Terms of Service

Effective Date: February 20, 2026 · Last Updated: February 20, 2026

1. Acceptance of Terms

By downloading, installing, accessing, or using Evolution Engine, the codequal.dev website, or any related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you ("you," "your," or "User") and CodeQual ("we," "us," "our," or "Company").

2. Description of Service

Evolution Engine is a local-first command-line interface (CLI) tool for software development analytics. The Service analyzes development signals across version control, continuous integration, deployment, dependency management, and security data sources to identify patterns and generate actionable advisories.

2.1 Local-First Architecture

The core analysis pipeline (Phases 1 through 5) runs entirely on your local machine. Your source code never leaves your computer. All pipeline output (events, signals, patterns, advisories, and reports) is stored in local directories on your machine.

2.2 Optional Cloud Features

Certain features involve data transmission to external services, but only when you explicitly initiate them:

2.3 Website and API

The codequal.dev website provides documentation, subscription management via Stripe, license key retrieval, and an adapter request form.

3. Account and Subscription Terms

3.1 Free Tier

Evolution Engine is available at no cost under the Free tier. The Free tier includes access to the core analysis pipeline (Phases 1 through 5), local pattern detection, report generation, and GitHub Action integration. Certain advanced features may be restricted to the Pro tier.

3.2 Pro Tier

The Pro tier is available for $19 per month (USD), billed monthly via Stripe. The Pro tier includes access to additional capabilities, including certain AI-powered features, as further described on our website at codequal.dev/#pricing.

3.3 Payment Processing

All payments are processed by Stripe, Inc. By purchasing a Pro subscription, you agree to Stripe's terms of service. You are responsible for providing accurate and complete payment information. We do not store your payment card details; all payment data is handled directly by Stripe.

3.4 Pricing Changes

We reserve the right to change subscription pricing. If we change the price of the Pro tier, we will provide at least 30 days' notice before the new price takes effect. The new price will apply at the start of your next billing cycle after the notice period.

3.5 Taxes

Subscription fees are exclusive of taxes unless stated otherwise. You are responsible for any applicable sales tax, VAT, GST, or other taxes imposed by your jurisdiction. Stripe may collect applicable taxes on our behalf.

4. License Grant

4.1 Dual Licensing Structure

Evolution Engine is distributed under a dual-license model:

(a) MIT License: The command-line interface wrapper, adapter framework, and plugin interfaces are licensed under the MIT License. The source code for these components is publicly available on GitHub.

(b) Business Source License 1.1: The core analysis engine (Phases 2-5) and associated compiled binaries are licensed under the Business Source License 1.1. This license permits non-production use without a commercial license. Production use requires an active Pro subscription.

4.2 Pro Tier License

Upon purchasing a Pro subscription, you receive a commercial license to use the core analysis engine in production environments for the duration of your subscription.

4.4 Open Source Components

Evolution Engine includes open source software components, which are licensed under their respective open source licenses. Your use of open source components is governed by those licenses, not these Terms.

5. Restrictions

You agree not to:

5.1 Reverse Engineering

5.2 License Key Restrictions

5.3 Commercial Restrictions

5.4 Abuse

6. Intellectual Property

6.1 Our Intellectual Property

The Service, including its software, algorithms, compiled binaries, documentation, website, branding, and all related intellectual property, is owned by CodeQual and is protected by copyright, trade secret, and other intellectual property laws. These Terms do not grant you any right, title, or interest in our intellectual property except for the limited license described in Section 4.

6.2 Your Data

You retain all rights to your data. We do not claim any ownership of your source code, repositories, configuration files, or any data processed by the Service on your local machine. Output generated by the Service (reports, advisories, patterns) from your data belongs to you.

6.3 Community Patterns

If you opt in to Knowledge Base sync (privacy level 1 or 2), the anonymized patterns you contribute to the community registry are dedicated to the public domain under the Creative Commons Zero (CC0-1.0) Universal Public Domain Dedication. You acknowledge that contributed patterns cannot be recalled once shared, though you may stop contributing at any time.

6.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a non-exclusive, worldwide, royalty-free, irrevocable license to use, reproduce, modify, and incorporate that feedback into the Service without obligation to you.

7. Third-Party Integrations

7.1 Adapter Integrations

Evolution Engine integrates with third-party development tools and services through adapters (e.g., GitHub, Jenkins, GitLab, npm, Cargo). These integrations access data from third-party services using credentials and tokens that you provide.

7.2 No Endorsement

The availability of third-party integrations does not constitute an endorsement of, affiliation with, or recommendation for any third-party service. We are not responsible for the availability, accuracy, or reliability of third-party services.

7.3 Third-Party Terms

Your use of third-party services through Evolution Engine adapters is subject to the terms of service, privacy policies, and usage limits of those third-party services. You are responsible for complying with all applicable third-party terms, including API rate limits and acceptable use policies.

7.4 AI Service Providers

If you use the AI investigation or fix features, your data is sent to the AI provider you have configured (e.g., Anthropic). Your use of these AI services is subject to the AI provider's terms of service and privacy policy. We are not responsible for how AI providers process your data.

7.5 Stripe

Payment processing is provided by Stripe, Inc. Your use of Stripe's services is subject to Stripe's terms of service.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to:

You acknowledge that software development decisions involve professional judgment and that the Service is a tool to assist, not replace, such judgment.

9. Limitation of Liability

9.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CODEQUAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

Whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

9.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

9.3 Exceptions

The limitations in this section do not apply to liability arising from: (a) our gross negligence or willful misconduct, (b) death or personal injury caused by our negligence, or (c) any liability that cannot be excluded or limited under applicable law.

10. Refund Policy

10.1 30-Day Money-Back Guarantee

If you are not satisfied with the Pro tier, you may request a full refund within 30 days of your initial subscription purchase. To request a refund, contact us at info@codequal.dev with your Stripe customer email address.

10.2 Refund After 30 Days

After the initial 30-day period, subscription fees are non-refundable. You may cancel your subscription at any time (see Section 11), but no partial refund will be issued for the remainder of your current billing period.

10.3 Refund Processing

Approved refunds will be processed through Stripe to the original payment method. Please allow 5-10 business days for the refund to appear on your statement.

10.4 Exceptions

We reserve the right to deny refund requests in cases of abuse, such as repeated subscription and refund cycles, or violations of these Terms.

11. Cancellation

11.1 How to Cancel

You may cancel your Pro subscription at any time by:

11.2 Effect of Cancellation

Upon cancellation:

11.3 Resubscription

If you cancel and later wish to resubscribe, you may purchase a new Pro subscription at the then-current price. A new license key will be generated.

12. Termination

12.1 Termination by Us

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Grounds for termination include but are not limited to:

12.2 Termination by You

You may stop using the Service at any time. To fully terminate your relationship with us, cancel any active subscription and delete the Evolution Engine software and all associated local data from your devices.

12.3 Effect of Termination

Upon termination:

12.4 Data After Termination

We do not have access to or control over your locally stored data. Any data stored on our systems (telemetry logs, Stripe records) will be handled in accordance with our Privacy Policy.

13. Governing Law

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

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact us at info@codequal.dev and attempt to resolve the dispute informally for at least 30 days.

14.2 Binding Arbitration

If the dispute cannot be resolved informally, you and CodeQual agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted remotely via videoconference unless both parties agree otherwise in writing.

14.3 Class Action Waiver

YOU AND CODEQUAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

If you are a resident of the European Union or other jurisdiction where arbitration agreements and class action waivers are prohibited by law, this Section 14 (Dispute Resolution) shall not apply to you.

14.4 Exceptions to Arbitration

Notwithstanding the above, either party may: (a) bring an action in small claims court if the claim qualifies, or (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

14.5 Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending written notice to info@codequal.dev within 30 days of first accepting these Terms. If you opt out, disputes will be resolved in the state or federal courts located in Delaware.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and CodeQual regarding the Service and supersede all prior agreements and understandings.

15.2 Severability

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

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of CodeQual.

15.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

15.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, government actions, internet or infrastructure failures, or third-party service outages.

15.6 Notices

We may provide notices to you via the CLI tool, the codequal.dev website, or the email address associated with your subscription. You may provide notices to us at info@codequal.dev.

15.7 No Agency

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and CodeQual.

16. Changes to These Terms

We may modify these Terms at any time. When we make material changes, we will:

Your continued use of the Service after the revised Terms take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and cancel any active subscription.

17. Contact Information

For questions about these Terms of Service, please contact us:

18. Acknowledgments

By using the Service, you acknowledge that:

These Terms of Service apply to Evolution Engine version 0.2.x and the codequal.dev website as of the effective date above.