Terms of Service - Polka Codes

These terms explain the rules for using Polka Codes. By accessing or using Polka Codes, you agree to these terms.

Who provides the service

Polka Codes is owned and operated by XEN SOFTWARE CONSULTING LIMITED in New Zealand.

These terms apply when you access or use Polka Codes.

The service

Polka Codes is an AI coding workspace.

Features, workflows, limits, pricing, availability, integrations, and outputs may change from time to time.

We may add, remove, suspend, or change parts of the service where reasonably needed for security, reliability, legal compliance, product development, provider changes, infrastructure changes, third-party provider changes, or operational reasons.

Polka Codes may rely on third-party services, including GitHub, Stripe, hosting providers, storage providers, analytics providers, AI model providers, and other infrastructure providers.

Privacy

Our handling of personal information is described in our Privacy Policy.

By using Polka Codes, you agree that we may collect, use, store, disclose, and otherwise process information as described in these terms and the Privacy Policy.

If there is any inconsistency between these terms and the Privacy Policy about personal information, the Privacy Policy applies for that personal information.

Accounts and GitHub access

You must use an account you are authorised to use and keep your account secure. You are responsible for activity under your account.

If you use Polka Codes on behalf of a company, organisation, or other person, you confirm that you have authority to do so and to bind them to these terms.

When you sign in with GitHub or connect repositories, you authorise Polka Codes to access and process the GitHub account, installation, repository, token, and related data needed to provide the requested workflows.

Because Polka Codes works through a GitHub app, you also authorise Polka Codes to perform actions you request, approve, configure, or enable through the service. These actions may include reading repository content, analysing code, generating changes, creating branches, making commits, opening pull requests, commenting on issues or pull requests, and producing other repository or workspace outputs.

You are responsible for making sure you have the rights and permissions needed before connecting repositories, submitting code, or asking Polka Codes to work with repository content.

You are responsible for reviewing any GitHub permissions you grant to Polka Codes and for removing access if you no longer want Polka Codes connected to a GitHub account, organisation, or repository.

Your content

You keep ownership of content you submit to Polka Codes, including prompts, code, repository context, files, logs, screenshots, images, chat messages, instructions, and other workspace material.

You grant us the permission needed to host, store, process, transmit, analyse, transform, display, and otherwise use that content as needed to operate Polka Codes, provide AI workflows, secure the service, troubleshoot issues, enforce quotas, process billing, prevent abuse, and support your account.

You confirm that you have the rights and permissions needed to submit your content to Polka Codes and to allow us and our service providers to process it.

Do not submit secrets, credentials, private keys, regulated personal information, confidential information, or third-party material unless you are authorised to do so and accept the risk of that material being processed by Polka Codes and the service providers needed to operate it.

Free usage and paid usage

For free usage, you grant us permission to use your content, prompts, code, repository context, files, logs, screenshots, images, outputs, usage data, and diagnostic data to analyse, evaluate, develop, improve, and train Polka Codes, including our models, systems, prompts, evaluation processes, workflows, safety systems, and product features.

For paid usage, we will not use your paid workspace content to train AI models.

For paid usage, we may still use account data, billing data, usage data, diagnostic data, security records, aggregated data, and de-identified data to operate, secure, support, troubleshoot, measure, and improve Polka Codes.

These free and paid usage rules do not limit our ability to process content where needed to provide the service, comply with law, enforce these terms, prevent abuse, protect security, investigate incidents, or respond to support requests.

AI outputs

Polka Codes may generate code, explanations, plans, commands, comments, pull requests, commits, summaries, documentation, tests, and other outputs.

AI-generated outputs may be incomplete, incorrect, unsafe, insecure, infringing, outdated, unsuitable for your project, or different from what you intended.

You are solely responsible for reviewing, testing, validating, securing, and deciding whether to use any output.

You are solely responsible for any changes you apply to your codebase, repositories, systems, infrastructure, users, customers, business, or third-party services using Polka Codes.

Polka Codes is not a substitute for professional software engineering, security review, legal review, compliance review, or human judgment.

We do not guarantee that outputs are unique. Other users may receive the same or similar outputs.

As between you and us, we do not claim ownership of AI outputs generated for you, but we do not guarantee that outputs are protectable by intellectual property rights or free from third-party rights.

Acceptable use

Do not use Polka Codes to break the law, violate others' rights, attack systems, distribute malware, expose secrets, misuse third-party services, evade security controls, overload the service, or submit material you are not authorised to process.

Do not attempt to bypass quotas, billing controls, authentication, security boundaries, tool restrictions, sandbox policies, rate limits, repository permissions, or usage limits.

Do not use Polka Codes to generate, deploy, or assist malware, credential theft, phishing, unauthorised access, vulnerability exploitation, spam, abuse, or other harmful activity.

Do not use Polka Codes in a way that could damage, disable, overburden, impair, or interfere with the service, other users, connected services, repositories, infrastructure, or third parties.

Do not use Polka Codes for high-risk systems where failure could cause death, personal injury, serious property damage, environmental damage, or critical infrastructure failure unless you independently review, test, and validate all outputs with appropriate expert oversight.

Billing

Paid features, token packs, plans, usage limits, renewals, cancellations, and taxes are described in the app, at checkout, or in your invoice.

Prices, quotas, and feature availability may change from time to time. Any changes will apply as stated in the app, at checkout, or as otherwise notified to you.

Payments are processed through Stripe. By purchasing paid features, token packs, or plans, you authorise us and Stripe to charge the applicable payment method for the amounts shown at checkout or otherwise agreed.

Refunds, credits, and billing corrections are handled as stated at checkout, in the app, or as required by applicable law.

You are responsible for keeping your billing information accurate and paying all amounts due.

We may suspend or limit paid features if payment fails, a charge is reversed, amounts are overdue, or we reasonably believe there is billing abuse or payment risk.

Suspension and termination

We may suspend or terminate access if we reasonably believe an account has violated these terms, creates legal or security risk, causes operational harm, fails to pay amounts due, misuses the service, or exposes Polka Codes, users, connected services, repositories, infrastructure, or third parties to risk.

We may also suspend or limit access where needed to protect security, comply with law, investigate abuse, address provider issues, or maintain service reliability.

You may stop using Polka Codes at any time.

You can contact hello@polka.codes for account, deletion, billing, or export questions.

After termination, we may retain information as described in the Privacy Policy or as needed for legal, accounting, security, backup, dispute, enforcement, or legitimate operational purposes.

Disclaimers

Polka Codes is provided on an as-is and as-available basis.

You use Polka Codes and any outputs at your own risk.

To the maximum extent permitted by law, we exclude all warranties, guarantees, representations, conditions, and commitments, whether express, implied, statutory, or otherwise.

We do not promise that Polka Codes will be uninterrupted, secure, error-free, bug-free, available at any particular time, compatible with your systems, or suitable for your requirements.

We do not promise that outputs will be accurate, complete, secure, non-infringing, up to date, production-ready, or suitable for your codebase, business, users, customers, or legal obligations.

We are not responsible for GitHub, Stripe, AI model providers, hosting providers, infrastructure providers, package registries, third-party APIs, third-party code, open-source dependencies, or other third-party services.

We are not responsible for loss, damage, corruption, deletion, exposure, or modification of repositories, code, data, credentials, systems, branches, commits, pull requests, issues, comments, workflows, deployments, or other materials.

You are responsible for maintaining your own backups, version control, access controls, secrets management, review processes, testing processes, and deployment safeguards.

Liability

To the maximum extent permitted by law, XEN SOFTWARE CONSULTING LIMITED has no liability to you or anyone else for any loss, damage, claim, cost, expense, or liability arising from or relating to Polka Codes, your use of the service, your inability to use the service, any AI output, any repository action, any third-party service, or these terms.

This exclusion includes liability for loss of profits, revenue, savings, business, opportunity, goodwill, reputation, data, code, repositories, credentials, contracts, customers, or anticipated benefits.

This exclusion also includes liability for indirect, consequential, special, incidental, punitive, exemplary, reliance-based, or business interruption losses.

If liability cannot be excluded, then to the maximum extent permitted by law, our total aggregate liability for all claims relating to Polka Codes or these terms is limited to the amount you paid us for Polka Codes in the three months before the event giving rise to the claim.

If you used only free features, then to the maximum extent permitted by law, our total aggregate liability is limited to NZD $100.

The limits and exclusions in this section apply whether the claim is based in contract, tort, negligence, statute, equity, product liability, consumer law, privacy law, or any other basis, even if we knew or should have known that loss was possible.

Nothing in these terms limits or excludes any liability that cannot legally be limited or excluded.

Business use and contracting out

If you access or use Polka Codes in trade, for business purposes, or on behalf of a business, you agree that you are acquiring the service in trade and for business purposes.

Where permitted by law, you agree that the Consumer Guarantees Act 1993 does not apply.

Where permitted by law, you also agree to contract out of sections 9, 12A, 13, and 14(1) of the Fair Trading Act 1986.

You agree that it is fair and reasonable for the parties to be bound by this business-use and contracting-out section.

This section does not apply where the law does not allow it to apply.

Indemnity

To the maximum extent permitted by law, you agree to indemnify XEN SOFTWARE CONSULTING LIMITED against claims, losses, damages, liabilities, costs, and expenses arising from or relating to:

your use of Polka Codes;
your content;
your repositories, code, systems, or third-party services;
any output you use, publish, deploy, or rely on;
your breach of these terms;
your breach of law;
your violation of third-party rights;
your GitHub permissions, repository access, commits, branches, pull requests, comments, or other repository actions; or
your unauthorised submission or processing of content.

Changes to the service

We may update, change, suspend, restrict, replace, or discontinue Polka Codes or any part of it at any time.

We are not liable to you or anyone else for changes to the service, changes to features, changes to limits, provider changes, outages, downtime, discontinued functionality, or loss of access, except to the extent liability cannot be excluded by law.

Changes to these terms

We may update these terms from time to time.

If we make material changes, we will take reasonable steps to notify you, such as through the app, by email, or on the Polka Codes website.

Your continued use of Polka Codes after updated terms take effect means you accept the updated terms.

New Zealand law

These terms are governed by New Zealand law.

Any dispute relating to Polka Codes or these terms will be handled under New Zealand law unless another law must apply.

If any part of these terms is invalid or unenforceable, the remaining parts continue to apply.

Related policy

Review the Privacy Policy for information about how Polka Codes handles personal information, or contact hello@polka.codes.