BendAI Terms of Service
Version 1.11
These BendAI Terms of Service (the "Terms") are an agreement between Higher Order Computing Company, a Delaware corporation, with offices at 8 The Green, Ste B, Dover, DE 19901 ("HOC", "we", "us") and you, or the organization, company, or other entity that you represent ("Customer", "you"). They govern your use of BendAI, HOC's proof-writing service, the HOC API and API keys, the BendAI command-line tool, the BendAI website and account pages, BendHub, prepaid credits, and all related tools, documentation, and services (together, the "Services"). These Terms take effect on the earlier of the date you first accept them electronically and the date you first use the Services (the "Effective Date").
By accepting these Terms or using the Services you confirm that you have read them, that you are at least 18 years old, and that, if you are acting for an entity, you have the authority to bind it. The Services are offered to consumers and to businesses alike. If you are a consumer, nothing in these Terms limits the rights the law where you live gives you. Bend, the programming language, is open source and is not governed by these Terms.
BendAI takes Bend source files that you submit ("Inputs"), in which you have stated laws or other propositions whose proofs are missing, and returns files in which those proofs have been written by artificial-intelligence models orchestrated by HOC and checked by the Bend type checker ("Outputs"). The Services may also include model-assisted code completion, acceleration, optimization, and other features that HOC describes in its documentation from time to time. Inputs and Outputs together are "Customer Content".
Subject to these Terms, HOC grants you a non-exclusive, non-transferable right to access and use the Services during the Term, including through the API and the command-line tool, and to use Outputs in your own products and services, including products you make available to your own users ("Users").
To provide the Services, HOC sends Inputs to third-party model providers that HOC has engaged as subprocessors. Those providers process Customer Content only to return responses to HOC under agreements that prohibit them from training on it. Features, services, or content made available by other third parties through the Services ("Third-Party Features") are not Services, and HOC is not responsible for them.
HOC may change the Services from time to time. If a change materially reduces the core functionality of the Services, HOC will notify you by email or by a notice posted on this website, and you may close your account and receive the refund described in Section 5.9 for unused credits. This right does not apply to features offered as beta, preview, or experimental.
Features identified as alpha, beta, preview, or experimental may be changed or withdrawn at any time, may be less reliable than the rest of the Services, and are provided without any warranty or liability on HOC's part beyond what applicable law does not allow to be excluded.
If you give HOC feedback about the Services, HOC may use it without restriction or obligation to you.
As between you and HOC, and to the extent permitted by law, you retain all rights to your Inputs and you own your Outputs. HOC assigns to you any right, title, and interest it may have in Outputs. HOC's rights in Customer Content are limited to what is needed to provide the Services, comply with law, enforce these Terms, and prevent abuse.
HOC does not use Customer Content to train or improve its models or products unless you have enabled the data sharing program described in Section 8 and the BendAI Data Sharing Terms. HOC may run Customer Content through automated safety and abuse classifiers; the classifications are metadata about the content, not the content itself.
You are responsible for your Inputs and represent that you have all rights, licenses, and permissions needed to submit them to the Services and to have them processed as described in these Terms and the Privacy Policy, including any notices or consents required for personal data they may contain. You must not submit protected health information, payment card data, government identifiers, or other sensitive categories of personal data unless HOC has agreed to that in writing.
Outputs are generated by artificial intelligence and then checked by the Bend type checker. A proof accepted by the checker establishes the stated law relative to the definitions and axioms in your files and to the correctness of the checker itself. HOC does not warrant that the checker is free of defects, that a law you stated means what you intended, or that Outputs are fit for a particular purpose. You are responsible for evaluating Outputs before relying on them, for deciding where human review is appropriate, and for informing your Users that Outputs may be incomplete or incorrect. Because of the nature of the Services, Outputs may not be unique, and other customers may receive similar Outputs.
You may not use the Services or Outputs to build a product or service that competes with the Services, including to train, fine-tune, or evaluate artificial-intelligence models intended to replace BendAI, except that you may use Outputs in your own Bend programs and libraries, including ones you distribute or sell, without restriction.
Sign-in is through GitHub only. You are responsible for all activity under your account and API keys, including activity by your Users. Keep your keys confidential, do not share, sell, or transfer them, and tell HOC promptly if you believe your account or a key has been compromised.
You may create API keys on the keys page or through the command-line login flow. Every key expires on the date you choose when you create it. You may revoke a key at any time; requests made with a revoked or expired key fail from the next call. Each key has a data-sharing mode (private or shared) that determines how Customer Content sent with that key is handled; see Section 8.
The BendAI command-line tool may obtain an API key by asking you to authorize it in your browser. Only authorize a login that you started yourself. The key it receives is an ordinary API key, listed and revocable on the keys page.
Each party will comply with the laws that apply to it, including data protection, export control, and sanctions laws. Because HOC provides the Services through third-party model providers, your use of the Services is also subject to those providers' published usage policies currently the Anthropic Usage Policy and the OpenAI Usage Policies, as HOC identifies them in its documentation from time to time. HOC may suspend or restrict use that it reasonably believes violates them.
You may not, and may not allow anyone else to: (a) use the Services in a way that violates applicable law or the rights of others; (b) submit Inputs you have no right to submit; (c) reverse engineer, decompile, extract, or attempt to discover the models, prompts, orchestration, or other components of the Services, or perform model extraction attacks against them; (d) interfere with the Services, circumvent rate limits, usage limits, safety measures, or purchase limits, or use automated means to purchase or move credits; (e) buy, sell, rent, or share API keys or account access with third parties, or resell the Services, except as HOC has expressly approved in writing; (f) use the Services in or for the benefit of anyone in a country or on a list described in Section 16.6; or (g) help anyone else do any of the above.
HOC may set and change rate limits, concurrency limits, per-run limits, and purchase limits, and may require you to verify your identity, your use of the Services, or the source of funds used to buy credits. You will cooperate with reasonable requests for that information.
The Services are paid for with credits. One credit represents one United States dollar of Services at HOC's published rates. Credits are a prepayment for Services. They are not legal tender or currency; they are not a deposit, a bank account, a digital wallet, a stored-value account, or a payment instrument; they have no cash value and are not redeemable, refundable, or exchangeable for money except as stated in Section 5.9 or as required by law; and they do not confer any property right. Credits are an unsecured obligation of HOC. Your balance can be seen on your account page, and you are responsible for checking that purchases and charges are recorded correctly and for telling HOC promptly if they are not. HOC may, at its discretion, allow credits to be spent on other HOC products; such use is governed by these Terms and by the rates published for that product or, for a product sold by auction, such as the short names of Section 19, by the price the auction sets. Nothing in these Terms commits HOC to offer any product other than BendAI.
Credits can be bought by card through HOC's payment processor, Stripe, and, for larger amounts, by bank transfer against an invoice. Every purchase of credits, by any payment method, carries a platform fee on top of the credit amount: 10% of the price, at least $0.80, shown before you pay. The fee buys no credits, and it is returned only when the whole purchase is returned. Card purchases are subject to a minimum, a maximum per purchase, and a daily maximum per account and per card, as shown on the purchase page; HOC may change these limits and may decline any purchase or payment method, including prepaid cards. Only cards issued in the countries shown on the purchase page, currently the United States, may be used to buy credits. When you pay by card, HOC's payment processor may first place a hold on the card for the amount; HOC takes the payment only once it has confirmed the card is accepted, and releases the hold without charging a card that is not. Bank transfers must be sent from an account in the name of the Customer or a person authorized by the Customer, and credits from a bank transfer become available after HOC's payment processor has confirmed the funds, which may take several business days. Any amount received above the invoiced amount will, at HOC's option, be added as credits or returned to the sending account. HOC may offer credits at a discount from face value for a limited period (for example, a founder price). The discount applies to the price paid; the credits received are ordinary purchased credits, and any refund of them under Section 5.9 is of the price paid for the unused credits, pro rata.
If you save a card, you authorize HOC to charge it when you request a purchase and, if you enable automatic top-up, whenever your balance falls below the threshold you set, for the amount needed to reach the target you set, within the purchase limits. You may change or disable these settings at any time on your account page. Automatic top-up stops if a charge is declined or if your bank requires authentication until you confirm the card again.
Credits belong to the account that bought them and may be used only through that account. Transfers, sales, gifts, and trades of credits are prohibited and not recognized. Evidence of an attempt to transfer credits may lead to cancellation of the credits and suspension or termination of the account without refund, to the extent permitted by law.
Credits do not expire. Credits are used oldest first.
Each run of the Services is charged in credits according to the rates published on the pricing page at the time of the run, which may vary by model, feature, and difficulty, and by any benefit offered under the BendAI Data Sharing Terms. Rates may change on fourteen (14) days' notice posted on the pricing page or sent to your account email; HOC may correct pricing errors at any time. Each charge is recorded in your account activity with the key used, the units consumed, and the rate applied. HOC's records of usage are the basis for charges; HOC will investigate any charge you dispute in good faith within thirty (30) days of the charge.
A run is charged for the work performed whether or not every proof in your file was completed. A run that HOC stops because it reached the limits described in Section 4.3, or that stops because your balance was exhausted, is charged for the work performed up to that point, and partial Outputs are returned where available.
Before each run the Services check your balance, and the Services stop a run when its accumulated cost reaches your balance. Credits held by a leading bid on a BendHub name (Section 19.3) remain part of your balance but are not available for runs while they are held. Because the cost of the last step of a run is known only after it completes, a run may end with a total cost slightly above your balance. In that case the charge is applied in full, your balance goes to zero, and the shortfall becomes an amount you owe HOC ("Debt"). HOC will not let a single run take your balance below zero by more than a small fixed amount published on the pricing page. While Debt is outstanding your account cannot use the Services, and your next purchase of credits is applied to the Debt before any credits are added.
Wherever you live, you may withdraw from a card purchase of credits within fourteen (14) days after it, with the withdraw control of a product that offers one (such as UniiChat) or by writing to contact@higherorderco.com. HOC then refunds the credits from that purchase you have not used, at the price you paid for them, to the card that paid, and the whole payment, fee included, if you used none of them. By using credits you ask HOC to begin the Services at once, and you lose the right to withdraw for the credits already used.
Apart from withdrawal, credits are not refundable except: (a) where required by law, including cash redemption of small balances where a state law requires it; (b) where HOC terminates these Terms for convenience or materially reduces the Services under Section 1.4; (c) where HOC declines or reverses a purchase under these Terms; (d) when your account is closed, by you or by HOC; and (e) at HOC's discretion. In cases (b) and (d) HOC refunds your unused purchased credits to the original payment method where its payment processor allows it, and otherwise by a method HOC can support. Credits cancelled under Section 5.4 and credits obtained through a promotion rather than a purchase are never refundable. Nothing in this Section limits a right of withdrawal or refund that the law where you live gives you.
If you dispute a card charge with your bank, or a bank transfer is reversed, the credits from that payment stop being usable, any value already consumed from them becomes Debt, and your account is frozen until the dispute is resolved or the Debt is settled. If the dispute is decided against HOC, HOC may limit the account to bank transfer payments. Legitimate credits from other purchases are never forfeited. HOC may submit records of your account, purchases, and usage to its payment processor and your bank in a dispute.
Credits and rates are stated exclusive of taxes. You are responsible for any sales, use, value-added, withholding, and similar taxes that apply to your purchases or use, other than taxes on HOC's income. Where HOC is required to collect a tax, it will add it to the charge. If you are required to withhold, you will increase the payment so that HOC receives the amount it would have received without withholding, and the parties will cooperate to apply any treaty relief.
HOC may grant credits free of charge for promotions, evaluations, or as a courtesy. Promotional credits may carry their own expiry and conditions, are never refundable or redeemable, may be withdrawn at any time, and are used after purchased credits.
Each party may receive information from the other that is marked confidential or that a reasonable person would understand to be confidential ("Confidential Information"). Customer Content is your Confidential Information. HOC's non-public pricing, model, prompt, orchestration, and security information is HOC's Confidential Information.
The receiving party will use the other party's Confidential Information only to exercise its rights and perform its obligations under these Terms, will protect it with at least reasonable care, and will disclose it only to its employees, contractors, and advisors who need to know it and are bound by confidentiality obligations at least as protective as these. The receiving party remains responsible for those persons.
Confidential Information does not include information that becomes public through no fault of the receiving party, that the receiving party already had or receives from a third party without breach of an obligation, or that it develops independently. A party may disclose Confidential Information when required by law or court order, after giving the other party prompt notice where allowed and cooperating with efforts to limit the disclosure.
HOC's handling of personal data about you and your Users, such as account, billing, and usage records, is described in the Higher Order Computing Company Privacy Policy, which is part of these Terms.
Where Customer Content contains personal data that you control, HOC processes it on your behalf and on your instructions as a processor or service provider, only to provide the Services, comply with law, enforce these Terms, and prevent abuse. HOC will engage subprocessors only under written terms that protect the data at least as well as these Terms, will keep a current list of subprocessors available and will notify you of additions, will assist you with data subject requests and impact assessments to the extent reasonable, will notify you without undue delay of a personal data breach affecting Customer Content, will transfer personal data out of the European Economic Area, the United Kingdom, Switzerland, and Brazil only under standard contractual clauses or another lawful mechanism, will provide information reasonably needed to demonstrate compliance with this Section and allow audits, no more than once a year and at your cost, under a confidentiality agreement, and will delete or return Customer Content at the end of the Term unless law requires retention. This Section is the data processing agreement between the parties.
HOC maintains administrative, technical, and physical safeguards designed to protect Customer Content and account data against unauthorized access, disclosure, alteration, and loss, including encryption in transit, encryption of backups, hashed credentials and API keys, access controls, and audit logging. HOC does not store full card numbers or bank account numbers; its payment processor does.
In private mode, HOC retains Inputs and Outputs only as long as needed to run the job and return the result, plus 30 days in transient logs used for debugging and abuse prevention, after which they are deleted unless HOC is legally required to keep them. In shared mode, retention is as described in the BendAI Data Sharing Terms.
The data sharing program is optional and off by default. If you enable it for your account and set an API key to shared mode, HOC may retain the Inputs and Outputs sent with that key and use them to improve HOC's models and products, and may receive any benefit HOC offers for the program from time to time, all as described in the BendAI Data Sharing Terms, which you accept separately and which form part of these Terms while the program is enabled. You may withdraw at any time with effect for the future.
Except for the rights expressly granted in these Terms, neither party grants the other any right to its content, software, models, marks, or other intellectual property, by implication or otherwise. HOC and its licensors own the Services and all improvements to them. You grant HOC only the limited rights in Customer Content that are needed to provide the Services, and that permission extends to HOC's subprocessors.
Neither party will use the other's name or logo, or make a public statement about the relationship, without the other's prior written permission in each instance.
These Terms begin on the Effective Date and continue until terminated.
You may stop using the Services and close your account at any time from your account page, once any outstanding Debt or open payment dispute is resolved. Your unused purchased credits are then refunded under Section 5.9.
HOC may terminate these Terms for convenience on thirty (30) days' notice to your account email or in your account section on the website, in which case unused credits are refunded under Section 5.9(b). HOC may terminate immediately on notice if you materially breach these Terms and do not cure the breach within thirty (30) days of notice describing it, if you breach Section 4 or Section 5.4, if HOC reasonably believes providing the Services to you is prohibited by law, or if you become insolvent or cease business.
HOC may suspend all or part of your access, with notice where reasonably possible, if it reasonably believes that there is a security risk or attack involving your account, that you or your Users are violating Section 4, that continuing the Services would violate law or expose HOC or a third party to harm, that a payment has been disputed or reversed, or that Debt is outstanding. HOC will restore access as soon as reasonably possible after the cause is cured. HOC is not liable for losses resulting from a suspension made in accordance with this Section.
On termination your right to use the Services ends and your API keys are revoked. HOC will delete Customer Content within thirty (30) days except where retention is required by law or these Terms, and will anonymize your account while keeping the financial, consent, and usage records required by law for the retention period stated in the Privacy Policy. Sections 2 (as to Outputs already delivered), 5 (as to amounts owed and refunds due), 6, 9, 11.5, 12, 13, 14, and 15 survive termination.
Each party warrants that it is authorized to enter into these Terms and that doing so does not violate any other agreement it is bound by. You further warrant that you have all rights and permissions needed to submit Inputs to the Services.
HOC warrants that, when used in accordance with these Terms, the Services will perform materially as described in HOC's documentation. Your sole remedy for breach of this warranty is for HOC to correct the failure or, if it cannot, to refund the credits charged for the affected runs.
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, AND HOC DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. HOC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT EVERY LAW YOU STATE CAN OR WILL BE PROVEN, THAT OUTPUTS WILL MEET YOUR REQUIREMENTS, OR THAT THE BEND TYPE CHECKER IS FREE OF DEFECTS. HOC IS NOT RESPONSIBLE FOR THIRD-PARTY FEATURES OR FOR YOUR USE OF OUTPUTS.
HOC will defend you against any third-party claim alleging that your authorized use of the Services infringes that third party's intellectual property rights, and will pay damages finally awarded or agreed in a settlement HOC approves. This does not apply to claims arising from your Inputs, from modifications you make, from combining the Services or Outputs with things HOC did not provide, from use you know or should know infringes, from the practice of a patented invention contained in an Output, or from use of an Output in trade as a trademark. If the Services are or may become subject to such a claim, HOC may procure the right for you to continue, modify the Services so they do not infringe, or terminate the affected Services and refund unused credits.
If you use the Services for a business, you will defend HOC, its affiliates, and its personnel against any third-party claim arising from your Inputs, from your or your Users' use of the Services in violation of these Terms, or from your products and services that incorporate Outputs, and will pay damages finally awarded or agreed in a settlement you approve.
The indemnified party must notify the indemnifying party promptly of the claim, give it control of the defense and settlement, and cooperate reasonably at the indemnifying party's expense. The indemnified party may participate with its own counsel at its own cost and may refuse a settlement that requires it to admit fault or take on ongoing obligations. Delay in notice excuses the indemnifying party only to the extent it is prejudiced. Indemnification is each party's sole remedy under these Terms for third-party intellectual property claims.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY, NOR ITS AFFILIATES OR LICENSORS, WILL BE LIABLE UNDER THESE TERMS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, OR THE COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID HOC FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
The limits in this Section do not apply to a party's indemnification obligations, to a party's breach of Section 6, to your payment obligations, to your breach of Section 4.2, or to a party's gross negligence, willful misconduct, or fraud, and they do not limit liability that cannot be limited by law, including liability for death or personal injury caused by negligence and your rights as a consumer under the law of the country where you live.
These limits apply regardless of the theory of liability and even if a remedy fails of its essential purpose. The parties entered into these Terms in reliance on them.
Before starting a formal proceeding, the party raising a dispute will notify the other in writing and the parties will try in good faith to resolve it. If they have not done so within forty-five (45) days of the notice, either party may proceed under Section 15.2.
Any dispute not resolved through the informal process in Section 15.1 will be resolved by binding arbitration before a single arbitrator administered by the American Arbitration Association under its Consumer Arbitration Rules if you are a consumer, held online or in the county where you live, and otherwise under its Commercial Arbitration Rules, seated in Wilmington, Delaware, and conducted in English; judgment on the award may be entered in any court of competent jurisdiction. The parties waive any right to a jury trial and to bring or participate in any class, collective, or representative proceeding, and agree that disputes may be brought only in an individual capacity. Nothing in this Section prevents either party from seeking injunctive or other equitable relief to stop unauthorized use of the Services or infringement of intellectual property, or from bringing an individual claim in small claims court. You may opt out of this Section within thirty (30) days of first accepting these Terms by emailing contact@higherorderco.com from your account's address with "arbitration opt-out". If you are a consumer outside the United States, this Section does not apply to you, and you may bring a claim in the courts where you live.
These Terms are governed by the laws of Delaware, excluding its conflict-of-laws rules. Any proceeding not subject to arbitration will be brought exclusively in the state or federal courts located in New Castle County, Delaware, and each party submits to their jurisdiction.
Notices must be in writing. HOC may give you notice by email to the address on your account, through the Services, or by posting on its website. You may give HOC notice by email to contact@higherorderco.com. Notices are effective when received, except notices HOC sends to your account email, which are effective when sent.
HOC may update these Terms. Changes take effect thirty (30) days after HOC posts them or notifies you, except that changes needed to comply with law take effect when posted or notified. Changes do not apply to disputes that arose before them. Continued use after the effective date, or acceptance of the new version when you next make a purchase, is acceptance. If you do not agree to a change, stop using the Services and close your account; Section 5.9 applies to unused credits.
Neither party may assign these Terms without the other's written consent, except that either party may assign them to an affiliate or to a successor to all or substantially all of its business or assets on notice to the other. Any other attempted assignment is void.
If a provision is found unenforceable, it will be modified to the minimum extent needed to make it enforceable, and the rest of these Terms remain in effect. Failure to enforce a provision is not a waiver. Nothing in these Terms waives or limits any right or protection that Applicable Law does not permit to be waived or limited, including the rights of any User who qualifies as a consumer under mandatory law, and such rights prevail over any conflicting provision to the extent required.
The parties are independent contractors. These Terms do not create a partnership, joint venture, or agency, and there are no third-party beneficiaries.
You may not use, export, or provide access to the Services in or to any country or region subject to comprehensive United States sanctions, or to any person on a United States or other applicable restricted-party list. HOC does not currently serve customers in Russia and Belarus because its providers do not support them. You represent that you and your Users are not located in, and will not use the Services for the benefit of, any such country, region, or person, and that your Inputs do not include material that requires a government license for export.
Except for payment obligations, neither party is liable for delay or failure caused by events beyond its reasonable control, including acts of government, natural disasters, labor disputes, internet or utility failures, and failures of third-party model providers.
These Terms, together with the Higher Order Computing Company Privacy Policy, the BendAI Data Sharing Terms (when enabled), the pricing page, and any written order or invoice HOC issues to you, are the entire agreement between the parties about the Services and supersede all prior agreements and understandings. Terms in any purchase order you send are void. If these documents conflict, a written order signed by both parties controls, then these Terms, then the other documents.
If you are a United States government entity, the Services are commercial computer software and commercial services as those terms are used in the Federal Acquisition Regulation and its supplements, provided with only the rights granted to all other customers.
Higher Order Computing Company, 8 The Green, Ste B, Dover, DE 19901. contact@higherorderco.com.
HOC respects intellectual-property rights and responds to notices of alleged copyright infringement concerning Customer Content or other material on the Services.
If you believe material on the Services infringes your copyright, send a written notice to HOC's designated agent (below) that includes: your physical or electronic signature; identification of the copyrighted work; identification of the material claimed to infringe and information reasonably sufficient to locate it; your contact information; a statement that you have a good-faith belief the use is not authorized; and a statement, under penalty of perjury, that the information is accurate and that you are authorized to act for the owner. HOC will remove or disable access to the material as provided by the Digital Millennium Copyright Act (17 U.S.C. § 512) and may notify the affected User, who may submit a counter-notice.
HOC will, in appropriate circumstances, suspend or terminate the accounts of Users who are repeat infringers.
Copyright Agent; Higher Order Computing Company, 8 The Green, Ste B, Dover, DE 19901; dmca@higherorderco.com. HOC's designated agent is registered with the U.S. Copyright Office under registration number DMCA-1080821.
BendHub, at hub.bend-lang.com, is HOC's public hub for Bend packages. What you publish there, meaning packages, the versions you link to them under a name, posts about them, and comments on those posts, is "Hub Content". Names themselves are not Hub Content; Section 19 governs them. Hub Content is not Customer Content: you publish it to make it public, and anyone, with or without an account, can read and download it.
Published packages stay on BendHub, since other packages and programs depend on each one by the cryptographic hash of its files, and anyone may download and use them under their license: the one in the package's LICENSE file, or MIT-0 if it has none, as Section 18.4 describes. A license, once granted, cannot be withdrawn from those who received the package. HOC may take down Hub Content under Section 17, for a breach of Section 4, or where the law requires it, and may take down a name under Section 19.6. Your GitHub username, shown with your Hub Content, is personal data, handled as the Privacy Policy describes. Do not publish secrets or personal data.
You keep ownership of your Hub Content. You grant HOC a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to host, store, copy, display, and distribute your Hub Content through BendHub, its backups, and the Bend tools, and to process it as BendHub needs, such as reading its files to index them, to list what a package imports, and to identify its license. This license survives the end of these Terms and the closing of your account.
Anyone may view and download Hub Content through BendHub and the Bend tools. A package's license is the one it carries in a file named LICENSE. A package published without a LICENSE file is licensed by its publisher to everyone under the MIT No Attribution License (SPDX identifier MIT-0), the default license, whose text is below; this applies to every such package, including those published before this Section took effect. A package's license cannot change after it is published, since the LICENSE file, or its absence, is part of the files its hash names. BendHub shows the license a LICENSE file names, or the default license, but HOC does not verify it and is not a party to it.
The default license, MIT-0: Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
By publishing Hub Content you represent that you have every right needed to publish it and to grant the licenses in this Section, including the default license when a package carries no LICENSE file, and in its LICENSE file, and that it does not infringe anyone's rights. Code you may only redistribute under another license, such as the GPL, must be published with that license in its LICENSE file. Material that others own, such as game data, artwork, fonts, or code under terms that forbid redistribution, may be published only if its owner's license allows it. Section 13.2 applies to third-party claims arising from your Hub Content as it does to claims arising from your Inputs.
A name on BendHub is a license from HOC to use that name as the identifier of your packages on BendHub, under these Terms. HOC owns the namespace. A name, whether registered for free or won at auction, is not property: it confers no ownership of the name or of any mark it contains, and it is licensed to the account that holds it and to no one else. A name does not expire for inactivity or non-payment; it ends only as this Section describes.
Names of 12 characters or more are registered for free, first come, first served. Shorter names are sold by auction for credits, as this Section and the name's page on BendHub describe. HOC may reserve names, including the names of the Bend language and its tools and names that are well-known marks; a reserved name cannot be registered or bid on, and HOC may license it to an account of its choosing. The number of names an account may hold, counting auctions it leads, and the number of auctions it may open in a day, are limited as BendHub shows.
An auction opens with the first bid on a short name that no one holds. It lasts the period shown on the name's page and ends only when the period shown there passes with no new bid. The first bid must be at least the minimum shown, and each later bid must exceed the leading bid by at least the step shown. A bid is a binding offer to pay its amount in credits if it leads when the auction ends, and it cannot be withdrawn. While a bid leads, its amount is held from your balance and cannot be spent on anything else; when it is outbid, or the auction ends without a winner, the hold is released. When the auction ends, the leading bid wins, its amount is charged to your credits, and the name is licensed to your account. Losing bids are never charged. If your account is closed while your bid leads, the auction ends without a winner. Bid amounts are public and bidders are not identified; the winner is shown as the name's holder. HOC does not bid. HOC's personnel and contractors may bid on the same terms as anyone else, with their own credits, and without using any access they have to non-public information about the auction.
You may give back a name you won at auction within fourteen (14) days after the auction ends, as long as no version has been linked under it, by using the withdraw control on the name's page. The credits charged for the name are returned to your balance, and the name becomes available for a new auction. Linking a version under the name is using it, and ends this right.
This right is separate from any right to withdraw from a purchase of credits under Section 5.9. Credits charged for a name are used credits: giving the name back returns them to your balance, never to your card or other payment method, and they do not become refundable again.
Names cannot be transferred, sold, rented, traded, or given away, on BendHub or anywhere else, for money or anything else. HOC may take down a name offered or held in breach of this Section without refund, and Section 11.4 applies to the account.
HOC may end the license to a name, take the name down, or license it to another account when a court or other authority requires it; when HOC reasonably determines, on a complaint under Section 19.7 or otherwise, that the name infringes a trademark or another right of someone else; when the name is used to impersonate, to mislead, or for abuse; or when security requires it. When HOC takes down a name won at auction whose holder acted in good faith, it returns the credits charged for it. Versions already linked under a name that is taken down keep resolving to their packages, which stay published under Section 18.2.
You are responsible for choosing names that do not infringe anyone's rights, and Section 13.2 applies to third-party claims arising from your names. If you believe a name infringes your trademark, write to contact@higherorderco.com with the name; the registration number of your mark and the goods or services it covers; a statement that you believe in good faith that the use of the name is not authorized by you, your agent, or the law; and a statement, under penalty of perjury, that the information is accurate and that you are the owner of the mark or authorized to act for the owner. HOC will notify the name's holder where it can and give them a reasonable time to respond before deciding, unless the matter is urgent.
Names exist only on BendHub. A name is licensed for as long as HOC operates BendHub, and it ends if HOC stops operating it. No credits are returned for a name when BendHub ends.