Terms of Service

Effective: April 15, 2026  ·  Last updated: April 15, 2026

These Terms of Service ("Terms") govern your access to and use of Fabricate's website, platform, APIs, and related services (collectively, the "Service"), operated by Fabricate ("we," "us," or "our"). By creating an account or using the Service you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 13 years old to use the Service. If you are between 13 and 17 years old, you may only use the Service with the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. If you are 18 or older, you represent that you are capable of forming a binding contract. By using the Service you represent that you meet these requirements. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately at support@fabricate.build if you suspect unauthorized access. We are not liable for any loss resulting from unauthorized account use.

You may not create accounts through automated means, use false or misleading information, or allow others to use your account. Each person may maintain only one account. Creating multiple accounts to circumvent credit limits, free tier restrictions, or any other platform controls is strictly prohibited and will result in immediate suspension of all associated accounts. We reserve the right to suspend or terminate accounts that violate these Terms.

3. Free Tier

All accounts start on the Free tier, which includes 60 credits per month at no cost. No credit card is required. Free-tier credits refresh monthly and do not roll over. You may upgrade to a paid plan at any time to access additional credits and features. We reserve the right to modify the Free tier credit allocation at any time. Free-tier users are limited to 1 published project.

4. Subscriptions and Billing

4.1 Subscription Plans

We offer Free, Pro, and Scale subscription tiers. Paid subscriptions are billed in advance on a monthly or annual basis depending on the plan you select. Current pricing is available at fabricate.build/pricing.

4.2 Automatic Renewal

Paid subscriptions renew automatically at the end of each billing period at the then-current rate unless cancelled. By subscribing, you authorize us to charge your payment method on a recurring basis. You will receive a reminder before each renewal. We may change pricing with at least 30 days' notice; continued use after the effective date constitutes acceptance.

4.3 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us at support@fabricate.build. Cancellation takes effect at the end of the current billing period; you retain access to paid features until then. We do not provide prorated refunds for partial periods unless required by applicable law.

4.4 Refunds

All fees are non-refundable except as expressly stated in this section or as required by applicable law. Credits represent prepaid access to AI generation services. Once credits are consumed through AI generation usage, the corresponding portion of your subscription fee is considered fully earned byFabricate and is non-refundable.

Refund eligibility is determined at our sole discretion based on the following criteria:

  • Less than 10% credit consumption: If you have consumed fewer than 10% of your monthly credit allocation during the current billing period, we may, at our sole discretion, issue a partial or full refund of your subscription fee. Any refund amount may be reduced proportionally to reflect credits already consumed.
  • 10% or more credit consumption: Subscriptions where 10% or more of the monthly credit allocation has been consumed are not eligible for a refund, as the digital services have been substantially delivered.
  • Billing errors: If you believe a charge was made in error, contact us within 30 days of the charge at support@fabricate.build. We will review and resolve billing disputes in good faith.

The refund amount, if granted, is calculated as: subscription fee minus ((credits consumed / total monthly credit allocation) x subscription fee). Refunds are typically processed within 5-10 business days to the original payment method.

4.5 Credits

Credits are a prepaid, non-monetary unit used to track AI generation usage. Credits are non-refundable, non-transferable, and not redeemable for cash or any other value. Credits on all plans (Free, Pro, and Scale) reset at the beginning of each billing cycle. Unused credits from the prior cycle do not carry over to the next cycle on any plan. We reserve the right to modify credit allocations, pricing, and consumption rates at any time with at least 30 days' notice.

4.6 Free Trial

We may offer a free trial period to new users, providing temporary access to paid-tier features and a limited number of trial credits. Trial credits have no cash value, are not redeemable for money, and expire at the end of the trial period. Trial availability, duration, and credit allocation may be changed or discontinued at any time without notice. At the end of the trial period, your account will revert to the Free tier unless you subscribe to a paid plan. We reserve the right to limit trial eligibility to one trial per person, household, or payment method.

4.7 Consent to Immediate Digital Delivery

By subscribing to a paid plan or beginning a free trial, you expressly request and consent to the immediate provision of digital content and AI generation services. You acknowledge that access to the Service begins immediately upon subscription activation and that credits become available for use right away. To the extent permitted by applicable law, including but not limited to Directive 2011/83/EU (the EU Consumer Rights Directive) and equivalent national implementations, you acknowledge that you lose your right of withdrawal once you begin using the Service or consuming credits, whichever occurs first. This does not affect any mandatory consumer rights that cannot be waived under applicable law.

4.8 Chargebacks and Disputes

If you initiate a chargeback or payment dispute with your bank or payment provider instead of contacting us first at support@fabricate.build, we reserve the right to suspend your account immediately pending resolution. We encourage you to contact us directly to resolve any billing concerns before filing a dispute with your payment provider, as chargebacks incur processing fees that may be passed on to you where permitted by law.

4.9 Taxes

Prices exclude applicable taxes. You are responsible for all taxes associated with your use of the Service except for taxes based on our net income.

5. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable law or regulation
  • Generate, transmit, or distribute malware, viruses, or other malicious code
  • Attempt to gain unauthorized access to any system, network, or data
  • Harass, abuse, or harm any person or entity
  • Generate content that is unlawful, defamatory, fraudulent, obscene, or that infringes any third-party rights
  • Circumvent rate limits, credit systems, or access controls
  • Create or operate multiple accounts to circumvent credit limits, usage quotas, or free tier restrictions
  • Use VPNs, proxies, or other tools to evade geographic restrictions or account controls
  • Scrape, crawl, or extract data from the Service without authorization
  • Impersonate any person or entity
  • Interfere with or disrupt the integrity or performance of the Service

We reserve the right to investigate violations and, where appropriate, cooperate with law enforcement. We may suspend or terminate access without notice for serious violations.

5A. Account Suspension and Appeals

We may suspend or terminate your account without prior notice if we detect violations of these Terms, including but not limited to multi-account abuse, credit system circumvention, or use of automated tools to bypass platform controls. While your account is suspended, you will not be able to sign in or access any projects associated with that account.

If your account is suspended and you believe this was in error, you may submit an appeal by emailing support@fabricate.build with your account email address, a description of the issue, and any relevant context. We will review appeals within 5 business days and respond to the email address on file. Suspension decisions are at our sole discretion.

6. Content and Ownership

6.1 Your Content

You retain ownership of content you submit to the Service ("Your Content"), including prompts and generated applications. You grant us a limited, worldwide, royalty-free license to process, store, and transmit Your Content solely to provide the Service, ensure security, and support your requests.

6.2 Generated Output

Subject to these Terms and your compliance with applicable AI provider policies, you own the applications and code generated by the Service. We do not claim ownership of generated output. You are solely responsible for ensuring that your use of generated output complies with all applicable laws and third-party rights.

6.3 Our Intellectual Property

The Service, including its design, software, trademarks, and documentation, is owned by us or our licensors and is protected by intellectual property laws. These Terms do not grant you any rights in our intellectual property except the limited right to use the Service as described herein.

6.4 Feedback

Any feedback, suggestions, or ideas you provide to us may be used by us without restriction and without any obligation to compensate you.

7. Copyright and DMCA

We respect intellectual property rights. If you believe content on the Service infringes your copyright, please send a notice to support@fabricate.build that includes: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material and its location; (c) your contact information; (d) a statement of good-faith belief; and (e) a statement that the information in your notice is accurate. We will respond to valid notices in accordance with the Digital Millennium Copyright Act.

8. Third-Party Services

The Service integrates with third-party services including but not limited to Anthropic (AI models), Cloudflare (infrastructure), Stripe (payments), and GitHub (optional code sync). Your use of these services is subject to their respective terms. We are not responsible for the availability or conduct of third-party services.

9. Suspension and Termination

We may suspend or terminate your access to the Service at any time with or without cause. We will provide reasonable notice where practicable except where immediate action is required for security or legal reasons. You may terminate your account at any time by contacting support@fabricate.build. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination will survive, including Sections 6, 10, 11, 12, 13, and 14.

9.1 Effect of Termination on Credits

If you cancel your subscription voluntarily, any remaining credits will remain available until the end of your current billing period, after which they expire. If your account is terminated by us due to a violation of these Terms, any remaining credits (free or paid) are immediately forfeited and no refund will be issued. If we terminate your account for reasons not attributable to your breach of these Terms, we may, at our sole discretion, issue a prorated refund for the unused portion of your subscription.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED. AI-GENERATED CONTENT MAY CONTAIN ERRORS OR INACCURACIES AND SHOULD BE REVIEWED BEFORE USE IN PRODUCTION ENVIRONMENTS.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FABRICATE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) $100 USD.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Fabricate and its affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any third-party right.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any dispute arising from or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction. You waive any right to participate in a class-action lawsuit or class-wide arbitration. Notwithstanding the foregoing, if you are located in a jurisdiction where arbitration clauses are not enforceable, disputes shall be resolved in courts located in Delaware.

14. General Provisions

14.1 Changes to Terms

We may modify these Terms at any time. We will provide at least 30 days' notice of material changes by email or by posting a notice on the Service. Your continued use after the effective date of the revised Terms constitutes acceptance. If you do not agree, you must stop using the Service before the effective date.

14.2 Force Majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, acts of government, infrastructure failures, or internet outages.

14.3 Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and us regarding the Service and supersede all prior agreements. If any provision is found unenforceable, the remaining provisions continue in full force. Our failure to enforce any right is not a waiver of that right.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets with notice to you.

Contact

Questions about these Terms can be sent to support@fabricate.build.