AI Infrastructure

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Terms of Service

These Terms of Service ("Terms") govern your access to and use of the AI Infrastructure Planner web application and any related services (collectively, the "Service") provided by CuneoCode ("Service Provider", "we", "us", or "our").

By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and any future amendments and additions to these Terms as published from time to time. If you do not agree to these Terms, you are not authorized to access or use the Service and must immediately discontinue such access or use.

1. Grant of License

1.1 Non-Commercial Use. Subject to these Terms, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service without charge for the following non-commercial purposes: (a) personal learning and experimentation; (b) academic, classroom, or educational use; (c) non-commercial research and development; (d) one-off internal analysis or evaluation of the Service for potential commercial adoption; and (e) demonstrations or presentations that do not form part of a paid service offering.

1.2 Commercial Use License Required. Any use of the Service that falls outside the scope of Section 1.1 constitutes commercial use and requires a separate written license agreement. Commercial use includes, without limitation: (a) regular or ongoing use by or on behalf of a for-profit business entity to support business operations, planning, or decision-making; (b) use as part of, or in connection with, any paid consulting, advisory, or professional services provided to third parties; (c) incorporation of the Service, its outputs, models, or calculations into any commercial product, internal tool, customer-facing application, or business intelligence system; (d) use to generate proposals, quotations, or deliverables for paying clients; or (e) any use that directly or indirectly supports revenue-generating activities.

1.3 Commercial Licensing. Commercial licenses and advisory services are available on a case-by-case basis. For information regarding commercial licensing, advisory services, rates, and terms, contact the Service provider at contact@cuneocode.com or visit the commercial use page within the application.

2. Restrictions on Use

You must comply with all applicable laws and regulations when using the Service. You agree not to: (a) copy, modify, create derivative works of, or distribute the Service or any portion thereof; (b) reverse engineer, decompile, disassemble, or otherwise attempt to extract source code, algorithms, or trade secrets from the Service; (c) use the Service to develop, offer, or provide a competing product or service; (d) remove, alter, or obscure any proprietary notices, including copyright, trademark, or patent notices, displayed in or on the Service; (e) access the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service; (f) use any automated means, including bots, scrapers, or scripts, to access or extract data from the Service without prior written authorization; (g) misrepresent your affiliation with any entity or falsify information provided to the Service; or (h) use the Service for any unlawful, fraudulent, or malicious purpose.

3. Intellectual Property and Ownership

The Service, including all software, algorithms, models, user interfaces, visual designs, and documentation, is the proprietary property of the Service provider and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. No ownership rights are transferred to you through your use of the Service under these Terms.

Any data, configurations, or analysis outputs you create through your use of the Service ("User Content") remain your property. However, you grant the Service provider a non-exclusive, worldwide, royalty-free license to use anonymized and aggregated User Content for purposes of improving the Service, developing industry benchmarks, and conducting research, provided that such use does not identify you or disclose confidential information specific to your business.

4. No Professional Advice; Limitation on Reliance

The Service provides planning, calculation, and cost estimation tools for informational and analytical purposes only. All outputs, including but not limited to power calculations, cooling requirements, total cost of ownership projections, and configuration recommendations, are estimates based on the data and assumptions you provide and the models implemented in the Service. Such outputs do not constitute financial, legal, engineering, architectural, or other professional advice. You acknowledge that the Service is a planning tool and that you are solely responsible for independently verifying all results, validating assumptions, and consulting with qualified professionals (including engineers, electricians, facility managers, financial advisors, and legal counsel) before making any decisions or commitments based on information provided by the Service. Actual costs, performance, power consumption, and other factors may vary significantly from estimates.

5. Third-Party Services and Data

The Service may access, retrieve, or rely upon third-party services, APIs, data sources, or documentation, including but not limited to cloud provider pricing information, hardware specifications, and facility design standards. Such third-party services and data are provided by independent third parties and are subject to their respective terms of service, privacy policies, and availability commitments. The Service provider makes no representations or warranties regarding the accuracy, completeness, reliability, or availability of any third-party services or data.

You acknowledge that the availability, accuracy, timeliness, and performance of any third-party services or data sources are outside the control of the Service provider. The Service provider shall not be liable for any errors, omissions, interruptions, or delays in third-party data or for any actions taken in reliance on such third-party information.

6. Disclaimers and No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS", WITHOUT WARRANTY, REPRESENTATION, OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE SERVICE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE, INFORMATION, OR OUTPUT OBTAINED FROM THE SERVICE OR THROUGH THE SERVICE, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. THE SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SERVICE PROVIDER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR ANY OTHER LEGAL THEORY.

TO THE EXTENT THAT ANY LIABILITY CANNOT BE LEGALLY EXCLUDED OR LIMITED UNDER APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE SERVICE PROVIDER AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO THE SERVICE PROVIDER FOR ACCESS TO THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US$100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE SERVICE PROVIDER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

8. Indemnification

You agree to defend, indemnify, and hold harmless the Service provider and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to: (a) your use or misuse of the Service; (b) your violation of these Terms; (c) your violation of any rights of any third party, including intellectual property rights; (d) any User Content you submit, post, or transmit through the Service; or (e) any decisions or actions you take based on outputs or information obtained from the Service. The Service provider reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with the Service provider in asserting any available defenses.

9. Modification, Suspension, and Termination

The Service provider reserves the right, in its sole discretion, to modify, suspend, or discontinue the Service (or any part thereof) at any time, temporarily or permanently, with or without notice. The Service provider shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

The Service provider may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms, suspected fraudulent or illegal activity, or use of the Service in a manner that violates applicable laws or the rights of third parties. Upon termination, your license to use the Service will immediately cease, and you must discontinue all use of the Service.

10. Changes to These Terms

The Service provider reserves the right to modify or update these Terms at any time in its sole discretion. If material changes are made to these Terms, an updated version will be posted within the Service and the "Last Updated" date will be revised. Your continued access to or use of the Service after any such changes constitutes your binding acceptance of the updated Terms. If you do not agree to the updated Terms, you must immediately cease all use of the Service. It is your responsibility to review these Terms periodically to remain informed of any updates.

11. Governing Law and Jurisdiction

These Terms, and any dispute, controversy, or claim arising out of or relating to these Terms or the Service, including the formation, interpretation, breach, or termination thereof, shall be governed by and construed in accordance with the laws of the jurisdiction in which the Service provider is established, without regard to its conflict of laws principles. Unless otherwise specified in a separate written agreement (such as a commercial license agreement that designates a different jurisdiction), any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the courts of competent jurisdiction located in the jurisdiction governing these Terms, and you hereby consent to the personal jurisdiction and venue of such courts.

12. General Provisions

12.1 Entire Agreement. These Terms, together with any separate written commercial license agreement you may enter into with the Service provider, constitute the entire agreement between you and the Service provider regarding the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, or communications, whether written or oral.

12.2 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, such provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.

12.3 Waiver. No waiver of any provision of these Terms shall be deemed or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. No failure or delay by the Service provider in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof.

12.4 Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without the prior written consent of the Service provider. The Service provider may assign these Terms, in whole or in part, at any time without notice or consent. Any attempted assignment in violation of this provision shall be null and void.

12.5 Force Majeure. The Service provider shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, or failures of third-party services or infrastructure.

13. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms, commercial licensing, or the use of the Service, you may contact the Service provider at: contact@cuneocode.com. For commercial licensing inquiries, please visit the commercial use page within the application or contact the email address above with the subject line "Commercial License Inquiry."

Last Updated: December 7, 2025