Terms of Service

1. Acceptance of Terms

By accessing or using OverSkill ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Description of Service

OverSkill is an AI-powered platform that enables users to create custom web applications through natural language descriptions. The Service includes app generation, hosting, deployment, and related features.

3. User Accounts

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your account information is accurate and current

4. Acceptable Use Policy

OverSkill provides tools that let you build and deploy applications, and those applications can affect people who are not parties to these Terms. This Acceptable Use Policy governs your use of the Service and applies equally to any application, content, or output you create, configure, deploy, or distribute using the Service.

4.1 Prohibited Conduct

You agree not to use the Service, and not to use, deploy, or distribute any application built with the Service, to:

• Violate any applicable law, regulation, or third-party right
• Infringe, dilute, or misappropriate any patent, copyright, trademark, trade secret, right of publicity or privacy, or other pre-existing intellectual property or proprietary right of any third party (a "Pre-Existing IP Right"), including by incorporating third-party content, code, brand assets, or media that you do not have the right to use
• Generate or distribute malicious, harmful, or deceptive content, or content intended to defraud, phish, or impersonate another person or entity
• Harass, threaten, defame, stalk, or otherwise harm any other person, or otherwise use the Service, or an application built with the Service, to harm a third party
• Distribute spam, malware, or phishing content
• Attempt to gain unauthorized access to our systems
• Create applications for illegal gambling, adult content, or fraud
• Resell or redistribute the Service without authorization
• Collect, expose, or misuse another person's personal information without a lawful basis for doing so
• Circumvent usage limits, security controls, or credit-metering mechanisms
• Use the Service, its outputs, or your prompts to train, develop, or benchmark a competing AI code-generation or application-generation product

4.2 Responsibility for Applications You Build

You are solely responsible for the applications, content, and data you create, configure, or deploy using the Service, and for ensuring that you hold all rights, licenses, consents, and releases necessary to use any third-party content, brand element, or personal data incorporated into them. OverSkill does not review applications for legal compliance before they are deployed and is not responsible for verifying that your use of any third-party material, or your treatment of any third party, is lawful or authorized.

4.3 Reporting Violations

If you believe that an application built on OverSkill infringes your Pre-Existing IP Rights, or is being used to harm you or a third party, contact us with sufficient detail to locate the application (for example, its URL), a description of the alleged violation, and your contact information. We will review reports made in good faith and may remove or disable access to the offending application, suspend the associated account, or take other action we consider appropriate.

4.4 Enforcement

We may investigate suspected violations of this Acceptable Use Policy and may remove content, disable applications, suspend or terminate accounts, and report conduct to law enforcement, in each case without notice, where we reasonably believe a violation has occurred. A violation of this Acceptable Use Policy is a material breach of these Terms and may result in the indemnification obligations described in Section 11.

4.5 Content Removal

In addition to the enforcement rights described above, we may remove, disable, restrict, or refuse to display any content, application, feature, or other material — in whole or in part — that we determine, in our sole discretion, (a) violates these Terms or the Affiliate Terms, (b) violates any applicable law or regulation, or (c) is otherwise harmful, unsafe, or objectionable, whether or not it violates any specific provision of these Terms. We may take any such action with or without prior notice to you, and we have no obligation to restore any content, application, or other material we remove or restrict under this Section.

5. Intellectual Property

Your Content

You retain ownership of the content and prompts you provide. You grant us a license to use this content to provide the Service, including processing by AI systems.

Generated Applications

Applications generated through the Service are owned by you, subject to any third-party licenses for included components, libraries, or templates.

Our Service

The OverSkill platform, including its design, features, and underlying technology, remains our intellectual property.

6. Payment and Billing

• Fees are billed according to your selected plan
• Usage-based charges (API calls, AI tokens, integrations) may apply
• AI generations consume credits based on the work the AI performs, measured by the tokens it processes. Larger or more complex requests consume more credits than small, narrow ones.
• Credits are consumed for a generation even when that generation encounters an error or produces an imperfect result, because the AI still performs — and is billed by the underlying model providers for — the work involved. This is described in more detail in Section 7.
• Credits you purchase are non-refundable and non-redeemable for cash or any other value, whether they are used, unused, or forfeited upon account closure or termination, except where a refund is required by applicable law
• Payments are processed securely through our payments provider, Payments.AI
• Refunds for fees other than purchased credits are handled according to our refund policy
• We may change pricing with 30 days notice

6a. OverSkill Payments — Creator Processing Fees

When you use OverSkill Payments to accept money on a generated app, pass-through processing fees apply. These are the underlying card-network, bank-rail, and risk-tooling costs charged by our payments provider (Payments.AI) and downstream processors. OverSkill does not add a platform fee on top of these rates.

The current fee schedule is published at overskill.com/pricing/payments and is binding upon transactions settled while that version is in effect. We give 30 days notice via email to active payment-accepting creators before any rate change takes effect.

Key points covered by the fee schedule:

• Card & wallet processing rates (domestic + international + currency conversion)
• Alternative payment methods (ACH, buy-now-pay-later)
• Payout fees by destination (ACH, RTP instant, wire, crypto, Venmo, international)
• Fraud protection charges (3DS, Radar, disputes, RDR alerts)
• Optional revenue-optimization tools (orchestration, billing, tax remittance)
• Affiliate program processing fees

Failed transactions are not charged. Refunds return the customer's money but the original card-network processing fee is not refunded (standard industry practice). Won dispute amounts are returned; lost disputes are not. Volume discounts are available for accounts processing more than $250,000 per month — contact us for a custom quote.

6b. Affiliate & Referral Data

If you sign up through a referral: when you join OverSkill via a referral link or invite code, your name and email address may be shared with the affiliate or partner who referred you, as described in our Privacy Policy, so they can deliver any bonuses they promised you and provide related support. You can ask us to stop this sharing at any time by contacting us.

If you participate in the OverSkill affiliate program: any referred-customer contact information we make available to you is confidential. You may use it only to fulfill bonuses you promised and to provide legitimate support for that specific referral relationship. You may not:

• Sell, rent, trade, or otherwise disclose referred-customer contact information to anyone else
• Add referred customers to marketing lists or send them communications unrelated to your referral, without their separate, express consent
• Continue contacting a referred customer after they ask you to stop — you must honor opt-out and deletion requests promptly
• Use the information in any way that violates applicable law, including GDPR, CCPA/CPRA, and CAN-SPAM

We may suspend or terminate your affiliate participation and your access to referred-customer information if you misuse it, and you agree to delete referred-customer contact information we've shared with you upon our request or when you leave the affiliate program.

6c. Payments.AI-Powered Payments; Third-Party Terms

Payment processing functionality within applications built on OverSkill — including OverSkill Payments described in Section 6a — is powered by Payments.AI, our third-party payments provider. If you install, enable, or otherwise use any payment functionality in your application, you are entering into a direct relationship with Payments.AI for that functionality, and by doing so you agree to be bound by Payments.AI's Terms of Service and Privacy Policy, in addition to these Terms.

OverSkill is not a party to your agreement with Payments.AI and has no liability for Payments.AI's acts, omissions, availability, or performance. If there is a conflict between these Terms and Payments.AI's terms with respect to payment-processing functionality specifically, Payments.AI's terms control for that functionality.

7. AI-Generated Content

The Service uses artificial intelligence to generate application code. You acknowledge that:

• AI output may not always be accurate, complete, or suitable for your purposes
• You are responsible for reviewing and testing generated code before deployment
• We do not guarantee that generated content is free from errors or security vulnerabilities
• You should not rely solely on AI-generated code for critical applications without human review

Iteration, Errors, and Credit Consumption

AI-assisted development is iterative by nature. Generations may occasionally fail, return an error, or need follow-up corrections before a result is right. This is a normal and inherent part of building software with AI — it is true of every AI development tool, not just OverSkill. Each generation, including ones that error or need refinement, consumes credits, because the AI still performs (and is billed for) the underlying work.

OverSkill goes beyond the raw AI models to reduce wasted spend: we automatically detect and fix many common build errors, optimize how much context the AI needs to process, and surface credit estimates before large changes run. These safeguards meaningfully lower the cost of iteration compared to using the underlying models directly. They do not eliminate it. Some credit consumption on errors and iteration remains an expected part of the process, and credits consumed in this way are not separately refundable.

AI generation is probabilistic and depends on the instructions you provide, so the application, feature, or content a generation produces may not fully match what you intended, may need further correction, or may contain bugs or incomplete functionality. That is an inherent characteristic of AI-assisted development, not a malfunction of the Service. Credits consumed by a generation are earned once the AI performs the requested work, and are not refunded on the basis that the output didn't match your expectations, needs revision, or has to be regenerated — those follow-ups are themselves normal, credit-consuming iterations of the same kind described above.

8. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted service. We may perform maintenance, updates, or experience outages. We will notify users of planned maintenance when possible.

OverSkill's app generation features are built on artificial intelligence models and infrastructure that we license from third-party providers, rather than technology we operate ourselves. This means the Service's core functionality depends on those providers being up and running. We choose our providers carefully and design the Service to handle hiccups gracefully where we can, but we don't control their infrastructure, and if a provider experiences an outage, slowdown, or other disruption, the corresponding parts of OverSkill — including app generation — may be temporarily slower, limited, or unavailable until service is restored on their end. We'll work to keep you informed and to restore full functionality as quickly as we reasonably can, but we can't guarantee the uptime or performance of these third-party AI providers.

9. Disclaimer of Warranties; Limitation of Liability

THE SERVICE — INCLUDING ANY APPLICATION, CODE, OR CONTENT GENERATED THROUGH IT — IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT ANY GENERATION WILL PRODUCE THE RESULT YOU INTENDED OR REQUESTED, OR THAT DEFECTS IN THE SERVICE OR IN GENERATED OUTPUT WILL BE CORRECTED.

Some parts of OverSkill may be offered as beta, preview, or early-access features. Those features are made available for evaluation, may be incomplete, may not work as intended, and may be changed or discontinued at any time without notice. They are provided on the same "as is" and "as available" basis described above, without any additional warranty.

If you use the Service to build an application for a high-risk context — including healthcare, financial services, legal services, critical infrastructure, or any other setting where an error could cause serious harm — you are solely responsible for deciding whether the Service is suitable for that use, and for building in whatever human oversight, testing, and safeguards that context requires. OverSkill does not design, test, or warrant the Service for use in any high-risk context.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OVERSKILL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

This also means we're not responsible for outages, errors, or delays caused by the third-party AI providers or other infrastructure the Service relies on, or by other circumstances outside our reasonable control.

THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 11, INCLUDING THE FULL INDEMNITY OWED FOR VIOLATIONS OF THE ACCEPTABLE USE POLICY DESCRIBED IN SECTION 4.

10. No Liability to Your End Users; Third-Party Beneficiaries

OverSkill provides the tools you use to build, host, and operate your application; we do not operate, support, or have any direct relationship with the end users or customers of any application you build using the Service ("Your End Users"). As between you and OverSkill, you are solely responsible for Your End Users — including providing customer support, honoring any promises, terms, or policies you make available to them, complying with applicable consumer-protection, privacy, and other laws in your dealings with them, and resolving any dispute, complaint, refund request, or claim they may bring against you.

OverSkill has no obligation to Your End Users and disclaims any and all liability to Your End Users arising out of or relating to your application, your conduct, or your relationship with them. These Terms do not create any third-party beneficiary rights, and no person or entity other than you and OverSkill — including Your End Users — may rely on or enforce any provision of these Terms.

11. Indemnification

You agree to indemnify, defend, and hold harmless OverSkill and its officers, directors, employees, contractors, and agents from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) any application, content, or data you create, configure, deploy, or distribute using the Service; or (c) your violation of these Terms.

Full Indemnity for Harm to Third Parties and IP Infringement. Without limiting the foregoing, if a claim arises out of (i) your use of the Service, or an application built using the Service, to harm, harass, defame, or otherwise injure a third party, or (ii) your infringement or misappropriation of any Pre-Existing IP Right of a third party, you agree to fully indemnify, defend, and hold harmless OverSkill and its officers, directors, employees, contractors, and agents from and against the entirety of any resulting claims, damages, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees), without regard to, and without the benefit of, any cap or exclusion of damages that might otherwise apply under Section 9 (Disclaimer of Warranties; Limitation of Liability). This indemnification obligation survives termination of these Terms.

12. Termination

We may suspend or terminate your access to the Service at any time for violation of these Terms. You may terminate your account at any time. Upon termination, your right to use the Service ceases, and we may delete your data after a reasonable retention period.

13. Modifications to Terms

We may modify these Terms at any time. Material changes will be notified via email or through the Service. Continued use after changes constitutes acceptance of the modified Terms.

14. Governing Law

These Terms shall be governed by the laws of the United States and the State of Delaware, without regard to conflict of law principles.

15. Force Majeure

OverSkill will not be liable for any delay, failure to perform, or interruption of the Service resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, utility failures, governmental action, or outages or failures of the third-party AI providers or other infrastructure described in Section 8.

16. Affiliate Program

OverSkill may offer you the opportunity to become an independent affiliate ("Affiliate") and earn commissions for new paying users you refer to the Service, subject to your acceptance of our affiliate program terms (the "Affiliate Terms"), which are incorporated into these Terms by reference and made available in your affiliate dashboard or at overskill.com/affiliates. If there is a conflict between these Terms and the Affiliate Terms, the Affiliate Terms control with respect to your participation in the affiliate program.

16.1 Independent Contractor Status

Affiliates are independent contractors and are not employees, agents, joint venturers, or partners of OverSkill. Affiliates have no authority to make representations, warranties, or commitments on OverSkill's behalf and may not describe themselves as an employee, representative, or spokesperson of OverSkill. Affiliates are solely responsible for all costs and expenses they incur in promoting the Service.

16.2 Commission Structure

OverSkill determines, in its sole discretion, the commission structure, rates, attribution windows, and payout schedule applicable to the affiliate program, as described in the Affiliate Terms or your affiliate dashboard. We may change commission rates prospectively upon notice.

16.3 Truthful, Compliant Promotion

When promoting the Service, you agree to:

• Make only truthful, substantiated claims about the Service, and refrain from guaranteeing results, income, or outcomes to prospective users
• Clearly and conspicuously disclose your material connection to OverSkill (that is, that you earn a commission) in every promotion, consistent with the FTC's Endorsement Guides (16 C.F.R. Part 255) and equivalent laws in your jurisdiction
• Comply with all applicable advertising, e-mail marketing, and telemarketing laws, including the CAN-SPAM Act, the Telephone Consumer Protection Act, and equivalent state and foreign laws
• Use only permission-based marketing lists, honor opt-out and unsubscribe requests promptly, and never purchase, rent, or scrape contact lists
• Refrain from bidding on "OverSkill," misspellings of it, or confusingly similar terms in paid search advertising
• Refrain from self-referrals and from generating referrals through fraudulent, incentivized, or deceptive means, and refrain from spam, misleading claims, or unauthorized use of our brand assets

16.4 Referred-User Data

When someone signs up using your affiliate link, we may share that user's name and email address with you so you can support the referral relationship and fulfill any bonus you promised. Section 6b (Affiliate & Referral Data) continues to govern your use of that information.

16.5 Suspension, Termination, and Clawback

We may withhold, cancel, or claw back commissions, and may suspend or terminate your participation in the affiliate program and/or your OverSkill account, at any time and without notice, if we reasonably believe you have violated this Section, the Affiliate Terms, or engaged in fraudulent, abusive, or unlawful conduct. Termination of your affiliate participation does not, by itself, terminate your rights to use the Service as an ordinary user, and termination of your account does not, by itself, entitle you to any unpaid or forfeited commissions.

17. Competitions and Promotions

From time to time, OverSkill may run competitions, contests, hackathons, giveaways, or similar promotions in connection with the Service (each, a "Competition"). Each Competition is governed by its own supplemental rules, which will be posted at games.overskill.app (the "Competition Rules"). The Competition Rules for a given Competition are incorporated into these Terms by reference and form part of the agreement between you and OverSkill with respect to that Competition. If there is a conflict between these Terms and the Competition Rules for a specific Competition, the Competition Rules control with respect to that Competition.

By entering or otherwise participating in a Competition, you agree to comply with the applicable Competition Rules, including any eligibility, entry, submission, judging, and prize-fulfillment requirements they contain, as well as with the Acceptable Use Policy in Section 4. We may modify, suspend, or cancel any Competition, or disqualify any entrant, at any time and for any reason, including suspected fraud or abuse.

18. Notice and Takedown Procedures; DMCA Policy

OverSkill respects the intellectual property rights of others and expects users of the Service to do the same. We have adopted the following policy in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA").

18.1 Designated Agent

Notices of claimed copyright infringement relating to content hosted on, deployed through, or generated using the Service should be sent to our designated DMCA agent:

18.2 Filing a Takedown Notice

Before submitting a notice, consider whether the use you are challenging may be authorized by law (for example, as fair use). A DMCA takedown notice is a serious legal accusation, and knowingly misrepresenting that material or activity is infringing can expose you to liability, including for damages. To be effective, your notice must be in writing (email is acceptable), delivered to our designated agent, and must include substantially the following:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
• Identification of the copyrighted work claimed to have been infringed, or a representative list if multiple works are covered by a single notice
• Identification of the material claimed to be infringing, and information reasonably sufficient to permit us to locate it (for example, the specific URL or application identifier)
• Your contact information, including your name, mailing address, telephone number, and email address
• A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
• A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf

18.3 Our Response

Upon receipt of a notice that substantially complies with the requirements above, we may remove or disable access to the identified material and will make reasonable efforts to notify the user who posted, deployed, or generated it, providing them with a copy of the notice.

18.4 Counter-Notice

If you believe material you posted, deployed, or generated was removed or disabled by mistake or misidentification, you may submit a counter-notice to our designated agent that includes substantially the following:

• Your physical or electronic signature
• Identification of the material that was removed or disabled and the location at which it appeared before removal
• A statement, made under penalty of perjury, that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification
• Your name, address, and telephone number
• A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if outside the United States, any judicial district in which OverSkill may be found), and that you will accept service of process from the person who submitted the original notice or their agent

Upon receipt of a valid counter-notice, we will forward it to the original complaining party. Unless that party notifies us within ten (10) business days that they have filed an action seeking a court order to restrain the allegedly infringing activity, we may, in our discretion, restore the removed or disabled material within ten (10) to fourteen (14) business days of receiving the counter-notice.

18.5 Repeat Infringer Policy

In appropriate circumstances and at our sole discretion, we will terminate the accounts of users determined to be repeat infringers of the intellectual property rights of others. We may also limit access to the Service and/or disable applications belonging to any user who infringes the intellectual property rights of others, whether or not that user has been designated a repeat infringer.

18.6 Relationship to Acceptable Use Policy

Conduct addressed by this Section 18 may also constitute a violation of the Acceptable Use Policy in Section 4, including the full indemnification obligations described in Section 11.

19. Miscellaneous

19.1 Assignment

You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent. We may assign or transfer these Terms, in whole or in part, at any time without notice, including in connection with a merger, acquisition, reorganization, or sale of assets. Any attempted assignment in violation of this Section is void.

19.2 No Waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver of any provision will be effective unless it is in writing.

19.3 Severability

If any provision of these Terms is found invalid or unenforceable, that provision will be modified or severed to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

19.4 Entire Agreement

These Terms, together with any documents they incorporate by reference (including our Privacy Policy, the Affiliate Terms, and any Competition Rules), constitute the entire agreement between you and OverSkill regarding the Service and supersede any prior or contemporaneous agreements or understandings, whether written or oral, on that subject.

20. Contact

For questions about these Terms, contact us at: