Terms of Service

By creating an account or using the Service, you agree to these Terms of Service ("Terms"). If you do not agree, do not use the Service.

1. The Service

The Service is a hosted, multi‑user version of Borago Board that provides accounts, a browser‑based board, subscription management, and a cloud‑sync peer for desktop apps. The Service does not run AI coding agents — AI execution happens only on a user's own desktop, against the AI provider that user connects there. The Service stores and synchronizes your board data across your devices, and can relay certain actions (terminal sessions, chat requests, project scripts, container controls) between your browser and your own connected desktop.

2. Accounts

• You must provide a valid email and create a password; you must be at least 18 years old (the Service is not directed at, and may not be used by, anyone under 18).
• You are responsible for your account credentials and all activity under your account. Notify us at security@boragosoft.com of any unauthorized use.
• We may verify your email and rate‑limit authentication for security.
• You can reset a forgotten password via a code/link emailed to your account address; reset links/codes expire after a short period.

3. Subscriptions, billing, and cancellation

• What the subscription is for. The Service fee pays for the hosted cloud service — hosting your tasks/board, cross‑device sync, and the control/relay plane. It does not include, and is not a charge for, any AI usage. You bring your own AI provider API key (Anthropic, OpenAI, xAI, or Google — used on your desktop) or run your own self‑hosted model server; provider fees and terms are between you and the provider. Borago Soft Limited does not resell or provide AI access.
• Paid plans (e.g. "Basic", which syncs the board without file attachments, and "Pro" and "Max", which add file attachments and run history with a stated amount of attachment storage) are described at signup and on https://boragoboard.com/pricing/. Plans differ by what they include and how much storage they allow. No plan includes a promised support response time. The plans and prices offered at any time, and whether a plan can be paid monthly or yearly, are the ones shown at checkout. Prices are shown excluding tax. We may add, rename, or retire plans for new subscriptions at any time.
• Attachment storage. A plan with attachments allows a stated amount of storage for your account's files. We warn you as you approach it. At the limit, new uploads are refused until space is freed, you add storage, or you move to a plan with more room. Nothing you have already stored is deleted because you reached the limit or moved to a plan with less room, but new files are refused while you are over the new limit.
• Storage add-ons. On a plan that offers them (Max today), you may buy extra storage in blocks of a stated size and price. An add-on is part of your subscription: it bills on the same period (monthly or yearly), the part of the current period that is left is charged when you add it, and it renews with your plan until you remove it. Removing it, or moving to a plan without add-ons, ends it and credits the unused part of the period against your next invoice (no cash refunds). It also ends with the subscription, on the same terms as the plan. Add-ons are available on paid plans only, not during a trial, and do not earn a loyalty discount.
• Your price is fixed when you subscribe. A subscription keeps the price it was taken out at (or last changed plan at), and a later change to the list price applies to new subscriptions only. If we decide to move existing subscriptions to a new price, we will give you at least 30 days' notice by email before the first invoice at the new amount, and you may cancel before it takes effect. No such change is ever charged retroactively or mid‑period.
• Free trials and promotional offers. Borago Soft Limited decides, at its sole discretion, whether to offer a free trial, a discount, cloud credits or any other promotion, to whom, for how long and on what conditions, and may introduce, change or withdraw an offer at any time for anyone who has not yet taken it up. The conditions of an offer are stated where it is made, for example on https://boragoboard.com/pricing/ or at signup, and those conditions govern it. No offer is promised or guaranteed by these Terms. An offer never places you under a paid subscription by itself: nothing is billed when a free trial ends unless you have subscribed, and an offer you have already taken up continues on the conditions stated when you took it up.
• Loyalty discounts. We may, at our discretion, offer a percentage discount to subscriptions that have been continuously paid for a stated length of time. No loyalty discount is promised or guaranteed, and we may introduce, change, or stop offering one at any time for subscriptions that do not yet have it. If a discount has been applied to your subscription, it is applied automatically, appears on your invoices and in the subscription card, and continues while that subscription continues without interruption; it ends if the subscription ends. The Basic plan does not earn a loyalty discount. A loyalty discount may apply on top of a yearly billing discount. A discount is not a price guarantee for a new subscription taken out later.
• Subscriptions bill on a recurring basis through Stripe and auto‑renew each period until cancelled. You authorize recurring charges.
• You may cancel at any time. By default the cancellation takes effect at the end of the current period and access to paid features continues until then. You may instead choose to cancel immediately, which ends access at once and forfeits the remaining time, with no refund beyond what the Refunds clause below provides.
• Refunds. Subscription fees are non‑refundable except as set out here. Your first payment to us, whether for a subscription or for the one‑off paid month offered at the end of a free trial, may be refunded in full if you ask within 14 days of it. This first‑payment refund is available once per account: after it has been used, or after a first payment has been made and its 14 days have passed, later payments are refunded only as set out below. A renewal payment may be refunded in full if you ask within 7 days of the renewal date and have not used the paid features since it; otherwise a cancellation takes effect at the end of the period already paid for and no partial‑period refund is made. Where the Service is unavailable for a prolonged period because of a fault on our side, we will credit or refund the affected time on request. Refunds are made to the original payment method; credits and referral balances have no cash value and are not refunded. Nothing here limits your statutory withdrawal or refund rights (for example under EU/UK consumer law or the New Zealand Consumer Guarantees Act) where they apply. To request a refund, contact info@boragosoft.com from your account email.
• Taxes may be added. List prices may change on prospective notice; an existing subscription's price changes only as described above.

4. Your content

You retain ownership of the content you upload or sync ("Your Content"), which may include projects, tasks and their text/output (which may contain code snippets), comments, and, on a plan that includes them (or during a trial of one), file/image attachments. You grant Borago Soft Limited a limited license to host, store, transmit, back up, and display Your Content solely to operate the Service for you (including syncing it to your devices). You represent that you have the rights to Your Content and that it does not infringe or violate law.

5. Acceptable use & hosted content

Your Content is stored on third‑party cloud infrastructure (e.g. AWS and object storage). You must not upload, sync, or store, or use the Service to process, any content that:

• (a) is unlawful, infringing, or violates any third party's rights;
• (b) is or contains malware, exploits, or code intended to harm or gain unauthorized access to systems;
• (c) you do not have the right to process, or that contains others' personal data without a lawful basis (and, where required, a data‑processing agreement with us);
• (d) violates the acceptable‑use policies of our infrastructure providers (including the AWS Acceptable Use Policy) or any other third‑party service the Service relies on; or
• (e) is otherwise prohibited by these Terms.

You also will not attempt to breach, overload, scrape, or reverse‑engineer the Service; share accounts or resell access without our consent; or circumvent usage, subscription, or security limits.

Enforcement / takedown. We may remove or disable access to content and suspend or terminate accounts that we reasonably believe violate this section or create legal/security risk, and we may act on abuse reports sent to security@boragosoft.com. We maintain a repeat‑infringer policy and respond to valid intellectual‑property (e.g. DMCA) notices. Removal may occur without prior notice where necessary to protect the Service, other users, or our providers.

6. Third parties

The Service integrates with sub‑processors (hosting, storage, email, payments — see Privacy Policy). AI providers (Anthropic, OpenAI, xAI, Google) are involved only via your desktop peer, not the Service itself.

AI providers are your responsibility. You use your own AI provider accounts or API keys (or your own self‑hosted server). You are solely responsible for reviewing, accepting, and complying with each AI provider's terms of service, usage policies, and privacy policies, and for all fees and usage limits. Your relationship with any AI provider is solely between you and that provider. Borago Soft Limited does not provide, resell, or control any AI service and is not affiliated with, endorsed by, or sponsored by Anthropic, OpenAI, xAI, or Google.

7. Availability

We aim for good availability but provide the Service "as is" and "as available" with no uptime guarantee unless a separate SLA is agreed in writing. We may perform maintenance and may modify or discontinue features on reasonable notice.

8. Suspension & termination

We may suspend or terminate accounts that breach these Terms, create risk or legal exposure, or for prolonged inactivity or non‑payment. You may stop using the Service and delete your account at any time. On termination we will delete or de‑identify Your Content per the Privacy Policy and applicable law, subject to backups and legal retention.

8a. Self‑service account deletion

You can end your account yourself from your profile, in one of three ways. In every case: payments and cloud sync stop immediately, and no refund is issued beyond what the Refunds clause in §3 provides (any already‑paid time is honored), and your cloud credits remain on the account until its data is deleted (they are deleted with it and have no cash value).

• Disable — you may reactivate by signing in within 6 months. If you reactivate within the same billing cycle, nothing changes; if later, your billing cycle restarts on the day you reactivate. We send reminders at 30 days, 7 days, 48 hours, and 24 hours before the window ends, and a final notice when the account is terminated.
• Terminate — you may reactivate within 14 days; your billing cycle does not change. We send reminders at 48 and 24 hours before the window ends, and a final notice at termination.
• Terminate and delete immediately — irreversible; requires re‑entering your password and a second code: one from your authenticator app, or, when two‑factor authentication is off, a six‑digit code emailed to your primary address. All data and remaining credits are deleted right away and a final deletion confirmation is emailed.

8b. Plan downgrades, image retention & failed payments

• Moving from a plan with file attachments (such as Pro or Max) to one without (such as Basic) makes your attachments inaccessible. At the moment of the change you choose: hold, where attachments are retained for 90 days (reminders 30 days, 48 hours, and 24 hours before deletion) and restored in full if you subscribe to a plan with attachments within that time, after which they are permanently deleted, or immediate deletion (confirmed twice; irreversible).
• A trial that ends without a plan. When a free or paid trial ends and no plan has been bought, cloud sync and the cloud board close (your desktop app and everything stored on your own machine are unaffected), and any attachments stored in the cloud are held for 90 days on the same terms as the hold above: reminders 30 days, 48 hours, and 24 hours before deletion, restored in full if you subscribe to a plan with attachments within that time, and permanently deleted after it. Downgrade billing mirrors upgrade billing: the unused part of the higher plan's period is credited against your next invoice; no cash refunds.
• Failed renewal payments: our payment provider retries the charge over a period of time and emails you a payment‑update link. Your subscription remains active for a 30‑day grace period after the paid period lapses (with escalating in‑app warnings); if payment is not collected by then, sync and board access are suspended until you renew. No data is deleted because of a failed payment.

After a disable/terminate window ends the account is terminated and its data is retained for a further 14 days as a recovery hold (no further emails are sent during the hold; contact support to recover), after which all account data — projects, tasks, attachments, profile, and credits — is permanently deleted and a final deletion email is sent. Billing/ledger records required for tax, accounting, and fraud‑prevention purposes are retained as described in the Privacy Policy.

9. Disclaimers & limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES, AND Borago Soft Limited'S AGGREGATE LIABILITY ARISING FROM THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM (OR USD 50 IF YOU PAID NOTHING). WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR LOST DATA/PROFITS. Nothing excludes liability that cannot be excluded by law. See also the EULA.

10. Indemnity

To the extent permitted by law, you will indemnify Borago Soft Limited against third‑party claims arising from Your Content or your misuse of the Service, except where caused by us.

11. Changes

We may update these Terms and will post the new effective date and, for material changes, provide reasonable notice (e.g. email or in‑app). Continued use is acceptance.

12. Governing law & disputes

New Zealand law governs; venue is the courts of New Zealand, subject to mandatory consumer rights where you live.

13. Contact

Borago Soft Limited · info@boragosoft.com · 7a Garner Place, Glenfield, Auckland 0629, New Zealand · https://www.boragosoft.com