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Telemetry & Developer-Tools Data Policy (SDK / CLI / Observer)

Last updated: 2026-07-10

0. About this Policy

This Telemetry & Developer-Tools Data Policy (this "Policy") explains what data is collected, transmitted, stored, and processed when you install, run, or use Recovea's developer-side tooling — the Recovea SDK, the recoveactl command-line interface ("CLI"), the local audit/observer utility (the "Observer"), and any related local-first developer tools (collectively, the "Developer Tools"). It describes the local-first, metadata-only design of those tools, the choices you have over telemetry, and how this Policy fits alongside Recovea's broader legal documents.

This Policy is published by Recovea, Inc., a Delaware corporation ("Recovea," "we," "us," or "our"). Recovea is a bootstrap-funded US company; nothing in this Policy concerns investment or securities.

This Policy is incorporated into and forms part of the Recovea Terms of Service / Master Subscription Agreement and any applicable Order Form (together, the "Agreement"), and is supplemented by the Recovea Privacy Policy and, where Recovea Processes Customer Personal Data on a Customer's behalf, the Data Processing Addendum ("DPA"). Where Recovea Processes Customer Personal Data on Customer's behalf, the DPA is automatically incorporated into and forms part of the Agreement and applies by default (including its CCPA/CPRA service-provider terms and US-state addendum; the international-transfer addendum remains dormant for the United States–only posture but available). Capitalized terms used but not defined here have the meanings given in the Agreement, the Privacy Policy, or the DPA.

Who this Policy binds; "you," "Customer," and "Authorized User." The Developer Tools are made available to Recovea's business customers ("Customer") and the individual developers and operators a Customer authorizes ("Authorized Users"). Except where the context clearly refers to an individual's own act (such as enabling a setting or initiating an opt-in diagnostic capture), "you" means the Customer — the contracting business entity. The Customer is responsible for its Authorized Users' compliance, and the indemnification obligations in Section 14 and the liability obligations in Section 13 are borne by the Customer entity, not by individual Authorized Users.

Scope of use. The Developer Tools are for business use only, by persons 18 years of age or older, and are not intended for personal, family, or household use. The Service operates from the United States; see Section 12.

Order of precedence. In the event of a conflict between this Policy and another Recovea document, Section 25 controls.

1. Definitions

For purposes of this Policy:

  • "Developer Tools" means, individually and collectively, the Recovea SDK (an open-source, drop-in client library with Provider fallback), the recoveactl CLI, the Observer (a free, local-first, metadata-only spend/usage audit and observability utility), and any updates, command-line binaries, agents, edge collectors, libraries, configuration files, and documentation we provide for local installation or execution, together with any successor or related local-first developer tooling we designate as governed by this Policy.
  • "Local-First" means designed to run, and to do its primary work, on infrastructure you control — your developer workstation, build agent, container, or server — rather than on Recovea infrastructure, and to function for its core purpose without transmitting data to Recovea.
  • "Metadata-Only" means limited to descriptive and quantitative measurement data about AI/model usage and spend, and expressly excluding the substantive bodies of requests and responses (i.e., prompt text, completion/response text, embeddings inputs/outputs, file contents, tool-call arguments and results, and similar payloads). See Section 2 for the full inclusion/exclusion list.
  • "Inference Content" means the substantive request and response payloads exchanged with a Provider — including prompts, system instructions, messages, completions, embeddings inputs/outputs, tool inputs/outputs, and any attachments or files — together with any personal data they may contain. Inference Content is not collected, transmitted, or exfiltrated by the Developer Tools except as you expressly enable under Section 2.4 (opt-in diagnostics).
  • "Telemetry" means Metadata-Only measurement, diagnostic, and operational signals that a Developer Tool may transmit to Recovea, where and only where transmission has been enabled. Telemetry never includes Inference Content.
  • "Usage Metadata" (also "Usage Data") means Metadata describing AI/model calls and spend — for example, timestamps, Provider and model identifiers, token counts, request counts, latency, cost estimates, status/result codes, and cache-hit indicators — without the underlying Inference Content.
  • "Provider" means a third-party model or AI service provider. "Provider Keys" means the API keys, credentials, and account access that you bring and own for your own Provider accounts.
  • "Customer Personal Data" means personal data within Inference Content or other Customer data that Recovea Processes on Customer's behalf and for which Customer is the controller (or business). "Process," "controller," "processor," "business," and "service provider" have the meanings given under applicable data-protection law and the DPA.
  • "the Ledger" means Recovea's append-only, hash-chained, offline-re-derivable cost-integrity record.
  • "Customer," "Authorized User," "Service," "Services," "Order Form," "Fees," "Subscription," and "Aggregated/De-identified Data" have the meanings given in the Agreement; see also Section 8.2 for the "Services" umbrella.

2. What the Developer Tools collect

2.1 Local-first, metadata-only by design

The Developer Tools are built to be Local-First and Metadata-Only. Their core function — auditing, measuring, and reporting on your AI/model usage and spend — runs on infrastructure you control. The Observer in particular performs a local, metadata-only audit of developer AI spend and usage and is designed to operate without sending the substance of your requests or responses anywhere. It is intended to collect developer-spend and usage metadata across the AI tools you use — not the bodies of your prompts or completions.

2.2 Metadata that may be collected and computed locally

When you run the Developer Tools, they may read, compute, or record the following Metadata locally on your machine, and — only if Telemetry is enabled (Section 3) — transmit it to Recovea:

  • timestamps and time ranges of AI/model calls;
  • Provider and model identifiers (e.g., provider name, model name/version);
  • request and response counts and request identifiers/hashes (not bodies);
  • token counts (input/output/total) and other usage units;
  • estimated and reported cost/spend figures and currency;
  • latency, duration, and performance measurements;
  • HTTP status codes, error classes, result/finish codes, and retry/fallback indicators;
  • cache-hit / deduplication indicators and request-hash keys;
  • coarse configuration metadata (e.g., which Developer Tool, its version, enabled features, and non-secret settings);
  • environment metadata necessary to run the tool (e.g., operating-system family, architecture, runtime/language version, CLI version); and
  • error and crash diagnostics, where you have enabled diagnostic Telemetry. Because stack traces, crash dumps, and diagnostic bundles can incidentally capture variable values, argument data, prompt fragments, or secret fragments, Recovea designs its diagnostic Telemetry to scrub or omit variable values, argument data, prompt/response fragments, and secret material on a commercially reasonable, best-efforts basis. Recovea cannot guarantee that automated redaction removes every fragment; any crash or diagnostic bundle that could contain such fragments is treated as opt-in captured-body data subject to the short, bounded TTL in Section 6.

2.3 What the Developer Tools do NOT collect (no Inference-Content exfiltration)

By design and by default, the Developer Tools do not collect, read for transmission, transmit, upload, or exfiltrate:

  • the bodies of your AI requests or responses — i.e., prompt text, system instructions, message content, completions/response text, embeddings inputs/outputs, tool-call arguments or results, or any attached files or documents (collectively, Inference Content);
  • your Provider Keys or other Provider credentials, which stay client-side and are used locally to read your own Provider usage/billing where applicable (see Section 5);
  • secrets, environment variables, source code, or file contents beyond the non-secret configuration Metadata described in Section 2.2; or
  • keystrokes, screen contents, clipboard contents, or general filesystem contents.

Recovea designs the Developer Tools so that Inference Content does not leave your environment through them, except as you expressly enable under Section 2.4. The Developer Tools are not designed to contain any hidden or undisclosed back-channel for Inference Content. This is a description of design intent, not a warranty; see Section 11.

2.4 Optional, opt-in diagnostic capture

In limited cases, you may affirmatively choose to share additional diagnostic detail with Recovea to troubleshoot a specific problem — for example, by running the CLI with an explicit diagnostic/verbose-upload flag, or by attaching a diagnostic bundle to a support request. Any such capture:

  • is off by default and requires your explicit, per-use action;
  • is described to you at the point of capture before anything is sent;
  • should be reviewed and redacted by you before transmission; and
  • where it could include request/response bodies or fragments thereof, is treated as opt-in captured-body data subject to a short, bounded time-to-live (TTL) of 24 hours, after which it is deleted, consistent with the retention rules in Section 6.

You are responsible for not transmitting Inference Content, secrets, or personal data you do not intend to share when you use an opt-in diagnostic feature.

2.5 Regulated and special-category data

You must not submit, transmit, or cause the Developer Tools to Process protected health information (HIPAA), payment-card / cardholder data (PCI), biometric identifiers, government-issued identification numbers, children's data, or other special-category or regulated data unless separately agreed in a signed writing with Recovea. Recovea is not a HIPAA Business Associate, and the Developer Tools are not HIPAA- or PCI-validated. You are solely responsible for compliance with laws applicable to such data and for not transmitting it through the Developer Tools or any opt-in diagnostic feature.

3. Opt-in / opt-out — your control over Telemetry

3.1 Telemetry is your choice; as-shipped defaults

The Developer Tools are designed to do their core work without transmitting anything to Recovea. As shipped:

  • No Inference Content is ever transmitted by default, under any setting.
  • SDK and CLI Metadata Telemetry is OFF by default (opt-in) and transmits no Metadata to Recovea until you affirmatively enable it.
  • The Observer is local-first: it transmits nothing to Recovea, and its audit results are produced and viewable locally, until you connect a Recovea account or otherwise enable Telemetry.

Where a Developer Tool offers Telemetry, you control whether it is enabled, that control is clearly disclosed, and you can disable it at any time. The current, authoritative default and mechanism for each Developer Tool are documented in that tool's README/documentation and will match the as-shipped behavior described above.

3.2 How to opt out / opt in

You can enable or disable Telemetry through documented mechanisms, which may include:

  • an environment variable (for example, a RECOVEA_TELEMETRY / --no-telemetry style switch);
  • a configuration-file setting;
  • a CLI flag or interactive prompt on first run; and/or
  • account- or project-level settings in the Recovea dashboard for tools connected to your account.

Disabling Telemetry does not impair the Developer Tools' core local functionality. Connecting a Developer Tool to your Recovea account (e.g., to populate your dashboard or the Ledger) necessarily transmits the Metadata required for that feature; if you do not want that transmission, do not connect the tool, or disable the connected feature.

3.3 Withdrawal is forward-looking

You may withdraw Telemetry at any time; withdrawal applies prospectively and does not affect Metadata lawfully Processed before withdrawal. Deletion of already-transmitted Metadata is handled under Section 6 and the Privacy Policy/DPA.

4. How Telemetry is transmitted and secured

Where transmission has been enabled, Metadata Telemetry is sent to Recovea over encrypted transport (TLS) to Recovea endpoints and is processed and stored on Recovea's infrastructure in the United States (AWS, US region) as described in the Privacy Policy and the Recovea Security Statement.

For data in transit and at rest within Recovea's infrastructure, Recovea applies encryption and per-tenant isolation as described in the Recovea Security Statement, which is the controlling description of Recovea's security posture; no statement in this Policy is intended to exceed it. The Developer Tools are designed to restrict outbound network traffic to the endpoints required for their function (e.g., your own Providers and, where Telemetry is enabled, Recovea), consistent with Recovea's egress-allowlist posture. Recovea transmits Telemetry only over channels you have enabled.

5. Provider Keys stay client-side (BYO-Key)

The Developer Tools operate on a bring-your-own-key (BYO-Key) basis. You bring and own your Provider accounts, relationships, and Provider Keys, and you pay your Providers directly. When a Developer Tool needs your Provider Key — for example, to read your own Provider usage/billing locally, or to make calls through the SDK — that key is used client-side, on infrastructure you control, and is not transmitted to Recovea by the Developer Tools.

Recovea is a neutral conduit and tool. Recovea does not resell, mark up, sponsor, fund, or take custody of Provider tokens or Provider spend, and is not a party to your agreements with your Providers. Your Providers are your recipients/processors or independent controllers — not Recovea sub-processors. You are responsible for complying with your Providers' terms and for any charges your Providers assess. Cost and spend figures produced by the Developer Tools are estimates unless Recovea expressly designates a figure "verified" in writing (see Section 10); nothing here guarantees savings, cost, output quality, availability, or any financial outcome (see Section 11).

> Note on the in-path gateway. The Developer Tools described in this Policy are local-side developer utilities. They are distinct from Recovea's hosted, in-path gateway service (api.recovea.ai), whose data handling is governed by the Agreement, Privacy Policy, and DPA. Where a Developer Tool is configured to send traffic through the hosted gateway, the gateway's terms also apply to that traffic.

6. Retention and deletion

Locally stored data. Metadata, logs, caches, and audit results that a Developer Tool stores on your machine remain under your control. You may delete them using your operating system or documented tool commands at any time.

Transmitted Metadata. Metadata Telemetry that you transmit to Recovea is retained in accordance with the Recovea Privacy Policy and applicable retention schedule — by default approximately 30 days on Free, 90 days on Developer, 365 days on Team and Growth, and 1,095 days on Scale, matching the retention ladder published in the Data Retention & Deletion Policy — after which it is deleted or de-identified, except where a longer period is required by law (for example, billing records retained for approximately 7 years for tax/accounting purposes) or as needed to resolve disputes or enforce agreements.

Opt-in captured-body data. Any opt-in diagnostic capture that could include request/response bodies or fragments thereof (Sections 2.2 and 2.4) is subject to a short, bounded TTL of 24 hours and is then deleted.

Deletion requests. You may request deletion of Metadata associated with your account as described in the Privacy Policy and DPA. We honor such requests without undue delay, subject to legal-retention and security-integrity exceptions.

Ledger / integrity-record carve-out. Recovea maintains an append-only, hash-chained integrity record (the Ledger) and related integrity logs. Where data has been written to such an immutable integrity record, Recovea may, instead of erasing the record (which would break its tamper-evidence and is impermissible by design), retain a content-free integrity record — for example, a tombstone entry and severance of identifiers — as permitted by applicable law, using Recovea's erasure tooling as described in the Recovea Security Statement. This carve-out is stated identically across Recovea's Privacy Policy, DPA, Retention Policy, Security Statement, and acceptable-use materials.

7. Relationship to the Privacy Policy, DPA, and Agreement

This Policy is a supplement, not a replacement. It does not expand the categories of data Recovea may Process beyond what the Privacy Policy and DPA permit; it narrows them for the Developer Tools by committing to a Local-First, Metadata-Only design.

  • The Privacy Policy governs Recovea's overall handling of personal data, including the legal bases, your rights, and Recovea's role. With respect to Telemetry and Usage Metadata transmitted to Recovea, Recovea acts as a controller for the limited purposes of operating, securing, supporting, and improving the Service (which provides the stated basis for the Aggregated/De-identified Data uses in Section 15); where Recovea Processes Customer Personal Data on Customer's behalf, Recovea acts as a processor (or service provider) and the Customer is the controller (or business). Because the Developer Tools are Metadata-Only by default, they are not designed to Process Customer Personal Data at all.
  • The DPA governs Processing of Customer Personal Data carried out on a Customer's behalf and is automatically incorporated into the Agreement where such Processing occurs. International-transfer annexes (e.g., Standard Contractual Clauses and UK/Swiss addenda) live only in the DPA and are dormant for the United States–only posture; this Policy is a pointer to the DPA and makes no independent transfer representations.
  • The Agreement governs your license to and use of the Developer Tools, including the disclaimers, limitations, and indemnities below.

If anything in this Policy is inconsistent with the Privacy Policy or DPA as to personal data, the Privacy Policy and DPA control.

8. License, scope, and reservation of rights

8.1 License grant; contractual hook independent of any code license

Subject to your compliance with the Agreement and this Policy, Recovea grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Developer Tools for your internal business purposes during the term of the Agreement. Open-source components of the Developer Tools (including the SDK) are additionally and independently licensed under their stated open-source license terms, which control as to the copyright permissions in the code for those components.

Separately from, and in addition to, any open-source code license, your installation or use of any Developer Tool — including the open-source SDK — is a contractual acceptance of this Policy and is subject to its data-handling, business-use/age-gate, restriction (Section 8.3), regulated-data (Section 2.5), dispute-resolution (Section 18), and liability (Section 13) terms. An applicable open-source license governs only your copyright rights in the code and does not waive, override, or limit these contractual terms, which exist independently of that license. The Developer Tools present an install-time or first-run acceptance notice to this effect; if you do not accept these terms, do not install or use the Developer Tools.

8.2 The "Services" umbrella; reservation of rights

The Developer Tools are one part of Recovea's broader Services, which Recovea offers as a single, evolving umbrella. The Services may include, without limitation, optimization, metering and observability, spend control, reporting and analytics, additional features and capabilities Recovea may offer, data ingestion and connectors, SDKs and APIs, and related managed services. Any such capability is governed by the terms in effect when Recovea makes it available and is not active or licensed under this Policy unless Recovea expressly states otherwise. Recovea reserves the right, in its sole discretion, to add, modify, deprecate, or remove features and Developer Tools, and to offer subscription, usage-based, and savings-/outcome-based pricing models, subject to the Agreement and applicable law; any savings-based model applies only on your separate, affirmative election. Recovea reserves all rights not expressly granted.

8.3 Restrictions

You will not, and will not permit any Authorized User or third party to: (a) reverse engineer, decompile, or disassemble any non-open-source component except to the extent permitted by law or an applicable open-source license; (b) remove or alter proprietary notices; (c) use the Developer Tools to build a competing product or to circumvent Recovea's security or usage controls; (d) use the Developer Tools in violation of law, the Agreement, or any applicable Acceptable Use Policy; (e) misrepresent the Developer Tools' outputs (for example, presenting an estimate as a "verified" figure where Recovea has not so designated it in writing); or (f) use the Developer Tools, their outputs, or the Ledger to train, fine-tune, or develop any machine-learning model or competing service, or otherwise to derive a model from Recovea's outputs or the Ledger.

9. Fees and billing optionality

The Observer and certain other Developer Tools may be offered at no charge as free, observe-only, metadata-only tooling. Paid features and connected-account functionality are governed by the Agreement and the applicable Order Form. Fees, pricing, and billing models are as stated in the Order Form or then-current published pricing, and Recovea may offer subscription, usage-based, and savings-/outcome-based pricing models at its discretion, in each case subject to the Agreement, applicable law, and your affirmative consent where required.

Where a paid Subscription renews automatically, Recovea complies with the federal Restore Online Shoppers' Confidence Act (ROSCA, 15 U.S.C. §8401 et seq.) and applicable state automatic-renewal laws (including Cal. Bus. & Prof. Code §17600 et seq.): renewal terms are clearly disclosed before purchase, you may cancel online through an easy self-service mechanism, and for annual terms Recovea provides a pre-renewal reminder before the renewal charge.

10. No spyware; honesty boundary

Recovea designs the Developer Tools so that they are not built to surveil you, exfiltrate Inference Content, harvest secrets, or transmit data through undisclosed channels, and Recovea describes only capabilities that exist today. This is a description of design intent, not a warranty; see Section 11.

Any savings, cost, or efficiency figure produced by a Developer Tool is an estimate unless Recovea expressly designates it "verified" in writing. The terms "verified," "settled," and "proven" are reserved exclusively for figures that Recovea has expressly confirmed in writing as having met Recovea's internal measurement and validation criteria; all other figures are estimates. No Developer Tool guarantees savings, output quality, availability, or any financial outcome.

11. Warranties and disclaimers

THE DEVELOPER TOOLS AND ALL TELEMETRY-RELATED FUNCTIONALITY ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RECOVEA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ANY DESCRIPTION IN THIS POLICY OF HOW THE DEVELOPER TOOLS ARE DESIGNED OR INTENDED TO BEHAVE (INCLUDING SECTIONS 2, 3, 4, AND 10) IS A STATEMENT OF DESIGN INTENT AND DOES NOT CREATE ANY EXPRESS WARRANTY OR REPRESENTATION.

WITHOUT LIMITING THE FOREGOING, RECOVEA DOES NOT WARRANT THAT: (a) THE DEVELOPER TOOLS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (b) ANY COST, SPEND, USAGE, OR SAVINGS FIGURE IS ACCURATE, COMPLETE, OR "VERIFIED" (FIGURES ARE ESTIMATES UNLESS EXPRESSLY DESIGNATED "VERIFIED" IN WRITING); OR (c) ANY THIRD-PARTY PROVIDER OUTPUT IS ACCURATE, AVAILABLE, OR FIT FOR ANY PURPOSE. RECOVEA PROVIDES NO UPTIME OR AVAILABILITY COMMITMENT FOR THE DEVELOPER TOOLS AND NO SERVICE CREDITS.

The Developer Tools and the broader Service are designed to be fail-open — i.e., to degrade toward letting your traffic proceed and to surface a clean error rather than silently alter your data — but "fail-open" is a design objective and reversible exit, not an availability or correctness warranty; Recovea does not guarantee any failover, and does not claim mid-stream failover: once a response begins streaming, a failure surfaces as a clean error, not a silent splice.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

12. United States only; international transfers

The Developer Tools and Recovea's Processing operate from the United States, on AWS in a US region. The Developer Tools are offered to business customers in the United States and to non-US business customers who agree they are interacting with US-based infrastructure. Any cross-border-transfer mechanics (Standard Contractual Clauses, UK/Swiss addenda) live only in the DPA and are dormant at launch; this Policy makes no independent international-transfer representation.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THE DEVELOPER TOOLS OR THIS POLICY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

General cap. EXCEPT FOR THE EXCLUDED AND ENHANCED MATTERS BELOW, EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE DEVELOPER TOOLS WILL NOT EXCEED THE GREATER OF (a) THE TOTAL FEES PAID BY CUSTOMER TO RECOVEA FOR THE DEVELOPER TOOLS IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (b) US $25,000 (the "General Cap"). WHERE THE DEVELOPER TOOLS ARE PROVIDED AT NO CHARGE, EACH PARTY'S AGGREGATE LIABILITY WILL NOT EXCEED US $25,000, which governs all no-charge tooling.

Enhanced (super) cap. For (i) a party's breach of its confidentiality obligations and (ii) a party's breach of its data-protection or security obligations, each party's aggregate liability will not exceed two (2) times the General Cap (the "Super Cap"). The Super Cap is symmetric and applies identically to each party.

Uncapped matters. The General Cap and Super Cap do not apply to: (a) a party's indemnification obligations under Section 14; (b) Customer's payment obligations; (c) Customer's breach of the license, Acceptable Use, or IP-ownership terms; or (d) a party's fraud or willful misconduct, in each case to the extent such liability may not be limited under applicable law. A party's liability for gross negligence remains subject to the General Cap and Super Cap to the fullest extent permitted by applicable law; where, and only to the extent, applicable law does not permit liability for gross negligence to be so limited, such liability is limited to the maximum extent that law permits.

THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL BASIS OF THE BARGAIN AND APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. These limitations are stated identically across the Agreement, DPA, and Security Statement.

14. Indemnification

By Customer. The Customer (not its individual Authorized Users) will defend, indemnify, and hold harmless Recovea and its officers, directors, employees, and agents from and against any third-party claims, and resulting losses, damages, liabilities, costs, and reasonable attorneys' fees, arising out of or relating to: (a) Customer's or its Authorized Users' use of the Developer Tools in violation of the Agreement, this Policy, an applicable open-source license, or law; (b) Customer's Provider Keys, Provider accounts, or Provider charges, or breach of any Provider's terms; (c) Customer Content or Customer Personal Data, or Inference Content, secrets, or personal data Customer or an Authorized User transmits through an opt-in diagnostic feature; or (d) Customer's infringement or misappropriation of any third party's intellectual-property or privacy rights through use of the Developer Tools.

By Recovea (IP indemnity). Recovea will defend Customer against third-party claims that the Developer Tools as provided by Recovea infringe a US patent, copyright, or trade secret, and will pay damages finally awarded (or amounts in a Recovea-approved settlement). Exclusions: this indemnity does not cover (i) Provider outputs or models; (ii) Customer Content, Customer Data, Customer Personal Data, or Provider Keys; (iii) open-source components governed by their own licenses; (iv) combinations or modifications not made by Recovea; or (v) use outside the Documentation or in breach of the Agreement or this Policy. Sole remedy: Recovea may, at its option, procure the right to continue use, modify or replace the affected component, or terminate the affected Developer Tools and refund prepaid, unused Fees. This indemnity is subject to the General Cap (it is not uncapped).

Procedure. The party seeking indemnification will give prompt written notice, grant the indemnifying party sole control of the defense and settlement, and provide reasonable cooperation; no settlement imposing non-monetary obligations on the indemnified party is effective without its consent.

15. Intellectual property

As between the parties, Recovea and its licensors own all right, title, and interest in and to the Developer Tools, the Telemetry-processing infrastructure, the Ledger format and methodology, and all related intellectual property, except for components licensed to you under an applicable open-source license, which are governed by that license. You retain all rights in your own data, Provider Keys, Inference Content, and outputs; Recovea takes no position on the ownership of Provider outputs. Recovea's marks, including RECOVEA™, are asserted as common-law/unregistered marks unless and until a registration issues; you may not use them except as expressly permitted in writing.

Aggregated/De-identified Data. Recovea may create and use Aggregated/De-identified Data derived from Telemetry and Usage Metadata — i.e., data that has been aggregated and/or de-identified so that it no longer identifies, and cannot reasonably be used to identify, you or any individual, meeting applicable CCPA/CPRA and anonymization thresholds — to operate, secure, analyze, benchmark, and improve the Service and to develop neutral benchmarks, subject to a no-reidentification commitment. Aggregated/De-identified Data never includes Inference Content and is not attributed to you.

16. Confidentiality

Each party will protect the other's Confidential Information with at least reasonable care and use it only as permitted by the Agreement. Confidentiality obligations survive for five (5) years after disclosure, except that obligations with respect to trade secrets, Customer data, Customer Personal Data, and Inference Content survive for as long as such information remains protectable under law. No broad "residuals" right applies that would undermine the foregoing or Recovea's methodology and Ledger intellectual property. This Section supplements, and does not replace, any separate non-disclosure agreement between the parties.

17. Term and termination

This Policy applies for as long as you use the Developer Tools. You may stop using and uninstall the Developer Tools at any time; doing so ends collection of new Telemetry (subject to Section 6 retention). Recovea may suspend or terminate access to the Developer Tools as provided in the Agreement, including for material breach, security risk, or unlawful use. Upon termination, the license in Section 8 ends and you must cease use of the non-open-source Developer Tools, except that rights under applicable open-source licenses survive per their terms. Sections that by their nature should survive — including the BYO-Key conduit and "not a Provider party" provisions (Section 5), retention (Section 6), the reservation/restrictions and training bar (Sections 8.2–8.3), the honesty boundary and fail-open / no-mid-stream-failover disclaimers (Sections 10–11), and Sections 13–16 and 18–28 — survive termination.

18. Dispute resolution; arbitration; class-action waiver

Informal resolution. Before initiating any proceeding, the parties will attempt in good faith to resolve the dispute by giving written notice to legal@recovea.ai and negotiating for at least thirty (30) days.

Binding arbitration. Except for the carve-outs below, any dispute arising out of or relating to the Developer Tools or this Policy will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, before one arbitrator, seated in Wilmington, Delaware. Judgment on the award may be entered in any court of competent jurisdiction. Each party bears its own fees as provided under the AAA Commercial Rules; because the Developer Tools are a business-property service, the parties intend the AAA Commercial Arbitration Rules to apply, subject to the Agreement's Consumer-Rules fallback and mass-arbitration protocol (Terms of Service §24.2 and §24.7 / MSA §23.2 and §23.6): if the AAA or a court of competent jurisdiction determines that the AAA Consumer Arbitration Rules apply to a dispute involving an individual, those rules govern that dispute and Recovea pays the filing, administrative, and arbitrator fees the AAA consumer fee schedule assigns to the business.

Class-action waiver. To the maximum extent permitted by law, disputes will be conducted only on an individual basis and not as a class, collective, consolidated, or representative action. The parties waive any right to a jury trial.

Carve-outs to court. Either party may (a) bring an individual claim in small-claims court within that court's jurisdiction, and (b) seek injunctive or equitable relief in the state or federal courts located in Wilmington, Delaware for actual or threatened infringement or misuse of intellectual property or breach of confidentiality, without waiving arbitration as to other matters. Claims by non-contracting parties (for example, security researchers or DMCA complainants) are not subject to this arbitration provision and are governed by the courts identified in Section 19.

19. Governing law and venue

This Policy is governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, and the United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 18, the exclusive venue for any permitted court action is the state and federal courts located in Wilmington, Delaware, and the parties consent to personal jurisdiction there. This forum is conformed across the Recovea legal pack and the public website terms.

20. Assignment

You may not assign or transfer this Policy or any rights or obligations under it without Recovea's prior written consent, except to a successor in connection with a merger, acquisition, or sale of substantially all assets, provided the successor agrees to be bound. Recovea may assign this Policy in connection with a reorganization, merger, acquisition, or sale of assets. Any prohibited assignment is void. This Policy binds and benefits the parties' permitted successors and assigns.

21. Force majeure

Neither party is liable for any delay or failure to perform (other than payment obligations) due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, internet or utility failures, third-party provider or cloud outages, or denial-of-service attacks.

22. Notices

Notices to Recovea under this Policy must be sent to legal@recovea.ai and, where a postal address is required, to Recovea, Inc. at 2810 N Church St STE 89986, Wilmington, DE 19802. Recovea may give you notice via the email associated with your account, in-product notice, or posting to its website or the Developer Tools' documentation.

23. Electronic communications and signatures

You consent to receive communications from Recovea electronically and agree that electronic agreements, notices, disclosures, and other communications satisfy any legal requirement that they be in writing. Acceptance of this Policy and the Agreement by electronic means (including clickthrough, installation, first-run acceptance, or continued use of the Developer Tools) has the same legal effect as a handwritten signature, consistent with the U.S. E-SIGN Act and applicable state law.

24. Changes to this Policy

Recovea may update this Policy from time to time. If we make a material change, we will provide reasonable notice (for example, by updating the "Last updated" date and, where appropriate, by email or in-product notice). Changes are effective when posted unless stated otherwise. Your continued use of the Developer Tools after the effective date constitutes acceptance of the updated Policy. Material changes that reduce the protections of, or expand the data collected by, the Developer Tools will not be applied retroactively to previously collected data without an appropriate legal basis.

25. Entire agreement; order of precedence

This Policy, together with the Agreement, the Privacy Policy, the DPA, and any applicable Order Form and open-source licenses, constitutes the entire agreement between the parties regarding the Developer Tools and supersedes all prior or contemporaneous understandings on that subject. In case of conflict, the order of precedence is:

  1. a signed Order Form (where it so states);
  2. the Agreement (Master Subscription Agreement / Terms of Service);
  3. the DPA (controls as to Processing of Customer Personal Data);
  4. incorporated policies, including this Policy;

provided that the more specific or more protective data-handling rule stated in this Policy governs the Developer-Tool data-handling conduct it describes (and the Privacy Policy/DPA control as to personal data). This proviso applies only to data-handling and does not override the Agreement's licensing, IP-ownership, fee, or other non-data-handling terms, which control per the order above.

26. Severability

If any provision of this Policy is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed, and the remaining provisions will remain in full force and effect. If the class-action waiver in Section 18 is found unenforceable as to a particular claim, that claim will proceed in court (not arbitration), and the remainder of Section 18 will remain in effect for all other claims.

27. Waiver; no third-party beneficiaries

No waiver of any provision is effective unless in writing, and no failure or delay in exercising any right operates as a waiver. There are no third-party beneficiaries to this Policy, except that Recovea's affiliates and licensors are intended beneficiaries of the disclaimers, limitations, and intellectual-property provisions.

28. Contact

Questions about this Policy or the Developer Tools' data handling may be directed to:

  • Privacy / data: privacy@recovea.ai
  • Legal / notices: legal@recovea.ai
  • Security: security@recovea.ai
  • DMCA: dmca@recovea.ai

Recovea, Inc., a Delaware corporation · Notice address: 2810 N Church St STE 89986, Wilmington, DE 19802.