Legal

Terms of Service

ColdFlameUs LLC — ColdFlame Application
Effective Date: May 14, 2025 · Last Updated: May 14, 2025

Please read these Terms of Service ("Terms") carefully before using the ColdFlame desktop application and related services (the "Service") provided by ColdFlameUs LLC ("ColdFlame," "we," "us," or "our"). By downloading, installing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. The Parties

These Terms constitute a legally binding agreement between you (an individual or the legal entity you represent, "User" or "you") and ColdFlameUs LLC, a limited liability company organized under the laws of the State of Wyoming, United States of America.

2. Eligibility

  • You must be at least 18 (or the age of majority in your jurisdiction).
  • If using on behalf of an organization, you represent you have authority to bind that entity.
  • Your use of the Service must comply with all applicable laws.

3. License Grant

Subject to your compliance with these Terms and payment of applicable fees, ColdFlameUs LLC grants you a limited, non-exclusive, non-transferable, revocable license to:

  • Download and install the ColdFlame application on devices you own or control.
  • Use the Service for your personal or internal business purposes.

This license does not include the right to sublicense, sell, resell, transfer, assign, or commercially exploit the Service; modify, adapt, or create derivative works; reverse engineer, decompile, or disassemble except as permitted by law; or remove proprietary notices.

4. Enterprise Self-Hosted Deployments

Enterprise customers who purchase a self-hosted deployment license may deploy ColdFlame within their own infrastructure under a separate Enterprise License Agreement. You are solely responsible for the security, configuration, compliance, and data governance of your deployment. ColdFlameUs LLC has no access to data processed in self-hosted environments.

5. Third-Party AI Model Services

5.1 Nature of AI Services

ColdFlame enables connections to third-party AI models (e.g., Anthropic Claude, OpenAI GPT, DeepSeek) ("AI Providers"). ColdFlameUs LLC does not own, operate, or control these models.

5.2 Your Responsibility for API Keys

If you use BYOK, you are solely responsible for usage charges, unauthorized use of your credentials, and compliance with each AI Provider's terms. Do not share API keys. ColdFlame does not store your keys on our servers in BYOK mode.

5.3 AI-Generated Content

AI output may be inaccurate, incomplete, biased, or unsuitable. You are solely responsible for evaluating and using it. ColdFlameUs LLC makes no representations or warranties about AI output, which does not constitute professional advice of any kind.

5.4 DeepSeek Notice

DeepSeek is operated by a company based in the People's Republic of China; data sent to DeepSeek is subject to Chinese law. Enabling DeepSeek may be incompatible with certain regulatory regimes (GDPR, HIPAA, etc.).

6. Geographic Scope and Mainland China Notice

ColdFlame is designed for use in markets outside Mainland China. If you access the Service from Mainland China, you do so at your own risk and are solely responsible for compliance with all applicable Chinese laws. Organizations in Mainland China should consider our Enterprise Self-Hosted Deployment option.

7. Acceptable Use Policy

You agree not to use the Service to:

  • Violate any applicable law or regulation.
  • Generate or distribute illegal, harmful, abusive, or defamatory content.
  • Generate CSAM or content sexually exploiting minors.
  • Develop or deploy weapons of mass destruction or bioweapons.
  • Impersonate any person or entity.
  • Engage in automated scraping of the Service.
  • Circumvent security features or interfere with the Service.
  • Attempt unauthorized access.
  • Resell or sublicense access without prior written consent.

We may suspend or terminate access for violations at our sole discretion.

8. Subscription, Payment, and Refunds

8.1 Subscription Plans

Plans are described on our website. We may change pricing with reasonable notice.

8.2 Payment

Payments are processed by Stripe, Inc. Fees are in U.S. Dollars unless stated otherwise.

8.3 Auto-Renewal

Subscriptions auto-renew unless canceled before the renewal date via account settings.

8.4 Refunds

14-day money-back guarantee for new subscribers. Later requests are evaluated case-by-case. Contact billing@coldflameus.com.

8.5 Enterprise Licensing

Enterprise customers are subject to terms in their separate Enterprise License Agreement or order form.

9. Intellectual Property

9.1 Our Property

The Service is owned by ColdFlameUs LLC and protected by IP laws. Nothing in these Terms transfers ownership to you.

9.2 Your Content

You retain ownership of content you create or process. We receive no rights to it, as it is stored locally on your device.

9.3 Feedback

Feedback you provide grants us a royalty-free, worldwide, irrevocable license to use it to improve the Service.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. ColdFlameUs LLC does not warrant that the Service will meet your requirements; be uninterrupted, timely, secure, or error-free; that AI output will be accurate; or that errors will be corrected.

11. Limitation of Liability

To the maximum extent permitted by law, ColdFlameUs LLC shall not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, data, goodwill, or business interruption. Total cumulative liability shall not exceed the greater of (a) amounts paid to us in the 12 months preceding the claim, or (b) USD $100.

Some jurisdictions do not allow certain exclusions, so some limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless ColdFlameUs LLC and its agents from claims arising out of (a) your violation of these Terms; (b) your use of the Service; (c) your violation of third-party rights; or (d) content you create or process using the Service.

13. Termination

13.1 By You

You may stop using and cancel anytime via account settings.

13.2 By Us

We may suspend or terminate access at any time, with or without cause, with reasonable notice. Material violations may result in immediate termination.

13.3 Effect of Termination

Your license ceases immediately. Sections 10, 11, 12, 14, and 15 survive termination.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of Wyoming, without regard to conflict of law principles.

14.2 Informal Resolution

Contact legal@coldflameus.com and attempt informal resolution for at least 30 days before formal proceedings.

14.3 Binding Arbitration

Disputes shall be resolved by binding arbitration administered by the AAA under its Commercial Arbitration Rules, in Wyoming. The arbitrator's decision is final and binding.

14.4 Class Action Waiver

You and ColdFlame agree that each may bring claims only in an individual capacity and not as a plaintiff or class member in any class or representative action.

14.5 Exception for Injunctive Relief

Either party may seek emergency injunctive or equitable relief in court without prejudice to the arbitration obligation.

15. General Provisions

15.1 Entire Agreement

These Terms, with our Privacy Policy and any Enterprise License Agreement, constitute the entire agreement and supersede prior agreements.

15.2 Changes to Terms

We may update these Terms; material changes will be notified via the application or email. Continued use after the effective date constitutes acceptance.

15.3 Severability

Unenforceable provisions will be modified to the minimum extent necessary; the remainder continues in effect.

15.4 Waiver

Our failure to enforce any provision is not a waiver of the right to enforce it later.

15.5 Assignment

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

15.6 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

15.7 No Agency

Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship.

15.8 Contact

ColdFlameUs LLC
Legal: legal@coldflameus.com
Website: https://coldflameus.com

© 2025 ColdFlameUs LLC. All rights reserved.