Terms of Service

Service description

Driftless is an agentic product delivery platform provided by Iron Flank Inc. (“Driftless”, “we”, “us”, “our”). These Terms of Service (this “Agreement”) govern your access to and use of the Driftless website at godriftless.ai, the Driftless application at app.godriftless.ai, the Driftless REST API, and the Driftless MCP endpoint (collectively, the “Service”). By accessing or using the Service, you agree to this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

The Service provides spec-driven, agent-assisted product delivery tooling: projects, initiatives, tasks, comments, media, agent automation, and related integrations. We may modify, suspend, or discontinue features of the Service at any time, and will use commercially reasonable efforts to notify you of material changes.

Acceptable use

You agree to use the Service only for lawful purposes and in a manner that does not violate the rights of others. You will not:

• Respect capability boundaries. Access the Service only within the capabilities granted to your API keys or agent credentials. Authorization is enforced server-side on every request; exceeding your granted capabilities is a breach of this Agreement.
• No cross-organization access. Attempt to access, read, or modify another organization’s data.
• No reverse engineering. Reverse engineer, decompile, or attempt to extract the source of the Service, except to the extent applicable law prohibits this restriction.
• No disruption. Introduce malware, or attempt to disrupt, overload, or circumvent the rate limits, security, or usage controls of the Service.
• No unlawful or infringing content. Use the Service to store or transmit content that is unlawful, infringing, or malicious.
• No resale. Resell or sublicense access to the Service except as expressly permitted under your subscription.

You are responsible for the security of your credentials and for all activity under your account, and you agree to notify us promptly of any unauthorized use.

Subscription terms, billing, and termination

Subscriptions

The Service is offered on a subscription basis with billing cycles and fees described on our pricing page or in your order form. Subscription fees are quoted in [Pending review: billing currency], are non-refundable except as required by law or expressly stated, and are due in advance of each billing cycle.

Billing

We may change our fees upon reasonable notice. Fees for new subscriptions or upgrades are billed at the start of the applicable period. [Pending review: tax treatment and invoicing rules for your jurisdiction]

Termination

You may terminate this Agreement at any time by discontinuing use and canceling your subscription. We may suspend or terminate your access if you breach this Agreement, if your account becomes inactive, or as described below. Upon termination, your right to use the Service ends, and we may delete your data after the period described in our Privacy Policy. [Pending review: termination-for-convenience notice period, e.g., 30 days]

Refunds

Except where a free trial or refund is expressly offered, paid fees are not refunded. [Pending review: refund policy required by your jurisdiction]

Intellectual property

Platform ownership

Driftless — including the Service, the website, the Driftless application, the REST API, the MCP endpoint, software, documentation, and the “Driftless” name and marks — is owned by Iron Flank Inc. and its licensors. Driftless owns the platform. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service under this Agreement. This is not a sale of software.

Your data

You retain all rights in the data you submit to the Service — including your projects, initiatives, tasks, comments, and media (“Customer Data”). You own your Customer Data. We process Customer Data only to provide the Service to you, as described in our Privacy Policy. You may export or delete your Customer Data at any time, subject to the tools available in the Service.

License from you

You grant us the rights necessary to operate, maintain, and improve the Service with respect to your Customer Data — hosting, transmitting, displaying, and processing it as needed to run the Service. This license is limited to providing the Service and does not transfer ownership.

Feedback

If you provide feedback, ideas, or suggestions about the Service, you grant us a royalty-free, perpetual, irrevocable license to use and incorporate them without restriction or compensation. [Pending review: IP assignment terms for jointly-developed configurations or custom integrations]

Warranty disclaimers

The Service is provided “as is” and “as available”. Except to the extent required by applicable law, Driftless and its licensors disclaim all warranties, whether express, implied, or statutory, including any warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, error-free, secure, or that it will meet your requirements. Any material or advice obtained through the Service is used at your own risk. [Pending review: consumer warranties that cannot be excluded in your jurisdiction]

Limitation of liability

To the maximum extent permitted by applicable law, in no event will Driftless or its licensors be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or business, arising out of or related to the Service or this Agreement, whether in contract, tort, or any other theory, even if we have been advised of the possibility of such damages.

Driftless’s total aggregate liability under this Agreement is limited to the greater of (a) the amounts you paid for the Service in the twelve (12) months preceding the claim, or (b) [Pending review: jurisdictionally-required minimum liability cap]. These limits apply even if a remedy fails of its essential purpose. [Pending review: liability rules for jurisdictions that restrict liability caps]

Indemnification

You will defend, indemnify, and hold harmless Driftless and its affiliates and personnel from and against any claims, damages, losses, and costs (including reasonable attorneys’ fees) arising from:

• your Customer Data or your use of the Service;
• your violation of this Agreement or applicable law; or
• your infringement of any third-party rights.

We will provide you with reasonable notice of a claim and reasonable cooperation, at your expense, and you may not settle a claim that imposes liability on us without our prior written consent. [Pending review: indemnification formalities required in your jurisdiction, e.g., controlled-defense procedures]

Governing law and dispute resolution

Governing law

This Agreement is governed by the laws of [Pending review: governing-law jurisdiction], without regard to its conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the courts located in [Pending review: dispute-resolution venue] for any dispute arising out of or relating to the Service or this Agreement.

Dispute resolution

The parties will attempt in good faith to resolve any dispute through negotiation. If a dispute is not resolved within [Pending review: negotiation period, e.g., 30 days], either party may initiate the dispute-resolution procedure described below. [Pending review: ADR/arbitration clause, e.g., binding arbitration under the rules of a named body, and any class-action waiver permitted in your jurisdiction]

Changes to these terms

We may update this Agreement from time to time. When we do, we will revise the “Last updated” date above. Your continued use of the Service after a change constitutes acceptance of the revised terms. We will notify you of material changes using commercially reasonable means.

Contact

Questions about these terms can be sent to support@godriftless.ai. [Pending review: registered address and legal-notice contact for your jurisdiction]