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Terms of Service

Last Updated: September 1, 2026

The "TL;DR" for Builders

Capybara (a product of Terminal Labs Inc.) is a platform to help you build and ship games. By using our service, you agree to these terms. Here is the short version:

  1. Your game is yours, but third-party IP is not. As between you and Capybara, you retain your rights in what you provide and own any rights we may have in outputs generated specifically for you, to the extent permitted by law. Generating content with Capybara does not give you permission to use someone else's characters, franchises, brands, music, artwork, likeness, or other protected material.
  2. Use the service responsibly. Do not abuse the platform, attempt to break security, or use Capybara for illegal or harmful purposes.
  3. Subscriptions and credits. Paid plans and credit top-ups are billed through Stripe. We refund any credits you have not used.
  4. You are responsible for what you publish. Generated code, art, audio, and other outputs are provided as-is. You must review your game and have the rights needed to publish or distribute it. We may remove content that infringes another person's rights.
  5. We can change or discontinue features. We may update the product, pricing, or these terms with reasonable notice for material changes.

1. Who We Are

Capybara.build is owned and operated by Terminal Labs Inc., a company incorporated in Canada. When we say "we," "us," or "our," we are referring to Terminal Labs Inc. When we say "you" or "your," we mean the person or entity using Capybara.

2. Acceptance of Terms

By creating an account, signing in, or otherwise using Capybara, you agree to these Terms of Service and our Privacy Policy. If you do not agree, do not use the service.

3. The Service

Capybara provides tools to create, edit, preview, and export games, including AI-assisted generation of code, assets, and related content. We may add, change, or remove features at any time. We do not guarantee uninterrupted availability and may perform maintenance or experience outages.

4. Accounts

You must provide accurate account information and keep your credentials secure. You are responsible for activity under your account. Notify us promptly if you suspect unauthorized access.

5. Subscriptions, Credits, and Billing

  • Plans and usage: Paid subscriptions and credit packs are described on our pricing pages and at checkout.
  • Payment: Billing is processed by Stripe. You authorize us and Stripe to charge your payment method for applicable fees.
  • Renewals and cancellation: Subscriptions renew according to the plan you select until you cancel. Cancellation stops future charges; access may continue until the end of the current billing period unless otherwise stated.
  • Refunds: We refund any credits that have not been used. Subscription fees and credits already consumed are otherwise non-refundable.

6. Your Inputs, Generated Output, and Games

  • Definitions: "Input" means prompts, uploads, code, images, audio, instructions, and other material you provide to Capybara. "Generated Output" means code, images, audio, text, and other material generated for you through Capybara. "Game" means the project you assemble using Inputs, Generated Output, and any other material you choose to include.
  • Ownership between you and us: You retain your ownership rights in your Inputs. As between you and Terminal Labs Inc., and to the extent permitted by applicable law, you own the rights, if any, in Generated Output created specifically for you. Terminal Labs Inc. assigns to you any right, title, and interest it may have in that Generated Output. This does not transfer rights in Capybara's platform, editor, generation systems, APIs, runtime, libraries, branding, or other platform software, nor does it transfer rights in third-party material or other users' content.
  • Rights required from you: You represent and warrant that you have all rights, licenses, permissions, and consents necessary to provide your Inputs and to create, publish, and distribute your Game. This includes any rights required for copyrighted works, characters, franchise properties, artwork, music, trademarks, logos, photographs, voices, names, likenesses, and other protected material. Generating or modifying material through Capybara does not grant you rights in third-party intellectual property.
  • License to operate Capybara: You grant Terminal Labs Inc. a worldwide, non-exclusive, royalty-free license to host, process, reproduce, display, adapt for technical purposes, and transmit your Inputs, Generated Output, and Games only as reasonably necessary to provide, secure, support, and improve Capybara, including generation, previews, exports, and live services you enable.
  • Embedded platform software: If a Game or export includes Capybara platform software, we grant you a non-exclusive, worldwide, royalty-free license to use and distribute that software only as incorporated into your Game and only in accordance with these Terms. You may not extract, resell, or distribute that software on a standalone basis.

7. Acceptable Use

You agree not to:

  • Violate any applicable law or regulation.
  • Create, upload, publish, or distribute content that infringes or misappropriates another person's copyright, trademark, privacy, publicity, personality, or other proprietary rights.
  • Upload malware, attempt unauthorized access, or interfere with the platform or other users.
  • Use the service to generate or distribute illegal, abusive, or deceptive content.
  • Resell or misrepresent access to Capybara without our written permission.
  • Circumvent usage limits, billing, or security controls.

We may suspend or terminate accounts that violate these rules.

8. AI-Generated Output

AI-assisted features produce suggestions and drafts, not finished products. Generated Output may be inaccurate, incomplete, unsuitable for production, or the same as or similar to material generated for other users. We do not guarantee that Generated Output is copyrightable, exclusive, or free from third-party intellectual property, privacy, publicity, personality, or other rights. You must review, test, and comply with applicable laws before publishing or distributing anything you build with Capybara. We do not warrant that generated code, assets, or other outputs will be error-free or fit for a particular purpose.

9. Publishing and Distribution

When you publish a Game or make its game page public, you direct Terminal Labs Inc. to host and make that Game available to others. You grant us a worldwide, non-exclusive, royalty-free license to host, reproduce, transmit, publicly display, publicly perform, and technically adapt the published Game as reasonably necessary to operate, distribute, and promote it within Capybara. This license continues while the Game is published or otherwise hosted at your direction and for a reasonable period afterward for backups, caching, security, and legal compliance.

You are responsible for your published Game, its content, and your decision to distribute it. You must obtain any permissions, releases, ratings, disclosures, or licenses required for its intended audience and use. Unpublishing a Game stops future availability through its Capybara URL, but it may not remove copies previously downloaded, shared, cached, or indexed by third parties.

10. Intellectual Property Complaints and Removal

We respect the intellectual property rights of others. If we receive a sufficiently detailed infringement report, become aware of potentially infringing content, or reasonably believe content violates these Terms, we may investigate and remove, disable, or unpublish the content without prior notice. We may suspend or terminate accounts involved in repeated or serious infringement. Where appropriate or legally required, we may notify the affected user and allow a response or counter-notice.

Instructions for reporting copyright, trademark, and other intellectual property concerns are available in our Copyright and Intellectual Property Policy. We do not promise to proactively monitor every Game or Generated Output for possible infringement.

11. Capybara Intellectual Property

Capybara, our branding, website, and underlying platform technology are owned by Terminal Labs Inc. or our licensors. These Terms do not grant you ownership of our platform except for the limited right to use it as provided here.

12. Third-Party Services

Capybara may integrate with or link to third-party services (for example, authentication providers, payment processors, analytics, or model providers). Your use of those services may be subject to their own terms and policies.

13. Disclaimer of Warranties

To the fullest extent permitted by law, Capybara is provided "as is" and "as available" without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

14. Limitation of Liability

To the fullest extent permitted by law, Terminal Labs Inc. and its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, goodwill, or business opportunities arising from your use of Capybara. Our total liability for any claim relating to the service is limited to the greater of (a) amounts you paid us for the service in the twelve months before the claim, or (b) one hundred Canadian dollars (CAD $100), except where liability cannot be limited under applicable law.

15. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Terminal Labs Inc. and its affiliates, officers, employees, and agents from claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising from or relating to your Inputs, Generated Output, Games, publication or distribution of your Games, infringement or alleged infringement of third-party rights, your use of Capybara, or your violation of these Terms.

16. Termination

You may stop using Capybara at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or if we discontinue the service. Sections that by their nature should survive termination (including ownership, disclaimers, liability limits, and indemnity) will survive.

17. Governing Law

These Terms are governed by the laws of Canada and the province in which Terminal Labs Inc. is incorporated, without regard to conflict-of-law rules. Courts in that jurisdiction will have exclusive venue for disputes, except where consumer protection laws in your country require otherwise.

18. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you via the email associated with your account or through a prominent notice on capybara.build. Continued use after the effective date constitutes acceptance of the updated Terms.

19. Contact Us

If you have questions about these Terms, contact us at:

Terminal Labs Inc. legal@terminalhq.com