Florgin User Agreement

1. Acceptance of this Agreement

This User Agreement (the "Agreement") is entered into between you ("you", "your", or "Customer") and Yusuf UYAR, an individual trading as Florgin, which operates the Florgin platform ("Florgin", "we", "us", or "our"). It governs your access to and use of the Florgin website, studio, APIs, generated output and any related services (together, the "Services").

By creating an account, clicking an acceptance control, or accessing or using the Services, you agree to be bound by this Agreement, the Privacy Policy, the Cookie Policy, the Refund Policy and the Acceptable Use Policy, each of which is incorporated by reference. If you do not agree, you must not access or use the Services.

You represent that you are at least 18 years old and have the legal capacity to enter into this Agreement. If you accept this Agreement on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity. The Services are not directed to children and we do not knowingly collect personal information from anyone under 13.

2. Definitions

• "Input" means prompts, instructions, files, product descriptions, configuration and any other material you submit to the Services.
• "Output" means the code, text, designs, schemas, documentation and other material the Services generate in response to your Input.
• "Customer Content" means Input and Output together, plus any project data stored in your workspace.
• "Workspace" means the container that holds your projects, members, connectors and billing relationship.
• "Product Brain" means the persistent, versioned model of your product that Florgin maintains across builds.
• "Model Provider" means a third-party provider of foundation models used to process your Input, such as Anthropic, OpenAI or Google.
• "Merchant of Record" means Lemon Squeezy, LLC, the entity that sells subscriptions to you and appears as the seller on your receipt.

3. Accounts and workspace access

You must register an account to use most of the Services. You agree to provide accurate information, to keep it current, and to keep your credentials confidential. You are responsible for all activity that occurs under your account, whether or not you authorised it.

A Workspace has an owner and may have members. The owner controls billing, membership and workspace-level connectors, and can view, modify and delete any project in the Workspace. If you join a Workspace you do not own, you acknowledge that the owner has this level of access and that the owner — not you — controls the retention and deletion of that Workspace's data.

Notify us immediately at 1florginai@gmail.com if you believe your account has been compromised. We may suspend an account we reasonably believe has been compromised or is being used in breach of this Agreement.

4. The Services and changes to them

Florgin turns a described idea into a working product by generating and revising software automatically, maintaining a versioned product model, and running automated verification before reporting a change as complete. The Services are software-generation tools; they are not professional advice of any kind.

Florgin does not operate its own foundation models. Generation is performed by third-party Model Providers, and the Services also depend on third-party hosting, storage, authentication and payment infrastructure, which we use to deliver the Services and to improve their quality and reliability. Model availability, behaviour, latency and pricing are set by those providers and may change or be withdrawn by them. We may add, replace or remove a Model Provider or an infrastructure provider at any time; doing so is not a material reduction in functionality under this Section provided the Services continue to perform substantially the same function.

The Services are under continuous development. We may add, change, suspend or discontinue features, usage limits, model availability and plan structures. Where a change materially reduces the functionality of a paid plan you are currently subscribed to, we will give you reasonable advance notice by email and you may cancel and request a pro-rata refund of the unused portion of your current billing period.

5. Customer Content and ownership

As between you and Florgin, you retain all right, title and interest in your Input. Subject to your compliance with this Agreement and to the extent we hold any rights in Output, we assign to you all of our right, title and interest in the Output generated for you.

You grant Florgin a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, transmit, display and modify Customer Content solely as necessary to operate, secure and support the Services, to provide the features you request, and to comply with law. This licence ends when the relevant content is deleted, except for backups retained for the period described in the Privacy Policy.

We do not use your private Customer Content to train foundation models. We may use aggregated and de-identified operational data — such as build durations, error rates and feature counts — to measure and improve the Services, provided it cannot reasonably be used to identify you or your product.

You represent and warrant that you have all rights necessary to submit your Input and that your Input and its use by Florgin will not infringe or misappropriate the rights of any third party or violate any law.

You further represent and warrant that your Input contains no regulated data. Section 4 of the Acceptable Use Policy lists what this covers, including protected health information, special category data under Article 9 of the EU or UK GDPR, cardholder data governed by PCI DSS, and government-issued identifiers. Florgin is not a business associate under HIPAA, does not sign Business Associate Agreements, and makes no compliance representation for regulated data. If such data is submitted through your account, you remain its controller and we may remove it, and the content around it, without notice.

6. Acceptable use

Your use of the Services is subject to the Acceptable Use Policy, which forms part of this Agreement. In summary, you may not use the Services to build, host or distribute anything unlawful, deceptive, infringing, malicious or harmful, and you may not attempt to circumvent our technical or usage controls.

We may investigate suspected violations and may remove content, suspend a build, restrict a feature, or suspend or terminate an account. Where practical and lawful we will notify you first, but we may act immediately where there is a risk of harm, legal liability or service disruption.

7. Third-party services and connectors

The Services rely on and can be connected to third parties, including Model Providers, source control providers, deployment platforms, database and authentication providers, and payment infrastructure. When you connect a third-party service, you authorise Florgin to exchange data with it on your behalf within the scope you grant.

We use third-party software and integrations to provide the Services and to improve their quality and reliability. Third-party services are governed by their own terms and privacy policies, and each is responsible for its own data processing under those policies. Florgin does not control them, is not responsible for their acts or omissions, and does not warrant their availability, security or performance. Your relationship with a connected third party is between you and that third party. Where a third party processes personal information as our sub-processor rather than on its own account, our responsibility for it is set out in Section 5 of the Privacy Policy.

You are responsible for the credentials and access tokens you provide, for the scope of the permissions you grant, and for revoking them when you no longer want the connection. Deployment to a production environment is never triggered without an explicit action by you or a member of your Workspace.

8. Plans, billing and taxes

Paid plans are sold through Lemon Squeezy, LLC acting as Merchant of Record. This means Lemon Squeezy — not Florgin — is the seller of record for your purchase, is the party that charges your payment method, is responsible for collecting and remitting applicable sales tax, VAT or GST, and appears on your invoice and card statement. Your purchase is also subject to Lemon Squeezy's own terms.

Florgin does not receive, process or store your full payment card details. Payment data is handled by Lemon Squeezy and its payment processors under their own security and privacy practices.

• Subscriptions renew automatically at the end of each billing period until cancelled.
• You may cancel at any time from your billing portal. Cancellation takes effect at the end of the current billing period, and you retain access until then.
• Prices are stated exclusive of tax unless shown otherwise at checkout. Applicable tax is calculated and added by the Merchant of Record based on your billing location.
• We may change prices for future billing periods with at least 30 days' notice by email. Continued use after the change takes effect constitutes acceptance of the new price.
• If a payment fails, we may retry it, and we may suspend paid features until payment succeeds.

Usage limits attach to your plan. If you exceed them, we may throttle builds, queue them, or require an upgrade. We will not charge overage fees without your express prior agreement.

9. Refunds and cancellation

Refunds are governed by the Refund Policy, which forms part of this Agreement. In summary: you may request a refund of a first subscription payment within 14 days of the charge. Because Lemon Squeezy is the Merchant of Record, refunds are issued by Lemon Squeezy to the original payment method.

Nothing in this Agreement or the Refund Policy limits any non-waivable statutory right of withdrawal, cancellation or refund you have under the consumer law of your place of residence.

10. Florgin intellectual property and feedback

Florgin and its licensors own all right, title and interest in the Services, including the platform software, the build harness, the user interface, the Florgin name and marks, and all related intellectual property. Except for the limited licence to use the Services granted here, no rights are transferred to you.

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your internal business or personal purposes during the term.

You may not: reverse engineer, decompile or disassemble the Services except to the extent that restriction is prohibited by law; resell, sublicense or provide the Services to a third party as a standalone service; use the Services or Output to develop a competing model or a competing code-generation product; scrape or bulk-extract the Services; or remove any proprietary notice.

If you send us suggestions, feature requests or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use it without restriction or obligation to you. We will not identify you as the source without your permission.

11. Copyright complaints

If you believe material accessible through the Services infringes your copyright, send a written notice to 1florginai@gmail.com that includes: your physical or electronic signature; identification of the copyrighted work claimed to be infringed; identification of the material claimed to be infringing and information reasonably sufficient to locate it; your contact details; a statement that you have a good faith belief the use is not authorised by the copyright owner, its agent or the law; and a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorised to act on behalf of the owner.

We will respond to valid notices as required by the Digital Millennium Copyright Act, including by removing or disabling access to the material and notifying the affected user, who may submit a counter-notice. We terminate the accounts of repeat infringers in appropriate circumstances.

12. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. FLORGIN AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUTPUT WILL BE ACCURATE, COMPLETE, SECURE, FUNCTIONAL, NON-INFRINGING OR FIT FOR ANY PARTICULAR PURPOSE. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF OUTPUT AND FOR ANY PRODUCT YOU BUILD, DEPLOY OR DISTRIBUTE WITH IT.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In that case, such warranties are limited to the minimum period and extent permitted by law.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER FLORGIN NOR ITS OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR LOSS OR CORRUPTION OF DATA, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (US$100).

These limitations apply to all claims, whether based in contract, tort, negligence, strict liability, statute or any other theory. They do not apply to liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

14. Indemnification

You will defend, indemnify and hold harmless Florgin and its officers, directors, employees and agents from and against any third-party claim, demand, proceeding, loss, liability, damage, cost or expense (including reasonable legal fees) arising out of or relating to: (a) your Input; (b) any product you build, deploy or distribute using the Services; (c) your breach of this Agreement or the Acceptable Use Policy; (d) your violation of any law or of the rights of a third party; (e) a dispute between you and a member of your Workspace or a user of your product; or (f) regulated data submitted through your account in breach of Section 4 of the Acceptable Use Policy, including any regulatory investigation, fine or notification obligation arising from it.

We will notify you promptly of any claim, give you control of the defence (except that you may not settle a claim in a way that imposes obligations on us without our written consent), and cooperate at your expense.

15. Term, suspension and termination

This Agreement applies from your first use of the Services and continues until terminated. You may terminate at any time by cancelling your subscription and closing your account.

We may suspend or terminate your access, in whole or in part, if: you materially breach this Agreement or the Acceptable Use Policy; your use creates a security, legal or operational risk; payment is overdue; or we are required to do so by law. We will give notice where practical and lawful.

On termination, your right to use the Services ends immediately. You may export your projects before termination, and for 30 days afterwards where the account was not terminated for a serious breach. After that period we delete Customer Content in accordance with the Privacy Policy. Sections that by their nature should survive — including Sections 5, 10, 12, 13, 14, 16, 17 and 18 — survive termination.

16. Dispute resolution, arbitration and class action waiver

This Section 16 applies to any dispute, claim or controversy between you and Florgin arising out of or relating to this Agreement, the Services, any Output, marketing, billing, or the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether arising before, during or after the termination of this Agreement (a "Dispute"). It survives termination.

This Agreement affects interstate commerce, and the Federal Arbitration Act (9 U.S.C. §§ 1–16) governs the interpretation and enforcement of this Section 16, including whether a Dispute is subject to arbitration.

16.1 Informal resolution first. Before starting an arbitration or any other proceeding, the party raising the Dispute must send the other a written Notice of Dispute. You send yours to 1florginai@gmail.com with the subject line "Notice of Dispute"; we send ours to the email address on your account. The Notice must state your name, the email address and Workspace associated with your account, a description of the Dispute in reasonable detail, the specific relief sought, and the amount, if any, claimed. The parties will then negotiate in good faith for 60 days from receipt of the Notice. Either party may request a telephone or video settlement conference during this period, and the parties will make a good faith effort to hold one. This informal process is a precondition to filing arbitration or a small claims action; a court or arbitrator may enjoin the filing of a proceeding brought before it is complete. Any applicable limitation period is tolled while the informal process runs.

16.2 Binding individual arbitration. If the Dispute is not resolved within the 60-day period, it will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or, where the claim arises from your use of the Services for business purposes and the AAA so determines, its Commercial Arbitration Rules), as modified by this Agreement. The AAA Rules are available at www.adr.org. The arbitration will be conducted by a single arbitrator.

16.3 Hearing and venue. If your claim is for US$25,000 or less, you may elect to have the arbitration conducted solely on the basis of documents submitted to the arbitrator, by telephone or by video conference. If an in-person hearing is held, it will take place in Wilmington, Delaware, or — at your election — in the county of your residence or another mutually agreed location. The arbitrator may award any relief that a court could award to you individually, including declaratory or injunctive relief, but only to the extent necessary to provide relief on your individual claim. The arbitrator's decision is final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

16.4 Arbitration fees. Payment of filing, administration and arbitrator fees is governed by the applicable AAA rules and fee schedules. If you are a consumer and demonstrate that the fees would be prohibitively expensive compared with litigation, we will pay as much of your filing and hearing fees as the arbitrator determines is necessary to prevent the arbitration from being cost-prohibitive. Each party otherwise bears its own legal fees, except where a statute or the arbitrator's award provides otherwise.

16.7 Your right to opt out of arbitration. You may opt out of Sections 16.2 to 16.6 by sending written notice to 1florginai@gmail.com with the subject line "Arbitration Opt-Out" within 30 days of first accepting this Agreement. The notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other part of this Agreement, and we will not terminate your account or retaliate against you for opting out. If you opt out, disputes will be resolved in the courts identified in Section 17.

16.8 Small claims exception. Either party may bring an individual action in a small claims court of competent jurisdiction instead of arbitration, provided the action remains in that court, is brought on an individual basis, and is within that court's jurisdictional limits.

16.9 Intellectual property exception. Notwithstanding this Section, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation or violation of its patents, copyrights, trademarks, trade secrets or other intellectual property rights, or unauthorised access to the Services.

16.10 Coordinated filings. If 25 or more claimants submit Notices of Dispute or demands for arbitration raising substantially similar claims and are represented by the same or coordinated counsel, the claims will be resolved in staged batches of no more than 50 claimants each. The AAA will administer each batch as a single consolidated arbitration with one arbitrator and one set of filing fees, and the parties will use the outcome of the first batch to attempt a global resolution before proceeding. Any limitation period is tolled for claimants awaiting a later batch. This paragraph is intended to make coordinated claims practical to resolve, not to limit any claimant's right to relief.

16.11 Changes to this section. If we materially change this Section 16 after you accept this Agreement, you may reject the change by sending written notice within 30 days of the change taking effect, in which case the most recent version you accepted before the change will apply to Disputes that have accrued.

16.12 Severability of this section. Except as provided in Section 16.5, if any part of this Section 16 is found unenforceable, that part will be severed and the remainder will continue to apply.

17. Governing law and forum

This Agreement and any Dispute are governed by the laws of the State of Delaware, excluding its conflict of law rules, and by the Federal Arbitration Act as to Section 16. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

For any Dispute not subject to arbitration — including where you have opted out under Section 16.7, where a claim is severed under Section 16.5, or where you seek relief under Section 16.9 — you and Florgin consent to the exclusive jurisdiction and venue of the state and federal courts located in Wilmington, Delaware, and waive any objection to that venue on grounds of inconvenient forum.

If you are a consumer resident in the European Union, the United Kingdom or any other jurisdiction whose law grants you the right to bring proceedings in your place of residence or to the protection of mandatory local consumer law, nothing in this section deprives you of that right or that protection.

18. General terms

• Changes. We may amend this Agreement. For material changes we will give at least 30 days' notice by email or in-product notice before they take effect. Continued use after the effective date constitutes acceptance. If you do not accept, you must stop using the Services and may cancel for a pro-rata refund of the unused portion of your current billing period.
• Entire agreement. This Agreement, together with the policies it incorporates, is the entire agreement between you and Florgin regarding the Services and supersedes all prior understandings on that subject.
• Severability. If a provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the remainder will continue in effect.
• No waiver. A failure to enforce a provision is not a waiver of the right to enforce it later.
• Assignment. You may not assign this Agreement without our prior written consent. We may assign it to an affiliate or in connection with a merger, reorganisation, or sale of assets, on notice to you.
• Force majeure. Neither party is liable for a failure to perform caused by an event beyond its reasonable control, excluding payment obligations.
• Independent contractors. Nothing here creates a partnership, joint venture, employment or agency relationship.
• Notices. We may give notice by email to the address on your account or by posting in the Services. You give notice to us at the addresses in Section 19.
• Language. This Agreement is published in English. Any translation provided for convenience is not an official version, and the English text controls except where mandatory local law requires otherwise.
• Export and sanctions. You represent that you are not located in, and will not use the Services in, a country or region subject to comprehensive sanctions, and that you are not a person with whom dealings are prohibited under applicable trade control laws.
• US Government users. The Services are commercial computer software; use by US Government agencies is subject to the restrictions in FAR 12.212 and DFARS 227.7202.

19. How to contact us

Yusuf UYAR, an individual trading as Florgin

• Legal and dispute notices: 1florginai@gmail.com
• Privacy requests: 1florginai@gmail.com
• Security reports: 1florginai@gmail.com
• Abuse reports: 1florginai@gmail.com
• General enquiries: 1florginai@gmail.com

Billing and payment enquiries relating to a purchase should also be directed to Lemon Squeezy, LLC as Merchant of Record.