Terms of Service

This web site and any mobile application (collectively the “Site”) is owned and operated by Coconut AI, Inc. (referred to as “Coconut AI” herein). The Site and its content (“Content”) and the Coconut AI service (“Service”) may only be accessed in accordance with this Agreement. Any violation of the copyright in the Content or these terms and conditions may be enforced by Coconut AI or the copyright owner to the fullest extent allowed by law.

You acknowledge and agree that Coconut AI may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Coconut AI’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Coconut AI when you stop using the Services. You acknowledge and agree that if Coconut AI disables access to your account, you may be prevented from accessing the Services, your account details or any files or other materials which is contained in your account.

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Coconut AI, unless you have been specifically allowed to do so in a separate agreement with Coconut AI. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with Coconut AI, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose. You agree that you are solely responsible for (and that Coconut AI has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which Coconut AI may suffer) of any such breach.

By connecting integrations or uploading data, content, or materials to the Service, you represent and warrant that: (i) you have all necessary rights, authorizations, and consents to upload such data and to connect such integrations (including, without limitation, any third-party platforms such as email, messaging, or collaboration services) to the Service; (ii) such actions do not violate any agreement, policy, or obligation by which you are bound, including, without limitation, any confidentiality or nondisclosure obligations, employer acceptable-use or bring-your-own-device policies, or licensing restrictions; and (iii) you are not transmitting to Coconut AI any data that you are prohibited from sharing by law or by agreement with any third party.

Coconut AI does not charge for access using its mobile application; however, your carrier rates will apply, such as fees for text messaging and data charges. You hereby acknowledge, agree, and provide consent in order for users to sync any device with your information.

You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos, or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from whom such materials originated, which may be you.

Coconut AI reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the Content or other materials accessed through the Service. The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof. Any use of Content, or descriptions; any derivative use of this Site or its materials; and any use of data mining, robots, or similar data gathering, and extraction tools to access or extract Content from the Site is strictly prohibited. In no event shall the user frame any portion of the Site, or any materials contained therein.

While Coconut AI uses reasonable efforts to include accurate and up-to-date information on the Site, Coconut AI makes no warranties or representations as to its accuracy. Coconut AI assumes no liability or responsibility for any errors or representations in the Content or this Site.

The Site may contain links to other sites on the Internet which are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that Coconut AI is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.

You and other users of the Site may post comments, reviews, and other materials and submit suggestions, ideas, or other information. You are solely responsible for your conduct and any content that you submit, post, and display on the Site. You may not post materials or content that contains any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically, or otherwise objectionable, or which infringes upon the rights of any third party. You acknowledge that by accessing the Site, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that Coconut AI shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material. You agree to not impersonate any person or communicate under a false name or a name the user is not entitled or authorized to use. Coconut AI has the right (but not the obligation) to remove, prohibit, edit, or discontinue any content on the Site, including content that has been posted by users.

If you post content or submit material to the Service, you hereby grant Coconut AI and its affiliates a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, process, and display such content solely to the extent necessary to provide and operate the Service for your benefit. No ownership or other rights in your content or materials are transferred to Coconut AI by virtue of this license. For the avoidance of doubt, data, documents, messages, or other materials accessed through third-party integrations you connect to the Service (such as email, messaging, or collaboration platforms) are subject only to this limited license and are not assigned to Coconut AI. You represent and warrant that all content and materials you provide: (i) shall not infringe the intellectual property rights of any third party or violate any applicable law or regulation; and (ii) shall comply with all content restrictions set forth in this Agreement. Furthermore, you represent and warrant that your use of the Service in connection with any Content or third-party content complies with all laws including, but not limited to, United States copyright law. You will defend, indemnify, and hold Coconut AI and its affiliates harmless from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) any content or materials you provide to the Service; (ii) any data you upload or transmit through the Service; (iii) any integrations you connect to the Service; or (iv) your violation of the representations and warranties set forth in this Agreement or in the user authority representations contained herein.

At your discretion, you may provide feedback to Coconut AI concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to Coconut AI. In the event ownership in the Feedback cannot be granted to Coconut AI, you grant Coconut AI at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that Coconut AI may disclose that Feedback to any third party in any manner and you agree that Coconut AI has the ability to sublicense all Feedback in any form to any third party without restriction.

The Site may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail. Coconut AI may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.

You shall not transmit to Coconut AI or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.

You may not use your username and password for any unauthorized purpose.

Coconut AI may retain and use, information collected in your use of the Service, provided such information does not individually identify you. Coconut AI may collect, use, and share your personal information in accordance with its Privacy Policy.

Coconut AI does not knowingly collect any information from anyone who we know to be under the age of 13. If you are under the age of 18, you should use this website only with the involvement of a parent or guardian and should not submit any personal information to Coconut AI. If Coconut AI discovers that a person under the age of 13 has provided Coconut AI with any personal information, Coconut AI will use commercially reasonable efforts to delete such person's personal information from all Coconut AI systems.

Coconut AI may terminate your access to our Site or the Service for any reason at any time. The provisions that by their nature are designed to survive termination or expiration of this Agreement shall survive termination or expiration of this Agreement or your access to our Site or Service.

By using this Site, you signify your assent to these terms of use and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. If you do not agree to these terms of use, please do not use the Site.

The materials on this Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Coconut AI’s proprietary rights in them.

THE MATERIALS, CONTENT ON THIS SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. COCONUT AI SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SITE OR SERVICES. COCONUT AI MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SERVICE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, COCONUT AI DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. COCONUT AI IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.

THE SERVICE IS CURRENTLY OFFERED AS A PRE-RELEASE, BETA, OR EVALUATION VERSION ("BETA SERVICE") AND IS PROVIDED FOR TESTING AND EVALUATION PURPOSES ONLY. THE SERVICE MAY CONTAIN BUGS, ERRORS, AND OTHER DEFECTS. COCONUT AI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE PERFORMANCE, RELIABILITY, OR CONTINUED AVAILABILITY OF THE SERVICE. NO SERVICE LEVEL AGREEMENT, UPTIME COMMITMENT, OR SUPPORT OBLIGATION IS PROVIDED IN CONNECTION WITH THE BETA SERVICE. YOUR USE OF THE BETA SERVICE IS ENTIRELY AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, YOU AGREE NOT TO UPLOAD, TRANSMIT, OR CONNECT TO THE SERVICE ANY DATA THAT: (i) CONSTITUTES “PROTECTED HEALTH INFORMATION” AS DEFINED UNDER HIPAA OR ANY SIMILAR HEALTH INFORMATION PRIVACY LAW; (ii) CONSTITUTES CARDHOLDER DATA OR SENSITIVE AUTHENTICATION DATA AS DEFINED UNDER THE PCI DSS; (iii) IS CLASSIFIED INFORMATION SUBJECT TO GOVERNMENT SECURITY REQUIREMENTS; (iv) IS CONTROLLED UNDER ITAR, EAR OR OTHER EXPORT CONTROL REGULATIONS; OR (v) IS OTHERWISE REGULATED DATA WHOSE UNAUTHORIZED DISCLOSURE WOULD REQUIRE A LEGAL NOTIFICATION OBLIGATION OR MATERIAL LIABILITY. COCONUT AI HAS NOT IMPLEMENTED THE CONTROLS REQUIRED TO PROCESS SUCH REGULATED DATA AND EXPRESSLY DISCLAIMS ANY LIABILITY ARISING FROM YOUR UPLOAD OR TRANSMISSION OF SUCH DATA.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COCONUT AI OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE SERVICE, EVEN IF COCONUT AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. COCONUT AI’S AND ITS LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $100, EVEN IF COCONUT AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF MATERIALS FROM THIS SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

You shall not assign or transfer this Agreement without the prior written consent of Coconut AI. Any attempt to assign or transfer this Agreement by you shall be void.

The laws of the State of Texas, excluding its conflicts of law rules, govern this Agreement and your use of the Site. Notwithstanding the foregoing, the Arbitration Agreement set forth below shall be governed by the Federal Arbitration Act.

Coconut AI shall not be liable to you for any delay or failure of Coconut AI to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of Coconut AI. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any requirements hereunder.

This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms.

Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law.

The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.

Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement.

The section headings used herein are for convenience only and shall not be given any legal import.

Coconut AI respects the intellectual property rights of others and expects users of the Service to do the same. If you believe in good faith that materials available on or through the Service infringe your copyright, you may send a written notice of claimed infringement to Coconut AI’s designated copyright agent at: legal@coconut.dev (“Copyright Agent”). To be valid, your notice must include: (i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work you claim has been infringed; (iii) a description of where the material you claim is infringing is located on the Service; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Coconut AI will respond to valid notices by removing or disabling access to the allegedly infringing material. If your content is removed in response to a notice of claimed infringement and you believe the removal was made in error, you may submit a counter-notification to the Copyright Agent. To be valid, your counter-notification must include: (i) your physical or electronic signature; (ii) identification of the material that has been removed and the location at which the material appeared before it was removed; (iii) a statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification; and (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, and that you will accept service of process from the person who provided the original notification of infringement. Coconut AI reserves the right to terminate the accounts of users who are repeat infringers.

Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the applicable AAA Arbitration Rules. The place of arbitration shall be Austin, Texas. The language to be used in the arbitral proceedings shall be English. The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. By using the Site in any manner, you agree to this arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Coconut AI. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent covenant. You may opt-out of this Section by providing written notice of your decision within thirty (30) days of the date that you first use the Site.

All claims arising out of or relating to this Agreement, to the Services, or to your relationship with Coconut AI that, for whatever reason, are not submitted to arbitration will be litigated exclusively in the federal or state courts of Travis County, Austin, Texas, U.S.A. You and Coconut AI consent to the exercise of personal jurisdiction of such courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.

This Agreement shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto.