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Terms of Service

Introduction

These Terms of Service (“Terms” or “Agreement”) constitute a contract between you (“you” or “User”) and the Mermaid Diagram Sync Assistant (“we,” “us,” or “our”). These Terms govern your access to and use of the Mermaid Diagram Sync Assistant, a GitHub application that automatically updates Mermaid diagrams in your rull requests (the “Service”).

Please read these Terms of Service carefully before installing or using the Service. By installing, accessing, or using the Service, you accept and agree to be bound and abide by these Terms. If you do not agree to these Terms of Service, you must not install or use the Service.

Your ability to use the Service is dependent on third parties, including GitHub. You acknowledge and agree that your ability to access and use the Service is governed by the terms of these third parties, including GitHub’s Terms of Service and those terms may change at their discretion.

Age Restrictions

The Service is intended for users 13 and older. By accessing or using the Service, you represent and warrant that you are at least thirteen (13) years old and that you possess the legal right and ability to enter into these Terms and to use the Service in accordance with these Terms.

Changes to Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion by posting a revised version. All changes are effective immediately when we post them. We may provide reasonable notice of any material changes by posting the updated Terms of Service. Any revisions to the Terms of Service will take effect on the “Last Updated” date noted at the top of these Terms.

Your continued use of the Service after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must uninstall the Service.

About the Mermaid Diagram Sync Assistant

The Mermaid Diagram Sync Assistant is an AI-driven GitHub application that automatically monitors your pull requests and regenerates Mermaid diagrams when their connected source files are modified. When you open, update, or reopen a pull request, the Service:

  • Scans all changed files in the pull request
  • Identifies which Mermaid diagram files (.mmd) reference those changed files
  • Uses AI to analyze code changes and regenerate diagrams with the latest code changes
  • Automatically commits updated diagrams back to your pull request branch

The Service operates exclusively within GitHub repositories and processes pull request events only.

GitHub Integration and Authorization

Installation

To use the Service, you must install the Mermaid Diagram Sync Assistant on your GitHub repository through GitHub’s App installation process. By installing the Service, you authorize us to:

  • Access your GitHub repository information, including repository name, owner, branch names, and commit information
  • Read pull request data and file contents necessary to process diagram updates
  • Create commits and update branches in your repository to commit updated diagrams
  • Receive webhook events from GitHub related to pull request activities

Scope of Access

You control the scope of the authority granted to us through GitHub’s App installation interface. The Service only accesses:

  • Repository metadata (name, owner, branches)
  • Pull request information and file changes
  • Mermaid diagram files (.mmd) and source code files referenced by diagrams
  • Installation ID for authentication purposes

Your Responsibilities

You are responsible for:

  • Maintaining the security and confidentiality of your GitHub account
  • Ensuring you have all necessary rights, consents, authorizations, and permissions to grant us access to your GitHub repositories
  • Complying with GitHub’s Terms of Service and Developer Agreement
  • Ensuring that your use of the Service does not breach any terms governing your GitHub account

You represent and warrant that you have all necessary rights to grant us access to your GitHub repositories for the purposes described in these Terms, without any breach of your agreement with GitHub or subjecting us to any payment obligations, usage limitations, or other liabilities.

Uninstallation

You may uninstall the Service at any time through your GitHub repository settings. Upon uninstallation, we will no longer receive webhook events from your repository or process your repository data. Any diagrams already committed to your repository will remain (as they are stored in your GitHub repository).

User Accounts and Registration

Account Requirements

To use the Service, you must have a valid GitHub account. The Service does not require separate account registration with us. Your GitHub account serves as your authentication mechanism for accessing the Service.

Account Security

You are responsible for:

  • Maintaining the security and confidentiality of your GitHub account credentials
  • All activities that occur under your GitHub account
  • Notifying us immediately of any unauthorized use of your account or any other breach of security

We are not liable for any loss or damage arising from your failure to comply with these security obligations.

Account Information

You agree to provide accurate, current, and complete information when installing the Service. You agree to update your account information to keep it accurate, current, and complete.

Account Suspension or Termination

We reserve the right to suspend or terminate your access to the Service if you violate these Terms or if we determine, in our sole discretion, that your use of the Service poses a risk to us, other users, or third parties.

Pricing and Payment Terms

Current Pricing

The Service is currently available [free of charge / at no cost]. We reserve the right to introduce pricing plans and fees in the future. If we introduce paid plans, we will provide reasonable notice before any charges apply.

Future Pricing Plans

We may, at our sole discretion, introduce pricing plans, subscription tiers, or usage-based fees for the Service. When pricing is introduced:

  • We will provide at least thirty (30) days’ notice before any charges apply to existing users
  • Pricing information will be clearly displayed on our website or through GitHub Marketplace
  • You will have the option to continue using the Service under the new pricing terms or to uninstall the Service
  • Free or trial periods may be offered at our discretion

Payment Methods

If and when payment is required, payments may be processed through:

  • GitHub Marketplace (if available)
  • Third-party payment processors
  • Other payment methods we may specify

You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Service.

Payment Terms

If payment is required:

  • All fees are stated in U.S. dollars unless otherwise specified
  • Fees are due in advance for subscription periods or as specified in your plan
  • You authorize us to charge your payment method for all fees owed
  • You are responsible for all applicable taxes (including sales tax, VAT, or other taxes) based on the billing address you provide
  • If payment is not received by the due date, we may suspend or terminate your access to the Service

Price Changes

We reserve the right to change our pricing at any time. For existing subscribers, we will provide at least thirty (30) days’ notice of any price increases. Price changes will take effect at the start of your next billing cycle after the notice period.

Subscription Terms

Subscription Plans

If subscription plans are offered, they may include:

  • Different tiers with varying features and usage limits
  • Monthly or annual billing cycles
  • Different pricing for individual users, teams, or organizations

Subscription Period and Renewal

  • Subscriptions automatically renew at the end of each billing period unless you cancel
  • You authorize us to charge your payment method for each renewal period
  • If payment fails for a renewal, we may suspend or terminate your subscription
  • You may cancel your subscription at any time through your account settings or by contacting us

Subscription Changes

  • You may upgrade or downgrade your subscription plan at any time
  • Upgrades take effect immediately; downgrades take effect at the start of your next billing cycle
  • Refunds for downgrades are handled according to our Refund Policy (Section 9)

Subscription Cancellation

  • You may cancel your subscription at any time
  • Cancellation takes effect at the end of your current billing period
  • You will continue to have access to the Service until the end of your paid period
  • No refunds are provided for partial billing periods unless required by law

Trial Periods

Trial Availability

We may offer free trial periods for paid features or subscription plans. Trial periods:

  • Are available to new users or as we may specify
  • Have a limited duration as specified at the time of enrollment
  • May require payment method information to begin
  • Automatically convert to a paid subscription at the end of the trial unless cancelled

Trial Terms

During a trial period:

  • You have access to the features included in the trial plan
  • You may cancel at any time during the trial without charge
  • If you do not cancel before the trial ends, your payment method will be charged for the subscription
  • We reserve the right to limit trial availability or modify trial terms at any time

Trial Restrictions

  • Only one trial per user, organization, or payment method
  • We may verify your eligibility for a trial
  • We reserve the right to revoke trial access if we detect abuse or violation of these Terms

Refund Policy

General Refund Policy

Unless otherwise required by law:

  • All fees are non-refundable except as expressly stated in this Section
  • Refunds are not provided for partial billing periods
  • Refunds are not provided for unused portions of a subscription period

Refund Eligibility

We may provide refunds in the following circumstances:

  • Service Failure: If the Service fails to function as described and we are unable to resolve the issue within a reasonable time
  • Billing Errors: If you are charged incorrectly due to our error
  • Cancellation During Trial: If you cancel during a trial period before it converts to a paid subscription
  • Legal Requirements: As required by applicable consumer protection laws

Refund Process

To request a refund:

  • Contact us through the contact methods provided in Section 16
  • Provide your account information and reason for the refund request
  • We will review your request and respond within a reasonable time
  • If approved, refunds will be processed to your original payment method within [X] business days

Refund Limitations

  • Refund requests must be made within [X] days of the charge
  • Refunds are not available for:
    • Usage-based charges that have already been incurred
    • Services that have been substantially used or consumed
    • Accounts terminated for violation of these Terms

Configuration and Control

Configuration Files

You can control the Service’s behavior using configuration files in your repository:

  • .mermaidignore: Exclude specific files or diagrams from processing using standard gitignore syntax
  • .smart-mermaid-updates.yml: Configure branch filtering to exclude specific branches from processing

Service Limitations

The Service:

  • Only processes pull request events (opened, synchronize, reopened, ready_for_review)
  • Does not process draft pull requests (except when initially opened)
  • Skips processing when changes originate from the bot itself to prevent infinite loops
  • Respects your configuration files (.mermaidignore and .smart-mermaid-updates.yml)

Prohibited Uses

You may use our Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software)
  • To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity
  • To violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm us or users of the Service, or expose them to liability

Additionally, you agree not to:

  • Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service
  • Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service
  • Attack the Service via a denial-of-service attack or a distributed denial-of-service attack
  • Attempt to do any of the acts described in this Section 11 or assist or permit any person engaging in any of the acts described in this Section 11

AI and LLM Providers

OpenAI Usage

Our Service uses artificial intelligence powered by OpenAI to regenerate Mermaid diagrams. When using our Service, you agree to abide by OpenAI’s Usage Policies and OpenAI’s Terms of Service, and you agree not to use the Service in any way that is prohibited by OpenAI, including:

  • Illegal activity
  • Child Sexual Abuse Material or any content that exploits or harms children
  • Generation of hateful, harassing, or violent content
  • Generation of malware
  • Activity that has high risk of physical harm
  • Activity that has high risk of economic harm
  • Fraudulent or deceptive activity
  • Adult content, adult industries, and dating apps
  • Political campaigning or lobbying
  • Activity that violates people’s privacy
  • Engaging in the unauthorized practice of law or offering tailored legal advice without a qualified person reviewing the information

Data Processing

When processing diagrams, we send diagram content and source code changes to OpenAI’s API. OpenAI processes this data to generate updated diagram content. We do not store OpenAI responses beyond what is necessary to commit updates to your repository.

Your use of OpenAI through our Service is subject to OpenAI’s Privacy Policy.

AI Limitations

You acknowledge and agree that:

  • AI-generated content may contain errors or inaccuracies
  • The Service does not guarantee the accuracy, completeness, or usefulness of AI-generated diagram updates
  • You are responsible for reviewing and verifying all diagram updates before merging pull requests
  • We are not liable for any errors, omissions, or inaccuracies in AI-generated content

Intellectual Property Rights

Your Content

You retain all ownership rights in your repository content, including source code files and Mermaid diagrams. By using the Service, you grant us a limited, non-exclusive license to:

  • Access and read your repository files necessary to provide the Service
  • Process your files to generate diagram updates
  • Create commits containing updated diagrams in your repository

This license is limited to the purpose of providing the Service and terminates when you uninstall the Service.

Our Service

The Service, including its software, functionality, and documentation, is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

Feedback

If you provide us with any feedback, suggestions, or ideas about the Service, you agree that we may use such feedback without restriction and without any obligation to compensate you.

Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

  • The Service will be available, uninterrupted, secure, or error-free
  • Any defects or errors will be corrected
  • The Service is free of viruses or other harmful components
  • The results obtained from using the Service will be accurate or reliable

You acknowledge that:

  • The Service relies on third-party services (GitHub, OpenAI) that may be unavailable or experience outages
  • AI-generated content may contain errors or inaccuracies
  • The Service may not process all diagrams or may skip processing under certain conditions
  • We are not responsible for the content, accuracy, or completeness of diagrams generated by the Service

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your use or inability to use the Service
  • Any unauthorized access to or use of our servers and/or any personal information stored therein
  • Any interruption or cessation of transmission to or from the Service
  • Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Service
  • Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service
  • AI-generated content that is inaccurate, incomplete, or harmful

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

  • Your violation of these Terms
  • Your use of the Service, including any content you submit or any diagram updates generated by the Service
  • Your violation of any third-party rights, including intellectual property rights
  • Your violation of any applicable laws or regulations
  • Your use of AI-generated content in violation of OpenAI’s Usage Policies

Termination

Termination by You

You may terminate your use of the Service at any time by uninstalling the Service from your GitHub repository settings.

Termination by Us

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination:

  • Your right to use the Service will immediately cease
  • We will no longer process webhook events from your repository
  • Any diagrams already committed to your repository will remain

Effect of Termination

Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Dispute Resolution and Arbitration

Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us. We will try to resolve the dispute informally by contacting you via email.

Arbitration Agreement

ARBITRATION NOTICE: Except for certain kinds of disputes described in Section 18.4, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Arbitration Process

If you and we cannot resolve a dispute through informal resolution, either party may initiate binding arbitration. The arbitration will be conducted by a single arbitrator under the rules of the American Arbitration Association (“AAA”) or another mutually agreed-upon arbitration service. The arbitration will be conducted in California, unless both parties agree otherwise.

The arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement, except that a court has exclusive authority to resolve any dispute about the validity, revocability, or enforceability of the class action waiver in Section 18.5.

Exceptions to Arbitration

The following disputes are not subject to the arbitration agreement:

  • Small claims court actions
  • Intellectual property disputes (patents, trademarks, trade secrets, copyrights)
  • Claims for injunctive relief
  • Any dispute where the amount in controversy is less than $10,000

Class Action Waiver

NO CLASS ACTIONS: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Arbitration Costs

Each party will bear its own costs and attorneys’ fees unless the arbitrator determines that a claim or defense was frivolous or brought in bad faith, in which case the arbitrator may award fees to the prevailing party.

Opt-Out Right

You have the right to opt out of this arbitration agreement by sending us written notice within 30 days of first accepting these Terms. To opt out, send written notice to us at the contact information provided in Section 21. If you opt out, disputes will be resolved in court as described in Section 18.8.

Governing Law and Jurisdiction

These Terms and any claim arising out of these Terms will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

If arbitration does not apply or you have opted out, you agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the federal or state courts located in California, and you hereby consent to the personal jurisdiction of such courts.

Enforceability

If the class action waiver in Section 18.5 or the entirety of this Section 18 is found to be unenforceable, or if we receive an opt-out notice from you, then the entirety of this Section 18 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 18.8 will govern any action arising out of or related to these Terms.

Export Compliance

You agree to comply with all applicable export laws and regulations. You represent and warrant that:

  • You are not located in a country that is subject to U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country
  • You are not listed on any U.S. government list of prohibited or restricted parties
  • You will not use the Service in violation of any export or import laws, restrictions, or regulations

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the sole and entire agreement between you and us regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Waiver

No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign these Terms or any of your rights or obligations hereunder without our prior written consent. We may freely assign these Terms without your consent. Any attempted assignment or transfer in violation of this subsection will be null and void.

Relationship

Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and us.

Force Majeure

We shall not be liable for any failure or delay in performance under these Terms which is due to earthquake, fire, flood, act of God, act of war, terrorism, epidemic, pandemic, or other causes beyond our reasonable control.

Notices

We may provide notices to you regarding the Service by posting on our website or through GitHub. Notices will be effective when posted.

Modification of Service

We reserve the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features), temporarily or permanently, without notice to you. We will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

Contact Information

If you have any questions about these Terms of Service, please contact us through:

California Residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

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