Terms of Service

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Last Updated: July 21, 2025

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1. ACCEPTANCE OF TERMS

1.1 Agreement Formation. By accessing or using Shape's platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service. Shape Platforms, Inc. ("Shape," "we," "us," or "our") provides an experimental AI-powered visual platform that enables users to edit products, validate changes, and generate code.

1.2 Experimental Technology Notice. Shape is an experimental technology that uses artificial intelligence and machine learning. AI systems are probabilistic by nature and may produce unexpected, incorrect, or harmful outputs. You use Shape at your own risk and must validate all outputs before implementation.

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2. DESCRIPTION OF SERVICE

2.1 Platform Capabilities. Shape is an experimental, beta-stage, AI visual platform that allows users to visually edit web products and applications, validate changes, generate code based on existing codebases, collaborate on product changes with team members, and access AI-powered features including Autoshape and natural language commands.

2.2 Experimental Technology Disclaimer. Shape uses experimental AI models that are under continuous development. Features may change, be discontinued, or produce unexpected results. The Service is provided "as-is" without warranties of accuracy, reliability, or fitness for any particular purpose.

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3. USER ACCOUNTS AND ELIGIBILITY

3.1 Age Requirements. You must be at least the age of majority in your jurisdiction (e.g., 18 years old in the United States) or 18 years old, whichever is higher, to use the Service.

3.2 Representations and Warranties. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old or the age of majority in your jurisdiction, whichever is higher, (b) you have not previously been suspended or removed from the Service, and (c) your registration and use of the Service is in compliance with all applicable laws in your region. You must provide accurate, complete information when creating an account. You are responsible for maintaining the security of your account credentials.

3.3 Account Security. You are responsible for all activities that occur under your account. Notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that violate these Terms.

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4. PAYMENT TERMS AND SUBSCRIPTION SERVICES

4.1 Subscription Model. Shape operates on a subscription model. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as required by law. The pricing and payment terms in this Section 4 are subject to any pricing and payment terms set forth in an Order Form.

4.2 Pricing Modifications. Shape reserves the right to determine pricing for the Service. Shape will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing information. Shape may change the fees for any feature of the Service, including additional fees or charges, if Shape gives you advance notice of changes before they apply through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on Shape net income. Shape, at its sole discretion, may make promotional offers with different features and different pricing to any of Shape customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

4.3 Payment Processing. To facilitate payment for the Service via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates ("Stripe"), a third-party payment processor. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available https://stripe.com/legal and Stripe's Global Privacy Policy available at: https://stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to these Terms, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe for more information. Shape assumes no liability or responsibility for any payments you make through the Service.

4.4 Subscription Service Terms. The Service may include certain subscription-based plans with automatically recurring payments for periodic charges ("Subscription Service"). The "Subscription Billing Date" is the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the "Initial Subscription Period"), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a "Subscription Period") unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize Shape or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. Information on the recurring fee charged by Shape for access to the Subscription Service during each Subscription Period ("Subscription Fee"), is available on our Pricing page, or otherwise described in the Service. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service at least 24 hours before it renews in order to avoid billing of the next periodic Subscription Fee to your account. Shape or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Service by using the cancellation functionality made available in your billing menu or by contacting us at support@autoshape.ai. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.

4.5 Add-On and Usage-Based Features. You may purchase additional products, services or features that are not individually essential for the functioning of the Service, but that Shape makes available to its users for enhanced capabilities on a supplemental basis, including usage-based pricing features that are described in the Service ("Add-Ons"). Add-Ons are deemed part of the Service and governed by these Terms. AI features have reasonable usage limits to maintain service quality. You'll receive notifications as you approach your limits. Additional capacity can be purchased when limits are exceeded. Excessive usage that impacts service quality may result in account suspension.

4.6 Additional Payment Terms. Chargebacks: Disputing charges may result in immediate account suspension. Taxes: You are responsible for all applicable taxes. Delinquent Accounts: Shape may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then Shape reserves the right to delete your account and any information associated with your account without any liability to you.

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5. ACCEPTABLE USE POLICY

5.1 Prohibited Activities. You agree NOT to use the Service for any unlawful purpose or illegal activity, attempt to gain unauthorized access to other users' accounts or data, upload malicious code, viruses, or harmful content, reverse engineer, decompile, or attempt to extract source code from our AI models or proprietary algorithms, use the Service to compete directly with Shape or create competing AI models, share account credentials with unauthorized users, violate any third-party rights, including intellectual property rights, use the Service to generate content that infringes on others' intellectual property, attempt to manipulate or circumvent usage limits or security measures, conduct systematic analysis, benchmarking, or testing of Shape's AI models for competitive purposes, use automated tools to scrape, harvest, or systematically access the Service, attempt to reverse engineer AI model outputs to extract training data or model parameters.

5.2 High-Risk Application Restrictions. You also agree not to use the Service for high-risk applications including but not limited to healthcare diagnosis, treatment, or medical advice, financial trading, investment, or tax advice, legal advice or document preparation, safety-critical systems (transportation, nuclear, medical devices), real-time decision making affecting human safety, military, surveillance, or law enforcement applications, or cryptocurrency trading or blockchain advice.

5.3 Brand and Content Restrictions. Additionally, you may not misuse Shape's brand, trademarks, or intellectual property, claim endorsement, certification, or affiliation with Shape without written permission, use outputs for commercial purposes that violate intellectual property rights, submit biometric data, facial recognition data, or sensitive personal identifiers, or use the Service to create content directed at or accessible by minors under 13.

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6. INTELLECTUAL PROPERTY AND BRAND PROTECTION

6.1 Service Ownership. Shape shall own and retain all right, title and interest in and to the Service, all improvements, enhancements or modifications thereto, and all intellectual property rights associated with the foregoing. There are no implied licenses in these Terms and Shape reserves all rights to the Service not granted in these Terms.

6.2 Feedback Rights. We appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service ("Feedback"), then you grant Shape the right to exploit the Feedback without restriction or compensation to you.

6.3 Your Content Rights. You retain ownership of all code, designs, and content you create or upload. You grant Shape a limited, non-exclusive, revocable license to process your content solely to provide the Service. You represent that you have the right to use and modify all content you upload.

6.4 AI Training Exclusion. Unless you explicitly opt-in, your content will NOT be used to train or improve our AI models.

6.5 Usage Data. Shape may: (i) collect, analyze, and otherwise process Usage Data internally for its business purposes, including for security and analytics, to enhance the Service, and for other development and corrective purposes, and (ii) disclose Usage Data to third parties only in an aggregated and/or de-identified form and in a manner that does not identify you. "Usage Data" means technical logs, data, and learnings about Customer's use of and interactions with the Service, but excludes Content.

6.6 Shape's IP and Brand Protection. Shape retains all rights to the platform, AI models, algorithms, and proprietary technology. The "Shape" name, logo, trademarks, and service marks are our exclusive property. You may not use our intellectual property without written permission.

6.7 Reverse Engineering Prohibition. You may not reverse engineer, decompile, or attempt to extract training data from our AI models.

6.8 Brand Usage Restrictions. You may NOT use "Shape" in your company name, product name, or domain name, claim to be "powered by Shape" without written licensing agreement, use Shape logos, trademarks, or branding in marketing materials, imply endorsement, partnership, or certification by Shape, create derivative works based on Shape's branding, or register trademarks or domains confusingly similar to "Shape".

6.9 Generated Code and AI Output. Code and designs generated by Shape belong to you. Shape disclaims all warranties regarding AI-generated content.

6.10 No AI Indemnification. Shape does NOT provide indemnification for AI-generated content or code, third-party IP infringement claims related to AI output, your use of AI-generated content, training data used in AI models, or any claims arising from AI system outputs or recommendations.

6.11 Third-Party AI Training Data. Shape's AI models may be trained on publicly available data. We cannot guarantee that all training data was properly licensed. Users are solely responsible for ensuring their use of AI output complies with applicable IP laws. User Responsibility: You must independently verify that AI-generated content does not infringe third-party rights.

6.12 Commercial Use Restrictions. You may NOT use AI-generated outputs for resale as standalone AI-generated content without substantial human modification, creating competing AI training datasets, mass-producing content for commercial distribution, NFT creation or blockchain applications without legal review, or subscription services built primarily on Shape outputs.

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7. PRIVACY AND DATA SECURITY

7.1 Privacy Policy. Your privacy is important to us. Please review our Privacy Policy. All changes you make to your product are private until you choose to share or deploy them. We implement security measures to protect your data, but cannot guarantee absolute security. You are responsible for backing up your important data.

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8. AI FEATURES AND LIMITATIONS

8.1 AI-Powered Services. Shape uses experimental artificial intelligence to provide editing suggestions and generate code. AI features are provided "as-is" and may produce inaccurate, inappropriate, or harmful results. You should review and test all AI-generated content before deployment. AI features have usage limits to ensure service quality for all users.

8.2 AI Disclaimer. AI-generated code and suggestions are experimental tools that should not be considered professional advice or guaranteed to be error-free. Safety Limitations: Our AI safety systems may not catch all harmful, biased, or inappropriate content.

8.3 No Warranty on AI Output. We do not warrant the accuracy, completeness, or reliability of AI-generated content. You are solely responsible for reviewing and validating AI output before use. AI suggestions should not be considered professional software development, design, or business advice. You acknowledge that AI systems may produce unexpected, incorrect, biased, or harmful results. AI systems are probabilistic and may "hallucinate" or generate false information presented as factual.

8.4 Usage Monitoring and Safety. Shape reserves the right to monitor AI usage for policy compliance and safety violations, abuse detection and prevention, service quality improvement, and legal compliance and law enforcement cooperation. Human reviewers may access and analyze your inputs and outputs for safety classification and improvement, quality assurance and debugging, compliance monitoring and enforcement, and research and development purposes. We may temporarily or permanently restrict access for policy violations or suspicious activity, excessive resource usage or abuse, safety concerns or harmful content generation, and legal or regulatory requirements.

8.5 Rate Limiting and Resource Protection. Shape enforces dynamic usage limits based on current system capacity and demand, user behavior and compliance history, service tier and subscription level, and regulatory requirements. We may restrict, throttle, or suspend access without notice for unusual usage patterns or automated access, system overload or capacity management, policy violations or abuse detection, and technical maintenance or security issues.

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9. THIRD-PARTY INTEGRATIONS AND DISCLAIMERS

9.1 Integration Risks. Shape integrates with your existing technology stack and third-party services. Shape is NOT responsible for third-party service availability, security, or functionality, data loss, corruption, or breaches in connected systems, integration failures or compatibility issues, third-party service terms, privacy policies, or business practices, or costs incurred from third-party services or API usage.

9.2 Your Integration Responsibilities. You are solely responsible for securing your systems and data before integration, backing up critical data before using Shape, reviewing and complying with third-party service terms, monitoring for unauthorized access or security breaches, and ensuring compatibility between Shape and your systems.

9.3 Technical Disclaimers. Shape makes no guarantees regarding compatibility with all technology stacks or frameworks, performance in all development environments, data integrity during integration or migration, or uninterrupted service during system updates.

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10. LIMITATION OF LIABILITY AND DAMAGES

10.1 Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW: SHAPE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF AI-GENERATED CONTENT, ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK.

10.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW: SHAPE'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID IN THE 6 MONTHS PRIOR TO THE CLAIM, OR $100, WHICHEVER IS GREATER, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, WE ARE NOT LIABLE FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR COST OF REPLACEMENT SERVICES, WE ARE NOT LIABLE FOR DAMAGES ARISING FROM AI ERRORS, HALLUCINATIONS, BIAS, OR UNEXPECTED OUTPUTS, WE ARE NOT LIABLE FOR THIRD-PARTY ACTIONS OR OMISSIONS, WE ARE NOT LIABLE FOR YOUR RELIANCE ON AI-GENERATED CONTENT.

10.3 Exclusive Remedies. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO DISCONTINUE USE AND CANCEL YOUR ACCOUNT. THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ALL THEORIES OF LIABILITY, INCLUDING CONTRACT, TORT, AND STRICT LIABILITY.

10.4 Allocation of Risk. Each provision that limits liability represents an agreed allocation of risk between the parties. This allocation is reflected in our pricing and is an essential element of our agreement. These provisions are severable and independent and apply even if warranties fail their essential purpose.

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11. DISPUTE RESOLUTION AND ARBITRATION

11.1 Mandatory Binding Arbitration. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. Except for disputes qualifying for small claims court (under $10,000) and requests for injunctive relief to protect intellectual property, all disputes arising out of or relating to these Terms or your use of Shape will be resolved through binding arbitration.

11.2 Arbitration Procedures. Arbitration Rules: American Arbitration Association (AAA) Commercial Arbitration Rules. Location: Wilmington, Delaware or conducted remotely. Arbitrator Selection: Single arbitrator with technology/software experience. Language: English. Governing Law: Delaware law. Discovery Limitations: Discovery limited to documents and information directly relevant to the specific claims in dispute, with no fishing expeditions permitted. Confidentiality: All arbitration proceedings, documents, and outcomes are strictly confidential. Expedited Procedures: Disputes under $100,000 subject to expedited arbitration procedures.

11.3 What This Means. No Jury Trials: You waive your right to a jury trial. No Class Actions: You waive your right to participate in class action lawsuits. Individual Claims Only: All claims must be brought individually. Private Proceedings: Arbitration proceedings are confidential. Limited Appeals: Arbitration decisions are final.

11.4 Class Action Waiver. YOU WAIVE ANY RIGHT TO PURSUE CLAIMS ON A CLASS-WIDE BASIS. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action.

11.5 Opt-Out Procedure. You may opt out of arbitration within 30 days of first accepting these Terms by sending written notice to: Shape Platforms, Inc., Attn: Arbitration Opt-Out, 2261 Market Street STE 85658, San Francisco CA 94114, Email: legal@autoshape.ai. Your opt-out notice must include your name, address, username, and a clear statement that you want to opt out of arbitration.

11.6 Exceptions to Arbitration. The following disputes are NOT subject to arbitration: Small claims court actions (under $10,000), requests for injunctive relief to protect intellectual property, disputes involving Shape's intellectual property rights, and disputes requiring immediate injunctive relief to prevent irreparable harm.

11.7 Preliminary Injunction Standards. For any request for preliminary injunctive relief, the requesting party must demonstrate likelihood of success on the merits, irreparable harm that cannot be compensated by monetary damages, balance of hardships weighs in favor of the injunction, injunction serves the public interest, and posting of adequate bond to cover potential damages to Shape.

11.8 Severability. If any part of this arbitration provision is found unenforceable, the remainder will remain in effect, except that if the class action waiver is found unenforceable, the entire arbitration provision will be void.

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12. CUSTOMER INDEMNIFICATION

12.1 Enterprise Customer Indemnification. Enterprise customers (annual revenue exceeding $1M or Enterprise plan subscribers) agree to indemnify, defend, and hold harmless Shape from any claims, damages, costs, and expenses (including reasonable attorney fees) arising from product deployment involving your deployment, modification, or distribution of products created or modified using Shape, integration activities involving your integration of Shape with third-party systems, APIs, or services, business implementation decisions implemented through Shape's platform, user content including any data, code, designs, or content you upload, input, or process through Shape, third-party claims by your customers, partners, or other third parties related to your use of Shape, compliance violations due to your failure to comply with applicable laws or regulations in your jurisdiction, and unauthorized use of Shape outside the scope of these Terms or your subscription plan.

12.2 Indemnification Limitations. Shape provides NO indemnification for and customers assume full risk regarding AI-generated suggestions, outputs, or code, AI training data, model behavior, or algorithmic decisions, AI hallucinations, errors, or unexpected results, experimental AI technology limitations or failures, and Shape's core platform functionality and availability.

12.3 Indemnification Procedures. Prompt Notice: Shape will promptly notify you of any claim subject to indemnification. Control of Defense: You will have control of the defense and settlement, subject to Shape's approval for settlements affecting Shape. Cooperation: Shape will reasonably cooperate in the defense at your expense. Settlement Approval: You may not settle any claim without Shape's prior written consent.

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13. NOTICE REQUIREMENTS AND STATUTE OF LIMITATIONS

13.1 Pre-Lawsuit Notice Requirement. Before filing any legal action against Shape, you must provide 60 days written notice describing the specific claim and requesting relief, allow Shape opportunity to cure any alleged breach during the notice period, attempt good faith resolution through our customer support process, and send notice to: legal@autoshape.ai and 2261 Market Street STE 85658, San Francisco CA 94114. Failure to provide proper notice will bar your claim.

13.2 Shortened Statute of Limitations. You must bring any claim within ONE (1) YEAR after the claim arises, regardless of when you discover it. This shorter period applies instead of any longer limitation period under applicable law.

13.3 Duty to Mitigate Damages. You have an affirmative duty to mitigate any damages you claim to have suffered. Your failure to mitigate will reduce any award by the amount that could have been avoided through reasonable mitigation efforts.

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14. ATTORNEY FEES AND COSTS

14.1 Prevailing Party Attorney Fees. In any dispute resolution proceeding (arbitration or litigation), the prevailing party will be entitled to recover reasonable attorney fees and costs from the non-prevailing party.

14.2 Fee Shifting for Frivolous Claims. If any claim is determined to be frivolous, unreasonable, or brought in bad faith, the party bringing such claim will pay all attorney fees and costs incurred by Shape in defending against it.

14.3 Setoff Rights. Shape may setoff any amounts you owe us against any damages awarded to you in any proceeding.

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15. ADDITIONAL LEGAL PROTECTIONS

15.1 No Third-Party Beneficiaries. These Terms are solely for the benefit of Shape and you. No third party (including end users of your applications) has any rights under these Terms or may bring claims against Shape.

15.2 No Specific Performance. You waive any right to seek specific performance, injunctive relief, or other equitable remedies against Shape, except for Shape's right to protect its intellectual property.

15.3 Waiver of Punitive Damages. You waive any right to punitive, exemplary, or multiplied damages against Shape.

15.4 Regulatory Compliance Responsibility. You are solely responsible for compliance with all applicable laws, regulations, and industry standards in your use of Shape, including but not limited to healthcare regulations (HIPAA, FDA), financial regulations (PCI-DSS, SOX, banking laws), data protection laws (GDPR, CCPA, state privacy laws), export control and sanctions laws, and industry-specific compliance requirements. Shape makes no representations about compliance and provides no compliance warranties.

15.5 Liquidated Damages for Violations. Competitive Use Violations: $100,000 per violation for any unauthorized competitive use, reverse engineering, or systematic analysis of our AI systems. Brand/Trademark Violations: $50,000 per violation for unauthorized use of Shape trademarks, logos, or branding. Data Scraping/Automated Access: $10,000 per day for any automated scraping, systematic data collection, or API abuse. These amounts represent reasonable estimates of harm that would be difficult to calculate and are not penalties.

15.6 Regulatory Compliance Safe Harbor. Future Regulatory Changes: Shape has no liability for compliance with AI regulations, data protection laws, or other legal requirements that did not exist at the time of these Terms or your specific use of the Service. Regulatory Evolution: As AI technology and regulations evolve, you acknowledge that compliance requirements may change and that Shape cannot guarantee future compliance with unknown requirements.

15.7 Competitive Intelligence Restrictions. Users may NOT use Shape to reverse engineer competitor products for replication purposes, systematically analyze competitor features, pricing, or strategies, create competitive intelligence reports using Shape's platform, benchmark Shape against competitors for competitive advantage documentation, or share competitive information obtained through Shape with unauthorized parties.

15.8 Performance Disclaimers. No Performance Guarantees: Shape makes no representations, warranties, or guarantees regarding AI accuracy, reliability, or performance benchmarks, uptime, availability, or response times, compatibility with specific use cases or industries, achievement of any particular business outcomes, or improvement in productivity or efficiency. Beta/Experimental Nature: You acknowledge that Shape is experimental technology that may not perform as expected and may produce unpredictable results.

15.9 Customer Insurance Requirements. For Enterprise Customers: Customers using Shape for business purposes with over $1M annual revenue must maintain general liability insurance of at least $1M, professional liability insurance of at least $1M, cyber liability insurance of at least $1M, and coverage that includes AI-related activities and outputs. Proof of insurance must be provided upon request.

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16. TERMINATION

16.1 Termination by Shape. We may suspend or terminate your account for violation of these Terms. We may terminate the Service with 7 days notice. We may terminate immediately upon initiation of legal action against Shape. We may terminate immediately for regulatory compliance requirements. Upon termination, your right to use the Service ceases immediately.

16.2 Termination by You. You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. You remain responsible for all charges incurred before cancellation. Termination does not waive any dispute resolution or liability limitation provisions.

16.3 Effect of Termination. You may download your data for 30 days after termination. We may delete your data after the retention period. Certain provisions of these Terms survive termination. No refunds or indemnification provided upon termination. All payment obligations survive termination. Dispute resolution and limitation of liability provisions survive.

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17. CHANGES TO TERMS

17.1 Updates and Notifications. We may update these Terms from time to time. Material changes will be communicated via email with 30 days notice. Continued use after changes constitutes acceptance of new Terms. If you disagree with changes, you must stop using the Service before they take effect.

17.2 Version Control. Previous versions of Terms are available upon request. Changes become effective on the date specified in the update notice. Emergency changes for legal or security reasons may take effect immediately.

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18. GOVERNING LAW AND JURISDICTION

18.1 Governing Law. These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

18.2 Exclusive Jurisdiction. You agree that the state and federal courts located in Delaware have EXCLUSIVE jurisdiction over any disputes not subject to arbitration. You waive any objection to venue or inconvenient forum and consent to service of process by mail.

18.3 Jury Trial Waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO A JURY TRIAL for any disputes not subject to arbitration.

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19. SERVICE AVAILABILITY

19.1 Platform Rollout. Shape launches on macOS first, with other platforms following. Service availability may vary by platform and region. We make no guarantees about service availability, uptime, or performance.

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20. INDUSTRY-SPECIFIC DISCLAIMERS

20.1 Healthcare. NOT FOR MEDICAL USE: Shape is not intended for medical diagnosis, treatment, or healthcare decision-making. Do not use Shape for medical advice or diagnosis, treatment recommendations, healthcare workflow automation, medical device integration, or patient data processing without HIPAA compliance.

20.2 Financial Services. NOT FOR FINANCIAL ADVICE: Shape is not licensed to provide financial services. Do not use Shape for investment recommendations or trading advice, tax preparation or advice, financial planning or analysis, banking or payment processing, cryptocurrency trading strategies, or insurance or risk assessment.

20.3 Legal Services. NOT FOR LEGAL ADVICE: Shape is not a licensed legal service. Do not use Shape for legal document preparation, contract analysis or advice, regulatory compliance guidance, legal research or case analysis, or court filing or litigation support.

20.4 Education and Children. COPPA COMPLIANCE: Shape is not designed for users under 13. Educational institutions must verify user age before access, obtain parental consent where required, review all AI-generated educational content, and ensure compliance with student privacy laws.

20.5 Government and Public Sector. RESTRICTED USE: Government entities must review applicable regulations before use. Shape is not approved for national security applications, law enforcement decision-making, military or defense applications, intelligence gathering or surveillance, or critical infrastructure management.

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21. GEOGRAPHIC AND EXPORT RESTRICTIONS

21.1 Prohibited Jurisdictions. Shape services are NOT available in countries subject to U.S. economic sanctions (Iran, North Korea, Syria, Cuba, etc.), regions with data localization requirements we cannot meet, jurisdictions where AI services are prohibited or restricted, or any jurisdiction where providing Shape services would violate local law.

21.2 Export Control Compliance. Users must comply with all applicable export control laws. Shape technology may not be exported to prohibited entities. Users are responsible for sanctions list screening. Military or dual-use applications require export licenses. Users warrant they are not subject to any trade restrictions.

21.3 International Legal Compliance Limitations. Shape makes NO representations or warranties regarding compliance with non-U.S. laws, including AI Regulations like EU AI Act, China AI regulations, or other emerging AI laws, data protection involving local data sovereignty or localization requirements beyond our current capabilities, industry regulations for country-specific requirements for healthcare, finance, or other regulated industries, content laws including local restrictions on AI-generated content or intellectual property, and labor laws affecting AI's impact on employment or worker rights.

21.4 User Responsibility for International Compliance. Users are solely responsible for determining legal compliance in their jurisdiction before using Shape, obtaining necessary approvals from local regulators if required, complying with local AI governance requirements and restrictions, ensuring data handling meets local sovereignty requirements, monitoring regulatory changes that may affect their use of Shape, and obtaining independent legal counsel for jurisdiction-specific compliance.

21.5 Data Processing Locations. Data processing occurs primarily in the United States. Some data may be processed in other countries for service delivery. Shape cannot guarantee data will remain within specific geographic boundaries. Users requiring strict data localization should not use Shape. Shape may restrict services in jurisdictions with incompatible requirements.

21.6 Regulatory Change Protection. Shape disclaims liability for future AI regulations that did not exist at the time of service provision, changes in international trade or export laws affecting service availability, new data protection requirements that make continued service provision impractical, regulatory interpretations that retroactively affect past use of Shape, and compliance costs arising from regulatory changes in user's jurisdiction.

21.7 Geographic Service Restrictions. Shape reserves the right to immediately suspend service in jurisdictions where continued operation becomes illegal, modify features to comply with local regulations, potentially reducing functionality, require additional compliance measures or cease service in specific regions, and block access from jurisdictions where Shape cannot ensure legal compliance.

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22. CONTENT MODERATION AND SAFETY

22.1 Content Monitoring. Shape reserves the right to monitor all user inputs and AI outputs for policy compliance, use automated systems to detect harmful or inappropriate content, flag suspicious activity for human review, and temporarily or permanently restrict access for policy violations.

22.2 Safety Limitations. Shape's safety systems have limitations and may not detect all harmful, biased, or inappropriate content, can produce false positives or negatives in content classification, are under continuous development and improvement, and may be updated or changed without notice.

22.3 User Reporting. Users must report safety issues or harmful AI outputs, suspected policy violations by other users, security vulnerabilities or technical issues, and copyright infringement or IP violations.

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23. CRISIS MANAGEMENT AND COMMUNICATIONS

23.1 Media and Publicity Restrictions. Users may NOT speak to media about Shape-related incidents without permission, issue press releases mentioning Shape without approval, publish case studies or testimonials without written consent, or use Shape's name in marketing materials without licensing.

23.2 Incident Response. In case of service issues or incidents, Shape will communicate through official channels only, users should not make public statements about ongoing issues, internal escalation procedures must be followed before external disclosure, and legal proceedings require separate communication protocols.

23.3 Reputation Protection. Users agree to refrain from disparaging Shape publicly during dispute resolution, channel complaints through official support channels, respect confidentiality during incident investigation, and cooperate with reasonable requests for information.

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24. DELAWARE AI COMMISSION COMPLIANCE

24.1 Delaware AI Commission. Shape acknowledges the Delaware Artificial Intelligence Commission established under Delaware House Bill 333. While Shape operates as a private entity, we commit to monitoring recommendations from the Delaware AI Commission and implementing appropriate safety measures for AI systems as guidance develops.

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25. EXPORT AND TRADE CONTROLS

25.1 Trade Law Compliance. You must comply with all applicable trade laws, including sanctions and export control laws. The Service may not be used in or for the benefit of, or exported or re-exported to any U.S. embargoed country or territory or any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Service may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.

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26. DMCA AND COPYRIGHT COMPLIANCE

26.1 Safe Harbor Provisions. Shape complies with the Digital Millennium Copyright Act (DMCA). If you believe content on our platform infringes your copyright, contact our designated agent at dmca@autoshape.ai with identification of the copyrighted work, location of the infringing material, your contact information, a statement of good faith belief, a statement under penalty of perjury, and your physical or electronic signature.

26.2 Repeat Infringer Policy. Shape will terminate accounts of users who are repeat copyright infringers.

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27. FORCE MAJEURE

27.1 Force Majeure Events. Shape is not liable for any failure or delay in performance due to events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet failures, or other force majeure events.

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28. ASSIGNMENT AND TRANSFER

28.1 Assignment Restrictions. You may not assign or transfer your rights under these Terms without our written consent. Shape may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

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29. SURVIVAL

29.1 Surviving Provisions. The following sections survive termination of these Terms: Intellectual Property, Limitation of Liability, Dispute Resolution and Arbitration, Customer Indemnification, Notice Requirements and Statute of Limitations, Attorney Fees and Costs, Additional Legal Protections, Governing Law and Jurisdiction, and any payment obligations.

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30. ELECTRONIC COMMUNICATIONS

30.1 Electronic Consent. By using Shape, you consent to receive electronic communications from us. These communications may include notices about your account, updates to these Terms, and other Service-related information. You may opt out of promotional emails by using any unsubscribe or similar functionality or instructions in the promotional email.

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31. CONTACT INFORMATION

31.1 Support Contact. For questions about these Terms, contact us at: Email: support@autoshape.ai Platform: Tag @support within Shape

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32. SUPPORT SERVICES

32.1 No Support Obligation. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

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33. ENTIRE AGREEMENT

33.1 Complete Agreement. These Terms, together with our Privacy Policy and any other legal notices published by Shape, constitute the entire agreement between you and Shape regarding the Service.

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