The Factory ("The Factory", "we", "us") is a service operated by Legal name — pending incorporation, trading as The Factory, of Registered address — pending incorporation ("the Operator"). Contact: Email — pending incorporation.
These Terms of Service ("Terms") govern your access to and use of The Factory's websites, applications, build tools, hosting, and related services (together, the "Service").
By creating an account, signing in, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
3.1 The Service generates software from descriptions you provide, using artificial intelligence and automated deployment systems, and may host the result on infrastructure operated by us or by third-party providers.
3.2 The Service is provided with reasonable care and skill. However, the nature of AI generation means Generated Output may contain errors, omissions, or unintended behaviour. You must review and test any Generated Output before relying on it for any business, commercial, or public purpose.
3.3 We may modify, improve, or discontinue features of the Service. Material changes affecting paid plans will be notified in advance where reasonably practicable.
3.4 The Service grows. New capabilities are added over time — for example built-in data storage for Customer Apps, voice interaction, app editing, and a marketplace. Any feature you choose to use is governed by these Terms together with any feature-specific terms we publish when introducing it. Where a new feature materially changes what you have already paid for, clause 15 applies.
4.1 You must provide accurate information and keep your sign-in credentials secure. You are responsible for activity under your account.
4.2 You must be at least 18 years old and legally capable of entering contracts. A parent or legal guardian may register in their own name and permit a person under 18 to create apps under their supervision — in which case the account, everything created under it, and full responsibility for it under these Terms remain the parent’s or guardian’s own, exactly as if they had made the apps themselves.
4.3 One person or business per account unless otherwise agreed in writing.
5.1 Subject to payment of any applicable fees, we assign to you all rights we hold in the Generated Output created for your account, to the extent we are able to do so.
5.2 You acknowledge that: (a) AI-generated material may resemble other AI-generated material produced for others, and we do not warrant uniqueness; (b) Generated Output may incorporate open-source components governed by their own licences; and (c) the legal status of AI-generated works may vary by jurisdiction.
5.3 We retain all rights in the Service itself — the platform, tools, brand, and systems that produce Generated Output.
6.1 You are solely responsible for your Customer App and everything done with it. This includes, without limitation:
6.2 The Factory is a tool provider and host. We are not the publisher, author, seller, or operator of your Customer App or your business, and we are not a party to any transaction between you and any End User.
6.3 You will display accurate contact and business information on your Customer App where required by law, and you will not represent The Factory as the operator of your business.
6.4 Your company, your registrations, your taxes. We advise you to register your business or company as required by the law of the United Kingdom or of whichever territory you operate from, and to meet every legal requirement that applies to you — licences, registrations, insurance, and filings alike. You are solely responsible for doing so and for paying any taxes due to the authorities that govern your location or your trade. The Factory is not responsible for registering your business, for your legal compliance, or for paying any tax on your behalf, and nothing in the Service constitutes legal, accounting, or tax advice.
7.1 You must not use the Service to create, host, or promote anything that:
Civilised, scientific discussion of these subjects — including addiction, drug harms, and violence and its prevention — with the sole aim of helping people is welcome. Apps addressing such subjects are screened by our automated systems for offending material, before and after publication, in line with section 8.
7.2 We may refuse, suspend, or remove any build, Customer App, or account that we reasonably believe breaches this section.
7.3 Welfare reserve. Notwithstanding any other provision of these Terms or any published policy, we reserve the right, acting reasonably, to remove, disable, or decline to publish any Customer App or content that we consider harmful to, or inconsistent with, the welfare of our customers, End Users, or the public. Where we exercise this right other than for your breach of these Terms, we will where practicable give you notice and will re-credit any unused paid build credits associated with the removed Customer App. This right operates alongside, and is not limited by, the open governance processes described in our published policies.
7.4 Human rights standard. The Factory and the apps it publishes are intended to respect the rights and freedoms set out in the United Nations Universal Declaration of Human Rights. We will not knowingly publish, and may remove, any Customer App that is directed against those rights.
7.5 Welcome and refusal. The Factory welcomes everyone, including people with disabilities, without prejudice as to who they are. Separately, we may decline or remove any app we judge dangerous, with or without stating our reasons. Where peer-reviewed scientific consensus exists — scrutinised across at least nine distinct intellectual and ideological traditions, as described on our Open Governance page — that evidence is the final word; until such consensus exists, we apply common sense and our own judgement.
7.6 How these guardrails may change. New scientific understanding of health and human welfare — whether rigorous mathematical or philosophical argument published openly for debate and scrutiny, or direct physical evidence — may alter these guardrails over time, per clause 15. In weighing any such change we recognise a special standing: established ways of life whose values have been published and open to scrutiny across centuries carry their own long-run evidence of helping people live well; that accumulated record is itself data of scientific weight, and such traditions are not displaced by novel or untested claims. Traditions or systems whose values are unpublished and closed to scrutiny do not hold that standing. In the language of our craft: ways of life that have been open source for centuries have earned their trust; closed source earns none by age alone.
7.7 Creators are always named. Original thought is potential wealth, and attribution is part of its price. The Factory never presents another's work as its own, and does not permit its customers to do so: work used under an attribution licence must carry its creator's name, and the makers of apps, inventions, and videos published through the Factory are credited as their creators. Certificates issued through our timestamp service carry the maker's name permanently.
8.1 The Service applies limited, largely automated screening intended to catch prohibited categories of content. Screening is a safety measure only. It is not review, approval, verification, or endorsement of any Customer App, and it does not transfer any responsibility from you to us.
8.2 If we receive notice that a Customer App contains unlawful material, we may remove or disable access to the material or the Customer App, suspend the associated account, and preserve records where required by law. We will notify you where lawful and practicable.
8.3 Reports of unlawful content may be sent to Email — pending incorporation.
8.4 Interaction record. Conversations and instructions used to create or change an app (prompts, build chats, change requests) are recorded — content, account identity, and time — and retained as evidence of what was requested and what the Service produced. Other session activity is recorded only if you switch session recording on. Records are private, used for screening, safety, and the defence of legitimate interests, and are not sold or shared for marketing.
8.4 Interaction record — your protection. A written transcript of your interactions with the Service's AI (build prompts, build conversations, change instructions) is always kept: content, account identity, and time. In addition, when you begin building an app we ask your permission to record the screen; agreeing covers that session and future build sessions, and those recordings are kept; recording can be disabled only through your device's browser settings (site permissions for screen capture). Declining skips that session only. Purpose: evidence that the applications you create conform to the law — protection for you and for the Service against false allegations. Records are private, used for screening, safety, and the defence of legitimate interests, and are never sold or shared for marketing.
9.1 Prices for subscriptions, build credits, and other purchases are as shown at checkout and in the Fees Schedule, which displays the current figures at all times. All payments are processed by our payment provider (Stripe); we do not store your card details.
9.2 Subscriptions renew automatically each period until cancelled. You may cancel at any time, effective at the end of the current billing period. Build credits are consumed per build; failed builds are automatically re-credited.
9.3 Platform fees on transactions. Where your Customer App takes bookings, orders, or payments through payment facilities provided via the Service, you authorise us to deduct the platform fee stated in the Fees Schedule at the time of each transaction, at source, before settlement to you. Where any fee cannot be collected at source, you authorise us to charge it to your payment method on file ("continuous payment authority"), with itemised records available in your account.
9.4 Except as required by law, fees are non-refundable once the corresponding service (a build, a billing period, a processed transaction) has been delivered.
9.5 Taxes: prices include or exclude VAT as stated at checkout. You are responsible for taxes arising from your own business.
9.6 Marketplace sales. Where you offer an app for sale through The Factory's marketplace, you set the price and we collect payment on your behalf. The Factory retains a platform commission of 26.5% of each sale, inclusive of payment-processing costs; the remainder — 73.5% — is credited to you and paid out as set out in your account. We may vary the commission for future sales on notice; sales already made keep the rate that applied. All marketplace listings require our approval before publication and must meet the acceptable-use terms in section 8. As between you and the buyer, you remain the seller of your app and section 6 applies to it.
9.7 Trials and access codes. Marketplace apps come with a free trial (currently 4 days) before any payment is taken. A buyer receives a private access code tied to their account: it is personal, must be kept confidential, and may not be shared or resold. When a trial ends without payment, access to premium features ends; paying restores the same code permanently for that app. We may cancel codes obtained or used fraudulently.
9.8 App storage. Customer Apps may store data through the Service's built-in storage. Fair-use limits apply (currently 32KB per record and 5,000 records per app, which we may revise on notice). Unless a Customer App provides its own sign-in, data stored by an app is shared between the people who use that app — makers must not present shared storage as private. Stored data persists until deleted through the app, by the app's owner, or by us acting under sections 7, 8 or 14. Storage must not be used for unlawful content or for personal data beyond what the app reasonably needs.
9.9 Buying an app. A marketplace purchase gives the buyer a personal, non-exclusive right to use that app; ownership of the app remains with its seller. The free trial exists so buyers can judge an app fully before paying. Buyers dealing as consumers keep their statutory rights, and where the law requires a refund we will give one. If we remove an app from the marketplace, purchases made within a reasonable period before removal will be refunded.
9.10 Third-party service usage. Where your app uses paid third-party services through The Factory (for example live map and place searches), that usage is metered per app and billed to the app's owner at our cost plus the stated margin. If your subscription ends while your app keeps using such services, continued use requires your agreement to ongoing usage billing on your payment method; without that agreement we disable the paid integrations and your app falls back to free data sources — the app itself stays live.
9.11 Inventions market. The Marketplace includes a section for creations made outside The Factory — tools, methods, ideas. We list them as presented by the seller and take the stated fee on each completed sale; we do not verify a listing's claims, and buyers must judge for themselves. Timestamp certification is available and recommended, but a certificate proves existence and possession at a time — not that a claim is true or that rights are registered. The acceptable-use rules of section 7 apply to listings exactly as they apply to apps.
9.13 Your app's code, even if we close. When you own a Customer App (built by you, or bought through the Marketplace under a stamped contract of sale), its code is yours. In the eventuality that The Factory ceases operating, you may request your app's complete source code by writing to our support address — support at The Factory, reachable through the support form on this site or by email to the support address published here: isamelb@gmail.com (until our dedicated support domain address is published in its place) — stating the app's name and, for purchased apps, the contract reference (its fingerprint). We will forward the code. This promise survives the end of the service.
9.12 We never hold your invention. The certification service fingerprints your file on your own device: the file itself is never uploaded to us, never stored by us, and cannot be read by us — we receive only the fingerprint (a one-way code that cannot be turned back into the work). Invention listings are adverts written by the seller; we do not receive, review, access or use the underlying invention, and disclosure to a buyer happens directly between seller and buyer on their own terms. Accordingly, the existence of any similar product anywhere is not evidence of disclosure by us — we hold nothing that could be disclosed.
9.10 Selling an app. Sellers warrant that they own or have the right to sell everything their app contains, and that it complies with sections 7 and 8. Sale proceeds, less our commission under clause 9.6, accrue to the seller's account ledger and are paid out as described in the account. We may withhold amounts where refunds, fraud checks or disputes are pending. Selling access to an app does not transfer the seller's ownership of the app itself, and the seller remains responsible to buyers for what the app does, per section 6.
9.11 Custom domain included Feature pending launch. When launched, eligible paid subscriptions will include registration of one custom domain name for your Customer App, included in the subscription price shown at checkout. Domains are registered with third-party registrars under their terms; renewal remains included while your subscription remains active, and the domain's transfer or renewal becomes your own responsibility if your subscription ends. Availability of any particular domain name is never guaranteed. Full feature terms will be published when the facility launches, per clause 3.4.
9.12 Capacity, allocations, and admissions. Each plan is an allocation of Factory capacity — build credits, storage limits and hosting for your apps — described at checkout in plain terms, including as an approximate number of average-sized apps. So that every customer receives the service they paid for, we admit a limited number of new customers in each billing period, set by our measured capacity and grown as capacity grows. When admissions for a period are full, new sign-ups may be offered a waiting list rather than immediate access; joining the waiting list costs nothing and takes nothing from you. Allocations are subject to fair use: usage patterns designed to exhaust shared capacity rather than to build and run genuine apps may be limited under section 14. We never reduce an existing paid allocation mid-term.
10.1 Except as expressly stated in these Terms, the Service and all Generated Output are provided "as is" and "as available". To the maximum extent permitted by law, we exclude all implied warranties, including fitness for a particular purpose and non-infringement, in respect of Generated Output.
10.2 We do not warrant that the Service will be uninterrupted or error-free, that Generated Output will meet your requirements, or that any Customer App will achieve any commercial result.
10.3 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot be excluded under the law of England and Wales. Where you deal as a consumer, your statutory rights are unaffected.
11.1 Subject to clause 10.3, our total aggregate liability to you arising out of or in connection with the Service in any 12-month period shall not exceed the total fees you paid to us in that period (or £100 if greater).
11.2 Subject to clause 10.3, we shall not be liable for: (a) loss of profits, revenue, business, goodwill, or data; (b) indirect or consequential loss; (c) losses arising from your Customer App, your content, your business decisions, or your dealings with End Users; (d) losses arising from third-party services outside our control.
You will indemnify and hold harmless the Operator against all claims, losses, and reasonable costs (including legal fees) brought by any third party arising out of: (a) your Customer App or its content; (b) your business and your dealings with End Users; (c) your breach of these Terms or of applicable law. This clause does not apply to the extent a claim arises from our own breach of these Terms.
The Service relies on third-party providers (including code hosting, deployment, payment processing, and artificial-intelligence services). Their availability is outside our control, and their own terms may apply to elements of the Service. We will exercise reasonable care in selecting and integrating such providers. The identity of our suppliers is confidential commercial information, which we disclose only where the law requires.
14.1 You may close your account at any time. Your Customer Apps may be exported or deleted per the options in your account.
14.2 We may suspend or terminate your account immediately for material breach of these Terms, for unlawful activity, or where required by law; and otherwise only as clause 14.3 permits.
14.3 The brand-builder's assurance. We recognise that you may invest substantial work, goodwill, and marketing value in your Customer App. Accordingly, so long as your account and your Customer App comply with these Terms, we will not terminate them or take your Customer App down — and changes you make that align with these Terms will never, of themselves, put your Customer App at risk. The only exceptions are: (a) your material breach or unlawful activity under clause 14.2; (b) action under sections 7 and 8 (acceptable use, welfare reserve, and takedown); (c) where the law requires us to act; or (d) discontinuation of the Service or of a feature under clause 3.3, in which case we will give at least 30 days' notice where reasonably practicable and provide you the means to export your Customer Apps and data. We will never terminate a compliant Customer App selectively.
14.4 On termination, clauses intended to survive (including 5, 6, 9 accrued fees, 10, 11, 12, 16) survive.
We may update these Terms. Material changes will be notified through the Service or by email at least 14 days before taking effect. Continued use after the effective date constitutes acceptance.
16.1 These Terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction (consumers may have additional rights in their local courts).
16.2 If any provision is found unenforceable, the remainder stands. Failure to enforce is not waiver. You may not assign these Terms without our consent; we may assign to a successor of the business.
16.3 These Terms, the Fees Schedule, and the Privacy Policy form the entire agreement between us concerning the Service.