Design Data Terms
The short version
- Your design stays yours. We use it only to build, test, deliver, and support the test kit you ask for.
- Your design is never used to train or improve AI models. This holds even if your workspace opts in to service improvement under section 4.3 of our Terms of Service.
- It is confidential. Only the people and providers who need it for your work receive it.
- You can have it deleted. Ask us, and we delete it from our active systems within 30 days.
- Do not send export-controlled designs. The Service is not set up to receive ITAR-controlled or other export-controlled technical data.
This summary is a reading aid. The numbered sections below are the actual terms.
1What these terms cover
These Design Data Terms supplement the Terms of Service (the Terms) between your organization and Agonic AI Inc. (“Agonic”, “we”, “us”). They apply to all Design Data your organization sends to Agonic, whether or not it has also signed a non-disclosure agreement with us. An owner of your workspace who accepts them for your organization represents that they have authority to bind it. Capitalized terms not defined here have the meanings given in the Terms.
Design Data means (a) the board design material your organization sends to Agonic, including design project files, schematics, PCB layouts, netlists, placement files, fabrication outputs, 3D models, bills of materials (BOMs), and the datasheets, specifications, and design notes you include; and (b) any information we derive from that material that reproduces or reveals it, such as a parsed board model, connectivity, test-point locations, probe-access analysis, fixture and interface-board designs for your kit, generated test plans and fabrication files, test results, and support records. Design Data is Your Content and Protected Content under the Terms.
Analysis the Product runs only on your own device, without sending the material to Agonic, is outside these terms because we never receive it. Public documents we obtain from public sources, such as manufacturer datasheets, are not Design Data, and we may keep and reuse one copy of each for all customers; which parts and documents your design uses is Design Data.
2How we may use Design Data
You keep all rights in your design. These terms give Agonic no ownership of it, and they give you no rights in the Service, including the software, generators, and methods we use to make kits (section 12 of the Terms).
We may receive, store, copy, analyze, transform, and transmit Design Data only as reasonably necessary to:
- design, build, test, deliver, and support the test kit, fixture, interface board, or test plan your organization requests (your kit);
- provide the Product features your organization uses with that Design Data;
- keep the Service secure, including automated scanning of uploads for malware and abuse, and troubleshoot problems affecting your work; and
- comply with law.
For Design Data, this narrows the licence in section 4.2 of the Terms. We will not sell Design Data, use it for another customer’s work or for advertising, or use it to develop products or services for anyone else.
We may use your Design Data to reproduce, diagnose, and confirm a fix for a problem that affects your work, even though the fix may also help other customers. We will not copy Design Data, or any part of it, into the fix, test suites, evaluation or regression datasets, examples, or other lasting material, and we keep the copies used for that work only as long as the work needs them.
Design Data is never Feedback under section 13 of the Terms, even if you send it with a suggestion or a bug report.
3No training or improvement
We will not use Design Data to train, fine-tune, evaluate, benchmark, or otherwise improve any AI model, prompt, tool, or other part of the Service, and we will not place it in any training, evaluation, regression, or benchmark dataset. This covers the original files, everything derived from them, and any part of a log, trace, or output that reproduces or reveals them.
Reproducing and fixing a problem that affects your work, as section 2 permits, is not improvement for this purpose. Section 4.3 of the Terms does not apply to Design Data. We will not process Design Data, or traces that contain it, to create or validate Improvement Data, even if your workspace has given an Improvement Authorization for other activity. No acceptance of the Terms, use of the Service, or improvement choice changes this section.
We may keep operational records that contain no Design Data, such as job timing, file counts and sizes, and error categories, to run, secure, and support the Service.
When a Product feature you use sends Design Data to a model provider, we send only what that request needs, and we use business offerings and settings intended to prevent the provider from training on it. A provider may keep request data for a limited period for security or abuse monitoring under its business terms, as described in section 5 of our Privacy Policy.
4Confidentiality and security
Design Data is your confidential information under section 11 of the Terms. Within Agonic, only personnel and contractors who need it for the purposes in section 2 may access it, and they are bound by confidentiality obligations at least as protective as these terms. Within your workspace, members can access it according to the permissions your workspace sets.
We protect Design Data with the safeguards described in section 10 of our Privacy Policy, including TLS in transit and encryption at rest for our hosted databases and object storage. No system is perfectly secure. If we learn that Design Data was accessed or disclosed without authorization, we will notify your organization without undue delay and reasonably cooperate to limit further disclosure.
6Retention and deletion
We keep Design Data only while we need it for the purposes in section 2, such as while your workspace keeps the project it belongs to or while we support a kit your organization ordered. We may delete uploaded files sooner on a routine schedule, so keep your own copies, as section 3 of the Terms asks.
Your organization can delete Design Data with the Product’s controls where they exist, or ask us to delete it by writing to [email protected]. We will delete it from our active systems within 30 days after a verified request. Copies in routine backups expire on their normal cycle, ordinarily within 90 days, and stay subject to these terms until they do. We may keep a copy where the law requires it or to preserve it for a legal claim, and then only for that purpose.
Deleting Design Data cannot recall files a manufacturing partner already received to make a kit you ordered, and it may mean we cannot support or remake that kit. We will not ask any partner to use those files for anything else.
These terms keep applying to any Design Data we still hold, even after your organization stops using the Service or the Terms end.
7Export-controlled designs
Do not send technical data controlled under the International Traffic in Arms Regulations (ITAR), or technology listed under an Export Control Classification Number (ECCN) on the Commerce Control List of the Export Administration Regulations (EAR), unless we have agreed in writing to receive it. The Service is not set up to receive, store, or process that material. Your organization is responsible for classifying its designs before sending them. If you send such material by mistake, tell us at [email protected] so we can isolate and delete it.
8Relationship to other terms
These terms form part of the Terms for Design Data. If they conflict with the Terms, our Privacy Policy, or an Improvement Authorization, these terms control for Design Data. If your organization has a signed non-disclosure agreement or other written agreement with Agonic that covers the same Design Data, it also applies, and the provision that better protects your Design Data controls.
Sections 18 through 20 of the Terms (disputes and governing law) apply to these terms, including the arrangements in section 19 for users in British Columbia, Alberta, and Ontario.
We may update these terms by posting a new version with a new version name. A change that reduces the protection of Design Data you already sent applies to that data only if an authorized owner of your workspace accepts the new version; otherwise the version you accepted continues to apply to it.
9Contact
- Deletion and support: [email protected]
- Legal notices: [email protected]
- Mail: Agonic AI Inc., 2261 Market Street STE 97515, San Francisco, CA 94114, United States