Terms of Service

1. The Service

Winwaiv Personal Agent is a hosted and maintained instance of the open-source Hermes Agent framework. The Service can provide AI-assisted research, drafting, organization, automation, tool use, and other features we make available. Features, integrations, models, limits, and availability may vary by account or plan and may change over time.

Hermes Agent is created by Nous Research. Google services and other third-party products may be made available through integrations. Winwaiv is not affiliated with, endorsed by, or sponsored by Nous Research or Google unless expressly stated otherwise. Third-party names and marks belong to their respective owners.

2. Eligibility and Accounts

You must be legally capable of entering into these Terms and be at least 18 years old, or the age of majority where you live, to use the Service. If you use the Service for an organization, you represent that you have authority to bind that organization, and “you” includes that organization.

You must provide accurate account information, safeguard credentials and access methods, and promptly notify us of suspected unauthorized use. You are responsible for activity performed through your account, except to the extent caused by our breach of these Terms or applicable law.

3. Connected Services and Google Authorization

The Service may allow you to connect a Google account or other third-party account. You choose whether to connect an account and which requested permissions to grant. You authorize Winwaiv and its service providers to access and process information from a connected service only as needed to provide the features you request and as described in our Privacy Policy.

Your use of a connected service remains subject to that provider's own terms and policies. We do not control third-party services and are not responsible for their availability, security, changes, or acts. You can remove Google access through your Google Account security settings and may also contact us for assistance or a deletion request.

We request only permissions reasonably required for enabled features. You must not use the Service to access another person's account or data without valid authorization.

4. Your Content and Instructions

You retain ownership of content, data, files, prompts, and other material you submit to or connect with the Service (“Your Content”). You grant Winwaiv a limited, non-exclusive licence to host, copy, transmit, modify, and process Your Content only as reasonably necessary to operate, secure, support, and provide the Service, comply with law, and enforce these Terms.

You represent that you have all rights and permissions needed for Your Content and your instructions. You are responsible for deciding what information to submit, reviewing outputs, approving actions, and ensuring that your use of the Service and its outputs complies with law and any obligations you owe to others.

Our handling of personal information and Google user data is described in our Privacy Policy. Google Workspace API data is not used to train generalized or non-personalized AI or machine-learning models.

5. AI Outputs and Automated Actions

AI-generated outputs may be inaccurate, incomplete, offensive, or unsuitable, and may not be unique. The Service can misunderstand instructions or take an unintended action. You must use appropriate human review before relying on an output or allowing an action to affect people, communications, records, finances, legal rights, health, safety, employment, or other important matters.

The Service does not provide legal, medical, financial, accounting, or other regulated professional advice. You should consult a qualified professional when such advice is required. You are responsible for confirming facts and for all decisions and actions taken using the Service.

6. Acceptable Use

You may not use or attempt to use the Service to:

• violate any law, regulation, court order, contract, intellectual-property right, privacy right, or third-party policy;
• harm, threaten, harass, exploit, defraud, impersonate, or mislead another person;
• create or distribute malware, facilitate unauthorized access, evade security measures, or interfere with the Service or another system;
• send spam or unlawful communications, or collect or process data without the required notice, consent, or legal basis;
• use the Service for unlawful surveillance, prohibited discrimination, or decisions that unlawfully affect a person's rights or access to essential services;
• extract source code or bypass usage, safety, access, or technical limits, except where applicable law expressly permits it; or
• use the Service in a way that creates material risk or liability for Winwaiv, our providers, users, or others.

We may investigate suspected misuse and restrict or suspend access when reasonably necessary to protect the Service, users, third parties, or comply with law.

7. Fees, Plans, and Taxes

If you purchase a paid plan or services, the pricing, billing cycle, included usage, cancellation terms, and any service-specific commitments shown in your order, proposal, or subscription terms also apply. Unless stated otherwise, fees are in the quoted currency, exclude applicable taxes, and are non-refundable except as required by law or expressly agreed in writing.

8. Privacy, Security, and Service Data

Our Privacy Policy explains how we collect, use, disclose, retain, and delete personal information and Google user data. You acknowledge that no online service can be completely secure or continuously available. You are responsible for maintaining appropriate backups of information you cannot afford to lose.

We may collect and use aggregated or de-identified service information to operate, secure, analyze, and improve the Service, provided it cannot reasonably be used to identify you.

9. Intellectual Property

Except for Your Content and third-party materials, Winwaiv and its licensors own the Service, website, branding, documentation, configurations, and related intellectual property. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable right to use the Service for its intended purpose during your authorized term.

Open-source components remain governed by their applicable licences. No rights are granted except as expressly stated in these Terms.

10. Availability, Changes, and Beta Features

We may update, add, remove, limit, or discontinue features and integrations. We do not guarantee uninterrupted or error-free operation. Preview, experimental, or beta features may be changed or withdrawn at any time and are provided without service-level commitments unless we agree otherwise in writing.

11. Suspension and Termination

You may stop using the Service at any time. We may suspend or terminate access if you materially breach these Terms, fail to pay amounts due, create a security or legal risk, or if continued operation becomes unlawful or impracticable. Where reasonably possible, we will provide notice and an opportunity to cure.

After termination, your right to use the Service ends. Provisions that by their nature should survive—including ownership, disclaimers, limitations of liability, indemnity, and dispute provisions—will survive. Data deletion is handled as described in the Privacy Policy, subject to legal, security, backup, and contractual retention requirements.

12. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, AI OUTPUTS, INTEGRATIONS, AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WINWAIV DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND COLLATERAL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, AND UNINTERRUPTED AVAILABILITY.

Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WINWAIV AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, USE, OR DATA, ARISING FROM OR RELATED TO THE SERVICE, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF WINWAIV AND THE ABOVE PARTIES FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID WINWAIV FOR THE SERVICE DURING THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) CAD $100.

These limitations apply regardless of the form of action and even if a remedy fails of its essential purpose. They do not apply to liability that cannot be limited by law.

14. Indemnity

To the extent permitted by law, you will defend, indemnify, and hold harmless Winwaiv and its owners, directors, officers, employees, and contractors from third-party claims, losses, liabilities, damages, and reasonable legal costs arising from Your Content, your instructions or actions through the Service, your breach of these Terms, or your violation of law or another person's rights. This obligation does not apply to the extent a claim was caused by Winwaiv's breach, gross negligence, or wilful misconduct.

15. Governing Law and Disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-law rules. Subject to any rights you have under mandatory consumer law, the courts located in Ontario will have exclusive jurisdiction over disputes arising from these Terms or the Service.

Before starting a formal claim, you and Winwaiv agree to make reasonable good-faith efforts for 30 days to resolve the dispute informally after written notice. Either party may seek urgent injunctive or equitable relief where appropriate.

16. General

These Terms, the Privacy Policy, and any applicable written order or service agreement form the entire agreement about the Service. If a written order conflicts with these Terms, the order controls only for the subject it addresses. If any provision is unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will continue.

You may not assign these Terms without our written consent. We may assign them as part of a reorganization, financing, merger, acquisition, or sale of business or assets. A failure to enforce a provision is not a waiver. Neither party is liable for delay or failure caused by events beyond its reasonable control, except for payment obligations.

17. Changes to These Terms

We may update these Terms to reflect changes to the Service, law, or our practices. We will post the revised Terms with a new effective date and provide additional notice where required. If a material change applies to your ongoing use, continued use after the change becomes effective means you accept the revised Terms; if you do not agree, you must stop using the Service.

18. Contact

Questions, notices, or concerns about these Terms can be sent to: