G-WAN Terms of Service

These Terms of Service ("Terms") govern your use of all G-WAN applications, software interfaces, libraries, and services, including our mobile applications, desktop and server applications, web interface, and the G-WAN.com Web service (collectively, the "Services") operated by G-WAN LLC / TWD Industries AG ("G-WAN", "we", "us" or "our"). Please read these Terms carefully before using any of our Services.

By downloading, installing, accessing, or using any of our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access or use any of our Services.

1. Definitions

"Services" refers collectively to all G-WAN offerings, including mobile applications, desktop applications, web interface, and the G-WAN.com Web service.
"Mobile App" refers to any G-WAN mobile applications available through app stores, including the iOS App Store and Google Play Store.
"Desktop App" refers to the G-WAN desktop application for Windows, macOS, and Linux operating systems.
"Web Interface" refers to the G-WAN.com website and associated web-based tools and dashboards.
"Service" refers to the G-WAN network service accessible through any of our applications or interfaces.
"User" refers to individuals who access or use any of our Services.
"Account" refers to a registered user profile that allows access to our Services.
"Connection Data" refers to information about a user's connection, including real IP addresses and Service identities.
"Subscription" refers to paid access to premium features across our Services.

2. Account terms and age restrictions

To use our Services, you must create an account. You agree to:

Provide accurate and complete information when creating your account
Update your information to keep it current
Safeguard your account credentials
Be solely responsible for all activities under your account
Notify us immediately of any unauthorized access to your account

Important age restrictions:

Our Services are offered only to subscribers who are of the minimum legal age to enter commercial transactions under applicable law in their jurisdiction of residence.
In any case, subscribers must be older than 13 years of age.

We reserve the right to terminate accounts at our discretion without refund for violations of these Terms.

3. Prohibited activities

You agree not to use any of our Services to:

Violate any applicable laws or regulations
Infringe on intellectual property rights
Distribute malware or engage in hacking activities
Harass, abuse, or harm others
Interfere with our Services, servers, or other users' access
Send automated or bulk messages (spam)
Access the Services through unauthorized means
Bypass geo-restrictions in violation of local laws
Engage in activities that may violate your internet service provider's or wireless carrier's terms of service
Reverse engineer, decompile, or disassemble any of our software
Attempt to gain unauthorized access to our systems or other users' accounts

We reserve the right to terminate service to users who engage in illegal activities or violate these Terms.

4. Service description and data collection

Before you purchase or use our Service, we make the following clear declaration about data collection and use:

Data We Collect:

Account registration information (email address, encrypted password)
Payment information processed by payment processors (Apple, Google, PayPal, Stripe...)
Support communications when you contact us

Data Sharing:

We do NOT sell, use, or disclose any user data to third parties for any purpose
Limited data may be shared only when required by law and technically feasible
Payment processing is handled by third-party processors who have their own privacy policies

6. subscriptions and payments

Our Services offer various subscription options across different platforms. By selecting a paid plan, you agree to:

Pay all fees associated with your selected plan
Provide accurate billing information
Be charged automatically for renewals unless you cancel
Comply with the payment platform's terms of service

Either you or we may end the Service at any time, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, the Service will terminate immediately upon any breach of the Service terms by you.

In such cases, overpayments are any amounts paid in excess of the required subscription fee and will be deemed forfeited. Overpayments are non-refundable and become the property of G-WAN LLC / TWD Industries AG.

Direct Subscriptions:

Payments processed through our payment partners (Stripe, etc.)
Billing cycles and renewal terms as selected during purchase
You can manage subscriptions through your account dashboard

Free versions, subscriptions and refunds

- Free versions offer limited features.
- Subscriptions are paid annually.

Annual subscriptions give you access to premium features for a specified period. To interrupt the Service, you must cancel before the subscription ends to avoid further charges - then, at the end of the month, any unused portion of the current monthly-subscription will be forfeited.

G-WAN reserves the right to terminate any subscriptions and Service immediately and without notice should you commit fraud or attempt to abuse the Service in any way. If such fraud or abuse is detected, G-WAN shall not be liable to you for any past payments, and due payments will remain due, on the top of any fees and sanctions related to the Service fraud or abuse.

Pre-paid subscription fees are generally non-refundable except as required by applicable law. For refund requests:

App Store purchases: Contact Apple through the App Store
Google Play purchases: Contact Google through Google Play
Direct purchases: Contact us at support@gwan.com

We reserve the right to change our pricing with notice to subscribers.

7. Software licenses and usage

G-WAN LLC / TWD Industries AG grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use our software applications solely for your personal, non-commercial purposes, strictly in accordance with these Terms.

Usage restrictions

You may not:

Transfer, redistribute, or sublicense our software
Copy, reverse-engineer, disassemble, or attempt to derive the source code
Modify or create derivative works of our software
Use our software for commercial purposes without authorization
Remove or modify any proprietary notices or labels
Use our software to violate any laws or third-party rights

Third-party dependencies

Our Service may include third-party components subject to separate license terms. You must comply with all applicable third-party terms when using our Services, including your internet service provider's terms of service.

8. Limitation of liability

To the maximum extent permitted by law, G-WAN LLC / TWD Industries AG and its officers, directors, employees, and agents shall not be liable for:

Any indirect, incidental, special, consequential, or punitive damages
Loss of profits, data, use, goodwill, or other intangible losses
Damages resulting from service interruptions or issues
Any damages exceeding the amount paid by you for the service during the current year's preceding months
Damages caused by third-party software, platforms, or services
Damages resulting from your violation of these Terms

If a jurisdiction does not allow the exclusion of certain warranties or the limitation of liability for certain damages, then these limitations may not apply to you, if you are subject to such a jurisdiction.

9. Disclaimers

Our Services are provided on an "as is" and "as available" basis. G-WAN LLC / TWD Industries AG expressly disclaims all warranties of any kind, whether express or implied, including but not limited to:

Implied warranties of merchantability and fitness for a particular purpose
Warranties regarding security, reliability, availability, or performance
Warranties that the Services will meet your specific requirements
Warranties that the Services will be error-free or uninterrupted
Warranties regarding compatibility with your devices or other software

While we implement advanced technology to protect your data and privacy, no system is completely immune to sophisticated attacks. We make no guarantees about absolute security against all possible vulnerabilities.

10. Governing law

These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

11. Changes to terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by:

Posting a notice on our website
Sending an email to registered users
Providing notification within our applications

Your continued use of the Services after any modifications to the Terms constitutes your acceptance of the revised Terms.

12. Indemnification

You agree to defend, indemnify, and hold harmless G-WAN LLC / TWD Industries AG, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from:

Your use of and access to the Services
Your violation of any term of these Terms
Your violation of any third-party right, including without limitation any copyright, property, or privacy right
Any claim that your actions caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of the Services.

13. platform-specific terms

iOS app store terms

For users of our iOS application, you acknowledge that:

The App is licensed to you, not sold
Your license to use the App is subject to your prior acceptance of these Terms
G-WAN LLC / TWD Industries AG (not Apple) is solely responsible for the App and its content
These Terms constitute the agreement between you and G-WAN LLC / TWD Industries AG regarding the App
You must comply with Apple's Usage Rules and any third-party terms
G-WAN LLC / TWD Industries AG is solely responsible for product liability claims, regulatory compliance, and app support
Apple has no warranty obligation regarding the App
In case of App failure to conform to warranty, you may notify Apple for a refund

Android app terms

For users of our Android application, you must comply with Google Play's terms of service and any applicable Android platform policies.

Desktop application terms

Our desktop applications are distributed directly by G-WAN LLC / TWD Industries AG. You are responsible for ensuring your system meets the minimum requirements and for keeping the software updated.

14. Export restrictions

You may not use or export our Services or software except as authorized by Europe law, United States law and the laws of your jurisdiction. Our Services may not be used in embargoed countries or by individuals on restricted lists maintained by the US government.

15. Contact us

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

support@gwan.com
G-WAN LLC c/o TWD Industries AG
Paradiesli 17
CH-8842 Unteriberg
Switzerland

For platform-specific issues:

App Store issues: Contact Apple through the App Store
Google Play issues: Contact Google through Google Play
Technical support: support@gwan.com