Last updated: 2026-09-09
Terminology: In this document, workspace and organisation mean your team’s isolated account in Patcherly—your subscription, team members, connected sites or apps (“targets”), and the data linked to that account. A user is an individual who signs in to Patcherly (workspace owner or invited team member). Individual user accounts belong to that organisation. Plan features means the capabilities and limits included with your subscription tier (for example monthly fix limits, number of targets, auto-analysis, and auto-apply), as shown on our pricing page and in your dashboard.
These Terms of Service (“Terms”) are between Shambix di Jany-Laurence Martelli (“Shambix,” “we,” or “us”) and the individual or entity that accesses or uses the Patcherly® service (“Customer,” “you”). Patcherly® is a registered trademark of Shambix di Jany-Laurence Martelli (“Shambix”) and designates the SaaS marketed under that mark. By registering for or using the Service, you agree to these Terms.
Please also read our Privacy Policy, Data Processing Agreement, and Acceptable Use policy. If you are entering into these Terms on behalf of a company, you represent that you have the authority to bind that entity.
2.1 Provision. Subject to your compliance with these Terms, we grant you a limited, non-exclusive right to access and use the Service for your internal business purposes to monitor and fix your Customer Applications.
2.2 Users. Only Users may access the Service. Each User must be at least 18 years old. You are responsible for your Users’ compliance with these Terms and for keeping login credentials confidential.
2.3 Restrictions. You may not: (a) resell, sublicense, or provide the Service to third parties except as necessary to monitor your own Customer Applications; (b) use the Service to build a competing product or service; (c) reverse engineer, decompile, or attempt to obtain the source code of the Service (except as permitted by applicable law); (d) circumvent security, access controls, or usage limits; (e) use the Service for any illegal or harmful purpose; or (f) submit sensitive personal data (e.g. health information) except as permitted in our Privacy Policy and Data Processing Agreement, or submit payment card numbers in Service Data (e.g. in logs or monitored content) - card payments are processed by Stripe as described in the Privacy Policy. You must not submit protected health information (PHI) as defined under HIPAA or similar laws unless you have a separate written agreement with us that expressly permits such use.
2.4 Connector software, modifications, and support. We publish connector client software under the licenses stated with each package: a proprietary limited-use license for the Python, Node.js, and PHP agents (use and modify only to connect your own Customer Applications to the Service; no redistribution or competitive reuse), and GNU GPLv2 or later for the WordPress plugin (as required by WordPress.org). Official IDE / MCP plugin packages we publish for connecting assistants to the Service (for example Cursor) are licensed as stated with each package (currently the Apache License, Version 2.0). Those licenses govern the software; they do not limit our right to operate, protect, and enforce rules for the Service. Patcherly is a registered trademark, property of Shambix.
We provide product support, documentation, and compatibility assurances only for Official Connector Software as we release it. Forks, patched builds, third-party packages, or other modified or unofficial connector software are not supported, may not behave correctly with the Service, and are used at your own risk.
We may apply technical measures (including rate limiting, throttling, blocking, or requiring authentication) to keep the Service stable and fair for all customers. We may suspend or terminate accounts or access where use of the Service - including via modified connector software - circumvents plan or technical limits, abuses or destabilizes the Service, or harms other customers, as further described in our Acceptable Use policy.
2.5 Customer code, AI processing, and per-organisation learning. We do not use your Service Data - including code excerpts, logs, tracebacks, or suggested patches - to train, fine-tune, or otherwise improve third-party foundation models (e.g. OpenAI, Anthropic) or any general-purpose model that mixes data across customer organisations. The “learning” we perform on your data is per-organisation patch-efficacy: we record whether a suggested fix succeeded, failed, or was rolled back inside your organisation’s account scope on every plan. On paid plans (Core and Pro, the “patch memory” feature), those recorded outcomes are then used as context for future AI analysis for that same organisation so the Service can avoid proposing fixes that already failed for you. Separately, we maintain a service-wide anonymised patch-quality archive that records fix outcomes grouped only by broad categorical attributes (such as programming language, framework, error category, and calendar month). That archive carries no workspace, user, error, or target identifier and no code or patch content and is treated as non-personal data under the GDPR. It is used solely to improve the Service for everyone and is not deleted when an individual account is deleted, as described in the Privacy Policy §4, the DPA §9, and the Subprocessors and data flows document. Where we send error context to AI subprocessors to generate an analysis or patch, that processing is described in those same documents.
2.6 Trademarks. Patcherly® and associated branding (including logos, trade dress, and product graphics as we publish them) are trademarks of Shambix di Jany-Laurence Martelli (“Shambix”). Unless Shambix agrees in writing or the use is plainly nominative fair use (truthfully referring to Patcherly® as your vendor or integration partner), Customer must not use confusingly similar marks, names, or domains, impersonate Shambix, or falsely suggest endorsement, partnership, certification, agency status, or resale or distributor rights where none exist. Goodwill from any permitted use accrues solely to Shambix.
2.7 Optional chat platform integrations. The Service may let you connect optional notification integrations (for example Slack, Microsoft Teams, Discord, or a generic incoming webhook). Connecting is voluntary and is controlled by your workspace administrators in the Service (including choosing channels and which events are posted). Installing or authorising our official Slack app from the Slack Marketplace (or similar platform listings for other chat providers, when offered) is for that notification feature only - it is not a way to purchase a Patcherly subscription; paid plans remain as described in section 3. Your use of the third-party chat platform is also subject to that platform’s terms and policies. Listing on a platform directory does not mean that platform endorses or certifies Patcherly beyond what that platform states in its own materials.
2.8 Publicity and customer references. You grant Shambix a non-exclusive, royalty-free licence to use your company or trade name, the public name or URL of your Customer Applications (for example your website or app), and your logo (if you make one available to us or it is publicly identifiable from your site or app) on patcherly.com, in our dashboard or product materials where we show customers, and in promotional or marketing materials (online or offline), solely to identify you as a customer or user of Patcherly® and to describe that relationship. Unless we agree otherwise in writing, this does not mean we may call you an “endorser” or quote you by name beyond factual customer identification. You represent that you have the right to grant this licence for the names, URLs, and logos you provide or that we reasonably obtain from public sources in connection with your use of the Service.
Identifiable use cases and usage data. We will not publish a use case, case study, testimonial, or other description of your results, Service Data, or workspace usage in a way that identifies you (by name, logo, URL, or other distinctive detail) unless you give us prior consent (for example in writing or through an agreed marketing programme).
Anonymised examples. Without identifying you, we may describe outcomes in generic or anonymised form—for example, “a customer fixed one thousand errors and saved one thousand hours”—using aggregated or rounded figures that do not reveal who the customer is. Service-wide anonymised archives described in section 2.5 and the Privacy Policy are separate from marketing copy and follow those documents.
Publicity opt-out. If you do not want us to use your name, site, or logo as described above, email [email protected] with the subject line Publicity opt-out and enough detail for us to identify your workspace or organisation. We will stop adding new uses promptly and will remove existing references from materials we control within a reasonable period, except where retention is required for legal, archival, or already-printed collateral that cannot reasonably be recalled.
3.1 Plans. You choose a plan at signup (e.g. Personal, Core, Pro). Plans include different features (e.g. monthly fix limits, number of targets). Current plans and features are described on our pricing page and in the Acceptable Use policy.
3.2 Payment. Fees are in EUR unless otherwise stated. We use Stripe for payment processing on our official checkout. By paying for the Service, you agree to Stripe’s terms. Unless section 3.5 applies, your contract for the plan is with Shambix for Patcherly.
3.3 Trials, billing periods, and when charges start. If we offer a free trial or other promotional access to paid features, its purpose is to let you evaluate the Service before a paid billing cycle begins. You are responsible for cancelling before the trial ends (or before the stated conversion time) if you do not wish to be charged - unless applicable law gives you different rights. Plan details, trial length, and when the first payment is taken are shown in the dashboard, checkout, or pricing flow at the time you subscribe.
3.4 Refunds, cancellation, downgrades, and plan changes.
General rule. In most cases we do not offer refunds. Paid access is provided for the Subscription Term you selected; except where applicable law requires otherwise, you do not have a right to a refund simply because you stopped using the Service, changed your mind, or cancelled partway through a period.
Cancellation and downgrade to Personal (free tier). You may cancel your paid subscription or downgrade to the Personal plan (our free tier) from your account or billing settings, subject to what the Service exposes (e.g. Stripe Customer Portal). Cancellation or downgrade typically stops future renewals; your paid access usually continues until the end of the then-current billing period unless we state otherwise in the product. Cancelling or downgrading does not entitle you to a refund of fees already paid for that period or any previous period - again, except where mandatory law requires (for example certain consumer withdrawal or cooling-off rights in the EU or other jurisdictions).
Changing between paid plans. If you upgrade or downgrade between paid plans mid-cycle, our billing system (Stripe) may prorate or credit unused prepaid time toward the new plan, or charge the difference, as shown at checkout or in your billing portal. That is a billing convenience for plan changes - not a guarantee of a refund to your payment method for unrelated reasons.
What we may refund at our discretion. Rarely, we may issue a partial or full refund or account credit where we deem it appropriate - for example a clear duplicate charge, an accidental upgrade reported promptly, or an obvious billing error on our side. On-demand usage, add-ons, or previous billing periods are not eligible for refunds except as required by law. If you believe a charge is wrong, contact us at [email protected]; we will review. No refund policy is a substitute for your statutory rights where those cannot be waived.
Enforcement and breach. If we suspend or terminate for breach of these Terms or the Acceptable Use policy, refunds are limited as described in section 6.3 and in the Acceptable Use policy.
3.5 Purchases through third parties (resellers, marketplaces, app stores). The official way to subscribe to Patcherly paid plans is through our website and checkout we operate (e.g. Stripe checkout linked from patcherly.com or our dashboard). If you obtain a plan or activation through a third party (reseller, bundle, marketplace, app store, or any entity other than us), your payment relationship is with that third party. We are not obliged to honour promises that third party made to you (including pricing, refunds, activation, or plan features), and we may be unable to adjust billing we did not collect. Refund, chargeback, and plan-feature disputes with respect to what you paid the third party must be resolved with the party you paid, subject to any mandatory rights you have against us under applicable law. We may require proof of a valid paid subscription before enabling paid features. This section does not apply when you only install or authorise our optional chat notification apps (e.g. from the Slack Marketplace) without paying a third party for a Patcherly plan - see section 2.7.
3.6 Renewal and cancellation. Subscriptions renew automatically unless you cancel before the end of the current term. You may cancel from your account or billing settings. Cancellation takes effect as described in section 3.4 (typically at the end of the then-current term for paid access). If we propose updated pricing or plan features for your renewal, section 3.8 describes how we notify you and how you may confirm or decline before those changes take effect.
3.7 Taxes. Fees are exclusive of applicable taxes unless shown otherwise at checkout or on your invoice. Where Stripe Tax is enabled for your jurisdiction, applicable VAT, sales tax, or similar charges may be calculated and collected by Stripe and shown on Checkout and invoices. You are responsible for providing accurate billing address and tax ID information in Stripe when required.
3.8 Changes to plans, pricing, and features. We may change our plans, fees, and what each plan includes (its features and limits) from time to time for business, product, or operational reasons. That is part of how we operate the Service, subject to applicable law.
We do not silently move you onto new pricing or a new package of plan features for your next billing period. If an increase in what you pay or a material change to your plan’s features would apply when your subscription would otherwise renew, we will give you reasonable advance notice (for example by email and/or a notice in your account).
Before those changes take effect for your subscription, you will be able to confirm that you accept the updated plan, pricing, or features for the next period, or to decline and end renewal on the new terms (for example by cancelling at period end), using the options we provide in your billing or account settings. Until a change actually takes effect for your subscription, you continue to receive the plan limits and features associated with what you are already paying for during the remainder of your current term, as implemented in the Service.
Your use of the Service is subject to the usage limits and fair use policy set out in your plan and in our Acceptable Use policy. Exceeding limits may result in throttling, suspension, or the need to upgrade. We may apply rate and volume limits to ensure fair use and service stability.
We strive to keep the Service available but do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue the Service or any part of it with reasonable notice where practicable, except in case of urgent security or legal needs.
6.1 Term. These Terms apply from the date you first accept them and continue for the duration of your Subscription Term(s).
6.2 Termination. Either party may terminate for material breach (with a 30-day cure period after written notice), non-payment, or if the other party becomes insolvent or ceases business. We may suspend or terminate access immediately for breach of these Terms or the Acceptable Use policy.
6.3 Effect of termination. On termination, your right to access the Service ceases. We will handle your data as described in our Privacy Policy and Data Processing Agreement (e.g. deletion or return after the subscription ends).
If we terminate or suspend for your breach of these Terms or the Acceptable Use policy, prepaid fees and refunds (including whether any part of a current subscription period is refunded) are as stated in sections 3.4 - 3.5 and in the Acceptable Use policy - generally no refund of the unused portion of a prepaid period except where applicable law requires otherwise.
6.4 Dormant Personal-plan workspace policy. Workspaces on the Personal (free) plan may be classified as dormant when, for at least twelve (12) continuous months, no team member has logged in and all targets show no connector activity or are inactive/not connected. We provide at least thirty (30) days' notice to the workspace account before deletion. If no user logs in during that notice period, we may delete the workspace and related data. This dormant policy does not apply while a paid subscription for the workspace remains active.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT WARRANT THAT THE SERVICE WILL IDENTIFY OR FIX ALL ERRORS IN YOUR APPLICATIONS OR THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD, GROSS NEGLIGENCE, OR WHERE APPLICABLE LAW DOES NOT ALLOW SUCH EXCLUSION.
TO THE FULLEST EXTENT PERMITTED BY LAW: (A) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL); AND (B) OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY.
You will indemnify and hold harmless Shambix and its affiliates from and against any third-party claims, damages, and costs (including reasonable legal fees) arising from: (a) your or your Users’ use of the Service in breach of these Terms; (b) your Service Data or your Customer Applications; or (c) your violation of applicable law.
These Terms are governed by the laws of Italy. Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Florence, Italy. You and we irrevocably submit to the jurisdiction of the courts of Florence, Italy.
We may change these Terms from time to time. We will post the updated Terms on this page and update the “Last updated” date. If changes are material, we may notify you by email or through the Service. Your continued use of the Service after the effective date of the changes constitutes acceptance. If you do not agree, you must stop using the Service and may cancel your subscription.
For legal or company matters related to Patcherly: [email protected]. For general questions or support: [email protected].
Shambix di Jany-Laurence Martelli (“Shambix”) - Patcherly® is a registered trademark.
Via Tornabuoni 4, 50125 Firenze, Italy