Terms of service

Some clauses below are marked [TODO]. They are commercial decisions that have not been made yet and have not been reviewed by a lawyer. They are left visible rather than filled with plausible-sounding text, because a term you cannot rely on is worse than one that admits it is unfinished.

1. Who you are agreeing with

These terms are an agreement between you — and, if you sign up for an organization, that organization — and Kismet Software LLC, a Utah limited liability company doing business as flamelens (“we”, “us”). By creating an account or using the service you accept these terms and our privacy policy. If you accept on behalf of an organization, you confirm you are allowed to bind it.

2. What the service does

You upload a profiler recording. We summarise it, have it analysed, and return a report: ranked findings, the evidence behind each one, and suggested fixes. You can also point the service at a running JVM, or run the agent in your own CI.

The report is an opinion, not a guarantee. It is produced by a language model reading a summary of your profile. It can be wrong, it can miss things, and it can suggest a change that is inappropriate for your system. Treat it the way you would treat a colleague's review: useful, and still your call. Do not deploy a change because a report suggested it and nobody looked.

3. Your account

Keep your credentials to yourself and tell us if you think they have been used by someone else. You are responsible for what happens under your account. We verify your email address before the account is usable, and each browser login is confirmed with an emailed code.

We may suspend an account that is being used to attack the service, to work around plan limits, or to upload material you have no right to upload.

4. What you upload, and what we keep

You keep everything you upload. You grant us only the permission needed to run the service: to process your recording, produce a report, and store that report for you.

The raw recording is deleted once the analysis finishes. The report is kept until you delete it. A profiler recording contains your class and method names, so a report describes the shape of your code — see the privacy policy.

You confirm you are entitled to upload what you upload, and that doing so does not breach an agreement you have with someone else.

5. The free tier and the public insights page

Every analysis produces one anonymized finding — a category, a library, a count — carrying no reference to you or your organization.

On the Free and Student plans those findings always contribute to the public insights page and to the feed we give library maintainers. That contribution is what the free tier costs, and it cannot be switched off on those plans. On Pro and Enterprise it is off unless you opt in. Self-hosted installations never contribute.

6. Plans, credits, and billing

Paid plans are billed monthly through Stripe. Enterprise is billed per agent seat. Plan changes take effect when Stripe confirms them — not when the browser says so.

One AI analysis costs one credit, whatever produced it. A credit is reserved before the analysis and settled after it, so an analysis that fails does not consume one. Credit packs are a one-off purchase, work on any plan, and are not consumed by your monthly allowance. Rule-based scans cost no credits.

Fees are non-refundable except where the law says otherwise. You can cancel at any time and keep access until the end of the period you have paid for. [TODO: confirm refund posture and whether unused purchased credits are refundable on cancellation.]

7. Acceptable use

Do not use the service to break the law, to attack anyone (including us), to circumvent limits or credits, to resell the analysis as your own product, or to point a live scan at a system you are not authorised to profile. That last one matters: the service will refuse targets it cannot validate, and going around that is on you.

8. Availability

We try to keep the service up and we do not promise it will be. [TODO: decide whether to offer an uptime commitment, and on which plans.] We may change or withdraw features; where a change removes something you rely on, we will give notice we would want ourselves.

9. Our intellectual property

The service, its interface, and the analysis engine are ours. These terms give you the right to use the service, not to copy it. The anonymized aggregates published on the insights page are ours to publish; the reports produced for you are yours.

10. Warranties and liability

The service is provided “as is”. We do not warrant that a report is accurate, complete, or fit for a particular purpose — see clause 2.

[TODO: liability cap — e.g. the amounts paid to us in the 12 months before the claim. Needs counsel.] [TODO: confirm mutual vs. one-way indemnity with counsel.]

11. Termination

You can close your account whenever you like, from your settings, and that deletes your data as described in the privacy policy. We may close an account for a serious or repeated breach of these terms, and will tell you why unless we are not allowed to.

12. Governing law

These terms are governed by the laws of the State of Utah, without regard to conflict-of-laws rules, and disputes will be heard in the state or federal courts of Salt Lake County, Utah — Kismet Software LLC is a Utah limited liability company. [TODO: decide whether to add arbitration / a class-action waiver.]

13. Changes

If we change these terms materially we will say so on this page and, where the change affects a paid plan, by email before it takes effect.

14. Contact

Questions about these terms: legal@flamelens.dev. [TODO: registered business address.]