Terms of Service

The service

Excaliwow is a hosted workspace for creating, sharing, and collaborating on diagrams, with a developer platform (a REST API, a CLI, and an MCP server). It is a personal, non-commercial project currently in early access. The Founding Free program below defines the core-workspace pricing promise for qualifying accounts. We may add, change, suspend, or remove other features, optional add-ons, or the whole service at any time.

Founding Free accounts

The first 10,000 verified accounts, excluding Excaliwow's internal system accounts, receive Founding Free status. Each qualifying account receives a unique founding number from 1 through 10,000. The number is assigned once, is not transferable, and is not recycled if the account is deleted or terminated. Abuse of the service remains subject to the acceptable-use and termination provisions below.

While Excaliwow continues to operate, a Founding Free account keeps a zero-dollar (US$0) subscription fee for the core workspace available when this program launched: browser diagram creation and organization, real-time collaboration, sharing, and access to the REST API, CLI, and MCP server. Accounts start with 3 diagram slots and may earn more under the then-current capacity program.

Founding Free is not a promise of unlimited storage, diagrams, traffic, compute, support, uptime, or usage. Normal diagram-capacity, file-size, API-rate, security, abuse-prevention, and service-availability limits apply. We may charge for optional add-ons, newly introduced products or features outside the core workspace, or third-party costs you choose to incur. We will not convert the core workspace of a compliant Founding Free account to a paid subscription merely by changing these terms.

Eligibility and your account

• You must be at least 16 years old, and able to form a binding contract, to use Excaliwow.
• You are responsible for keeping your login credentials and access tokens secure, and for all activity under your account.
• Provide accurate information and keep it current. Notify us promptly of any unauthorized use of your account.
• You may not use the service if we have previously terminated your account or if applicable law bars you from using it.

Your content

You keep all ownership of the diagrams, images, and other content you create or upload. You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display that content solely as needed to operate and provide the service for you, including rendering your diagrams, syncing real-time collaboration, generating previews, and serving any public links you choose to publish. This license ends when you delete the content or your account, except for content you have made public that others may have already copied, and for backups retained for a limited period.

You represent and warrant that you own or have all rights necessary to your content and to grant this license, and that your content does not violate any law or any third party's rights. You are solely responsible for your content and for keeping your own copies of anything important to you.

Acceptable use

You agree not to use Excaliwow to:

• break the law, or infringe anyone's intellectual property, privacy, or other rights;
• upload or share malware, or content that is unlawful, harassing, hateful, defamatory, or otherwise harmful;
• abuse, overload, probe, reverse engineer, or attempt to disrupt or gain unauthorized access to the service or its infrastructure;
• circumvent any limit, security measure, or access control;
• resell, sublicense, or provide the service to third parties except as the developer platform expressly permits.

To report content or abuse on a public link, contact us at support at excaliwow dot com. We may investigate, remove content, and suspend or terminate accounts that violate these terms, at our sole discretion and without liability.

Reporting abuse & copyright (DMCA)

Public share links display user-generated content. If you come across a public diagram that is abusive, illegal, or infringes your rights, you can report it directly from the Report link on the shared page, or contact us at support at excaliwow dot com. We review reports and may disable the public link, remove content, or suspend the responsible account.

For copyright complaints, send a notice to the same address with: the work you say is infringed; the URL of the public link at issue; your contact details; a statement that you have a good-faith belief the use is unauthorized; a statement, under penalty of perjury, that your notice is accurate and you are the rights holder or authorized to act for them; and your signature (typed is fine). We may remove or disable access to the reported material and, where appropriate, terminate repeat infringers.

The service is provided "as is"

To the maximum extent permitted by applicable law, the service, including all content, diagrams, renders, and output it produces, is provided "as is" and "as available", with all faults and without warranties or conditions of any kind, whether express, implied, or statutory. We specifically disclaim all implied warranties and conditions, including merchantability, fitness for a particular purpose, title, accuracy, quiet enjoyment, and non-infringement.

We do not warrant that the service will be uninterrupted, timely, secure, error-free, or free of harmful components; that it will meet your requirements; that defects will be corrected; or that your content or data will not be lost, corrupted, or altered. No advice or information you obtain from the service creates any warranty not expressly stated here.

Assumption of risk and your data

You use the service entirely at your own risk. You are responsible for maintaining your own backups of any content that matters to you (you can export your diagrams at any time). To the maximum extent permitted by applicable law, we are not responsible for any loss, corruption, deletion, or inaccessibility of your content or data, however it occurs.

Limitation of liability

To the maximum extent permitted by applicable law, in no event will Excaliwow or its operator be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, business, or anticipated savings, arising out of or relating to the service or these terms, under any theory of liability (including contract, tort, negligence, strict liability, and statute), even if we have been advised of the possibility of such damages, and even if a remedy fails of its essential purpose.

To the maximum extent permitted by applicable law, our total aggregate liability for all claims arising out of or relating to the service or these terms will not exceed the greater of the total amount you paid us in the twelve months before the event giving rise to the claim (which, for a free service, is zero) or fifty U.S. dollars (US$50).

Nothing in these terms excludes or limits any liability that cannot be excluded or limited under applicable law, such as liability for fraud, gross negligence, or death or personal injury caused by negligence. Where the law does not allow some of the exclusions or limits above, they apply to you only to the extent permitted, and the remainder stays in effect.

Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Excaliwow and its operator from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to your content, your use of the service, your violation of these terms or any law, or your infringement of any third party's rights.

Content, other users, and third parties

The service may let you interact with other users and with content they create or make public. To the maximum extent permitted by applicable law, we are not responsible for the content, conduct, or accuracy of other users, for any content made available through public links, or for any third-party websites, services, or sign-in providers. You interact with other users, public content, and third parties at your own risk.

You are solely responsible for the diagrams and content you create, share, or make public. To the maximum extent permitted by applicable law, we are not liable for any claim arising from your content, from content other users create, or from how anyone uses or misuses content made available through the service.

Availability and changes

During early access the service is provided without any service-level agreement or guarantee of uptime. We may modify, suspend, or discontinue the service or any part of it, and may impose or change reasonable capacity, rate, security, and abuse-prevention limits, at any time, with or without notice, without liability to you. For Founding Free accounts, these operational rights do not override the zero-dollar core-workspace subscription promise above while Excaliwow continues to operate.

Termination

You may stop using Excaliwow at any time, and you can delete your account and data yourself from your account settings. We may suspend or terminate your access if you violate these terms, abuse the service, create duplicate or fraudulent accounts, or if we must act for legal, operational, or security reasons. We will not terminate a compliant account solely to avoid the Founding Free promise. On termination, your right to use the service ends and we will delete your data as described in our Privacy Policy. The sections that by their nature should survive termination (including content license tails, disclaimers, limitation of liability, indemnification, and the general terms below) survive.

Time limit on claims

To the extent permitted by applicable law, any claim arising out of or relating to the service or these terms must be brought within one (1) year after it arises, or it is permanently barred.

Disputes and governing law

Before filing any claim, you agree to first contact us at support at excaliwow dot com and try in good faith to resolve the dispute informally for at least thirty (30) days.

To the extent permitted by applicable law, you and we agree that any dispute will be brought only on an individual basis, and not as a plaintiff or class member in any class, collective, or representative proceeding. These terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-law rules, and you agree to the exclusive jurisdiction and venue of the state and federal courts located in the State of Florida, United States for any dispute not subject to the individual-resolution terms above, except where applicable law gives you the right to bring a claim in your local courts.

General

• Severability. If any provision is found unenforceable, it is limited or severed to the minimum extent necessary, and the rest of these terms stay in full effect.
• No waiver. Our failure to enforce any provision is not a waiver of it.
• Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control.
• Assignment. You may not assign these terms; we may assign them in connection with a merger, acquisition, or sale of assets.
• Entire agreement. These terms and the Privacy Policy are the entire agreement between you and us about the service and supersede any prior agreement.

Changes to these terms

We may update these terms as the product evolves. When we make a material change, we will update the date above and, where appropriate, notify you. Your continued use of Excaliwow after a change means you accept the updated terms. No update will retroactively convert a compliant Founding Free account's core workspace into a paid subscription while Excaliwow continues to operate.

Contact

Questions about these terms? Email support at excaliwow dot com.