Terms of Service

Last Updated: February 28, 2026

1. Scope of These Terms

These Terms of Service ("Terms") apply to:

• Our website at shatuga.com and related domains
• Web-based services we host and operate
• APIs, integrations, and programmatic access to our services
• Beta, preview, or experimental features we may offer
• Your account and use of our hosted platforms

Important: If we release open source software, use of that software is governed by its respective open source license (such as MIT, Apache 2.0, or GPL), not these Terms. Desktop applications have separate terms provided with the software.

2. Eligibility and Your Account

Eligibility

To use our services, you must:

• Be at least 16 years old (or the minimum age in your jurisdiction)
• Not be located in a country subject to U.S. government embargo or designated as a "terrorist-supporting" country under U.S. law
• Not be listed on any U.S. government list of prohibited or restricted parties
• Be able to form a legally binding contract in your jurisdiction

Creating an Account

To use our services, you may need to create an account. You must:

• Provide accurate and truthful information
• Keep your account credentials secure
• Notify us immediately if you suspect unauthorized access

Account Responsibility

You're responsible for all activity under your account. Don't share your login credentials with others. If unauthorized use occurs, you remain responsible for any activity that took place before you notified us.

Account Termination

You can close your account at any time through your account settings. When you do:

• You can download all your data before closing (we strongly recommend this)
• Your data will be permanently deleted within 30 days
• You'll receive a confirmation email
• If you have a paid subscription, see Section 4 for refund details

3. Your Rights and Our Rights

Your Rights

When you use our services, you retain all rights to your content and data. Specifically:

• You own your data — We never claim ownership of your content
• You can export your data at any time in portable formats (JSON/CSV)
• You can delete your data whenever you want
• You control who sees your data — We don't share it with third parties for marketing

License You Grant Us

To provide our services, you grant us a limited, non-exclusive, royalty-free license to:

• Store, process, and transmit your data as necessary to operate the services
• Display your content back to you and to other users you authorize
• Make backups for service reliability
• Use aggregated, anonymized data for service improvements (no personal identification)

This license ends when you delete your content or close your account, except that our license to aggregated, anonymized data (which cannot be traced back to you) survives termination, since such data cannot be disaggregated.

Our Intellectual Property

We own all rights to:

• The Shatuga platform, software, and services (except open source software released under permissive licenses)
• Our branding, logos, and trademarks
• Any proprietary features, functionality, and improvements we develop

You may not copy, modify, distribute, sell, or reverse engineer our proprietary services. Open source software we release is governed by its respective license.

4. Pricing and Payment

Free Services

Some of our services may be available for free with limitations. We may change free tier features with reasonable notice.

Paid Services

For paid subscriptions:

• Pricing is clearly displayed before you subscribe
• Billing occurs monthly or annually based on your choice
• Auto-renewal unless you cancel before the next billing date
• Price changes require 30 days advance notice
• Currency and payment methods are specified at checkout

Cancellation and Refunds

You can cancel anytime through your account settings. Here's our fair refund policy:

• Within 30 days of purchase: Full refund, no questions asked
• After 30 days: No refund, but you can use the service until the end of your billing period
• Annual subscriptions: Pro-rated refund if canceled within the first 60 days
• Service issues: If we can't fix a problem, we'll refund the affected period

Payment Failures

If payment fails, we'll notify you and try again. If payment isn't resolved within 14 days, we may suspend or downgrade your account.

5. Acceptable Use

We trust you to use our services responsibly. Please don't:

Prohibited Activities

• Illegal activities: No spam, phishing, fraud, or anything illegal
• Security violations: No hacking, malware, or attempts to breach security
• Abuse: No harassment, hate speech, or threats
• System abuse: No excessive API calls, DDoS attacks, scraping, or resource overuse
• Impersonation: Don't pretend to be someone else or misrepresent your affiliation
• Misleading content: No deliberately false or misleading information
• Unauthorized access: Don't access accounts, systems, or data that aren't yours
• Circumvention: Don't attempt to bypass rate limits, access controls, or security measures

Enforcement

If you violate these terms:

• We'll usually warn you first and give you a chance to fix the issue
• For serious violations, we may suspend or terminate your account immediately
• We'll provide an explanation and, when possible, give you access to export your data
• You can appeal any decision by contacting us

6. API and Programmatic Access New

If you access our services via API or other programmatic means:

• Rate limits: You must comply with any published rate limits. We may throttle or block requests that exceed reasonable limits or that degrade service for other users.
• Authentication: API keys and tokens are confidential. Don't share them, embed them in client-side code, or commit them to public repositories.
• Automated access: Automated scripts, bots, and integrations must identify themselves and comply with our acceptable use policy.
• Changes: We may update our APIs with reasonable notice. We'll make a good-faith effort to maintain backward compatibility, but can't guarantee it.

Abuse of API access (including excessive requests, scraping, or circumventing rate limits) may result in immediate suspension of API credentials.

7. AI-Generated Content New

Some of our services may use artificial intelligence or machine learning to generate, suggest, or process content. When they do:

• No guarantee of accuracy: AI-generated content is provided for informational and assistive purposes only. It may contain errors, omissions, or inaccuracies. You are responsible for reviewing and validating any AI-generated content before relying on it.
• Not professional advice: AI-generated output does not constitute legal, medical, financial, or other professional advice.
• Ownership: To the extent permitted by applicable law, you own the outputs generated by our AI features based on your inputs. However, we make no representations about the intellectual property status of AI-generated content, and you are solely responsible for your use of such content.
• Your inputs: Content you provide as input to AI features is subject to the same license you grant us in Section 3. We may use inputs to improve our AI systems in aggregated, anonymized form unless you opt out.
• Representation: You agree not to represent AI-generated content as solely human-created in contexts where such disclosure is legally required or where misrepresentation could cause harm.

8. Beta and Experimental Features New

We may offer beta, preview, or experimental features ("Beta Features"). These are provided to gather feedback and may be incomplete, unstable, or changed at any time. If you choose to use Beta Features:

• They are provided "as is" with no warranty of any kind
• They may contain bugs, errors, or cause data loss
• We may discontinue them at any time without notice
• Service level commitments and support obligations do not apply to Beta Features
• We strongly recommend not relying on Beta Features for production or critical workflows

9. Service Availability

Our Commitment

We work hard to keep our services running smoothly, but we can't guarantee 100% uptime. We commit to:

• Maintaining reasonable service availability
• Notifying you of planned maintenance when possible
• Working quickly to resolve unexpected outages
• Providing status updates during incidents

Service Interruptions

We may temporarily suspend services for:

• Scheduled maintenance (with advance notice)
• Emergency security updates
• Technical issues beyond our control
• Legal or regulatory requirements

Self-Hosting Alternative

For services we release as open source, you have the option to self-host the software under its open source license. Self-hosted software is provided "as is" under the terms of its license, and these Terms do not apply to self-hosted instances.

10. Third-Party Services New

Our services may integrate with, link to, or rely on third-party services (such as payment processors, authentication providers, cloud infrastructure, or external APIs). Regarding these third-party services:

• They are governed by their own terms of service and privacy policies, not ours
• We are not responsible for their availability, accuracy, content, or practices
• Your use of third-party services is at your own risk
• We do not endorse any third-party service merely by integrating with it
• If a third-party service changes or becomes unavailable, we will make reasonable efforts to find alternatives but cannot guarantee uninterrupted functionality

11. Data Security and Privacy

We take security seriously. Our practices include:

• Industry-standard encryption (HTTPS/TLS)
• Regular security audits and updates
• Access controls and authentication
• Secure data centers and infrastructure

For details on how we handle your data, see our Privacy Policy.

Data Processing for Business Customers New

If you are using our services on behalf of a business or organization, and applicable data protection laws (such as the GDPR) require a Data Processing Agreement, we will enter into one upon request. Please contact [email protected] to request a DPA.

Your Responsibility

You're responsible for:

• Keeping your password secure
• Using two-factor authentication when available
• Maintaining backups of critical data
• Reporting security concerns to us immediately

12. Intellectual Property Complaints New

We respect the intellectual property rights of others and expect our users to do the same.

DMCA Notice

If you believe content hosted on our services infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) to our designated agent:

Email: [email protected]
Subject line: DMCA Takedown Notice
Mail: Shatuga, LLC, 140 College View Dr, Swannanoa, NC 28778

Your notice must include:

• Identification of the copyrighted work you claim is infringed
• Identification of the infringing material and information sufficient to locate it
• Your contact information (name, address, phone, email)
• A statement that you have a good-faith belief that the use is not authorized
• A statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

Counter-Notice

If your content was removed and you believe the removal was in error, you may submit a counter-notice with the required information under the DMCA. We will process counter-notices in accordance with applicable law.

Repeat Infringers

We will terminate the accounts of users who are repeat infringers of intellectual property rights.

13. Indemnification New

You agree to indemnify, defend, and hold harmless Shatuga, LLC, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or related to:

• Your use of our services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any content you submit, post, or transmit through our services
• Your violation of any applicable law or regulation

We will provide you with prompt notice of any such claim, cooperate with your defense, and allow you to control the defense and settlement, provided that no settlement may impose obligations on us without our prior written consent.

14. Liability and Disclaimers

Service "As Is"

We provide our services "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We can't guarantee they'll be perfect, error-free, or uninterrupted. We'll do our best, but we can't promise perfection.

Limitation of Liability

To the maximum extent permitted by law:

• We're not liable for indirect, incidental, consequential, special, or punitive damages, including but not limited to lost profits, lost data, business interruption, or loss of goodwill
• Our total aggregate liability for all claims arising out of or related to these Terms or our services is limited to the greater of: (a) the amount you paid us in the 12 months before the event giving rise to liability, or (b) one hundred U.S. dollars ($100)
• These limitations apply to claims based on warranty, contract, tort, strict liability, or any other legal theory, even if we've been advised of the possibility of such damages

What This Means

In plain terms: If something goes wrong with our service, we'll fix it and may refund your subscription. But we can't be responsible for business losses, lost data (keep backups!), or other indirect damages.

Important Exception

These limitations don't apply to damages caused by our gross negligence, willful misconduct, or fraud. Some jurisdictions don't allow limitations on implied warranties or liability, so these may not fully apply to you.

15. Changes to These Terms

We may update these terms from time to time. When we do:

• We'll update the "Last Updated" date at the top
• For significant changes, we'll email you at least 30 days in advance
• You can review changes before they take effect
• If you don't agree with changes, you can close your account and receive a pro-rated refund for any unused portion of paid services

Continuing to use our services after changes take effect means you accept the new terms.

16. Termination

You Can Terminate Anytime

You can close your account at any time through your account settings. No questions, no hassle.

We Can Terminate

We may suspend or terminate your account if:

• You violate these terms (usually with a warning first)
• Your account is inactive for 12+ months (with advance notice). Inactivity means no logins, API calls, or payment activity during that period.
• We're legally required to do so
• You engage in fraudulent or illegal activity

After Termination

• You lose access to your account and services
• Your data will be deleted within 30 days (unless legally required to retain)
• You can request a data export before termination
• The provisions of these Terms that by their nature should survive termination will survive (see Section 20)

17. Dispute Resolution and Arbitration

Informal Resolution First

If you have a dispute with us, please contact us first at [email protected]. We'll work in good faith to resolve the issue informally within 30 days.

Binding Arbitration

If we can't resolve a dispute informally, you and Shatuga agree that any dispute will be resolved through binding arbitration rather than in court, except as provided below.

Arbitration Opt-Out New

You may opt out of the arbitration and class action waiver provisions by sending written notice to [email protected] within 30 days of creating your account. Your notice must include your name, account email, and a clear statement that you wish to opt out. If you opt out, disputes will be resolved in the state or federal courts located in Buncombe County, North Carolina.

Arbitration Rules

• Administrator: Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules
• Location: Arbitration will take place in Buncombe County, North Carolina, or another mutually agreed location
• Costs: Shatuga will pay all AAA filing, administration, and arbitrator fees for claims under $10,000, unless the arbitrator finds your claim frivolous
• Decision: The arbitrator's decision is final and binding, with very limited rights of appeal
• Individual Basis: Arbitration will be conducted on an individual basis, not as a class action

Exceptions to Arbitration

Either party may bring a claim in small claims court if it qualifies. Either party may also seek injunctive or other equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

Class Action Waiver

You and Shatuga agree that disputes must be brought on an individual basis only, and not as a plaintiff or class member in any class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Governing Law

These Terms are governed by the laws of the State of North Carolina and the Federal Arbitration Act, without regard to conflict of law principles. Any arbitration or court proceeding will take place in North Carolina.

18. Export Controls and Sanctions Compliance New

Our services are operated from the United States. You represent and warrant that:

• You are not located in a country subject to a U.S. government embargo, and are not on any U.S. government restricted parties list
• You will comply with all applicable U.S. and international export control and sanctions laws and regulations
• You will not use our services to transfer data or technology in violation of export control laws

19. Electronic Communications Consent New

By creating an account or using our services, you consent to receive electronic communications from us (including emails, in-app notifications, and service announcements). You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. This consent applies to all notices under these Terms, including notices of changes to these Terms.

20. Miscellaneous

Entire Agreement

These Terms, along with our Privacy Policy, and any applicable Data Processing Agreement, constitute the entire agreement between you and Shatuga, LLC.

Survival New

The following sections survive termination or expiration of these Terms: Section 3 (Your Rights and Our Rights), Section 7 (AI-Generated Content), Section 13 (Indemnification), Section 14 (Liability and Disclaimers), Section 17 (Dispute Resolution and Arbitration), Section 18 (Export Controls), and this Section 20 (Miscellaneous).

Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full effect.

No Waiver

Our failure to enforce any provision doesn't waive our right to enforce it later.

Assignment

You may not transfer your rights under these Terms. We may transfer our rights in connection with a merger, acquisition, or sale of assets, with notice to you.

Force Majeure

We're not liable for delays or failures due to circumstances beyond our reasonable control (natural disasters, wars, pandemics, power outages, internet service disruptions, government actions, etc.).

Notice

We may provide notices to you via email or through our services. You may provide legal notices to us by email at [email protected] or by mail to:

Shatuga, LLC
140 College View Dr
Swannanoa, NC 28778
United States

21. Contact Us

Questions about these Terms? We're here to help:

Email: [email protected]
Mail: Shatuga, LLC, 140 College View Dr, Swannanoa, NC 28778
Response Time: We aim to respond within 2-3 business days

For privacy-related questions, see our Privacy Policy.

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