Privacy Policy

1.Definitions

“Services” means Ares websites, software, applications, application programming interfaces, AI coding assistant features, developer tools, documentation, customer support, and related services.

“Personal information” includes similar terms under applicable privacy laws, including “personal data” and “personally identifiable information.” In general, personal information means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual.

“Inputs” means any code, prompts, files, repositories, documents, conversations, chat history, instructions, data, or other content you submit, upload, connect, or otherwise provide to the Services.

“Suggestions,” “Outputs,” or “AI Outputs” means any code, text, explanations, recommendations, commands, configurations, documentation, or other material generated by the Services in response to your Inputs.

“Content” means, collectively, your Inputs and the resulting Suggestions or Outputs.

“Customer Data” means your Content and any personal information, account information, or other data submitted to or collected through the Services by or on behalf of you.

“Aggregated Data” means information derived from use of the Services that has been aggregated, anonymized, or de-identified so that it cannot reasonably identify you or another person or be used to reconstruct your Inputs or Outputs.

“Model” means an artificial intelligence, machine-learning, language, image, code-generation, embedding, reranking, or other computational model made available through the Services.

“Model Provider” means a third party that develops, hosts, operates, or makes a Model available through the Services.

2.No children under 18

Our Services are not directed to children under 18. We do not knowingly collect personal information from children under 18.

If you are under 18, you may not access or use the Services.

If we learn that we have collected personal information from a child under 18, we will take reasonable steps to delete that information, subject to applicable law.

3.Collection and use of information

We collect information you provide directly and information collected automatically when you use the Services.

• Account information, such as name, email address, authentication identifiers, company name, invite information, billing-related information, and account preferences.
• Inputs, including code, prompts, files, documents, repository references, conversations, chat history, instructions, and other content you submit to the Services.
• Suggestions and Outputs generated by AI features in response to your Inputs.
• Usage data, telemetry, product interactions, session metadata, feature usage, device information, browser details, feedback, support communications, and information you choose to provide.
• Log Data and Cookies, as described in the sections titled “Log data” and “Cookies and other tracking technologies.”
• Payment-related information processed by third-party payment processors. We do not store full payment card numbers on our own systems unless expressly stated at the time of collection.

4.How we use information

We use information to provide, operate, secure, maintain, support, troubleshoot, and improve Ares’s own products and services; communicate with you; authenticate users; manage accounts and organizations; process payments; prevent fraud and abuse; enforce our agreements; comply with legal obligations; and establish, exercise, or defend legal claims.

We process Inputs to route requests to Models, generate Suggestions and Outputs, maintain conversation history where enabled, provide customer support, diagnose errors, prevent fraud and abuse, monitor service safety, and protect the integrity and security of the Services.

We may analyze Customer Data to evaluate feature performance, diagnose errors, improve request routing, respond to support requests, and improve the functionality and user experience of Ares’s own products and services. We do not use Customer Data for model training as described in the section titled “No model training.”

We may use Aggregated Data to measure and improve the reliability, security, performance, functionality, and user experience of Ares’s own products and services. We do not use Aggregated Data to train, retrain, fine-tune, distill, develop, or otherwise update the weights or parameters of an artificial intelligence or machine-learning model.

5.No model training

Ares does not use Customer Data or Aggregated Data as training data to train, retrain, fine-tune, distill, develop, or otherwise update the weights or parameters of any artificial intelligence or machine-learning model.

Ares does not sell, license, or disclose Customer Data or Aggregated Data to another person for model-training purposes. Ares does not authorize Model Providers or other service providers to use Customer Data or Aggregated Data for model-training purposes.

Processing Inputs through a Model to generate an Output for you is inference and does not constitute model training. We and our service providers may process Customer Data as necessary to provide, secure, maintain, support, troubleshoot, and improve Ares’s own products and services, provided that Customer Data is not used to train, retrain, fine-tune, distill, develop, or otherwise update the weights or parameters of an artificial intelligence or machine-learning model.

If you voluntarily provide feedback, suggestions, bug reports, abuse reports, evaluations, or feature requests, we may use the feedback to improve the reliability, safety, security, functionality, and user experience of Ares’s own products and services. Customer Data included in feedback will not be used as model-training data.

We do not sell Customer Data.

6.AI content processing and Model Providers

Processing Inputs through Models is necessary to generate Suggestions and Outputs and provide AI functionality.

We may transmit Inputs and related technical information to Model Providers selected by you or selected through automatic routing, availability, performance, privacy, safety, or other service settings. Model Providers process that information to generate Outputs, operate requested features, maintain security, prevent abuse, and comply with applicable legal obligations.

Ares does not authorize Model Providers to use Customer Data to train, retrain, fine-tune, distill, develop, or otherwise update the weights or parameters of an artificial intelligence or machine-learning model. We use contractual commitments, provider settings, account configurations, or other controls intended to prevent Model Providers from using Customer Data for model-training purposes.

Model Providers may temporarily retain Inputs, Outputs, or related metadata when necessary to generate Outputs, maintain security, prevent fraud or abuse, investigate incidents, or comply with legal obligations. Retention periods and available privacy controls may differ by Model Provider and Model. Where available, additional provider information will be presented through the Services, model documentation, or our subprocessors or Model Providers page.

Ares will not intentionally route Customer Data through a Model or provider configuration that permits Customer Data to be used as model-training data. If we learn that a Model Provider has materially changed its practices in a manner inconsistent with this commitment, we may disable or restrict access to the affected Model while we evaluate the change.

Model Providers and other vendors may process personal information in countries other than your own. International transfers are addressed in the section titled “International processing.”

Because AI features may process source code, prompts, files, and technical data, you should not submit passwords, private keys, access tokens, production secrets, regulated health information, complete payment card data, classified information, export-controlled technical data, or other sensitive information unless your use is authorized and appropriate safeguards are in place.

7.Legal bases for processing

Where applicable law requires us to identify a lawful basis for processing personal information, including under the European Union General Data Protection Regulation and applicable United Kingdom data-protection law, we rely on one or more of the following legal bases. In other jurisdictions, we process personal information for the purposes described in this Privacy Policy and in accordance with applicable notice, consent, opt-out, data-minimization, and other legal requirements.

• Performance of a contract with you, including providing the Services, generating AI Suggestions, managing accounts, processing transactions, and providing support.
• Compliance with legal obligations applicable to Ares.
• Our legitimate business interests, including securing the Services, preventing abuse, improving reliability, enforcing our terms, communicating with users, maintaining business records, and defending legal rights.
• Your consent, where required or where we request it for a specific processing activity.

8.Purposes of use and processing

• Providing the Services and related support.
• Generating AI Suggestions and Outputs in response to your Inputs.
• Protecting the integrity, safety, availability, and security of the Services.
• Analyzing, maintaining, troubleshooting, and improving the Services and our business.
• Personalizing the Services and remembering preferences.
• Authenticating users and managing accounts, organizations, subscriptions, and billing.
• Communicating with you about service updates, security notices, support requests, and administrative messages.
• Detecting, investigating, and preventing fraud, abuse, security incidents, policy violations, and unauthorized access.
• Defending our legal rights and enforcing our agreements.
• Auditing, reporting, corporate governance, accounting, and compliance.
• Complying with legal obligations and responding to lawful requests.

9.Investigations and legal disclosures

ARES may investigate and disclose information from or about you, as permitted by applicable law, if we have a good faith belief that such investigation or disclosure is reasonably necessary to comply with legal process, law enforcement instructions, court orders, subpoenas, statutes, judicial proceedings, or other lawful requests.

We may also investigate and disclose information where helpful to prevent, investigate, or identify possible wrongdoing in connection with the Services; protect the rights, reputation, property, safety, or security of Ares, users, third parties, or the public; detect abuse; enforce our agreements; or respond to security incidents.

10.Vendors and service providers

We engage third-party vendors, service providers, contractors, and affiliated entities to operate and support the Services, including providers of cloud hosting, infrastructure, authentication, payment processing, analytics, customer support, security, communications, data storage, and AI Models.

These providers may access or process personal information and Customer Data only for authorized purposes connected with providing, securing, supporting, or maintaining the Services; complying with applicable law; or performing another purpose disclosed in this Privacy Policy.

We require service providers to protect personal information through appropriate contractual, confidentiality, security, and data-protection obligations. We do not authorize service providers to use Customer Data for their own marketing, model training, or unrelated commercial purposes.

We do not sell personal information or Customer Data. We do not share personal information for cross-context behavioral advertising as those terms are defined under applicable California law.

We may disclose Aggregated Data that does not reasonably identify you or another individual and cannot reasonably be used to reconstruct Inputs or Outputs. We use Aggregated Data to understand usage patterns, maintain security, measure performance, and improve Ares’s own products and services, but not to train artificial intelligence or machine-learning models.

11.Business transfers

If ARES is acquired by or merged with another entity, if substantially all of our assets are transferred to another company, or as part of a bankruptcy, financing, reorganization, or similar proceeding, we may transfer information we have collected about you to the relevant third party, subject to applicable law.

12.Log data

Whenever you use the Services, Ares may automatically collect log data, including your IP address, browser type and version, device information, pages visited, features used, timestamps, referring URLs, session metadata, usage statistics, request and response status information, and diagnostic information.

For AI interactions, we and our Model Providers may temporarily retain certain Inputs, Outputs, metadata, or related records for request processing, safety monitoring, fraud and abuse prevention, security, incident investigation, legal compliance, troubleshooting, and improvement of Ares’s own products and services.

Temporary security, diagnostic, and safety-related records may not appear in your visible conversation history and may not be deleted immediately when you delete a visible conversation. These records are not used to train artificial intelligence or machine-learning models.

13.Cookies and other tracking technologies

ARES and third parties we interact with may use cookies, web beacons, local storage, local shared objects, and similar technologies in connection with your use of the Services and third-party websites.

Cookies are small data files that may have unique identifiers and may reside on your computer, mobile device, browser, emails we send, or the Services.

We may use cookies and similar technologies to keep you signed in, remember preferences such as theme selection, support essential application functionality, secure the Services, understand how users engage with the Services, improve performance, and support analytics.

Cookies may be persistent or stored only during an individual session. You can manage cookie settings through your browser or device settings, but disabling certain cookies may affect the availability or functionality of the Services.

14.Information security and accuracy

ARES uses reasonable administrative, technical, organizational, and physical safeguards designed to protect personal information from unauthorized access, use, alteration, disclosure, and destruction.

We take reasonable steps to maintain the accuracy of personal information where necessary for the purposes for which it is processed.

No method of transmission over the Internet or electronic storage is completely secure. We cannot guarantee absolute security, and you are responsible for using appropriate safeguards when submitting code, credentials, secrets, regulated data, or sensitive information.

15.Retention period

ARES retains personal information for as long as necessary to fulfill the purposes for which it is processed, including providing the Services, maintaining security, complying with legal and regulatory obligations, handling disputes, maintaining business records, and establishing, exercising, or defending legal claims.

Conversation history, including Inputs and Suggestions, may be retained in your account so you can access past sessions. You may delete individual chats or your entire account at any time, subject to applicable law and product functionality.

Certain temporary, backup, diagnostic, legal, security-related, or safety-related data may be retained for a limited period even after deletion requests, as permitted by law.

If you cancel your account or request that we no longer use your personal information to provide the Services, we will process that request as required by applicable law. If you withdraw consent or object to certain processing, you may not be able to use some or all of the Services.

16.Links to other sites

The Services may contain links to sites, applications, tools, or services that are not controlled by ARES.

We are not responsible for the privacy practices, security practices, content, or policies of third-party sites or services. We encourage you to review the privacy policies of each site or service you visit or use.

This Privacy Policy applies only to information collected by or on behalf of ARES through the Services.

17.Notice

By using the Services, you consent to receive electronic communications from ARES. You agree that electronic communications satisfy any legal requirement that communications be in writing under this Privacy Policy or applicable law.

We may provide notice to you by sending an email to the address associated with your account, posting notice through the Services, or using another legally permissible method.

Any notice to ARES under this Privacy Policy must be sent by email to privacy@askares.com and by certified mail, return receipt requested, to Ares Product Development Services LLC, 945 McKinney St #640, Houston, TX 77002, ATTN: Legal.

18.Governing law and venue

This Privacy Policy is governed by the laws of the United States of America and the State of Texas, without regard to conflict-of-law principles.

Harris County, Texas is the exclusive forum for any mediation, arbitration, litigation, or dispute resolution relating to this Privacy Policy, unless applicable law requires another forum.

19.Your choices and privacy rights

Depending on where you live and subject to applicable law, you may have rights to confirm whether we process your personal information; access, correct, or delete personal information; obtain a portable copy of certain personal information; restrict or object to processing; withdraw consent where processing is based on consent; and opt out of certain sales, targeted advertising, sharing, or profiling.

To exercise a privacy right or ask a privacy-related question, contact us at privacy@askares.com. Please describe the right you wish to exercise and provide sufficient information for us to identify the relevant account or records.

We may need to verify your identity and authority before fulfilling a request. If you submit a request on behalf of another person, we may require proof that you are authorized to act for that person.

Some privacy rights are not absolute. We may deny or limit a request where permitted by law, including where necessary to protect security, prevent fraud or abuse, comply with legal obligations, complete a requested transaction, preserve another person’s rights, maintain required business records, or establish, exercise, or defend legal claims.

If we deny a request, you may appeal the decision by emailing privacy@askares.com with the subject line “Privacy Request Appeal” within 45 days after receiving our decision. Your appeal should identify the original request and explain why you believe the decision should be reconsidered. We will review and respond to the appeal as required by applicable law. If an appeal under Texas law is denied, we will provide information about how to submit a complaint to the Texas Attorney General.

We will not discriminate or retaliate against you for exercising a privacy right.

20.California residents

This section applies to California consumers and describes how we collect, use, and disclose Personal Information in our role as a business under the California Consumer Privacy Act and California Privacy Rights Act.

For purposes of this section, “Personal Information” has the meaning given in the CCPA and CPRA. We may collect the following statutory categories of Personal Information.

• Identifiers, such as name, email address, account identifiers, IP address, and similar identifiers.
• Customer records information, such as account information, billing-related information, and contact information.
• Commercial information, such as subscription, transaction, product usage, and service history.
• Internet or other electronic network activity information, such as device information, browser information, pages visited, features used, timestamps, Log Data, and usage statistics.
• Geolocation data, such as approximate location inferred from IP address.
• Inferences drawn from usage activity, preferences, or interactions with the Services.
• Other personal information, including code, prompts, files, conversations, chat history, AI-generated Suggestions, support messages, feedback, and other information you provide or receive while using the Services.

21.California privacy rights

California residents have certain rights regarding Personal Information we collect or maintain. These rights are not absolute, and we may decline requests as permitted by law.

• Right to know and access: You may request that we disclose what Personal Information we collected, used, disclosed, or sold or shared, as applicable, during the relevant period.
• Right to deletion: You may request that we delete Personal Information collected or maintained by us, subject to certain exceptions.
• Right to correction: You may request that we correct inaccurate Personal Information we maintain about you.
• Right to opt out of sale or sharing: We do not sell Personal Information. If our practices change in a way that constitutes “sharing” for cross-context behavioral advertising under California law, we will provide legally required choices.
• Right to limit use of sensitive Personal Information: We do not use sensitive Personal Information for purposes requiring a right to limit unless we provide the required notice and choice.
• Right to non-discrimination: We will not discriminate against you for exercising your privacy rights.

22.California requests and authorized agents

California residents may exercise their rights themselves or designate an authorized agent to exercise rights on their behalf.

To protect Personal Information, we will verify your identity using a method appropriate to the type of request. We may request written permission from you authorizing an agent to make the request and may verify the authorized agent’s identity.

Please contact us at privacy@askares.com if you would like to access this policy in an alternative format, exercise your rights, learn more about your rights or our privacy practices, or designate an authorized agent.

23.European Union, United Kingdom, and similar jurisdictions

Subject to the conditions set out in applicable law, users in the European Union, European Economic Area, United Kingdom, and other jurisdictions with similar rights may have the following rights regarding our processing of personal information.

• Right of access: You may ask us to confirm whether we are processing your personal information and, where applicable, provide a copy of that information and related details.
• Right to correction or rectification: You may request correction of inaccurate or incomplete personal information.
• Right to erasure: You may ask us to delete personal information in certain circumstances, such as where we no longer need it or where you withdraw consent and no other legal basis applies.
• Right to restrict processing: You may ask us to restrict processing of personal information in certain circumstances, such as where you contest accuracy or object to our use or legal basis.
• Right to data portability: You may have the right to receive certain personal information in a structured, commonly used, machine-readable format and to transmit it to another controller.
• Right to object: You may object to processing based on legitimate interests. We will stop such processing unless we have compelling legitimate grounds or need to process the information for legal claims.
• Right to object to marketing: You may ask us to stop processing personal information for direct marketing purposes.
• Right not to be subject to certain automated decision-making: You have rights relating to decisions based solely on automated processing that produce legal or similarly significant effects. ARES does not use AI Outputs to make legal or similarly significant decisions about users without appropriate human involvement.
• Right to withdraw consent: Where processing is based on consent, you may withdraw consent at any time without affecting the lawfulness of processing before withdrawal.
• Right to lodge a complaint: You may lodge a complaint with a supervisory authority if you believe our processing of personal information infringes applicable law.

24.International processing

ARES is based in the United States. If you access the Services from outside the United States, your information may be processed in the United States and other jurisdictions where we or our vendors operate.

These jurisdictions may have data protection laws that differ from those in your location. Where required, we use appropriate safeguards for international transfers of personal information.

25.Changes to this Privacy Policy

We may update this Privacy Policy to reflect changes to the Services, our information practices, our vendors, or applicable legal requirements.

The updated Privacy Policy will identify the date it was last updated and its effective date. Changes apply prospectively unless applicable law permits or requires otherwise.

If we make a material change, we will provide notice as required by applicable law. Notice may be provided through the Services, by email to the address associated with your account, or through another legally permissible method.

If a material change requires consent under applicable law, we will request consent before applying the change to the affected information or processing activity. We will not treat continued use of the Services as consent where affirmative consent is legally required.

26.Enforceability

If any provision of this Privacy Policy is found to be unlawful, void, or unenforceable, that provision will be deemed severable from this Privacy Policy and will not affect the validity and enforceability of the remaining provisions.

27.Entire agreement

This Privacy Policy, together with the Terms of Service and any additional terms that expressly apply to specific Services, constitutes the entire agreement between you and ARES regarding the privacy practices described in this Privacy Policy and supersedes prior agreements or communications regarding those practices.

28.Contact details

• Privacy inquiries: privacy@askares.com
• Legal notices: privacy@askares.com
• Mailing address: Ares Product Development Services LLC, 945 McKinney St #640, Houston, TX 77002, Attention: Privacy