Terms of Service

These Terms of Service (“Terms”) govern your access to and use of DiffSight, including the desktop application, the website at diffsight.dev, and any related services (collectively, the “Service”). By creating an account or using the Service, you agree to be bound by these Terms.

If you do not agree to these Terms, do not use the Service.

1. Who we are

The Service is operated by Mercure Technologies, registered in France.

• Trade name: Mercure Technologies
• Registered address: 8 rue du Parc, 92300 Levallois-Perret, France
• Registration number (SIRET): 818 540 478 00059
• Contact email: support@diffsight.dev

For the purposes of these Terms, “we”, “us”, “our” and “DiffSight” refer to Mercure Technologies. “You” and “your” refer to the individual or entity accepting these Terms.

2. The Service

DiffSight is a desktop application that helps software engineers review code changes (pull requests and diffs) by reorganizing them by semantic context and surfacing high-impact changes.

Key characteristics of the Service:

• DiffSight runs locally on your device. Code, diffs and source files are processed on your machine and are not transmitted to our servers.
• DiffSight integrates with third-party services (such as GitHub, GitLab, OpenAI and Anthropic) directly from your device. You are responsible for your relationship with those third parties, including their terms of service and any associated fees.
• API keys for third-party AI providers (such as OpenAI and Anthropic) are entered by you and stored locally on your device. We never receive or store these keys.
• We operate a backend service that handles user accounts, authentication, license validation and subscription management. This backend stores only the personal data described in our Privacy Policy.

3. Accounts

To use DiffSight, you need to create an account. You may sign up with email and password, or via OAuth (GitHub, Google).

You agree to:

• Provide accurate and complete information when creating your account.
• Keep your credentials confidential and not share your account with others.
• Notify us promptly at support@diffsight.dev if you suspect unauthorized access.
• Be responsible for all activity that occurs under your account.

You must be at least 16 years old to use the Service. If you create an account on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

4. Free trial

DiffSight offers a 14-day free trial for new users. The trial gives you access to the full functionality of DiffSight for evaluation purposes.

• No credit card is required to start the trial.
• The trial is limited to one per user and per device.
• At the end of the trial, the Service will require an active paid subscription to continue.
• We reserve the right to revoke trial access in the event of abuse, fraudulent activity, or attempts to circumvent trial limits (for example by creating multiple accounts).

5. Subscriptions, pricing and payment

After the trial, continued use of DiffSight requires a paid subscription.

5.1 Merchant of Record

All payments are processed by Lemon Squeezy (Lemon Squeezy is operated by Paddle.com Market Ltd.), which acts as the Merchant of Record for purchases made through the Service. Lemon Squeezy handles payment processing, billing, sales tax and VAT collection, and invoicing.

When you purchase a subscription:

• Lemon Squeezy collects your payment information and billing details directly. We never see or store your credit card details.
• Lemon Squeezy's Terms of Service and Privacy Policy apply to the payment transaction in addition to these Terms.
• You will receive an invoice from Lemon Squeezy for each charge.

5.2 Recurring billing

Subscriptions are billed on a recurring basis (monthly or annually, depending on the plan you choose). By subscribing, you authorize Lemon Squeezy to charge your payment method on a recurring basis until you cancel.

5.3 Price changes

We may change subscription prices from time to time. We will notify you at least 30 days in advance of any price change affecting your subscription. The new price will apply from the next renewal date. If you do not agree with the new price, you may cancel before the renewal date.

5.4 Taxes

Prices displayed are exclusive of VAT and other applicable taxes, unless stated otherwise. Lemon Squeezy will calculate and collect any applicable taxes based on your billing address.

6. Cancellation and refunds

6.1 Cancellation

You may cancel your subscription at any time through your account settings or via the customer portal link sent to you by Lemon Squeezy. When you cancel:

• Your subscription remains active until the end of the current billing period.
• You will not be charged again.
• You will not be billed for any future periods.

6.2 Refunds

Subscription payments are non-refundable, except where required by applicable law. We offer a 14-day free trial precisely so that you can fully evaluate DiffSight before committing to a paid subscription.

In exceptional circumstances (for example, a serious technical defect that we are unable to resolve), we may, at our sole discretion, issue a partial or full refund. To request a refund, contact us at support@diffsight.dev.

6.3 Right of withdrawal (EU consumers)

If you are a consumer residing in the European Union, you have a statutory right to withdraw from your purchase within 14 days, without giving any reason.

However, by starting to use DiffSight (including by activating your license, downloading updates, or otherwise using the Service) before the end of this 14-day period, you expressly request immediate execution of the Service and acknowledge that you lose your right of withdrawal once execution has begun, in accordance with Article L221-28 of the French Consumer Code.

If you wish to exercise your right of withdrawal before starting to use the Service, please contact us at support@diffsight.dev within 14 days of your purchase.

7. License to use DiffSight

Subject to your compliance with these Terms and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use DiffSight on devices you own or control, solely for your internal personal or business purposes.

You may not:

• Copy, modify, reverse-engineer, decompile or disassemble DiffSight, except to the extent expressly permitted by applicable law.
• Resell, sublicense, lease, rent or distribute DiffSight to third parties.
• Use DiffSight to build a competing product.
• Remove or alter any proprietary notices in DiffSight.
• Use DiffSight in violation of any applicable law or regulation.
• Use DiffSight to process content you do not have the right to process.

DiffSight, including all its components, source code, designs, trademarks, logos and documentation, is the exclusive property of Mercure Technologies and is protected by intellectual property laws.

8. Your content and third-party services

DiffSight processes code and other content from third-party services that you connect, such as GitHub, GitLab, OpenAI and Anthropic (“Your Content”).

You retain all rights in Your Content. We do not claim ownership of any code, diffs or files processed through DiffSight.

You are solely responsible for:

• Ensuring that you have the rights and permissions necessary to process Your Content with DiffSight.
• Complying with the terms of service of any third-party services you connect (GitHub, GitLab, OpenAI, Anthropic and others).
• The costs of using those third-party services, including any API usage fees charged directly to you by OpenAI, Anthropic or other AI providers.
• The security of your API keys, tokens and other credentials.

Because DiffSight runs locally on your device, Your Content is processed on your device and sent only to the third-party services you have configured (such as your AI provider). We do not receive a copy of Your Content.

9. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
• Use the Service to infringe the intellectual property rights or other rights of any third party.
• Upload, process or distribute malware, viruses or any harmful code through the Service.
• Attempt to gain unauthorized access to the Service, our infrastructure, or other users' accounts.
• Use the Service to harass, threaten or harm others.
• Circumvent or attempt to circumvent any technical limitation of the Service, including license enforcement, trial limits or rate limits.
• Resell or commercially redistribute the Service without our prior written consent.

We may suspend or terminate your access to the Service if we believe, in good faith, that you have violated these acceptable use rules.

10. Service availability

We strive to keep the Service available and functional, but we do not guarantee uninterrupted availability. The Service is provided “as is” and “as available”.

The backend services (account management, license validation, updates) may occasionally be unavailable due to maintenance, technical issues, or events beyond our control. Because DiffSight runs locally, you can typically continue to use DiffSight during short backend outages.

11. Updates

We may release updates, bug fixes and new features for DiffSight from time to time. Updates are distributed through Cloudflare R2 and may be applied automatically or with your consent, depending on your settings.

We reserve the right to discontinue support for older versions of DiffSight. To continue receiving security patches and new features, you should keep your installation up to date.

12. Disclaimer of warranties

To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted operation.

DiffSight is a tool to assist code review. You remain solely responsible for reviewing and validating any code changes, regardless of suggestions or analysis provided by DiffSight or the third-party AI services you connect to it. We do not warrant that DiffSight will detect all bugs, vulnerabilities or quality issues in your code.

13. Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Mercure Technologies, its founders, employees, contractors or partners be liable for:

• Any indirect, incidental, special, consequential or punitive damages.
• Any loss of profits, revenue, data, or business opportunities.
• Any damages arising from your use of, or inability to use, the Service.
• Any damages arising from third-party services (GitHub, GitLab, OpenAI, Anthropic or others) that you connect to DiffSight.

Our total aggregate liability for all claims arising out of or relating to these Terms or the Service shall not exceed the amount you have paid to us in the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms limits or excludes our liability for fraud, gross negligence, willful misconduct, or any liability that cannot be limited under applicable law.

14. Indemnification

You agree to indemnify and hold harmless Mercure Technologies, its founders, employees and contractors from any claim, demand, loss, liability or expense (including reasonable legal fees) arising out of:

• Your use of the Service in violation of these Terms.
• Your violation of any applicable law or regulation.
• Your violation of the rights of any third party.
• Any content you process through DiffSight.

15. Termination

You may terminate your account at any time by contacting support@diffsight.dev or through your account settings.

We may suspend or terminate your access to the Service if:

• You materially breach these Terms.
• Your payment fails and is not resolved within a reasonable time.
• We reasonably believe your activity is fraudulent, abusive or harmful.
• We are required to do so by law.

Upon termination, your right to use the Service ends immediately. The clauses that, by their nature, should survive termination (intellectual property, liability, governing law, etc.) will continue to apply.

16. Changes to these Terms

We may update these Terms from time to time. The updated version will be posted at diffsight.dev/terms with a new “Last updated” date.

For material changes, we will notify you in advance by email or through the Service. Continued use of the Service after the effective date of the updated Terms constitutes acceptance of the changes. If you do not agree to the changes, you may cancel your subscription and stop using the Service.

17. Governing law and jurisdiction

These Terms are governed by French law, without regard to its conflict of laws principles.

For consumers residing in the European Union, mandatory consumer protection rules of your country of residence remain applicable.

Any dispute arising out of or relating to these Terms or the Service shall be submitted to the competent courts of Paris, France, unless mandatory consumer law provides otherwise.

Before initiating any legal action, you agree to first contact us at support@diffsight.dev to attempt to resolve the dispute amicably.

In accordance with French law (Article L612-1 of the Consumer Code), consumers may also use the European Commission's online dispute resolution platform: https://ec.europa.eu/consumers/odr