Terms of Service

Last Updated: April 2025

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:

You own what you build. Games, code, and assets you create on Capybara remain yours, subject to any third-party licenses you choose to use.
Use the service responsibly. Do not abuse the platform, attempt to break security, or use Capybara for illegal or harmful purposes.
Subscriptions and credits. Paid plans and credit top-ups are billed through Stripe. We refund any credits you have not used.
AI outputs are tools, not guarantees. Generated code, art, and other outputs are provided as-is. You are responsible for reviewing and shipping what you publish.
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 except where required by applicable law.

6. Your Content

Ownership: You retain ownership of games, projects, prompts, uploads, and other content you submit or generate through your account, to the extent permitted by law.
License to us: You grant Terminal Labs Inc. a limited license to host, process, display, and transmit your content solely to operate, secure, and improve Capybara (for example, running generation, previews, exports, and live services you enable).
Responsibility: You are solely responsible for your content and for ensuring you have the rights to use any materials you upload or publish, including third-party assets, trademarks, and music.

7. Acceptable Use

You agree not to:

Violate any applicable law or regulation.
Infringe intellectual property, privacy, or other rights of others.
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. Outputs may be inaccurate, incomplete, or unsuitable for production. 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. 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.

10. 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.

11. 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.

12. 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.

13. Indemnification

You agree to defend and indemnify Terminal Labs Inc. against claims, damages, and expenses (including reasonable legal fees) arising from your content, your use of Capybara, or your violation of these Terms.

14. 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.

15. 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.

16. 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.

17. Contact Us

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

Terminal Labs Inc. legal@terminalhq.com