Terms of Service

1.Definitions

“Ares,” “we,” “us,” and “our” mean Ares Product Development Services.

“Services” means Ares websites, software, applications, AI coding features, developer tools, documentation, support, and related services.

“Inputs” means any code, prompts, files, repositories, documents, conversations, instructions, data, or other content you submit, upload, connect, or otherwise provide to the Services.

“Outputs” or “Suggestions” means any code, text, explanations, recommendations, commands, configurations, documentation, or other material generated by the Services in response to your Inputs.

“Content” means, collectively, your Inputs and the resulting Outputs.

2.Eligibility and intended users

Ares is intended for users in jurisdictions where the Services may lawfully be offered, including the United States, Canada, the United Kingdom, and the European Union.

You must be at least 18 years old and legally able to enter into a binding agreement to use the Services.

You are responsible for using the Services in compliance with applicable law, including intellectual property laws, privacy laws, export controls, sanctions rules, security obligations, and platform-specific restrictions.

Our Services include generative AI features. For users in the European Union, we provide transparency required by applicable AI laws, including that Outputs are AI-generated and may require human review before use.

3.License and permitted use

Subject to your compliance with these terms, Ares grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services, including AI coding features.

You may use the Services and Outputs for personal and commercial purposes, including building, testing, maintaining, and deploying your own software projects, internal business tools, and customer projects.

Commercial use is allowed. You may use, modify, and distribute Outputs as part of your own software projects, subject to these terms and your responsibility to review, test, secure, and validate those Outputs before use.

4.Restrictions and prohibited uses

• You may not resell, rent, lease, sublicense, or redistribute the Services as a standalone product.
• You may not resell or redistribute Outputs as a standalone dataset, code-generation product, or prompt-to-code product.
• You may not use the Services to build, train, benchmark, improve, or operate a competing AI coding assistant or substantially similar service.
• You may not attempt to extract, copy, scrape, reverse engineer, decompile, disassemble, discover, or distill the underlying models, model weights, system prompts, source code, infrastructure, or non-public functionality of the Services.
• You may not interfere with, disrupt, overload, abuse, probe, scan, or test the vulnerability of the Services except through an authorized security program approved by Ares in writing.
• You may not bypass usage limits, authentication, rate limits, access controls, security controls, or billing controls.
• You may not submit malware, malicious code, exploit payloads, or instructions intended to compromise systems, unless submitted in a lawful defensive security context that you are authorized to test.
• You may not submit data subject to special regulatory regimes, including HIPAA-protected health information, PCI-DSS payment card data, GLBA-regulated financial information, classified information, or controlled technical data subject to export restrictions, unless Ares has approved that use in writing.
• You may not submit passwords, private keys, access tokens, production secrets, or credentials unless doing so is strictly necessary for your authorized use and you have taken appropriate steps to limit exposure.
• You may not use the Services in violation of applicable law, third-party rights, open-source license obligations, employment obligations, confidentiality obligations, or contractual restrictions.

5.Your responsibilities for AI Outputs

You are solely responsible for reviewing, testing, validating, securing, and approving all Outputs before using, publishing, deploying, or relying on them.

Outputs may contain errors, bugs, hallucinations, security vulnerabilities, outdated dependencies, license conflicts, incorrect assumptions, or code that does not work as intended.

You are responsible for determining whether Outputs are appropriate for your use case, compatible with your codebase, compliant with applicable licenses and laws, and safe for production.

You should not rely on the Services as your sole source for legal, security, compliance, financial, medical, safety-critical, or other professional advice.

6.Inputs, Outputs, and ownership

As between you and Ares, you retain all rights, title, and interest in your Inputs.

To the extent Ares has any rights, title, or interest in Outputs generated for you, Ares assigns those rights to you, subject to these terms and applicable law.

You may use, modify, publish, and distribute Outputs as part of your own software projects, including commercial projects.

Outputs may be similar or identical to outputs, suggestions, code patterns, or recommendations provided to other users. Ares does not grant you exclusive rights in any Output.

You are responsible for ensuring that your Inputs and your use of Outputs do not infringe, misappropriate, or violate any third-party rights.

7.Use of your Content and model training

We do not use your Inputs or Outputs to train or improve our AI models unless you expressly opt in through a written, in-product, or account-level consent mechanism.

You grant Ares a limited, worldwide, royalty-free license to host, process, transmit, display, and use your Inputs solely as necessary to provide, secure, maintain, support, and troubleshoot the Services, including routing Inputs through AI models and generating Outputs.

We may use aggregated, anonymized, or de-identified telemetry and usage information that does not include your actual source code or prompts to improve reliability, security, performance, and user experience.

If you choose to provide feedback, suggestions, bug reports, or feature requests, you grant Ares permission to use that feedback without restriction or compensation to you.

8.Information collected and privacy

Use of the Services may involve submitting Inputs such as code, prompts, files, repositories, documents, test data, technical metadata, and related materials that are processed by AI models and service providers.

We may collect and process personal and technical information described in our Privacy Policy, including your name, email address, company details, authentication information, usage telemetry, support communications, Inputs, and Outputs.

Our Privacy Policy explains how we collect, use, share, retain, and protect information and describes choices and rights that may be available to you.

9.Third-party services and links

Ares may link to, integrate with, or route requests through third-party services, infrastructure providers, AI model providers, authentication providers, analytics providers, hosting providers, and other vendors that help us operate the Services.

Third-party services are not controlled by Ares, and your use of them may be governed by their own terms, privacy policies, and security practices.

Ares is not responsible for third-party websites, services, products, content, or practices except to the extent required by applicable law.

10.Ares intellectual property

Ares and its licensors retain all rights, title, and interest in the Services, including software, platform features, workflows, interfaces, models, systems, documentation, branding, visual assets, trademarks, service marks, logos, text, and related intellectual property.

No rights are granted to you except the limited right to access and use the Services under these terms.

You may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sublicense, sell, reverse engineer, decompile, disassemble, or commercially exploit any part of the Services except as expressly permitted by these terms or approved by Ares in writing.

All goodwill arising from use of Ares trademarks belongs exclusively to Ares.

11.DMCA notices

If you are a copyright owner or authorized agent and believe material on the Services infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act with the information required by 17 U.S.C. 512(c)(3).

DMCA notices may be sent to DMCA@arescode.com.

Please be aware that you may be liable for damages and attorneys’ fees if you knowingly materially misrepresent that material or activity is infringing.

12.Age restriction

The Services are not intended for children under 18. By using Ares, you represent that you are at least 18 years old and fully able and competent to enter into and comply with these terms.

If you are under 18 years old, you may not access or use the Services.

13.Beta and experimental features

Ares may offer beta, preview, experimental, or early-access features, including AI models and coding tools that are still being tested or refined.

Beta and experimental features may be changed, limited, suspended, discontinued, or made generally available at any time without notice.

Beta and experimental features may be less reliable than generally available features and should not be used in production or safety-critical environments without independent review and testing.

14.Suspension and termination

We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you violated these terms, created risk, infringed third-party rights, failed to pay amounts owed, or used the Services improperly.

We may also suspend or limit access to protect the Services, users, third parties, infrastructure, security, or legal compliance.

Upon termination, your right to use the Services ends immediately. Sections that by their nature should survive termination will survive, including ownership, confidentiality-related obligations, disclaimers, limitations of liability, indemnification, dispute resolution, and payment obligations.

15.AI-specific disclaimers

AI features are subject to inherent limitations. Outputs may be inaccurate, incomplete, biased, insecure, outdated, unsuitable for your project, or inconsistent with your instructions.

AI models can hallucinate, generate plausible but incorrect code, misunderstand project context, recommend unsafe patterns, or reproduce code patterns that appear elsewhere.

Ares does not warrant that any Output is correct, secure, complete, production-ready, non-infringing, free from open-source license obligations, or suitable for any particular purpose.

You are solely responsible for reviewing, testing, securing, and validating all Outputs before use, including by running appropriate tests, dependency checks, license reviews, code reviews, and security reviews.

16.General disclaimers

The Services are provided on an “as is” and “as available” basis and with all faults.

To the fullest extent permitted by law, Ares disclaims all warranties, express, implied, statutory, or otherwise, including warranties of title, non-infringement, accuracy, completeness, merchantability, fitness for a particular purpose, uninterrupted availability, security, reliability, and any warranties arising from course of dealing, course of performance, or usage of trade.

Ares does not warrant that the Services will be uninterrupted, error-free, secure, current, complete, free of viruses or harmful components, or that any problems will be corrected.

You assume all responsibility and risk for your use of the Services, Inputs, Outputs, and any reliance on information or materials made available through the Services.

17.Limitation of liability

To the fullest extent permitted by law, Ares and its affiliates, members, officers, employees, contractors, consultants, agents, successors, and assigns will not be liable for indirect, incidental, consequential, special, exemplary, punitive, or other damages, including lost profits, lost savings, loss of data, loss of goodwill, business interruption, security incidents, or cost of substitute services.

Ares will not be liable for damages arising from or relating to Outputs, your use of Outputs, third-party services, unauthorized access, loss of data, inaccuracies, incompleteness, or alleged infringement caused by your Inputs or use of the Services.

To the fullest extent permitted by law, Ares’s aggregate liability for all claims arising out of or relating to the Services or these terms will not exceed the greater of the total fees you paid to Ares for the Services in the six months preceding the claim or one hundred U.S. dollars ($100).

The limitations in this section apply regardless of the legal theory, whether based in contract, tort, negligence, strict liability, warranty, statute, or otherwise, and even if Ares has been advised of the possibility of such damages.

18.Indemnification

You agree to defend, indemnify, and hold harmless Ares and its affiliates, members, officers, employees, contractors, consultants, agents, successors, and assigns from and against claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to your use of the Services, your Inputs, your use of Outputs, your breach of these terms, your violation of law, your violation of third-party rights, or your negligence or willful misconduct.

19.Changes to the Services or terms

We may update, modify, suspend, or discontinue the Services or any part of them at any time.

We may update these terms from time to time. Changes will be effective when posted or otherwise communicated unless a later effective date is stated.

Your continued use of Ares after updated terms become effective constitutes acceptance of the updated terms.

You should review these terms and our Privacy Policy periodically to stay informed of the current terms that apply to your use of the Services.

20.Dispute resolution and governing law

Any controversy or claim arising out of or relating to these terms or the Services will, upon written request of either party, be submitted first to mediation and, if unresolved, to binding arbitration, unless applicable law requires otherwise.

Mediation and arbitration will be administered under the applicable rules of the American Arbitration Association for commercial disputes unless the parties agree otherwise.

These terms are governed by the laws of the United States and the State of Texas, without regard to conflict-of-law principles.

Harris County, Texas is the exclusive forum for any mediation, arbitration, litigation, or dispute resolution not otherwise required to proceed in another forum by applicable law.

21.Class action waiver

To the maximum extent permitted by applicable law, you and Ares agree to bring disputes only in an individual capacity and not as a plaintiff, claimant, class member, or representative in any class, collective, consolidated, private attorney general, or representative action.

An arbitrator may not consolidate more than one person’s claims or preside over any class, collective, consolidated, or representative proceeding unless all parties expressly agree in writing.

22.Assignment, waiver, and severability

You may not assign, transfer, delegate, or sublicense these terms or any rights or obligations under them without Ares’s prior written consent. Any attempted assignment in violation of this section is void.

Ares may assign, transfer, or delegate these terms or any rights or obligations under them in its sole discretion.

No delay or failure to enforce any provision will operate as a waiver of that provision or any other provision.

If any provision of these terms is found unlawful, void, or unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

23.Entire agreement

These terms, together with the Privacy Policy and any additional terms that expressly apply to specific Services, constitute the entire agreement between you and Ares regarding the Services and supersede all prior or contemporaneous agreements, understandings, and communications regarding the Services.

24.Contact

• Legal: legal@arescode.com
• DMCA: DMCA@arescode.com
• Mailing address: Ares Product Development Services, 945 McKinney St #640, Houston, TX 77002