Terms of Service
Overview
Welcome to Codebyby! Before accessing our services, please read these Commercial Service Terms. These Commercial Service Terms ("Terms") are an agreement between Codebyby and you or the organization, company, or other entity you represent ("Customer").
These Terms govern Customer's use of Codebyby API keys and any other Codebyby products that reference these Terms, as well as all related Codebyby tools, documentation, and services (the "Services").
These Terms become effective on the earlier of the date Customer first electronically consents to these Terms and the date Customer first accesses the Services (the "Effective Date"). Please note that you may not accept these Terms on behalf of an organization, company, or other entity unless you have legal authority to bind that entity.
The Services under these Terms are not intended for consumer use.
Services
Overview: Subject to these Terms, Codebyby grants Customer the right to use the Services, including to support products and services that Customer provides to its own customers and end users ("Users").
Third-Party Features: Customer may choose to use features, services, or other content provided to Customer through the Services by third parties ("Third-Party Features"). Customer acknowledges and agrees that Third-Party Features are not Services, and Codebyby is not responsible for them.
Feedback: If Customer (in its sole discretion) provides feedback to Codebyby regarding the Services, Codebyby may use such feedback at its own risk without any obligation to Customer.
Customer Content
Between the parties and to the extent permitted by applicable law, Codebyby agrees that Customer (a) retains all rights in its Inputs, and (b) owns its Outputs. Codebyby disclaims any rights in Customer Content received under these Terms. Subject to Customer's compliance with these Terms, Codebyby hereby assigns to Customer any rights, title, and interest (if any) it may have in the Outputs.
Codebyby will not use Customer Content from the Services to train models.
"Inputs" refers to content submitted by Customer or its Users to the Services, and "Outputs" refers to responses generated by the Services in response to Inputs (Inputs and Outputs collectively referred to as "Customer Content").
Data Privacy
Data submitted through the Services will be processed in accordance with Codebyby's Data Processing Addendum ("DPA"), which is incorporated into these Terms by reference.
Trust and Safety; Restrictions
Compliance: Each party will comply with all laws applicable to the provision (Codebyby) and use (Customer) of the Services, including any applicable data privacy laws.
Policies and Service Terms: Customer and its Users may only use the Services in compliance with these Terms, including (a) the Usage Policy ("Usage Policy"), (b) our policy regarding countries and regions currently supported by Codebyby ("Supported Regions Policy"), and (c) our service-specific terms, all of which are incorporated into these Terms by reference. Customer must cooperate with Codebyby's reasonable requests for information to support compliance with its Usage Policy, including verifying Customer's identity and Service usage.
Limitations of Outputs; Notices to Users: Customer is responsible for evaluating whether Outputs are suitable for Customer's use case before using or sharing them, including conducting human review where appropriate. Customer acknowledges and must notify its Users that they should not rely on factual assertions in Outputs without independently checking their accuracy, as they may be false, incomplete, misleading, or not reflect recent events or information. Customer also acknowledges that Outputs may contain content inconsistent with Codebyby's views.
Use Restrictions: Customer will not, and will not attempt to, (a) access the Services to build a competitive product or service, including training a competitive AI model or reselling the Services, unless explicitly approved by Codebyby; (b) reverse engineer or copy the Services; or (c) assist any third party in attempting any of the activities restricted in this sentence.
Service Accounts: Customer is responsible for all activities under its account. If Customer believes its account used to access the Services has been compromised, or is subject to a denial of service or similar malicious attack that could negatively impact the Services, Customer will immediately notify Codebyby.
Confidentiality
Confidential Information: The parties may share information identified as confidential, proprietary, or similar, or information that a party reasonably understands to be confidential or proprietary ("Confidential Information"). Customer Content is Customer's Confidential Information.
Parties' Obligations: The receiving party ("Recipient") may use the disclosing party's ("Discloser") Confidential Information only to exercise its rights and perform its obligations under these Terms. Recipient may share Discloser's Confidential Information only with Recipient's employees, agents, and advisors ("Representatives") who need to know such Confidential Information and who are bound by confidentiality obligations at least as strict as those provided in these Terms. Recipient will protect Discloser's Confidential Information from unauthorized use, access, or disclosure in the same manner that it protects its own Confidential Information, and in no event with less than reasonable care. Recipient is responsible for all acts and omissions of its Representatives.
Exclusions: Confidential Information does not include information that: (a) becomes public through no fault of Recipient; (b) is obtained by Recipient from a third party without violation of the third party's confidentiality obligations; or (c) is independently developed by Recipient without use of Confidential Information. Recipient may disclose Confidential Information to the extent required by law or regulation, provided that Recipient: (i) notifies Discloser of such requirement in advance to the extent legally permitted; (ii) reasonably cooperates with Discloser's efforts to seek a protective order or other appropriate remedy; and (iii) discloses only the minimum necessary information required by law.
Intellectual Property
Codebyby's Rights: Except as explicitly provided in these Terms, Codebyby retains all rights, title, and interest in the Services and any related technology, software, documentation, and materials (including any improvements, updates, or modifications), including all intellectual property rights.
Customer's Rights: Customer retains all rights, title, and interest in its Customer Content, including all intellectual property rights.
Publicity
Neither party may use the other party's name, logo, or trademarks, or reference the other party's name or any transaction, relationship, or arrangement, without the other party's prior written consent, except (a) as required by law; or (b) Customer may state in its marketing materials and website that it uses the Services.
Fees
Fees: Customer agrees to pay all applicable fees ("Fees") based on Codebyby's then-current pricing and Customer's usage. Codebyby may change its pricing at any time, provided that Codebyby gives Customer advance notice of any such change. Any pricing change will take effect on the date specified in the notice.
Payment: Customer will pay Fees in accordance with the terms specified on invoices issued by Codebyby. If Customer fails to pay any Fees by the due date, Codebyby may charge late fees at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.
Taxes: Fees do not include any applicable taxes, including value-added tax, sales tax, use tax, or similar taxes. Customer is responsible for paying all such taxes unless Codebyby has a legal obligation to collect such taxes.
Termination and Suspension
Termination: These Terms will remain in effect until terminated by Customer or Codebyby in accordance with these Terms. Either party may terminate these Terms for any reason at any time by providing 30 days' prior written notice to the other party.
Termination for Breach: If a party breaches any material provision of these Terms, the other party may terminate these Terms after providing written notice to the breaching party, describing the breach and giving the breaching party 30 days to cure the breach (if curable). If the breach is not cured within such 30-day period, the non-breaching party may terminate these Terms.
Suspension: Codebyby may suspend Customer's access to the Services if: (a) Customer fails to pay any Fees when due; (b) Customer violates these Terms or the Usage Policy; (c) Codebyby reasonably believes use of the Services may cause harm or legal liability to Codebyby, its other customers, or third parties; or (d) required by law or regulation.
Effect of Termination or Suspension: Upon termination or suspension, Customer will immediately cease using the Services. Termination or suspension will not relieve Customer of its obligation to pay any Fees that have been incurred but not paid.
Disputes
Governing Law: These Terms are governed by the laws of the People's Republic of China, without regard to its conflict of laws provisions.
Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall first be resolved through friendly negotiation between the parties. If the dispute is not resolved within 30 days of negotiation, either party may submit the dispute to the people's court with jurisdiction.
Indemnification
Customer's Indemnification: Customer agrees to indemnify, defend, and hold harmless Codebyby and its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from: (a) Customer's or its Users' use of the Services; (b) Customer's or its Users' violation of these Terms; or (c) Customer Content infringing any third party's intellectual property or other rights.
Codebyby's Indemnification: Codebyby agrees to indemnify, defend, and hold harmless Customer and its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from: (a) Codebyby's violation of these Terms; or (b) the Services infringing any third party's intellectual property rights.
Indemnification Procedure: The indemnified party shall: (a) promptly notify the indemnifying party in writing of any such claim; (b) allow the indemnifying party to control the defense and settlement of such claim; and (c) provide the indemnifying party with reasonably necessary assistance at the indemnifying party's expense.
Warranties and Limitations of Liability
No Warranties: The Services are provided on an "as is" and "as available" basis, without any warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability: In no event shall Codebyby or its affiliates, officers, directors, employees, agents, or representatives be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data loss, business interruption, or any other commercial damages or losses, whether arising from contract, tort (including negligence), strict liability, or otherwise, even if Codebyby has been advised of the possibility of such damages.
Liability Cap: In no event shall Codebyby's total liability to Customer (whether arising from contract, tort (including negligence), strict liability, or otherwise) exceed the total Fees paid by Customer to Codebyby during the 12 months prior to the event giving rise to the claim.
Miscellaneous
Entire Agreement: These Terms constitute the entire agreement between Codebyby and Customer regarding the Services and supersede all prior oral or written agreements and understandings.
Modifications: Codebyby may modify these Terms at any time, provided that Codebyby gives Customer advance notice of any such modification. Modifications will take effect on the date specified in the notice. Customer's continued use of the Services after the effective date of a modification constitutes acceptance of the modified Terms.
Severability: If any provision of these Terms is held invalid or unenforceable by a court or arbitral tribunal of competent jurisdiction, the remaining provisions will remain in full force and effect.
Assignment: Customer may not assign or transfer these Terms or any of its rights or obligations under these Terms without Codebyby's prior written consent. Codebyby may assign or transfer these Terms or any of its rights or obligations under these Terms at any time without Customer's consent.
Notices: All notices must be in writing and delivered by email, fax, or registered mail to the addresses provided by the parties in these Terms.
Force Majeure: Neither party shall be liable for any failure to perform or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, war, riots, strikes, government actions, or communication or network failures.
Survival: Certain provisions of these Terms, including but not limited to confidentiality, intellectual property, indemnification, warranties and limitations of liability, and miscellaneous provisions, will survive termination of these Terms.
Service Regions
Effective Date: October 30, 2025
Commercial API access and Codebyby services.
To the extent permitted by law, Codebyby reserves the right to not provide its products or services to entities whose direct or indirect ownership is predominantly held by countries other than those listed in our Supported Regions Policy.
API
Countries, regions, and territories where we currently offer commercial API access:
Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei, Bulgaria, Burkina Faso, Burundi, Cape Verde, Cambodia, Cameroon, Canada, Chad, Chile, Colombia, Comoros, Congo (Brazzaville), Costa Rica, Côte d'Ivoire, Croatia, Cyprus, Czechia, Denmark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Estonia, Eswatini, Fiji, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kiribati, Kuwait, Kyrgyzstan, Laos, Latvia, Lebanon, Lesotho, Liberia, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Moldova, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Namibia, Nauru, Nepal, Netherlands, New Zealand, Niger, Nigeria, North Macedonia, Norway, Oman, Pakistan, Palau, Palestine, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, São Tomé and Príncipe, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Taiwan, Tajikistan, Tanzania, Thailand, Timor-Leste, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, Ukraine (excluding Crimea, Donetsk, Kherson, Luhansk, and Zaporizhzhia regions), United Arab Emirates, United Kingdom, United States of America, Uruguay, Uzbekistan, Vanuatu, Vatican City, Vietnam, Zambia, Zimbabwe
Additional Notes
This list may be updated periodically For regions not listed, please contact our support team for availability Certain services may have additional restrictions in specific regions