Polycode terms of service

These terms govern your use of the Polycode native macOS application (“the App”), published by Anthony Izzo doing business under the trade name “Polycode” (the “Publisher”).

Effective date: July 3, 2026.

By installing, launching, or using the App, you accept these terms and represent that you are at least 13 years of age (or the minimum age of digital consent in your jurisdiction — 16 where the GDPR applies, subject to lower member-state ages where allowed). These terms are published at https://polycode.me/docs/terms-of-service and linked from the App’s App Store listing; the App does not currently present an in-app acceptance screen, so installation and continued use are the acceptance mechanism. If you do not accept these terms, do not install or use the App.

License grant

The App is distributed through the Apple Mac App Store. Your right to use the App is governed by Apple’s Licensed Application End User License Agreement (the “Apple EULA”), which Apple makes available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/. The Apple EULA grants you a non-exclusive, non-transferable license to use the App on any Apple-branded device that you own or control, subject to the Apple Media Services Terms and Conditions.

This document does not replace the Apple EULA. To the extent these terms add to or differ from the Apple EULA in a way Apple’s terms do not permit, the Apple EULA governs.

If you also use the App through TestFlight, your use is additionally governed by the Apple TestFlight terms.

Restrictions

You agree that you will not:

Reverse engineer, decompile, or disassemble the App, except to the extent such restriction is prohibited by applicable law.
Modify, adapt, or create derivative works of the App, except as expressly permitted by applicable law (including, where applicable, EU Software Directive Articles 5 and 6 for accessibility, interoperability, and similar purposes mandated by EU member-state law).
Remove, alter, or obscure any copyright, trademark, or other proprietary notices from the App.
Use the App in any manner that violates applicable law or any third-party rights.
Use the App to develop a competing application by copying or extracting the App’s code, design, user-interface elements, or other proprietary aspects.
Use the App to send abusive content, malware, unlawful material, or material that infringes another party’s rights via your configured providers.

You remain solely responsible for content you generate, transmit, or store using the App.

Bring your own keys

The App is a “bring your own keys” client. You are responsible for:

Maintaining accounts in good standing with the AI providers and cloud gateways you choose to configure.
Paying any costs those providers bill you for the inference, storage, or compute the App causes them to perform when you press submit.
Complying with each provider’s own terms of service. The Publisher does not extend any rights granted to you by a provider, and the Publisher cannot relieve you of obligations imposed by a provider.
The security of the provider API keys you configure in the App, including key rotation and revocation at the provider side when needed. The Publisher is not responsible for losses, unauthorized charges, or data exposure resulting from your configuration of provider keys, your account-level settings at those providers, or the compromise of any device on which you have entered or stored a key.

The App’s per-provider cost displays are estimates from each provider’s listed pricing at the time the request was made. Actual provider billing may differ (cache pricing tiers, enterprise discounts, billing-period rounding, off-by-day timing). The dashboard is a directional view, not a substitute for your provider’s billing console.

Diagnostics

The App sends anonymous, opt-out diagnostics by default (enabled on install, disabled at your discretion), as described in the Privacy policy. The Privacy policy is canonical for what diagnostics events contain, what they exclude, and how to disable them. The terms in this section coexist with that policy and do not replace it:

Diagnostics events do not contain personal identifiers, chat content, file paths, file contents, or model responses as event properties sent by the App (see the Privacy policy for the network-layer details and limits).
You may turn diagnostics off at any time in Settings → Privacy → Diagnostics. The Publisher will not condition use of the App on diagnostics being enabled.
Turning a diagnostics toggle off stops future diagnostics; it does not retroactively delete diagnostics already received by PostHog or Sentry. See the Privacy policy § Your rights for the processor-deletion pathway.
Anonymous diagnostics data shaped per the Privacy policy may be used by the Publisher to operate, secure, and improve the App, and the Publisher may retain and use aggregated statistics that do not identify you. The Publisher does not sell, rent, or share this data with marketing or advertising networks.

Updates

The App may include automatic updates delivered via the Mac App Store under your App Store update settings. Substantive functionality changes are described in the App’s changelog. The Publisher does not commit to a release cadence and may modify, withdraw, or replace features at its discretion.

Disclaimers

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE PUBLISHER DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT MODEL RESPONSES OBTAINED THROUGH THE APP WILL BE ACCURATE, COMPLETE, OR FIT FOR ANY PARTICULAR USE.

Outputs from AI providers are generated by algorithmic third-party systems (artificial intelligence) and may contain inaccuracies, fabrications, or content that is incorrect, misleading, harmful, or otherwise inappropriate. You acknowledge that you are interacting with AI systems, not humans. You are responsible for evaluating outputs before relying on them, and for ensuring that your use of outputs complies with applicable law and the providers’ own usage policies.

You should not rely on outputs of the App for legal, medical, financial, safety-critical, or other professional purposes without independent verification from a qualified professional. The App is a chat client, not a substitute for licensed professional advice or domain-specific expert review.

To the extent the EU Artificial Intelligence Act, the Colorado AI Act, or similar AI legislation in your jurisdiction applies to your use of the App, you — not the Publisher — act as the deployer of the AI system you have selected for the specific tasks you direct. The Publisher provides a passthrough chat interface to AI providers of your choosing under your credentials; it does not provide, train, fine-tune, or otherwise determine the AI system’s behavior. You are responsible for meeting any downstream transparency, disclosure, impact-assessment, or human-oversight obligations applicable to your deployment of those outputs (for example, EU AI Act Article 50 transparency obligations for AI-generated or AI-modified content you publish).

Regulated data. The App is not designed for the collection, storage, or processing of regulated data such as protected health information (HIPAA), nonpublic personal information (GLBA), education records (FERPA), criminal-justice information (CJIS), or other sector-specific regulated data. The Publisher is not a “business associate” under HIPAA and does not enter into Business Associate Agreements. Do not submit such data to the App, to diagnostics, or to your configured providers without first ensuring the relevant compliance posture is in place at each provider you have configured.

The above limitations apply only to the extent permitted by applicable law. Some jurisdictions do not allow the exclusion of certain warranties, in which case any unexcluded warranties are limited to the minimum extent permitted by law.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PUBLISHER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOSS OF USE, OR INTERRUPTION OF BUSINESS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, EVEN IF THE PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE PUBLISHER’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID THE PUBLISHER FOR THE APP IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY UNITED STATES DOLLARS ($50.00). THIS FLOOR EXISTS SO THAT A USER WHO PURCHASED THE APP IS NOT LEFT WITH AN ILLUSORY ZERO CAP IF THE PURCHASE FELL OUTSIDE THE TWELVE-MONTH WINDOW.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you in their entirety. The limitations apply to the maximum extent permitted by applicable law.

Nothing in this document limits the Publisher’s liability for fraud, fraudulent misrepresentation, death, or personal injury caused by negligence, or any other liability that cannot be limited or excluded under applicable law.

Indemnification

To the extent permitted by the law of your jurisdiction of residence, you agree to indemnify and hold the Publisher harmless from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of (a) your misuse of the App, (b) your violation of these terms, (c) your violation of any third-party right, including any third-party AI provider’s terms of service or any intellectual property right, or (d) content you submit, transmit, or store using the App. This obligation does not apply to the extent claims result directly from the Publisher’s gross negligence or willful misconduct, nor to the extent it is prohibited by mandatory consumer-protection law in your jurisdiction.

The Publisher will: (i) promptly notify you of any claim subject to this section, to the extent practicable; (ii) allow you to control the defense and settlement of the claim; and (iii) reasonably cooperate at your expense. You will not settle any claim in a manner that imposes liability or obligations on the Publisher without the Publisher’s prior written consent, which will not be unreasonably withheld. The Publisher may, at its own expense, participate in the defense of any claim with counsel of its own choice without limiting your obligations under this section.

Termination

These terms remain in effect for as long as you use the App. You may terminate them at any time by uninstalling the App and ceasing all use. The Publisher may terminate these terms with respect to you if you materially breach them.

Because the App runs locally on your Mac and is purchased through the Mac App Store, the Publisher does not have a technical mechanism to remotely disable a specific install. “Termination” by the Publisher under this section means the Publisher’s right to refuse further support, refund, or assistance to a materially breaching user, and to assert breach in connection with any claim or refund request you later make; it does not include a remote-revocation power over the installed App. The Apple EULA governs the Mac App Store license itself.

On termination, all licenses granted to you under these terms end. The following sections survive termination: § Restrictions, § Disclaimers, § Limitation of liability, § Indemnification, § Governing law, the entire-agreement, severability, no-oral-modifications, and assignment provisions of § Miscellaneous, and any obligation that has accrued before termination. The § Changes and § Contact sections do not survive termination.

Governing law

These terms are governed by the laws of the State of New York, United States, excluding its conflict-of-laws rules.

Before filing any claim, you and the Publisher agree to attempt informal resolution by emailing about@polycode.me with a description of the dispute. If the dispute is not resolved within thirty (30) days of that email, either party may proceed with formal action.

Any dispute that is not resolved informally will be brought in the state or federal courts located in New York County, New York, unless the laws of your place of residence give you the right to bring claims in your local courts or require a different forum. Nothing in this section limits mandatory consumer-protection dispute-resolution rights in your jurisdiction of residence, including (for EU residents) access to the European Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

Small-claims option. Either party may bring an individual claim in small-claims court located in New York County, New York, or — if permitted by that court’s rules — in the small-claims court of your county of residence. Small-claims disputes are not subject to the informal-resolution thirty-day window above and may be filed directly.

Limitations period. To the maximum extent permitted by applicable law, any claim arising out of or relating to these terms or the App must be filed within one (1) year after the claim accrues; otherwise, the claim is permanently barred. This limitation does not apply where consumer-protection law in your jurisdiction of residence provides a longer mandatory limitations period.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these terms.

Export controls and sanctions

You agree to comply with all applicable export-control and economic-sanctions laws, including the U.S. Export Administration Regulations (EAR) administered by the Bureau of Industry and Security, and the sanctions programs administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC). You will not export, re-export, transfer, or make the App or related technical data available, directly or indirectly: (a) to any country, region, or territory that is subject to a comprehensive U.S. embargo or comprehensive trade sanctions; (b) to any individual or entity on the U.S. Specially Designated Nationals and Blocked Persons List, the Entity List, the Denied Persons List, or any equivalent restricted-party list; or (c) for any end-use prohibited by U.S. export-control or sanctions law (including, without limitation, end-uses involving nuclear, missile, or chemical or biological weapons).

You represent and warrant that you are not a restricted party and that you will not permit the App to be used by, or transferred to, a restricted party or for a prohibited end-use. The country-restriction representation in § Apple-specific provisions remains in effect as a separate, App Store-driven covenant.

Apple-specific provisions

The following provisions apply because the App is distributed through the Mac App Store:

These terms are between you and the Publisher, not between you and Apple. Apple is not responsible for the App or its content.
Apple has no obligation to provide maintenance or support services for the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the App’s purchase price to you (to the extent permitted by applicable law). To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App.
The Publisher is responsible for addressing any product or third-party claims relating to the App, including but not limited to product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer-protection or similar legislation.
The Publisher is solely responsible for the investigation, defense, settlement, and discharge of any third-party intellectual-property infringement claim concerning the App.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and Apple’s subsidiaries are third-party beneficiaries of these terms, and upon your acceptance of these terms, Apple has the right (and is deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary.
If a future version of the App introduces account-based sign-in on an Apple platform (currently the App has no account system), the Publisher will offer Sign in with Apple in accordance with the then-current Apple App Store Review Guidelines, where Sign in with Apple is required by those Guidelines.

Miscellaneous

These terms (together with the Apple EULA and the Privacy policy) constitute the entire agreement between you and the Publisher concerning the App, and supersede any prior agreements on that subject. No modification of these terms is effective unless made in writing by the Publisher (a revision to this document, with an updated Effective date, qualifies). Oral statements, sales materials, or informal correspondence do not modify these terms. If any provision is held unenforceable, the remaining provisions remain in effect. The Publisher’s failure to enforce a provision is not a waiver of its right to do so later. You may not assign these terms; the Publisher may assign these terms in connection with a merger, acquisition, or sale of assets.

Changes

The Publisher may modify these terms from time to time. Material changes are reflected in this document and in the “Effective date” above. Because the App operates without user accounts, you may not receive a direct notification when these terms are updated — please check this page periodically.

If you do not agree to an updated version of these terms, your remedy is to stop using the App. Where applicable law requires affirmative consent to changes (for example, in some EU jurisdictions for material changes), the Publisher will surface a notice inside the App when feasible.

Contact

Email about@polycode.me with questions about these terms.