Draft for legal review. These terms are not in effect yet.
Terms of Service
These Terms of Service (the "Terms") are a binding agreement between you and Konnectia USA LLC, a Delaware limited liability company that provides the Basemodo service ("Basemodo", "we", "us"). They govern your use of basemodo.com, the Basemodo web app, the Basemodo command-line tool and MCP server, the Apps you run on Basemodo, and every other service we provide (together, the "Service").
Please read Section 17 carefully. It requires you to resolve disputes with us through individual binding arbitration, and it waives your right to a jury trial and to take part in a class action, unless you opt out as it describes.
By signing in, creating an account, deploying an App, or otherwise using the Service, you agree to these Terms, to the Acceptable Use Policy and to the Privacy Policy, which are part of these Terms. If you do not agree, do not use the Service. If you use the Service for an organization, you agree on its behalf and confirm you are authorized to bind it; "you" then means you and that organization.
1. Definitions
- App: software you deploy to the Service, with its code, its build, its Machine, its data, its Secrets, its Logs and its Backups.
- Owner: the Person or Workspace an App belongs to. Editor: someone the Owner lets deploy and change an App. Member: someone the Owner lets use an App.Workspace: an account an organization shares, run by its Admins.
- Visitor: anyone who opens or uses an App, signed in or not, including Members.
- Your Content: everything you or your Apps send to, store on or make available through the Service, including code, data, files and the content your Visitors put into your Apps.
- Agent: an AI assistant, script or other software that uses the Service through the CLI, the MCP or the API on your behalf.
2. Eligibility and accounts
You must be at least 18 years old and able to form a binding contract to create an account. The Service is not directed to children, and you may not let anyone under 13 use your Apps where the law requires parental consent for them, unless you obtain it and comply with that law. You may not use the Service if you are barred from receiving it under the laws of the United States or of your country, or if we have previously suspended or terminated your account for abuse.
You sign in with an email link, Google or GitHub. You must give us a working email address you control and keep it current: we send notices about your account and your Apps there, and a notice sent there counts as received. You are responsible for everything done through your account and for keeping your email, your Google or GitHub account and your devices secure. Tell us at once at support@basemodo.com if you believe your account has been used without your permission. One person may hold only one personal account, and you may not create accounts to get more Trials, to avoid Quotas, or to come back after we suspended you.
3. Agents and tokens act as you
The Service is built to be used by Agents. When you approve the CLI, connect an Agent through the MCP, or give anyone a token or a device you are signed in on, everything done with that access is done by you and on your behalf, as if you had done it yourself: deploys, rollbacks, deleted data, sent invitations, changed sharing, chosen Plans and the charges they create, and anything an App does once deployed. You are responsible for reviewing what your Agents do, for the instructions and permissions you give them, and for revoking access you no longer want (on the Devices and Agents pages). We are not responsible for an Agent's mistakes, for content an Agent generates, or for actions an Agent takes that you did not intend.
4. Your Apps and your content
You own Your Content. You grant Basemodo a worldwide, non-exclusive, royalty-free license to host, copy, build, run, store, back up, transmit, cache, display and process Your Content, only as needed to provide, secure and improve the Service, to comply with law, and to enforce these Terms. The license ends when Your Content is deleted from the Service, except for copies kept in Backups and logs until they expire, and copies we must keep by law.
You are solely responsible for your Apps and for Your Content. In particular, you confirm that:
- you have all the rights, licenses and consents needed for Your Content and to let us process it;
- Your Content and your Apps comply with the law and with the Acceptable Use Policy, including laws on privacy, data protection, consumer protection, intellectual property, export and electronic communications;
- for any personal data your Apps collect from Visitors, you are the controller (or business) and Basemodo processes it only on your instructions to run the Service; you give your Visitors any notice and get any consent the law requires;
- you will not use the Service to store or process payment card numbers, health records regulated by HIPAA, or other data subject to special legal requirements, unless we agree in writing; and
- you will not use an App where its failure could lead to death, personal injury or severe physical or environmental damage (medical devices, emergency services, vehicles, critical infrastructure).
We do not review Apps before they go online and have no obligation to monitor Your Content, but we may, and we use automated systems to detect abuse (Section 6).
5. People you share with
You decide who may reach your Apps: Members, Editors, anyone with a link, a whole Workspace, or the public. You are responsible for that choice and for what the people you let in do in your Apps. Members and other Visitors who sign in to Basemodo agree to these Terms for their own use of the Service, but they never pay and they are not responsible for your Apps. An Editor deploys as you: what they deploy to your App is your responsibility toward us. A Workspace's Admins are responsible for the Workspace, its Apps and its people.
6. Acceptable use and enforcement
You must follow the Acceptable Use Policy. To protect the Service, the internet and other customers, Basemodo measures how each App uses the network, the CPU and the domain names it looks up, and acts automatically when that usage looks like abuse. Depending on what we detect, we may, without notice and at our discretion:
- slow down an App's traffic for a while;
- pause an App, move its traffic to a separate set of addresses, and put it under review;
- suspend your account, which pauses all your Apps and stops new Apps and Deploys, until we decide;
- refuse to run, again, code we found abusive, in any account;
- remove Your Content, or terminate your account under Section 13.
We tell you why when we act, unless the law or the safety of others prevents it, and you may write toabuse@basemodo.com to ask for a review. Automated decisions can be wrong; when one is, we restore the App. A pause or suspension under this Section is not a breach of these Terms by us, and it gives you no right to a refund or credit, unless we find the action was in error.
7. Plans, Trial, Quotas and payment
Plans and Quotas
Each Plan is a flat monthly price with hard limits ("Quotas"): how many Apps, how much memory, CPU, disk and outbound traffic each App may use, and the other limits shown on the pricing page and in the docs. Nothing is metered. When an App reaches a Quota, we pause it, slow it down, or refuse the Deploy, and say which limit was reached; reaching a Quota never produces a charge. The Quotas are part of the Service, not a promise of capacity: the resources available to an App may be lower while we protect the Service.
Trial
A new personal account starts with a seven-day Trial on the Starter Plan, with no card. When the Trial ends without a Plan, your Apps are paused and their data is kept for 30 days, after which we may delete it. A Trial is offered once per person; we may refuse or end a Trial we believe is being abused.
Payment
Paid Plans and add-ons (such as a dedicated outbound address) are billed monthly in advance, in U.S. dollars, through our payment processor, Stripe. A Workspace's Plan is billed per seat: each person who joined the Workspace, counted as the Service describes. By choosing a Plan you authorize us and Stripe to charge your payment method each month until you cancel. Prices exclude taxes; you pay any sales, use, value-added or similar taxes, other than taxes on our income.
- Upgrades take effect at once and are charged for the rest of the current month.Downgrades take effect at once and the difference is credited to your next invoices, not refunded.
- Cancellation. You can cancel or change your Plan at any time from the billing page. Your Plan ends at the end of the month already paid.
- No refunds. Except where the law requires otherwise or these Terms say so, payments are not refundable, and there are no refunds or credits for partial months, unused Quotas, sleeping or paused Apps, or downtime.
- Failed payments. If a payment fails, we may retry it, pause your Apps until it succeeds, and end your Plan; your data is then kept for 30 days as after a Trial.
- Disputes. If you believe a charge is wrong, write tosupport@basemodo.com within 60 days of the charge. You agree to contact us before disputing a charge with your bank, and that a chargeback we win, or one filed without contacting us first, may lead us to suspend your account.
- Price changes. We may change prices or Quotas. We will tell you at least 30 days before a price increase applies to you, and it applies from your next month after that. If you do not agree, cancel before it applies.
8. How the Service works
- Apps sleep when nobody uses them and wake on the next request, which can take a few seconds. Apps run on shared infrastructure that Basemodo operates or rents from providers, in the regions we choose, and we may move them between servers, regions and providers.
- Apps are online at addresses under basemodo.app, or at a domain you connect. Apps are kept out of search engines unless you turn indexing on.
- Outbound connections from Apps are limited: among other things, mail ports are closed and Basemodo's own networks cannot be reached.
- We do not offer a service level agreement or guarantee any uptime, unless we agree to one in writing. We may perform maintenance, sometimes without notice, and may change, add or remove features.
9. Backups, export and deletion
The Service takes Backups of your Apps' data and keeps them for the time your Plan says, and lets you download your data at any time while your account is active. Backups are a convenience, not a guarantee. You are responsible for keeping your own copies of Your Content, for example with the data download. We are not responsible for loss or corruption of Your Content, including data lost between Backups or when a server fails.
When you delete an App, it stops answering at once and its last Backup is kept for the retention your Plan shows, after which it is deleted for good. When your Trial or Plan ends, or your account is terminated, we may delete your Apps and Your Content 30 days later (immediately, for an account terminated for abuse or where the law requires it). Deleted data may stay in encrypted backups and logs until they expire.
10. Third-party services
The Service works with services we do not control: Google and GitHub to sign in and to deploy repositories, Stripe to pay, and the providers that run our infrastructure and send our email. Your use of a third-party service is governed by its own terms, and we are not responsible for it, for its availability, or for what it does with your data. The software your Apps depend on, and the images and packages your builds use, are licensed to you by their authors, not by us.
Your Apps and their builds run on servers Basemodo rents from Phoenix NAP, LLC ("phoenixNAP"). The parts of phoenixNAP's terms that govern what runs on those servers, including its acceptable use rules, which our Acceptable Use Policy includes, apply to your use of the Service. phoenixNAP has no agreement with you and owes you nothing: to the fullest extent the law allows, you release phoenixNAP from any and all liability arising from the Service, Your Content and your Apps.
11. Basemodo's property and feedback
The Service, including its software, design, documentation and the Basemodo name and logo, belongs to Basemodo and its licensors and is protected by law. We grant you a limited, revocable, non-exclusive, non-transferable right to use the Service under these Terms, and to install and run the Basemodo CLI for that purpose. You may not copy, modify, resell or sublicense the Service, reverse engineer it except where the law allows it despite this limit, use our marks without permission, or use the Service to build a competing product. If you send us ideas or feedback, we may use them freely and without any obligation to you.
12. Copyright complaints
We respond to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act. Send them to our designated agent: [DMCA DESIGNATED AGENT NAME AND ADDRESS, as registered with the U.S. Copyright Office], or copyright@basemodo.com. A notice must identify the work, the material that infringes it and where it is (its URL), your contact details, a statement of good-faith belief that the use is not authorized, and a statement under penalty of perjury that the notice is accurate and that you are authorized to act, with your physical or electronic signature. If we remove material, we tell the Owner, who may send a counter-notice. We terminate, in appropriate circumstances, the accounts of repeat infringers.
13. Suspension and termination
You may stop using the Service and cancel your Plan at any time. We may suspend or terminate your access to all or part of the Service, at any time, with or without notice, if: you breach these Terms or the Acceptable Use Policy; your use creates a risk or possible legal exposure for Basemodo, our providers, other customers or anyone else; we are required to by law or by a provider; your payment fails; your account has been inactive and unpaid for a long time; or we stop offering the Service (in which case we will give you at least 30 days' notice to download your data, and refund any prepaid fees for the time after it ends). Sections 4 (the license for copies still kept, and your responsibilities), 7 (amounts owed), 9, and 11 to 20 survive the end of these Terms.
14. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, BASEMODO AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT YOUR CONTENT WILL NOT BE LOST OR CORRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR ANY CONTENT GENERATED THROUGH IT (INCLUDING BY AN AGENT) WILL MEET YOUR REQUIREMENTS. YOU USE THE SERVICE AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
15. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BASEMODO OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR DATA, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF WE WERE ADVISED OF THEIR POSSIBILITY.
BASEMODO'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID BASEMODO FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, AND (B) ONE HUNDRED U.S. DOLLARS (US$100).
These limits apply even if a remedy fails of its essential purpose, and they are an essential part of the bargain between us: our prices reflect them. They do not limit liability that cannot be limited by law, such as for fraud, or for death or personal injury caused by gross negligence or willful misconduct.
16. Indemnification
You will defend, indemnify and hold harmless Basemodo and its affiliates, officers, employees, agents, suppliers and licensors from and against any claim, demand, investigation, loss, liability, damage, fine, penalty, cost and expense (including reasonable attorneys' fees) arising out of or relating to: your Apps and Your Content; your use of the Service or what your Agents, Editors and Members do through it; your breach of these Terms or the Acceptable Use Policy; or your violation of any law or of anyone's rights, including those of your Visitors. We may take over the defense of a claim at your expense, and you will cooperate with us. You may not settle a claim that imposes any obligation on Basemodo without our written consent.
17. Disputes and arbitration
Talk to us first. Before starting any claim, you agree to send a written description of the dispute to legal@basemodo.com and to try in good faith to resolve it with us for 60 days.
Binding arbitration. Any dispute, claim or controversy arising out of or relating to these Terms or the Service, including their formation, interpretation, scope and enforceability, that is not resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (if you are an individual using the Service for personal purposes) or its Commercial Arbitration Rules (otherwise), before a single arbitrator. The arbitration will be held in English, by video or in Wilmington, Delaware, unless the arbitrator decides otherwise. The Federal Arbitration Act governs this Section. Judgment on the award may be entered in any court with jurisdiction.
Class action and jury waiver. You and Basemodo each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims of more than one person or award relief to anyone but the individual party. You and Basemodo each waive the right to a trial by jury.
Exceptions. Either party may bring an individual claim in small-claims court, and either party may ask a court for an injunction to protect its intellectual property or to stop abuse of the Service.
Opt out. You may opt out of this Section by sending an email from your account's address tolegal@basemodo.com within 30 days of first accepting these Terms, saying that you opt out of arbitration. If you opt out, or if this Section is found unenforceable, disputes will be resolved only in the state or federal courts in Wilmington, Delaware, and you consent to their jurisdiction.
Time limit. To the extent permitted by law, any claim must be brought within one year after it arose; otherwise it is permanently barred.
18. Governing law, export and sanctions
These Terms are governed by the laws of the State of Delaware, United States, and by the federal laws of the United States, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. If you are a consumer, this does not take away protections that the mandatory law of the country where you live gives you.
You will comply with all export control and economic sanctions laws that apply to your use of the Service. You may not use the Service if you are located in, or are a national or resident of, a country or region subject to comprehensive U.S. sanctions, or if you are on a U.S. government list of restricted parties, and you may not let such persons use your Apps.
19. Changes to the Service and to these Terms
We may change these Terms. When a change is material, we will tell you by email or in the Service at least 30 days before it takes effect, except for changes required by law or that address new kinds of abuse, which may take effect at once. The version and effective date at the top of this page tell you which Terms apply. If you keep using the Service after a change takes effect, you accept it; if you do not agree, stop using the Service and cancel your Plan before then. A change to Section 17 does not apply to a dispute we already knew about.
20. General
- Entire agreement. These Terms, the Acceptable Use Policy, the Privacy Policy and any order or written agreement that refers to them are the entire agreement between you and Basemodo about the Service, and replace any earlier agreement about it.
- Assignment. You may not assign or transfer these Terms without our written consent. We may assign them, for example in a merger, acquisition or sale of assets.
- Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, including failures of our providers, networks or power, attacks, disasters, labor disputes, epidemics and acts of government.
- Severability and waiver. If a provision is found unenforceable, it is limited to the minimum extent necessary and the rest stays in effect. Not enforcing a provision is not a waiver of it.
- Relationship. We are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship. There are no third-party beneficiaries.
- Notices. We send notices to your account's email address or in the Service. You send notices to legal@basemodo.com and, for legal process, to Konnectia USA LLC, [REGISTERED ADDRESS].
- Electronic agreement. You agree that these Terms, and notices we send electronically, satisfy any requirement that they be in writing or signed.
- Language. These Terms are written in English. A translation is for convenience only; the English version controls.
21. Contact
Konnectia USA LLC, [REGISTERED ADDRESS]. Questions about these Terms: legal@basemodo.com. Abuse reports: abuse@basemodo.com. Help with your account:support@basemodo.com.