Terms of Use

Welcome to Opensmith ("Company," "we," "our," or "us"). These Terms of Use ("Terms") govern your access to and use of Opensmith's AI-powered release notes platform, including our website, software, and services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

Opensmith LLC is a Limited Liability Company organized under the laws of Delaware and operating in North Carolina, USA.

2.1 Age Requirements

You must be at least 13 years of age to use the Service. If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

By using the Service as a minor, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

2.2 Account Security

When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

You are solely responsible for any activities or actions taken under your account, whether or not you authorized such activities.

3.1 Service Tiers

Opensmith offers two service tiers:

• Free Plan: Includes unlimited projects, manual release notes, release notes hubs, and GitHub repository connection
• Pro Plan ($10/month): Includes all Free Plan features plus unlimited AI release note generation, background AI generation, third-party integrations, and webhooks

3.2 Payment Terms

Pro Plan subscriptions are billed on a recurring monthly basis. By subscribing to the Pro Plan, you authorize us to charge your payment method on a recurring basis until you cancel your subscription.

3.3 No Refunds

All payments are non-refundable. We do not provide refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. If you cancel your subscription, you will continue to have access to the Pro Plan features until the end of your current billing period.

3.4 Plan Changes

You may upgrade, downgrade, or cancel your subscription at any time through your account settings. Changes to your subscription will take effect at the start of the next billing cycle.

4.1 Your Content

You retain all ownership rights to the content you create, upload, or generate through the Service, including release notes, project data, and GitHub repository information ("User Content").

4.2 License to Opensmith

By using the Service, you grant Opensmith a worldwide, non-exclusive, royalty-free license to access, use, process, store, display, and transmit your User Content solely for the purposes of:

• Providing and operating the Service
• Generating AI-powered release notes
• Displaying your public release notes hubs
• Improving and developing our Service
• Complying with legal obligations

4.3 Public Content

When you publish release notes or make your release hub public, you acknowledge that this content will be accessible to anyone with the link. You are responsible for ensuring you have the right to make such content public.

4.4 Content Restrictions

You agree not to upload, create, or share User Content that:

• Violates any law or regulation
• Infringes on intellectual property rights of others
• Contains malware, viruses, or harmful code
• Is defamatory, obscene, or offensive
• Violates the privacy or publicity rights of others

5.1 AI Disclaimer

Opensmith uses artificial intelligence to generate release notes based on your GitHub repository activity. While we strive to provide accurate and helpful content, AI-generated content may contain errors, inaccuracies, or inconsistencies.

5.2 User Responsibility

You are solely responsible for reviewing, editing, and approving all AI-generated content before publishing or sharing it. You should verify the accuracy and appropriateness of AI-generated release notes for your specific use case.

5.3 No Warranty

We make no representations or warranties regarding the accuracy, completeness, or reliability of AI-generated content. You use AI-generated content at your own risk.

6.1 GitHub Connection

Our Service integrates with GitHub to access your repository information and activity. By connecting your GitHub account, you authorize Opensmith to access your GitHub data through the GitHub API on your behalf.

6.2 Opensmith's Responsibility

Opensmith is responsible for our use of the GitHub API and will comply with GitHub's Terms of Service and API usage policies. We will only access the GitHub data necessary to provide the Service to you.

6.3 Data Access

We will access and process the following GitHub data:

• Repository information (name, description, branch data)
• Commit history and messages
• Pull requests and issue data
• User profile information

6.4 Disconnection

You may disconnect your GitHub account at any time through your account settings. Disconnecting will stop our access to your GitHub data but will not delete previously synced information.

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law
• Infringe upon or violate our intellectual property rights or those of others
• Transmit or procure the sending of any advertising or promotional material without our prior written consent
• Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
• Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service
• Attempt to bypass any measures designed to prevent or restrict access to the Service
• Copy, modify, or distribute rights or content from the Service without our express written permission
• Use the Service in any manner that could disable, overburden, damage, or impair the site
• Use any device, software, or routine that interferes with the proper working of the Service

8.1 Opensmith's Property

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Opensmith LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes. This license does not include any right to resell or commercial use of the Service or its contents.

8.3 Trademarks

The Opensmith name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Opensmith LLC. You may not use such marks without our prior written permission.

The Service may contain links to third-party websites or services that are not owned or controlled by Opensmith, including but not limited to GitHub, payment processors, and AI service providers.

Opensmith has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Opensmith shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods, or services available on or through any such websites or services.

10.1 Termination by You

You may terminate your account at any time by contacting us or through your account settings. Upon termination, your right to use the Service will immediately cease.

10.2 Termination by Us

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Requests by law enforcement or government agencies

10.3 Effect of Termination

Upon termination, all licenses and rights granted to you will immediately cease. We may retain your User Content as required by law or for legitimate business purposes, subject to our Privacy Policy.

11.1 Service Provided "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER OPENSMITH LLC NOR ANY PERSON ASSOCIATED WITH OPENSMITH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE.

11.2 Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL OPENSMITH LLC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

11.3 Maximum Liability

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO OPENSMITH IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

11.4 Jurisdiction Variations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations above may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

You agree to defend, indemnify, and hold harmless Opensmith LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Service
• Your User Content
• Your violation of any rights of another person or entity, including intellectual property rights
• Any breach of your representations and warranties set forth in these Terms

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

13.2 Jurisdiction

You agree that any legal action or proceeding relating to your access to, or use of, the Service shall be instituted in a state or federal court located in Delaware. You agree to submit to the jurisdiction of such courts and waive any objection to such courts, whether on the grounds of venue, residence, domicile, or otherwise.

13.3 Time Limitation

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

We reserve the right to modify these Terms at any time. We will notify you of any material changes by:

• Posting the new Terms on this page
• Updating the "Last Updated" date
• Sending an email notification to your registered email address

Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service and may terminate your account.

We encourage you to review these Terms periodically to stay informed of any updates.

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.

No waiver by Opensmith of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Opensmith to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and Opensmith concerning the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Opensmith.

If you have any questions about these Terms, please contact us at: