Terms of Service

Effective Date: March 10, 2025 | Last Updated: March 10, 2025

Welcome to Topcoder. These Terms of Service (“Terms,” “Agreement”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Topcoder (“Company,” “we,” “us,” or “our”), governing your access to and use of the Topcoder macOS desktop application, the website located at topcoder.app, and all related services (collectively, the “Service”).

PLEASE READ THESE TERMS CAREFULLY. By downloading, installing, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Service and must immediately uninstall the application.

1.Acceptance of Terms

By creating an account, downloading or installing the Topcoder application, purchasing credits, or otherwise accessing or using the Service, you represent and warrant that you: (a) have read and understood these Terms; (b) agree to be bound by these Terms and all applicable laws; (c) are legally competent to enter into a binding contract; and (d) are not barred from receiving the Service under any applicable jurisdiction.

2.Eligibility

The Service is intended solely for users who are at least eighteen (18) years of age. By using the Service, you represent and warrant that you are at least 18 years old.

3.Description of the Service

Topcoder is a macOS desktop application that provides real-time AI-powered assistance including audio transcription, screen capture and analysis, AI-generated solutions, and window cloaking.

The Service is designed as a productivity and preparation tool. The Company does not endorse, encourage, or promote the use of the Service in violation of any organization's policies. Users are solely responsible for determining whether their use is permissible.

4.Account Registration & Security

You must create an account to access certain features. You agree to provide accurate information, maintain credential security, and accept responsibility for all activities under your account. You may not share, transfer, or sell your account.

5.User Responsibilities & Assumption of Risk

IMPORTANT NOTICE: BY USING THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE SERVICE, INCLUDING ANY CONSEQUENCES ARISING FROM USE DURING INTERVIEWS, EXAMINATIONS, OR ASSESSMENTS.

You are solely responsible for: compliance with all applicable laws, adherence to organizational policies, obtaining necessary consents, and accepting all consequences of use including potential rejection from hiring processes, termination, academic action, or legal prosecution.

The Company is not responsible for, and shall have no liability with respect to, any adverse consequences arising from your use of the Service.

6.Prohibited Conduct

You agree not to: reverse engineer the application, redistribute it, circumvent security measures, use it for any illegal purpose, create multiple accounts to abuse limits, or interfere with the Service's operation.

7.Pricing, Credits & Payment Terms

All payments are processed through Stripe. Prices are in USD and may be subject to change with notice.

8.Refund Policy

All sales are final. No refunds are provided except in cases of exceptional technical failures that prevent use of purchased credits, as determined by the Company in its sole discretion.

9.Bring Your Own Key (BYOK) Disclaimer

In BYOK mode, you are solely responsible for your OpenAI API key and any associated costs. Your key is stored locally in your macOS Keychain and is never transmitted to our servers.

10.Intellectual Property

All intellectual property rights in the Service remain with the Company. You are granted a limited, non-exclusive, non-transferable license to use the Service.

11.Data Collection, Privacy & Usage

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the collection and use of information as described therein.

12.Third-Party Services

The Service integrates with third-party services including OpenAI, Deepgram, Stripe, and Firebase. Your use of these services is subject to their respective terms and privacy policies.

13.Disclaimers & No Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. AI-GENERATED CONTENT MAY CONTAIN ERRORS OR INACCURACIES.

14.Limitation of Liability

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

15.Indemnification

You agree to indemnify and hold harmless the Company from any claims, damages, losses, or expenses arising from your use of the Service or violation of these Terms.

16.Termination & Suspension

We may terminate or suspend your account at any time for violation of these Terms or for any other reason at our sole discretion. Upon termination, your right to use the Service ceases immediately.

17.Dispute Resolution & Arbitration

Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with applicable rules. You agree to resolve disputes on an individual basis.

18.Class Action Waiver

YOU AGREE THAT ANY CLAIMS SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

19.Governing Law & Jurisdiction

These Terms shall be governed by the laws of the United States. Any legal action shall be brought in the courts located within the applicable jurisdiction.

20.Export Controls & Sanctions

You agree to comply with all applicable export control laws and sanctions regulations.

21.Force Majeure

The Company shall not be liable for any failure or delay resulting from circumstances beyond our reasonable control.

22.Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated with at least 14 days notice. Continued use of the Service constitutes acceptance of modified Terms.

23.Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

24.Entire Agreement & Waiver

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company. No waiver of any provision shall be deemed a further or continuing waiver.

25.Contact Information

Topcoder

Email: support@topcoder.app

Website: topcoder.app

These Terms of Service were last updated on March 10, 2025.

© 2025 Topcoder. All rights reserved.