Terms of Service

These Terms of Service ("Terms") govern your use of Deplixo ("the Service"), operated by Brightwing Systems, LLC ("we", "us", or "our") and available at deplixo.com. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

1. Eligibility

You must be at least 13 years old to use the Service. By creating an account, you confirm that you are at least 13 years old. If you are between 13 and 18, you confirm you have your parent or legal guardian's permission to use the Service. We may require you to verify your age at registration.

2. Service Description

Deplixo is a web application hosting platform that allows users to deploy HTML, CSS, and JavaScript applications and receive a live URL instantly. Apps can be deployed without authentication through AI integrations (MCP server). Users may employ third-party tools, including artificial intelligence services, in the course of creating Apps for deployment on the Service. We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We do not guarantee any specific uptime percentage or level of availability.

3. Accounts

Creating an account is optional. If you create one, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Provide accurate and complete registration information
• Notify us immediately of any unauthorized use of your account
• Not share your account credentials with others or create accounts on behalf of others without authorization

4. Acceptable Use

Your use of the Service is subject to the Deplixo Acceptable Use Policy, which is incorporated into these Terms by reference. Violation of the Acceptable Use Policy constitutes a violation of these Terms.

In addition, you agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• Deploy apps that contain malware, phishing pages, or other harmful or deceptive content
• Attempt to gain unauthorized access to any part of the Service or its related systems
• Interfere with or disrupt the integrity or performance of the Service
• Upload or transmit viruses, malware, or other harmful code designed to damage the Service or its infrastructure
• Use the Service to infringe on the intellectual property rights of others

5. Sensitive Data Prohibition

You agree not to build Apps that collect, store, or process:

• Social Security numbers or government-issued identification numbers
• Full payment card numbers (PAN), CVV codes, or banking credentials
• Protected Health Information (PHI) as defined under HIPAA, unless you have executed a Business Associate Agreement with Brightwing Systems, LLC
• Biometric data without explicit, informed user consent and compliance with applicable law

6. API and MCP Server Usage

The Service provides programmatic access through a public API and an MCP (Model Context Protocol) server for integration with AI assistants. By using the API or MCP server, you agree to:

• Use only the official Deplixo API and MCP server endpoints for automated or programmatic access
• Not exceed reasonable usage limits; we reserve the right to throttle or block requests that constitute abuse or place excessive load on the Service
• Not scrape, crawl, or use automated means to access the Service outside of the official API and MCP server
• Accept that API and MCP server availability is provided on the same "as is" basis as the rest of the Service

7. Your Content and AI-Generated Content

You retain ownership of all code and content you deploy to the Service. By deploying an app, you grant us a limited license to host, serve, and display your content as necessary to operate the Service. You are solely responsible for the content you deploy, including ensuring it does not violate any laws or third-party rights.

Regardless of what tools you use to build an App — including AI assistants, code generators, or any other software — you are solely responsible for reviewing that code and ensuring it is accurate, safe, functional, and does not violate any laws or third-party rights. We are not responsible for the accuracy, safety, quality, or legality of any App code, whether written manually, generated by AI, or produced by any other means.

We reserve the right to remove any content that violates these Terms or that we determine, in our sole discretion, to be harmful or inappropriate. See our Privacy Policy for more details on data handling.

8. Third-Party Tools and Services

8.1 Compliance with Third-Party Terms

If you use any third-party tool or service in connection with creating, operating, or deploying an App on the Service — including but not limited to AI providers, code generation tools, APIs, libraries, or data services — you agree to comply with that provider's terms of service, usage policies, and acceptable use policies. Violation of a third-party provider's policies while using the Service constitutes a violation of these Terms.

8.2 Non-Affiliation Disclaimer

Deplixo and Brightwing Systems, LLC are not affiliated with, endorsed by, sponsored by, or otherwise associated with any third-party tool or service provider. Any references to third-party tools or services on the Service or in associated documentation are made solely for purposes of describing compatibility and are not intended to imply any partnership, endorsement, or formal relationship.

8.3 No Third-Party Warranty

Brightwing Systems, LLC makes no representations or warranties regarding the availability, accuracy, reliability, or legality of any third-party tool or service. Your use of third-party tools and services is governed entirely by your separate agreements with those providers.

9. User Responsibility for Deployed Apps

You are solely and entirely responsible for any App you build and deploy on the Service. Brightwing Systems, LLC acts solely as a hosting and infrastructure provider and does not review, endorse, or take responsibility for the content, functionality, or legality of user-deployed Apps.

This means:

• You are the publisher and operator of your App
• You are responsible for your App's compliance with all applicable laws
• You are responsible for providing your App's end users with your own terms of service and privacy policy
• You are responsible for any harm caused by your App to third parties
• You are responsible for any data your App collects, processes, or transmits

When you create an App that collects data from other users, you are the data controller for that data under applicable privacy laws. Deplixo acts as the data processor on your behalf. You are responsible for ensuring your App complies with applicable laws, including providing appropriate notices to your users. Deplixo's privacy policy covers the technical infrastructure and data handling for all Apps on the platform.

Brightwing Systems, LLC is not a party to any relationship between you and your App's end users.

10. Copyright and DMCA

We respect the intellectual property rights of others. If you believe that content hosted on the Service infringes your copyright, you may submit a takedown notice to our designated agent at deplixo@brightwingsystems.com with the following information:

• Identification of the copyrighted work you claim has been infringed
• Identification of the material on the Service that you claim is infringing, with enough detail for us to locate it (e.g., the app URL)
• Your contact information (name, address, email, phone number)
• A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf
• Your physical or electronic signature

We will respond to valid takedown notices and may remove or disable access to the allegedly infringing content. Repeat infringers may have their access to the Service terminated.

11. App Lifecycle and Pricing

Apps deployed without an account expire after 1 hour. Saved apps (saved to your dashboard) expire after 3 days unless kept. Keeping an app is a one-time purchase that makes it permanent. Kept apps include platform credits for AI features, email, and other services. Additional platform credits can be purchased in packs. Pricing and features are subject to change with reasonable notice.

12. Intellectual Property

The Service, including its design, code, and branding, is owned by Brightwing Systems, LLC and protected by applicable intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the Service without our written permission.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT DEPLOYED BY USERS, INCLUDING AI-GENERATED CONTENT.

No advice or information, whether oral or written, obtained from Brightwing Systems, LLC or through the Service shall create any warranty not expressly stated in these Terms.

14. Limitation of Liability

14.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRIGHTWING SYSTEMS, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. THIS INCLUDES DAMAGES RESULTING FROM: UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS AND APP END USERS; YOUR APP'S INTERACTIONS WITH ITS END USERS; AND ANY APP OUTPUT, WHETHER GENERATED BY AI OR OTHER MEANS.

14.2 Cap on Direct Liability

TO THE EXTENT BRIGHTWING SYSTEMS, LLC HAS ANY LIABILITY THAT CANNOT BE EXCLUDED, OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) USD $10.00.

14.3 Essential Basis

You acknowledge that the limitations and exclusions in this Section 14 are an essential element of the basis of the bargain between you and Brightwing Systems, LLC. Brightwing Systems, LLC would not provide the Service without these limitations.

15. Indemnification

You agree to indemnify, defend, and hold harmless Brightwing Systems, LLC and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service or violation of these Terms
• Any App you build, deploy, or make accessible to others
• Any harm caused to App end users by your App
• Your violation of any third party's rights, including privacy, intellectual property, or contractual rights
• Any claim by a governmental authority that your App violated applicable law
• Any data breach or unauthorized disclosure of data through your App
• Your violation of any applicable privacy law, data protection regulation, or consumer protection law
• Your violation of any third-party tool or service provider's terms of service or usage policies

16. Termination

We may suspend or terminate your access to the Service, or remove any deployed apps, at any time for violation of these Terms or for any other reason with reasonable notice. You may terminate your account at any time by contacting us. Upon termination, your right to use the Service ceases immediately, and we may delete your data in accordance with our Privacy Policy. Brightwing Systems, LLC shall not be liable to you or any third party for any suspension, termination, or removal action taken in good faith pursuant to these Terms.

17. Governing Law and Dispute Resolution

17.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of North Carolina, United States, without regard to its conflict of law provisions.

17.2 Dispute Resolution

Any dispute arising out of or relating to these Terms shall first be subject to good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in North Carolina. Judgment on the award may be entered in any court of competent jurisdiction.

17.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.

17.4 Jury Trial Waiver

TO THE EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS.

18. Children

The Service is intended for users aged 13 and older. You may NOT use Deplixo to build Apps directed at children under 13. All deployed Apps inherit Deplixo's 13+ age requirement. If you need to build child-directed applications, you must use a platform that provides COPPA-compliant infrastructure. We do not knowingly collect personal information from children under 13.

19. Data Processing

Deplixo processes personal data to provide the Service. Our legal basis for processing is contract performance (GDPR Art. 6(1)(b)) — the data is necessary to deliver the hosting, deployment, and app infrastructure you signed up for.

• Platform-level data controls: Account holders can export their data (Download My Data) and delete their account (with a 30-day grace period).
• App visitor data: Visitors to deployed Apps are covered by Deplixo's Privacy Policy. Visitors can delete their data from any App via the platform's visitor data deletion feature.
• Third-party processors: We use Stripe (billing) and Postmark (email) as data processors, with Data Processing Agreements in place. Error tracking (GlitchTip) is self-hosted on our own infrastructure.
• IP address retention: IP addresses are automatically scrubbed after 30 days.

20. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the revised Terms.

21. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. These Terms, together with the Privacy Policy, Acceptable Use Policy, and any applicable Order or Subscription terms, constitute the entire agreement between you and Brightwing Systems, LLC regarding the Service.