These Terms of Service (the "Terms") are a legal agreement between you and @itsphatto, the founder of Breeze Code ("we", "us" or "our"). They govern your use of the Breeze Code desktop application, including its updates (the "Software"), and the website at breezecode.itsphatto.site (the "Website"), together the "Services".
By downloading, installing or using the Software, or by using the Website, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services. Please read sections 13 to 15 carefully: they limit our liability and set out how disputes are resolved.
1. Eligibility
You must be at least 13 years old to use the Services. If you are under the age of majority where you live (20 in Thailand), you may use the Services only with the consent of a parent or guardian, who agrees to these Terms on your behalf. If you use the Services for an organisation, you confirm that you have authority to accept these Terms for it, and "you" includes that organisation.
2. License to the Software
2.1 The Software is provided free of charge.
2.2 Subject to these Terms, we grant you a personal, worldwide, non-exclusive, royalty-free license to install and use the Software on computers you own or control, for any lawful personal, educational or commercial purpose.
2.3 The Software, or parts of it, may come with separate license terms, such as the terms of third-party components included with it ("Component Licenses"). If these Terms conflict with a Component License for the part it covers, the Component License governs for that part.
2.4 All rights not expressly granted are reserved. Nothing in these Terms or any Component License gives you any right to use the Breeze Code name, logo or other brand features, except as described in section 11.
3. Use of the Website
You may view and use the Website for your own information and to download the Software. You may not copy, republish or commercially exploit the Website's design, text or images without our written permission, except where the law allows it. You may link to the Website, as long as the link does not suggest that we endorse you.
4. Your content
4.1 Your code, files, prompts and other material you create or open with the Software ("Your Content") belong to you or your licensors. We claim no ownership of Your Content, and we do not receive it.
4.2 You are responsible for Your Content and for having the rights you need to use it, including any material you give to an AI agent or third-party service.
4.3 You are responsible for backing up Your Content. Git checkpoints in the Software can help you step back from changes, but they are not a replacement for your own backups.
5. AI agents and generated output
5.1 The Software can connect to AI agents and models that you choose, run and configure. When you ask an agent to work, it can read files, create, change or delete files, and run commands on your computer within the folders and permissions you give it.
5.2 Output produced by AI agents, including code, commands and explanations ("Output"), is generated automatically and may be inaccurate, incomplete, insecure or similar to material owned by others. We do not create, review or control Output, and we make no promise about its accuracy, quality, safety or legal status.
5.3 You are solely responsible for reviewing Output before you rely on it, run it, publish it or deploy it, and for any consequences of commands an agent runs at your request. Keep checkpoints or backups of work that matters.
5.4 As between you and us, and to the extent the law allows, any rights we may have in Output belong to you. Your rights in Output may also depend on the terms of the AI provider that produced it.
6. Third-party services
6.1 The Software works with services run by other companies, including Anthropic (Claude Code), OpenAI (Codex), Google (Antigravity and sign-in), Ollama, LM Studio, OpenAI-compatible servers, GitHub, Discord, Instagram and Facebook ("Third-Party Services").
6.2 Third-Party Services are provided by their owners under their own terms and privacy policies, which you must accept and follow. You are responsible for any account, subscription, usage fees or limits with them. We do not control Third-Party Services, are not responsible for their availability, content or conduct, and may stop supporting any of them at any time.
6.3 Names and logos of Third-Party Services belong to their owners. Their use on the Website and in the Software is only to identify compatibility and does not mean they endorse or sponsor Breeze Code.
7. Acceptable use
You agree not to use the Services to:
- break any law or regulation, or infringe anyone's intellectual property, privacy or other rights;
- create, spread or run malware, or gain unauthorised access to any computer, network, account or data;
- harm, disrupt or overload any system, including the Website or a Third-Party Service;
- get around the usage limits, security measures or terms of a Third-Party Service;
- distribute the Software, or any altered copy of it, in a way that suggests it is the official Software or is provided by us; or
- remove or change any copyright, license or attribution notice in the Software.
8. Downloads, installation and updates
8.1 Download the Software only from the official GitHub releases page linked from the Website. Copies from any other source may have been altered, and we are not responsible for them.
8.2 The Software's installer is not yet code-signed, so Windows SmartScreen may show a warning before you install it. Installing the Software is your choice.
8.3 The Software checks for updates and asks before downloading one. Updates may add, change or remove features. We may stop offering or updating the Software, or any version of it, at any time.
8.4 The Software currently supports Windows 10 and Windows 11 (64-bit) only.
9. Price and support
The Software is free. We do not charge for it, sell plans or credits, or take payments through it. Fees you pay to a Third-Party Service are between you and that provider. We may offer help through GitHub issues or email, but we have no obligation to provide support, maintenance or any particular response time.
10. Feedback
If you send us ideas, suggestions or bug reports ("Feedback"), you agree that we may use them freely, without paying you or giving you credit. Do not send Feedback that you do not have the right to share.
11. Intellectual property
11.1 Except for rights granted under any Component License, we and our licensors own all rights in the Services, including the Website's content and design and the Breeze Code name and logo.
11.2 You may use the Breeze Code name to refer to the Software accurately, for example in articles, tutorials or reviews. You may not use the name or logo for your own product, in a way that could confuse people about where software comes from, or to suggest that we endorse you, without our written permission.
12. Termination
You may stop using the Services at any time by uninstalling the Software. We may suspend or end your right to use the Services if you materially breach these Terms. When your rights end, you must stop using and delete the Software, except for any rights you have under a Component License. Sections 4, 5.2 to 5.4, 6.2 and 10 to 17 survive termination.
13. Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ANY 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 AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE WILL WORK WITH ANY PARTICULAR THIRD-PARTY SERVICE.
14. Limitation of liability
14.1 TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, CODE, PROFITS, REVENUE, BUSINESS OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES, ANY OUTPUT, ANY ACTION TAKEN BY AN AI AGENT, OR ANY THIRD-PARTY SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.2 TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, AND (B) ONE THOUSAND THAI BAHT (THB 1,000).
14.3 Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for fraud, wilful misconduct or gross negligence, or your rights as a consumer under mandatory law.
15. Governing law and disputes
15.1 These Terms, and any dispute arising out of or in connection with them or the Services, are governed by the laws of the Kingdom of Thailand, without regard to conflict-of-law rules.
15.2 Before starting any formal proceedings, you agree to contact us at itsphatto@icloud.com and try in good faith to resolve the dispute informally for at least 30 days.
15.3 If the dispute is not resolved, it will be submitted to the exclusive jurisdiction of the competent courts of Thailand. If you are a consumer, this does not take away any protection or right to bring a claim in your home country that mandatory law gives you.
16. Indemnity
To the extent permitted by law, you agree to indemnify and hold us harmless from claims, losses and reasonable costs, including legal fees, brought by third parties and arising from your breach of these Terms, Your Content, or your misuse of the Services or of any Output.
17. General terms
- Entire agreement. These Terms, the Privacy Policy and any Component Licenses are the entire agreement between you and us about the Services.
- Severability. If any part of these Terms is found unenforceable, that part will be enforced to the maximum extent allowed and the rest will stay in effect.
- No waiver. If we do not enforce a right, we have not given it up.
- Assignment. You may not transfer your rights under these Terms without our consent. We may transfer ours in connection with a transfer of the Software or its project.
- Force majeure. We are not responsible for delays or failures caused by events beyond our reasonable control.
- Export and sanctions. You must comply with export control and sanctions laws that apply to your use of the Software.
- Language. These Terms are written in English. If they are translated, the English version prevails to the extent the law allows.
18. Changes to these Terms
We may update these Terms from time to time. We will post the new version on this page and update the date at the top. If a change is material, we will give notice on the Website or in the Software's release notes before it takes effect. If you keep using the Services after the change takes effect, you accept the updated Terms. If you do not agree, stop using the Services.
19. Contact
For questions about these Terms, contact @itsphatto at itsphatto@icloud.com.