Terms of Service

Last Updated: January 26, 2025

These Terms of Service ("Terms") govern your access to and use of WPMaven's services, website, and WordPress plugin (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

1. Service Provider

2. Acceptance of Terms

By creating an account, installing the WPMaven plugin, or otherwise accessing the Service, you confirm that:

• You are at least 18 years old or have reached the age of majority in your jurisdiction
• You have the legal capacity to enter into these Terms
• If you are accepting these Terms on behalf of a company or organization, you have the authority to bind that entity
• You will comply with all applicable laws and regulations

3. Description of Service

WPMaven provides an AI-powered WordPress assistant service that includes:

• AI-generated content creation for WordPress sites
• WordPress site management assistance
• SEO optimization recommendations
• Security analysis and recommendations
• Performance optimization suggestions
• Plugin and theme management assistance
• Troubleshooting and diagnostic tools

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice.

4. Account Registration and Security

4.1 Account Creation

To use the Service, you must create an account providing accurate, current, and complete information. You agree to:

• Maintain the accuracy of your account information
• Safeguard your password and account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your account and password. We are not liable for any loss or damage arising from your failure to protect your account credentials.

5. Subscription Plans and Billing

5.1 Free Trial

We offer a 7-day free trial with limited AI credits. No credit card is required for the trial. The trial automatically expires unless you subscribe to a paid plan.

5.2 Paid Subscriptions

Paid plans are billed monthly or annually in advance. By subscribing, you authorize us to charge your payment method:

• Monthly Plans: Billed on the same day each month
• Annual Plans: Billed once per year with a 20% discount

5.3 Price Changes

We may modify subscription prices with 30 days' notice. Price changes apply to subsequent billing periods. Continued use of the Service after price changes constitutes acceptance of the new prices.

5.4 Refund Policy

We offer a 30-day money-back guarantee for new subscriptions. To request a refund:

• Contact support within 30 days of your initial purchase
• Refunds are issued to the original payment method
• Refunds are not available for renewals or usage-based credits

5.5 Cancellation

You may cancel your subscription at any time. Upon cancellation:

• Your access continues until the end of the current billing period
• No refunds are provided for partial billing periods
• Your data is retained for 90 days, then permanently deleted

6. AI Credits and Usage Limits

6.1 Credit System

AI operations consume credits based on complexity. Credit consumption varies by:

• Type of request (simple queries vs. content generation)
• Content length and complexity
• AI model used (faster models vs. higher quality models)

6.2 Fair Use Policy

We reserve the right to limit usage that we determine to be:

• Excessive or abusive compared to typical usage patterns
• Intended to resell or redistribute the Service
• Automated or scripted in a way that impacts service availability
• In violation of these Terms or applicable laws

7. Acceptable Use Policy

7.1 Prohibited Uses

You may not use the Service to:

• Generate illegal, harmful, or abusive content
• Violate intellectual property rights of others
• Distribute malware, viruses, or harmful code
• Engage in phishing, spam, or fraudulent activities
• Circumvent security measures or access controls
• Reverse engineer or attempt to extract source code
• Resell or redistribute the Service without authorization
• Generate content that violates third-party terms of service
• Impersonate others or misrepresent your affiliation
• Interfere with or disrupt the Service or servers

7.2 Content Responsibility

You are solely responsible for:

• All content generated using the Service
• Reviewing AI-generated content before publication
• Ensuring content compliance with applicable laws
• Verifying accuracy and appropriateness of generated content
• Obtaining necessary rights and permissions for your prompts

8. Intellectual Property Rights

8.1 Service Ownership

WPMaven and all associated intellectual property rights remain the exclusive property of YOTAKO S.A. This includes:

• The WPMaven software, plugin, and codebase
• Our AI models, algorithms, and training methods
• Trademarks, logos, and branding
• Documentation and training materials

8.2 User Content

You retain all rights to content you create using the Service. By using the Service, you grant us a limited license to:

• Process your prompts to generate responses
• Use anonymized, aggregated data to improve the Service
• Store your data as necessary to provide the Service

8.3 Generated Content

You own content generated by the Service in response to your prompts, subject to these conditions:

• Similar content may be generated for other users
• You are responsible for ensuring content doesn't infringe third-party rights
• We make no warranties regarding originality or uniqueness

9. Data Protection and Privacy

Your privacy is important to us. Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key points:

• We comply with GDPR and applicable data protection laws
• We process data only as necessary to provide the Service
• You have rights to access, correct, and delete your personal data
• Data is encrypted in transit and at rest
• We do not sell your personal data to third parties

10. Service Availability and Support

10.1 Service Level

We strive to maintain 99.9% uptime but do not guarantee uninterrupted access. Planned maintenance is conducted during low-traffic periods with advance notice when possible.

10.2 Support

Support is provided via:

• Email Support: All paid plans (24-48 hour response time)
• Priority Support: Enterprise plans (4 hour response time)
• Documentation: Available to all users at docs.wpmaven.io
• Community Forum: Available to all users

11. Warranties and Disclaimers

11.1 Service Warranty

We warrant that the Service will perform substantially as described in our documentation. This warranty is void if:

• You modify the Service or use it in unauthorized ways
• Issues arise from your equipment, network, or third-party software
• You fail to install available updates or patches

11.2 AI-Generated Content Disclaimer

IMPORTANT: AI-generated content may contain errors, inaccuracies, or inappropriate material. You must:

• Review all AI-generated content before use or publication
• Verify factual accuracy and appropriateness
• Ensure compliance with your local laws and regulations
• Accept full responsibility for any published content

11.3 No Warranties

EXCEPT AS EXPRESSLY PROVIDED, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Merchantability or fitness for a particular purpose
• Non-infringement of third-party rights
• Accuracy, reliability, or completeness of content
• Error-free or uninterrupted operation
• Security or freedom from viruses or harmful components

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

12.1 Exclusion of Damages

YOTAKO S.A. SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Cost of substitute goods or services
• Damage to reputation or goodwill
• Content created or published using the Service
• Decisions made based on AI-generated recommendations

12.2 Liability Cap

Our total liability for any claims arising from the Service is limited to the amount you paid us in the 12 months preceding the claim, or €100, whichever is greater.

12.3 Exceptions

Nothing in these Terms excludes or limits liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded under applicable law

13. Indemnification

You agree to indemnify, defend, and hold harmless YOTAKO S.A., its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of the Service
• Content you generate, publish, or distribute using the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of applicable laws or regulations

14. Third-Party Services

The Service may integrate with third-party services (e.g., Google Analytics, payment processors). Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party services or their content.

15. Modifications to Terms

We may modify these Terms at any time. When we make material changes:

• We will notify you via email or in-app notification
• Changes take effect 30 days after notification
• Continued use after changes constitutes acceptance
• If you disagree, you may terminate your account before changes take effect

16. Termination

16.1 Termination by You

You may terminate your account at any time from your account settings. Upon termination:

• Your access ends at the end of the current billing period
• No refunds for unused time or credits
• Data is deleted according to our retention policy

16.2 Termination by Us

We may suspend or terminate your access immediately if you:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent or illegal activities
• Fail to pay fees when due
• Pose a security or legal risk to us or other users

16.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• We may delete your data after the retention period
• Sections of these Terms that should survive (e.g., liability limitations) remain in effect

17. Dispute Resolution

17.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at legal@yotako.io to attempt to resolve the issue informally.

17.2 Governing Law

These Terms are governed by the laws of the Grand-Duchy of Luxembourg, without regard to conflict of law principles.

17.3 Jurisdiction

Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Luxembourg.

17.4 European Union Users

If you are a consumer in the European Union, you may also bring proceedings in the courts of your country of residence, and nothing in these Terms affects your rights under EU consumer protection law.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and YOTAKO S.A. regarding the Service.

18.2 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

18.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

18.4 Waiver

Our failure to enforce any right or provision doesn't constitute a waiver of that right or provision.

18.5 Force Majeure

We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control.

18.6 Language

These Terms are provided in English. Translations may be available for convenience, but the English version governs in case of conflicts.

19. Contact Information

For questions about these Terms, please contact us:

20. Acknowledgment

By using WPMaven, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.