Terms of Service

Last Updated: November 3, 2025

1. Introduction and Acceptance

Welcome to Superconductor, a service provided by Volition, Inc., a Delaware corporation doing business as Volition Holdings, Inc. in California ("Company," "we," "us," or "our").

These Terms of Service ("Terms") govern your access to and use of the Superconductor platform, website at superconductor.dev, mobile applications, and related services (collectively, the "Service"), which enables users to build software using AI coding agents from various providers.

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

IMPORTANT NOTICE: These Terms contain a binding arbitration provision and class action waiver in Section 16, which affects your legal rights. Please read it carefully.

2. Service Description

2.1 Core Functionality

Superconductor provides a platform that enables you to:

Connect code repositories (e.g., GitHub) to Superconductor projects
Launch AI coding agents from various providers (including but not limited to Anthropic, OpenAI, Google, Sourcegraph, and Opencode)
Create and manage tickets for software development tasks
Collaborate with team members in workspaces
Integrate with third-party services (Slack, Gmail, Sentry, Linear, and others)

2.2 Compute Infrastructure

AI agents run on compute infrastructure provided by our third-party partners, primarily Modal and Morph Cloud. You acknowledge that the performance and availability of agents depend on these providers' services.

2.3 Service Evolution and Availability

While we strive for high availability and quality, we do not provide service level guarantees. The Service is provided on an "as-is" and "as available" basis.

We reserve the right to:

Modify, suspend, or discontinue any aspect of the Service with reasonable notice where practicable
Change features, functionality, interfaces, or capacity limits
Add or remove AI agent providers or change their availability
Modify or terminate integrations with third-party services
Update or replace compute infrastructure providers
Implement usage restrictions, rate limits, or quotas
Change system requirements or supported platforms

For material changes that significantly impact functionality, we will endeavor to provide advance notice through email or Service notifications, except where immediate changes are necessary for security, legal compliance, or system integrity.

You acknowledge that:

Continued availability of any specific feature or agent is not guaranteed
We have no obligation to maintain backward compatibility
Service interruptions may occur for maintenance, updates, or unforeseen issues
Third-party dependencies may affect Service availability

3. Eligibility and Account Registration

3.1 Age Requirements

You must be at least 18 years old to use the Service. We do not knowingly collect information from or provide services to anyone under 18.

3.2 Account Creation

To access certain features, you must create an account. You may register using:

Email and password
Google authentication
Apple authentication
GitHub authentication

3.3 Account Responsibilities

You are responsible for:

Providing accurate, current, and complete account information
Maintaining the security of your account credentials
All activities that occur under your account
Immediately notifying us of any unauthorized use

3.4 Prohibited Jurisdictions

You may not use the Service if you are located in, or acting on behalf of entities in, countries subject to U.S. economic sanctions, including but not limited to Iran, Syria, North Korea, Cuba, and the Crimea, Donetsk, and Luhansk regions. Access from Russia and Belarus is restricted. We reserve the right to block access from additional jurisdictions as required by applicable laws or our policies.

4. Acceptable Use Policy

4.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms.

4.2 Prohibited Activities

You agree NOT to:

Violate any laws, regulations, or third-party rights
Upload or transmit malicious code, viruses, or harmful software
Attempt to gain unauthorized access to any systems
Use the Service to develop software for illegal or harmful purposes
Harass, abuse, or harm other users
Impersonate any person or entity
Sell, transfer, or sublicense your access to the Service
Use the Service to mine cryptocurrency without explicit permission
Exceed reasonable usage limits or abuse our infrastructure
Upload HIPAA-protected health information or other regulated sensitive data
Violate export control laws or regulations
Reverse engineer, decompile, or disassemble the Service platform
Scrape or harvest data from the Service through automated means without permission

4.3 Code Repository Access

By connecting repositories to the Service, you represent that you have all necessary rights and permissions to grant us access to such repositories and their contents.

4.4 Export Controls and Trade Compliance

Export Control Laws: The Service is subject to U.S. export control laws and regulations, including the Export Administration Regulations (EAR) and economic sanctions administered by the Office of Foreign Assets Control (OFAC). By using the Service, you represent and warrant that:

You are not located in, or a resident or national of, any country subject to U.S. economic sanctions or trade embargoes
You are not on any U.S. government list of prohibited or restricted parties
You will not use the Service in violation of any U.S. export laws or regulations
You will not export, re-export, or transfer any part of the Service or AI-generated outputs to prohibited destinations, entities, or individuals

We reserve the right to terminate or suspend access immediately if we reasonably believe you are violating export control laws or sanctions, or if required by legal obligations.

5. AI Agents and Third-Party Services

5.1 AI Agent Providers

The Service enables you to use AI coding agents provided by third parties. Each provider's agents are subject to their respective terms of service:

Anthropic (Claude Code)
OpenAI (Codex)
Google (Gemini)
Sourcegraph (Amp)
Opencode

5.2 No Warranty for AI Output

IMPORTANT DISCLAIMER: THE SERVICE, AI AGENTS, AND ALL AI-GENERATED OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE SERVICE, AI AGENTS, OR OUTPUT WILL:

MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULT
BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE
BE SECURE, FREE OF HARMFUL CODE, OR COMPATIBLE WITH YOUR SYSTEMS
OPERATE WITHOUT INTERRUPTION OR BE FREE FROM DEFECTS
COMPLY WITH YOUR CODING STANDARDS, BEST PRACTICES, OR REGULATORY REQUIREMENTS
BE FREE FROM BUGS, VULNERABILITIES, OR SECURITY ISSUES

AI-generated code may contain errors, security vulnerabilities, licensing conflicts, or other issues. You acknowledge that AI outputs are probabilistic in nature and may be incorrect, incomplete, or entirely unsuitable for your purposes.

Probabilistic Nature and Ethical Use: AI agents are experimental, probabilistic tools that may generate outputs that are inaccurate, biased, hallucinated, or based on outdated training data. The outputs may reflect patterns from their training data without understanding context, accuracy, or appropriateness. You are responsible for ensuring that AI-generated outputs do not violate ethical standards, laws, or third-party rights, including prohibitions on creating harmful, discriminatory, misleading, or illegal content. You must not use the Service to generate malware, exploit code, or content intended to cause harm.

YOU ASSUME ALL RISK for the selection, use, and implementation of any AI-generated code or suggestions. You are solely responsible for thoroughly reviewing, testing, validating, and securing any AI-generated output before using it in any environment.

5.3 Third-Party Risks

You acknowledge and accept that:

AI agents may be subject to prompt injection or other manipulation
Agents may inadvertently expose sensitive information if not properly configured
Third-party agent software may contain vulnerabilities
We are not responsible for issues caused by third-party agent software

5.4 API Keys and Credentials

Currently, you may provide your own API keys for AI providers. You are responsible for:

The security of your API keys
Any costs incurred through your API usage
Compliance with the provider's terms of service

6. User Content and Data

6.1 Your Content and AI Outputs

Ownership: You retain all rights, title, and interest in and to:

User Content you upload to the Service (your code, documentation, configurations)
Inputs you provide to AI agents (prompts, instructions, context)
Outputs generated by AI agents in response to your Inputs

To the fullest extent permitted by law, you own all AI-generated code, documentation, tests, and other outputs created through your use of the Service.

Important Caveats:

AI agents may generate code similar to their training data, which may include open-source code with various licenses
You are responsible for reviewing AI outputs for potential licensing conflicts, copyright issues, or third-party rights
Some AI outputs may not be eligible for copyright protection in certain jurisdictions
We make no representations about the originality or uniqueness of AI-generated content

6.2 License to Us

To provide the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to:

Store, process, and display your User Content
Share User Content with AI providers as necessary for agent execution
Generate metadata and analytics about your usage
Create backups for disaster recovery

This license is solely for operating and improving the Service and expires when you delete your content or account, except as required for legal compliance or backup retention.

6.3 Data Training and Usage Policy

Your Code and Content: We do NOT use your code, private repositories, or User Content to train AI models. Your code remains private and is never used for model training without your explicit opt-in consent.

Usage Data: We collect and use anonymized, aggregated usage data ("Usage Data") for operational, analytical, and improvement purposes, including:

Service performance optimization and capacity planning
Feature development and testing
Security monitoring and fraud detection
General product analytics and business intelligence
Debugging and error resolution

Usage Data does NOT include your actual code, repository contents, or personally identifiable information. It includes metrics like feature usage patterns, agent execution statistics, error rates, and performance indicators.

Future Opt-In Programs: We may offer optional programs where you can:

Participate in research studies
Opt in to contribute code for model improvement
Request custom models trained exclusively on your code

6.4 Administrator Access

Our administrators may access specific user content solely for:

Debugging and technical support
Investigating security incidents
Ensuring compliance with these Terms
As required by law

7. Workspace and Collaboration

7.1 Workspace Creation

Users may create workspaces and invite team members with different permission levels:

Workspace administrators (full control)
Collaborators (can interact with agents)
Viewers (read-only access)

7.2 Workspace Responsibilities

Workspace administrators are responsible for:

Managing member access and permissions
Ensuring all members comply with these Terms
Payment for workspace usage
Data governance within the workspace
Actions taken by workspace members
Promptly removing members who violate these Terms

8. Payment and Billing

8.1 Pricing Model

While currently in beta with no charges, our planned pricing includes:

Subscription fees for compute resources (per seat/month)
Tiered plans with different compute allocations
Potential overage charges for excess usage
Possible future charges for AI token usage

8.2 Payment Terms

When billing commences:

All fees are in U.S. dollars
Payments are due in advance
No refunds for partial periods
You're responsible for all applicable taxes

8.3 Free Tier Limitations

Any free tier offerings may have limitations on:

Compute resources
Number of agents
Concurrent executions
Data retention periods

9. Privacy and Data Protection

9.1 Privacy Policy

Our Privacy Policy describes how we collect, use, and share your information. By using the Service, you consent to our data practices as described in the Privacy Policy.

9.2 GDPR Compliance

For users in the European Economic Area:

We process data under legitimate interests and contractual necessity
You have rights to access, rectify, delete, and port your data
Contact privacy@superconductor.dev for data subject requests

9.3 Data Location

Your data is processed and stored in the United States on AWS infrastructure. By using the Service, you consent to the transfer of your data to the United States.

10. Intellectual Property Rights

10.1 Our Property

The Service, including its design, features, and content (excluding User Content), is owned by us and protected by intellectual property laws.

10.2 Feedback

Any feedback, suggestions, or ideas you provide about the Service become our property and may be used without compensation to you.

10.3 Open Source Components

The Service may include open-source software subject to separate license terms, which will be identified in the software documentation.

11. Indemnification

11.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Volition, Inc., its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

Your use or misuse of the Service
User Content that infringes any third-party intellectual property rights
Your violation of these Terms or applicable laws or regulations
Your use of AI-generated outputs in violation of applicable laws or third-party rights
Your use of the Service in combination with unauthorized third-party software or services
Your modifications to AI agent configurations or outputs
Claims by your workspace members, employees, or collaborators
Your failure to properly secure your account or API keys
Any data breach or security incident caused by your actions or negligence
Your representations and warranties proving false or misleading
Any damages, losses, or liabilities arising from:
- The quality, accuracy, completeness, or fitness for purpose of AI-generated outputs
- Your decision to use, deploy, or rely upon AI-generated code or content in any environment
- Bugs, errors, security vulnerabilities, or other defects in AI-generated outputs
- Your failure to properly review, test, validate, or secure AI-generated outputs before use

11.2 Our Indemnification Limitations

We will NOT indemnify you for claims arising from:

Your specifications, requirements, or instructions to AI agents
Use of the Service with unauthorized third-party software or in unauthorized combinations
Your modifications to AI-generated outputs
Continued use of outdated Service versions when updates are available
Your failure to follow our documented security recommendations or instructions
User Content or input data you provide
Third-party AI agent software vulnerabilities or issues

11.3 Indemnification Process

The indemnified party will: (a) promptly notify the indemnifying party of any claim; (b) allow the indemnifying party to control the defense and settlement; and (c) provide reasonable cooperation. The indemnifying party may not settle any claim that admits liability or imposes obligations on the indemnified party without written consent.

11.4 Exclusive Remedy

This Section 11 sets forth your SOLE REMEDIES and our SOLE LIABILITY for any third-party claims, including intellectual property infringement claims related to the Service.

12. Disclaimers

12.1 "AS IS" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12.2 No Guarantee

We do not guarantee that:

The Service will be uninterrupted or error-free
AI agents will produce correct or secure code
The Service will meet your requirements
Any defects will be corrected

12.3 Third-Party Services

We are not responsible for third-party services, including:

AI agent providers
Compute infrastructure providers
Integrated services (GitHub, Slack, etc.)

13. Limitation of Liability

13.1 Disclaimer of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS PROVIDED IN SECTION 13.4, IN NO EVENT SHALL WE BE LIABLE FOR:

(a) ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES;

(b) LOST BUSINESS, PRODUCTION, REVENUES, PROFITS, ANTICIPATED SAVINGS, OR BUSINESS OPPORTUNITIES;

(d) LOSS, CORRUPTION, OR BREACH OF DATA OR SYSTEM SECURITY (except where caused by our gross negligence or willful misconduct);

(e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS (except where caused by our failure to implement commercially reasonable security measures);

(f) COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;

(g) BUSINESS INTERRUPTION OR SYSTEM FAILURE;

(h) DAMAGES ARISING FROM AI AGENT OUTPUT QUALITY ISSUES, ERRORS, OR INACCURACIES IN GENERATED CODE;

(i) DAMAGES FROM THIRD-PARTY SERVICES, INCLUDING AI PROVIDERS, COMPUTE INFRASTRUCTURE, OR INTEGRATED SERVICES;

(j) ANY OTHER INDIRECT OR CONSEQUENTIAL LOSSES,

REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

13.2 Cap on Liability

EXCEPT AS PROVIDED IN SECTION 13.4, OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:

The total amounts you actually paid us in the twelve (12) months immediately preceding the event giving rise to liability, or
Five hundred dollars ($500)

This limitation applies to all claims in the aggregate, including breach of contract, breach of warranty, indemnity, negligence, strict liability, misrepresentation, and other torts.

13.3 Essential Purpose

You acknowledge that the limitations of liability set forth in this Section 13 are an essential element of the agreement between us, and that in the absence of such limitations, the economic terms would be substantially different.

13.4 Exceptions

The limitations and exclusions in this Section 13 do not apply to:

Liability for our fraud or fraudulent misrepresentation
Liability for our willful misconduct or gross negligence
Any liability that cannot be excluded or limited under applicable law
Our indemnification obligations under Section 11 (if any)

14. Security and Compliance

14.1 Security Measures

We implement commercially reasonable security measures to protect your data. However, no security system is impenetrable, and we cannot guarantee absolute security. You acknowledge that:

No internet transmission or electronic storage is completely secure
AI agents may have inherent security limitations and vulnerabilities
You are responsible for securing your own credentials and API keys
Security risks are inherent in any internet-connected service

14.2 Security Breach Limitations

We will not be liable for any security breach except to the extent caused directly by our gross negligence or willful misconduct. We are NOT liable for breaches caused by or arising from:

Third-party service providers (including AI agent providers and compute infrastructure)
User misconfiguration, weak passwords, or compromised credentials
Vulnerabilities in third-party AI agent software or npm packages
Prompt injection, jailbreaking, or other AI manipulation techniques
Your failure to implement recommended security configurations
Your sharing of credentials or unauthorized access by your team members
Force majeure events, hackers, or other unauthorized third-party access
Your failure to promptly install security updates or patches when available

14.3 SOC 2 Compliance

We are working toward SOC 2 Type 2 compliance as part of our ongoing commitment to security. This is an aspirational goal with no guaranteed timeline, as compliance depends on many factors including business priorities and resource allocation.

14.4 Not HIPAA Compliant

The Service is NOT HIPAA compliant. Do not upload protected health information or use the Service for healthcare applications requiring HIPAA compliance.

15. Termination

15.1 Your Termination Rights

You may stop using the Service and delete your account at any time.

15.2 Our Suspension Rights

We may immediately suspend your access to the Service without prior notice if:

There is a threat to the security or integrity of our systems
Your use disrupts or threatens to disrupt the Service for other users
We detect or suspect fraudulent, illegal, or abusive activity
You exceed reasonable usage limits or abuse our infrastructure
Your account experiences unusual or suspicious activity patterns
You fail to pay fees when due (once billing commences)
You are subject to bankruptcy, insolvency, or similar proceedings
We receive a court order or legal requirement to do so
Your use violates applicable export control or sanctions laws

During suspension: (a) you remain responsible for any fees; (b) these Terms remain in effect; and (c) we may investigate and take appropriate action.

15.3 Our Termination Rights

We may terminate your account and access to the Service:

For any violation of these Terms (with or without notice)
If your account remains suspended for more than 30 days
If you fail to cure a breach within 5 days of notice
Immediately for material breaches that cannot be cured
If we discontinue the Service (with reasonable notice when practicable)

15.4 Effect of Termination

Upon termination:

Your access to the Service ends immediately
We may delete your data after a reasonable retention period
Provisions that should survive (indemnification, limitations, arbitration) remain in effect

16. Dispute Resolution

16.1 Binding Arbitration

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in Delaware under the American Arbitration Association's Commercial Arbitration Rules.

16.2 Class Action Waiver

YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR OTHER REPRESENTATIVE PROCEEDINGS.

16.3 Small Claims Exception

Either party may bring claims in small claims court if they qualify.

16.4 Injunctive Relief

We may seek injunctive relief in any court for intellectual property violations or breaches of confidentiality.

17. General Provisions

17.1 Governing Law

These Terms are governed by Delaware law, without regard to conflict of law principles.

17.2 Entire Agreement

These Terms, along with our Privacy Policy and Security Policy, constitute the entire agreement between you and us.

17.3 Modifications

We may update these Terms at any time. Material changes will be notified via email or Service notification. Continued use after changes constitutes acceptance.

17.4 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

17.5 Waiver

Our failure to enforce any provision is not a waiver of our right to do so later.

17.6 Assignment

You may not assign these Terms. We may assign them without restriction.

18. Contact Information

For questions about these Terms, contact us at:

Volition, Inc.
2261 Market Street #4795
San Francisco, CA 94114

Email: legal@superconductor.dev
General: team@superconductor.dev

19. Mobile Application Terms

19.1 App Store Terms

If you access the Service through a mobile application downloaded from Apple's App Store or Google Play Store:

You acknowledge that these Terms are between you and Volition, Inc., not Apple or Google
The app store provider has no obligation to provide maintenance or support for the app
We, not the app store provider, are responsible for any product warranties
The app store provider is not responsible for addressing any claims relating to the app
You must comply with the app store provider's terms of service

19.2 Apple-Specific Terms

For iOS users:

Apple and its subsidiaries are third-party beneficiaries of these Terms
Upon your acceptance of these Terms, Apple has the right to enforce these Terms against you
Your use of the iOS app is also subject to the Apple App Store Terms of Service
You represent that you are not subject to a U.S. Government embargo or located in a country that the U.S. Government has designated as a "terrorist supporting" country
You are not listed on any U.S. Government list of prohibited or restricted parties

19.3 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the mobile application on devices you own or control, solely for your personal or internal business use.

20. Definitions

"AI Agent": Software that uses artificial intelligence to perform coding tasks
"Service": The Superconductor platform and all related services
"User Content": Code, data, and other content you upload
"Workspace": Collaborative environment for teams
"Ticket": A task or issue to be implemented by AI agents
"Usage Data": Anonymized, aggregated data about Service usage patterns

By using Superconductor, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.