Terms of Service

1. Agreement and eligibility

These Terms of Service are an agreement between you and InterContinental Digital Technologies Inc., which operates the Terrestrial brand. In these Terms, “Terrestrial,” “we,” “us” and “our” mean InterContinental Digital Technologies Inc.

You accept these Terms when you affirmatively check the acceptance control presented by Terrestrial, create an account, convert a guest workspace into an account, or start or recover a guest workspace through a flow that requires acceptance. The accompanying acknowledgment of our Privacy Policy confirms that you have been given the opportunity to review it; it does not turn the Privacy Policy into a contract or waive any privacy right.

You may use Terrestrial as a consumer. Nothing in these Terms excludes consumers or limits a mandatory consumer protection that applicable law does not allow us to limit.

You must:

• have reached the age of majority in the place where you live;
• have the legal capacity to enter a binding agreement; and
• if you use Terrestrial for an organization, have authority to accept these Terms for that organization.

If you accept these Terms for an organization, both you and the organization are bound, and “you” includes that organization where the context permits. If you do not meet these requirements or do not agree to these Terms, do not create or use an account or guest workspace.

In these Terms:

• “Service” means Terrestrial’s website, builder, hosting, publication, Terrestrial Cloud and related features;
• “Content” means prompts, conversations, source code, files, images, data and other material you submit to the Service;
• “Output” means source code, text, images, plans, recommendations and other material generated or transformed through the Service; and
• “Generated Application” means an application, website or related project that you build, import, edit, preview, host or publish using the Service.

2. Accounts and guest workspaces

You must provide accurate account information and keep it reasonably current. You are responsible for protecting your login credentials, connected-account credentials and devices, and for activity under your account except to the extent caused by Terrestrial’s breach of a duty that applicable law does not allow us to exclude. Do not share personal credentials or allow another person to impersonate you. Notify us promptly if you believe an account, credential, project or integration has been accessed without authorization.

Organization owners and administrators are responsible for managing membership, roles, invitations and billing authority within their organization. Actions by authorized members may affect shared projects, pooled usage and organization resources.

Guest workspaces are designed to be temporary. Guest recovery depends on limited browser and server records and may expire, be revoked or become unavailable. You are responsible for registering, saving or exporting work you want to keep before the guest recovery period ends or browser access is lost. We do not guarantee that an expired or inaccessible guest workspace can be recovered.

You may not sell, transfer or assign your account or falsely claim another person’s or organization’s identity. Terrestrial may require reasonable verification before changing ownership, restoring access or processing a sensitive request.

3. The Service

Terrestrial provides tools for AI-assisted application generation, planning, editing, preview, collaboration, testing, repair, version history, cloud features, integrations, hosting and publication. Features, usage limits, model availability, providers, supported dependencies and plan entitlements may vary.

Some features may be described as beta, preview, experimental or similar. They may be incomplete, change without the same notice as generally available functionality, or fail in ways that result in lost time or work.

We may improve, modify, limit or discontinue features. If a change materially affects a paid consumer subscription, we will provide notice or obtain consent where required by law. No service-level agreement, uptime commitment or support-response commitment applies unless contained in a separate written agreement signed by us.

4. Your Content

As between you and Terrestrial, you keep the rights you have in your Content. You give Terrestrial a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, display, transform and otherwise process your Content only as reasonably needed to provide, secure, support and maintain the Service. This includes processing needed to generate Output, run builds and tests, support collaboration, operate integrations, store project history and publish at your direction.

This licence permits us to use service providers and subprocessors for those purposes and to make Content available to collaborators, organization members, end users or the public when you direct us to share or publish it. The licence lasts while reasonably needed for those purposes and may continue for limited periods in backups, security records, legal records or copies already provided to recipients.

You represent that you have the rights and permissions needed to submit and use your Content and to authorize the processing described in these Terms. You are responsible for Content submitted by you or through your projects and for ensuring that it is lawful and does not infringe another person’s rights.

When you invite collaborators or transfer project ownership, you authorize the resulting access and control that the selected role or transfer provides. Review invitations and sharing settings carefully.

If you voluntarily provide product feedback, you grant Terrestrial a perpetual, worldwide, royalty-free right to use, modify and incorporate that feedback without restriction or compensation. Do not include another person’s confidential information in feedback.

5. Generated Output and artificial intelligence

As between you and Terrestrial, and to the extent permitted by law and applicable provider terms, you may use Output generated for you. Terrestrial does not claim ownership of your Output merely because it was generated through the Service.

Output may be inaccurate, incomplete, outdated, insecure, offensive, non-unique or unsuitable for your purpose. The same or similar Output may be provided to another user. Output may contain or resemble material subject to copyright, open-source licences, trademarks, publicity rights, privacy rights or other third-party rights. Applicable third-party or open-source licence terms continue to apply.

You must independently review, test and validate Output before relying on, deploying or publishing it. This includes reviewing functionality, security, privacy, accessibility, intellectual-property rights, dependency licences, legal compliance and the accuracy of any statements or calculations. Security scans, browser tests, monitoring and AI review are limited tools, not professional audits, certifications or guarantees.

Output is not medical, legal, financial, accounting or other professional advice. Do not use Output as the sole basis for decisions concerning health, safety, employment, credit, housing, insurance, legal rights, financial eligibility or another regulated or high-impact matter.

6. Applications you create

You are responsible for each Generated Application you own or operate, including:

• its legality, accuracy, content and functionality;
• its privacy notices, consent mechanisms, cookie practices and retention choices;
• its end-user terms, customer service, accessibility and security configuration;
• its collection, use, disclosure and protection of end-user information;
• products, services, communications and transactions offered through it;
• taxes, refunds, returns, fulfilment, delivery and regulatory obligations;
• third-party code, integrations and content used by it; and
• reviewing, testing, maintaining and updating it.

Terrestrial’s Privacy Policy and Terms do not automatically become the privacy policy or terms of your Generated Application. You must provide notices and obtain consents appropriate to your application and its users.

When your Generated Application collects information and you determine why and how that information is used, you are responsible for that processing to the extent required by applicable law. Terrestrial may process information for you as a service provider and may also process limited information for its own security, billing, legal and Service-operation purposes as described in the Privacy Policy.

Publishing can make selected Content and functionality available to anyone with access to the published address. Password protection, member restrictions and private preview links reduce access but do not eliminate all risk of copying, sharing or unauthorized access.

Transactions between you and an end user of your Generated Application are between you and that end user. Terrestrial is not the seller, merchant, employer, adviser or contracting party for those transactions merely because the Service supplies hosting, cloud features or an integration.

7. Acceptable use and restricted data

You must not use the Service or a Generated Application to:

• violate a law, court order, sanction or another person’s rights;
• infringe intellectual property, privacy, publicity, confidentiality or contractual rights;
• create, distribute or facilitate malware, ransomware, phishing, credential theft, spam, fraud or unauthorized access;
• probe, bypass or defeat authentication, access controls, security safeguards, quotas, rate limits or usage restrictions;
• exploit or harm children or vulnerable people;
• conduct abusive surveillance, stalking, harassment, discrimination or unlawful profiling;
• impersonate a person or misrepresent the source, approval or capabilities of content or a service;
• interfere with the Service, consume disproportionate resources, run cryptocurrency mining or burden infrastructure without authorization;
• extract, scrape or reverse engineer protected parts of the Service except to the limited extent applicable law expressly permits despite this restriction;
• upload secrets outside designated secret controls; or
• assist another person in doing any of the above.

Unless a separate written agreement signed by Terrestrial expressly permits it, you must not submit to the Service or configure a Generated Application to process:

• protected health information or other regulated personal health information;
• full payment-card information outside an approved hosted payment flow;
• social-insurance numbers, government-identification numbers or copies of identity documents;
• biometric or genetic identifiers;
• personal information about children;
• classified, defence-controlled or export-controlled information;
• highly sensitive credentials or authentication secrets outside designated secret controls; or
• information used to make safety-critical or legally regulated automated decisions, including decisions about health care, employment, credit, housing, insurance or legal eligibility.

Terrestrial may investigate suspected misuse and may remove Content, restrict functionality, unpublish a Generated Application, suspend access or report conduct when reasonably necessary to protect the Service, users or others or to comply with law. We are not required to monitor every project or Generated Application.

8. Integrations and secrets

Optional AI, GitHub, deployment, payment, email, authentication, storage, domain, anti-abuse and other integrations are subject to the third party’s own terms, privacy practices, fees, limits and availability.

By enabling an integration, you authorize Terrestrial to transmit information and perform the operations you request on the connected account. You must have authority to connect the account, repository, domain, secret, payment configuration or other resource.

Place credentials and secrets only in the controls designated for secrets. Do not put them in prompts, source files, logs, screenshots or ordinary collection fields. You remain responsible for selecting appropriate permissions, rotating credentials when needed and reviewing what an integration can access.

Where technically possible, Terrestrial may suspend, disconnect or rotate an integration credential when reasonably necessary to contain a security risk, respond to revocation or comply with law. We are not responsible for a third party’s independent service, acts, omissions, policy changes, pricing, outages or data handling, subject to rights that applicable law does not allow us to exclude.

9. Paid plans, automatic renewal and refunds

Prices, currency, included usage, plan limits, billing interval and applicable taxes are shown at checkout or in an applicable order.

Recurring subscriptions renew automatically at the price and billing interval shown at checkout until cancelled. Cancelling stops future renewals. Charges are final and non-refundable except where required by law.

By completing checkout, you authorize the payment provider to charge the selected payment method for the initial period and each renewal. Account-creation acceptance is not treated as purchase consent; checkout requires a separate acceptance of the applicable purchase terms.

You may cancel through the billing or customer-portal controls made available for your account. Cancellation takes effect at the end of the then-current paid period unless applicable law or an express checkout term requires an earlier effect. Cancellation does not retroactively refund the current period or unused allowances.

Except where mandatory law or an express checkout term requires otherwise, subscription and other Service charges are final and non-refundable, including for:

• partial billing periods;
• unused time, credits, storage, quotas or other allowances;
• downgrades;
• suspension or termination for breach;
• dissatisfaction with Generated Output; or
• a decision not to use the Service after purchase.

If we propose a different renewal price or another material change, it applies only to future periods after the notice and express consent required by applicable law. You may cancel before the affected renewal. A failed or reversed payment may result in loss of paid entitlements or suspension after any notice required by law.

You are responsible for taxes that the law requires you to pay, except taxes based on Terrestrial’s net income. The payment provider may calculate and collect taxes based on the information supplied at checkout.

Any trial, promotion, credit or special checkout term applies only as expressly stated and does not create an ongoing entitlement.

10. Terrestrial intellectual property

Terrestrial and its licensors retain all rights in the Service, including its platform code, interface, design, documentation, workflows, trademarks, logos and other brand material. These Terms give you only the limited right to access and use the Service in accordance with your plan and these Terms.

You may not use the Terrestrial name, marks or branding in a way that suggests sponsorship, endorsement or affiliation without written permission. Nothing in this section changes your rights in your Content or the treatment of Output described above.

11. Availability, backups, suspension and termination

The Service may be interrupted, delayed, unavailable or changed. Providers, networks, models, builds, deployments, integrations and Generated Applications may fail. Unless a separate signed agreement says otherwise, there is no service-level commitment.

Keep independent copies and exports of Content and Generated Applications that matter to you. Terrestrial’s version history, object storage, browser recovery and operational backups are not a substitute for your own backups. We do not promise that any particular item can be restored.

You may stop using the Service at any time and may cancel a paid subscription as described above. Before cancelling, deleting or transferring an account or project, export anything you need. No post-termination export window is guaranteed.

Terrestrial may rate-limit, restrict, unpublish, suspend or terminate access if we reasonably believe there is:

• a material or repeated breach of these Terms;
• non-payment;
• a security, legal or regulatory risk;
• abuse, fraud or unauthorized use;
• material harm to the Service, a provider, a user or another person; or
• a requirement to do so by law or a provider whose service is necessary to the affected functionality.

Where appropriate and legally required, we will provide notice and a reasonable opportunity to address the issue. Immediate action may be necessary for urgent security, legal or harm-prevention reasons.

Deletion or termination may not immediately remove copies already received by collaborators or end users, provider caches, publication caches, limited backups, security records, payment records, acceptance records, audit evidence or records retained for legal purposes.

12. Disclaimers

To the maximum extent permitted by law, the Service, Output, Generated Applications, security reviews, browser tests, monitoring, integrations and all related materials are provided “as is,” “as available” and with all faults.

To the maximum extent permitted by law, Terrestrial and the protected persons identified below disclaim all representations, warranties and conditions, whether express, implied, statutory or collateral, including warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement and accuracy.

We do not promise that:

• the Service or a Generated Application will be uninterrupted, secure, error-free or recoverable;
• Content, Output or data will never be lost, changed or accessed without authorization;
• a build, security scan, browser test or monitor will identify every defect or vulnerability;
• Output will be accurate, unique, lawful, non-infringing or suitable for production;
• an integration, provider, model, deployment or published application will remain available;
• any feature satisfies a certification, regulatory or professional standard; or
• the Service is suitable for medical, legal, financial, employment, credit, housing, safety-critical or other regulated decisions.

Advice or information obtained from the Service does not create a warranty not expressly stated in these Terms.

This section does not exclude a representation, warranty, condition or remedy that applicable law does not permit us to exclude.

13. Limits on liability

To the maximum extent permitted by law, InterContinental Digital Technologies Inc. and the protected persons identified below will not be liable for any indirect, incidental, special, exemplary, punitive or consequential loss or damage, or for loss of profits, revenue, data, goodwill, business opportunity, anticipated savings, business interruption or the cost of substitute services.

To the maximum extent permitted by law, the total aggregate liability of InterContinental Digital Technologies Inc. and all protected persons for all claims arising out of or relating to the Service, Output, Generated Applications or these Terms will not exceed the greater of:

1. CAD $100; and
2. the fees the claimant actually paid to Terrestrial for the Service during the 12 months immediately before the event giving rise to the claim.

These exclusions and limits apply collectively, not per claim, and apply regardless of the legal theory, including contract, tort, negligence, statute, restitution or otherwise; whether a loss was foreseeable; whether we were advised that it might occur; and even if a limited remedy fails of its essential purpose.

The limit applies to liability of Terrestrial and the protected persons. It does not limit your obligation to pay valid charges or any indemnity obligation that applies under section 15.

Nothing in these Terms excludes or limits liability, damages or remedies to the extent applicable law prohibits that exclusion or limitation. Non-waivable consumer rights remain unaffected.

14. Corporate counterparty and protected persons

Your agreement is with InterContinental Digital Technologies Inc., not with any individual shareholder, director, officer, employee, contractor or agent.

To the maximum extent permitted by law, any claim arising out of or relating to Terrestrial, the Service or these Terms must be asserted only against InterContinental Digital Technologies Inc. You agree not to seek personal recovery from its shareholders, directors, officers, employees, contractors or agents, collectively the “protected persons.”

The protected persons are intended beneficiaries of sections 12, 13, 14, 15, 17, 18, 19 and 20 and may rely on and enforce those protections.

This section does not prevent a claim to the extent applicable law does not permit the protection or where a protected person is independently liable under a rule of law that cannot contractually be excluded.

15. Indemnity

To the maximum extent permitted by law, you will defend, indemnify and hold harmless InterContinental Digital Technologies Inc. and the protected persons from third-party claims, liabilities, damages, judgments, losses and reasonable legal and professional costs to the extent caused by:

• your Content or Generated Application;
• products, services, communications or end-user transactions offered through your Generated Application;
• an allegation that your Content, instructions, use or Generated Application infringes another person’s rights;
• your privacy, security, consent, retention or data-handling practices;
• taxes, refunds, returns, fulfilment or other obligations connected with your activities;
• your integrations, connected accounts or misuse of credentials;
• your unlawful or prohibited use of the Service; or
• your material breach of these Terms.

Terrestrial may control the defence and settlement of a covered claim. You will provide reasonable cooperation. We will not agree to a settlement that requires you to admit fault or accept a non-monetary obligation without your consent, which will not be unreasonably withheld.

This indemnity applies only to the extent the claim was caused by your act, omission, Content, application or breach. It does not require indemnification for a claim to the extent caused by Terrestrial’s own conduct for which applicable law makes Terrestrial responsible.

Nothing in this section limits a mandatory consumer right or imposes an indemnity that applicable law does not permit.

16. Changes to these Terms

We may revise these Terms to reflect changes to the Service, law, providers, security practices or business operations.

We will communicate a material change through the Service, the email associated with an account, or another legally permitted method before it takes effect when required. We will obtain a new acceptance when contract or consumer law requires one. A material change to an ongoing consumer transaction will not be treated as accepted merely because you failed to opt out where applicable law requires express consent.

If you do not accept a revised version, you may stop using the Service and cancel future subscription renewals. Terms in effect at the time of a completed purchase continue to govern that purchase except to the extent a lawful later change is accepted or mandatory law applies.

A change to sections 17, 18 or 19 does not apply retroactively to a dispute for which either party had received written notice before the change took effect.

17. Notice of Dispute and individual proceedings

Before commencing a court or other covered proceeding, the claimant must send an individualized written “Notice of Dispute” and allow 60 days for good-faith efforts to resolve the matter.

A Notice of Dispute must include:

• the claimant’s name and account email, if applicable;
• the facts giving rise to the dispute;
• the legal or contractual basis of the claim, if known;
• the specific relief requested and any amount claimed; and
• enough information for the other party to evaluate the claim.

You may send a Notice of Dispute to privacy@useterrestrial.com with the subject line “Notice of Dispute.” We may send one to the email associated with your account. Either party may request reasonable verification and a physical notice address if required for a formal proceeding.

The parties will use the 60-day period to try to resolve the dispute individually. An applicable limitation period is suspended during that period only to the extent legally permitted. If filing is reasonably necessary to preserve a claim because a period cannot legally be suspended, a party may file for that limited purpose and must request that the proceeding be stayed until the 60-day process is complete, where permitted.

To the maximum extent permitted by law, each party may bring a claim only in its individual capacity. Each party waives participation as a plaintiff, claimant or class member in a class, collective, consolidated, coordinated, mass, representative, private-attorney-general or similar proceeding. A court may award relief only to the individual party seeking it and only to the extent necessary to resolve that party’s claim.

This section does not prevent a complaint to a regulator or exercise of a statutory process that applicable law does not allow the parties to waive.

18. No compelled arbitration; governing law and courts

Neither party may compel arbitration under these Terms. Mediation or arbitration may occur only if both parties sign a separate written agreement after the particular dispute has arisen. Participation in voluntary settlement discussions does not waive the right to court.

These Terms and covered disputes are governed by the laws of New Brunswick and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. This choice does not deprive a consumer of a mandatory protection of the law of the consumer’s province, territory or country of residence that cannot legally be excluded.

To the maximum extent permitted by law, each covered proceeding must be commenced and maintained exclusively in the Court of King’s Bench of New Brunswick, with appeals only to a court having lawful appellate jurisdiction. Each party submits to those courts.

To the maximum extent permitted by law, each party waives the right to initiate or maintain a covered claim in the Small Claims Court of New Brunswick or another small-claims tribunal. If a court transfers a matter despite that waiver or the waiver is not enforceable, the parties will comply with the court’s order.

Nothing in this section prevents:

• a complaint or report to a regulator, privacy commissioner, law-enforcement body or other public authority;
• a statutory remedy or forum that applicable law does not permit the parties to waive; or
• a request for temporary injunctive relief in a court with jurisdiction when reasonably necessary to prevent imminent unauthorized access, security harm, infringement or misuse while the parties complete the pre-suit process.

19. Time limits for claims

To the maximum extent permitted by law, a user acting for business, commercial, professional or organizational purposes must commence a claim within one year after the claim arose.

A mandatory shorter period continues to apply. If applicable law requires a longer period or prohibits contractual shortening for a particular claim, the legally required period applies instead.

For a consumer, a claim must be commenced within the shortest period that applicable law permits these Terms to impose. Nothing in these Terms shortens a consumer limitation period that cannot legally be shortened.

Section 17 does not intentionally cause a claim to expire. Any suspension, extension or preservation filing operates only as permitted by applicable law.

20. General terms and separate severability

Assignment. You may not assign these Terms, an account or an organization subscription without our written consent. Terrestrial may assign these Terms to an affiliate or in connection with a merger, reorganization, financing or sale of all or substantially all of the affected business or assets, subject to notice and consumer rights required by law. An assignment does not remove rights that applicable law makes non-waivable.

Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, widespread network or cloud failures, labour disruptions, war, terrorism, civil disorder, government action or provider failure, except that this does not excuse payment already due or an obligation applicable law does not permit the parties to excuse.

Export and sanctions. You must comply with trade, export-control and sanctions laws applicable to your use of the Service and may not use the Service where that use is legally prohibited.

Notices. We may provide operational or legal notices through the Service or the email associated with your account, except where law requires another method. You are responsible for keeping that email current. Notices of Dispute, copyright complaints and legal notices to Terrestrial may be sent as described in section 21. A mailing address will be provided when requested or procedurally required.

Entire agreement and priority. These Terms and any applicable checkout, order or separately signed terms form the entire agreement about the Service and replace prior discussions on the same subject. A separately signed agreement controls over these Terms for its subject matter. Specific checkout or order terms control over inconsistent general terms for that purchase. The Privacy Policy describes privacy practices and legal rights; it is not incorporated as a contractual warranty.

Independent parties. The parties are independent contractors. These Terms do not create an employment, partnership, franchise, fiduciary, agency or joint-venture relationship.

No waiver. A failure or delay in enforcing a provision is not a waiver. A waiver must be in writing and applies only to the specific instance stated.

Separate severability. Each of the following is a separate and independently severable provision: every warranty or condition exclusion; each excluded category of damages; the aggregate liability cap; the corporate-counterparty protection; each protected-person protection; each indemnity obligation; the pre-suit notice requirement; the individual-claim requirement; each class, collective, consolidated, coordinated, mass, representative and private-attorney-general waiver; the Small Claims Court waiver; the forum restriction; the restriction against compelled arbitration; and each claim-period restriction.

If any provision is invalid, unlawful or unenforceable, it will be narrowed only to the minimum extent necessary to make it enforceable or, if narrowing is not possible, severed. No invalidity of one provision invalidates another separate protection or the remainder of these Terms.

Survival. Provisions that by their nature should continue after termination survive, including provisions concerning ownership, payment, disclaimers, liability, protected persons, indemnity, disputes, claim periods and general terms.

Headings. Headings and summaries assist readability and do not change the meaning of the operative text.

21. Contact

Questions about these Terms, Notices of Dispute, copyright complaints and legal notices may be sent to:

InterContinental Digital Technologies Inc. (Terrestrial) New Brunswick, Canada privacy@useterrestrial.com

Our mailing address is available upon request at the email address above. We may require reasonable identity, authority or claim verification before acting on a request.

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