Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Macaron ("Macaron", "we", "us", "our"), based in Florida, United States. They govern your use of macaron.sh and its subdomains, the Macaron web app, the Macaron desktop app, the macaron command-line tool, our APIs, documentation and any other product or service we offer that links to these Terms (together, the "Services").

By creating an account, downloading or installing our software, clicking to accept, or otherwise using the Services, you agree to these Terms and to the documents they incorporate: the Privacy Policy, the Acceptable Use Policy, the Cookie Policy and, for paid plans, the SaaS Agreement and Refund Policy. Business customers who need one also have our Data Processing Addendum. If you don't agree, don't use the Services.

Please read section 23 carefully. If you live in the United States, it requires most disputes to be resolved by individual binding arbitration instead of in court, and waives class actions and jury trials. You can opt out within 30 days.

If you use the Services on behalf of a company or other organization, you agree to these Terms for that organization and confirm that you have authority to bind it. In that case "you" means the organization.

• Account: your Macaron account, reached by signing in with a third-party identity provider.
• Agent: an AI system you run through the Services, such as Claude Code, Codex or Macaron's own agent, that can read and change files and run commands.
• Computer: an isolated environment where agents run, either a container on your own device or a server hosted by us or a provider on your behalf.
• Your Content: code, files, prompts, instructions, keys, data and anything else you or your agents put into the Services, and the Output.
• Output: what agents and the Services produce for you, such as code changes, patches, reports and text.
• Third-Party Services: services not run by us that you connect or that the Services rely on, such as model providers, GitHub, Stripe and hosting providers.

To use the Services you must:

• be at least 16 years old, or older if the law where you live requires a higher age to agree to these Terms without a parent's consent;
• be able to form a binding contract;
• not be barred from using the Services under the laws of the United States or any other applicable country, including sanctions and export laws (section 18);
• not have had an account suspended or closed by us for breaking these Terms, unless we agree otherwise.

The Services are built for software development and are offered primarily to businesses and professionals.

You sign in with GitHub or Google. You're responsible for keeping that account and any device you use secure, and for everything that happens through your Account, including what your agents do. Give accurate information and keep it current.

Tell us at once at [email protected] if you think your Account has been used without permission. We aren't liable for losses caused by unauthorized use that results from your failure to keep your credentials secure. Accounts are personal: don't share yours or let others use it.

Macaron lets you run AI agents on code you choose: in a folder on your device, or in a Computer that can't reach your device. Depending on what you enable, agents can read, create and edit files, run commands, install software, open network connections, and use services you connect.

We continually improve the Services and may add, change or remove features. Some features are labelled beta, preview or early access; they may be incomplete, change without notice, or stop, and are provided without any commitment. For paid plans, the SaaS Agreement limits changes that reduce what you paid for.

• You control what agents may do. You choose each agent's permissions before it runs. If you let an agent edit files, run commands or use full access without asking, you accept its actions without reviewing each one, and you're responsible for them as if you had taken them yourself.
• Output can be wrong. AI systems make mistakes, can produce insecure, incorrect or harmful code, and may produce Output similar to what others receive. Review Output before you rely on it, ship it, or run it against systems that matter, and keep backups and version control.
• Not professional advice. Output is not legal, financial, medical, security or other professional advice.
• Use with care. Don't point agents at production systems, real money, safety-critical systems or data you can't afford to lose unless you have safeguards in place. Sandbox copies and Computers reduce risk; they don't remove it.
• Undo is best-effort. Checkpoints, undo and receipts help you review and reverse changes but may not capture everything, such as effects outside the project folder or on external systems.

Agents use AI models through your own accounts or API keys with providers such as Anthropic, OpenAI, Amazon and Google, and you may connect other services such as Vercel, Netlify, Cloudflare, Supabase or Stripe. Those providers bill you directly and their terms, usage policies and privacy policies govern your use of them. You're responsible for complying with them, for the costs you incur with them, and for keeping your keys scoped and secure.

When you let a run use a connected service, its key is available to that run's commands, including your repository's own scripts. Use keys with the narrowest permissions the provider offers.

Hosted Computers use time and resources that are paid for with credit included in your plan or bought separately. We may set reasonable limits on the number of Computers, their size, how long they run, storage, network use and request rates, to keep the Services reliable and fair. When your credit runs out, hosted Computers may be stopped or deleted, and their files with them.

Computers are not backup storage. Files on a Computer are deleted when you delete it or when it's removed for lack of credit or under these Terms. Keep anything important in your own repository.

Paid plans are governed by the SaaS Agreement. In short: plans are billed in advance through Stripe, renew automatically until you cancel, and you can cancel online at any time, with access continuing until the end of the period you paid for. Prices exclude applicable taxes, which we collect where required.

Refunds are covered by the Refund Policy, including a money-back guarantee on your first payment and any refund rights the law gives you.

You must follow the Acceptable Use Policy. It forbids, among other things, illegal activity, attacks on other systems, malware, abuse of our infrastructure such as cryptocurrency mining, and getting around our limits or security. What your agents do counts as what you do.

You own Your Content. As between you and us, you keep all rights in Your Content, and we assign to you any rights we may have in the Output. Output may not be protected by copyright in every country, and similar Output may be generated for others; we don't claim rights in either.

Licence to operate the Services. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, process and display Your Content only as needed to provide, secure and support the Services for you, to comply with law, and to enforce these Terms. This licence ends when Your Content is deleted from our systems, except for copies we must keep by law.

No training. We don't use Your Content to train or improve AI models, ours or anyone else's.

Your responsibility. You confirm you have all rights, licences and consents needed for Your Content and for us to process it, including any personal data it contains, and that it doesn't break the law or anyone else's rights. We don't monitor Your Content, but we may review or remove it when we reasonably believe it breaks these Terms or the law, or when legally required.

If you send us ideas, suggestions or feedback, we may use them freely without obligation to you. You don't have to send any.

The Services, including our software, websites, designs, documentation, names and logos, belong to us or our licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable licence to use the Services, and to install and use our desktop and command-line software on devices you control, for your own or your organization's purposes.

Unless the law allows it despite this restriction, you may not:

• copy, modify, distribute, sell, rent or sublicense the Services, or offer them as a service to others;
• reverse engineer, decompile or try to extract source code, except for components under open-source licences;
• remove proprietary notices, or use our names or logos without permission;
• access the Services to build a competing product using our non-public features, or to benchmark them for publication without our consent;
• access the Services through automated means other than our documented interfaces.

Parts of the Services include open-source software, and some of our tools may be published under open-source licences. Those licences govern those components, and nothing in these Terms limits the rights they give you.

The Services work with Third-Party Services that we don't control. Your use of them is governed by their own terms, and we aren't responsible for their availability, security, content, pricing or conduct, or for losses caused by them. Connecting a Third-Party Service lets us exchange data with it as you direct.

We respect intellectual property rights and respond to valid notices under the U.S. Digital Millennium Copyright Act and similar laws. See our Copyright & DMCA Policy for how to send a notice or counter-notice. We close the accounts of repeat infringers in appropriate circumstances.

Our Privacy Policy explains how we collect and use personal information. If you process personal data of others through the Services as a business, our Data Processing Addendum applies to that processing.

The Services are subject to U.S. export control and sanctions laws and may be subject to those of other countries. You may not use, export or re-export the Services: to any country or region under comprehensive U.S. embargo (currently including Cuba, Iran, North Korea, Syria and the Crimea, Donetsk and Luhansk regions of Ukraine); to anyone on a U.S. government restricted-party list, such as the OFAC Specially Designated Nationals list or the Commerce Department's Entity List; or for any prohibited end use, including weapons of mass destruction or military end uses where restricted. You confirm you aren't located in, or owned or controlled by anyone in, those places or on those lists.

You can stop using the Services and close your Account at any time; cancelling a paid plan is covered by the SaaS Agreement.

We may suspend or end your access, in whole or in part, if you break these Terms or the Acceptable Use Policy, if we must do so by law, if your use creates a security, legal or operational risk to us or others, if payment fails, or if we stop offering the Services. Where reasonable and lawful, we'll give notice and a chance to fix the problem first. If we end a paid plan without cause, you get a pro-rata refund as described in the Refund Policy.

When your Account closes, your right to use the Services ends and we delete Your Content as described in the Privacy Policy. Sections that by their nature should survive, including those on Your Content, our intellectual property, disclaimers, limitation of liability, indemnity and dispute resolution, survive.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT.

WE DON'T WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT AGENTS WILL ACT AS INTENDED, OR THAT OUTPUT WILL BE CORRECT, SECURE, ORIGINAL OR FIT FOR YOUR PURPOSE. YOU USE AGENTS AND OUTPUT AT YOUR OWN RISK.

Some jurisdictions don't allow these exclusions, so some may not apply to you.

TO THE FULLEST EXTENT PERMITTED BY LAW, MACARON AND ITS OWNERS, EMPLOYEES, CONTRACTORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, CODE, GOODWILL OR BUSINESS OPPORTUNITY, OR THE COST OF SUBSTITUTE SERVICES, ARISING FROM OR RELATING TO THE SERVICES, OUTPUT OR THESE TERMS, EVEN IF ADVISED OF THEIR POSSIBILITY.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) US$100.

These limits apply to all theories of liability, including contract, tort (including negligence), strict liability and statute, and even if a remedy fails of its essential purpose. They don't limit liability that can't be limited by law, such as for fraud, gross negligence or wilful misconduct, or for death or personal injury caused by negligence, and they don't reduce statutory rights consumers have in their country.

To the extent the law allows, you will defend, indemnify and hold harmless Macaron and its owners, employees and contractors from any third-party claim, and the resulting losses, damages, fines and reasonable legal fees, arising from Your Content, your use of the Services or Output, actions taken by your agents, your breach of these Terms or the law, or your infringement of anyone's rights. We'll notify you of the claim, let you control the defence, and cooperate at your expense; you may not settle a claim that imposes obligations on us without our consent. This section doesn't apply to consumers where the law forbids it.

Talk to us first

Before starting any formal proceeding, send a written notice describing the dispute and the relief you want to [email protected]. We'll try to resolve it informally within 60 days, and we'll do the same for you.

Binding individual arbitration

If you live in the United States and we can't resolve a dispute informally, you and we agree that any dispute, claim or controversy arising from or relating to these Terms or the Services (a "Dispute") will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules or, for business users, its Commercial Arbitration Rules, before a single arbitrator. The Federal Arbitration Act governs this section. The arbitrator decides all issues, including the scope and enforceability of this agreement to arbitrate, except that a court decides the validity of the class-action waiver below. Arbitration may be held by video, by phone, on written submissions, or in your county of residence. For consumer claims we pay the filing, administration and arbitrator fees beyond what you would pay to file in court, unless the arbitrator finds your claim frivolous.

Exceptions

Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek an injunction in court to stop infringement or misuse of intellectual property or unauthorized access to the Services.

Class action and jury trial waiver

YOU AND WE MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL. If this waiver is found unenforceable for any claim, that claim must be decided in court, not arbitration, after any individual arbitration is complete.

Mass filings

If 25 or more similar demands are filed by or with the help of the same counsel or coordinated parties, they will be administered under the AAA's Mass Arbitration Supplementary Rules, and the parties will cooperate in good faith on a process for resolving them in batches.

Opting out

You can opt out of this arbitration agreement by emailing [email protected] within 30 days of first accepting these Terms, with your name, the email of your Account and a clear statement that you opt out of arbitration. Opting out doesn't affect the rest of these Terms.

Changes

If we change this section, the change won't apply to a Dispute we already know about, and you may reject it by emailing us within 30 days of the change.

These Terms are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods doesn't apply. Any Dispute not subject to arbitration will be brought exclusively in the state or federal courts located in the State of Florida, and you and we consent to their jurisdiction, except that consumers outside the United States may also bring proceedings in the courts of their own country where the law allows.

If you are a consumer in the European Union, the United Kingdom, Switzerland, Australia, New Zealand, Canada or another country with mandatory consumer protection law, nothing in these Terms limits the rights that law gives you, and sections 20 to 24 apply only as far as that law allows. The arbitration agreement in section 23 does not apply to you.

EU and UK consumers have a 14-day right of withdrawal from a paid subscription, explained in the Refund Policy. The European Commission's online dispute resolution platform has closed; you can still contact your national consumer authority.

California. Under California Civil Code section 1789.3, California users are entitled to this notice: the Services are provided by Macaron, Florida, United States, contact [email protected]. You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.

New Jersey and other states. Nothing in these Terms excludes or limits a right or remedy that the law of your state does not allow to be excluded or limited, and any provision that would do so is limited to the extent the law allows.

We may change these Terms to reflect changes to the Services, the law or our business. We'll update the date at the top and, for material changes, give at least 14 days' notice by email or in the Services before they take effect, unless a change is required by law or needed to address security, in which case it may take effect sooner. If you keep using the Services after a change takes effect, you accept it. If you don't agree, stop using the Services and, for paid plans, you may cancel and receive a pro-rata refund for the unused period if the change materially disadvantages you.

• Entire agreement. These Terms and the documents they incorporate are the entire agreement between you and us about the Services, and replace any earlier agreement on the same subject. A signed agreement with us, if you have one, controls where it conflicts.
• Electronic communications. You consent to receive notices, agreements and disclosures electronically, by email or in the Services, and agree that they satisfy any requirement that they be in writing, under the U.S. E-SIGN Act and similar laws.
• Assignment. You may not assign or transfer these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, reorganization or sale of assets, with notice to you.
• Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the rest of these Terms remain in effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, such as natural disasters, war, terrorism, labour disputes, government action, failures of the internet, hosting or model providers, or attacks, other than payment obligations.
• Relationship. You and we are independent contractors. These Terms create no partnership, agency, employment or fiduciary relationship, and no third-party beneficiaries.
• Language. These Terms are written in English. A translation, if provided, is for convenience only, and the English version controls where the law allows.
• Headings. Headings are for convenience only. "Including" means "including without limitation".

Questions about these Terms, legal notices and arbitration opt-outs: [email protected]. Macaron, Florida, United States.