Terms of Service
Effective Date: August 28, 2025
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, transferable, sublicensable right to use, copy, store, transmit, modify and display the Customer Data solely to the extent necessary to provide the Services to Customer.
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.
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 Notwithstanding anything to the contrary, Customer understands and agrees that Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Software and the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom). Company will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Software and the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form such that it is not capable of identifying Customer or any end user of Customer in connection with its business. Important: Company does not use Customer Data to train general AI models that benefit other customers. Customer's specific workflow patterns and business logic remain isolated to Customer's organization.
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 to protect Customer Data.
4. Payment of Fees
4.1 Customer will pay Company the applicable fees described in the Order Form for the Services in accordance with the terms therein (collectively, the "Fees"). If Customer's use of the Services exceeds the Service capacity set forth on the Order Form or otherwise requires the payment of additional fees, Customer shall be billed for such usage and Customer agrees to pay the additional fees in the manner provided herein. 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 shall not go into effect until the 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.
5. Term and Termination
5.1 Subject to earlier termination as provided herein, this Agreement is for the initial period specified in the Order Form or, if no Order Form exists, for a period of one (1) year from the date of account creation ("Initial Service Term").
5.2 After the Initial Service Term, these Terms shall automatically renew for additional one (1) year periods ("Renewal Term(s)") unless either party provides written notice at least thirty (30) days prior to the end of any Initial Service Term or Renewal Term of its intent not to renew these Terms.
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.
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 the Services will perform in material conformance with our Documentation. If you notify us in writing of a breach of this warranty, we will use reasonable efforts to correct the issue, which will be your sole 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.
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; or (e) gross negligence or willful misconduct.
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 standard indemnification procedures.
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.
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 Delaware without regard to conflict of laws provisions.
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.
Contact Information
If you have any questions about these Terms, please contact us at:
- Email: legal@usemalleable.com
- Address: 2261 Market Street STE 85187, San Francisco CA 94114