officer over substantially all of its assets.

6. AI Service Limitations and Warranties

6.1 Customer represents and warrants that: (a) you are at least eighteen years old and have the full right and power to enter into and perform these Terms; (b) your Customer Data and use of the Services will not violate any applicable law or regulation or infringe any rights of any third party; and (c) you have all necessary rights to use the Customer Data and allow us to process it as permitted under these Terms.

6.2 AI Content Disclaimers: Customer acknowledges that our AI Services may generate inaccurate, incomplete, or inappropriate workflows or content. Customer agrees to review and validate all Generated Content before implementing it in business-critical processes. Company makes no guarantees about the accuracy, completeness, or suitability of AI-generated workflows for Customer's specific business needs.

6.3 Performance Warranty: We warrant that we will not materially reduce the general functionality of the Services during the Subscription Period. If you notify us in writing of a breach of this warranty within forty-five (45) days of discovery, we will have forty-five (45) days from receipt of notice to restore the affected functionality. If we are unable to do so, you may terminate the affected Order Form and receive a prorated refund of any prepaid Fees for the unused remainder of the Subscription Period. This is your sole and exclusive remedy for breach of this warranty.

6.4 DISCLAIMER: EXCEPT FOR WARRANTIES EXPLICITLY SET FORTH IN THESE TERMS, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED "AS IS" AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR RELIABILITY OF AI-GENERATED CONTENT OR WORKFLOWS.

6.5 Customer Data Responsibility. Customer represents and warrants that: (a) Customer has all rights, consents, and authorizations necessary to submit Customer Data to the Services; (b) Customer is solely responsible for determining what data is appropriate to submit and for ensuring such submission complies with all applicable laws and regulations applicable to Customer's business; and (c) Company does not independently inspect, classify, or verify the suitability of the Services for Customer's specific industry or regulatory requirements. If Customer's use involves data subject to specific regulatory regimes, Customer represents that Customer has independently determined the suitability of the Services for such use.

6.6 Mutual Authority. Each party represents and warrants that (a) it has the legal power and authority to enter into and perform this Agreement; (b) it is duly organized, validly existing, and in good standing under the laws of its jurisdiction of formation; and (c) it will comply with all applicable laws and regulations in connection with the performance of this Agreement.

7. Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OR DEATH DUE TO COMPANY'S GROSS NEGLIGENCE, IN NO EVENT SHALL COMPANY AND ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES BE LIABLE FOR ANY LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM AI-GENERATED CONTENT, WORKFLOW FAILURES, OR BUSINESS PROCESS DISRUPTIONS.

8. Indemnification

8.1 Your Indemnification: You shall indemnify, defend, and hold harmless Company from any claim arising from: (a) breach of these Terms; (b) violation of any third-party right; (c) violation of applicable law; (d) your use of Generated Content; (e) gross negligence or willful misconduct; or (f) Customer's failure to comply with laws or regulations applicable to Customer's business, including industry-specific regulations applicable to data Customer submits to the Services.

8.2 Our Indemnification: For paid Services customers, we shall defend any claim that the Services infringe any U.S. copyright or trademark, and will pay damages finally awarded by a court attributable to such claim, subject to the procedures and mitigation rights set forth below.

8.3 Indemnification Procedure. A party seeking indemnification must (a) promptly notify the indemnifying party in writing of the claim; (b) provide reasonable cooperation in the defense at the indemnifying party's expense; and (c) grant the indemnifying party sole control over the defense and settlement of the claim, except that the indemnifying party may not settle any claim that imposes liability on or admits fault by the indemnified party without the indemnified party's prior written consent.

8.4 Mitigation. If a claim subject to Company's indemnification obligation arises, or Company reasonably believes such a claim may arise, Company may at its option and expense (a) procure for Customer the right to continue using the affected portion of the Services; (b) modify or replace the affected portion of the Services so that it becomes non-infringing while substantially preserving its functionality; or (c) terminate the affected Order Form and refund any prepaid Fees for the unused remainder of the Subscription Period. The remedies in this Section 8 are Customer's sole and exclusive remedy and Company's entire liability for any claim of intellectual property infringement.

9. General Terms

9.1 Force Majeure: Neither party is liable for delays due to events beyond its reasonable control, such as natural disasters, civil disturbance, or governmental action. If a force majeure event prevents Company from materially performing the Services for thirty (30) or more consecutive days, either party may terminate the affected Subscription Period upon written notice, and Company will refund any prepaid Fees attributable to the unused remainder of the Subscription Period.

9.2 Assignment: This Agreement is not assignable by Customer without Company's consent. Company may assign this Agreement without consent.

9.3 Governing Law: This Agreement shall be governed by the laws of the State of California without regard to conflict of laws provisions. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in San Francisco, California, and each party irrevocably submits to the personal jurisdiction of such courts.

9.4 Entire Agreement: This Agreement is the complete understanding between the parties and supersedes all prior agreements. Modifications must be in writing signed by both parties.

9.5 Severability: If any provision is found unenforceable, it will be limited to the minimum extent necessary so the remainder remains enforceable.

9.6 Marketing Rights: Customer grants Company the right to use Customer's name and logo in Company marketing materials and customer lists. Customer may opt out by contacting Company.

9.7 Modifications: Company reserves the right to modify these Terms by posting a revised version with thirty (30) days' notice. Continued use constitutes acceptance.

9.8 Equitable Relief: Each party acknowledges that a breach of Section 3 (Confidentiality; Proprietary Rights) or a violation of the other party's intellectual property rights may cause irreparable harm for which monetary damages would be an inadequate remedy. Notwithstanding Section 9.3 (Governing Law), the non-breaching party may seek equitable relief, including injunctive relief and specific performance, in any court of competent jurisdiction without the requirement of posting a bond.

9.9 Anti-Bribery: Neither party will take any action that would constitute a violation of the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act, or any other applicable anti-bribery or anti-corruption law, including offering, giving, or receiving anything of value to influence any government official or commercial counterparty in connection with this Agreement.

9.10 No Third-Party Beneficiaries: This Agreement is solely for the benefit of Company and Customer. There are no third-party beneficiaries.

Contact Information

If you have any questions about these Terms, please contact us at:

Last updated: 05/14/2026