Obra Beta Software Agreement¶

Version: 2.1 Last Updated: December 2025

Plain Language Summary¶

Before you proceed, understand these key points:

This software MAY BREAK YOUR SYSTEM, DELETE FILES, OR CORRUPT DATA
This software MAY EXECUTE CODE AND COMMANDS WITHOUT ASKING PERMISSION
This software MAY INCUR SIGNIFICANT API CHARGES YOU MUST PAY
This software MAY BEHAVE UNPREDICTABLY OR TAKE UNINTENDED ACTIONS
Disputes will be resolved by BINDING ARBITRATION (with limited exceptions)
You WAIVE YOUR RIGHT to participate in class actions or jury trials
There are NO WARRANTIES and LIABILITY IS CAPPED AT $10 MAXIMUM
YOU ASSUME ALL RISKS from using this software
You MUST use this ONLY in a disposable, isolated test environment
You are PROHIBITED from using this on employer or corporate systems
You MUST NOT use this for production, real projects, or sensitive data
You MUST NOT use this for any business or organizational purpose
You MUST review ALL generated code before any use

If you do not accept these conditions, DO NOT install or use this software.

Full Terms and Conditions¶

This Agreement governs your use of Obra beta software ("Software"). By installing, accessing, or using this Software, you agree to be bound by these terms. If you do not agree, do not use this Software.

1. Definitions¶

"Agreement" means this Obra Beta Software Agreement.

"Software" means the Obra beta software, including the Local Installation (obra-client) and/or the SaaS Service, and all associated components.

"Local Installation" means the obra-client package installed on your system.

"SaaS Service" means the Obra cloud-based orchestration service accessed via Firebase Cloud Functions.

"AI Agents" means the autonomous software components that execute tasks, generate code, and perform actions on your behalf.

"Third-Party LLM Providers" means external AI model providers (including, without limitation, providers of large language models, generative AI services, and similar technologies) whose services may be used by the Software based on your configuration.

"Generated Output" means any code, text, files, or other content produced by the Software or AI Agents, including without limitation intermediate files, temporary artifacts, logs, cache, configuration changes, and any side effects of Agent execution.

"Test Environment" means an isolated, sandboxed computing environment under your personal account and exclusive control, not provided, funded, or paid for by any employer, company, or organization, used exclusively for personal evaluation and testing purposes unrelated to any employment, consulting, or contract work. This includes personal cloud accounts (e.g., personal AWS, DigitalOcean, or similar) provided they are billed to you individually and not associated with any employer.

"Tester" or "You" means the individual (not organization) using the Software.

"We," "Us," or "Authors" means Unpossible Creations, Inc., a Delaware corporation, and its officers, directors, employees, agents, successors, and assigns.

"Contributors" means any individual or entity that has contributed code, documentation, or other materials to the Software.

"Licensors" means any party that has licensed intellectual property, technology, or components incorporated into the Software.

"Affiliated Parties" means any parent, subsidiary, or commonly-controlled entity of Unpossible Creations, Inc.

"Employer Systems" means any system, device, network, repository, server, workstation, laptop, virtual machine, container, CI/CD pipeline, cloud instance, or computing environment that is owned, controlled, managed, leased, or operated by any employer, company, corporation, organization, institution, partnership, or other business entity.

2. License Grant¶

Subject to your compliance with these terms, you are granted a LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE, NON-SUBLICENSABLE, FULLY REVOCABLE license to use this Software SOLELY for personal, non-commercial testing and evaluation purposes on your own personal computing equipment.

Absolute Prohibitions¶

YOU MAY NOT:

Use this Software on any Employer Systems (as defined in Section 1)
Use this Software on any system, device, network, repository, or environment owned, controlled, or operated by any employer, company, corporation, organization, institution, or business entity
Use this Software in any production, commercial, or live environment
Use this Software for any commercial or revenue-generating activity
Use this Software for any business or organizational purpose, including internal business operations, software development, quality assurance, research, IT tasks, engineering activities, or any work performed in the course of employment or contract work
Process real customer data, regulated data, or sensitive information
Copy, modify, distribute, or create derivative works of the Software
Reverse engineer, decompile, disassemble, or attempt to derive source code
Remove, alter, or obscure any proprietary notices, labels, or marks
Sublicense, rent, lease, or lend the Software to any third party
Use the Software to develop competing products or services
Circumvent any technical limitations or access controls

For clarity, the above prohibitions apply to the Obra Software itself (source code, binaries, and components), not to Generated Output produced during authorized evaluation use, which is governed by Section 7 (AI-Generated Code Risks).

The prohibition on copying does not prevent you from making copies of the Software that are reasonably necessary to install and use the Software as permitted by this Agreement.

This license may be revoked at any time, for any reason, without notice.

THE PROHIBITION ON EMPLOYER SYSTEMS IS ABSOLUTE. No level of authorization, permission, or approval from any employer or organization can override this prohibition during the beta period.

3. Tester Representations and Warranties¶

BY USING THIS SOFTWARE, YOU REPRESENT AND WARRANT THAT:

Individual Use Only¶

You are using this Software as an INDIVIDUAL, not on behalf of any employer, company, organization, or other entity
You are using this Software on your own PERSONAL equipment only
You are NOT using any Employer Systems (as defined in Section 1)
You are NOT performing any work-related, employment-related, or business-related activities with this Software
Any evaluation you perform is purely for your own personal education and technical curiosity

Legal Authority¶

You are at least 18 years of age
You have the legal capacity to enter into this Agreement
Your use of this Software does not violate any agreement you have with any third party, including any employment agreement

Not a Consumer Product¶

You acknowledge that this Software is intended for use by software developers and technical professionals ONLY for personal evaluation
This Software is NOT a consumer product and is not intended for general consumer use
You are acquiring this Software for personal technical evaluation, not for personal, family, or household use in any consumer sense
The parties intend and agree that this Software is not a consumer product and that your use of the Software is not a consumer transaction
Accordingly, the parties intend that consumer protection laws should not apply to your use of the Software
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHTS OR PROTECTIONS THAT WOULD APPLY TO CONSUMERS UNDER ANY CONSUMER PROTECTION STATUTE, REGULATION, OR COMMON LAW DOCTRINE

Professional Technical Evaluation¶

You are using this Software as a technically-qualified individual for personal skill assessment and learning purposes only
This is neither a consumer transaction (personal/household use) nor a business transaction (commercial/organizational purpose)
You acknowledge this narrow carve-out for professional personal evaluation
This use case is distinct from both consumer and commercial contexts and is governed solely by this Agreement

Technical Competency¶

You are a software developer or technical professional
You understand how autonomous AI coding agents operate
You are capable of reviewing AI-generated code for correctness and safety
You can identify and remediate security vulnerabilities in code
You understand the risks of executing AI-generated code

Safe Usage Commitments¶

You WILL use this Software ONLY in an isolated, sandboxed Test Environment
You WILL use a virtual machine, container, or disposable system that you personally own and control
You WILL NOT connect the Test Environment to any business or corporate network
You WILL NOT expose any credentials, API keys, or secrets
You WILL NOT use this Software in any repository containing sensitive code
You WILL maintain complete backups before any testing session
You WILL use ONLY synthetic, non-production, non-sensitive test data
You WILL review ALL Generated Output before any use or execution
You WILL configure and monitor API spending limits where available
You WILL supervise all AI Agent activity during execution

Violation of Employer System Prohibition¶

Any violation of the absolute prohibition on Employer Systems set forth in Section 2 (License Grant) constitutes a MATERIAL BREACH of this Agreement and is expressly NOT authorized, permitted, or sanctioned in any way. Such violation remains unlawful and in breach of this Agreement. Notwithstanding such breach:

You FULLY ASSUME ALL LIABILITY for any damages, costs, claims, or consequences arising from such unauthorized use
You agree to INDEMNIFY the Authors against any and all claims from any employer, organization, or third party arising from your violation
The Authors accept NO RESPONSIBILITY whatsoever for any harm to any Employer Systems, data, operations, or business activities
Your violation does not create any license, permission, or authorization for such use and remains a material breach of this Agreement
These provisions survive termination of this Agreement

Prohibited Uses¶

You WILL NOT use this Software for regulated workloads (healthcare, finance, government, critical infrastructure, etc.)
You WILL NOT use this Software for mission-critical or safety-critical applications
You WILL NOT rely on this Software for any consequential decisions
You WILL NOT use Generated Output without independent verification

Jurisdictional Compliance¶

You are responsible for ensuring your use of this Software complies with all applicable laws and regulations in your jurisdiction
This Software is intended for use in jurisdictions where experimental autonomous software is permitted
You acknowledge that this Software may not comply with privacy or data protection laws in certain jurisdictions

4. Prohibited High-Risk Uses¶

YOU EXPRESSLY AGREE NOT TO USE THIS SOFTWARE FOR:

Military applications or weapons systems
Autonomous weapons or targeting systems
Nuclear facilities or nuclear-related applications
Aviation, air traffic control, or flight systems
Medical diagnosis, treatment, or life-support systems
Autonomous vehicles or transportation systems
Critical infrastructure (power, water, telecommunications)
Financial trading systems or automated financial decisions
Legal decision-making or judicial systems
Law enforcement or surveillance systems
Any application where failure could result in death or serious injury
Any application where failure could cause significant property damage
Any safety-critical or life-critical systems

This Software is experimental and NOT SUITABLE for any high-risk application.

5. Beta Software Acknowledgment¶

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

This Software is PRE-RELEASE BETA and NOT READY for any production use
This Software is provided FOR PERSONAL TESTING AND EVALUATION ONLY
This Software is EXPERIMENTAL and may be FUNDAMENTALLY FLAWED
This Software MAY CONTAIN serious bugs, errors, defects, and vulnerabilities
This Software MAY CAUSE data loss, corruption, or complete system failure
Features may be INCOMPLETE, UNSTABLE, BROKEN, or NON-FUNCTIONAL
The Software may be MODIFIED or DISCONTINUED at any time without notice
No documentation, support, maintenance, or updates are guaranteed
Beta testing participation creates NO expectation of future access
Updates to the Software MAY BREAK existing functionality without warning
The Software is NOT GUARANTEED to be compatible with any specific environment, operating system, model, or toolchain

6. Autonomous AI Agent Risks¶

THIS SOFTWARE USES AUTONOMOUS AI AGENTS. YOU UNDERSTAND AND ACCEPT THAT:

Autonomous Execution¶

AI Agents operate AUTONOMOUSLY and make decisions WITHOUT human approval
Agents may execute shell commands, scripts, and arbitrary code
Agents may install packages, dependencies, libraries, or other software
Agents may modify system configuration or environment variables
Agents may create, modify, overwrite, or DELETE any accessible files
Agents may make commits or perform version control actions within any repository accessible to them, and may attempt to push changes to remote origins depending on local Git configuration
Agents may take actions that EXCEED the scope of your original request
Agents may implement refactors, architectural changes, or modifications you did not intend or request

Unpredictable Behavior¶

AI behavior is NON-DETERMINISTIC and UNPREDICTABLE
The same input may produce different outputs on different runs
Agents may misinterpret instructions or context
Agents may take actions based on hallucinated or incorrect information
Agents may enter loops, recursive patterns, or runaway execution
Agents may conflict with each other or produce inconsistent outputs
Different agents (RCA, Code Review, Test Generation, Security Audit) may produce CONFLICTING suggestions, outputs, or modifications
Agents may REVERT, OVERWRITE, or UNDO each other's changes across iterations without warning
There is NO guarantee of consistency or correctness between agents

Multi-Agent Orchestration¶

This Software orchestrates MULTIPLE autonomous agents
Agents may delegate tasks to other agents or LLMs
The orchestration pipeline, quality scoring, and decision logic are ALL AI-generated and may be INCORRECT, INCOMPLETE, or MISLEADING
Validation and quality gates DO NOT guarantee correctness

Third-Party AI Models¶

The underlying behavior of Third-Party LLM Providers is NOT under our control and may change without notice
We cannot guarantee the consistency, accuracy, or safety of outputs from Third-Party LLM Providers
Third-Party LLM Providers have their own terms of service, usage policies, and limitations which you must comply with

Third-Party Terms Responsibility¶

As between you and us, this Agreement governs our relationship exclusively
This Agreement does NOT modify, supersede, or alter your obligations to any Third-Party LLM Provider; their terms of service govern your relationship with them independently
You are solely responsible for compliance with all Third-Party LLM Provider terms of service, acceptable use policies, and usage limitations
If there is any conflict between this Agreement and a Third-Party LLM Provider's terms, you must NOT use the Software in any manner that would cause you to violate the provider's terms
We accept no liability for your violation of Third-Party LLM Provider terms or for any actions taken by Third-Party LLM Providers against you
Changes to Third-Party LLM Provider terms, pricing, availability, or capabilities are outside our control and do not affect this Agreement

7. AI-Generated Code Risks¶

ALL CODE AND OUTPUTS GENERATED BY THIS SOFTWARE:

Quality and Correctness¶

May contain BUGS, ERRORS, LOGIC FLAWS, or SECURITY VULNERABILITIES
May be FACTUALLY INCORRECT or based on HALLUCINATED information
May be INCOMPLETE, NON-FUNCTIONAL, or INCOMPATIBLE with your system
May introduce REGRESSIONS, break existing functionality, or cause failures
May NOT compile, execute, or work as intended
May produce INCORRECT test results or false confidence in code quality

Intellectual Property¶

May INADVERTENTLY INCLUDE copyrighted, licensed, or proprietary third-party code, content, or intellectual property
May reproduce code from public repositories with incompatible licenses
May violate patents, trademarks, or other intellectual property rights
OWNERSHIP of Generated Output is UNCLEAR and NOT GUARANTEED

Ownership Disclaimer¶

The Authors claim NO OWNERSHIP of Generated Output produced during your use of the Software
The intellectual property status of Generated Output is uncertain and may vary by jurisdiction, provider, and the nature of the output
You must NOT assume that any Generated Output is free of third-party rights or suitable for unrestricted use
You release and waive all claims against the Authors relating to intellectual property ownership or infringement of Generated Output
You assume all risk regarding intellectual property status of outputs

Your Responsibilities¶

You are SOLELY RESPONSIBLE for reviewing ALL Generated Output
You are SOLELY RESPONSIBLE for testing ALL outputs before any use
You are SOLELY RESPONSIBLE for intellectual property clearance before any use beyond internal evaluation
You are SOLELY RESPONSIBLE for ensuring outputs comply with all applicable laws, licenses, regulations, and policies
You are SOLELY RESPONSIBLE for any consequences of using outputs

Notwithstanding the above uncertainty, you may use Generated Output solely within the scope of this license for personal evaluation purposes, subject to all disclaimers, limitations, and restrictions herein. BECAUSE IP OWNERSHIP OF GENERATED OUTPUT IS UNCERTAIN, THIS LIMITED PERMISSION DOES NOT AND CANNOT CONSTITUTE A GRANT OF INTELLECTUAL PROPERTY RIGHTS, AND YOU ASSUME ALL RISK REGARDING SUCH RIGHTS.

You have NO rights to the underlying intellectual property of the Obra Software itself, including but not limited to algorithms, architectures, prompt engineering techniques, or orchestration methods.

8. Data, Privacy, and Network Activity¶

Data Transmission¶

Your code, prompts, context, and data MAY BE TRANSMITTED to Third-Party LLM Providers based on your configuration
The Obra SaaS Service uses Two-Tier Prompting: strategic prompts are generated server-side. Obra servers do not receive or store your source code.
HOWEVER, your configuration of local agents may cause code to be transmitted to Third-Party LLM Providers, for which you are solely responsible
You are SOLELY RESPONSIBLE for verifying that local prompt enrichment and agent behavior does not transmit proprietary data to third parties
You are responsible for compliance with any applicable data policies

Network Activity Risks¶

AI Agents MAY make network requests to external services and endpoints
Network requests MAY unintentionally leak or expose sensitive data
Network activity MAY incur charges from third-party services
Network activity MAY violate firewall or security policies
Network activity MAY expose your system to external threats

Regulatory Non-Compliance¶

This Software is NOT COMPLIANT with GDPR, HIPAA, SOC2, PCI-DSS, FERPA, CCPA, or ANY other regulatory framework
Do NOT use with personal data, health data, financial data, or any regulated or sensitive information

Telemetry and Data Collection¶

The Obra SaaS Service stores orchestration metadata (project names, task descriptions, session status) in Firebase
Error logs and stack traces may be collected for debugging purposes
Data we COLLECT: project names, task descriptions, session status, timestamps, iteration counts, workflow state, error messages
Data that MAY INCIDENTALLY APPEAR in logs: filenames, directory paths, test descriptions, configuration values, metadata you provide
Data we do NOT INTENTIONALLY COLLECT: source code, repository contents, credentials, API keys, personal data from your projects
Third-Party LLM Providers have their own data retention policies which are outside of Obra's control

Data Controller¶

For the Obra SaaS Service, the data controller is Unpossible Creations, Inc.
For data transmitted to Third-Party LLM Providers, the respective providers are data controllers under their own privacy policies
Our Privacy Policy, available at https://obra.dev/privacy, describes our data practices in detail and is incorporated by reference into this Agreement (see Section 29 - Entire Agreement)

Data Requests¶

You may request deletion of your Obra account data by contacting the service provider at the address in our Privacy Policy
We will respond to data requests within 30 days

9. Financial Responsibility¶

YOU ARE SOLELY RESPONSIBLE for ALL costs incurred from using this Software
LLM API calls to Third-Party LLM Providers are billed directly to your accounts based on your API keys and usage
Autonomous agents may consume API credits RAPIDLY and UNEXPECTEDLY
A single testing session could incur SIGNIFICANT charges
NO spending limits, caps, budgets, or controls are guaranteed by Obra
The Authors accept NO RESPONSIBILITY for any charges you incur
You agree to configure and monitor your own API provider spending limits

10. Security Non-Certification¶

THIS SOFTWARE HAS NOT UNDERGONE:

Penetration testing
Security audit or review
SOC2 certification or assessment
Any formal security evaluation or certification

YOU ACKNOWLEDGE THAT:

This Software may contain security vulnerabilities
This Software should NOT be relied upon to enforce any security boundary
This Software should NOT be used to process or protect sensitive data
This Software provides NO security guarantees of any kind

11. SaaS-Specific Terms¶

If you are using the Obra SaaS Service (Firebase-based orchestration):

Access and Keys¶

License keys and access credentials may be REVOKED at any time, for any reason, without notice or explanation
There is NO guaranteed uptime, availability, or service level
The service may be modified, suspended, or discontinued at any time

Service Availability¶

Beta access may be RATE-LIMITED, THROTTLED, SUSPENDED, or DEGRADED at any time without notice
We may impose usage limits, quotas, or restrictions at our discretion
Service performance may vary and is not guaranteed

Data and State¶

There is NO obligation to retain, backup, or preserve your data
There is NO obligation to migrate your data or provide transition period
Session state, project data, and history may be deleted without notice
You are responsible for maintaining your own backups of any important data

Beta Termination¶

At the conclusion of the beta period, or upon termination of your access, ALL user data, logs, session state, and account information may be PERMANENTLY DELETED without prior notice or opportunity to export
No data will be migrated to any future version of the Software
You have no right to any data retained by the SaaS Service

Force Majeure¶

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, pandemic, epidemic, government actions or orders, internet or telecommunications failures, Third-Party LLM Provider failures or policy changes, cyberattacks, power outages, labor disputes, or any other event beyond our control
During any force majeure event, our obligations are suspended without liability for the duration of the event
If a force majeure event continues for more than ninety (90) days, we may terminate this Agreement without liability to you FOR SUCH TERMINATION, and your license shall automatically terminate. For the avoidance of doubt, the limitations set forth in Section 16 apply to all claims arising under or relating to this Agreement, including claims related to force majeure events
We are under no obligation to provide notice of force majeure events
For the avoidance of doubt, termination under this Force Majeure provision is not a modification of the Agreement requiring notice under Section 26 (Modifications to Terms); it is an exercise of a termination right already granted under this Agreement

12. Open Source Components¶

The Software may include open-source software components
Such components are governed by their respective open-source licenses
Where applicable, open-source license terms take precedence over this Agreement for those specific components
A list of open-source components and their licenses is available in the Software's repository
Nothing in this Agreement is intended to limit your rights under applicable open-source licenses

13. Feedback License¶

In consideration for your access to the Software, if you provide any feedback, suggestions, bug reports, feature requests, or other input regarding the Software ("Feedback"):

You grant us a perpetual, irrevocable, worldwide, royalty-free, fully-paid, sublicensable, transferable license to use, reproduce, modify, distribute, and otherwise exploit such Feedback for any purpose
You represent that you have the right to provide such Feedback
You waive any rights you may have in such Feedback
We are under no obligation to use, respond to, or compensate you for any Feedback
This license survives termination of this Agreement

14. Disclaimer of Warranties¶

THIS SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY.

THE AUTHORS AND CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO:

THE IMPLIED WARRANTY OF MERCHANTABILITY
THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE
THE IMPLIED WARRANTY OF NON-INFRINGEMENT
THE IMPLIED WARRANTY OF TITLE
ANY WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE
ANY WARRANTY THAT THE SOFTWARE WILL BE SECURE OR FREE OF VULNERABILITIES
ANY WARRANTY THAT DEFECTS WILL BE CORRECTED
ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR CORRECTNESS OF ANY OUTPUTS, CODE, OR RESULTS
ANY WARRANTY THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS
ANY WARRANTY THAT THE SOFTWARE WILL BE COMPATIBLE WITH ANY SPECIFIC ENVIRONMENT, SYSTEM, OR TOOLCHAIN
ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE

15. Assumption of Risk¶

YOU FULLY ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THIS SOFTWARE.

This includes, without limitation, risks of:

System damage, crashes, or complete failure
Data loss, corruption, or destruction
File deletion or modification
Security breaches or vulnerabilities introduced by generated code
Financial costs from API usage or third-party services
Intellectual property infringement claims
Regulatory or compliance violations
Unintended, unexpected, or harmful actions by AI Agents
Business interruption or consequential damages
Any other damages, losses, or harms of any kind

You acknowledge that you have been warned of these risks and have VOLUNTARILY chosen to assume them.

16. Limitation of Liability¶

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE AUTHORS, CONTRIBUTORS, LICENSORS, AND AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO:

Loss of data, files, code, or work product
Loss of profits, revenue, business, or anticipated savings
Loss of goodwill or reputation
System damage, corruption, or failure
Security breaches or vulnerabilities
Costs of procurement of substitute goods or services
Business interruption or downtime
Any damages arising from AI Agent actions, outputs, or behavior
Any damages arising from reliance on Generated Output

THIS LIMITATION APPLIES:

Regardless of the theory of liability (contract, tort, strict liability, or otherwise)
Even if the Authors have been advised of the possibility of such damages
Even if any limited remedy fails of its essential purpose

IN NO EVENT SHALL THE TOTAL LIABILITY OF THE AUTHORS EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE, OR TEN DOLLARS ($10.00), WHICHEVER IS LESS.

Nothing in this Agreement is intended to exclude or limit any liability that cannot be excluded or limited under applicable law.

Time Limitation on Claims¶

Any claim arising under or relating to this Agreement must be brought within one (1) year after the cause of action accrues, or the minimum period permitted by applicable law if longer, or such claim shall be permanently barred. This limitation applies to the fullest extent permitted by applicable law.

17. No Equitable Relief¶

Except for claims involving misappropriation or infringement of intellectual property rights (including patents, copyrights, trademarks, and trade secrets), you agree that you will not seek and are not entitled to injunctive or other equitable relief against us.

Your sole remedy for any claims shall be monetary damages, subject to the limitations set forth in Section 16.

18. Indemnification¶

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS the Authors, contributors, licensors, affiliates, officers, directors, employees, and agents FROM AND AGAINST ANY AND ALL claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or relating to:

Your use or misuse of the Software
Your violation of these terms, including the prohibition on Employer Systems
Your violation of any applicable law, regulation, or third-party rights
Any code, outputs, or content you generate, use, or distribute
Any actions taken by AI Agents during your use of the Software
Your failure to maintain adequate isolated testing environments
Your failure to review Generated Output before use
Any claims related to intellectual property in Generated Output
Any harm caused to third parties arising from your use
Any claims from any employer, organization, or business entity related to your use of the Software

Defense Procedure¶

Upon your request, we may choose (but are not obligated) to assume exclusive control of the defense of any indemnified claim, in which case you agree to cooperate with our defense. Our decision to assume or not assume defense does not waive your indemnification obligations.

19. No Reliance¶

YOU ACKNOWLEDGE AND AGREE THAT:

You have not relied on any statement, representation, warranty, or assurance not expressly set forth in this Agreement
You have not relied on any documentation, marketing materials, demonstrations, or verbal statements regarding the Software
This Agreement constitutes the sole and entire agreement regarding the subject matter herein
No other promises, inducements, or agreements have been made to you
You enter into this Agreement based solely on the terms contained herein
The Authors have no duty to discover, investigate, or disclose defects, vulnerabilities, or potential harms in the Software, and you are not relying on any implied obligation to do so

20. Termination¶

This license is effective until terminated
This license may be TERMINATED AT ANY TIME, for any reason or no reason, without prior notice
The Authors may DISCONTINUE the Software or service at any time
Upon termination, you must immediately cease all use of the Software
Upon termination, you must destroy all copies of the Software in your possession or control
Upon termination, any permission to use Generated Output under Section 7 shall immediately terminate for all Generated Output created AFTER such termination. For Generated Output created PRIOR to termination, you may continue to use such output solely for completing or maintaining projects in which such output was already incorporated prior to termination, subject to all disclaimers and limitations herein. You may not create new works using the Software or generate new output after termination
No refunds, compensation, or transition period will be provided

21. Survival¶

The following provisions shall survive termination or expiration of this Agreement in their entirety:

Section 1 (Definitions)
Section 3 (Tester Representations and Warranties)
Section 4 (Prohibited High-Risk Uses)
Section 5 (Beta Software Acknowledgment)
Section 8 (Data, Privacy, and Network Activity)
Section 9 (Financial Responsibility)
Section 10 (Security Non-Certification)
Section 12 (Open Source Components)
Section 13 (Feedback License)
Section 14 (Disclaimer of Warranties)
Section 15 (Assumption of Risk)
Section 16 (Limitation of Liability)
Section 17 (No Equitable Relief)
Section 18 (Indemnification)
Section 19 (No Reliance)
Section 22 (Export and Sanctions Compliance)
Section 23 (Arbitration Agreement)
Section 24 (Governing Law)
Section 25 (Class Action Waiver, Jury Waiver, and Representative Proceedings)
Section 27 (Severability)
Section 30 (Assignment)
Section 31 (Notices)
Section 32 (Independent Parties)
Section 33 (Third-Party Beneficiaries)

Additionally, the following subsections shall survive:

Section 2: The "ABSOLUTE PROHIBITIONS" list through "THE PROHIBITION ON EMPLOYER SYSTEMS IS ABSOLUTE" paragraph
Section 6: The "Third-Party Terms Responsibility" subsection
Section 7: The "Ownership Disclaimer" and "Your Responsibilities" subsections
Section 11: The "Force Majeure" subsection
Section 20: Paragraphs 4-6 regarding cessation, destruction, and Generated Output

22. Export and Sanctions Compliance¶

This Software may be subject to export control laws and economic sanctions of the United States and other jurisdictions. You represent and warrant that:

You are not located in, under the control of, or a national or resident of any country subject to applicable trade embargoes or sanctions, including but not limited to U.S., EU, UK, and UN sanctions
You are not listed on any applicable government list of prohibited, restricted, or sanctioned parties, including the U.S. Treasury OFAC SDN List, U.S. Commerce Entity List, EU Consolidated List, or UK Sanctions List
You will not export, re-export, transfer, or provide access to the Software in violation of any applicable export control or sanctions laws
You will comply with all applicable export, re-export, and sanctions laws of any relevant jurisdiction
You acknowledge that the Software may incorporate encryption or other technology subject to export restrictions
We reserve the right to implement technical measures, including IP geolocation restrictions, to enforce these export and sanctions compliance requirements

23. Arbitration Agreement¶

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH US THROUGH INDIVIDUAL BINDING ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

23.1 Agreement to Arbitrate¶

Any dispute, claim, or controversy arising out of or relating to this Agreement or your use of the Software (collectively, "Disputes") shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules.

23.2 Arbitrability¶

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this arbitration agreement is void or voidable.

23.3 Federal Arbitration Act¶

The Federal Arbitration Act (FAA) governs the interpretation and enforcement of this arbitration agreement. Delaware law governs all other aspects of the dispute, without regard to conflict-of-law principles.

23.4 Location¶

Arbitration will take place in Wilmington, Delaware, unless otherwise mutually agreed by the parties.

23.5 Individual Proceedings Only¶

Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitration or proceeding.

23.6 No Class Actions¶

You and we agree that the Class Action Waiver in Section 25 applies to all arbitration proceedings.

23.7 Exceptions¶

Either party may bring an individual claim in small claims court (if the claim qualifies) or seek injunctive relief in a court of competent jurisdiction regarding infringement or misappropriation of intellectual property.

23.8 Costs¶

Each party shall bear its own costs and attorneys' fees. The arbitrator shall have no authority to award costs or attorneys' fees to either party regardless of the outcome, except as required by non-waivable law. To the extent any fee-shifting is required by non-waivable law, such award shall be limited to the minimum amount required by such law. Initial filing fees shall be allocated in accordance with AAA Commercial Arbitration Rules. For claims under $10,000, we will pay all AAA filing and administration fees if the arbitrator finds you cannot afford them.

Nothing in this Section limits your indemnification obligations under Section 18 (Indemnification), which operates independently of arbitration fee allocation.

24. Governing Law¶

Except as provided in Section 23 (Arbitration Agreement), this Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.

For matters not subject to arbitration, you consent to the exclusive jurisdiction of the state or federal courts located in Delaware.

25. Class Action Waiver, Jury Waiver, and Representative Proceedings¶

Class Action Waiver¶

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

You waive any right to participate in a class action lawsuit or class-wide arbitration against us. You waive any right to bring claims on behalf of others or as part of a group.

If any court or arbitrator determines that this class action waiver is void or unenforceable for any reason, or that any claim may proceed on a class basis, then the arbitration provisions of Section 23 shall be deemed null and void in their entirety, and the parties shall be deemed to have not agreed to arbitrate disputes.

Jury Waiver¶

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT.

26. Modifications to Terms¶

These terms MAY BE MODIFIED at any time
Material modifications affecting your rights or obligations will be communicated via email or prominent notice at least fourteen (14) days before taking effect
Non-material modifications are effective immediately upon posting
Your continued use after the applicable notice period, or your explicit acceptance if prompted, constitutes acceptance of the modified terms
For material modifications, we may require you to re-accept the updated terms before further use of the Software
It is your responsibility to review these terms periodically
If you do not agree to modified terms, you must stop using the Software

27. Severability¶

If any provision of these terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such finding shall not affect the validity of the remaining provisions, which shall continue in full force and effect. If any provision is found overbroad or unenforceable, the court or arbitrator is authorized to reform such provision to the minimum extent necessary to render it enforceable while preserving the parties' intent.

This Agreement shall be interpreted fairly in accordance with its terms, without any presumption for or against either party as drafter.

Section headings are for convenience only and shall not affect the interpretation or construction of this Agreement.

28. Precedence¶

In the event of any conflict between this Agreement and any other documentation, marketing materials, or communications regarding the Software, the terms of this Agreement shall control and take precedence.

29. Entire Agreement¶

This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and the Authors regarding your use of this Software and supersedes all prior or contemporaneous agreements, understandings, representations, and warranties, whether written or oral.

Modifications to the Privacy Policy shall follow the notice procedures set forth in Section 26 (Modifications to Terms) of this Agreement to the extent such modifications materially affect your rights or obligations.

No waiver of any provision shall be deemed a waiver of any other provision, and no waiver shall constitute a continuing waiver.

30. Assignment¶

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under this Agreement without our prior written consent
Any attempted assignment in violation of this Section shall be void
We may freely assign, transfer, or delegate this Agreement and all rights and obligations hereunder to any successor in interest, acquirer, or affiliated entity without notice to you
This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns

31. Notices¶

Any notices under this Agreement may be provided via email to the address associated with your account, posting to the Software repository, publication on obra.dev, or any other reasonable means
You are responsible for maintaining a current email address and monitoring for notices
Notices are effective upon sending or posting
You are solely responsible for ensuring we have a current, valid email address for your account; failure to receive a notice due to an incorrect or inactive email address does not invalidate the notice
We are not required to provide individual notice for modifications to this Agreement; posting updated terms constitutes sufficient notice
For modifications to this Agreement, the notice effectiveness provision of this Section 31 governs when notice is deemed delivered; Section 26 governs when such modifications take effect

32. Independent Parties¶

The parties are independent contractors. Nothing in this Agreement creates any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship between you and the Authors. Neither party has authority to bind the other or to incur any obligation on behalf of the other.

33. Third-Party Beneficiaries¶

Contributors (as defined in Section 1 - Definitions), Licensors, and Affiliated Parties are express intended third-party beneficiaries of Sections 14 (Disclaimer of Warranties), 15 (Assumption of Risk), and 16 (Limitation of Liability) of this Agreement, with full rights to enforce such provisions directly against you. Except as set forth in this Section, this Agreement does not create any third-party beneficiary rights.

Acceptance¶

BY TYPING "I ACCEPT", YOU CONFIRM THAT:

You have had the OPPORTUNITY TO READ the full terms and UNDERSTAND they are legally binding
You AGREE to be legally bound by all of the above terms
You are using this Software as an INDIVIDUAL on your own personal equipment or personal cloud accounts (as defined in Section 1)
You are NOT using any Employer Systems or corporate/organizational equipment
You are NOT using this for any business or organizational purpose
You MEET all requirements in Section 3 (Tester Representations and Warranties)
You ACCEPT all risks described in Section 15 (Assumption of Risk)
You AGREE to resolve disputes through BINDING ARBITRATION (Section 23), subject to limited exceptions in Section 23.7 (Exceptions)
You WAIVE your right to participate in class actions (Section 25)
You WAIVE your right to a jury trial (Section 25)
You UNDERSTAND that certain provisions (listed in Section 21 - Survival) survive termination of this Agreement
You have had the OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL regarding this Agreement before accepting

IF YOU DO NOT ACCEPT THESE TERMS, TYPE "EXIT" TO ABORT.