Terms of Service

Agreement

These Terms of Service (“Terms”) are an agreement between you and Werth Consulting (“Werth Consulting,” “we,” “us”), a business name used by its sole operator. By visiting the website or using any of our apps, you agree to these Terms. If you do not agree, do not use the Services.

PLEASE READ THE “ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, WAIVES YOUR RIGHT TO A JURY TRIAL AND TO TAKE PART IN A CLASS ACTION, AND EXPLAINS HOW TO OPT OUT WITHIN 30 DAYS.

The Services

“Services” means the website at werthconsulting.com and our apps: Alektroni (in private beta), Dafdafan (early build) and Tafriton (early build), on any platform, along with any related features, updates and support.

The website is informational. Nothing on it is professional, legal, financial or technical advice, or an offer to provide anything. Product descriptions describe software that is still changing, and what ships may differ.

Who can use the Services

You must be at least 13 years old to use the Services. If you are under 18, or under the age of majority where you live, you may use the apps only with the permission of a parent or guardian who agrees to these Terms. If you use the Services on behalf of an organization, you confirm that you can bind it to these Terms.

Private beta and early builds

Alektroni is in private beta, and Dafdafan and Tafriton are early builds. Pre-release software can have bugs, can change or lose features, can be unavailable, and can lose or corrupt data. Keep your own copies of anything important. We may change, limit, pause or end access to any app or feature at any time, with or without notice, and we have no obligation to provide support, updates or a final release.

Your account and your content

You are responsible for your account, for keeping your devices and credentials secure, and for everything done through your account. Tell us promptly at info@werthconsulting.com if you think your account has been misused.

You keep ownership of your email, calendar data, files and other content (“Your Content”). You give us permission to access, store, process and transmit Your Content only as needed to run the Services for you, as described in our Privacy Policy. You are responsible for Your Content and for the messages you send using the Services, and you confirm you have the rights needed to use it with them.

Google and other third-party services

The Services work with services we do not control, including Gmail, Google Calendar and Google Drive, AI model providers you choose, app stores and our hosting provider. Your use of those services is governed by their own terms and policies. We are not responsible for them, for their availability, or for how they handle your data. If a third-party service changes or stops working with ours, some features may stop working.

Acceptable use

You agree not to:

• use the Services to break the law or infringe anyone’s rights;
• send spam, phishing, malware or harassing messages through the Services;
• access, or try to access, any part of the Services, our hosting or any connected system that you are not authorized to use;
• probe, scan or test the Services for vulnerabilities, or interfere with their operation, including by overloading them;
• scrape the website in a way that ignores robots.txt or places an unreasonable load on it;
• copy, reverse engineer, decompile or resell the apps, except where the law allows it despite this restriction;
• misrepresent your affiliation with us or impersonate us.

If you find a security problem, please report it to info@werthconsulting.com before publishing it.

Intellectual property and license

The Services, including their text, design, code, graphics and product names and logos, belong to Werth Consulting and are protected by copyright, trademark and other laws. Subject to these Terms, we give you a personal, limited, non-exclusive, non-transferable, revocable license to use the apps we make available to you, for your own use.

You may view the website and quote short extracts with attribution for commentary, reporting or other fair use. Otherwise, do not copy, republish or create derivative works from the Services, or use our names or marks to suggest an endorsement, without our written permission. The typefaces on the website are open source and remain the property of their authors under their own licenses.

Feedback

If you send us suggestions or feedback, we may use them without any obligation to you.

Fees

If any part of the Services requires payment, we will show you the price and any additional terms before you pay. Those terms will apply together with these Terms.

Suspension and termination

You can stop using the Services at any time and ask us to delete your account, as described in the Privacy Policy. We may suspend or end your access at any time, for any reason, including if we believe you have broken these Terms. Sections that by their nature should survive termination will survive, including those on intellectual property, disclaimers, limitation of liability, indemnification, arbitration, time limit for claims and governing law.

Privacy

Our Privacy Policy explains what data the Services handle and how. It is part of these Terms.

Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WERTH CONSULTING AND ITS OPERATOR DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, AVAILABLE AT ANY PARTICULAR TIME, SECURE, ERROR-FREE OR FREE OF HARMFUL COMPONENTS; THAT ANY DATA WILL BE STORED, DELIVERED OR PRESERVED WITHOUT LOSS OR CORRUPTION; THAT ANY MESSAGE WILL BE SENT, RECEIVED OR SCHEDULED CORRECTLY; THAT AI-GENERATED OUTPUT WILL BE ACCURATE; OR THAT ANY CONTENT ON THE SERVICES IS COMPLETE, CURRENT OR ACCURATE. YOU USE THE SERVICES AT YOUR OWN RISK.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WERTH CONSULTING OR ITS OPERATOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN TOLD SUCH DAMAGES ARE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF WERTH CONSULTING AND ITS OPERATOR FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO WERTH CONSULTING FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (US$100).

These limitations apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain damages. In those jurisdictions, the disclaimers and limitations in these Terms apply only to the extent the law allows, and nothing in these Terms limits liability that cannot be limited by law.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Werth Consulting and its operator from any claims, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees, arising out of or relating to your use of the Services, Your Content, the messages you send through the Services, or your breach of these Terms or of any law or third-party right.

Arbitration and class action waiver

Informal resolution first. Before starting arbitration or a small claims case, you and we each agree to send the other a written description of the dispute and try to resolve it informally for 30 days. Send yours to info@werthconsulting.com.

Binding arbitration. Except as described below, any dispute, claim or controversy arising out of or relating to the Services or these Terms will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, available at adr.org. The arbitrator decides all issues, including the scope and enforceability of this arbitration agreement, except that a court decides questions about the class action waiver below. The Federal Arbitration Act governs this section. Hearings may take place by video or phone, or in the county where you live. Payment of filing and arbitrator fees follows the AAA Consumer Arbitration Rules.

Exceptions. Either party may bring an individual claim in small claims court if it qualifies. Either party may also ask a court for an injunction to stop infringement or misuse of intellectual property.

CLASS ACTION AND JURY TRIAL WAIVER. YOU AND WERTH CONSULTING EACH AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU AND WERTH CONSULTING EACH WAIVE THE RIGHT TO A JURY TRIAL.

If the class action waiver is found unenforceable for a particular claim, that claim must be severed and heard in court, and the rest of this section still applies.

30-day opt-out. You can opt out of this arbitration agreement by emailing info@werthconsulting.com within 30 days after you first accept these Terms, with the subject line “Arbitration opt-out” and your name and the email address you use with the Services. Opting out does not affect any other part of these Terms.

Time limit for claims

To the extent permitted by applicable law, any claim arising out of or relating to the Services or these Terms must be filed within one year after the claim arose. Otherwise it is permanently barred.

Governing law and venue

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles, and by the Federal Arbitration Act for the arbitration section. Subject to the arbitration section, any dispute that is heard in court will be brought exclusively in the state or federal courts located in Florida, and you and we consent to the personal jurisdiction of those courts.

Changes to these terms

We may update these Terms. The current version is always on this page with its effective date. If a change is significant, we will say so on this page, and tell Alektroni users by email or in the app. If you keep using the Services after a change takes effect, the updated Terms apply to you. Changes to the arbitration section do not apply to disputes we already knew about before the change.

General

Severability. If any part of these Terms is found unenforceable, that part will be limited or removed only as much as needed, and the rest stays in force.

No waiver. If we do not enforce a provision, we can still enforce it later.

Assignment. You may not transfer these Terms without our written consent. We may transfer them, for example as part of a sale of the business.

Events outside our control. We are not responsible for delays or failures caused by events beyond our reasonable control, including outages at our hosting, email or third-party providers.

Entire agreement. These Terms and our Privacy Policy are the entire agreement between you and us about the Services.

Contact

Werth Consulting
info@werthconsulting.com