TERMS OF USE

Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("you" or "User") and SwitchCase ("we," "us," or "our") governing your access to and use of the SwitchCase website at https://switchcase.ai, our VS Code extension, and all related services (collectively, the "Services").

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

We may update these Terms from time to time. The updated version will be indicated by the "Last updated" date. Your continued use of the Services after any changes constitutes acceptance of the updated Terms. We recommend reviewing these Terms periodically.

Table of Contents

1. Our Services

SwitchCase is an AI-powered coding assistant delivered as a VS Code extension. Our Services use artificial intelligence to help software engineers with code generation, analysis, debugging, and related tasks.

The Services are intended for use by professional software developers and individuals learning to code. The Services are not intended for use in safety-critical applications, medical devices, or other high-risk environments where AI errors could cause harm.

2. User Accounts

To access certain features, you must create an account. When you create an account, you agree to:

• Provide accurate and complete information
• Maintain and promptly update your account information
• Keep your account credentials secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

We authenticate users via email and one-time password (OTP). You are responsible for maintaining the security of your email account.

You must be at least 18 years old to create an account. By creating an account, you represent that you are at least 18 years of age.

3. Free Trial

We offer a 14-day free trial for new users. During the trial period, you have access to all features of the paid subscription.

Credit Card Required: To start your free trial, you must provide valid payment information. Your card will not be charged during the trial period.

Automatic Conversion: At the end of your 14-day trial, your subscription will automatically convert to a paid subscription and your payment method will be charged unless you cancel before the trial ends.

Cancellation: You may cancel your trial at any time before it ends through your account settings or by contacting Paddle support. If you cancel during the trial, you will retain access until the trial period expires, and you will not be charged.

One Trial Per User: The free trial is limited to one per user. We reserve the right to revoke trial access if we detect abuse or duplicate accounts.

4. Payments and Subscriptions

Merchant of Record: All payments are processed by Paddle.com Market Limited ("Paddle"), which acts as our Merchant of Record. Paddle is responsible for payment processing, sales tax, VAT collection, invoicing, and handling payment disputes. When you make a purchase, you are transacting with Paddle, and their terms apply to your payment.

Paddle's Terms: By making a purchase, you agree to Paddle's Terms of Service and Privacy Policy.

Subscription Terms: Subscriptions automatically renew at the end of each billing period unless cancelled. You may cancel your subscription at any time through your account settings or by contacting Paddle support. Upon cancellation, you will retain access to the Services until the end of your current billing period.

Refunds: Refund requests are handled by Paddle in accordance with their refund policy and applicable consumer protection laws. Please contact Paddle support for refund inquiries.

Price Changes: We reserve the right to change prices. For existing subscriptions, price changes will take effect at the next renewal period, and you will be notified in advance.

5. AI Features and Limitations

AI Output Disclaimer

AI-GENERATED CONTENT MAY CONTAIN ERRORS, INACCURACIES, OR INAPPROPRIATE SUGGESTIONS. You acknowledge and agree that:

• AI outputs are generated automatically and may be incorrect, incomplete, or misleading
• You must independently review, test, and validate all AI-generated code before use
• AI outputs should not be used as a substitute for professional judgment
• We do not guarantee the accuracy, reliability, or suitability of AI outputs for any purpose
• You are solely responsible for any code you implement, regardless of whether it was AI-generated

Ownership of AI-Generated Code

You own all AI-generated code outputs. Any code generated by our AI features in response to your prompts belongs to you. We do not claim any ownership rights over AI-generated outputs. You are free to use, modify, distribute, and commercialize any code generated through our Services.

AI Acceptable Use

When using our AI features, you agree NOT to:

• Generate code intended to harm, exploit, or attack computer systems or networks
• Generate malware, viruses, ransomware, or other malicious software
• Generate code that violates any applicable laws or regulations
• Generate code that infringes intellectual property rights of others
• Attempt to extract training data or reverse-engineer our AI models
• Use AI outputs to create competing AI products or services
• Submit sensitive personal data, credentials, or confidential information to AI features
• Generate illegal, harmful, abusive, or discriminatory content
• Circumvent usage limits or abuse the AI services

AI Service Providers

Our AI features are powered by third-party providers including Anthropic (Claude), OpenAI (GPT), and Tavily (web search). By using our AI features, you also agree to comply with the acceptable use policies of these providers:

• Anthropic Acceptable Use Policy
• OpenAI Usage Policies

6. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree to:

• Comply with all applicable laws and regulations
• Respect the intellectual property rights of others
• Use the Services in a manner consistent with their intended purpose
• Maintain the security and integrity of the Services

7. Prohibited Activities

You agree NOT to:

• Use the Services for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to any part of the Services
• Interfere with or disrupt the Services or servers/networks connected to them
• Circumvent, disable, or interfere with security features
• Use automated means (bots, scrapers) to access the Services without permission
• Reverse engineer, decompile, or disassemble the Services
• Copy, modify, or create derivative works of the Services
• Sell, resell, license, or commercially exploit the Services without authorization
• Impersonate any person or entity
• Harass, abuse, or harm other users
• Submit false or misleading information
• Upload malicious code or content
• Violate the privacy or rights of others

8. Intellectual Property

Our Intellectual Property

The Services, including all content, features, functionality, software, designs, and trademarks, are owned by SwitchCase or our licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our express written permission.

Your Code and Content

You retain full ownership of your code and content. We do not claim ownership of any code you write, submit, or generate using our Services. Any code you create—including AI-generated code—remains yours.

License to Use Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.

9. User Content

"User Content" means any code, prompts, text, or other materials you submit to the Services.

License Grant: By submitting User Content, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, process, and transmit your User Content solely to provide the Services to you (e.g., sending your code to AI providers for analysis). This license terminates when you delete your content or account.

Your Responsibilities: You represent that you have all rights necessary to submit your User Content and that it does not violate any third-party rights or applicable laws.

10. Feedback

If you provide us with feedback, suggestions, or ideas about the Services ("Feedback"), you grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and incorporate such Feedback into our Services without compensation or attribution to you.

You retain any intellectual property rights you have in your Feedback, but you acknowledge that we may independently develop similar ideas or features.

11. Third-Party Services

The Services integrate with third-party services including AI providers, payment processors, and analytics tools. Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the practices of third-party services.

12. Service Availability

No Uptime Guarantee

THE SERVICES ARE PROVIDED ON AN "AS AVAILABLE" BASIS. We do not guarantee any specific uptime, availability, or performance level. The Services may be interrupted for maintenance, updates, or due to factors beyond our control.

Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will make reasonable efforts to notify you of material changes.

Logging and Monitoring

We may log usage data, errors, and performance metrics to operate, maintain, and improve the Services. This logging is part of normal service operation and is covered in our Privacy Policy.

13. Termination

By You: You may terminate your account at any time by contacting us or through your account settings. Upon termination, your right to use the Services will immediately cease.

By Us: We may suspend or terminate your account at any time, with or without cause or notice, if we believe you have violated these Terms or for any other reason at our sole discretion.

Effect of Termination: Upon termination, all licenses granted to you will terminate. Provisions that by their nature should survive termination will survive, including intellectual property provisions, disclaimers, limitations of liability, and dispute resolution provisions.

14. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

• The Services will meet your requirements
• The Services will be uninterrupted, timely, secure, or error-free
• AI outputs will be accurate, reliable, or suitable for any purpose
• Any errors or defects will be corrected
• The Services are free of viruses or harmful components

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SWITCHCASE, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or data
• Business interruption
• Cost of substitute services
• Any damages arising from AI-generated content
• Any damages arising from your use of or inability to use the Services

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS GREATER.

These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.

16. Indemnification

You agree to indemnify, defend, and hold harmless SwitchCase and its affiliates, officers, directors, employees, and agents 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 Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content
• Code you implement or deploy, including AI-generated code

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

18. Dispute Resolution and Arbitration

Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at legal@switchcase.ai to attempt to resolve any dispute informally. We will attempt to resolve disputes within 30 days.

Binding Arbitration

IF WE CANNOT RESOLVE A DISPUTE INFORMALLY, YOU AND SWITCHCASE AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED BY BINDING ARBITRATION, rather than in court, except that either party may bring claims in small claims court if they qualify.

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in English. The arbitrator's decision will be final and binding.

Arbitration Fees: If you initiate arbitration, you will be responsible for paying the AAA filing fee (currently $200 for claims under $10,000). If the arbitrator finds that your claim is not frivolous, we will reimburse you for the filing fee.

Class Action Waiver

YOU AND SWITCHCASE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

Opt-Out

You may opt out of this arbitration agreement by sending written notice to legal@switchcase.ai within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration.

19. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and SwitchCase regarding the Services.

Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet/telecommunications failures.

No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

Electronic Communications

You consent to receive communications from us electronically. We may communicate with you via email or by posting notices on the Services. You agree that all agreements, notices, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

20. Contact Us

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