1. Agreement
These Terms of Use (the “Terms”) are a binding
agreement between you and Kwirker (“Kwirker,”
“we,” “us”) governing your access to and
use of kwirker.com,
app.kwirker.com,
our APIs, our agent runtimes, and any related services
(collectively, the “Services”).
By creating an account, clicking “I agree,” or using
the Services, you agree to these Terms. If you’re using the
Services on behalf of an organization, you represent that you
have authority to bind that organization, and “you”
refers to that organization.
Our Privacy Policy
is incorporated into these Terms by reference.
2. Eligibility & accounts
- You must be at least 16 years old to use the Services. If you’re using the Services on behalf of an organization, the organization must be legally able to enter into this agreement.
- You’re responsible for keeping your account credentials safe, for everything that happens under your account, and for the actions of agents you deploy.
- Authentication is federated through our Keycloak broker. You agree to follow your identity provider’s terms as well as ours.
- If you’re a tenant admin, you’re responsible for the users and agents you invite or create in your workspace.
3. Your content
“Customer Content” means anything you or your agents
submit to, generate in, or store on the Services — prompts,
files, agent source code in GitLab, skills, mailboxes, memory
entries, marketplace listings, and outputs.
- Ownership. You own your Customer Content. We don’t claim rights in it.
- License to run the Services. You grant us a worldwide, non-exclusive, royalty-free license to host, copy, transmit, scan, trace, and display Customer Content solely as needed to provide, secure, and improve the Services for you.
- No training on your content. We do not use Customer Content to train public or shared AI models. When you bring your own key for a third-party model, that model provider’s terms apply to what it sees.
- Outputs. Subject to your payment of fees, you own the outputs your agents produce for you. You’re responsible for how you use them, including verifying them before relying on them for decisions.
- Feedback. If you send us feedback or suggestions, we can use it without restriction.
4. Acceptable use
You agree not to, and not to allow your agents to:
- Use the Services to violate any law, infringe any intellectual-property right, or cause harm to others.
- Generate or distribute child sexual abuse material, non-consensual intimate imagery, content that harasses or threatens identifiable individuals, or material that incites violence.
- Circumvent or disable our guardrails, ClamAV scanning, rate limits, or the guardrails proxy that sits in front of every outbound agent call.
- Reverse engineer, scrape, or bulk-export the Services except to the extent the law permits despite this restriction.
- Attempt to access tenants, schemas, workspaces, memory indices, or repositories you don’t own, or to extract personal data about other users.
- Upload malware, run denial-of-service activity, or intentionally cause outages.
- Use the Services to build a competing agent platform by scraping our interfaces or reproducing our features.
- Bypass the model broker to call model providers directly from inside an agent runtime, or disable Langfuse tracing on a model call.
We may suspend or restrict access if we reasonably believe the
Services are being used in violation of these Terms or in a way
that risks harm to us, other customers, or the public.
5. AI outputs — what to expect
- AI outputs can be wrong, biased, or inappropriate. Don’t rely on them for legal, medical, financial, or other high-stakes decisions without human review.
- Because different users can give the same prompt and receive similar outputs, outputs are not exclusive to you.
- You’re responsible for verifying outputs before you use them, publish them, or act on them.
- We apply layered guardrails (built-in, Prompt Guard, Llama Guard, and any user-defined rules), but they’re not perfect. They reduce risk; they don’t eliminate it.
6. Fees, billing & taxes
- Paid plans are billed in advance through Stripe on the cadence you pick (monthly or annual). Add-ons (like Zoom-as-a-Service at $20 per agent per month) are metered and billed the same way.
- Overage fees for usage above your plan limits accrue during the period and are charged at the next invoice.
- Fees are exclusive of taxes. You’re responsible for applicable sales, use, VAT, or similar taxes.
- Fees are non-refundable except where required by law. If you cancel mid-period, you’ll retain access through the end of the paid period.
- If payment fails, we’ll retry and notify you. Repeated failure may result in suspension or downgrade to the free tier.
- We may change prices. For paid plans, we’ll give you at least 30 days’ notice before changes take effect for you.
7. Marketplace
The Kwirker Marketplace lets authors list skills, agents, and
bundles for sale. If you list, buy, or install marketplace items,
the following applies.
- Sellers. You must own or have the right to sell what you list. You’re responsible for tax registration in your jurisdiction. Payouts run through Stripe Connect; Stripe’s Connected Account Agreement governs the payout leg.
- Platform fee. We take a platform fee (disclosed in the seller dashboard) from each transaction before transferring the rest to you.
- Scanning. Every bundle is ClamAV-scanned on upload and on install. Bundles that fail the scan are blocked.
- Buyers. Marketplace items are licensed to you under the seller’s listed license. We don’t guarantee marketplace items; warranties, if any, run from the seller.
- Takedowns. We’ll respond to valid DMCA notices and other IP complaints, and we can remove listings that violate these Terms.
8. Third-party services
The Services integrate with third-party providers (model vendors
via the broker, merge.dev connectors, identity providers
federated through Keycloak, Stripe, Cloudflare, and others).
Those providers’ terms govern their portion of your use. When
you use bring-your-own-key (BYOK) access to a model provider,
your prompts and outputs go to that provider under its terms.
9. Beta features
Features labeled “beta,” “preview,” or
similar are provided as-is, may change or be removed, and are
excluded from any service-level commitments. Don’t use them for
production workloads unless we say otherwise in writing.
10. Our IP
Kwirker, the Services, and all software, documentation, designs,
logos, and marks we provide are owned by us or our licensors.
These Terms grant you a limited, non-exclusive, non-transferable,
revocable license to access and use the Services for their
intended purpose. We reserve all other rights.
11. Confidentiality
Each party may receive non-public information from the other
that is marked confidential or reasonably understood to be
confidential. The receiving party will use it only to perform
under these Terms, protect it with at least the same care it
uses for its own confidential information, and not disclose it
except to its personnel and advisors under confidentiality
obligations. Obligations don’t apply to information that is
public, independently developed, or required to be disclosed by
law (with reasonable notice where lawful).
12. Term, suspension & termination
- These Terms apply while you have an account or use the Services.
- You can cancel anytime from the product Settings.
- We can suspend or terminate access for material breach, repeated abuse, non-payment, or a reasonable belief that continued access poses a security or legal risk. Where practical, we’ll give notice and a chance to cure.
- On termination, your right to use the Services ends. We’ll keep Customer Content available for export for 30 days, then purge it (except where law requires longer retention).
- Sections that by their nature should survive termination (including ownership, fees owed, disclaimers, limitation of liability, indemnification, confidentiality, and dispute resolution) will survive.
13. Warranties & disclaimers
The Services are provided “as
is” and “as
available.” To the maximum extent permitted by
law, we disclaim all warranties, express or implied, including
merchantability, fitness for a particular purpose,
non-infringement, and accuracy of AI outputs. We do not warrant
that the Services will be uninterrupted, error-free, secure
against every attack, or that any specific output will be
correct or suitable for your purpose.
14. Indemnification
You’ll defend, indemnify, and hold Kwirker harmless from
third-party claims and related costs (including reasonable
attorneys’ fees) arising out of (a) your Customer Content,
(b) your or your agents’ use of the Services in violation of
these Terms or applicable law, (c) marketplace listings you
publish, or (d) your violation of a third party’s rights.
15. Limitation of liability
To the maximum extent permitted by law, neither party will be
liable for indirect, incidental, special, consequential, or
punitive damages, or for lost profits, revenue, or data, arising
out of or related to these Terms, even if advised of the
possibility. Each party’s total liability arising out of or
related to these Terms will not exceed the fees you paid to
Kwirker for the Services in the 12 months before the event
giving rise to the claim, or $100 if no fees were paid. These
limits don’t apply to your payment obligations, your
indemnification obligations, or liabilities that cannot be
limited by law.
16. Governing law & disputes
These Terms are governed by the laws of the State of Delaware,
USA, without regard to conflict-of-laws rules. Disputes will be
resolved in the state or federal courts located in Delaware, and
the parties consent to personal jurisdiction there. Nothing
here prevents either party from seeking injunctive relief in
any court with jurisdiction to protect its IP or confidential
information.
If applicable law in your jurisdiction gives you mandatory
rights that conflict with this section, those rights prevail to
the extent required by law.
17. Changes to these Terms
We may update these Terms. For material changes, we’ll update
the “last updated” date and, for logged-in users,
surface a notice in-product before the change takes effect.
Continued use of the Services after the effective date means
you accept the updated Terms.
18. Miscellaneous
- Entire agreement. These Terms, together with the Privacy Policy and any order form or plan-specific terms, are the entire agreement between you and us regarding the Services.
- Assignment. You can’t assign these Terms without our written consent. We can assign them in connection with a merger, acquisition, or sale of assets.
- Force majeure. Neither party is liable for delays or failures due to events beyond its reasonable control.
- No waiver / severability. Failure to enforce a provision is not a waiver. If a provision is unenforceable, the rest remains in effect.
- Notices. Legal notices to us should go to legal@kwirker.com. We’ll send notices to the email on your account.
19. Contact
Questions about these Terms:
legal@kwirker.com.
Looking for our Privacy Policy?
It’s here.