Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and Constevol ("Company", "we", "us", "our") regarding your use of the Gwenai software and related services ("Service").

1. ACCEPTANCE OF TERMS

By downloading, installing, or using Gwenai, you accept to be bound by these Terms. As a member of the European Union (EU), the Swedish data protection regime consists of the General Data Protection Regulation (GDPR) and national laws supplementing the GDPR. If you do not accept these Terms, do not use the Service.

2. DESCRIPTION OF SERVICE

Gwenai is an AI-assisted desktop application that helps users with various tasks by:

Providing AI-driven assistance for productivity tasks
Suggesting commands for local computer use (requiring user approval)
Storing all information locally on the user's device (self-hosting)
Providing subscription services for functionality

3. SUBSCRIPTION AND PAYMENT

3.1 Subscription Options

Monthly subscription: $20 USD per month
Annual subscription: $18 USD per month (billed annually)

3.2 Payment Terms

Payments are processed via Stripe
Subscriptions renew automatically unless cancelled
Prices may change with 30 days' notice
All fees are exclusive of applicable taxes

3.3 Refunds

Refunds may be requested within 14 days of purchase date for Swedish consumers under distance selling regulations
Refunds are processed within 14 business days

4. USER RESPONSIBILITIES AND RESTRICTIONS

4.1 Permitted Use

You may use Gwenai for:

Personal productivity and assistance
Commercial use within the scope of your subscription
Legal activities in accordance with applicable law

4.2 Prohibited Use

You may NOT use Gwenai to:

Generate harmful, illegal, or offensive content
Attempt to circumvent security measures
Reverse engineer or decompile the software
Use the service for automated spamming or bulk communications
Transmit malware, viruses, or malicious code

4.3 Command Approval

All suggested commands require explicit user approval before execution
You are responsible for the consequences of approved commands
We recommend caution when approving system commands

5. ARTIFICIAL INTELLIGENCE AND OUTPUT

5.1 AI Limitations

WE CANNOT GUARANTEE ALL OUTPUT IS FACTUALLY ACCURATE OR COMPLIES WITH INDUSTRY STANDARDS. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SOFTWARE'S CONTENT, ITS OUTPUT.

5.2 User Responsibility for AI Results

The User acknowledges and understands that the results produced by the Software, including all outputs, analyses, and recommendations, are generated primarily through advanced artificial intelligence and machine learning algorithms, and have not been individually reviewed, verified, or otherwise endorsed by a licensed attorney or other human reviewer.

6. DATA PROTECTION AND PRIVACY

6.1 Local Data Storage

All user data is stored locally on your device (self-hosting)
We do not have access to your locally stored data
You are responsible for backup and security of your local data

6.2 Account Data

We store minimal account information for subscription management
We comply with GDPR and Swedish data protection legislation
You have rights to access, rectify, and delete your account data

6.3 User Rights under GDPR

Where information society services are offered directly to a child under the age of 13, and the lawful basis of processing their personal data is consent, such consent must be obtained from or authorised by the individual with parental responsibility over the child.

7. INTELLECTUAL PROPERTY

7.1 Ownership

Gwenai software and all related code is owned by Constevol
You are granted a limited, non-exclusive license to use the software
Your locally generated content belongs to you

7.2 License Restrictions

License is personal and non-transferable
Commercial sublicensing is prohibited
Backup copies for personal use are permitted

8. DISCLAIMERS AND LIMITATION OF LIABILITY

8.1 General Disclaimer

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 Limitation of Liability

IN NO EVENT SHALL CONSTEVOL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THE COMPANY IN THE LAST SIX (6) MONTHS OR THE GREATER OF ONE THOUSAND DOLLARS ($1,000).

8.3 Exceptions to Liability Limitations

Nothing in this Agreement limits or excludes either Party's liability in any way for:

Death or personal injury caused by its negligence
Any other losses that cannot be limited or excluded by applicable law

9. FORCE MAJEURE

Neither party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any term of this Agreement to the extent, and for so long as, such failure or delay is caused by or results from causes beyond the reasonable control of the affected party including but not limited to:

Fires, earthquakes, floods, embargos
Wars, acts of war, insurrections, terrorism
Failed security updates by third parties
Riots, civil commotions, strikes, lockouts or other labor disturbances
Acts of God, or acts, omissions or delays in acting by any governmental authority or the other party

10. TERMINATION

10.1 User Termination

You may cancel your subscription at any time via your account
Cancellation takes effect at the next billing cycle
No refund for already paid subscription time

10.2 Company Termination

We may terminate your account for breach of these Terms
We may discontinue the service with 30 days' notice
Upon termination, your account will be deactivated

11. CHANGES TO TERMS

We reserve the right to modify these Terms. Significant changes in laws or regulations: If there are major changes to relevant laws or regulations, such as data protection laws, consumer protection laws, or industry-specific regulations, the Terms of Use should be promptly updated to ensure continued compliance. This may include revisions to sections on data privacy, user rights, or disclaimers of liability. Material changes will be notified via email 30 days before taking effect.

12. GOVERNING LAW AND JURISDICTION

These Terms are governed by Swedish law. Disputes shall be resolved through negotiation first. Enforcement decisions made by the Swedish Authority for Privacy Protection can be appealed to the court within 21 days counted from the day when the plaintiff was made aware of the decision by the authority.

13. CONTACT INFORMATION

For questions about these Terms, contact:

Constevol
Email: contact@gwenai.io

14. SPECIAL PROVISIONS FOR AI SERVICES

14.1 AI Safety and Limitations

Supplier disclaims all liability resulting from Customer's use of the AI Services, and makes no representation or warranty, express or implied, concerning the extent to which Customer's use of the AI Services or the output of such AI Services is appropriate, permissible, lawful, accurate, correct, or otherwise suitable for the Customer or its intended use.

14.2 Third-Party Services

The AI Services incorporate AI technologies provided by third parties. To the extent that such AI technologies are incorporated into the Services, Supplier makes no representations with respect to the safety of such underlying AI technologies provided by any such third party, or as to whether the use of these technologies is appropriate to Customer.