dizzy terms of service

A. Terms of Service

Summary: When you use Dizzy, you are agreeing to these terms and our Privacy Policy, and promising to safeguard your account. You agree to use the service for non-commercial purposes and are of legal age to accept these terms.

1. Acceptance of Terms

Sharematter, Inc. (“Dizzy”) provides users with a hosted environment and community to code, build, share, and deploy software and web servers through our websites and apps (the “Service”). By using the Service, you are entering into a binding agreement with Dizzy, and you agree to comply with these Terms of Service (“Terms”) and also agree to our Privacy Policy; if you do not agree, you must not use the Service.

2. Account Usage and Security

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account.

3. Personal and non-commercial use

Unless otherwise specified, the Service is for your personal and non-commercial use. If you are planning to use the Service for commercial purposes, please contact Dizzy at help@dizzy.chat.

4. Minimum Age

You must be an adult to use the Service. If you are younger than 13 we will allow you to use the Service if you first provide us with your parent or guardian’s written consent. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to these Terms and responsible for your child’s activity on the Service.

B. Acceptable Use

Summary: Dizzy hosts a wide variety of coding projects from all over the world, and that hosting only works when our users are able to work together and not abuse the Service. Certain conduct and content are prohibited on Dizzy. In addition, we set quotas and limits that you must follow.

1. Prohibited Conduct

While using the Service, you must not engage in any conduct that is abusive or violates applicable laws, regulations, or these Terms. Prohibited conduct includes:

Interfering with, disrupting, or creating an undue burden on the Service, including by sending excessive data or requests to the Service, artificially utilizing excessive container resources, or by copying projects to run or host the same code.
Abusive advertising, spamming, or commercial solicitation.
Phishing or impersonation, whether or not the target is a user of the Service.
Creating accounts with automation or registering accounts in bulk.
Conducting network attacks, whether against the Service or against any other party.
Mining Bitcoin, other cryptocurrencies, or Cycles.
Scraping or otherwise obtaining content, whether for training or extracting data for machine learning models, reverse-engineering any part of the Service, or for any other purpose.
Infringing the privacy of other users, including by harvesting personal information.
Using accounts to evade a ban or penalty from Dizzy.

2. Prohibited Content

You are solely responsible for the content you create, submit, and share on the Service. The following content is prohibited, and you agree not to post such content to the Service:

Defamatory, harassing, abusive, threatening, or bullying content.
Profanity, violent, or graphic content, including hate speech or symbols.
Visual depictions or explicit descriptions of sex and nudity, including sexual advances and solicitation, and offers of sexual services.
Promoting illegal conduct.
Hoaxes, malware, and pyramid schemes.
Infringing the intellectual property rights of others.
Disrupting the experience of other users.

3. Quotas and Limits

Dizzy may establish usage quotas and limits that govern your usage of the platform, including but not limited to computing resources, storage, and data transfer. You agree to follow these quotas and limits as they are defined by Dizzy. For more information, please contact us at help@dizzy.chat.

C. Content on Dizzy

You affirm you own the rights to the content you post to Dizzy. You give us permission to host your content, make your content available to others, and to use it to improve our Service. Other content on Dizzy comes from various sources and is provided for you to use at your own risk and subject to limitations.

1. Your Content and Ownership

When you submit content to the Service, you affirm that you hold all of the rights to the content or have obtained all necessary permissions and rights from the owner to share it on the Service. Except as provided in these terms, you retain any and all of your rights to any content you submit, post, or display on or through the Service, and you are responsible for protecting those rights.

To provide the Service, you grant Dizzy the right to copy, display, distribute, perform, reformat, and modify your content as necessary, and the right to sublicense such rights to any third-party provider for the Service.

2. Public and Shared Apps

Dizzy supports multiple levels of app visibility and collaboration. Each level has different licensing and access implications, as outlined below:

(a) Public Apps (Published to App Stores)
Apps published publicly on app stores or otherwise made generally available to the public are considered Public Apps. Unless you specify otherwise through an approved license declaration within the platform, Public Apps are subject to the MIT License, which permits others to view, copy, modify, and distribute your code, both on and off the platform.

It is your responsibility to ensure that your content is compatible with the MIT License before publishing. If you do not wish for your code to be open under this license, you must use a different visibility level as described below.

(b) Remixable or Forkable Apps
Apps that you intentionally make remixable or forkable within the platform are also subject to the MIT License by default. When another user “forks” your app, they receive an independent copy that they control, and may modify or republish it under their own account. You retain authorship of the original version, but grant broad permission for others to reuse and adapt it.

(c) Private Apps with Shared Links
Private Apps shared through a link are visible only to individuals who have been given access. These Apps are not licensed under the MIT License by default. You may apply your own license terms or share them on a read-only or collaborative basis, depending on the platform’s sharing settings. Recipients of a shared link must comply with any applicable terms you specify.

(d) Fully Private Apps (Unshared)
Apps that remain private and are not shared with others are accessible only to you. They are not subject to any public license. You retain full ownership and control of all associated intellectual property.

Content published in Public or Remixable Apps may be used by Dizzy for improving the Service, including but not limited to developing or training large language models, both during and after the term of this agreement.

3. Private Apps

Content within Private Apps (including those shared via link) is not made publicly available. You may specify your own licensing terms for your private content. However, by using the platform, you grant Dizzy a limited license to display, store, distribute, and modify your content as necessary to operate, maintain, and improve the Service.

Dizzy may access the content of Private Apps for purposes such as troubleshooting, technical maintenance, improving service functionality, and ensuring the safety and security of the platform. Dizzy will not disclose or make private content available to others except as required to provide the Service or comply with applicable law.

4. Third Party Content

Content on the Service originates from various sources and is made accessible for your use on the Service only. You acknowledge that your access and use of this content is at your own risk. You are not authorized to use such content outside of the Service, nor to download third party content from the Service.

5. Dizzy Ownership

Dizzy owns and retains all right, title, and interest in and to the Service and related software, all improvements, enhancements or modifications thereto, and all intellectual property rights associated with the foregoing. Except for the limited access rights expressly granted to you in these Terms, you obtain no rights to the Services or intellectual property rights by implication, estoppel, or otherwise. You must not use the trademarks, trade dress, or other intellectual property of Dizzy without our prior written consent.

6. Data Protection and Privacy

Your privacy is important to us. As explained in our Privacy Policy, which is part of this Terms, we want to inform you that we collect, use, and share your personal information and usage data to provide and improve the Service, communicate with you, and for security purposes. We comply with applicable privacy laws, including GDPR and CCPA, in our handling of personal data. By using the Service, you consent to such processing, and you warrant that all data provided by you is accurate.

7. Copyright Violations

Dizzy respects the intellectual property rights of others and expects users of the platform to do the same. In compliance with the Digital Millennium Copyright Act (DMCA), Dizzy responds promptly to notices of alleged copyright infringement that meet legal requirements.

If you believe that material on the platform infringes your copyright, please send a DMCA notice by email only to our designated agent at help@dizzy.chat with the following information:

Identification of the copyrighted work you claim has been infringed.
Identification of the material you claim is infringing, including sufficient detail to locate it on the platform (e.g., URL or page link).
Your contact information, including your full name, mailing address, telephone number, and email address.
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
Your electronic signature (typed full name is sufficient).

Upon receiving a valid DMCA notice, Dizzy will remove or disable access to the allegedly infringing material and notify the user responsible for the content. Repeat infringers may have their accounts terminated at Dizzy's discretion.

D. Purchases

You are responsible to pay for any purchases, recurring subscription fees, and usage fees that you incur on the Service. We reserve the right to refuse or cancel purchases in cases of error or fraud.

1. Subscription Services

You may acquire subscription services from Dizzy to add additional features to your account. Your subscription will automatically be rebilled at the end of your subscription term at the then-currently applicable rates. Prices are subject to change at the end of a subscription term.

2. Pricing and Usage Fees

For details of current pricing, consult our pricing page, which may be updated from time to time.

You may incur additional usage fees if you exceed the limits associated with your account or current plan. You are responsible for the payment of these fees, and which may be automatically billed to your credit card or payment method associated with your account. Your account may be limited or terminated if not paid.

3. Refunds

We provide for full refunds for subscription on a case-by-case basis and at our own discretion. However, Usage-Based Billing (UBB) charges are non-refundable, as they reflect metered usage that has already occurred. Refunds are only available for the most recent subscription charge and do not apply to partial usage or past billing cycles. To request a refund, contact our support team (help@dizzy.chat) with your account details and invoice number.

4. Purchase of Boxes (App Units)

Dizzy provides the option to acquire App units, a virtual token for accessing features on the Service. Boxes have no cash value and are not refundable or redeemable for cash. For more details, consult our Boxes Terms which are incorporated into these Terms.

E. Notices, Changes, and Termination

Summary: We may make changes to these terms and conditions at any time. If you provide an email address, we may use it to contact you with service announcements. Your account may be terminated at our sole discretion.

1. Modification of Terms and Conditions

Dizzy reserves the right in its sole discretion to modify or replace these terms and conditions at any time by updating these Terms. It is your responsibility to regularly review the terms to ensure that you are aware of any changes or updates. Continued use of the Service after any modifications implies your acceptance of the new terms.

2. Service Announcements

You consent to receiving Service announcements and updates from Dizzy via email or from within the Service. These announcements may include information about new features, changes, pricing updates, or important updates regarding your account. If your email address is not valid, any notices sent to that address will nevertheless be considered to have been sent and received.

3. Account Termination

Upon termination, your right to use the Service will cease immediately. If you wish to delete your account, you may request account deletion through dizzy.chat by selecting “Account Deletion.” Upon account deletion, we will delete your stored data in accordance with applicable law.

Dizzy holds, in its sole discretion, the right to suspend or terminate your account. This may occur for various reasons, including but not limited to violations of these Terms, prohibited conduct, inactivity, or any other actions that Dizzy deems as detrimental to the platform or its users. In such cases, Dizzy will not refund fees that you have already paid.

4. Survival

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

5. Deprecation of Service Features

Dizzy reserves the right to modify, deprecate, or remove features of the Service at any time and for any reason; Dizzy will not refund any fees paid.

F. Limitations and Disclaimers

The Service may contain errors, inaccuracies, or omissions, which we may correct at any time. As you use the Service at your own risk, we do not accept responsibility for loss or damage. You agree to indemnify us for any loss we suffer from your use of the Service.

1. Content Accuracy

The Service may contain errors, inaccuracies, or omissions in the content provided. Code generated or suggested by our AI systems may be erroneous or incomplete. We reserve the right to correct such errors, inaccuracies, or omissions at any time to improve the quality of the platform, but accept no responsibility or liability for the accuracy of content on the Service.

2. Use at Your Own Risk

Your use of Dizzy is entirely at your own risk. Dizzy disclaims any responsibility for any loss or damage that may result from your use of the platform. You acknowledge that you are using Dizzy with the understanding that it comes with inherent risks.

3. Disclaimer of Warranties

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Dizzy its subsidiaries, affiliates, and its licensors do not warrant that (a) the Service will function uninterrupted, be error-free, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; (d) the results of using the Service will meet your requirements; or (e) that the Service and/or any content made available through the Service will be accurate or complete.

Dizzy assumes no liability or responsibility for any errors, mistakes or inaccuracies of content, any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, any unauthorized access to or use of our Service, any interruption or cessation of transmission to or from the Service, any bugs, viruses, malicious software, or the like which may be transmitted to or through our Service by any third party and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of the Service and/or any content posted, emailed, transmitted or otherwise made available via the Service.

Dizzy has no control over, and to the fullest extent permitted by law, assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Dizzy cannot and will not review, censor, endorse, or edit the content of any third-party site, services, or advertisements.

4. Limitation of Liability

To the maximum extent permitted by law, Dizzy will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; (c) any content obtained from the Service; and (d) unauthorized access, use, or alteration of your transmissions or content.

5. Indemnification

You are responsible for any claims against Dizzy regarding your use of the Service. By using the Service, you agree to indemnify and hold Dizzy harmless from any loss or damage incurred by Dizzy as a result of your use of the platform. This includes but is not limited to legal costs and expenses related to any actions, claims, or disputes arising from your use of the Service.

G. General Terms

1. Feedback and Suggestions

Any feedback, comments, ideas, improvements, or suggestions (collectively, “Suggestions”) provided by you to Dizzy with respect to the Service will remain the sole and exclusive property of Dizzy. Dizzy will be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

2. Jurisdiction

These Terms are governed by the laws of the State of California. Any disputes under this agreement will be resolved in a court of general jurisdiction in San Francisco, California. You hereby expressly agree to submit to the exclusive personal jurisdiction of this jurisdiction for the purpose of resolving any dispute relating to this agreement.

3. Entire Agreement

These Terms are the parties’ entire agreement regarding its subject matter and supersede any prior or contemporaneous agreements regarding its subject matter.

4. Severability

If any provision of these Terms are found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the parties will modify or reform the Terms to give as much effect as possible to that provision.

Any provision that cannot be modified or reformed in this way will be deemed deleted and the remaining provisions of these Terms will continue in full force and effect.

5. Assignment of Rights

Dizzy reserves the right to assign its rights to another party at its discretion. However, you may not assign or transfer your rights or obligations under these Terms without prior written consent from Dizzy.

6. Google APIs

Dizzy’s use and transfer of information received from Google APIs to any other app is subject to Dizzy’s Privacy Policy and will adhere to Google's API Services User Data Policy including the Limited Use requirements.

7. Contact

If you have any questions about these Terms, please contact Support at help@dizzy.chat.