Terms of Use

Terms of Use of the Alloy Platform

Effective date: 30 October 2025

These Terms of Use (“Terms”) are a legal agreement between you and Index Technologies Pty Ltd (“Alloy,” “* we*,” “us,” or “our”) and govern your access to and use of:

  • Our website at https://alloy.app (the “Site”); and
  • Our AI prototyping software, features, integrations, documentation, and related services (collectively, the “* Services*”).

By using the Services, you: (a) confirm you’ve read and understood these Terms; (b) agree to be bound by them; and (c) agree to our Privacy Policy at https://alloy.app/legal/privacy. If you accept these Terms on behalf of a company or other entity, you represent and warrant that you have authority to bind that entity.

We may update these Terms by posting changes on the Site or providing notice in-product or by email. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

1. Key Definitions

“AI Output”: code, content, prototypes, assets, or other material generated by or through the Services.
“Customer Data”: any content, code, text, images, files, prompts, or other data you (or your users) submit to or generate with the Services, including prototypes you build. Customer Data excludes Usage Data and Alloy Materials.
“Infrastructure Provider(s)”: third parties we use for hosting, storage, databases, networking, authentication, or similar services.
“Third-Party AI Provider(s)”: external AI model providers you may access through the Services or connect yourself ( e.g., OpenAI, Google, Anthropic, OpenRouter).
“Alloy Materials”: the Site, the Services, our software, technology, templates, models, algorithms, UI, documentation, and all related IP, including improvements and derivatives. Alloy Materials exclude Customer Data.
“Usage Data”: telemetry, logs, performance data, usage metrics, and similar technical data generated from your use of the Services (excluding Customer Data and PII).

2. Eligibility & Accounts

You may use the Services only if you are at least 18 years old and have capacity to enter into a binding contract. Provide accurate, complete, and current information when creating an account and keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activities under your account. Notify us promptly of any unauthorised use or security incident.

3. Licence to Use the Services

Subject to these Terms and your plan limits, Alloy grants you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Services for your internal business purposes. We reserve all other rights. The licence terminates immediately if you breach these Terms or your account is suspended or terminated.

3.1 Licence Restrictions

You must not (and must not permit anyone to):

  • copy, modify, distribute, sublicense, sell, lease, or otherwise exploit the Services or Alloy Materials except as expressly permitted;
  • resell, provide, or make the Services available on a service bureau, time-sharing, or managed-service basis;
  • share account credentials or allow unauthorised access;
  • reverse engineer, decompile, disassemble, or attempt to discover source code, models, or algorithms;
  • bypass or disable security, usage, or access controls;
  • use bots, scrapers, or crawlers without our written permission;
  • upload or distribute malicious code; overload or interfere with normal operation;
  • generate or disseminate unlawful, infringing, or harmful content; harass, defame, impersonate, or harm others;
  • violate laws, sanctions, or export controls;
  • misrepresent AI Output as human-generated where it could cause harm or deception;
  • rely on AI Output in high-risk contexts (medical, legal, financial, safety-critical) without appropriate human review and safeguards;
  • extract, reconstruct, or attempt to determine model weights, training data, or system logic;
  • use the Services, AI Output, or prompts to train or improve competing AI models or services.

4. Plans, Billing & Payments

4.1 Subscriptions

We offer free and paid plans as described on the Site. Paid plans bill in advance (monthly or annually) and * auto-renew* until cancelled in your account settings. Except where required by law, fees are non-refundable.

4.2 Usage / Overage

Some features are usage-based (e.g., AI generation, storage, bandwidth). If you exceed plan limits, overage fees apply at then-current rates. We rely on records from our metering systems and payment processors (e.g., Stripe); those determinations are authoritative absent manifest error.

4.3 Credits (if offered)

We may offer prepaid credits (promotional “Free Credits” or paid). Unless stated otherwise: credits are prepaid, non-refundable, non-redeemable for cash, may be service-specific, and expire per promotion or at the end of the then-current billing cycle. Rollover/auto-reload rules (if available) will be stated in your plan. On cancellation or downgrade, unused or rollover credits may be forfeited.

4.4 Taxes

Fees are exclusive of taxes. You are responsible for any applicable taxes (other than our income taxes).

5. Service Dependencies & Availability

The Services rely on Alloy technology and third-party providers (Infrastructure Providers and Third-Party AI Providers). We do not guarantee uninterrupted availability, performance, or security and are not responsible for interruptions or issues caused by third parties or events beyond our reasonable control (including force majeure).

5.1 Optional Downtime Credits

If the Services experience more than six (6) cumulative hours of unplanned downtime in a calendar month (excluding scheduled maintenance, third-party failures outside our control, and force majeure), you may request an **account credit ** proportionate to downtime beyond six hours. Requests must be made to support@alloy.app within 30 days after month-end. This credit is your sole remedy for downtime.

6. AI Use & Responsibility

AI Output can be inaccurate, incomplete, insecure, or non-unique. You are solely responsible for reviewing, testing, and validating AI Output before use, including security, IP clearance, accessibility, and regulatory compliance. Do not use AI Output for safety-critical or high-risk purposes without appropriate safeguards.

7. Data; Privacy; Processing

7.1 Customer Data & PII

You are responsible for Customer Data and for complying with applicable data protection laws. Do not submit sensitive categories of data (e.g., PHI/health data, government identifiers, full financial account numbers, biometric templates) unless we expressly permit it in writing. We will not use raw, identifiable PII to train models.

7.2 Processing & Transfers

By using the Services, you consent to processing and transfers of Customer Data to Infrastructure Providers and Third-Party AI Providers (including outside your country) to operate and improve the Services, consistent with our Privacy Policy.

7.3 Our Use of Customer Data

Except for PII, you grant Alloy a worldwide, royalty-free licence to host, copy, process, and analyse Customer Data to operate, maintain, secure, and improve the Services; create analytics and insights; and develop features. If your plan offers a model-training opt-out, we will honour it as described in product settings or your order.

7.4 Usage Data

We own Usage Data and may use it for any business purpose, including monitoring, analytics, benchmarking, improving the Services, and developing new offerings.

7.5 Retention & Deletion

We may retain Customer Data in anonymised/aggregated form indefinitely. PII is retained as reasonably necessary to provide the Services or comply with legal obligations. Backups may persist for a limited time after deletion.

7.6 Third-Party Terms

Your use of any Third-Party AI Provider or Infrastructure Provider is subject to their terms. You are responsible for compliance for any models, APIs, or services you connect.

8. Prohibited Uses

You must not use the Services to: send spam or phishing; distribute malware; harass or threaten; violate privacy or IP rights; engage in illegal activity; perform denial-of-service or resource-exhaustion attacks; or otherwise interfere with others’ use. You must not upload unlawful or infringing content or attempt unauthorised access to accounts, systems, or data.

9. Suspension & Termination

We may suspend or terminate your account or access immediately if we reasonably believe you breached these Terms, engaged in fraudulent, abusive, or unlawful activity, or present risk to the Services or others. You remain responsible for fees incurred up to the effective date. You may stop using the Services and cancel at any time in your account settings.

10. Ownership; Feedback; Publicity

Alloy (and its licensors) owns all rights, title, and interest in the Services and Alloy Materials. As between you and Alloy, you own Customer Data and (subject to third-party rights) you own AI Output generated for you.

If you provide Feedback (suggestions, ideas, improvements), we may use it without restriction or compensation.

If you are a business entity, you grant us a non-exclusive, worldwide, royalty-free licence to use your name and logo to identify you as a customer in our website and promotional materials. You may revoke by written notice; we will make commercially reasonable efforts to stop using your Marks in new materials.

11. Third-Party Services

The Services may interoperate with third-party services, websites, platforms, or apps. Your use of any third-party service is governed by its terms. We make no representations or warranties and disclaim liability arising from your use of third-party services.

12. Warranties & Disclaimers

The Services (including any beta/preview features and all AI Output) are provided **“as is” and “as available.” ** To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, and security. We do not warrant that the Services will be uninterrupted or error-free or that AI Output will be accurate, reliable, unique, or fit for your intended use. Internet and third-party network issues are outside our control.

Nothing in these Terms excludes, restricts, or modifies any non-excludable rights or remedies you may have under applicable law.

13. Indemnification

You will indemnify and hold harmless Alloy, its affiliates, and their officers, directors, employees, and agents from and against any claims, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: ( a) your misuse of the Services; (b) your breach of these Terms or applicable law; (c) your violation of third-party terms (including Third-Party AI Providers or Infrastructure Providers); or (d) Customer Data or AI Output you use or provide (including infringement, misappropriation, or violation of rights).

14. Limitation of Liability

To the maximum extent permitted by law, Alloy and its affiliates, licensors, providers, and officers are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages (including lost profits, lost data, business interruption, or loss of goodwill) arising out of or relating to the Services or these Terms, even if advised of the possibility.

Subject to non-excludable law, our aggregate liability for all claims in any 12-month period is capped at the fees you paid to Alloy for the Services in that period. We are not liable for downtime, delays, or issues caused by Infrastructure Providers, Third-Party AI Providers, or other third parties; for errors or inaccuracies in AI Output; for acts or omissions by you or your users; or for loss of Customer Data except where caused by our gross negligence or wilful misconduct.

15. Changes to the Services or Terms

We may modify, suspend, or discontinue the Services (in whole or part) and update these Terms. Where required by law or where changes are material, we will provide reasonable notice. Your continued use after changes take effect constitutes acceptance.

16. Notices

We may provide notices by email to the address associated with your account, in-product notifications, or posting on the Site. Notices are deemed given when sent or posted.

Legal & support contact (all notices):
support@alloy.app

Company details & address:
Index Technologies Pty Ltd
265 Riley Street, Surry Hills, NSW 2010, Australia

17. DMCA / Copyright Notices

We respect IP rights. If you believe content available through the Services infringes your copyright, please send a notice including: (i) your signature; (ii) the work claimed infringed; (iii) location/URL of allegedly infringing material; (iv) your contact details; (v) a statement of good-faith belief; and (vi) a statement under penalty of perjury that the notice is accurate and you are authorised to act.
Email: support@alloy.app

If your content was removed in error, you may submit a counter-notice that complies with applicable law. We may terminate repeat infringers.

18. Miscellaneous

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms (in whole or part) without restriction, including to an affiliate or in connection with a merger, acquisition, or asset sale.
Entire Agreement. These Terms (together with any order form and the Privacy Policy) constitute the entire agreement between you and Alloy regarding the Services and supersede prior or contemporaneous agreements on the subject.
Severability. If any provision is held invalid, the remainder remains in effect.
No Waiver. A failure to enforce any provision is not a waiver of that provision.
Headings. Headings are for convenience only.
Survival. Terms that by their nature should survive (e.g., IP, data rights, disclaimers, limitations, indemnities, payment obligations) survive termination.

19. Contact

Questions, feedback, or support requests: support@alloy.app.