Commercial Use Policy

1. What Counts as Commercial Use

For the purposes of this policy, "Commercial Use" means any use of Kodus:

• By or on behalf of a company, firm, agency, non-profit, or other organization;
• By an individual operating in the course of a trade, profession, or business;
• In connection with software or services that are, or are intended to be, distributed or licensed for a fee, made available as a paid SaaS, or otherwise used to generate revenue;
• As part of a team of two or more people who collaborate on the same codebase;
• In connection with work for which the user is compensated, whether as an employee, contractor, or founder.

Consumer, personal, hobbyist, and learning use is described in the Consumer Use Policy.

2. Paid Plan Required for Commercial Use

Commercial Use requires a paid plan appropriate to your organization and usage. The free tier, where offered, is intended for individual evaluation, personal projects, and learning; it is not a license for Commercial Use. Each organization shall maintain a single active subscription (with appropriate seats or users as applicable) rather than signing up multiple free-tier accounts to avoid paying for Commercial Use.

3. One Subscription per Organization

Unless we expressly agree in writing, a given legal entity must use a single Kodus subscription for its Commercial Use. You shall not split usage across multiple unrelated accounts to circumvent plan limits, concurrency caps, token caps, or per-seat pricing. Affiliated entities (parent, subsidiary, or entities under common control) are treated as a single organization for this purpose unless we agree otherwise.

4. You Own Your Output; No Reselling Agent Capacity

Subject to the Terms of Service, you own the code and other output produced at your direction by the agent, and you may ship, sell, open-source, or otherwise distribute such output as part of your own software or services. However, you shall not:

• Resell, sublicense, proxy, or rebrand access to the Kodus agent itself to third parties;
• Offer a service whose core function is re-exposing the Kodus agent (or agent capacity routed through your Kodus account) to end users;
• Use the Services to operate a competing terminal-based or IDE-integrated AI coding agent, autonomous software-engineering platform, or white-label coding assistant;
• Use Kodus to generate training data for a competing model intended to replicate the agent's behavior.

5. Enterprise, SSO, Invoicing, and SLAs

Customers who require single sign-on (SSO/SAML/OIDC), invoice-based billing, custom data-protection terms, hosted-workspace capacity commitments, or service-level agreements should contact our sales team. These are available under separate written agreements negotiated with the Company; they are not included in self-service plans.

6. Compliance Obligations

Commercial Use is subject to the full Acceptable Use Policy and Terms of Service, including the restrictions on malicious code generation, unauthorized access, competitive scouting, and the handling of regulated data. If your Commercial Use involves regulated data (for example, PHI or PCI cardholder data), you must execute a separate written agreement with the Company before submitting such data to the Services.

7. Responsibility for Authorized Users

Organizations are responsible for the conduct of their Authorized Users. You shall ensure that each Authorized User accessing the Services under your subscription reads and follows the Terms of Service and this Commercial Use Policy, and you are liable for their acts and omissions as if they were your own.

8. Audit and Enforcement

We reserve the right to audit usage under a commercial subscription to verify compliance, as described in the Terms of Service. Suspected violations of this policy (for example, repackaging agent capacity as a reseller service) may result in suspension of the offending account, termination of the subscription, and the remedies set out in the Terms of Service, including liquidated damages for Trade Secret misappropriation where applicable.

9. Questions

If you are unsure whether a particular use qualifies as Commercial Use, or whether a particular integration you want to build is permitted, please contact us before proceeding. We would rather answer the question in advance than enforce retroactively.