Terms of Service

1. Agreement to Terms

By accessing or using Qontinui ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and Qontinui ("we," "us," or "our"). By using the Service, you represent that you have read, understood, and agree to be bound by these Terms.

2. Description of Service

Qontinui is a general-purpose GUI automation platform that enables users to create, configure, and execute automated interactions with graphical user interfaces. The Service includes:

• A web-based configuration interface for building automation workflows
• An open-source Python library for automation execution
• A desktop runner application for local execution
• Project management and export capabilities
• Documentation and community resources

The Service is designed as a general-purpose tool. You, the user, are solely responsible for how you use this technology and ensuring your use complies with all applicable laws, regulations, and third-party terms of service.

3. Eligibility

You must be at least 16 years old to use this Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

4. Account Registration

To use certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities under your account

You may not use another person's account without permission, create multiple accounts for fraudulent purposes, or share your account credentials.

5. Responsible Use and User Obligations

IMPORTANT: Qontinui is a general-purpose automation tool. You are entirely responsible for ensuring your use complies with all applicable laws and third-party agreements.

5.1 Your Responsibilities

When using Qontinui, you are solely responsible for:

• Compliance with Laws: Ensuring your automation activities comply with all applicable local, state, national, and international laws and regulations
• Third-Party Terms: Reading and complying with the Terms of Service, End User License Agreements (EULAs), and acceptable use policies of any application or service you automate
• Permission and Authorization: Only automating applications and services where you have explicit permission to do so
• Anti-Cheat Compliance: Not using Qontinui to circumvent, disable, or interfere with anti-cheat systems, security measures, or technical protection measures
• Account Risks: Understanding that automation may violate third-party terms of service and could result in account suspension, bans, or legal action by third parties
• Data Protection: Ensuring your automation activities comply with applicable data protection and privacy laws (GDPR, CCPA, etc.)

5.2 Gaming and Online Services

Many users employ Qontinui for gaming automation. We explicitly do not condone or support violations of game Terms of Service.

If you use Qontinui with games or online services, you acknowledge and agree that:

• Many games prohibit automation in their Terms of Service
• Using automation may result in permanent account bans
• You may not use Qontinui to gain unfair competitive advantages in multiplayer or competitive environments
• You may not use Qontinui to circumvent anti-cheat systems or security measures
• You accept all risks associated with using automation in games, including account loss
• We provide no warranty that our Service will work in any specific game or avoid detection

5.3 Recommended and Discouraged Use Cases

Recommended Use Cases (Low Risk):

• Single-player games where automation does not violate terms of service
• Applications you own or have explicit permission to automate
• Software testing and quality assurance
• Productivity automation for personal workflows
• Educational and research purposes
• Game development and testing (your own games)

Discouraged Use Cases (High Risk - Proceed at Your Own Risk):

• Multiplayer or competitive games (likely violates ToS)
• Online games with anti-cheat systems (high ban risk)
• Applications that explicitly prohibit automation
• Any use that provides unfair competitive advantage
• Commercial use on third-party platforms without permission

5.4 No Circumvention Tools Provided

Qontinui does not include, provide, or support tools for circumventing anti-cheat systems, security measures, or technical protection measures. Our software operates as a general-purpose automation platform. Any methods for avoiding detection or bypassing security systems are:

• Not provided by us
• Not supported by us
• Entirely your responsibility if you choose to develop or use them
• Potentially illegal under laws such as the DMCA (U.S.) or equivalent laws in other jurisdictions

6. Subscription Plans and Billing

6.1 Free and Paid Plans

We offer both free and paid subscription plans. The features, limitations, and pricing for each plan are described on our website at qontinui.com.

6.2 Payment

Paid subscriptions are billed in advance on a recurring basis (monthly or annually). You authorize us to charge your payment method for all fees associated with your subscription. Payment processing is handled by Stripe.

6.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current rate for your plan.

6.4 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of the current billing period. We do not provide refunds for partial months or unused portions of your subscription, except as required by law or in cases of service failure on our part.

6.5 Price Changes

We reserve the right to change our pricing. We will provide at least 30 days' notice before any price increase takes effect for existing subscribers. Your continued use of the Service after a price change constitutes acceptance of the new pricing.

7. Prohibited Uses

In addition to the responsibilities outlined in Section 5, you explicitly agree not to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or our servers
• Use the Service to harass, abuse, or harm others
• Scrape, crawl, or spider the Service without permission
• Reverse engineer or attempt to extract source code from the proprietary components of the Service (the hosted coordination service; the web interface and backend are open source under AGPL-3.0 and governed by that license)
• Use the Service for any illegal or unauthorized purpose
• Resell or redistribute the Service without our written consent
• Use Qontinui to create automation that violates third-party terms of service in a manner that causes harm to those third parties or their users
• Use Qontinui in connection with any activity that could subject us to legal liability or damage our reputation

For complete details on acceptable use, please review our Acceptable Use Policy.

8. Intellectual Property

8.1 Our Rights

The Service, including all content, features, and functionality (excluding open-source components), is owned by Qontinui and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Service for its intended purpose.

Our open-source components (qontinui Python library, qontinui-runner, qontinui-web, qontinui-cloud-control, and others) are licensed under the GNU Affero General Public License v3.0 or later (AGPL-3.0) and subject to the terms of that license.

8.2 Your Content

You retain all rights to the automation configurations, projects, and other content you create using the Service ("Your Content"). By uploading Your Content, you grant us a limited license to store, process, and display it solely for the purpose of providing the Service to you.

You represent and warrant that you own or have the necessary rights to Your Content and that it does not violate any third-party rights or laws.

9. Data and Privacy

Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at qontinui.com/privacy to understand how we collect, use, and protect your data.

The desktop runner (qontinui-runner) executes automation locally on your machine. We do not collect or have access to the content you automate, screenshots you capture, or applications you interact with using the local runner.

10. Service Availability

We strive to provide reliable service, but we do not guarantee that the Service will be available at all times or without interruption. We may modify, suspend, or discontinue any part of the Service at any time with or without notice.

We are not responsible for any loss or damage resulting from service downtime, maintenance, technical issues, or your inability to access third-party applications.

11. Third-Party Services and Applications

Qontinui enables you to interact with third-party applications, games, and services. We are not affiliated with, endorsed by, or responsible for any third-party services you choose to automate.

You acknowledge that:

• Your use of third-party applications is governed by their own terms of service
• We are not responsible for changes to third-party applications that affect Qontinui's functionality
• We are not liable for any consequences resulting from your automation of third-party applications
• Third parties may take action against you for violating their terms, including but not limited to account suspension or legal action

12. Disclaimer of Warranties

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

We specifically disclaim any warranties that:

• The Service will function with any specific third-party application
• Your use of the Service will not result in third-party account bans or suspensions
• Automation created with the Service will avoid detection by anti-cheat systems
• Your use will comply with third-party terms of service
• The Service will be uninterrupted, error-free, secure, or free of viruses

YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, QONTINUI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, or use
• Account bans or suspensions by third parties
• Legal action taken against you by third parties
• Damage to your reputation
• Any other damages arising out of or related to your use of the Service

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so the above limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless Qontinui, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms or our Acceptable Use Policy
• Your violation of any third-party terms of service
• Your violation of any rights of another party
• Your Content
• Any automation you create or execute using the Service
• Any legal action taken against you by third parties related to your use of the Service

15. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms or our Acceptable Use Policy, or if we receive legal demands from third parties related to your use of the Service.

Upon termination, your right to use the Service will cease immediately. We may delete your account and Your Content within 30 days of termination, except where we are required to retain it for legal purposes.

You may terminate your account at any time by contacting us or through your account settings.

16. Governing Law and Disputes

These Terms are governed by the laws of the United States and the State of [Your State - Update This], without regard to conflicts of law provisions.

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court for intellectual property disputes or violations of these Terms.

Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between you and Qontinui individually. You waive any right to participate in any class action, class arbitration, or other representative proceeding.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. For significant changes, we may also send email notification.

Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and cancel your account.

18. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Qontinui regarding your use of the Service and supersede all prior agreements and understandings.

20. Export Control

The Service may be subject to export control laws. You agree to comply with all applicable export and re-export control laws and regulations, including the U.S. Export Administration Regulations. You represent that you are not located in a country subject to U.S. government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties.

21. Contact Information

If you have questions or concerns about these Terms, please contact us at:

Qontinui
Email: jspinak@alum.mit.edu
Website: qontinui.com