Version 2026-08-31 · Effective 2026-08-31
Provider: Witwave LLC ("Witwave", "we"). Service: Witself, the managed agent durable-state platform served at self.witwave.ai, together with its APIs, CLIs, and MCP adapters. Formal notices to Witwave: legal@witwave.ai. We send notices to your account email.
By creating an account or using the Service you agree to these Terms, the Acceptable Use Policy, and the Privacy Policy. If you use the Service for an organization, you represent that you may bind it. You must be at least 18 years old, or the age of majority where you live, to create an account.
These Terms are governed by the laws of the State of Colorado, USA, without regard to conflict-of-laws rules. Disputes belong exclusively to the state or federal courts located in Colorado, and both sides consent to their jurisdiction.
Witself stores and serves agent state: an open plane (memories, facts, transcripts, avatars, messaging, agent email) and a sealed plane (secrets, TOTP) that is client-encrypted — we hold ciphertext and cannot read sealed values. Feature availability varies by plan; the plan catalog in the product is authoritative. The Service's source code is separately available under the FSL-1.1-ALv2 license; these Terms govern only the managed service. Running the software yourself is governed by the source license, not these Terms.
You are responsible for your operators' actions, for credential custody (including client-held vault keys, which we cannot recover), and for keeping your contact email current. Seats are caps on live operators, not billed quantities.
Paid plans are automatically renewing monthly subscriptions billed through Stripe at the flat monthly price shown in the plan catalog at purchase, plus tax where applicable. Your plan renews and your payment method is charged each month on your billing date until you cancel.
Cancel any time: run witself plan downgrade free (or use the billing portal). Cancellation takes effect at the end of the paid period already billed; you keep paid features until then, and no further charges occur. There is no partial-month proration. We will notify you by email at least 30 days before any price increase takes effect; the increase applies from your next renewal after the notice period.
An existing subscription stays at the price you subscribed at; a price change applies to you only after the 30-day notice above. The free plan is free indefinitely and never converts to a paid plan automatically; we offer no free trials, and charges begin only when you explicitly purchase an upgrade and complete checkout.
Failed renewals are retried; if payment ultimately fails the subscription is cancelled and the account continues on the free plan — content is retained per the data-retention policy, subject to the free plan's retention windows, not deleted for non-payment itself. Refunds: see Refund & Cancellation.
You own the content you store. You grant us only the rights needed to operate the Service: storing, replicating, backing up, serving, and transmitting your content as you direct (for example, agent email you send), and abuse protection. Value-free operational records (audit events and usage counters) contain no content and survive content deletion. We do not train models on your content and we do not sell it. Retention and deletion behavior is the published data-retention policy. You may export a full checksum-verified archive of your open-plane data at any time with the self-service witself export command, or request one by contacting legal@witwave.ai; sealed-plane data exports only as ciphertext.
The AUP is part of these Terms. We may suspend or close accounts for material breach, non-payment, legal requirement, or genuine risk to the Service or others; where practicable we notify first. Closure follows the Privacy Policy's closure and erasure terms.
Support is provided per the published support policy. The Service is provided without an uptime SLA at launch. Incidents affecting the managed service are published as GitHub issues labeled incident on the public repository.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WITWAVE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE IS LIMITED TO THE FEES YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY (OR US $50 IF YOU HAVE PAID NO FEES), AND NEITHER SIDE IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. Nothing in these Terms excludes liability that cannot be excluded by law. You will defend and indemnify Witwave against third-party claims arising from your content or your breach of these Terms; we will defend and indemnify you against third-party claims that the managed Service itself infringes their intellectual property.
We may update these Terms with notice (email or in-product) at least 14 days before material changes take effect; continued use after the effective date is acceptance. If you do not agree, close your account before the effective date. You may close your account at any time (request an export first — closure is irreversible; see the Privacy Policy).
Witwave retains all rights in the Service and its software not expressly granted; feedback you choose to send may be used without obligation; no trademark rights are granted by these Terms. Neither side is liable for delay or failure caused by events beyond its reasonable control. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. If a provision is unenforceable, the rest remains in effect. These Terms, the policies they incorporate, and your order details are the entire agreement. You agree to comply with applicable US export-control and sanctions laws. Notices to Witwave: legal@witwave.ai; notices to you: your account email.