Terms of Service
These Terms of Service ("Terms") govern your access to and use of Nic Hyper Flow ("Nic Hyper Flow", the "Service"), including the VS Code extension, related websites, cloud APIs, mobile companion app, and any associated services provided by NEW WATT SOLAR LTDA CNPJ 65.930.189/0001-67 ("Company", "we", "us", "our").
By installing, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be legally capable of entering into a binding agreement in your jurisdiction. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization.
2. The Service
Nic Hyper Flow is an AI-powered developer tool that runs locally in VS Code. It can generate text and code, process prompts, edit files, run terminal commands, and interact with your development environment. It may connect to third-party AI providers using your own API keys.
Local-first architecture: The extension runs on your machine. Your prompts, code, and chat history are stored locally and sent directly from your PC to the AI provider of your choice — not through our servers. We only receive authentication and device presence metadata. See our Privacy Policy for full details.
We may update or modify the Service at any time, including adding or removing features.
3. Accounts & Authentication
The Service uses authentication methods such as GitHub or Google login. You are responsible for maintaining the confidentiality of your access credentials and for all activity under your account.
You agree not to share session tokens or attempt to bypass authentication or usage limits.
4. Remote Control Feature
The Service includes an optional Remote Control feature that allows you to operate the extension from a mobile device. When you enable this feature:
- The extension downloads and runs
cloudflared(Cloudflare's open-source tunnel binary) on your PC - A Cloudflare Tunnel is provisioned under our Cloudflare account and assigned to your device, creating a stable public endpoint for your machine
- A tunnel-specific connector token is delivered to your extension — not our Cloudflare account credentials
- Live communication (messages, streaming, commands) between your phone and PC flows through this tunnel; it does not pass through our backend servers
- Our backend (Firebase/Firestore) is used only for device discovery, presence, and authentication coordination
By enabling Remote Control, you acknowledge and agree that your machine will accept incoming connections through Cloudflare Tunnel infrastructure as described above. You are responsible for ensuring that the machine and network environment where you use Remote Control are appropriately secured.
The Cloudflare Tunnel service is provided by Cloudflare, Inc. and subject to Cloudflare's Terms of Service. We are not responsible for Cloudflare service availability or outages.
5. Subscription Plans, Trials, and Usage Limits
The Service may offer free and paid plans, including trial periods. Usage limits may include token quotas, rate limits, request limits, or feature gating. If you exceed limits, access may be restricted until you upgrade or the quota resets.
We may change pricing, plan features, or limits at any time. Any changes will take effect prospectively.
6. Billing & Payments
If you purchase a paid plan, you agree to pay all fees and applicable taxes. Payments are processed by Stripe. We do not store full payment card details.
Unless otherwise stated, subscriptions renew automatically until canceled. You can cancel at any time and will retain access until the end of the current billing period.
7. User Content & Inputs
When using the Service, you may submit prompts, text, code, files, or other content ("Inputs") and receive outputs ("Outputs").
You retain ownership of your Inputs. As between you and the Company, to the extent permitted by law, you may use Outputs for any lawful purpose.
Important: Outputs may be inaccurate, incomplete, or contain errors. You are solely responsible for reviewing and validating Outputs before use, especially in production, security-sensitive, legal, financial, or safety-critical contexts. The agent can read, write, and execute code on your machine — review its actions carefully.
8. API Keys & Third-Party AI Providers (BYOK)
The Service operates on a Bring Your Own Keys (BYOK) model. Your API keys for third-party AI providers (OpenAI, Anthropic, Google, etc.) are stored only in VS Code's encrypted secret storage on your machine. AI requests are made directly from your PC to the provider — we do not proxy or intercept them.
You are responsible for:
- Your third-party accounts, keys, and associated billing
- Compliance with each provider's terms and usage policies
- Any charges incurred through your keys
We are not responsible for third-party services, including outages, output quality, or pricing changes.
9. Prohibited Conduct
You agree not to:
- Reverse engineer, exploit, or interfere with the Service
- Bypass usage limits, authentication, or security measures
- Use the Service to develop or distribute malware, exploit code, or harmful instructions
- Use the Service for unlawful, abusive, or infringing purposes
- Upload content you do not have the right to use
- Attempt unauthorized access to systems or accounts
- Use the Remote Control tunnel to expose services beyond your own development environment
We may suspend or terminate your access if we believe you violated these Terms.
10. Intellectual Property
The Service, including branding, UI, software, and associated materials, is owned by the Company and protected by applicable laws. You may not copy, modify, distribute, sell, or lease any part of the Service unless permitted by law or explicitly authorized in writing.
11. Availability & Changes
We do not guarantee uninterrupted availability. The Service may be unavailable due to maintenance, updates, third-party issues (including Cloudflare or AI provider outages), or technical failures. We may change, suspend, or discontinue any portion of the Service at any time.
12. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not guarantee that Outputs will be correct, secure, or free from bugs. We are not responsible for actions taken by the AI agent on your machine or codebase.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE AMOUNT YOU PAID TO USE THE SERVICE IN THE LAST 12 MONTHS, UNLESS REQUIRED OTHERWISE BY LAW.
14. Indemnification
You agree to indemnify and hold harmless the Company and its affiliates from any claims, damages, liabilities, and expenses arising from:
- Your use of the Service
- Your Inputs or use of Outputs
- Your violation of these Terms or any law
- Your use of third-party services and API keys
- Your use of the Remote Control feature, including any exposure of services through the tunnel
15. Termination
You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms, your use creates security or legal risk, or as required by law. Upon termination, sections covering liability, disclaimers, and indemnification will remain in effect.
16. Governing Law
These Terms are governed by the laws of Brazil, Rio Grande do Sul, without regard to conflict-of-law principles.
17. Changes to These Terms
We may update these Terms from time to time. If changes are material, we will provide reasonable notice. Continued use after changes means you accept the updated Terms. The "Last updated" date at the top reflects the most recent revision.
18. Contact
For questions about these Terms, contact:
Email: adm@newwattsolar.com.br
Company: NEW WATT SOLAR LTDA CNPJ 65.930.189/0001-67