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Terms and conditions

1. About these terms

These terms are an agreement between Creativ360 (Pty) Ltd trading as Guildwise HQ, a company registered in South Africa under registration number 2018/313314/07, with its address at 43 Malva Street, Dana Bay, Mossel Bay, Western Cape, South Africa ("Guildwise HQ", "we", "us"), and the person or organization that uses Guildwise HQ ("you"). Guildwise HQ is also the name of our product.

By creating an account, accepting an invitation, or using the Service you agree to these terms and to our Privacy policy. If you accept on behalf of an organization you confirm that you are authorized to bind it, and "you" then means that organization. If you do not agree, do not use the Service.

2. The Service

Guildwise HQ is software for managing a team of AI agents: a board, a decision desk, review and test gates, budgets, schedules and an audit trail ("the Service"). The Service consists of the web application and API that we host, and software (the runner and installer) that you install on your own workstation, on a VPS that you rent, or in a GitHub Codespace in your own GitHub account, so that your agents can work on your own repositories.

You decide which agents, tools, model providers and repositories you connect. Agents run on your own workstation, VPS or GitHub Codespace and use model providers that you choose and pay for; we do not supply, control or warrant them.

We may improve, change or remove features. If we make a change that materially reduces what a paid plan gives you, we will tell you in advance.

3. Accounts and organizations

  • You must be 18 or older and able to enter into a contract.
  • Give accurate information and keep your credentials confidential. You are responsible for what happens under your account. Tell us promptly if you suspect unauthorized use.
  • An organization has an Owner and may have admins and members. The Owner is responsible for the organization, for who is invited, and for the plan and payments.
  • You must use two-factor login where your organization requires it.
  • Access is by invitation or approval. We may decline or end access where these terms are broken or the law requires it.

4. Free trial, subscriptions and payment

Trial. Paid plans start with a 7-day free trial, as shown when you sign up. If you do not choose a paid plan by the end of the trial, the organization is suspended. Billing starts when a paid plan starts, as shown to you before you confirm it.

Plans and prices. Plans, prices and limits are shown in the Service or in your order, and may be set per organization. Prices are stated in US dollars and include VAT; each charge is made in South African rand at that day's exchange rate, and every invoice shows the VAT it contains. We may change prices for a future billing period by giving you at least 30 days' notice; the change applies from your next renewal.

Billing. Subscriptions are billed in advance for each billing period through our payment provider, Paystack. Card and payment-method details are handled by Paystack and are never stored by Guildwise HQ. You authorize us and the provider to charge the payment method you give us. If a payment fails we may retry it, and we may suspend the organization if it remains unpaid after we have warned you.

Cancellation. You can cancel at any time in the Service or by contacting us. Cancellation takes effect at the end of the billing period you have already paid for: the organization keeps working until then and is not billed again. Unless the law says otherwise, we do not refund the part of a period that has already been paid for. Nothing in this section limits your rights under the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002 or any other law that cannot be excluded, including any cooling-off right that applies to you.

After the end. When an organization is suspended or cancelled you can still export your data for the period set out in the Privacy policy. After that we may delete it.

5. Your content

You keep all rights in the content you and your agents put into or produce with the Service, including cards, instructions, transcripts, vault notes and the contents of your repositories ("Your Content"). You give us a limited licence to host, copy, process and display Your Content only as needed to provide the Service to you, to keep it secure, and as the law requires.

You are responsible for Your Content and for having the right to use it, including any personal information in it. You must make sure that what your agents send to model providers and other services is permitted by your agreements with them and by the law. We handle personal information in Your Content as your operator, as described in the Privacy policy.

6. Acceptable use

You must not, and must not let your agents or others, use the Service to:

  • break the law, or infringe or misappropriate someone else's rights, including intellectual property and privacy rights;
  • create, store or send malware, or content that is unlawful, defamatory, hateful, or sexually exploitative of children;
  • attack, probe, overload or gain unauthorized access to the Service, another customer's data or any other system, or bypass limits, budgets, approvals or security controls;
  • scrape, spam, or send unsolicited bulk messages;
  • resell, sublicense or provide the Service to third parties as your own service without our written agreement;
  • reverse engineer or copy the Service, except where the law allows it despite this restriction;
  • run agents in a way that is intended to cause harm, or that takes actions on systems you are not authorized to act on.

You are responsible for what your agents do. The review and approval gates in the Service help you; they do not replace your own judgement. We may suspend access to stop a breach of this section or a risk to the Service or other customers, and will tell you why when we reasonably can.

7. Our rights

The Service, its software, design, documentation and brand, including the Guildwise HQ name and logo, belong to us or our licensors. We give you a limited, non-exclusive, non-transferable right to use the Service and the runner software for your own business during the term of your subscription or trial. Third-party and open-source components are licensed under their own terms.

If you give us feedback or ideas we may use them without obligation to you.

8. Privacy and security

We process personal information as set out in the Privacy policy. We apply reasonable technical and organizational security measures. You must keep your own machines, repositories, credentials and the runner secure; the runner has access to what you give it.

9. Availability and support

We aim to keep the Service available but do not promise uninterrupted or error-free operation. Maintenance, incidents, and problems with your machines, networks or model providers can interrupt it. Support is provided through the Contact us page; any response times belong to your plan and are not guaranteed unless your order says so.

10. Warranties and AI output

The Service is provided "as is" and "as available". To the extent the law allows, we give no warranty that it is fit for a particular purpose or that it is free of errors.

Agents powered by AI models can make mistakes, produce incorrect or incomplete output, or act in ways you did not intend. You are responsible for reviewing what your agents do before relying on it or letting it reach production, customers or third parties. We are not responsible for the output of any model or tool you connect.

11. Limitation of liability

To the maximum extent the law allows:

  • we are not liable for indirect or consequential loss, loss of profit, revenue, goodwill or data, or business interruption, even if we were told it was possible;
  • our total liability for all claims arising from the Service in any 12-month period is limited to the fees you paid us for the Service in the 12 months before the event that gave rise to the claim; and
  • we are not liable for loss caused by your breach of these terms, by your agents or by third-party services you connect.

Nothing in these terms limits liability that cannot lawfully be limited, including for fraud, gross negligence, or where the Consumer Protection Act gives you rights that cannot be excluded.

12. Indemnity

You indemnify us against claims by third parties, and the reasonable costs of defending them, that arise from Your Content, from your agents' actions, or from your breach of these terms or the law.

13. Term and termination

These terms apply from when you first use the Service until your account or organization ends. You can stop using the Service and cancel at any time (section 4). We may suspend or end access if you materially breach these terms and do not fix it within a reasonable time after we ask you to; immediately where the breach is serious, unlawful or a risk to others; or if we stop offering the Service (in which case we will refund any prepaid period we cannot honour). Sections that by their nature should continue (including 5, 7, 11, 12 and 15) survive the end.

14. Changes to these terms

We may change these terms. For material changes we will give you reasonable notice by e-mail or in the Service before they apply. If you do not agree you may cancel before the change applies; continued use afterwards means you accept it.

15. General

  • Governing law. These terms are governed by the laws of the Republic of South Africa. Subject to any mandatory rights you have under consumer law, you agree to the jurisdiction of the High Court of South Africa, Western Cape Division.
  • Entire agreement. These terms, the Privacy policy and any order form are the whole agreement and replace earlier discussions about the Service.
  • Severability. If a provision is unenforceable the rest stays in force.
  • No waiver. Not enforcing a right is not giving it up.
  • Assignment. You may not transfer your rights without our written consent. We may transfer ours to a successor of our business.
  • Notices. We may give notices by e-mail to your account address or in the Service. You can reach us through Contact us.
  • Force majeure. Neither party is liable for failure caused by events beyond its reasonable control.
  • Electronic communications. You agree that we may contract and communicate with you electronically.

16. Contact

Creativ360 (Pty) Ltd trading as Guildwise HQ, 43 Malva Street, Dana Bay, Mossel Bay, Western Cape, South Africa. Registration number 2018/313314/07. Use the Contact us page for any question about these terms.