Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you (“you” or “User”) and Colibricode Inc., a Colorado corporation with its principal place of business in Denver, Colorado (“Colibricode,” “we,” “us”), governing your access to and use of MonkeysCode — our agentic coding IDE and AI service, comprising Capuchin and all related applications, websites, and services (collectively, the “Service”).

By creating an account, downloading, or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference.

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

The Service includes:

• MonkeysCode IDE — an agentic code editor for Windows, macOS, and Linux
• MonkeysCode Terminal — a command-line agentic coding tool
• Troop — a multi-agent orchestration desktop application
• Capuchin — Colibricode's own AI model, offered as a managed cloud service
• Access to third-party AI models (Anthropic Claude, Google Gemini, OpenAI ChatGPT) via BYOK or managed access
• The ability to configure your own local or remotely-hosted models
• The MonkeysCode website, account dashboard, and billing portal

MonkeysCode is one product within the broader MonkeysCloud ecosystem operated by Colibricode Inc., alongside the MonkeysCloud platform, MonkeysLegion, MonkeysCMS, and MonkeysMail, each of which may be governed by separate terms.

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create an account. If you are between 13 and the age of majority, you may use the Service only with the involvement of a parent or guardian, or through an organizational account.

You agree to provide accurate registration information and to keep it current, and you are responsible for safeguarding your account credentials and for all activity under your account.

MonkeysCode is offered under several plans, including Free, Pro, Pro+, Ultra, Team, and Enterprise, each with different pricing, included usage, and features as described at monkeyscode.com/pricing.

• Billing is processed through Stripe.
• Auto-renewal: subscriptions renew automatically unless canceled before renewal.
• Price changes: we will provide reasonable advance notice of any price increase.
• Taxes: you are responsible for applicable taxes.
• Refunds: fees are non-refundable except as required by law.
• Usage caps: Capuchin usage is subject to monthly allowances and fair-use limits. We may throttle or pause access if usage exceeds your plan's allowance.

• Referral rewards extend promotional trial duration and do not grant unlimited usage or additional model access.
• Rewards are capped as stated in each promotion.
• We may require verification before granting rewards and may deny or reverse rewards obtained through fraud or abuse.
• We may modify, suspend, or end any promotional offer at any time.

6.1 Capuchin (Colibricode's model)

When you submit prompts or code to Capuchin, you grant Colibricode a limited license to process that content solely to generate a response and operate the Service. You retain all ownership rights in your code and in any output Capuchin generates for you. Capuchin does not use your content to train or improve its models unless you have explicitly opted in.

6.2 Third-party models (BYOK and managed access)

• Via your own API key (BYOK): your content is sent directly to that provider. You are solely responsible for complying with that provider's terms.
• Via managed access: Colibricode acts as an intermediary; both these Terms and the provider's terms apply.

6.3 Local and self-hosted models

If you configure MonkeysCode to use a model on your own machine or infrastructure, you are solely responsible for that model, its outputs, its licensing, and its security.

6.4 AI output disclaimer

You agree not to:

• Use the Service for any unlawful purpose, or to generate malware, exploits, or other harmful code
• Circumvent usage limits, fair-use caps, or the referral system through automation, duplicate accounts, or abuse
• Reverse-engineer, decompile, or extract the weights or architecture of Capuchin
• Use the Service to build a competing AI model by systematically extracting Capuchin's outputs
• Interfere with or disrupt the integrity or performance of the Service
• Violate applicable export control or sanctions laws (see §16)

We reserve the right to suspend or terminate accounts that violate this policy.

8.1 Your content

You retain all ownership rights in your code, prompts, and other content, and in any output generated for you. You grant Colibricode only the limited license described in §6.1.

8.2 Our intellectual property

MonkeysCode, Capuchin, Troop, and associated names, logos, and trademarks are the property of Colibricode Inc. The Service is offered under an open-core model: certain components are open source, while the core application and Capuchin remain proprietary.

8.3 Feedback

If you provide feedback or suggestions, you grant Colibricode a perpetual, irrevocable, royalty-free license to use that feedback without restriction or obligation.

Enterprise, self-hosted, and air-gapped deployments may be governed by a separate enterprise agreement that supersedes portions of these Terms. In the event of a conflict, the enterprise agreement controls.

Each plan includes a defined allowance of Capuchin usage. We may enforce fair-use limits, rate limits, or concurrency limits to maintain service quality, and may suspend or throttle accounts that materially exceed reasonable use.

The Service may support integrations with third-party tools, extensions (via Open VSX or sideloading), and MCP servers. Colibricode does not vet, endorse, or take responsibility for third-party extensions or integrations; use them at your own risk.

This limitation does not apply to the extent prohibited by law — for example, EU and UK consumer-protection law may preserve certain non-waivable rights.

You agree to indemnify and hold harmless Colibricode from any claims, damages, or expenses arising from your violation of these Terms, your misuse of the Service, or content you submit to or generate through the Service, except to the extent caused by Colibricode's own breach.

You may terminate your account at any time through the dashboard. We may suspend or terminate your access if you violate these Terms. Upon termination, your right to use the Service ends immediately; provisions that by their nature should survive (including §§6.4, 8, 12, 13, 14, and 17) will survive termination. Unused promotional trial time and referral bonuses are forfeited upon account closure.

You represent that you are not located in, or a national or resident of, any country subject to U.S. government embargo, and that you are not on any U.S. government restricted-party list. You agree to comply with all applicable export control and economic sanctions laws.

These Terms are governed by the laws of the State of Colorado, USA, without regard to conflict-of-laws principles, except to the extent a different law is mandatorily required by your local consumer-protection law.

Informal resolution first: before filing a claim, you agree to contact us at legal@monkeyscloud.com to attempt to resolve the dispute informally.

EU/UK consumers: nothing in this section limits your right to bring a claim in the courts of your country of residence, or to rely on the EU Online Dispute Resolution platform.

We may modify these Terms from time to time. Material changes will be notified via the Service or by email at least 30 days before taking effect. Continued use after changes take effect constitutes acceptance.

• Entire agreement: these Terms, the Privacy Policy, and any enterprise agreement constitute the entire agreement.
• Severability: if any provision is unenforceable, the remaining provisions remain in effect.
• No waiver: our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment: you may not assign these Terms without our consent; we may assign in connection with a corporate transaction.
• Force majeure: neither party is liable for delays caused by circumstances beyond reasonable control.

See the companion Privacy Policy for how we collect, use, and protect your information.