1. The agreement
These Terms of Service (the “Terms”) are a binding agreement between you (“you”, “your”) and clusterhack (the “Operator”, “we”, “us”), which operates Nibvine at nibvine.com together with its API, its Model Context Protocol (MCP) server, and its messaging integrations (together, the “Service”).
By creating an account, issuing an access token, connecting an AI client, or otherwise using the Service, you accept these Terms. If you do not accept them, do not use the Service.
If you use the Service on behalf of a company or another person, you confirm that you are authorised to accept these Terms for them, and “you” means that organisation.
2. What the Service does
Nibvine stores a structured “project brain”: a hierarchical tree of notes, plus tasks, ideas, comments and change history for each project. It assembles that material into context for large language models, and exposes the same data to external AI tools over a REST API and an MCP server.
The Service is provided as a hosted product. We may change, add or remove features. When a change removes something you rely on, we will make a reasonable effort to announce it on the changelog before it takes effect.
3. Accounts and access tokens
- You must be at least 16 years old, or the age of digital consent in your country if that is higher.
- Account details must be accurate, and you are responsible for everything done through your account.
- Sign-in is handled by our identity provider. Protect those credentials — we cannot recover them for you.
- API and MCP access tokens (the values beginning
nbv_) are shown once at creation and stored only as a hash. Treat a token like a password: it carries the scopes you gave it. - Revoke a token immediately if it may have leaked, and tell us at security@nibvine.com if the leak affects other people’s data.
4. Your content stays yours
You keep all rights to the projects, notes, tasks, ideas, comments, files and other material you put into the Service (“Your Content”). We claim no ownership of it.
You grant us a limited, non-exclusive, worldwide, royalty-free licence to host, copy, transmit, display and process Your Content strictly for the purpose of operating the Service for you: storing it, rendering it, building model context from it, delivering it to the AI clients you connect, backing it up, and diagnosing faults. This licence ends when you delete the content or close your account, except for backup copies that expire on their normal cycle.
We do not use Your Content to train our own models, and we do not sell it or use it for advertising.
If you publish a project or a note branch with a public share link, you are choosing to make that material readable by anyone holding the link. You can revoke or regenerate the link at any time.
5. AI features, model providers and your keys
AI features send project context to third-party model providers. Which provider is used depends on the configuration you choose. Providers currently supported are OpenAI, OpenRouter and Google Gemini; the subprocessor list names every one in use.
- You choose when to run an AI operation. Nothing is sent to a model provider unless you, your connected agent, or a bot command you have linked triggers it.
- If you supply your own provider key (BYOK), it is encrypted at rest, access to it is written to an audit log, and it is used only for your own requests.
- Model output is generated text. It can be wrong, outdated or inconsistent. Verify anything you intend to rely on — particularly before an agent commits a change to your project.
- Token consumption is metered per call and shown in your usage report. Allowances and balances are described in the billing terms.
Third-party providers process your content under their own terms. We choose providers that do not train on API content by default, but we do not control their systems and cannot be responsible for them.
6. External tools, MCP and automated writes
You may connect AI clients and other software to your workspace with a scoped access token. An agent acting with your token acts as you.
- Give every token the narrowest scope and, where possible, restrict it to a single project.
- Writes made through the MCP server run as a two-step preview then commit. A preview expires if it is not committed. You are responsible for what you commit.
- You are responsible for anything an agent does with a token you issued, including deletions.
- Outbound integrations you configure — webhooks, chat notifications — send project data to the destination you name. Point them only at systems you control.
7. Acceptable use
The Acceptable Use Policy is part of these Terms. In short: do not use the Service to break the law, to harm people, to attack our infrastructure or anyone else’s, or to store material you have no right to store.
We may suspend or terminate access that breaches that policy. Where the breach is not urgent or severe, we will try to warn you first.
8. Availability and support
The Service is provided without a guaranteed uptime commitment. We aim to keep it running and to schedule disruptive maintenance outside peak hours, but interruptions, degraded performance and provider outages can happen.
Support runs through the public support page and support@nibvine.com. There is no contractual response time unless we have agreed one with you in writing.
9. Fees, allowances and refunds
Where the Service is offered free of charge, it is offered as-is and may be rate-limited or withdrawn. Where a paid plan, token balance or allowance applies, the billing terms set out how charges, top-ups, cancellation and refunds work, and those terms form part of this agreement.
Model usage you incur through your own provider key is billed to you by that provider directly, not by us.
10. Our intellectual property
The Service itself — its software, interface, documentation and brand — belongs to the Operator and its licensors. These Terms grant you a personal, non-transferable, revocable right to use the Service, and nothing more.
You may not copy, resell, or rent the Service, reverse-engineer it except where the law says you may, or use it to build a competing product from its non-public behaviour.
Feedback you send us may be used freely and without obligation. We will not identify you as its source without asking.
11. Ending the agreement
You may stop using the Service at any time and delete your projects and account from your profile. Deletion removes your content from the live system; backups age out on their normal cycle.
We may suspend or close an account that breaches these Terms, creates legal risk, or is used to attack the Service. Where we close an account for convenience rather than for breach, we will give you reasonable notice and a window to export your data.
Sections that by their nature should survive termination — ownership, disclaimers, liability, and governing law — survive it.
12. Disclaimer
To the fullest extent the law allows, the Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Service will be uninterrupted, error-free, or that AI output will be accurate.
Nothing in these Terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud. If you are a consumer, your statutory rights are unaffected.
13. Limitation of liability
To the fullest extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost goodwill, or lost or corrupted data arising out of the Service.
Our total aggregate liability arising out of or relating to the Service in any twelve-month period is limited to the greater of the amounts you paid us for the Service in that period, or fifty (50) US dollars.
14. Indemnity
You will defend and indemnify the Operator against third-party claims arising from Your Content, from your use of the Service in breach of these Terms or the Acceptable Use Policy, or from actions taken by tools and agents you connected to your workspace.
15. Changes to these Terms
We may update these Terms. The effective date at the top of this page always shows the current version. Material changes will be announced in the product or by email before they take effect, and continuing to use the Service after that date means you accept the new version.
16. Governing law and disputes
These Terms are governed by the laws of the country in which the Operator is established, without regard to conflict of law rules. Disputes will be brought before the competent courts of that jurisdiction, except that a consumer may also bring proceedings in the courts of their own country of residence where local law grants that right.
Before starting proceedings, please write to legal@nibvine.com. Most problems are faster to fix than to litigate.
17. General
- These Terms, the Privacy Policy, the Acceptable Use Policy and the billing terms are the entire agreement between us about the Service.
- If a provision is found unenforceable, the rest stays in force.
- Not enforcing a right immediately does not waive it.
- You may not assign this agreement without our consent; we may assign it as part of a merger, acquisition or sale of assets.
- Neither party is liable for failures caused by events beyond its reasonable control.
- Notices to us go to legal@nibvine.com. Notices to you go to the email address on your account.
Questions about this document? Write to legal@nibvine.com.