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 operated by Colibricode Inc., alongside MonkeysLegion, 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.
• Included usage: current paid plans distinguish a monthly dollar allowance for managed frontier models from Capuchin access, which has no fixed monthly token allocation but remains subject to fair-use, short-window rate, and concurrency limits. Subscription price and included frontier allowance are not necessarily equal. Model choice, input, output, and caching affect consumption; a task may require multiple requests.
• Additional usage: available prepaid credits may fund usage beyond the included allowance. Legacy subscriptions and promotional offers may have different entitlements; refer to the terms of the offer you accepted. This description of current plans does not itself change previously purchased entitlements.

• New accounts may claim a free trial of the length stated in the offer at signup (currently 14 days). No credit card is required.
• One free trial per person. We may require email verification before the trial starts and may end trials obtained through duplicate accounts, fraud, or abuse.
• Trial duration, included models, and usage limits are those specified in the offer accepted at signup. The default Capuchin trial does not include managed frontier models or Auto mode. Trials remain subject to applicable fair-use, rate, and concurrency limits; a trial does not necessarily unlock every paid-plan feature.
• We may modify, suspend, or end any promotional offer at any time. Trials already started keep their original end date.

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): depending on the client and integration, your content is sent directly to the provider or processed through Colibricode's proxy before being sent to the provider. For example, the CLI's Anthropic integration uses the proxy for request-format conversion. Both these Terms and the provider's terms apply to proxy-based access. You are responsible for complying with that provider's terms and for provider charges.
• 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. Local inference and local indexing do not mean that content submitted to separate managed models, cloud features, tools, or integrations stays on your device; those features may transmit content as described in our Privacy Policy.

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 free-trial limits 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.

Included model access depends on your plan or accepted offer. Descriptions of unlimited Capuchin access refer to the absence of a fixed monthly token allocation on current paid plans, not unlimited throughput. We may enforce fair-use limits, short-window rate limits, or concurrency limits to maintain service quality, and may suspend or throttle accounts that materially exceed reasonable use. These limits are separate from the monthly frontier allowance; current model limits and reset times are shown in Usage.

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 is 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@monkeyscode.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.