Version 1.0, effective as of May 26, 2025
Welcome to JetBrains Air!
These JetBrains Air Early Access Program (EAP) Terms of Service constitute a legally binding agreement, and it is important that you read them carefully.
ACCESS TO JETBRAINS AIR IS SUBJECT TO CONFIDENTIALITY, AND YOU AGREE NOT TO DISCLOSE THE INFORMATION ABOUT JETBRAINS AIR TO THIRD PARTIES. PLEASE SEE SECTION 3.4.
JETBRAINS AIR IS AN AI-CENTRIC CODE EDITOR TOOL CONNECTED TO AI SERVICES PROVIDED BY JETBRAINS DIRECTLY OR IN PARTNERSHIP WITH EXTERNAL AI SERVICE PROVIDERS.
IF YOU USE JETBRAINS AIR, WE MAY SEND YOUR DATA AND INPUTS TO EXTERNAL AI SERVICE PROVIDERS IN ORDER TO OBTAIN THE OUTPUT FOR YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL INFORMATION WHICH YOU DECIDE TO SHARE WITH THESE EXTERNAL AI SERVICE PROVIDERS THROUGH USE OF JETBRAINS AIR, AND FOR WHETHER THAT INFORMATION CONTAINS ANY SENSITIVE OR OTHERWISE PROTECTED DATA.
JETBRAINS AIR IS STILL IN ITS EARLY STAGE AND HAS AN EXPERIMENTAL CHARACTER, AND THE OUTPUTS MIGHT NOT ALWAYS BE CORRECT. YOU ARE RESPONSIBLE FOR EVALUATING WHETHER THE OUTPUTS ARE CORRECT AND FIT FOR YOUR PURPOSES. PLEASE NOTE THE DISCLAIMERS AND LIMITATIONS OF LIABILITY BELOW IN SECTIONS 7 AND 8, AS WELL AS THE INDEMNIFICATION PROVISIONS IN SECTION 6.
WITH YOUR ADMISSION TO THE EAP, YOU ARE GIVEN THE RIGHT TO ACCESS, USE, AND EVALUATE JETBRAINS AIR FOR FREE WITHIN THE EAP. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THE EAP, DENY OR LIMIT ACCESS, OR END THE EAP AT ANY TIME.
You understand that by accepting these JetBrains Air EAP Terms of Service (by clicking the “I agree” or a similar button that is presented to You at the time of installation of JetBrains Air on Your device, or when You otherwise access JetBrains Air), You enter into a legal agreement and agree to certain legal conditions for Yourself or for the legal entity that You represent.
By accepting these JetBrains Air EAP Terms of Service, You confirm that You understand them, agree to them, and are at least 13 years of age.
These JetBrains Air EAP Terms of Service (“Terms”) describe how you can access and use JetBrains Air.
Accepting the Terms creates a legal agreement between JetBrains s.r.o., a company registered in the Commercial Register of the Prague Municipal Court, Section C, File 86211, ID No. 265 02 275 with its registered office at Na Hřebenech II 1718/8, Prague, 14000, Czech Republic (“JetBrains”, “We”, or “Us”) and you, either a legal entity or a natural person (“You”). We and You may each also be referred to individually as a “Party” or jointly as the “Parties”.
If You accept these Terms on behalf of a legal entity, You confirm (‘represent and warrant’) that You are authorized to enter into agreements on behalf of that legal entity. If these Terms are accepted using an email address provided by a legal entity, We will regard (‘deem’) You as authorized to represent that legal entity. You must be able to enter into contracts (‘have capacity’).
a) Special legal phrases
There are certain phrases that have an accepted meaning for lawyers. To ensure these Terms are clear and accessible, We have included the accepted ‘legal’ phrase in parentheses after the word to show that We intend it to have the accepted ‘legal’ meaning.
b) Definitions
There are also words or phrases in these Terms that have a particular defined meaning. These Terms also use the following definitions:
“Affiliate” means, with respect to any Party, any entity that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control of that Party. “Control” for such purposes means the possession, direct or indirect, of the power to direct or affect the direction of the management and policies of a person or entity, whether through the ownership of voting securities, by contract, or otherwise. You are responsible for the compliance of Your Affiliate with these Terms.
“Data” means any of Your data processed in JetBrains Air. The Data may include the source code processed in JetBrains Air, information derived from the source code, and/or usage-related information from the User’s device submitted together with the Input. When You use JetBrains Air, it may automatically select, read, and process some of Your Data in order to understand the context in which it should provide an Output.
“Documentation” means the latest versions of all online JetBrains Air technical documentation, including the description of the main features of JetBrains Air available on the JetBrains Website.
“EAP” means any of the Early Access, Beta, Preview, and Nightly programs as referenced in the preamble of the Terms and described on the JetBrains Website and/or in the Documentation.
“EAP Term” means the period during which You can use JetBrains Air under these Terms as determined by Us.
“Input” means any instruction, source code snippet, text, or other information submitted by You or Your Users to JetBrains Air in order to generate an Output.
“JetBrains Acceptable Use Policy” means JetBrains AI Acceptable Use Policy, which is available at https://www.jetbrains.com/legal/docs/terms/jetbrains-ai/acceptable-use/.
“JetBrains Account” means an account created by You at https://account.jetbrains.com enabling the administration of and/or access to JetBrains Air.
“JetBrains Website” means the website at https://www.jetbrains.com/ and any other website operated by Us.
“Output” means the source code, text, or other information received as a response to the Input, which is generated by JetBrains Air.
“JetBrains Air” means the JetBrains software product known as “JetBrains Air”, which includes (a) all downloadable parts of JetBrains Air that are provided by JetBrains in binary form, (b) the hosted service enabling generation of Outputs, (c) the Documentation, (d) updates to JetBrains Air, and (e) incorporated Third-Party Software.
“Third-Party Software” means any third-party software program that is owned or licensed by someone other than Us.
“User” means any employee, independent contractor, or other individual who obtains access to JetBrains Air from You (including, for the avoidance of doubt, Your Affiliates).
3.1. License. You may install JetBrains Air on Your device and use it as described in Section 3 of the Terms as long as You comply with these Terms. This license is provided worldwide, non-exclusively, non-transferably, non-sublicensably, free of charge, and royalty-free for the EAP Term for any commercial or non-commercial purposes.
3.2. Updates. We may issue from time to time updates to JetBrains Air in the form of a higher-numbered version of JetBrains Air. These updates may change JetBrains Air features and/or functionality, and if You install the newer version of JetBrains Air, You agree with these changes and acknowledge that updates are subject to the Terms, unless otherwise stated herein.
3.3. Restrictions. Without Our express written permission (or unless this right is granted by applicable law), You may not:
(c) modify, alter, adapt, translate, enhance, tamper with, repair, or otherwise create derivative works of the JetBrains Air or any part thereof;
(d) sell, rent, lease, sublease, license, sublicense, lend, time-share, transfer, assign, provide the use of, or otherwise give JetBrains Air or access to JetBrains Air to any third party, whether in whole or in part;
(e) use, or try to use JetBrains Air in a way that avoids incurring fees (if applicable), overcome technical restrictions, security protection, or authentication methods;
(f) utilize any procedures or tools to bypass JetBrains Air security, or utilize or allow JetBrains Air to be utilized for the purpose of hacking, tunneling, or otherwise gaining unauthorized access to any computer or system; and
(g) access JetBrains Air in order to build a similar or competitive product or service, as well as copy any ideas, features, functions, or graphics of JetBrains Air or any part thereof.
3.4. Confidentiality. You understand that JetBrains Air is released in a closed EAP, and all information about JetBrains Air and its release represents Our confidential information. You agree to keep this information confidential during the EAP Term, and not to disclose it to any third party except as expressly required by applicable law.
3.5. Your Responsibilities. You are responsible for:
(a) creating and maintaining a JetBrains Account and the permissions You grant to Your Users – including registering User accounts – and Your and Your Users’ actions and omissions while using JetBrains Air. If You become aware that any User breaches these Terms, You must notify Us and immediately revoke that User’s access to JetBrains Air;
(b) keeping Your usernames, passwords, and access tokens confidential and secure, and making sure that Your Users do the same;
(c) using JetBrains Air in accordance with the Documentation and the JetBrains Acceptable Use Policy;
(d) maintaining a suitable internet connection in order to access Your JetBrains Account and JetBrains Air and to receive any deliveries (all the deliveries under the Terms will be electronic). It is also Your responsibility to have access to any hardware and any third-party software needed to run JetBrains Air and a browser with compatible data security protocols;
(e) managing all Inputs that You or Your Users submit to JetBrains Air (including ensuring that it is legal for You and Your Users to make these submissions) and deciding on which Data will be accessible to JetBrains Air. You are also responsible for all legal consequences, such as claims, damages, losses, liabilities, costs, and expenses, that result from Your Inputs. If You become aware that any of Your Inputs breach these Terms or the rights of another person (‘third party’), You must notify Us without undue delay;
(f) making sure that Outputs provided by JetBrains Air are correct and can be used for Your purposes; and
(g) ensuring that You and Your Users use JetBrains Air in compliance with all applicable laws and governmental regulations.
4.1. Our Rights. All intellectual property rights or other proprietary rights to JetBrains Air are retained by Us or our licensors. This includes all JetBrains Air-related copyrights, trademarks, patents, and other registered or unregistered intellectual property. With the exception of the license granted to You under these Terms, nothing in the Terms grants, by implication or otherwise, to You or any third party any intellectual property rights or other right, title, or interest in or to JetBrains Air or any other intellectual property.
4.2. Your Inputs and Data. As between You and Us, and to the extent permitted by applicable law, You own the Inputs and Your Data and keep all proprietary rights, including intellectual property rights to them. We may only use Your Data and Inputs as described in these Terms or if You give us permission. Every time You submit an Input and/or Data to JetBrains Air, You confirm that You have the right to submit them and understand that You are doing so at Your own risk and that You are solely responsible for this step and all consequences of its use in JetBrains Air. You also indemnify Us from any liability relating to Your Inputs and Data (see the “Indemnification” Section).
4.3. Your Rights to Outputs. The Outputs generated in response to Your Inputs will be considered Your Data, and We will not claim any right to, title to, or interest in them. You acknowledge that Outputs are generated as a non-exclusive response to Your interaction with JetBrains Air, and therefore, the same or similar Outputs can also be generated for other users of JetBrains Air based on their inputs or the context of their use of JetBrains products. You also understand that the Outputs are sometimes a result generated by third-party large language models and, as such, can be subject to third parties’ rights, including open-source licenses.
4.4. Feedback. To the extent You provide any ideas, suggestions, recommendations, proposals, or other feedback to JetBrains Air, You give Us the right to use, change (‘modify’), commercialize, and incorporate any of them into JetBrains Air. You cannot withdraw this permission after it is given (it is irrevocable), and it is perpetual. You acknowledge that We are not required to pay a fee for this feedback and that We can transfer and give similar rights to (‘sublicense’) Your feedback to anyone else worldwide, including our Affiliates.
4.5. Third-Party Software. You understand that JetBrains Air integrates Third-Party Software and that by using JetBrains Air, You might be using Third-Party Software. This Third-Party Software is provided to You on the terms and conditions of the respective Third-Party Software, and You need to comply with those terms and conditions, which are available at https://www.jetbrains.com/legal/third-party-software or in the Documentation. Nothing in these Terms limits Your right to use Third-Party Software under those applicable terms and conditions.
5.1. Access Control. You give Us permission to access Your Inputs, Data, and Outputs for the following purposes:
(a) We can access and utilize Your Inputs, Data, and Outputs for the purpose of providing You with JetBrains Air;
(b) We can access Your Inputs, Your Data, and Outputs if We have a good reason to (‘reasonably’) believe this access is required to maintain the ongoing confidentiality, integrity, availability, performance, and resilience of Our systems and JetBrains Air;
(c) We have the right to access, review, and remove all or a part of Your or Your Users’ Inputs and Outputs if We have a good reason to (‘reasonably’) believe that such Inputs or Outputs breach the law or the Terms. You understand that there are laws that could require Us to disclose Your Inputs, Data, and Outputs, and, if these laws apply, We are obliged to comply with them; and
(d) We have the right to analyze and use behavioral data related to Your use of JetBrains Air for usage analysis and products improvement as described in the Data Collection and Use Policy available at https://www.jetbrains.com/help/ai/data-collection-and-use-policy.html.
5.2. Engagement of External AI Service Providers. JetBrains reserves the right to use third-party language models, provided by external AI service providers, the list of which is available at https://www.jetbrains.com/legal/docs/terms/jetbrains-ai/service-providers/ (“AI Service Providers”). You give Us permission to process Your Inputs and Data that We select and to share them with these AI Service Providers for the purpose of providing JetBrains Air. You agree that We may engage a new AI Service Provider at any time.
5.3. Use of Your Inputs, Data, and Outputs for Service Improvement. If You consent to detailed data collection, You give Us permission to host, store, and alter Your Inputs and Your Data in JetBrains Air, copy them to Our database, make backups, and analyze them on Our servers for improvements of Our products and services as described in the Data Collection and Use Policy available at https://www.jetbrains.com/help/ai/data-collection-and-use-policy.html.
5.4. No Use of Your Inputs and Data for Training of Language Models. We undertake that We will not use Your Inputs, Data, and Outputs for training of any AI model that generates code, text, or another type of output from which Your Inputs, Data, Outputs, and Suggestions could be extracted, unless You agree to it. When We engage AI Service Providers for JetBrains Air, We ensure that they are bound by substantially the same restrictions. However, Your Inputs, Data, and Outputs may be monitored by Us or the AI Service Providers to prevent violation of applicable acceptable use policies and may be stored and used for a limited period.
6.1. Indemnity. If there are any claims, damages, losses, liabilities, or fees and similar expenses, including JetBrains Air (reasonable) attorney fees, brought against Us or the AI Service Providers that are related to any of the following claims (each of these is defined as a “Claim”):
(a) Access and use of JetBrains Air – Your or Your Users’ access or use of JetBrains Air. This includes all activities related to Your JetBrains Account and any actions taken by Your Users in relation to JetBrains Air;
(b) Breach of these Terms – the breach of these Terms (including JetBrains Acceptable Use Policy) by You or any of Your Users;
(c) Your Inputs, Data, and Outputs – Your Inputs, Data, and Outputs (or any combination of them), infrastructure, or processes. This includes any allegation that Your Inputs, Data, and Outputs, or their use, development, design, production, advertising, or marketing, infringe upon the rights of someone else, or that You have illegally or without permission claimed someone else’s rights; or
(d) Disagreements – disagreement between You, or any of Your Users, and another person;
then You agree to indemnify, defend, and hold Us and Our owners, directors, employees, agents, and representatives harmless, and to indemnify, defend, and hold Our Affiliates or the AI Service Providers and their owners, directors, employees, agents, and representatives harmless, from any and all Claims.
6.2. Indemnity Claims. We will promptly let You know if someone makes a Claim. If We fail to let You know quickly, then that failure will only affect Your obligation to indemnify Us to the extent that Our failure to inform You quickly adversely affected Your ability to defend Us against the Claim. When You are defending Us against the Claim, You can choose Your own lawyer, with Our written permission. If You have Our written permission, You can resolve (‘settle’) the Claim as You decide (‘at Your discretion’). However, We can take full control of Your defense and settlement at any time.
7.1. No Expressed Warranty. JetBrains Air is licensed to You on an “as is” and “as available” basis. This means that You agree to use it at Your own risk, and We make no express warranty as to JetBrains Air’s use or performance and do not represent or warrant that in any way that JetBrains Air and generated Outputs:
(a) are accurate, reliable, or correct;
(b) will meet Your requirements;
(c) will be available at any particular time or location, uninterrupted, or secure;
(d) are free of defects or errors, and that any, if found, will be corrected; and/or
(e) are free of viruses or other harmful components.
7.2. Disclaimer of Warranties. To the maximum extent permitted by applicable law, We disclaim all warranties and conditions, whether express or implied (including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement) with regard to JetBrains Air and the provision of any related support, updates, or upgrades.
7.3. No Rights from Defective Performance. As JetBrains Air is provided free of charge, to the maximum extent permitted by applicable law, You acknowledge that You have no rights from defective performance, and You waive all statutory rights arising from defective performance.
8.1. Exclusion of Damages. To the maximum extent permitted by applicable law, in no event will We be liable to You, Your Affiliates, users, or anyone else for:
(a) any special, incidental, indirect, consequential, exemplary, or punitive damages whatsoever, including for lost profit;
(b) any loss of use, data, goodwill, or profits, whether or not foreseeable; and
(c) any loss or damages in connection with the termination or suspension of Your access to JetBrains Air in accordance with the Terms;
(d) and You waive a right to claim compensation for any such loss or damage.
8.2. Limitation of Liability. Our total liability in all matters arising out of or in relation to these Terms is limited to the greater of ten (10) U.S. dollars or the aggregate amount paid or payable by You under these Terms during the three-month period preceding the event giving rise to the liability, and You waive a right to claim compensation for any excess loss or damage. This limitation will apply even if We have been advised of the possibility of liability exceeding such an amount and notwithstanding any failure of the essential purpose of any limited remedy. This limitation will not apply to cases when the liability cannot be limited by the applicable law.
8.3. Force majeure. We will not be responsible for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond Our reasonable control. This includes any ‘acts of God’, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, public health emergencies, earthquakes, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
We can immediately suspend Your or Your Users’ right to use JetBrains Air or some of its features if We have a good reason to believe that:
(a) You reached or exceeded the quotas, rate limits, and/or other mechanisms that are set by Us for Your usage of JetBrains Air (these limits may be subject to change during the EAP Term);
(b) Your or Your Users’ use of JetBrains Air might adversely impact or pose a security, privacy, or legal risk to JetBrains Air or any of its parts, Us, or another person (third party);
(c) You or Your Users breached the Terms, applicable law, Our policies, including JetBrains Acceptable Use Policy, or someone else’s rights.
We will make a reasonable effort to let You know of a suspension. Suspensions are temporary, but if the reasons for suspension are not resolved, We can end these Terms (see the “Term, Termination, and Withdrawal” Section).
10.1. Term. These Terms will commence upon their acceptance by You, and they will continue for the applicable EAP Term determined by Us, unless it is terminated earlier by either Party pursuant to the Terms or applicable law.
10.2. Termination. We may terminate the Terms by a simple notice sent to You via email or otherwise in writing if:
(a) You breached the Terms and failed to remedy the breach within thirty (30) days of written notice;
(b) We are required to do so by law (for example, where the provision of JetBrains Air is, or becomes, unlawful); or
(c) We elect to discontinue providing JetBrains Air, in whole or in part; in this case, We will send the notice at least thirty (30) days before the termination.
10.3. Withdrawal. You have the right to cease using JetBrains Air and withdraw from the Terms at any time without providing any reason. In such a case, You must uninstall and cease using JetBrains Air.
10.4. Survival. Upon expiration or termination of the Terms, Sections 3.4., 4, 6, 7, 8, 11, and 12 of the Terms will remain in effect.
11.1. Export Control Compliance. You must comply with all applicable laws and regulations with regard to economic sanctions, export controls, import regulations, restrictive measures, and trade embargoes (all herein referred to as “Sanctions”), including those of the European Union and the United States. You declare and warrant that You are not a person targeted by Sanctions, nor You are otherwise owned or controlled by or acting on behalf of any entity or person targeted by Sanctions. You agree that You will not download or otherwise export or re-export JetBrains Air or any related technical data directly or indirectly to any person targeted by Sanctions or download or otherwise use JetBrains Air for any end use prohibited or restricted by Sanctions.
11.2. Reporting of Non-Compliance. You must immediately report any concerns of non-compliance regarding Sanctions to compliance@jetbrains.com and cooperate with Us in Our efforts to verify and ensure compliance with Sanctions.
12.1. Reservation of Rights. We reserve the right at any time to cease Our support of JetBrains Air and to alter prices, features, specifications, capabilities, functions, terms of use, release dates, general availability, and other characteristics of JetBrains Air. We reserve the right to limit Your use of JetBrains Air through quotas, rate limits, and other mechanisms. We can also alter, limit, or cease to provide JetBrains Air support at any time.
12.2. Severability. If any provision of the Terms is or becomes invalid, illegal, or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of any other provision of the Terms.
12.3. Changes. These Terms can be updated from time to time to reflect changes in JetBrains Air and how it is offered to You. We will notify You about these updates either by displaying them to You in JetBrains Air, in Your JetBrains Account, or by sending the updated Terms to the email address used in Your JetBrains Account. Any updated Terms will start (come into effect) on the date specified in the updated Terms. By continuing to use JetBrains Air after the effective date, You agree to be bound by the updated version of the Terms.
12.4. No Waiver. Our failure to enforce or exercise any part of the Terms is not a waiver of the respective Section.
12.5. No Assignment. You may not assign or otherwise transfer any right or obligation under the Terms to a third party without Our prior written consent.
12.6. Entire Agreement. The Terms constitute the entire agreement between You and Us in relation to their subject matter and replace and supersede all prior agreements, representations, understandings, and undertakings of any nature made, whether oral or written, in relation to that subject matter.
12.7. Governing Law and Disputes Resolution. The Terms are governed by the laws of the Czech Republic, without reference to conflict of laws principles and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods. Any disputes arising out of or in connection with the Terms will be finally resolved by a competent court of the Czech Republic having territorial jurisdiction based on Our registered office, unless otherwise provided for by applicable consumer laws.
12.8. Personal Data. Any information directly or indirectly identifying an individual or other data protected under an applicable law as personal data (“Personal Data”) that We will process on Your behalf in connection with the Terms, will be processed in accordance with the Data Processing Addendum at https://www.jetbrains.com/legal/dpa/, which is a part of the Terms. We may also process some of Your Personal Data in connection with the Terms in our capacity as a data controller in accordance with our Privacy Notice, which is available at https://www.jetbrains.com/legal/docs/privacy/privacy/.
12.9. Consumer Protection. If You are a consumer, You may have certain rights, which may not be limited or excluded and which may vary from jurisdiction to jurisdiction. To the extent to which the exclusions or limitations in these Terms are not legally permitted, such provisions shall not apply to You. This shall in no way affect the validity or the applicability of the remaining provisions of the Terms. If You are a consumer, You may further have a right to raise a complaint with a supervisory authority or settle a dispute out of court through the extrajudicial dispute resolution entity. For more information, depending on Your country, please visit https://www.jetbrains.com/legal.
For further information, please contact us at legal@jetbrains.com.