Terms · Last updated 2026-05-15

Terms of service.

The agreement between you and usetheo for using our website and products. Plain language where we can; specific where we have to be.

Standard agreement, not legal advice. These terms govern general use of the website and open-source products. Enterprise customers requiring a negotiated Master Services Agreement, Data Processing Addendum, or jurisdiction-specific terms should contact hello@usetheo.dev — these terms are superseded by that MSA in case of conflict.

1. Acceptance

By accessing usetheo.dev or using any usetheo product (TheoCode, TheoCreate, TheoKit, TheoCloud, TheoUI, TheoKit-SDK), you ("you", "your") agree to these terms.

If you use the service on behalf of an organization, you confirm you have authority to bind that organization, and "you" includes that organization.

These terms apply to free use of the open-source products and the public-tier of TheoCloud. Enterprise customers under a Master Services Agreement (MSA) are governed by that MSA in case of conflict.

2. Open-source products

The following products are released under the Apache License 2.0:

  • TheoCode (the coding agent, CLI and Desktop)
  • TheoCreate (`create-theo`, the polyglot scaffolder)
  • TheoKit (the Next.js framework for full-stack agents)
  • TheoUI (`@usetheo/ui`, the React component library)
  • TheoKit-SDK (`@usetheo/sdk`, the agent SDK)

Your rights and obligations for these products are governed primarily by the Apache-2.0 license, available at apache.org/licenses/LICENSE-2.0. Nothing in these terms restricts the rights granted by the Apache-2.0 license for those products.

These terms apply to your use of the usetheo.dev website and any hosted services we operate around the open-source products (documentation, distribution, support channels).

3. TheoCloud (commercial)

TheoCloud is our commercial managed runtime. Access is currently in early access and subject to availability.

Under TheoCloud:

  • You retain full ownership of your code, content, and data deployed through the service.
  • You grant us a non-exclusive, royalty-free license to host, store, process, and transmit that content only as necessary to operate the service for you.
  • We retain ownership of the platform, infrastructure, brand, and any improvements to the service.

Self-hosting TheoCloud is available under a separate commercial license. Contact us at hello@usetheo.dev for self-host terms.

4. Acceptable use

You may not use the service to:

  • Host illegal content, malware, phishing kits, or content infringing on third-party rights
  • Engage in unlawful activity, harassment, or abuse
  • Attempt to disrupt the service (DDoS, resource exhaustion, exploitation of vulnerabilities)
  • Reverse-engineer the platform beyond what the Apache-2.0 license permits for the open-source products
  • Scrape the service in violation of our robots.txt or rate limits
  • Impersonate usetheo or its team
  • Resell or sublicense TheoCloud without a separate written agreement

We may suspend or terminate accounts that violate these terms, with notice when feasible.

5. Account responsibilities

You are responsible for: (a) maintaining the confidentiality of your credentials, (b) all activity that occurs under your account, (c) ensuring that anyone you grant access to your account also complies with these terms, and (d) the lawful operation of any application you deploy through the service.

Notify us immediately if you suspect unauthorized access: security@usetheo.dev.

6. Fees, billing, and changes

The open-source products are free to use under their respective licenses.

TheoCloud is currently in early access. When commercial billing is introduced, plans, prices, and metering details will be published on the Pricing page. Material pricing changes will be communicated to active customers in advance.

You are responsible for all taxes applicable to your use of paid services (sales tax, VAT, etc.), except for taxes on our income.

7. Intellectual property

We retain all rights, title, and interest in the usetheo trademarks, branding, the TheoCloud platform, our documentation, and any improvements to the service we make from time to time.

You retain all rights, title, and interest in your code, content, and data. Nothing in these terms grants us ownership of your content beyond the limited license described in Section 3.

Feedback you provide to us (suggestions, ideas, bug reports) may be used by us without obligation or attribution.

8. Service availability

We aim for high availability but do not guarantee uninterrupted service. The service is provided "as is" and "as available" without uptime SLA, except where a separate SLA is agreed in writing (Enterprise).

Scheduled maintenance is communicated in advance. Unplanned incidents are reported via our status channel (when available).

9. Disclaimer of warranties

To the maximum extent permitted by law, the service is provided "as is" and "as available" without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy of data, or uninterrupted operation.

You acknowledge that AI-assisted coding tools (TheoCode) generate output based on probabilistic models and may produce incorrect, incomplete, or insecure code. You are responsible for reviewing and validating all generated output before deploying it.

10. Limitation of liability

To the maximum extent permitted by law, in no event shall usetheo, its affiliates, officers, employees, or licensors be liable for:

  • Indirect, incidental, special, consequential, exemplary, or punitive damages
  • Loss of profits, revenue, goodwill, data, or business opportunities
  • Damages arising from your use of (or inability to use) the service, even if we have been advised of the possibility of such damages

Our total cumulative liability for any claim arising out of or related to these terms is limited to the greater of: (a) the amount paid by you to usetheo in the 12 months preceding the claim, or (b) USD 100. Some jurisdictions do not allow the exclusion or limitation of certain damages; in those, our liability is limited to the maximum extent permitted.

11. Indemnification

You agree to indemnify and hold harmless usetheo and its affiliates from any claim, damages, or expenses (including reasonable legal fees) arising from: (a) your violation of these terms, (b) your content or applications deployed through the service, or (c) your violation of any law or third-party right.

12. Termination

You may stop using the service or close your account at any time.

We may suspend or terminate accounts that violate these terms, with notice when feasible. We may also discontinue the service with reasonable advance notice.

On termination, you may export your code, configuration, and deployment history within 30 days. After that period, we may delete your data, except for records we are required to retain by law.

13. Changes to these terms

We may update these terms as the service evolves or as legal requirements change. Material changes will be communicated by email (account holders) or by a banner on usetheo.dev at least 30 days before they take effect, when feasible. Continued use after the effective date constitutes acceptance.

14. Governing law and dispute resolution

These terms are governed by the laws of the jurisdiction in which usetheo is incorporated, without regard to its conflict-of-laws principles. The governing law jurisdiction is provided on request: hello@usetheo.dev.

Disputes shall first be addressed through good-faith negotiation. If unresolved within 60 days, disputes shall be resolved by binding arbitration or in the courts of the governing jurisdiction, as the parties agree.

Nothing in these terms limits your right to pursue injunctive relief in any competent court for intellectual property infringement.

15. Miscellaneous

If any provision of these terms is held unenforceable, the remaining provisions remain in effect.

Our failure to enforce any right is not a waiver of that right.

You may not assign these terms without our prior written consent. We may assign these terms in connection with a merger, acquisition, or sale of assets.

These terms, together with the Privacy Policy and any product-specific licenses (e.g., Apache-2.0), constitute the entire agreement between you and usetheo regarding the service.

16. Contact

For questions about these terms, email hello@usetheo.dev.