Terms of service

1. Who we are and who these terms are for

Akeso is provided by Softup Technologies GmbH ("Softup", "we"):

Registered at the Amtsgericht München under HRB 253849. VAT ID: DE328163137. Managing directors: Kristi Kristo and Daniel Kazani. Legal notice: www.softup.co/en/impressum.

"Customer" or "you" means the business for which an organization is created in Akeso. "Users" are the people the customer invites to its organization. Whoever accepts these terms for an organization confirms that they are authorised to do so for the customer.

Akeso is offered only to businesses within the meaning of § 14 of the German Civil Code (BGB), not to consumers.

These terms apply exclusively. The customer's own terms do not apply, even if we do not object to them.

2. The service

Akeso turns bug reports and change requests into proposed fixes. Requests come from issues in the customer's GitHub repositories, from the widget in the customer's product, and from error logs the customer connects. For each request, the service starts a run in which Claude, a model made by Anthropic, reproduces the problem, changes the code and runs the customer's tests. The result is a draft pull request, or a comment on the issue when a code change is not the right answer.

The service is reached at akeso.softup.co. For now, access is by invitation from Softup.

3. Accounts, organizations and roles

• Users sign in with the Google account of the address they were invited with. Accounts are personal; do not share them.
• Each organization has one or more owners. Owners and admins decide who has access and with which role (member, admin or owner). The customer is responsible for the actions of its users in its organization, and for removing anyone who should no longer have access.
• Keep credentials safe: your Google account, invitation links, each project's keys and secrets, and the API keys you store. Tell us at info@softup.co without delay if you suspect misuse.
• Softup's operators can open any organization to run and support the service. Every change they make appears in the organization's audit log.

4. Your GitHub installation, your Anthropic key and other providers

• The service works on the customer's repositories through the Akeso GitHub App, which the customer installs on GitHub for the repositories it chooses, and can uninstall at any time. The customer allows Softup to use the App's permissions for its projects as the service describes them.
• Every Claude call for the customer uses the customer's own Anthropic API key. Anthropic charges the customer directly for that use, under the customer's agreement with Anthropic. Softup chooses the Claude model.
• If the customer runs a project's runs in its own GitHub Actions, they use the customer's GitHub Actions minutes. If it connects AWS CloudWatch, it provides a read-only key limited to the log groups it chooses. If it sets a Slack webhook, alerts go to its Slack workspace.
• The customer is responsible for its accounts with GitHub, Anthropic, AWS and Slack, for following those providers' terms, and for the costs it incurs with them. Softup is not responsible for those providers' services.

5. Changes are proposals; you decide

• Everything the service produces (code changes, tests, pull requests, comments, reviews, analyses and environment profiles) is a proposal made with an AI model. It can be wrong, incomplete or insecure.
• The service never merges a pull request and never deploys. It pushes only to branches it creates (akeso/…). A change reaches the customer's code only when someone merges it.
• The customer reviews every proposal and decides whether to merge and deploy it. The customer is responsible for what it merges and deploys, and for testing it in its own environments.
• A draft pull request makes the customer's own CI run on the proposed code, with the CI's secrets, before anyone has reviewed it. The customer decides which of its workflows run on akeso/ branches.
• If the customer switches a project to automatic mode, runs start without anyone pressing Fix. Their results are still proposals.

6. Acceptable use

The customer must not, and must not let anyone else:

• put malicious code into the service or its runs, or use the service to build or spread malicious code;
• attack, probe or overload the service, its infrastructure or other customers, or try to get around its isolation, access controls or limits;
• use run machines for anything but installing, building, testing and fixing the customer's own project, for example to mine, send spam, scan or attack other systems, or relay traffic;
• process content through the service that is unlawful, or that the customer has no right to process, such as code it may not use or personal data it may not share with Softup and the providers it connects;
• give access to the service to anyone other than its users;
• use the service in breach of the law or of the terms of GitHub, Anthropic or AWS.

The customer limits the personal data in requests, issues and logs to what a fix needs. In particular, it identifies verified widget users by an opaque id, never by an email address.

7. Limits, suspension and termination

• Limits. Softup sets limits for each organization, such as projects, runs per month, runs at once and error analyses per day, and shows them in the organization's settings. When a limit is reached, further use is refused or waits until the limit resets. Softup may change the limits; it tells the owners before it lowers them.
• Suspension. Softup may suspend an organization if the customer breaches these terms, if its use endangers the service, other customers or third parties, or if the law requires it. A suspended organization can still be viewed, but nothing in it changes and no run starts. Where possible, we tell the owners first and give them the chance to remove the cause. We resume the organization once the cause is resolved.
• Termination. Softup may end the service for an organization by giving its owners reasonable notice in advance. Either party may terminate for good cause without notice, in particular for a serious or repeated breach of these terms. After termination, the organization is deleted as described in section 14.

8. Your content and intellectual property

• "Customer content" means the customer's code, issues, requests and their attachments, logs, settings, and the results the service produces for the customer.
• The customer keeps all rights in its content. It grants Softup a non-exclusive, non-transferable right, for as long as these terms apply and the deletion periods in our privacy policy run, to store, copy, process and transmit customer content, including to the providers the customer connects, only as far as needed to provide, secure and support the service for the customer.
• The proposals and other results the service produces for the customer belong to the customer. As far as Softup has any rights in them, it grants the customer a non-exclusive, perpetual and irrevocable right to use, change and distribute them.
• Softup does not use customer content to train AI models.
• The customer confirms that it has the rights needed for its content, and that processing it through the service and the providers it connects does not infringe the rights of others or the law.
• Softup keeps all rights in the service itself, including its software, the widget, the GitHub App and the documentation. For as long as these terms apply, the customer may use the service, and include the widget in its products, for its own business purposes and in line with these terms.

9. Confidentiality

• Each party keeps confidential the other's non-public information it receives in connection with the service, uses it only for the purposes of these terms, and protects it with at least reasonable care. For Softup, this includes customer content and the credentials the customer stores.
• This does not apply to information that is or becomes public without a breach of these terms, that the receiving party already knew or developed independently, or that it received lawfully from a third party without a duty of confidence. A party may disclose information where the law or an authority requires it, and tells the other party first where it is allowed to.
• Softup may share confidential information with its staff and subcontractors who need it to provide the service and are bound to confidentiality.
• These duties continue after these terms end, for as long as the information remains confidential.

10. Data protection

• Our privacy policy explains how we process personal data in Akeso.
• For personal data in customer content, Softup acts as processor on the customer's behalf (Art. 28 GDPR). A data processing agreement is available on request at info@softup.co.
• As controller of that data, the customer is responsible for processing it lawfully, including informing its users and the users of its products, for example about the widget and the browser storage it uses.

11. Availability and changes to the service

• Akeso is in an early phase. We work to keep it available, but during this phase we do not guarantee any availability, response time or level of support.
• The service may be interrupted for maintenance or security, or when the providers it depends on (AWS, GitHub, Google and Anthropic) are unavailable.
• We may change, add or remove features. Where we reasonably can, we tell the owners in advance of a change that significantly reduces what the service does for them.

12. Warranties

We provide the service with the care of a prudent business. We do not warrant that proposals, reviews or analyses are correct, complete, secure or fit for a particular purpose, nor that the service runs without interruption or errors. Claims for damages are governed by section 13.

13. Liability

1. Softup is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz), and where it has given a guarantee or fraudulently concealed a defect.
2. For slight negligence, Softup is liable only for the breach of an essential obligation: one whose fulfilment makes the proper performance of these terms possible in the first place, and on which the customer may regularly rely. This liability is limited to the damage that was foreseeable and typical for this kind of contract when it was made.
3. Otherwise, Softup's liability is excluded.
4. These limits also apply to the personal liability of Softup's employees, representatives and agents.

14. Term and deletion

• These terms apply from when an owner accepts them for the organization until the organization is deleted.
• The customer can end them at any time: an owner deletes the organization in its settings. The organization is suspended at once and deleted 7 days later; during those days Softup can cancel the deletion if the customer asks.
• The service then removes the organization's data as our privacy policy describes. Copies in backups are gone at the latest 37 days later.
• Issues, branches and pull requests the service created stay in the customer's repositories. The customer uninstalls the GitHub App on GitHub, and may revoke its Anthropic API key with Anthropic.
• Sections 8, 9, 12, 13 and 16 continue to apply after these terms end, as far as their purpose requires.

15. Changes to these terms

• We may change these terms for a valid reason, such as new or changed features, a change in the law, or security. The date and version at the top of this page show the current version.
• We show a new version to the owners of each organization in the dashboard. Until an owner accepts it there, the organization's admin changes (settings, projects and members) wait; everything else keeps working, and the version the owner last accepted continues to apply.
• If the customer does not accept a new version, it can delete its organization (section 14).

16. Governing law and jurisdiction

• These terms are governed by German law. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
• If the customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the courts of Munich, Germany, have exclusive jurisdiction over disputes arising from these terms.
• If a provision of these terms is invalid, the rest remain valid.

17. Contact

For any question about these terms, write to info@softup.co, or by post to Softup Technologies GmbH, Leopoldstraße 31, 80802 München, Germany.