Terms of service

These terms are an agreement between you and BornTall, LLC, a Pennsylvania company ("we", "us"), for your use of TheDesignAgent: the website at thedesignagent.ai, the hosted MCP server, the @thedesignagent/mcp npm package, the thedesignagent CLI and the TheDesignAgent plugins (together, "the service"). By creating an account, using an API key or buying credits, you agree to them. If you use the service for a company, you agree on its behalf and confirm you're allowed to.

Our privacy policy explains how we handle data and is part of these terms.

1. The service

TheDesignAgent is a design agent that works inside AI coding agents. It gives your agent a brief before it builds a screen and reviews the result for UX and visual quality, using a model of your project that it builds up over time. We may add, change or remove features, and some features are marked as previews or betas, which may be less reliable.

You must be at least 18, or the age of majority where you live, to use the service.

2. Accounts and API keys

• Keep your API keys secret. Anyone, or any agent, holding your key can use your credits.
• You're responsible for all use of the service under your account and keys, including calls your coding agents make on their own.
• Revoke a key in the dashboard as soon as you think it has leaked. Tell us at thedesignagent@borntall.com if you notice unauthorized use.
• Agents that buy credits over the Machine Payments Protocol receive an API key. Whoever controls that agent is bound by these terms.

3. Credits, payments and refunds

• Pricing. Each call to Discover, Ux or Visual costs the number of credits shown on our site at the time of the call. Calls that fail on our side are free; calls that return a degraded result cost half.
• Free credits. Signed-in accounts get a free monthly allowance shown on our site. Unused free credits don't carry over to the next month.
• Credit packs are one-time purchases, not subscriptions. Purchased credits expire 12 months after purchase, and the oldest credits are used first.
• Auto-recharge is optional. When it's on, you authorize us to charge your saved card for the pack you chose whenever your balance drops below your threshold, up to the monthly limit you set. You can turn it off at any time in the dashboard.
• Prices are in US dollars and may change, but a change never affects credits you've already bought. You're responsible for any taxes that apply.
• Refunds. Purchases are non-refundable except where the law requires otherwise, or where we decide to refund at our discretion. If a payment is refunded or disputed, we remove the matching share of the credits it bought; if a dispute is resolved in your favor, we restore them.
• Credits have no cash value and can't be transferred or resold.

Payments are processed by Stripe and are also subject to Stripe's terms.

4. Your content

"Your content" is what you or your agents send to the service: task descriptions, code, project models, URLs and screenshots.

• You keep ownership of your content.
• You give us permission to host, copy, process and transmit it, including to our AI and infrastructure providers, only as needed to run, secure and improve the service for you. We don't use it to train AI models.
• You confirm you have the right to send it, and that sending it to us doesn't break any law or agreement. Don't send secrets, credentials or personal data that a design review doesn't need.
• Only point Visual at pages you're allowed to access. Only use a preview-protection bypass token or saved login session that belongs to you or your organization.

5. Results

Briefs, scores, findings and suggested fixes are generated by AI and may be wrong, incomplete or unsuitable for your product. They're design guidance, not a guarantee of usability, accessibility or legal compliance. Review them before you ship. As between you and us, you own the results we return to you and can use them freely in your own products, subject to the limits in section 6 on using them to build a competing product, model or dataset.

6. Acceptable use

Don't:

• break the law or infringe anyone's rights through the service;
• try to get around authentication, rate limits or credit charges, or access other customers' data;
• overload, attack or probe the service, or use it to reach networks or pages you aren't authorized to access;
• reverse engineer the hosted service or scrape its guidance to build a competing product or dataset;
• use the service's results, or calls made in bulk or by automated means, to train, fine-tune, distill or evaluate an AI model or product that competes with the service;
• try to extract our prompts, instructions, design knowledge base, scoring methods or other non-public parts of the hosted service, for example through prompt injection or crafted inputs;
• resell or sublicense access to the hosted service without our written permission.

The hosted service, including its prompts, design knowledge base, scoring methods and the software that runs it, belongs to BornTall, LLC and its licensors and is protected by intellectual property laws. Apart from your content, your results and the open-source code described in section 7, these terms don't give you any rights in it.

We may rate-limit, suspend or block use that breaks these rules or puts the service or other customers at risk.

7. Open-source components

The npm package, CLI and plugins are distributed under their own licenses (for example MIT), which govern your use of that code. These terms govern your use of the hosted service and your account.

8. Third-party services

The service works with coding agents, editors, hosting providers and payment networks run by others. Their terms govern your use of them, and we aren't responsible for them.

9. Ending the agreement

You can stop using the service and ask us to delete your account at any time. We may suspend or end your access if you break these terms, if you don't pay, or if we stop offering the service. If we end the service for reasons other than your breach, we'll refund unused, unexpired purchased credits. Sections 4 to 6 and 10 to 13 survive the end of the agreement.

10. Disclaimers

The service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and that the service will be uninterrupted, secure or error-free.

11. Limitation of liability

To the fullest extent the law allows:

• we aren't liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill;
• our total liability for any claim about the service is limited to the greater of the amount you paid us in the 12 months before the claim arose and US $100.

Some places don't allow these limits, so they may not fully apply to you.

12. Indemnity

You'll defend and indemnify BornTall, LLC against third-party claims arising from your content, your use of the service in breach of these terms, or your violation of law or someone else's rights.

13. Governing law

These terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-law rules. Any dispute will be resolved in the state or federal courts located in Pennsylvania, and both parties consent to their jurisdiction.

14. Changes and general terms

We may update these terms. We'll post the new version here with a new effective date, and tell signed-in users about significant changes by email or in the dashboard. Continuing to use the service after a change means you accept it.

If any part of these terms is unenforceable, the rest still applies. Not enforcing a term isn't a waiver. You may not assign these terms without our consent; we may assign them as part of a merger or sale of the business. These terms and the privacy policy are the whole agreement between us about the service.

Contact

BornTall, LLC · Pennsylvania, USA · thedesignagent@borntall.com