Terms of service

Contents

• 1. Welcome and agreement
• 2. About our service
• 3. Your account
• 4. Acceptable use
• 5. Content and intellectual property
• 6. Payments and billing
• 7. Privacy
• 8. Disclaimers and limitations
• 9. Dispute resolution
• 10. Arbitration opt-out
• 11. Changes and termination
• 12. Data retrieval and deletion on termination
• 13. Confidentiality
• 14. Indemnification
• 15. Service levels
• 16. Force majeure
• 17. Beta and preview features
• 18. Order of precedence
• 19. General legal
• 20. Contact information

1. Welcome and agreement

Welcome to Tovio, LLC. We provide a modern version control system built for human software teams and AI coding agents.

By registering for an account, accessing our websites, or using our hosted services, you agree to be bound by these Terms of Service. If you are accepting these terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to this agreement. If you do not agree with these terms, you may not use our services.

2. About our service

These terms govern your use of our hosted commercial service, known as TOVIO Cloud. This includes the hosted Forge (forge.tovio.dev), our web dashboard (app.tovio.dev), our paid subscriptions, and our informational websites (tovio.dev and docs.tovio.dev).

Open source and commercial software

Our client software, including our CLI, desktop app, IDE extensions, MCP server, and SDKs, is open source and governed by the Apache License 2.0. The proprietary components that power TOVIO Cloud are licensed under our commercial license and governed by these terms.

Eligibility

Our service is built for developers and businesses, not for children. You must be at least 16 years old (or the age of digital consent in your country, if higher) and capable of forming a binding contract to use TOVIO Cloud.

3. Your account

To use TOVIO Cloud, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account details updated.

Security and AI agent authorization

You are solely responsible for maintaining the security of your account credentials. Because our platform is designed to integrate deeply with AI coding agents, you carry a special responsibility: you are strictly liable for the actions of any AI agents you authorize to act on your behalf. You are also responsible for all repository content, AI-agent transcripts, and credentials you upload or connect to our platform. If you suspect your account or any authorized AI agent has been compromised, you must notify us immediately.

4. Acceptable use

We want TOVIO Cloud to be a safe, reliable environment for all developers. When using our service, you agree not to:

• Upload or distribute malicious code, malware, or materials intended to harm or disrupt other systems.
• Use our platform to violate any applicable laws, including intellectual property and privacy laws.
• Attempt to probe, scan, or test the vulnerability of our systems or networks without our express written permission.
• Overload, spam, or otherwise abuse our infrastructure or APIs beyond reasonable usage limits.
• Authorize AI agents to perform malicious, destructive, or illegal actions on our platform or third-party platforms connected through our service.

We reserve the right to suspend or terminate accounts that violate these acceptable use boundaries.

Our Acceptable use policy forms part of these Terms and describes these rules, and how we enforce them, in more detail.

5. Content and intellectual property

Your content

You retain full ownership of all intellectual property rights in the code, repository content, and AI-agent transcripts you upload to TOVIO Cloud. By uploading content, you grant us a worldwide, royalty-free, non-exclusive license to host, store, parse, display, and reproduce your content strictly for the purpose of providing the service to you.

Our intellectual property

Tovio, LLC retains all rights, title, and interest in TOVIO Cloud, our proprietary software, our branding, and our websites. Using our service does not grant you ownership of any of our intellectual property.

6. Payments and billing

We offer Free, Personal, Business, and Enterprise plans. All payments are processed securely through Stripe and billed in US dollars.

Trials and subscriptions

Our Business plan includes a 14-day free trial with no credit card required upfront. Paid subscriptions renew automatically at the end of each billing cycle. You may cancel your subscription at any time; your cancellation will take effect at the end of your current billing period.

Failed payments

If a payment fails, we provide a 14-day grace period for you to update your billing information. If the balance remains unpaid after 14 days, your subscription and access to paid features will be suspended.

Refunds

We do not offer automatic refunds for partial months of service or unused time. Enterprise plans run for a strict 12-month term and are entirely non-refundable. However, Tovio, LLC may, at its sole discretion, issue credits up to the total amount charged. Our Refund policy forms part of these Terms and describes cancellation, refunds, and credits in more detail.

7. Privacy

Protecting your data is a core priority. Our data practices are detailed in our Privacy policy, which explains how we handle personal data under the GDPR, CCPA/CPRA, and UK data protection laws.

In short, we collect basic analytics and use cookies to operate our service. We do not sell or share your personal information as defined by US state privacy laws. We use trusted third-party sub-processors to deliver our service, including Stripe (payments), Cloudflare (hosting), Google and Apple (single sign-on), WorkOS (enterprise directory sync), and Featurebase (feedback and help center).

Our Data processing addendum forms part of these Terms. It applies when we process personal data on your behalf in providing TOVIO Cloud, and for that processing it controls over the rest of these Terms.

8. Disclaimers and limitations

Service "as is"

Except as expressly provided in a separate written agreement, TOVIO Cloud is provided on an "as is" and "as available" basis. We disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the service will be entirely free of bugs, errors, or interruptions.

Limitation of liability

To the maximum extent permitted by law, Tovio, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill. In no event shall our total liability arising out of or related to these terms exceed the total amount you paid to us in the twelve (12) months preceding the event giving rise to the claim.

9. Dispute resolution

If you have an issue with our service, we want to fix it. You agree to contact us first at legal@tovio.dev to attempt to resolve the dispute informally.

If we cannot resolve the dispute informally within 30 days, any remaining dispute shall be resolved through binding, individual arbitration rather than in court. You and Tovio, LLC agree to waive the right to a trial by jury and the right to participate in a class action lawsuit. This arbitration provision does not preclude either party from seeking individualized relief in small claims court for disputes that qualify.

10. Arbitration opt-out

You have the right to opt out of the arbitration agreement and class action waiver outlined in Section 9. To do so, you must send us written notice of your decision to opt out within thirty (30) days of creating your account.

Savings clause: If a court decides that the class-action waiver is unenforceable or invalid as to a specific claim, then the arbitration agreement shall be void solely as to that specific claim, and that claim must be brought in a court of competent jurisdiction.

11. Changes and termination

Changes to terms

We may update these terms from time to time to reflect changes in our business or legal requirements. If we make material changes, we will notify you via email or through a prominent notice on our dashboard before the changes take effect. Continued use of the service after the effective date constitutes your acceptance of the new terms.

Termination

You may terminate your account at any time through your account settings. We reserve the right to suspend or terminate your access to the service if you breach these terms, fail to pay fees, or if we are required to do so by law.

12. Data retrieval and deletion on termination

Your repositories remain yours. Before you close your account or your subscription ends, you can retrieve your repository content and history, including attached AI-agent transcripts, using the TOVIO client software (for example, by cloning or syncing the repository to your own machine). We do not currently provide a separate self-service export of account data; you may request a copy of your personal data by emailing privacy@tovio.dev.

Closing your account ends your access and revokes your active sessions. To have your personal data deleted, email privacy@tovio.dev. We complete deletion requests within 30 days, subject to legal holds and to records we must keep for billing, tax, security, or legal obligations, as described in our Privacy policy.

13. Confidentiality

During your use of the service, both you and Tovio, LLC may share non-public, confidential information with each other. Both parties agree to protect the other's confidential information with the same degree of care used to protect their own, and not to use it for any purpose outside the scope of this agreement. This obligation does not apply to information that is already public, independently developed, or required to be disclosed by law.

14. Indemnification

By you: You agree to indemnify and hold harmless Tovio, LLC from any claims, damages, or legal fees arising from the content you upload, your misuse of the service, or the actions of AI agents you have authorized on your account.

By us: Tovio, LLC agrees to indemnify and hold you harmless from any third-party claims alleging that TOVIO Cloud itself infringes on their intellectual property rights, provided you notify us promptly of the claim and give us sole control over the defense and settlement.

15. Service levels

We strive to keep TOVIO Cloud highly available and performant. However, subscriptions do not include a guaranteed uptime commitment. Service-level agreements and any corresponding service credits, if offered, are available only under a separate written agreement.

16. Force majeure

Neither party will be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due) resulting from events beyond their reasonable control. This includes natural disasters, acts of war or terrorism, labor disputes, governmental actions, or widespread internet or power outages.

17. Beta and preview features

We frequently release new tools labeled as "Beta," "Preview," or "Experimental." These features are provided strictly "as is" so we can gather user feedback. They may contain bugs, may change rapidly, or may be withdrawn entirely without notice. Beta features are explicitly excluded from any service commitments or warranties.

18. Order of precedence

If you are an Enterprise customer or have negotiated custom terms with us, you may have signed additional documents. In the event of a conflict between these Terms of Service and any other agreement, the order of precedence shall be:

1. Your specific Order Form
2. A mutually executed Master Services Agreement (MSA)
3. These Terms of Service, including the Acceptable use policy, the Refund policy, and the Data processing addendum, which controls over the rest of these Terms for the processing of personal data on your behalf

19. General legal

• Governing law: These terms and any disputes arising out of them will be governed by the laws of the State of Delaware, USA, without regard to its conflict of laws principles.
• Severability: If any provision of these terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
• Entire agreement: These terms constitute the entire agreement between you and Tovio, LLC regarding the commercial hosted service.
• Assignment: You may not assign your rights under these terms without our prior written consent. We may assign our rights to a successor entity in the event of a merger, acquisition, or sale of assets.

20. Contact information

If you have questions about these terms, your account, or our privacy practices, we are here to help.

• Email: legal@tovio.dev
• Website: tovio.dev
• Mailing address: Tovio, LLC, 1300 South Boulevard STE 35425, Charlotte, NC 28203, United States