Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you and Appsanic (“we”, “us”, or “our”), the product and trading name operated by Encode Digital Software Solutions Pty Ltd (ACN 690 774 719), a company registered in New South Wales, Australia.

By creating an account, accessing, or using any part of the Appsanic service (the “Service”), you agree to these Terms, our Privacy Policy, our Acceptable Use Policy, our Cookie Policy, our Refund & Billing Policy, and any other policy we publish and reference from here. Together these make up the agreement between you and us. If you do not agree, do not use the Service.

We may publish additional terms for specific features, beta programs, or paid plans. Where those terms conflict with these Terms for the feature in question, the feature-specific terms prevail to the extent of the conflict.

In these Terms:

• “Account” means the account you create to access the Service.
• “Agent” means the agentic AI system that plans, writes, and helps you launch an application in response to your instructions.
• “Connector” means a third-party service you choose to connect to a project (for example GitHub, Supabase, Stripe, Expo Application Services, Apple, or Google).
• “Credits” means the units that meter your use of AI-powered features, as described in the section Plans, credits, and fees.
• “Input” means the prompts, instructions, files, brand details, and other material you submit to the Service.
• “Output” means the source code, configuration, designs, text, images, and other artefacts the Agent produces for you through the Service.
• “Sub-processor” means a third party we engage to help us provide the Service, listed on our Sub-processors page.
• “Account” also refers to the container that holds your projects, files, and billing, created automatically when you sign up. Team invitations and collaboration features, when offered, attach to that same account.

You must be at least 16 years old to use the Service. By using the Service you represent that you meet this requirement and that you have the legal capacity to enter into these Terms.

If you are using the Service on behalf of an organisation, you represent that you are authorised to bind that organisation to these Terms, and references to “you” include that organisation. You must not use the Service if doing so is prohibited by the laws that apply to you, including any applicable sanctions or export-control regime.

• You must provide accurate information when you register and keep it up to date.
• You are responsible for protecting your credentials and for all activity that occurs under your Account. We support secure sign-in, session management, and the ability to revoke individual sessions or log out everywhere from Account > Security.
• You must tell us promptly if you suspect unauthorised access to your Account (email contact@appsanic.com).
• You must not share your Account with others, create an Account using another person’s identity, or operate more than one Account to evade limits, suspensions, or credit metering.
• We may suspend or terminate Accounts that violate these Terms or our Acceptable Use Policy, as set out in the section Suspension and termination.

Appsanic is an agentic AI mobile-app builder. You describe the app you want in natural language, and the Agent plans, writes, and helps you launch a real React Native (Expo) application. In broad terms, the Service:

• Accepts text prompts and related Input from you describing an app you want to build or change.
• Uses commercial Claude models provided by Anthropic to plan an implementation and produce source code, configuration, and related artefacts.
• Lets you preview, edit, and iterate on the generated project, manage brand details, and organise work into projects.
• Connects, only at your direction, to Connectors such as GitHub (code export and repositories), Supabase, Stripe, Expo Application Services (cloud iOS and Android builds), Apple (App Store), and Google (Play), so you can store, distribute, build, or launch your app.

We may add, remove, or change features of the Service. Where a change materially reduces the functionality of a paid plan during a period you have already paid for, we will give you reasonable prior notice. You can read more about how the Service works in our documentation.

The Service is offered on the plans described on our pricing page. In summary:

Credits. AI-powered features are metered in Credits. There are two kinds:

• Monthly allowance. Each paid plan includes a credit allowance that resets at the start of each billing period. Unused allowance credits expire at the end of the period and do not roll over.
• Top-up credits. You may purchase additional credits as a one-time purchase. Top-up credits do not expire while your Account remains active and are scoped to your plan family.

Fees and billing cycle. Paid plans are billed in advance at the rates shown on the pricing page at the time you subscribe. Fees are charged in US dollars (USD). Billing is monthly only; annual billing is not currently available and is on our roadmap. Subscriptions renew automatically at the start of each period until cancelled.

Cancellation.You may cancel at any time from Account > Billing. If you cancel at period end, you keep access to your paid plan until the end of the period you have already paid for. If you cancel immediately, your Account reverts to the Free plan and your monthly allowance credits expire.

Failed payments. If a renewal payment fails, your Account enters a grace (dunning) period during which your credits remain usable while we retry the payment and contact you. If payment is not resolved by the end of the grace period, your Account reverts to the Free plan.

Card data.We do not store raw card numbers. Payments are processed by Stripe, which holds card data and carries PCI-DSS compliance. We retain only references such as the card brand, last four digits, and expiry for display and billing-support purposes. Invoices are issued through Stripe and are available from Account > Billing as individual hosted invoice links.

Prices are quoted in US dollars and are the amount charged. We do not currently add tax at checkout, so the price shown on the pricing page is what you pay, and it is set out on the Stripe invoice for each charge. You are responsible for any taxes, duties, or levies imposed on you by your own jurisdiction that we are not required to collect. If we become required to collect tax in your location, any applicable tax will be calculated and shown at checkout before you confirm the purchase, and we will update these terms accordingly.

You own what you put in and what comes out:

• Your Input. You retain all rights to the prompts, instructions, text, files, and other Input you provide.
• Generated Output. As between you and Appsanic, you own the source code, configuration, designs, images, and other artefacts the Agent produces for you through the Service, subject to any third-party rights that apply to underlying open-source components and dependencies incorporated in the Output. You are responsible for complying with the licences of any such components.

You grant us a limited, worldwide, non-exclusive, royalty-free licence to host, copy, process, transmit, and display your Input and Output solely to operate, maintain, support, secure, and improve the operation of the Service for you. This licence is no broader than necessary to provide the Service and ends when the relevant data is deleted from our systems in the ordinary course of business, except for records we are required to retain (see our Privacy Policy).

We do not use your prompts, your project files, or generated code to train or improve any AI model. Inference is processed ephemerally under a commercial API agreement with Anthropic.

The Service uses generative AI models. AI models are probabilistic. The Output they produce can be wrong, incomplete, internally inconsistent, or unsuitable for your specific use case, even when the Agent’s plan looks sensible.

In particular, the Output may:

• Contain errors or bugs - logic mistakes, edge cases the Agent did not anticipate, incorrect assumptions about your data, miscalculations, or runtime failures.
• Contain security vulnerabilities - code that is functional in development but exploitable in production.
• Contain or resemble copyrighted content - AI models are trained on large datasets; their output can inadvertently resemble third-party code or copy. We do not warrant that Output is original or non-infringing.
• Reflect biases or inaccuracies from the training data, including factual hallucinations.
• Be unsuitable for regulated industries(health, finance, legal, children’s services, safety-critical applications, or similar) without specialist review and certification.
• Consume credits at unexpected rates on open-ended or ambiguous prompts; credit usage is your responsibility to monitor.

Before you release or rely on anything the Service produces, you must:

• Review the code, configuration, or content for correctness, security, and fitness for your purpose.
• Test it thoroughly, including for edge cases and failure modes.
• Obtain any domain-specific professional review required for your industry.
• Verify that any third-party dependencies the Output relies on have licence terms compatible with your use.
• Confirm the Output does not infringe anyone else’s rights before you publish it or allow others to use it.

Your reliance on Service Output is entirely at your own risk. We make no warranty that the Output will be accurate, complete, secure, original, non-infringing, fit for your purpose, or suitable for production deployment. Nothing produced by the Service is a substitute for professional advice.

From time to time we may offer features that are labelled beta, preview, early access, or experimental. These features are provided as is and may be incomplete, unstable, or changed or withdrawn at any time without notice. They may carry their own additional terms. To the maximum extent permitted by law, and subject to the section Australian Consumer Law, beta and experimental features are excluded from any service commitment we make for the generally available Service.

If you send us suggestions, ideas, feature requests, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, reproduce, modify, and exploit that feedback for any purpose, without obligation or compensation to you. You are not required to provide feedback, and any feedback you do provide must not include confidential information you are not free to share.

The Service can connect with Connectors that you choose to connect (such as GitHub, Supabase, Stripe, Expo Application Services, Apple App Store, and Google Play). Connectors are activated only at your direction and process data on your behalf under their own terms and privacy policies.

We are not responsible for the availability, behaviour, security, or changes of any Connector you elect to connect. Your relationship with each Connector provider is between you and that provider. You are responsible for complying with their terms and for the credentials and access you grant. We store Connector credentials and OAuth tokens encrypted at rest; the Agent is designed never to see your decrypted Connector secrets.

Your use of the Service must comply with our Acceptable Use Policy. Among other things, you must not use the Service to build or distribute anything that is unlawful, infringing, malicious, or harmful, or in breach of the Criminal Code Act 1995 (Cth), the Online Safety Act 2021 (Cth), or other applicable law. Violations may result in suspension or termination of your Account, and (where the conduct is unlawful) we may refer the matter to the relevant authorities.

You are responsible for how you use the Service and for everything you build with it. Specifically, you agree that you will:

• Review and test every Output of the Service before you deploy, distribute, or rely on it.
• Maintain your own security posture, including strong passwords, secure handling of the API keys and credentials you provide, and appropriate access controls on your own systems.
• Back up any Output or project data you consider important. Although we operate backups of our own systems, these are not a substitute for keeping copies of exported code and project data under your own control. You can export your data at any time (see the section Data, portability, and deletion).
• Comply with all laws applicable to the apps you build, the users you serve, and the data you collect, including privacy, consumer protection, advertising, messaging (such as the Spam Act 2003 (Cth) and equivalents), and export-control laws.
• Obtain any licences or professional reviewsthat your domain requires (for example, for health, financial, legal, or children’s services).
• Keep your Account, email address, and payment method current so we can reach you and so paid services continue without interruption.

To keep the Service stable and fair for everyone, we apply reasonable technical limits, including rate limits on actions such as sign-in, sign-up, password reset, account deletion, and data export, and limits on file sizes and the number of files or assets per project.

You must not:

• Circumvent, disable, or interfere with credit metering, rate limits, usage caps, or other technical controls.
• Access the Service through automated means in a way that imposes an unreasonable load on our infrastructure, except through any interface we expressly provide for that purpose and within its documented limits.
• Resell, sublicense, or provide the Service to third parties as a substitute hosted product, except as expressly permitted by your plan.
• Reverse engineer, decompile, or attempt to derive the source code of the Service itself, except to the extent this restriction is prohibited by law.

We take reasonable steps to protect your data and to keep the Service available (see our Security Policy and Privacy Policy). However:

• No online service is perfectly secure. Sophisticated attacks, zero-day vulnerabilities, or novel exploitation techniques may succeed despite reasonable precautions.
• We rely on third parties. Our Sub-processors (including our database, hosting, payments, email, and AI providers, listed on our Sub-processors page) and any Connector you connect operate their own systems. Incidents or outages affecting them can affect the Service, and we cannot always prevent or immediately remediate them.
• Downtime can happen. We do not offer an uptime-based service level agreement unless your plan explicitly includes one. Much of the Service depends on third-party infrastructure that is outside our direct control.
• Your own systems are your responsibility. If a security incident originates from your systems, compromised credentials on your side, or a Connector you connected, we are not responsible for the resulting losses.

If we experience an eligible data breach, we will follow the Notifiable Data Breaches scheme under Part IIIC of the Privacy Act 1988 (Cth), as described in our Privacy Policy. Where a Sub-processor we use notifies us of a breach affecting your data, we will pass that notification through to you on a timely basis.

Subject to the section Australian Consumer Law, you acknowledge that we are not liable for:

• Security incidents affecting Sub-processors or any third party you have elected to connect to your project.
• Loss or corruption of data resulting from events outside our reasonable control (including Sub-processor outages, infrastructure failures, cyberattacks, or force-majeure events).
• Loss or corruption of data resulting from your own actions, configurations, credential handling, or Connectors.
• Consequential or downstream losses flowing from an incident, including damage to your customers, your reputation, or your business operations.

You can take your data with you and remove it from our systems at any time:

• Export.You can run a self-serve export from your Account that produces a JSON file of your profile, recent authentication events, and your Account’s projects, conversations, agent messages, files, and assets. Export download links are valid for a limited time and the export is rate-limited. The export excludes raw authentication-provider internals and Connector secrets (which are never decrypted on the client).
• Deletion.You can delete your Account from Account > Security > Delete account. Deletion is a two-step process with an email-confirmation window. On confirmation, any Stripe subscriptions are cancelled, stored files are purged, and a hard delete cascades across your profile, your Account container and its projects, conversations, messages, files, assets, Connectors, and billing references. A short re-signup cooldown applies. A permanent forensic deletion log and the financial credit ledger are retained for audit and legal or tax obligations.

How we handle your personal information, our retention periods, and your rights under the Australian Privacy Principles and other applicable laws are described in full in our Privacy Policy.

We do not offer refunds for change of mind, for the unused portion of a billing period, or for credits already consumed. Refunds are handled manually; there is no in-product refund flow.

At our discretion, we may issue a refund or a pro-rata service credit in cases such as a duplicate charge, an extended outage we caused, an unauthorised charge, or our failure to deliver a feature we specifically promised. We will acknowledge a refund request within two (2) business days and aim to resolve it within ten (10) business days; approved refunds are returned to the original payment method.

Your statutory rights under the Australian Consumer Law are not affected and cannot be excluded. To request a refund, email contact@appsanic.com. See our Refund & Billing Policy for the full detail.

Appsanic, our name, our logo, and the look and feel of the Service are our (or our licensors’) property. Except for the limited rights expressly granted to you in these Terms, nothing here gives you any right, title, or interest in our trademarks, trade names, logos, software, or other branding. All rights not expressly granted are reserved.

You may stop using the Service at any time by cancelling your subscription and, if you wish, deleting your Account from Account > Security > Delete account.

We may suspend or terminate your Account, or limit your access to part of the Service, if you materially breach these Terms, fail to pay overdue amounts, or use the Service in a way that exposes us, our Sub-processors, or our users to legal, security, or operational risk. Where the breach is capable of being cured, we will give you a reasonable opportunity to cure it before terminating, except where the breach is serious, repeated, or where prompt action is needed to protect the Service or other users.

On termination, your right to access the Service ends. We will provide a reasonable opportunity to export your data unless prevented by law or by the nature of the breach. Provisions that by their nature should survive termination - including Ownership of content, Feedback, Our intellectual property, Warranties and disclaimers, Limitation of liability, Indemnity, Governing law and disputes, and accrued payment obligations - survive.

If you are a consumer for the purposes of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), our services come with guarantees that cannot be excluded under that law.

Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition implied or imposed by the Australian Consumer Law or any other law where to do so would be unlawful. Where the Australian Consumer Law permits us to limit our liability for breach of a consumer guarantee, we do so as set out in the section Limitation of liability.

Subject to the section Australian Consumer Law, we provide the Service and any Output it produces “as is” and “as available”. To the maximum extent permitted by law, we disclaim all warranties and conditions of any kind, whether express, implied, or statutory, including warranties or conditions of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, title, or non-infringement.

We make no warranty that:

• The Service will be uninterrupted, timely, error-free, or secure against every possible threat.
• Any code, configuration, design, image, or content produced by the Service will be accurate, complete, original, non-infringing, secure, free of defects, compatible with your systems, or fit for your specific purpose.
• Output will not resemble or reproduce third-party material on which the underlying AI models were trained.
• Any defect will be corrected, or that any particular feature will continue to be offered.
• Connectors you connect will remain available, compatible, or free from their own defects.

Subject to the section Australian Consumer Law above, and to the maximum extent permitted by applicable law:

(a) Excluded categories of loss. We will not be liable to you or any third party for any:

• Loss of profits, revenue, anticipated savings, or business opportunity;
• Loss of, corruption of, or inability to access data;
• Loss of goodwill, reputation, or brand value;
• Costs of procuring substitute services or products;
• Damages flowing from a security incident affecting any Sub-processor or third-party service;
• Damages flowing from reliance on AI Output that you did not review, test, or validate as required by these Terms;
• Claims brought against you by your own users, customers, employees, or business partners in connection with anything you built or deployed using the Service;
• Any indirect, consequential, special, incidental, or punitive damages; or
• Losses arising from events of the kind described in the section Force majeure below.

This exclusion applies regardless of the legal theory (contract, tort including negligence, statute, strict liability, or otherwise), and regardless of whether we were advised of the possibility of the loss.

(b) Liability cap. Our total aggregate liability arising under or in connection with these Terms in any rolling twelve-month period is limited to the greater of (i) USD $100 or (ii) the fees actually paid by you to us during that twelve-month period. This cap applies across all claims in aggregate, not per claim.

(c) Australian Consumer Law remedies. Where the Australian Consumer Law applies to our supply of the Service and we are entitled to limit our liability for breach of a consumer guarantee under section 64A of the ACL, we limit that liability (at our option) to one of the following: resupplying the Service; paying the cost of resupplying the Service; or paying the cost of a reasonable replacement service. Nothing in this section limits liability that cannot be limited under the Australian Consumer Law.

You agree to indemnify us, our officers, employees, and contractors against any third-party claims, losses, or costs (including reasonable legal fees) arising from your breach of these Terms, your breach of applicable law, or your use of the Service in a way that infringes someone else’s rights. This indemnity does not apply to the extent the loss was caused by our own wilful misconduct or gross negligence, and it is subject to the section Australian Consumer Law.

Neither party is liable for any failure or delay in performing its obligations under these Terms (other than a party’s payment obligations) to the extent the failure or delay is caused by events beyond that party’s reasonable control, including:

• Acts of God, fire, flood, earthquake, severe weather, or other natural disasters;
• War, terrorism, civil unrest, riot, or government action;
• Cyberattacks, denial-of-service attacks, or malicious activity by third parties, including incidents affecting our Sub-processors;
• Failures of public infrastructure, including power, internet connectivity, DNS, or submarine cable outages;
• Changes in law or regulator action that prevent or materially restrict the Service;
• Pandemic, epidemic, quarantine, or widespread public-health emergencies;
• Third-party service failures, outages, or discontinuations (including payment processors, cloud providers, AI model providers, and any Connector you connect);
• Labour disputes (other than those involving the non-performing party’s own personnel).

The affected party must give prompt notice of the event and use reasonable efforts to resume performance. If a force-majeure event continues for more than thirty (30) days, either party may terminate the affected Service for convenience, with no refund for any period already served.

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of our assets, on reasonable notice to you.

Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be read down or severed to the minimum extent necessary, and the remaining provisions will continue in full force.

Entire agreement. These Terms, together with the policies referenced in the section Acceptance, form the entire agreement between you and us about the Service and supersede any prior agreement or understanding on the same subject.

Waiver. A failure or delay by either party to enforce any provision of these Terms is not a waiver of that provision or of any other right.

No third-party beneficiaries. These Terms do not confer any benefit or right on any person who is not a party to them, except as expressly stated.

Export controls and sanctions. You must comply with all applicable export-control and sanctions laws. You represent that you are not located in, or ordinarily resident in, a country or region subject to comprehensive sanctions, and that you are not a person with whom dealings are prohibited under applicable law.

We may give you notices by email to the address on your Account, or by in-product notice. You must give us notices by email to contact@appsanic.com. A postal address for formal notices is available on request. Notices are taken to be received on the next business day in New South Wales after they are sent, unless the sender receives an indication that delivery failed.

These Terms are governed by the laws of New South Wales, Australia. The courts of New South Wales have exclusive jurisdiction over any dispute arising from or in connection with these Terms, and you and we submit to that jurisdiction.

Before starting court proceedings, each party must first try in good faith to resolve the dispute through direct discussion for at least thirty (30) days after written notice of the dispute is given. This step does not prevent either party from seeking urgent injunctive or equitable relief, or from exercising rights that cannot be deferred under the Australian Consumer Law.

We may update these Terms from time to time. Where a change materially affects your rights or obligations, we will give you advance notice by email or in-product notice. The “last updated” date at the top of this page shows when the current version took effect. If you continue using the Service after the change takes effect, you accept the updated Terms.

For any question about these Terms, or about support, billing, privacy, security, or legal matters, email contact@appsanic.com or use our contact page. The Service is operated by Encode Digital Software Solutions Pty Ltd (ACN 690 774 719), registered in New South Wales, Australia. Mention the topic in your subject line and we will route your message to the right team.