Terms of Service

These terms are an agreement between you and No. 1 App Company ("Persistent Compute," "we," or "us"). They cover the Persistent Compute apps, website, and the computing service that extends your laptop (together, the "Service"). By creating an account or using the Service, you agree to these terms.

If you use the Service for a company or other organization, you agree to these terms on its behalf and confirm you have the authority to do so. In that case, "you" means that organization.

You must be at least 18 years old, or the age of majority where you live, and able to form a binding contract. You may not use the Service if you are barred from doing so under applicable law, including export control and sanctions laws.

You're responsible for your account, for keeping your sign-in details secure, and for everything that happens under your account. Tell us right away at the address below if you believe your account has been accessed without your permission.

You must give us accurate information when you sign up and keep it current.

Persistent Compute adds computing power, memory, and storage to your laptop from machines we operate or rent from cloud providers, and keeps work running when your laptop is asleep or closed. We may change, add, or remove features over time. If we remove something material you pay for, we'll give you reasonable notice.

Unless you have a separate written agreement with us that includes a service level commitment, we don't guarantee that the Service will be available at all times or free of interruptions.

You may not use the Service to: break the law or infringe anyone's rights; mine cryptocurrency; send spam or run phishing campaigns; attack, scan, or disrupt other systems or networks; distribute malware; get around usage limits or security controls; or interfere with the Service or other customers.

You also may not: sublicense, resell, rent, lease, or share the Service with anyone outside your account without our permission; reverse engineer, decompile, or try to derive the source code of the Service, except where the law expressly allows it or as part of good-faith security research described on our Security page; copy, modify, or make derivative works of the Service, except as needed to use it; remove our proprietary notices; or use non-public information about the Service to build or benchmark a competing product or service. Open-source components included in the Service are governed by their own licenses.

We may investigate suspected violations and suspend or limit your use of the Service to protect Persistent Compute, our customers, or others. Where we reasonably can, we'll tell you first.

You keep all rights to the files, code, and other material you put into or create with the Service ("Your Content"). You give us a limited license to host, copy, process, and transmit Your Content only as needed to run, secure, and support the Service for you.

We don't sell Your Content and we don't use it to train AI models. Our Privacy Policy explains how we handle personal information.

You're responsible for Your Content and for having the rights to use it with the Service. You should keep your own backups of anything important.

We collect data about how the Service is used and performs, such as connection status, resource usage, and which features are used ("Usage Data"). Usage Data never includes Your Content. We may use Usage Data to run, secure, support, and improve the Service. Outside the sharing described in our Privacy Policy, we share Usage Data only in aggregated form that doesn't identify you.

Persistent Compute works alongside tools such as Claude Code, Codex, and Cursor, and can use accounts you connect, such as GitHub. When you connect an account, you authorize Persistent Compute to access it only as you allow, and you can disconnect it at any time.

Third-party tools and services are governed by their own terms. We aren't responsible for them, for their outputs, or for actions your agents take using them.

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. If you believe material on the Service infringes your copyright, send a written notice to our copyright agent at legal@persistentcompute.ai that includes: your physical or electronic signature; a description of the copyrighted work; a description of the material you believe is infringing and where it is located; your name, address, phone number, and email address; a statement that you have a good-faith belief the use isn't authorized by the copyright owner, its agent, or the law; and a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act for them.

Because Your Content runs on a private cloud computer, we may respond to a valid notice by restricting or suspending access to the reported material without inspecting its contents.

If we remove or disable access to your material because of a notice and you believe that was a mistake, you may send a counter-notice to legal@persistentcompute.ai that includes: your physical or electronic signature; a description of the material that was removed and where it was located; a statement, under penalty of perjury, that you have a good-faith belief it was removed by mistake or misidentification; your name, address, and phone number; and your consent to the jurisdiction of the federal district court for your address, or for Delaware if you're outside the United States, and to accept service from the person who sent the original notice.

We will, in appropriate circumstances, end the accounts of repeat infringers.

Paid plans are billed in advance on a monthly or annual basis. If your plan includes usage-based charges, they're billed in arrears as described on our pricing page or in your order form. Subscriptions renew automatically until you cancel. Fees don't include taxes, which you're responsible for.

We may change our prices. If a change affects your current plan, we'll give you at least 30 days' notice, and the new price applies from your next renewal. Except where required by law, fees are non-refundable.

If a payment fails, we may suspend paid features until it's resolved.

You can cancel at any time from your account settings. Cancellation takes effect at the end of your current billing period.

To have your account deleted, email privacy@persistentcompute.ai from the address on your account and Persistent Compute staff will delete it. Once processed, deletion is permanent: the 30-day export period does not apply, there is no refund, your personal subscription and the subscription of any self-serve team you are the only member of are canceled, and some records are kept for legal, billing, and security reasons as described in our Privacy Policy.

We may suspend or end your access if you materially break these terms, if we're required to by law, or if we stop offering the Service, in which case we'll give you reasonable notice and refund any prepaid fees for the unused period.

After your account ends, you'll have 30 days to export Your Content, after which we'll delete it from our active systems, except where we must keep it by law.

Persistent Compute and its licensors own the Service, including its software, design, and brand. These terms don't give you any rights to them except the right to use the Service as described here.

If you send us ideas or feedback, we may use them without any obligation to you. Feedback isn't Confidential Information.

Each of us may share non-public information with the other that is marked confidential or that a reasonable person would understand to be confidential ("Confidential Information"). Your Confidential Information includes Your Content. Ours includes non-public details about the Service, its security, and our pricing.

The party receiving Confidential Information will use it only to perform under or exercise its rights under these terms, will protect it with at least reasonable care, and will share it only with its employees, contractors, and service providers who need it for those purposes and are bound by confidentiality obligations at least as protective as these, or with a successor in a merger, acquisition, or sale of assets that agrees to these obligations.

These obligations don't apply to information that is or becomes public through no fault of the receiving party, that it already knew or developed independently, or that it lawfully received from someone else without a duty of confidentiality. A party may disclose Confidential Information when the law requires it, after giving the other party prompt notice where the law allows so it can seek protection, or when needed to prevent imminent harm to someone's safety. These obligations continue after these terms end.

The Service is provided "as is" and "as available." To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

AI agents can make mistakes. You're responsible for reviewing what your agents do and for decisions you make based on their work.

To the fullest extent the law allows, Persistent Compute won't be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, arising from these terms or the Service.

Our total liability for any claim relating to these terms or the Service is limited to the greater of the amount you paid us in the 12 months before the claim arose or $100.

You'll defend and indemnify Persistent Compute against third-party claims arising from Your Content, your misuse of the Service, or your breach of these terms, and pay resulting damages and reasonable costs.

These terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. Before filing a claim, each of us agrees to try to resolve the dispute informally for at least 30 days.

Any dispute that isn't resolved informally will be settled by binding individual arbitration, except that either of us may bring claims in small claims court or seek injunctive relief for misuse of intellectual property. You and Persistent Compute each waive the right to a jury trial and to take part in a class action.

We may update these terms from time to time. If a change is material, we'll let you know by email or in the app at least 30 days before it takes effect. If you keep using the Service after that, you accept the updated terms.

These terms, together with any order form or other agreement you sign with us, are the entire agreement between you and Persistent Compute about the Service. If any part is found unenforceable, the rest stays in effect. Our not enforcing a provision isn't a waiver. You may not transfer these terms without our consent; we may transfer them to an affiliate or as part of a merger, acquisition, or sale of assets. Neither of us is responsible for delays or failures, other than payment obligations, caused by events beyond our reasonable control. If you use the Service for an organization, we may identify that organization as a Persistent Compute customer, including by its name and logo, and you allow us to use them for that purpose, unless you ask us not to by emailing legal@persistentcompute.ai.

Questions? Email legal@persistentcompute.ai or write to No. 1 App Company.