Last updated: March 29, 2025
These Terms and Conditions ("Terms," "T&C," or "Agreement"), including the incorporated Privacy Policy, constitute the entire, final, and legally binding agreement between you ("User," "you," or "your") and Iwyvern ("we," "us," "our"), operating the Iwyvern platform and website (collectively, the "Service") at iwyvern.com.
ACCESSING, BROWSING, REGISTERING FOR, OR USING ANY PART OF THE SERVICE INDICATES YOUR IRREVOCABLE ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY ALL OF THESE TERMS AND THE PRIVACY POLICY. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THESE TERMS, YOU HAVE NO RIGHT TO USE THE SERVICE AND MUST IMMEDIATELY CEASE ALL USE THEREOF.
If you are using the Service on behalf of an organization, you represent and warrant that you possess the full legal authority to bind that organization to these Terms, and you hereby agree to these Terms on behalf of that organization. Any reference to "you" includes such organization.
Iwyvern provides an online platform currently offering features including AI-assisted cloud infrastructure management tools. The Service is provided "AS IS" and is subject to modification, suspension, or discontinuation, in whole or in part, at any time, in our sole and absolute discretion, with or without notice. Features available may differ based on the Service tier selected (e.g., Free Tier vs. Basic Tier). We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service or any part thereof. We have no obligation to provide maintenance, support, updates, or enhancements to the Service, except as may be explicitly stated for a paid tier.
You represent and warrant that you are at least 16 years old (or the minimum legal age in your jurisdiction to form a binding contract and consent to data processing, if older, but not less than 13) and possess the legal capacity and authority to enter into this Agreement. You are solely responsible for ensuring that your use of the Service complies with all laws, rules, and regulations applicable to you in your jurisdiction. The right to access the Service is revoked where this Agreement or use of the Service is prohibited by law.
Registration Accuracy: You agree to provide truthful, accurate, current, and complete information during registration and to maintain and promptly update such information. Providing false or outdated information is a material breach of these Terms.
Security Obligation: You are solely and entirely responsible for maintaining the confidentiality and security of your account credentials (password, etc.). Account sharing is strictly prohibited. You are solely responsible for all activities that occur under your account, whether authorized by you or not. You must notify us immediately at support@iwyvern.com of any suspected or actual unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with these security obligations.
Account Suspension/Termination: We reserve the right to suspend or terminate your account immediately, without notice, if we suspect, in our sole discretion, any breach of these Terms, security compromise, or activity that may harm the Service or other users.
Your license to use the Service is strictly conditional upon your adherence to these Terms. You expressly agree you will NOT, and will not permit any third party to:
Any violation of these rules may result in immediate termination of your access to the Service without notice and without refund, and may subject you to civil or criminal liability.
Your Content: You retain ownership of your User Content. However, by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, host, store, reproduce, modify, adapt (e.g., for technical purposes), communicate, publish, publicly perform, publicly display, and distribute such User Content solely for the limited purposes of operating, providing, securing, promoting, and improving the Service, and developing new ones. You represent and warrant you have all necessary rights to grant this license and that your User Content does not violate any third-party rights or laws. You are solely responsible for your User Content and the consequences of posting or publishing it. We do not endorse any User Content.
Our Content and IP: The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto (excluding your User Content), are the exclusive property of Iwyvern and/or licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights. We grant you only a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service strictly for your internal personal or business purposes, subject to these Terms and your chosen Service tier. All rights not expressly granted are reserved by us.
Feedback: If you provide us with any feedback, suggestions, improvements, or feature requests ("Feedback"), you hereby grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, incorporate, exploit, and otherwise commercialize such Feedback in any manner, without restriction and without any obligation or compensation to you. Feedback is provided voluntarily and will be treated as non-confidential.
Copyright Policy: We respect intellectual property rights. If you believe your copyright has been infringed, please contact us at support@iwyvern.com with relevant details.
AI features (e.g., powered by Google Gemini) are provided for convenience and informational purposes only.
NO GUARANTEES: AI-GENERATED OUTPUT IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR GUARANTEES OF ACCURACY, COMPLETENESS, RELIABILITY, SUITABILITY, OR AVAILABILITY. IT MAY CONTAIN ERRORS, INACCURACIES, BIASES, OR BE OUTDATED.
USE AT YOUR OWN RISK: YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND APPROPRIATENESS OF AI OUTPUT. DO NOT RELY ON AI OUTPUT FOR CRITICAL DECISIONS OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
NO LIABILITY: WE EXPLICITLY DISCLAIM ANY AND ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATED TO YOUR USE OF OR RELIANCE ON AI FEATURES OR THEIR OUTPUT.
Usage Limits: Access to AI features is subject to tier limitations and may also be subject to fair use policies determined at our sole discretion, even within paid tiers, to prevent abuse or excessive load.
The Service integrates with or relies upon third-party services (AWS, Google, Stripe, etc.) and may contain links to third-party websites. These third parties have their own terms and privacy policies. YOUR USE OF THIRD-PARTY SERVICES IS ENTIRELY AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR: (A) THE AVAILABILITY, ACCURACY, OR FUNCTIONALITY OF THIRD-PARTY SERVICES/LINKS; (B) THE CONTENT, PRODUCTS, OR SERVICES ON OR AVAILABLE FROM SUCH THIRD PARTIES; OR (C) THEIR DATA HANDLING PRACTICES OR COMPLIANCE. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY THIRD-PARTY SERVICES.
Tiers & Features: Service features depend on the tier (Free or Basic). Descriptions are available on our website but are subject to change. The Free Tier may have significant limitations and can be modified or discontinued at our sole discretion.
Basic Tier Subscription:
Taxes: You are solely responsible for identifying and paying all applicable taxes, duties, levies, or similar governmental assessments, including VAT, sales, use or withholding taxes, associated with your purchase or use of the Service. Our fees are exclusive of such taxes unless explicitly stated otherwise.
Cancellation: You may cancel your Basic Tier subscription at any time via account settings or by contacting support. Cancellation is effective at the end of the current paid billing cycle. No prorated refunds are provided.
Statutory Right: Consumers in the EU generally have a 14-day right to withdraw from distance contracts for digital services.
IMMEDIATE PERFORMANCE & WAIVER OF WITHDRAWAL RIGHT: THE IWYVERN BASIC TIER PROVIDES IMMEDIATE ACCESS TO DIGITAL SERVICES UPON SUCCESSFUL SUBSCRIPTION. THEREFORE, DURING THE CHECKOUT PROCESS, YOU WILL BE REQUIRED TO: (1) PROVIDE YOUR PRIOR EXPRESS CONSENT TO BEGIN THE PERFORMANCE OF THE SERVICE IMMEDIATELY, BEFORE THE 14-DAY WITHDRAWAL PERIOD ENDS; AND (2) EXPLICITLY ACKNOWLEDGE THAT BY GIVING THIS CONSENT AND RECEIVING IMMEDIATE ACCESS, YOU IRREVOCABLY LOSE YOUR STATUTORY RIGHT OF WITHDRAWAL. IF YOU DO NOT PROVIDE BOTH THIS CONSENT AND ACKNOWLEDGEMENT, YOUR SUBSCRIPTION CANNOT BE COMPLETED. Confirmation will be provided.
STRICT NO-REFUND POLICY: SUBJECT ONLY TO THE LIMITED CIRCUMSTANCE WHERE THE STATUTORY RIGHT OF WITHDRAWAL APPLIES AND HAS NOT BEEN VALIDLY LOST AS DESCRIBED ABOVE, OR WHERE MANDATORY APPLICABLE LAW REQUIRES A REFUND (E.G., FOR PROVEN NON-CONFORMITY UNDER CONSUMER LAW), ALL FEES PAID FOR THE BASIC TIER SUBSCRIPTION ARE FINAL, NON-CANCELABLE, AND STRICTLY NON-REFUNDABLE. WE PROVIDE NO REFUNDS OR CREDITS FOR ANY REASON, INCLUDING BUT NOT LIMITED TO PARTIAL MONTHS, CANCELLATION MID-CYCLE, LACK OF USE, DISSATISFACTION WITH THE SERVICE, OR TERMINATION OF YOUR ACCOUNT (WHETHER BY YOU OR US).
THE SERVICE IS PROVIDED STRICTLY ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. TO THE ABSOLUTE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IWYVERN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR THAT ANY INFORMATION OR CONTENT OBTAINED THROUGH IT (INCLUDING AI OUTPUT) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE DISCLAIM ALL LIABILITY FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE. YOU USE THE SERVICE AT YOUR OWN SOLE RISK AND DISCRETION.
(Note for Consumers: These disclaimers do not exclude or limit liability for lack of conformity where required by mandatory Spanish/EU consumer protection laws.)
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IWYVERN (INCLUDING ANY EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STATUTE, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION, IS STRICTLY LIMITED TO THE GREATER OF: (A) THE TOTAL AMOUNT OF SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO US FOR THE BASIC TIER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED EUROS (€100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL AND REASONABLE ALLOCATIONS OF RISK BETWEEN YOU AND US AND FORM A FUNDAMENTAL BASIS OF THE BARGAIN, WITHOUT WHICH WE WOULD NOT PROVIDE THE SERVICE ON THE CURRENT TERMS OR PRICE.
(Note: These limitations do not apply to liability resulting from our gross negligence or willful misconduct, death or personal injury caused by our negligence, or any other liability which cannot be excluded or limited under mandatory applicable law in Spain/EU.)
You agree to fully defend, indemnify, and hold harmless Iwyvern (and respective employees, contractors, agents, officers, directors, suppliers, licensors) from and against any and all claims, actions, demands, damages, obligations, losses, liabilities, settlements, costs, debt, and expenses (including but not limited to all legal and professional fees and costs) arising from or related to: (a) your access to or use or misuse of the Service; (b) your User Content; (c) your violation of any term of this Agreement; (d) your violation of any applicable law, rule, or regulation; (e) your violation of any third-party right, including without limitation any intellectual property right, privacy right, or publicity right; (f) any negligence or willful misconduct by you; or (g) any access or use of the Service by any other party using your account credentials. This indemnification obligation will survive the termination of this Agreement and your use of the Service. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us fully in asserting any available defenses.
Our Right: We reserve the right to, in our sole and absolute discretion, suspend, restrict, or terminate your access to all or any part of the Service at any time, for any reason or no reason, including but not limited to any breach of these Terms, with or without prior notice, and without any liability or obligation to you whatsoever (including any obligation for refund, except as mandated by law).
Your Right: You may terminate your account and cease use of the Service at any time. Basic Tier cancellation is governed by Section 9.
Effect: Upon termination, all licenses granted to you hereunder immediately cease. You must cease all use of the Service. We have no obligation to retain your User Content post-termination and may delete it (subject to our Privacy Policy and GDPR). All provisions which by their nature should survive termination shall survive (including, without limitation, ownership, disclaimers, liability limitations, indemnity, governing law).
We reserve the exclusive right to modify or replace these Terms at any time in our sole discretion. We will indicate changes by updating the "Last updated" date. For material changes, we may provide additional notice (e.g., email or in-Service notification), but posting the revised Terms on our website constitutes sufficient notice.
It is your sole responsibility to review these Terms periodically for changes. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF THOSE CHANGES. If you do not agree to the revised Terms, your sole remedy is to discontinue using the Service.
Governing Law: This Agreement and any dispute arising out of or related to it or the Service shall be governed by and construed exclusively in accordance with the internal laws of Spain, without regard to its conflict of law principles. Application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. Mandatory consumer protection laws of your EU country of residence remain applicable if they provide greater protection than Spanish law.
Exclusive Venue: You irrevocably agree that the courts located in Madrid, Spain shall have sole and exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement or the Service. You hereby consent to the exclusive jurisdiction and venue of such courts and waive any objection thereto (including objections based on inconvenient forum). This choice of venue does not prevent consumers from bringing proceedings in the courts of their place of residence if required by mandatory EU consumer law.
No Class Actions/Jury Trial Waiver: TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION (IF APPLICABLE), YOU WAIVE ANY RIGHT TO A JURY TRIAL.
EU ODR: Consumers may access the EU ODR platform: http://ec.europa.eu/odr. We are not obligated nor willing to participate in ODR or ADR proceedings unless legally required.
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.