Wuardiang Terms and Conditions of Use
Effective Date: April 26, 2025
These Terms and Conditions ("Terms") govern the use of the Wuardiang mobile application ("the Application" or "the App"), offered by Miguel Angel Sánchez ("the Provider", "we", "us"). By downloading, installing, or using the Application, you ("the User") agree to be legally bound by these Terms and by our Privacy Policy (Note: Link assumed to be English version), which is incorporated herein by reference. If you do not agree with any of these Terms, you should not use the Application.
The Wuardiang Application is a non-profit project for research purposes on virtual assistants based on generative Artificial Intelligence (AI), such as Google's Gemini API.
1. Service Description
Wuardiang provides an AI-based chat assistant that uses Google's Gemini API to generate responses to User inputs (prompts). Interaction with the assistant consumes virtual points called "Kryptos".
Use of the Application is free. Kryptos are obtained exclusively through in-App features (such as challenges or games) and cannot be purchased with real money. Each message sent to the assistant consumes one (1) Krypto, unless otherwise indicated. The Provider reserves the right to modify the ways Kryptos are obtained and consumed at any time.
2. Eligibility and User Accounts
To use Wuardiang, the User must be at least 18 years old. By using the App, the User represents and warrants that they meet this age requirement.
When launching the App for the first time, an anonymous user account is created using Firebase Authentication. The User must provide a first name and their year of birth. This data is used to personalize the experience (greetings, adapting responses according to age) and to verify the majority age requirement. This data is processed according to our Privacy Policy (Note: Link assumed to be English version).
The Application does not require a password or biometric authentication for initial access from the device where it was installed. Therefore, the User is solely responsible for maintaining the security of their device (smartphone, tablet) to protect access to their account and information.
Optionally, the User can link their anonymous account to an email address and password through Firebase Authentication. This allows recovery of access to the account and associated data (such as Kryptos and chats) in case of changing devices. If the User chooses this option, they are responsible for maintaining the confidentiality of their password.
3. License to Use
Subject to compliance with these Terms, the Provider grants the User a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use the Application solely for personal, non-commercial purposes and in accordance with the App's research purpose.
The User agrees not to:
- Copy, modify, distribute, sell, or rent any part of the Application.
- Reverse engineer, decompile, or attempt to extract the source code of the Application.
- Use the Application for commercial purposes.
- Remove or obscure copyright or intellectual property notices.
4. User Conduct and Acceptable Use
The User agrees to use Wuardiang legally, ethically, and responsibly.
It is strictly prohibited to use the Application for:
- Any illegal or unauthorized purpose.
- Violating the Google Gemini API Prohibited Use Policy (or the equivalent current Google policy for Generative AI), available at https://ai.google.dev/gemma/prohibited_use_policy . This includes, but is not limited to, generating illegal, dangerous, hateful, harassing content, harmful disinformation, or non-consensual explicit sexual content.
- Transmitting viruses, malware, or other malicious code.
- Harassing, intimidating, threatening, or impersonating others.
- Attempting to gain unauthorized access to the App, servers, or other users' accounts.
- Interfering with or disrupting the operation of the Application.
- Using automated means (bots, scripts) to interact with the assistant excessively or to fraudulently obtain Kryptos.
- Attempting to bypass, disable, or manipulate the Krypto system.
Failure to comply with these rules may result in the immediate suspension or termination of the User's account.
5. Content
- User Content ("Inputs"): The User retains intellectual property rights to the messages or prompts they enter into the Application ("Inputs"). However, by using the App, the User grants the Provider a worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, process, transmit, and store such Inputs for the sole purpose of operating, maintaining, and improving the Wuardiang Application (including sending Inputs to the Gemini API to generate responses and storing chat history).
- Application Content: The Provider is the exclusive owner of all rights, titles, and interests in the Wuardiang Application, including its user interface, design, features, the Krypto system, and any other content created by the Provider (excluding User Inputs and AI-Generated Responses as described below).
- AI-Generated Responses ("Responses"):
Disclaimer Regarding AI Responses:
The responses provided by the Wuardiang assistant are generated by Google's Gemini API and are offered "AS IS" and "AS AVAILABLE," solely for informational, experimental, and research purposes.
NOT PROFESSIONAL ADVICE: These responses do not constitute and should not be interpreted as medical, legal, financial, technical, or any other type of professional advice.
POTENTIAL INACCURACIES: AI may generate incorrect, incomplete, biased, or offensive information. The Provider does not guarantee the accuracy, reliability, completeness, timeliness, or suitability of the generated Responses.
INDEPENDENT VERIFICATION: The User is responsible for independently evaluating and verifying any information obtained through the Application before making any decisions or taking any actions based on it.
The Provider disclaims all liability for any damage or harm arising from the User's reliance on the Responses generated by the AI. Use of these Responses is at the User's own risk.
6. "Kryptos" Point System
"Kryptos" are virtual points used within the Application to measure and limit the use of the AI assistant.
- Kryptos are not real currency, have no monetary value, and cannot be bought, sold, transferred, exchanged for real money, or any other goods or services outside the Application.
- Kryptos are obtained solely through designated activities within the App (challenges, games, etc.).
- The Provider has the absolute right to manage, regulate, control, modify, and/or eliminate Kryptos, as well as the rules for obtaining and spending them, at any time, in its sole discretion, with or without prior notice to the User. The Provider shall have no liability to the User or any third party for the exercise of such rights.
- If a User's account is cancelled or terminated (by the User or the Provider), all accumulated Kryptos will be immediately forfeited.
7. Intellectual Property
All intellectual property rights in the Wuardiang Application (except for User content and third-party technologies) belong to Miguel Angel Sánchez. Trademarks, logos, and service names are the property of the Provider.
The User acknowledges that Google LLC owns the Gemini API and Firebase, and that the use of these services is subject to Google's terms and policies.
8. Third-Party Services
Wuardiang relies on services provided by third parties, primarily Google (for the Gemini API and Firebase Authentication/Database). Wuardiang's use of these services is governed by the terms and policies of those third parties.
The Provider is not responsible for the availability, performance, security, or privacy practices of these third-party services. Any issues related to the Gemini API or Firebase are beyond the Provider's control.
Relevant Google links:
9. Disclaimer of Warranties
The Wuardiang Application is provided "AS IS" and "AS AVAILABLE". To the maximum extent permitted by applicable law, the Provider expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Provider does not warrant that the Application will meet the User's needs, that it will be uninterrupted, timely, secure, error-free, or that the responses generated by the AI will be accurate or reliable.
10. Limitation of Liability
To the maximum extent permitted by Spanish law, Miguel Angel Sánchez (the Provider) shall not be liable to the User or any third party for any indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, data, use, goodwill, or other intangible losses, resulting from: (i) access to or use of or inability to access or use the Application; (ii) any conduct or content of any third party on the Application; (iii) any content obtained from the Application (including AI-generated Responses); (iv) unauthorized access, use, or alteration of the User's transmissions or content.
If, despite the foregoing limitations, the Provider is found liable for any damage or loss, the Provider's total cumulative liability under these Terms shall not exceed the amount of ten euros (10 EUR) or the minimum amount permitted by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not fully apply to the User.
11. Indemnification
The User agrees to defend, indemnify, and hold harmless Miguel Angel Sánchez from any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorneys' fees, arising out of or in any way connected with: (a) the User's access to or use of the Application; (b) the User's violation of these Terms; or (c) the User's violation of any third-party rights, including intellectual property claims.
12. Modifications to the Terms
The Provider reserves the right to modify these Terms at any time. If we make changes, we will notify the User by posting the revised Terms in the Application or through another reasonable notification method (e.g., an in-App notice). Continued use of the Application after the effective date of the revised Terms will constitute the User's acceptance of such changes.
13. Termination
The Provider may suspend or terminate the User's access to the Application at any time, with or without cause, with or without notice, effective immediately. Reasons for termination may include, but are not limited to, violation of these Terms.
The User may stop using the Application at any time by simply uninstalling it from their device. If the User has linked their account to an email and wishes to request the deletion of their associated data, they should contact the Provider as indicated in the Privacy Policy.
Upon termination, all rights and licenses granted to the User will cease immediately, and all accumulated Kryptos will be forfeited.
14. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with Spanish law.
Any dispute, controversy, or claim arising out of or relating to these Terms or the use of the Application shall be subject to the exclusive jurisdiction of the courts and tribunals of the city of Palma de Mallorca, Spain, the parties expressly waiving any other forum that may correspond to them, unless applicable consumer and user protection regulations mandatorily establish another forum.
15. Contact
16. General Provisions
- Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining provisions shall remain in full force and effect.
- No Waiver: The failure of the Provider to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- Entire Agreement: These Terms, together with the Privacy Policy (Note: Link assumed to be English version), constitute the entire and exclusive agreement between the User and the Provider regarding the use of the Application, and supersede and cancel all prior or contemporaneous agreements, proposals, or communications, written or oral.
Last updated: April 26, 2025