Terms & Conditions

1. Who we are & these Terms
2. Definitions
3. Acceptance of the Terms
4. Eligibility
5. Accounts & security
6. Nature of the Service; experimental software
7. AI engines & Bring Your Own Key
8. Licence to use the Software
9. Fair Usage Policy
10. Your responsibilities
11. Acceptable use & prohibited activities
12. AI output, accuracy & no professional advice
13. Your content & input
14. Intellectual property & open-source
15. Third-party services
16. Plans, billing & payment
17. Free periods, promotions & refunds
18. Availability, maintenance & beta features
19. Limitation of liability
20. Warranty disclaimers
21. Indemnification
22. Data protection (GDPR / FADP)
23. Confidentiality
24. Suspension & termination
25. Export controls & sanctions
26. Governing law & dispute resolution
27. Changes to the Service & Terms
28. General provisions
29. Contact

The Service is provided by Agenza GmbH, a limited liability company incorporated in Switzerland, with registered office at Am Mattenhof 4a, 6010 Kriens, registered under CHE-265.303.079 MWST (“Agenza”, “we”, “us” or “our”). WP Godmode is developed in collaboration with Ondřej Forda (Prague, Czechia); however, Agenza GmbH is your sole contracting party and the entity responsible to you under these Terms.

These Terms form a binding legal agreement between you (“you”, “your”, the “Customer” or “User”) and Agenza. Together with any document expressly incorporated by reference — including the Privacy Policy, the Fair Usage Policy set out in Section 9, any plan-specific order form, our Data Processing Agreement where we act as your processor, and, where applicable, an Enterprise Agreement — they constitute the entire “Agreement” between us. Where an individually negotiated Enterprise Agreement exists and conflicts with these Terms, the Enterprise Agreement prevails for that Customer.

• “Service” — the WP Godmode software, including the WordPress plugin, our website at wpgodmode.com and any successor or related domains we operate, Documentation, APIs, agents, skills, and all related features we make available.
• “Software” or “Plugin” — the WP Godmode WordPress plugin and its components installed on a Site.
• “Site” — a WordPress installation on which you install or operate the Software.
• “AI Provider” — a third-party provider of the artificial-intelligence models that power the Service, currently OpenAI and Anthropic, together with any additional or successor providers we make available from time to time. Specific model names are illustrative only; the current list of supported providers and models is described on our website and Documentation and may change.
• “AUP” — the acceptable-use rules in Section 11.
• “Your AI Account” — the account you hold directly with an AI Provider, which you connect to the Service under the Bring-Your-Own-Key model (Section 7).
• “Input” — prompts, instructions, files, code, images, site data, database records, page HTML and any other material you submit to, or make accessible through, the Service.
• “Output” — content, code, text, designs, configurations or other material generated by an AI Provider in response to Input via the Service.
• “Customer Content” — your Input and Output together with the data, content and code on your Sites.
• “Plan” — a subscription tier (e.g. Creator, Freelancer, Agency, Enterprise) with its stated user limits, Site limits and features, as published on the pricing page or in your order.
• “Subscription” — your paid right to use the Service under a Plan for a recurring billing period.
• “Order” — your purchase of a Plan through our website, checkout, or an Enterprise order form.
• “Consumer” — a natural person acting wholly or mainly outside their trade, business, craft or profession.
• “Business User” — any User who is not a Consumer, including agencies, freelancers, companies and their personnel.
• “Documentation” — the user guides, FAQs and technical references we publish for the Service.
• “Beta Features” — features identified as experimental, preview, alpha or beta.

By creating an account, purchasing a Plan, installing the Software, or otherwise accessing or using the Service, you confirm that you have read, understood and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “you” refers to that entity and its authorised Users.

Consent at sign-up. When you create an account, you are required to tick a checkbox confirming that you accept these Terms, the Privacy Policy and, where applicable, the Data Processing Agreement. You may not create an account or use the Service without providing this confirmation.

Consumers — immediate start. If you are a Consumer in the EU/EEA, Switzerland, the UK or another jurisdiction granting a statutory right of withdrawal, then by ticking the checkbox and proceeding you expressly request that we begin providing the Service immediately, and you acknowledge and agree that you lose your statutory right of withdrawal in accordance with Section 17 (which addresses both the digital-content and the service cases).

If you do not agree to these Terms, you must not access or use the Service.

To use the Service you must be at least 18 years old (or the age of majority in your jurisdiction, if higher) and have the legal capacity to enter into a binding contract. You must not use the Service if you are barred from doing so under applicable law, including export-control or sanctions laws (Section 25). We may refuse, suspend or terminate access where eligibility is not met.

An account is created together with your licence. You must provide accurate, current and complete information and keep it up to date. You are responsible for all activity under your account and for maintaining the confidentiality of your credentials. We strongly recommend enabling two-factor authentication (2FA) on your account and on every Site where the Software is installed.

You must notify us promptly at support@wpgodmode.com of any suspected unauthorised access or security breach affecting your account. We are not liable for any loss arising from your failure to safeguard your credentials or your Sites. Accounts are for the number of Users permitted by your Plan; credential sharing beyond your licensed seats is not permitted.

WP Godmode is an AI-assisted development and management tool that operates inside WordPress. It can read, write, modify and delete code, content, database records, settings and files on Sites you connect, including live production Sites, depending on the permission mode you select.

You acknowledge that the Service is experimental software. Automated and AI-assisted changes to a website carry inherent risk, including the risk of errors, broken layouts, data loss, downtime, security exposure, or unintended changes. The Service offers per-Site permission modes (e.g. ask-before-every-action, autonomous, read-only), step-by-step undo, plan mode and visual verification to help you manage that risk, but these controls reduce risk; they do not eliminate it. You are solely responsible for choosing an appropriate permission mode for each Site and for maintaining current, working backups before making changes. See Section 10.

The Service is powered by third-party AI Providers and operates on a Bring-Your-Own-Key (BYOK) basis:

• You must supply Your AI Account. To use AI features you must hold and connect your own account with an AI Provider. The Service works with the AI Providers described on our website and Documentation; additional or successor AI Providers may be supported from time to time. The same BYOK conditions apply to whichever AI Provider you use.
• Data flow and our access. When you submit Input, the Software transmits the relevant files, database records, page HTML and prompt to the AI Provider for processing under Your AI Account; this transmission is initiated from your WordPress site and may pass through, or be logged by, our systems. You acknowledge and agree that we may receive, access, view, log, store and process your prompts, the resulting Output and the related communications between you and the AI (for example, your conversation history) in order to provide, operate, support, secure, troubleshoot and prevent abuse of the Service, and as otherwise described in Sections 13 and 22 and our Privacy Policy. We do not use your prompts, Outputs or conversation history to train AI models or for product-improvement analytics, except on an anonymised or aggregated basis that does not identify you or any individual, or with your consent. We retain, protect and delete these communications as described in Section 22 and our Privacy Policy. You should not submit any Input you are not permitted to disclose to us or to the AI Provider, and you must not submit personal data without a valid lawful basis and any required consents and notices.
• You contract directly with the AI Provider. Your use of an AI Provider is governed by that provider’s own terms, usage policies and privacy terms, which you are responsible for reviewing and complying with, including (without limitation):
  • OpenAI — Terms & policies, Terms of Use / EU Terms of Use, Service Terms, and Usage Policies;
  • Anthropic — Consumer Terms / Commercial Terms, Usage Policy, and the Anthropic Privacy Center.
• You bear all AI costs. All usage, fees, rate limits and billing for AI processing are between you and the AI Provider under Your AI Account. The Service fees you pay to us do not include AI Provider charges.
• We are not responsible for the AI Provider. We do not control and are not responsible or liable for the availability, performance, accuracy, pricing, policies, data handling, suspension or discontinuation of any AI Provider, nor for any Output. If an AI Provider experiences an outage or changes, restricts, suspends, deprecates or discontinues its models or API, some or all AI features of the Service may be degraded or unavailable; in that case we are not obliged to provide any alternative model, provider or functionality, any such event is outside our reasonable control, and it does not constitute a breach of the Agreement by us or give rise to liability.
• Compliance. You must not use the Service or any AI Provider through it in any way that violates the AI Provider’s usage policies. A breach of an AI Provider’s terms is also a breach of these Terms.

Subject to your compliance with these Terms and payment of applicable fees, Agenza, as authorised by its licensor, grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the Software during your Subscription, solely for your internal business or personal use and within the user limits, Site limits and feature set of your Plan.

Except as expressly permitted by your Plan or applicable mandatory law, you must not, and must not permit any third party to: (a) resell, rent, lease, sublicense, distribute or make the Service available to any third party as a service bureau or on a “software-as-a-service” basis; (b) copy, modify, translate or create derivative works of the Software except as permitted for open-source components (Section 14); (c) reverse engineer, decompile or disassemble the Software, except to the extent this restriction is prohibited by applicable law; (d) remove, obscure or alter any proprietary notices; (e) circumvent or disable any licensing, usage-metering, security or technical limitation; or (f) use the Service to build a competing product.

White-labelling and resale. Removing or replacing the WP Godmode name and logo, providing the Service to your own clients, or otherwise reselling or repackaging the Service is permitted only under an Enterprise licence and the additional terms agreed with us. Limited admin-colour customisation available on standard Plans does not constitute white-labelling or a resale right.

Fair Usage is designed to ensure a stable and fair experience for all customers. Excessive account sharing, repeated license transfers between unrelated websites, large-scale team usage on single-user plans, or reselling WP Godmode features to third parties without an appropriate plan may require an upgrade or custom agreement.

All Plans are subject to this Fair Usage Policy. The principal quantitative limits of each Plan are the number of Users (seats) and the number of Sites stated for that tier on the pricing page; your AI request volume is separately governed by the rate limits of Your AI Account with the AI Provider under the BYOK model (Section 7). “Unlimited” or uncapped-sounding descriptions, where used, refer to ordinary professional use and do not permit automated, abusive, or disproportionate consumption that degrades the Service for others or is inconsistent with the Plan you purchased. By way of example, use that may be treated as outside fair use includes: sharing one seat among many individuals, operating the Software on more Sites than your Plan permits, scripted or high-volume automated calls that materially exceed normal interactive use, or reselling Service features without an appropriate Plan.

We may set, publish and reasonably adjust technical limits (for example on request volume, automation or concurrency). Where your use materially exceeds fair use, we will, except where immediate action is required for security, legal or Service-stability reasons, first contact you and give you a reasonable period (normally at least seven (7) days) to bring your use back within fair use or to upgrade, before we throttle, suspend or restrict the Service. We will act proportionately.

You are responsible for your use of the Service and for all Customer Content. In particular, you agree that you will:

• Back up before changes. Maintaining current, tested backups of each Site (files and database) before allowing the Software to make changes is a condition of your licence and your responsibility; you acknowledge that undo and recovery features may not restore every change and are not a substitute for backups.
• Choose appropriate permission modes. Use ask-before-every-action or read-only mode for client and production Sites, and review AI-proposed changes before they are applied where the work is material.
• Review and test Output. Independently review, test and validate all Output — including code, content and configuration — before relying on it or deploying it to a live Site.
• Secure your Sites. Keep WordPress core, themes and plugins updated, use strong credentials and 2FA, and limit admin access. The Service is only as secure as the Site it runs on.
• Have the necessary rights. Ensure you own or are authorised to operate every Site you connect and to submit all Input (including any third-party content, code, brand assets, Figma files and credentials) to the Service and the AI Provider.
• Comply with law and third-party terms. Use the Service in compliance with all applicable laws and with the terms of WordPress, your hosting provider, your page builders, the AI Providers and any other third-party services involved.
• Manage your own clients. If you use the Service for clients, you are responsible to your clients for the work produced and for obtaining any consents required to process their sites and data.
• Do not submit sensitive data without a lawful basis. Not include personal data or special categories of data (within the meaning of the GDPR and the Swiss FADP) in prompts or other Input sent to an AI Provider unless you have a valid lawful basis and all required consents and notices, and unless doing so is permitted by the relevant AI Provider’s policies.
• Ensure your own legal and regulatory compliance. Be solely responsible for ensuring that your use of the Service and any Output complies with all laws, regulations and industry standards applicable to you and your Sites — including, without limitation, the GDPR, the Swiss FADP, the UK GDPR, the California Consumer Privacy Act / California Privacy Rights Act (CCPA/CPRA) and other data-protection laws, and laws on advertising and marketing, accessibility, consumer protection, competition/antitrust, taxation, and any sector-specific or licensing requirements. You acknowledge that the Service does not provide legal, regulatory or compliance advice, and that Agenza is not responsible or liable for your compliance, or for any non-compliance, with such laws and standards.

You must not use the Service to, and must not permit anyone to:

• violate any law, regulation, or third party’s rights, or any AI Provider usage policy;
• access, modify or interfere with any website, system or data you are not authorised to access;
• create, distribute or facilitate malware, spam, phishing, fraudulent, deceptive or infringing content;
• infringe intellectual-property, privacy, publicity or other rights, including using the Service to clone or copy third-party designs or content you have no right to use;
• generate content that is unlawful, defamatory, harassing, hateful, sexually exploitative (including any content involving minors), or that promotes violence or illegal activity;
• attempt to gain unauthorised access to, disrupt, overload, or probe the Service, our infrastructure or other users (including denial-of-service, scraping beyond permitted use, or vulnerability testing without our prior written consent);
• bypass usage limits, licensing controls or seat/Site restrictions, or share access beyond your Plan;
• process special-category or highly sensitive personal data through the Service except where you have a lawful basis and appropriate safeguards, and never in violation of an AI Provider’s policies;
• use the Service to develop a competing product or to benchmark for a competitor;
• use the Service in high-risk or regulated activities. Use, or rely on the Service or any Output, in the operation of, or in connection with, high-risk or regulated activities where an error, failure or inaccuracy could lead to death, personal injury, environmental or property damage, breach of law, or serious financial loss — including, without limitation, medical or healthcare devices, diagnosis or treatment; aviation, aerospace, maritime or other transport or navigation; nuclear facilities; weapons or defence systems; emergency, life-support or life-sustaining systems; banking, payments, securities trading or other regulated financial services; insurance underwriting; and the operation or control of critical infrastructure or other safety-critical or industry-certified systems. The Service is general-purpose software, is not certified for any such use, and you must not deploy it where applicable law requires certification, accreditation or equivalent assurance that the Service does not hold.
• use the Service or Output in a way that would make Agenza a provider or deployer of a prohibited or high-risk AI system under the EU AI Act. Use the Service or Output in any manner that would cause Agenza to be treated as a provider or deployer of a prohibited or high-risk AI system under the EU AI Act (Regulation (EU) 2024/1689); you are responsible for your own compliance with the AI Act for your use of the Service.

We may investigate suspected violations and cooperate with law-enforcement authorities. Violation of this Section is a material breach and may result in immediate suspension or termination without refund.

AI Output can be wrong. Output is generated by probabilistic AI models and may be inaccurate, incomplete, outdated, insecure, non-functional, or unsuitable for your purpose. The Service may produce different results for the same Input, and similar or identical Output may be generated for other users. You are solely responsible for evaluating Output for accuracy, security, legality and fitness before use.

Ownership and rights in Output. As between you and Agenza, and subject to the rights of the AI Provider and any third party, you own the Output generated from your Input, to the extent such Output is capable of ownership. Rights in Output as against the AI Provider are governed by the AI Provider’s terms. You are responsible for ensuring that your use of Output does not infringe any third-party rights and that any third-party or open-source material included in Output is used in accordance with its licence. We make no representation that Output is original, non-infringing, or free of third-party rights.

No professional advice. The Service and its Output do not constitute legal, financial, tax, security, medical, or other professional advice. AI-generated code, configurations and content are not certified, audited or guaranteed. Where a task is material or high-risk, you should obtain independent professional review.

You retain all rights in your Customer Content. You grant Agenza a limited, worldwide, non-exclusive, royalty-free licence to access, host, store, process, transmit and display Customer Content — including your prompts, the AI’s Output and your conversation history with the AI — to the extent necessary to operate, maintain, secure, support and troubleshoot the Service, to route Input to the AI Provider you have connected, to monitor for and prevent abuse, fraud or security incidents, and to comply with law. We do not claim ownership of your Customer Content. We do not sell Customer Content. We do not use your Customer Content (including prompts, Outputs and conversation history) to train AI models or to improve the Service by analysing your content, except on an anonymised or aggregated basis that does not identify you or any individual, or where you have given your consent; if we introduce any such use, we will update these Terms and our Privacy Policy and, where required by law, obtain your consent or offer you an opt-out.

You represent and warrant that you have all rights, consents and lawful bases necessary for the Customer Content and for its processing through the Service and the AI Provider. You are responsible for the accuracy, quality, legality and appropriateness of your Customer Content.

You acknowledge and agree that, in providing the Service, we may access and process the communications between you and the AI (including prompts, Outputs and conversation history) as described in Sections 7 and 22 and our Privacy Policy. You are solely responsible for ensuring you have any lawful basis, notices and consents required (including from your own clients, employees and end users) for that access and processing, and for not submitting any Input that you are not authorised to disclose to us or to the AI Provider. To the fullest extent permitted by applicable law, Agenza is not responsible or liable for your failure to obtain such rights, consents or lawful bases.

The Service, the Software, and all related intellectual property — including its design, code (other than open-source and Customer Content), trademarks, logos, the ‘WP Godmode’ and ‘Godmode’ names, Documentation and skills — are owned by Agenza and/or its licensors. Agenza is the exclusive licensee and distributor of the Software and is authorised to grant you the licence in Section 8. As between you and Agenza you acquire no ownership; except for that limited licence, no rights are granted by implication, estoppel or otherwise.

Open-source components. The Service operates within WordPress and includes or interoperates with open-source software, including software licensed under the GNU General Public License (GPL). Such components are licensed to you under their respective open-source licences, which prevail over these Terms to the extent of any conflict in respect of those components. Nothing in these Terms restricts your rights under an applicable open-source licence.

Feedback. If you give us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free licence to use it without restriction or obligation to you.

The Service interoperates with third-party products and services that you choose to connect or use, including the AI Providers (OpenAI, Anthropic), WordPress, your hosting provider, page builders (e.g. Breakdance, Elementor), SEO and other plugins, Figma (via your Figma API key), and our payment processor. Your use of any third-party service is governed by that third party’s own terms and privacy practices. We are not responsible or liable for third-party services, their availability, their changes, or their handling of your data, and we do not endorse them. You are responsible for any keys, credentials or accounts you connect and for complying with the relevant third-party terms.

• Fees and Plans. Fees are stated on the pricing page or in your Order and are charged in the currency shown at checkout. Plan inclusions (users, Sites, features) are as described for your tier.
• Monthly billing. Subscriptions are billed monthly in advance. Annual billing is not offered at launch; if introduced, it will be subject to the terms presented at purchase.
• Payment processor. Payments are processed by our third-party payment provider (Stripe). By purchasing, you authorise us and our payment provider to charge your payment method for all fees due. You must provide a valid payment method and keep it current.
• Automatic renewal. Subscriptions renew automatically at the end of each billing period at the then-current price for that Plan, unless cancelled before the renewal date. By subscribing you expressly consent to recurring automatic charges until you cancel. Before each automatic renewal we will send you a reminder by email, and we will provide any pre-renewal notice required by applicable law.
• Cancellation. You may cancel at any time directly in your account in a few steps, effective at the end of the current paid billing period. You keep access until the end of the period you have already paid for. Cancellation does not, by itself, entitle you to a refund of fees already paid, except as set out in Section 17 or as required by mandatory law.
• Taxes. For Business Users, fees are exclusive of VAT and other applicable taxes unless stated otherwise, and where we are required to collect VAT or a similar tax it will be added at the applicable rate. For Consumers, prices are presented inclusive of applicable VAT/taxes where required by law. In all cases you are responsible for taxes associated with your purchase, except taxes based on our net income, and the final price payable (including any applicable taxes and any currency conversion applied by our payment processor at checkout) is displayed before you complete the purchase.
• Price changes. We may change Plan prices and inclusions. For existing Subscriptions, price changes take effect at your next renewal, and we will give you reasonable advance notice. If you do not accept a change, you may cancel before it takes effect.
• Failed payments. If a charge fails, we may retry and may suspend or downgrade the Service until payment is received.
• No AI charges included. For clarity, fees do not include AI Provider usage (Section 7), which you pay separately under Your AI Account.
• Chargebacks. If you initiate a chargeback or payment dispute for charges that are validly due under these Terms, we may suspend your account pending resolution. We reserve the right to contest improper chargebacks. Please contact us first — most issues can be resolved quickly.

• Free/introductory periods. We may offer free or discounted introductory periods. The conditions, duration and end date of any such offer are stated at the time and may require a payment method. Unless stated otherwise, when a free period ends, a paid Subscription begins at the applicable price and renews per Section 16 unless you cancel beforehand. We may modify or withdraw promotions prospectively.
• 30-day trial. New subscriptions include a 30-day trial period. Billing starts after the trial period unless the Subscription is cancelled before the trial ends. Trial availability, plan terms and renewal pricing are shown during checkout and may be changed or withdrawn prospectively.
• 7-day money-back guarantee. For your first purchase of a Plan, if you are not satisfied you may request a full refund of that first payment within 7 days of the purchase date by contacting support@wpgodmode.com. The guarantee applies to your first paid period only and not to renewals, and we may decline it in cases of evident abuse (for example, repeated sign-ups to obtain repeated refunds).
• Consumer right of withdrawal. If you are a Consumer in the EU/EEA, Switzerland, the UK or another jurisdiction granting a statutory cancellation/withdrawal right, you may have a right to withdraw from the purchase within the statutory period. Because the Service is digital content/services supplied immediately, you expressly request that we begin performance during the withdrawal period and acknowledge that, to the extent permitted by law, you lose the statutory right of withdrawal once performance has begun / the digital service has been fully provided. When you create an account, you confirm (by ticking the checkbox described in Section 3) that you want to start using the Service immediately and that you understand you thereby lose your right of withdrawal once the digital service has been fully provided. Where the Service is treated as a service rather than digital content, and you have requested that performance begin during the withdrawal period, you may still withdraw within the statutory period but will owe a proportionate amount for the Service actually provided up to your withdrawal; the right to withdraw is lost once the Service has been fully performed. Immediately after purchase we will send you, on a durable medium (by email), confirmation of the contract together with confirmation of your prior express consent to immediate performance and of your acknowledgement that you thereby lose the right of withdrawal. This express consent and acknowledgement are obtained via the separate checkbox at sign-up described in Section 3. Our 7-day money-back guarantee is offered in addition to, and does not limit, any mandatory statutory rights you have as a Consumer.
• Other refunds. Except as stated above or required by mandatory law, fees are non-refundable and partial periods are not refunded on cancellation.

Availability. We aim to keep the Service available but do not guarantee uninterrupted or error-free operation. The Service is provided without a service-level agreement unless one is expressly agreed in an Enterprise Agreement. Availability may also depend on your Site, your hosting, your network, WordPress and the AI Providers, which are outside our control.

Maintenance & changes. We may perform scheduled or emergency maintenance and may modify, add or remove features. We will use reasonable efforts to limit disruption and, for material adverse changes, to give notice.

Beta Features. Beta Features are provided “as is” for evaluation, may be changed or withdrawn at any time, may be unstable, and are excluded from any availability commitment, warranty and indemnity to the fullest extent permitted by law. Use of Beta Features is at your own risk.

Please read this Section carefully — it limits our liability to you.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable mandatory law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for intentional or grossly negligent conduct, or any mandatory statutory liability owed to Consumers. The exclusions and limitations in this Section apply to the fullest extent permitted by law and do not affect the mandatory rights of Consumers.

To the fullest extent permitted by law, Agenza, its affiliates, and its and their directors, employees, licensors, contractors, agents and suppliers will not be liable for:

• any indirect, incidental, special, consequential, exemplary or punitive damages;
• loss of profits, revenue, business, goodwill, or anticipated savings;
• loss, corruption or inability to recover data, content or code, or loss arising from changes made by the Software to a Site;
• downtime, business interruption, or the cost of substitute services;
• any act, omission, output, pricing, suspension, data handling or discontinuation of any AI Provider or other third-party service; or
• any reliance on, or consequences of using, AI Output,

whether based in contract, tort (including negligence), statute or otherwise, and whether or not we were advised of the possibility of such damages.

Liability cap. To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the Agreement or the Service will not exceed the total fees you actually paid to us for the Service in the twelve (12) months immediately preceding the event giving rise to the liability. Where you have paid no fees (for example, during a free period or for Beta Features), our aggregate liability will not exceed CHF 100. The cap and the CHF 100 floor in this Section apply to Business Users. For Consumers, our liability is limited only to the extent permitted by mandatory consumer-protection law, and nothing in this Section reduces any liability that cannot be excluded or limited against a Consumer.

Notification of claims. To the fullest extent permitted by law, you must notify us in writing of any claim arising out of or relating to the Agreement within one (1) year after you became, or reasonably should have become, aware of the facts giving rise to it. This is a contractual notice requirement only: it does not shorten, replace or otherwise modify any statutory limitation or prescription period (which continue to apply unchanged), and failure to give such notice does not bar a claim where this requirement is not permitted under applicable law. If you are a Consumer, this requirement applies only to the extent permitted by mandatory law, and your statutory limitation periods and other mandatory rights are fully preserved.

Because the Service is experimental and operates on live websites under permission modes you control, you accept that you bear primary responsibility for backups, review and risk management as described in Sections 6 and 10, and that the allocation of risk in these Terms is a fundamental basis of the bargain and is reflected in our pricing.

To the fullest extent permitted by law, the Service, the Software, the Documentation and all Output are provided “as is” and “as available” without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy, security, or non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free, secure, or that defects will be corrected, or that Output will be accurate, reliable, original or fit for any purpose. This Section does not affect mandatory warranties or guarantees that cannot be excluded under applicable law, including statutory rights of Consumers.

To the fullest extent permitted by law, you will defend, indemnify and hold harmless Agenza and its affiliates and their personnel from and against any third-party claims, demands, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or related to: (a) your Customer Content, Input or Sites; (b) your use of the Service, Output, or any AI Provider in breach of these Terms or applicable law or an AI Provider’s policies; (c) your infringement or misappropriation of any third-party intellectual-property, privacy or other right; (d) work you deliver to your own clients using the Service; or (e) your breach of these Terms. If you are a Consumer, this Section applies only to the extent permitted by applicable consumer law and only to losses caused by your culpable breach.

We process personal data in accordance with our Privacy Policy and with the EU General Data Protection Regulation (GDPR), the Swiss Federal Act on Data Protection (FADP), the UK GDPR and other applicable data-protection laws.

• Roles. For account, billing and Service-administration data, Agenza acts as a controller. For Customer Content that you process through the Service in the course of operating your or your clients’ Sites, you are the controller (or processor for your clients) and, to the extent we process such data on your behalf, we act as your processor.
• Data Processing Agreement. Where we act as your processor (including in respect of the prompts, Outputs and conversation history described below), our processing is governed by a Data Processing Agreement (DPA) meeting the requirements of Article 28 GDPR. Our standard DPA forms part of the Agreement and applies to such processing; a copy is available from hallo@agenza.ch and is incorporated into the Agreement by reference. Business Users may request a signed copy.
• Communications and usage data — what we process and on what basis. In operating the Service we may access, view, log, store and process your prompts, Outputs, conversation history and related usage data, including where these contain personal data. We do not use this data to train AI models or for product-improvement analytics, except on an anonymised or aggregated basis that does not identify you or any individual, or with your consent. The basis on which we process depends on the purpose:
  • As controller — for our own operational logging and records, security and abuse/fraud prevention, troubleshooting and diagnostics, and legal compliance, we act as a controller. Our legal bases are the performance of the Agreement (GDPR Art. 6(1)(b)), our legitimate interests in operating, securing and protecting the Service and our users (GDPR Art. 6(1)(f)), and compliance with legal obligations (GDPR Art. 6(1)(c)); the corresponding FADP grounds apply in Switzerland.
  • As processor — where we process Customer Content on your behalf and on your instructions to deliver the task you requested, we act as your processor under the DPA (Section above).
  Further detail is set out in our Privacy Policy. You are responsible for providing any notices and obtaining any consents that your own clients, employees or end users require for this processing, and for not submitting personal data without a valid lawful basis.
• Retention, deletion & access. We retain prompts, Outputs, conversation history, logs and related usage data only for as long as necessary for the purposes described above or as required by law, and then delete or anonymise them; the applicable retention periods are set out in our Privacy Policy. You may request deletion of, or access to, such data by contacting hallo@agenza.ch, and we will action verified requests subject to any legal retention obligations and the rights of others. Access to this data within Agenza is restricted to authorised personnel and vetted sub-processors who need it for the purposes above, under confidentiality and appropriate technical and organisational security measures.
• Processing by the AI Provider. You acknowledge and instruct that, under the BYOK model, Input is transmitted to the AI Provider for processing under Your AI Account and is processed under the AI Provider’s terms and privacy policy. The AI Provider’s processing is carried out by it as an independent controller, or as your processor under your own arrangement with it, and is not within our control. This is separate from, and additional to, our own access to and logging of the same communications described above and in Section 13. You are responsible for ensuring you have a lawful basis and any required consents/notices for such processing and for not submitting personal data in violation of the AI Provider’s policies.
• Sub-processors & transfers. We use vetted sub-processors (for example, hosting and payment providers) and, where personal data is transferred internationally, rely on appropriate safeguards such as Standard Contractual Clauses and the Swiss/EU adequacy framework as applicable. Our developer/second-level support may act as a sub-processor under a data-processing agreement. Transfers to AI Providers and other recipients rely on Standard Contractual Clauses or adequacy as set out in the Privacy Policy. Details are in the Privacy Policy/DPA.
• Hosting. The Service’s account and connection infrastructure is hosted in Switzerland (with Hostfactory), as described in the Privacy Policy. The European Commission’s adequacy decision for Switzerland supports transfers of personal data from the EU/EEA to Switzerland.
• California residents (CCPA/CPRA). If you are a California resident, you have rights under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (CCPA/CPRA), including the right to know and access the personal information we hold about you, the right to delete it, the right to correct inaccurate information, the right to opt out of any sale or sharing of personal information, and the right not to be discriminated against for exercising these rights. We do not sell your personal information, and we do not share it for cross-context behavioural advertising. You can exercise these rights by contacting hallo@agenza.ch; these rights and how to exercise them are described further in our Privacy Policy.
• Data-subject rights & security. We implement appropriate technical and organisational measures and will assist you, to the extent required, with data-subject requests and incident notifications. Contact hallo@agenza.ch for privacy matters.

Each party may receive non-public information of the other that is marked or reasonably understood to be confidential. The receiving party will use it only to perform under, and exercise its rights under, the Agreement (including, in respect of Customer Content, the purposes expressly permitted in Section 13), protect it with reasonable care, and not disclose it except to personnel and advisers who need it and are bound by confidentiality. This does not apply to information that is public through no fault of the receiving party, independently developed, or rightfully obtained from a third party, or where disclosure is legally required. Customer Content is treated as your Confidential Information.

By you. You may stop using the Service and cancel your Subscription at any time as described in Section 16.

By us — suspension. We may suspend or restrict your access (in whole or part) without liability if: you breach these Terms or an AUP/AI Provider policy; payment is overdue; we reasonably suspect security risk, fraud, or unlawful or harmful use; or we are required to do so by law. Where practicable and lawful, we will give notice and an opportunity to cure.

By us — termination. We may terminate the Agreement for material breach not cured within a reasonable period (or immediately for breaches incapable of cure, serious AUP violations, or legal/security necessity), or on reasonable notice if we discontinue the Service. We may also terminate free or Beta access at any time.

Effect of termination. On termination or expiry, your licence ends and you must stop using and, if asked, delete or deactivate the Software. Accrued fees remain payable. Sections that by their nature should survive (including Definitions, IP, disclaimers, limitation of liability, indemnity, confidentiality, governing law and dispute resolution) survive termination. Customer Content stored by us is handled per the Privacy Policy/DPA; you are responsible for exporting or retaining your own Site data and backups before termination.

You must comply with all applicable export-control, trade-sanctions and anti-money-laundering laws, including those of Switzerland, the EU, the UK and the United States. You represent that you are not located in, organised under the laws of, or ordinarily resident in a country or territory subject to comprehensive sanctions, and that you are not a person with whom dealings are prohibited under applicable sanctions lists. You must not use or export the Service in violation of such laws, and you must not use the Service or AI Providers for any prohibited end-use.

These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes) are governed by the substantive laws of Switzerland, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Business Users. The exclusive place of jurisdiction for all disputes is the competent courts at the registered seat of Agenza GmbH in the Canton of Lucerne, Switzerland. We may also bring proceedings at your seat or domicile where required.

Individual claims only; waiver of class actions. To the fullest extent permitted by applicable law, you and Agenza agree that each party may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, representative or private-attorney-general proceeding. Disputes will be resolved on an individual basis, and no court or tribunal may consolidate more than one person’s claims or preside over any form of representative or class proceeding. This waiver applies to the maximum extent permitted by law and does not apply where prohibited by mandatory law; nothing in this paragraph limits any non-waivable right a Consumer has under applicable mandatory law.

Consumers. If you are a Consumer, the choice of Swiss law above does not deprive you of the protection of mandatory provisions of the law of your country of habitual residence, and you may bring proceedings in, and benefit from the mandatory consumer-protection rules and competent courts of, your place of residence where applicable law so provides. EU/EEA Consumers may also be entitled to use a competent alternative-dispute-resolution body in their country of residence; we are not obliged to, and unless stated otherwise do not, participate in proceedings before a consumer arbitration board.

We may update these Terms from time to time, for example to reflect changes in the Service, in our AI Providers, or in law. For material changes, we will give reasonable notice (for example by email or in-product notice) before they take effect. Changes take effect on the stated effective date; for active Subscriptions, material changes that are adverse to you take effect at your next renewal or after reasonable notice. Your continued use of the Service after changes take effect constitutes acceptance. If you do not accept the updated Terms, you must stop using the Service and may cancel; mandatory Consumer rights are unaffected. The current version is always available on this page.

• Entire agreement. The Agreement is the entire agreement between you and us regarding the Service and supersedes prior discussions, except for any signed Enterprise Agreement, which controls for that Customer.
• Non-reliance. You confirm that, in entering into the Agreement, you have not relied on any statement, representation, assurance or warranty that is not expressly set out in the Agreement. Nothing in this clause limits liability for fraud or fraudulent misrepresentation, or any mandatory rights of Consumers.
• Severability. If any provision is held invalid or unenforceable, the remainder stays in effect and the invalid provision is replaced by a valid one closest to the original intent.
• No waiver. A failure to enforce a right is not a waiver of it.
• Assignment. You may not assign or transfer the Agreement without our prior written consent. We may assign it to an affiliate or in connection with a merger, acquisition or sale of assets, on notice to you.
• Subcontractors. We may use affiliates and subcontractors to provide the Service; we remain responsible for their performance under the Agreement.
• No partnership / third-party beneficiaries. Nothing creates a partnership, agency or employment relationship, and the Agreement does not confer rights on third parties.
• Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control, including failures of AI Providers, hosting, networks, utilities, or acts of government.
• Notices. Legal notices to us must be sent to support@wpgodmode.com; we may give notice to you via email or in-product.
• Language. These Terms are provided in English. Any translation is for convenience only; in case of conflict, the English version prevails to the extent permitted by applicable law (Consumers retain any right to rely on a translation required by mandatory law).

WP Godmode is a product of:

Agenza GmbH
Am Mattenhof 4a, 6010 Kriens
Switzerland
Company no.: CHE-265.303.079 MWST
Support: support@wpgodmode.com
General: hallo@agenza.ch
Privacy: hallo@agenza.ch

See also our Privacy / Data Privacy Policy and Imprint. The current version of these Terms is published at wpgodmode.com/terms/. By using WP Godmode you acknowledge that you have read and agree to these Terms.