Terms of Service

These Terms of Service (“Terms”) govern access to and use of Pielyt, a service provided by circle5design, LLC (“Pielyt,” “we,” “us,” or “our”), including our website, dashboard, hosted gateway, command-line tool, and related services (collectively, the “Service”). By creating an account or using the Service, you agree to these Terms. If you use the Service for an organization, you represent that you may bind it, and “you” means both you and that organization.

1. The Service

Pielyt lets a site owner connect an AI assistant or other compatible client to a site, using the dashboard or our command-line tool. You choose the client, connect the site, and assign a role that is intended to limit what the client may read, create, change, publish, or delete. You can change or revoke a role, subject to processing time and any activity already in progress.

The Service is a technical tool, not a substitute for your review, backups, access controls, security practices, or professional advice. The limitations in Sections 8 and 14 apply specifically to roles, permissions, and other safeguards in the Service.

2. Accounts and Eligibility

You must be at least 18, or the age of legal majority where you live, and have authority to manage each site you connect. You are responsible for accurate account information, the security of your account and authentication methods, and activity under your account. Notify us promptly at legal@pielyt.com if you suspect unauthorized access.

Organization administrators may manage members, sites, connections, and permissions. Your access to an organization may end if the organization or its administrator removes you.

3. Customer Data and Account Data

Two defined terms are used throughout these Terms and the Privacy Policy. Customer Data means the data, content, and materials that flow to or from a connected site through the Service, including content, users, comments, form submissions, commerce data, media, and configuration. You retain all right, title, and interest in your sites and your Customer Data. Account Data means information Pielyt collects and controls about your account itself, such as your registration details, billing records, and use of the Service, described further in the Privacy Policy.

You grant Pielyt a worldwide, non-exclusive, royalty-free license to host, copy, transmit, cache, display, modify, and otherwise process Customer Data as needed to provide, secure, support, and improve the Service and to exercise the rights described in Section 11. This license lasts only as long as needed for those purposes, subject to permitted retention and any rights that apply to aggregated or deidentified information.

You instruct us to process Customer Data through your use and configuration of the Service, including by connecting a site, granting a role to an assistant, and authorizing that assistant to access, read, or act on the site. You represent that you have all rights, authority, notices, consents, and lawful bases needed for Pielyt to process that Customer Data and for you to instruct connected assistants to access it, under these Terms. Where data protection law requires a processing contract, the data processing terms in Section 13 are that contract and form part of these Terms. You remain responsible for the lawfulness, accuracy, and content of Customer Data and for requests from people whose information it contains.

4. Third-Party AI and Model Services

You choose and control each connected client, AI assistant, model provider, connected site, and downstream application used with the Service. These are not operated or controlled by Pielyt, are governed by their own terms and privacy practices, and may receive site information when you instruct the Service to exchange data with them. A model provider may be unavailable or inaccurate, change its API or behavior without notice to us, or stop supporting a feature you rely on. Selecting, configuring, and monitoring these services is your responsibility, not ours.

These Terms allocate risk along the following boundary. If an assistant, acting within the role and permissions you assigned it, makes a request or produces content that is inaccurate, unwise, or harmful, that is an authorized assistant decision: you bear responsibility for it under Section 7, subject to the limitations in Sections 8, 14, and 15. If the Service fails to enforce a role or permission as designed and allows an action outside what you authorized, that is a Pielyt permissions defect, addressed by Section 8. If a credential, account, API key, or connection is obtained or used by someone without your authorization, that is an account or security compromise, addressed by Section 7's security duties and Section 9. These categories can overlap in a given incident, and identifying which applies does not by itself determine legal liability, which remains subject to the disclaimers and limitations in this agreement.

Third-party services are not controlled by Pielyt. We are not responsible for their availability, conduct, content, decisions, or data practices. Your use of them may be governed by separate agreements between you and their operators.

5. Subscriptions and Billing

The Service may include free, self-serve subscription, and separately negotiated enterprise offerings. Features, usage limits, included seats, billing periods, and prices are shown when you subscribe or in an applicable order form.

• Auto-renewal. A paid subscription renews for successive periods matching the selected billing period until canceled. You authorize us and Stripe to charge the payment method on file for fees and applicable taxes.
• Taxes. Fees are exclusive of taxes unless we state otherwise. You are responsible for sales, use, VAT, GST, and similar taxes on your purchase, other than taxes on Pielyt's net income.
• Failed payments. If a charge fails, we may retry it, and we may suspend or downgrade paid features until payment succeeds. We will attempt to notify you before suspending or downgrading for nonpayment.
• Cancellation. You may cancel through account settings. Cancellation takes effect at the end of the current billing period. Fees are nonrefundable except where the order form states otherwise or law requires a refund.
• Seat changes. Adding a seat increases your fees and removing a seat reduces future charges, as described when you make the change. Seat changes do not refund fees already billed except where an order form or applicable law requires a refund.
• Changes. You are responsible for charges caused by plan, seat, or usage changes you authorize. We may change prices prospectively and will give notice before a change takes effect for an existing subscription.
• Termination without cause. If Pielyt terminates a paid subscription without cause attributable to you, we will refund a prorated share of prepaid fees for the unused portion of the current billing period.
• Enterprise terms. A signed order form or enterprise agreement controls where it conflicts with these Terms.

6. Acceptable Use

You must not:

• access or act on a site, account, system, or data you do not own or have authority to administer;
• introduce malware, backdoors, destructive code, or harmful content, even if a site owner requests it;
• evade, probe, disable, or interfere with permissions, authentication, security, rate limits, or monitoring;
• use the Service to violate law or another person's privacy, publicity, intellectual-property, contractual, or other rights;
• disrupt the Service or use unauthorized automated means to scrape, overload, reverse engineer, or gain access to it; or
• submit content or instructions that you know are unlawful, fraudulent, deceptive, or likely to cause material harm.

7. Customer Responsibility for Assistants and Changes

You decide which clients to connect, which sites they can reach, and which roles and permissions to grant. You are responsible for reviewing those choices and for actions taken under them, including effects on site content, users, orders, configuration, availability, and security. Pielyt does not review an assistant's request or output for accuracy, legality, safety, or fitness for your use.

An assistant's instructions or content can be inaccurate, incomplete, unexpected, or harmful, and an action is not correct or safe merely because Pielyt permitted it. This matters most for write and destructive operations, including publishing, deleting, changing configuration, and installing or updating extensions, themes, or other third-party code. Review consequential assistant actions, especially destructive ones, before and after they run.

Maintain current, independent backups and a tested recovery plan; apply least-privilege roles; review logs and changes; protect connected accounts; and promptly revoke access that is no longer needed. You must not rely on a Pielyt permission or authorization result as your only safeguard against loss or unauthorized action. Pielyt is not a backup or disaster-recovery service. We do not warrant that any backup, snapshot, or history feature we offer is complete, current, or sufficient to restore your site, and you remain responsible for maintaining your own backups.

8. Permission-System Limitations

The Service is designed to enforce the permissions assigned to each connected assistant and to reject actions outside those permissions. You are responsible for actions an assistant performs within the permissions you authorized for it. Roles, permissions, and related controls are software and may contain errors, become unavailable, be misconfigured, or interact unexpectedly with a site, extension, connected client, model, or third-party service. We do not promise that these controls will operate as described, identify or refuse every unauthorized or harmful operation, or prevent every unintended change, disclosure, or loss.

An assistant may also act on inaccurate, malicious, or prompt-injected content. Pielyt does not detect or remove every such instruction. Stop using the affected connection and contact us if you believe a control failed.

9. Suspension

Separately from termination, we may suspend an account, assistant connection, API token, integration, or site connection, in whole or in part and without first terminating the agreement, when reasonably necessary to prevent or stop a security incident, prevent harm to you or others, investigate suspected abuse, comply with a legal obligation, address seriously overdue payment, or stop activity that violates Section 6. We will give notice where reasonably practicable and restore access once the condition prompting suspension is resolved. A suspension we impose to address a security incident does not, by itself, make you responsible for a Pielyt security failure that caused the incident.

10. Termination and Data

You may cancel a subscription or request closure of your account. An organization administrator may remove an individual user without closing the organization. We may terminate access for a material breach, nonpayment that continues after notice, a legal requirement, or a sustained threat to the Service or others, using notice where reasonably practicable.

Closing an organization ends its access straight away: we revoke every connection and disconnect every connected site. Removing one user does not require deletion of records or Customer Data that belong to the organization. Records that remain afterward are kept where retention is permitted or required, including for security, fraud prevention, financial and audit purposes, and where they relate to another active customer account. Where the law gives you a deletion right, contact us and we will respond as it requires. We do not selectively edit backups; a record held in one ages out on its retention schedule and is not returned to service. Retention is described further in the Privacy Policy, Section 13, an applicable order form, and law. You should export any data you need before closure.

11. Ownership, Feedback, AI Output, and Training Rights

Pielyt and its licensors retain all right, title, and interest in the Service, including its software, designs, documentation, trademarks, models, model parameters, and improvements. Customer Data remains yours as stated in Section 3. You grant us a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate feedback you voluntarily provide, without identifying you as its source.

As between you and Pielyt, Pielyt does not claim ownership of content an AI assistant creates for you through the Service. Pielyt does not own that content in the first place, so Pielyt has nothing to assign you; ownership and any license to use AI-generated content are governed by the third-party AI provider's own terms and by applicable law, not by this section.

We reserve the right, to the extent permitted by law and our contracts, to use information processed through the Service, including Customer Data, tool requests, results, usage records, and feedback, to operate, analyze, develop, improve, evaluate, and train our services and models. When Pielyt processes Customer Data solely as your processor, we will exercise those rights only under your documented instructions or authorization and Section 13. Pielyt may create, use, own, disclose, license, and sell aggregated or deidentified information and resulting insights that do not identify, and cannot reasonably be linked to, you or an individual. Pielyt will maintain such information in deidentified form and will not attempt to reidentify it except as applicable law permits, and will require the same of recipients.

External AI providers may have separate training and data-use terms. You, not Pielyt, select and configure those providers.

12. Confidentiality and Data Protection

Each party will protect the other's nonpublic confidential information using reasonable care and use it only to perform or exercise rights under these Terms, except where disclosure is authorized or legally required. This duty does not cover information that becomes public without breach, was already known without restriction, is received lawfully from another source, or is independently developed without use of the confidential information.

Our Privacy Policy explains how we handle personal information. Section 13 sets out the terms on which we process Customer Data on your behalf, and controls over the rest of these Terms if the two conflict on data processing.

13. Data Processing Terms

This section applies where data protection law — including the EU GDPR and the UK GDPR — governs our processing of personal information contained in Customer Data (“Customer Personal Data”). For that data you are the controller and Pielyt is the processor, except where the law provides otherwise. Pielyt remains a controller for the account, billing, security, analytics, and business-contact processing described in the Privacy Policy. Accepting these Terms forms the processing contract that Article 28(3) of the GDPR requires; no separate document or signature is needed.

• Documented instructions. We process Customer Personal Data only on your documented instructions, which are these Terms, your configuration and use of the Service, and further written instructions consistent with them. We will not use Customer Personal Data to develop, improve, evaluate, or train our services or models unless you give an instruction or authorization covering that use and the law permits it. If we believe an instruction violates the law, we will tell you unless the law forbids notice, and we may suspend the affected processing until the question is resolved. If law requires us to process beyond your instructions, we will notify you first unless the law forbids notice. You are responsible for the lawfulness, accuracy, and scope of your instructions, for your notices and lawful bases, and for the permissions you grant users, clients, assistants, and downstream applications.
• Confidentiality of personnel. Personnel authorized to process Customer Personal Data are bound by confidentiality duties and receive access only as their responsibilities require.
• Security. We implement and maintain technical and organizational measures designed to protect Customer Personal Data against accidental or unlawful destruction, loss, alteration, and unauthorized disclosure or access, accounting for the state of the art, the cost of implementation, the nature and purposes of the processing, and the risks to the people involved. Section 14 describes what we do not warrant.
• Sub-processors. You generally authorize us to engage sub-processors. We impose data protection obligations on each that are materially equivalent to this section, so far as they apply to what that sub-processor does, and we remain responsible for its performance of them to the extent the law requires. The infrastructure and service providers we use are named in Section 9 of the Privacy Policy. Before a new sub-processor begins processing Customer Personal Data we will update that list and give notice through the Service or by email, and you may object on reasonable data protection grounds. If we cannot resolve a timely objection in good faith, you may cancel the affected subscription under Section 5.
• Services you select are not our sub-processors. An AI assistant, client, model provider, connected site, or downstream application that you choose is not Pielyt's sub-processor merely because you direct the Service to exchange data with it. Your relationship with those recipients, and your instructions to them, are yours.
• Assistance. Taking into account the nature of the processing and the information available to us, we will reasonably assist you with responding to requests from individuals exercising their rights; with your own security obligations; with breach notices and communications; with data protection impact assessments and prior consultation with a supervisory authority; and with the information reasonably needed to demonstrate compliance. If we receive a request from an individual about Customer Personal Data, we will direct that person to you and will not respond substantively unless you instruct us to or the law requires it. You will reimburse reasonable assistance costs beyond the Service's standard functionality, unless the assistance is needed because we breached this section.
• Breach notification. We will notify you without undue delay after becoming aware of a personal data breach affecting Customer Personal Data, at the account's administrative contact address. The notice will carry the information available to us that you reasonably need to meet your own notification duties, and we may provide it in phases as it becomes available. Notification is not an admission of fault or liability.
• End of the services. Closing an organization ends its access straight away: we revoke every connection and disconnect every connected site. We do not run a deletion process that erases an organization's records at the end of the services, and this section does not promise one. Records that remain are retained where retention is permitted or required, including for security, fraud prevention, financial and audit purposes, and where they relate to another active customer account, and we continue to protect Customer Personal Data we retain. Where the law gives you or an individual a deletion right, contact us and we will respond as that law requires. We do not selectively edit backups; a record held in one ages out on its retention schedule and is not returned to service. Export any data you need before closing an organization.
• Audits and compliance information. We will make the information reasonably necessary to demonstrate compliance with this section available to you, and we may satisfy an audit request first through current security documentation and written responses. If that is insufficient, you may conduct one audit per year, and a further audit after a personal data breach affecting your Customer Personal Data or when a supervisory authority requires one, subject to reasonable notice, confidentiality, scope, safety, and non-disruption requirements. You bear the costs of an audit unless it identifies a material breach of this section by Pielyt.

We process Customer Personal Data in the United States. Where a transfer of Customer Personal Data out of the European Economic Area, the United Kingdom, or Switzerland is restricted, the parties will use a transfer mechanism permitted by the applicable law, together with any supplementary safeguards that law requires. We may update this section as the law or the Service changes, provided an update does not materially reduce protection for Customer Personal Data during a current subscription without your consent unless the law requires the change. The liability limits in Section 15 apply to this section to the maximum extent the law permits.

14. Service Provided As Is; Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, INCLUDING ALL PERMISSION, AUTHORIZATION, SECURITY, AUDIT, AND RECOVERY FEATURES, IS PROVIDED “AS IS” AND “AS AVAILABLE.” PIELYT DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE ACCURATE, COMPLETE, SECURE, UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

WE DO NOT WARRANT THAT A ROLE, PERMISSION, OR OTHER CONTROL WILL MATCH YOUR INTENT, OPERATE AS DESCRIBED, OR PREVENT EVERY OPERATION OUTSIDE THE ACCESS YOU MEANT TO GRANT. WE DO NOT WARRANT THE OUTPUT OR CONDUCT OF ANY AI ASSISTANT, CONNECTED CLIENT, SITE, EXTENSION, OR THIRD-PARTY SERVICE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THESE TERMS MAY NOT APPLY TO YOU.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIELYT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, CONTENT, OR SECURITY, INCLUDING SITE DOWNTIME, RESTORATION COSTS, CONTENT LOSS OR CORRUPTION, OR UNAUTHORIZED PUBLICATION, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

THIS EXCLUSION INCLUDES CLAIMS ARISING FROM A PERMISSION OR AUTHORIZATION ERROR; AN OPERATION THAT A CONTROL FAILS TO REFUSE; AN UNINTENDED OR HARMFUL ASSISTANT ACTION; PROMPT INJECTION; CUSTOMER CONFIGURATION; LOSS OR DISCLOSURE OF CUSTOMER DATA; OR THE ACTS, OMISSIONS, OR DATA PRACTICES OF A THIRD-PARTY CLIENT, MODEL PROVIDER, SITE, OR EXTENSION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIELYT'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID PIELYT FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) US$100. THESE LIMITS APPLY IN THE AGGREGATE REGARDLESS OF THE THEORY OF LIABILITY. THEY DO NOT APPLY TO YOUR INDEMNIFICATION OBLIGATIONS, EITHER PARTY'S BREACH OF CONFIDENTIALITY, WILLFUL MISCONDUCT, OR LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED.

16. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless Pielyt and its affiliates, officers, directors, employees, and agents from third-party claims, damages, losses, liabilities, and reasonable legal fees arising from your Customer Data, your connected services, your instructions or configuration, your breach of these Terms, or your violation of law or another person's rights. We will promptly notify you of a covered claim and reasonably cooperate at your expense. You may not settle a claim in a way that admits fault by or imposes duties on Pielyt without our written consent.

17. Service Changes; Beta Features

We may add, modify, discontinue, or limit a feature, integration, API, model, or plan, and may update these Terms. If a change materially reduces your rights, increases your obligations, or discontinues a paid feature you rely on, we will provide reasonable notice as required by law or, where law does not require a specific period, as circumstances reasonably allow. Changes take effect on the date stated in the notice or revised Terms. Continued use after that date constitutes acceptance where permitted by law.

We may offer features labeled beta, preview, early access, or similar. These are provided for evaluation, may be less reliable than generally available features, may change or be discontinued at any time without notice, and are not covered by the same support commitments or service levels as generally available features.

18. Governing Law and Disputes

These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-laws rules. The state and federal courts located in Cook County, Illinois will have exclusive jurisdiction, and each party consents to personal jurisdiction there. Nothing in this section limits rights under mandatory laws that cannot lawfully be waived, including mandatory consumer protections in your home jurisdiction.

19. General Terms

These Terms, the Privacy Policy, and any applicable order form are the entire agreement about the Service and replace prior agreements on that subject. Order of precedence for a conflict: (1) a signed enterprise order form or agreement, for the subject matter it covers; (2) Section 13, for the processing of Customer Personal Data; (3) the rest of these Terms. If a provision is unenforceable, it will be modified to the minimum extent needed and the rest will remain effective. A waiver must be in writing and is not a continuing waiver. Nothing in these Terms limits rights under mandatory laws that cannot lawfully be waived.

You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law. Neither party is liable for a failure or delay caused by events beyond its reasonable control, including natural disaster, war, civil unrest, act of government, labor dispute, internet or utility outage, or failure of a third-party or infrastructure provider, except that this does not excuse payment obligations. The parties are independent contractors; these Terms do not create a partnership, joint venture, agency, or employment relationship. Notices may be given electronically as described in the Service or these Terms. Headings are for convenience only and do not affect interpretation. Sections that by their nature should survive termination do so, including ownership, confidentiality, disclaimers, liability limits, indemnification, disputes, and general terms.

20. Contact

Questions about these Terms may be sent to circle5design, LLC, 1718 N Sedgwick St, Chicago, IL 60614, at legal@pielyt.com.