Terms of Service

1. Acceptance of Terms

By installing, accessing, or using GemBoost, you ("User", "you", "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not install or use the Software.

These Terms constitute a legally binding agreement between you and the Provider. If you are using the Software on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. License and Service Description

2.1 Service Overview

GemBoost is a meta-programming configuration framework that enhances Gemini CLI with:

• Pre-configured development agents and specialized workflow tools
• Behavioral modes and intelligent workflow automation
• Third-party MCP server integrations for enhanced functionality
• Professional development environment enhancements

2.2 License Requirements

• Commercial License: Valid commercial license required for installation and use
• Internet Connectivity: License validation through Keygen requires internet connectivity for each executable run
• Gemini CLI Dependency: Gemini CLI must be pre-installed and properly configured on your system
• System Compatibility: Compatible systems only as specified in installation requirements
• One license per device/hardware configuration
• License keys are non-transferable and non-refundable

2.3 Purchase Process and Contract Formation

Order Confirmation

• All purchases must be confirmed via email before license activation
• You will receive order confirmation within 24 hours of successful payment
• License keys are delivered electronically to the email address provided during purchase
• If you do not receive confirmation within 24 hours, contact https://gemboost.dev/contact

Payment and Acceptance

• We reserve the right to reject any order for any reason
• Payment does not guarantee license acceptance
• Rejected orders will receive full refunds within 5-7 business days
• Acceptance occurs only upon successful license key delivery

3. Acceptable Use Policy

3.1 Permitted Uses

You may use GemBoost for:

3.2 Prohibited Uses

You may NOT use GemBoost to:

• Develop malware, viruses, ransomware, or other harmful software
• Create software that violates applicable laws or regulations
• Engage in unauthorized access to computer systems or networks
• Circumvent digital rights management or copy protection systems
• Reverse engineer, decompile, or attempt to extract source code
• Share, distribute, or sublicense your personal license key
• Use in countries subject to EU sanctions or trade restrictions
• Overload or abuse our license validation infrastructure

3.3 Legal Compliance

You are responsible for compliance with all applicable laws and regulations in your jurisdiction, including:

• EU Sanctions: Compliance with EU restrictive measures and trade sanctions
• Italian Law: Adherence to Italian software licensing and consumer protection laws
• Data Protection: GDPR compliance for any personal data processed
• Intellectual Property: Respect for third-party copyrights and trademarks

4. Service Availability and Performance

4.1 Service Availability

• License validation requires internet connectivity
• We strive for high availability but do not guarantee 100% uptime
• Scheduled maintenance will be announced 48 hours in advance when possible
• Emergency maintenance may be performed without prior notice

4.2 Grace Periods

• 7-day grace period for temporary connectivity issues
• Offline mode available for basic functionality during outages
• Automatic retry mechanisms for transient validation failures

4.3 Third-Party Dependencies and Disclaimers

Essential Third-Party Services:

• Stripe - Payment processing and transaction management
• Keygen - License validation, key generation, and hardware fingerprinting
• Third-Party MCP Servers - Community-developed integrations and tools
• Internet Infrastructure - CDNs, DNS, and connectivity providers
• Web3Forms & OctopusMail - Contact forms and email delivery

Third-Party Service Disclaimers:

• No Availability Guarantee: Third-party services may become unavailable at any time
• No Performance Guarantee: We cannot control response times or service quality
• Policy Changes: Third-party providers may change terms, pricing, or discontinue services
• Data Security: Third-party data handling governed by their respective privacy policies
• Service Interruptions: Your access to GemBoost may be impacted by third-party downtime
• No Refunds for Third-Party Issues: Service disruptions caused by external providers do not entitle you to refunds

5. User Responsibilities

5.1 Account Security

• Keep your license key secure and confidential
• Do not share your license key with unauthorized parties
• Report suspected unauthorized use immediately to https://gemboost.dev/contact
• Use strong security practices to protect your development environment

5.2 System Requirements

• Maintain compatible system configuration as specified in documentation
• Ensure adequate internet connectivity for license validation
• Keep system software and dependencies up to date for security

5.3 Compliance Obligations

• Comply with all applicable laws and regulations in your jurisdiction
• Respect intellectual property rights of third parties
• Follow responsible disclosure for any security vulnerabilities discovered

6. Privacy and Data Protection

Your privacy and data protection are governed by our Privacy Notice, which is incorporated by reference into these Terms. Key points:

• We collect minimal hardware identifiers for license validation only
• Data is processed securely and in compliance with applicable privacy laws
• You have rights regarding your personal data as described in our Privacy Notice

7. Intellectual Property Rights

7.1 Our Rights

• GemBoost software and related intellectual property remain our exclusive property
• These Terms grant you a limited, non-exclusive, non-transferable license to use
• No rights are granted beyond those explicitly stated in your Commercial License Agreement

7.2 Your Rights

• You retain all rights to content you create using GemBoost
• We claim no ownership or rights to your projects, code, or intellectual property
• Your use of GemBoost does not grant us any license to your work

7.3 Third-Party Rights

• GemBoost incorporates third-party software components with their own licenses
• See THIRD_PARTY_LICENSES.md for complete attribution and license information
• You must comply with all applicable third-party license terms

8. Termination and Suspension

8.1 Termination by You

• You may stop using GemBoost at any time
• Uninstalling the software terminates your use but not these Terms
• License fees are non-refundable upon voluntary termination

8.2 Termination by Us

We may suspend or terminate your license immediately for:

• Material breach of these Terms or the Commercial License Agreement
• Fraudulent or unauthorized use of license keys
• Activities that harm our systems, services, or other users
• Violation of applicable laws or export control regulations

8.3 Effects of Termination

Upon termination:

• Your license to use GemBoost immediately ceases
• You must uninstall and cease all use of the Software
• Survival clauses (liability limitations, dispute resolution) remain in effect
• We may disable license validation to prevent further use

8.4 Appeal Process

• Termination notices will include reason and appeal instructions when possible
• Appeal requests must be submitted to https://gemboost.dev/contact within 30 days
• We will review appeals in good faith but termination decisions are final

9. Disclaimers and Warranties

9.1 "AS IS" Service

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

9.2 Specific Disclaimers

WE DISCLAIM ALL WARRANTIES INCLUDING:

• MERCHANTABILITY - No guarantee the software will meet your requirements
• FITNESS FOR A PARTICULAR PURPOSE - No assurance for your specific use case
• NON-INFRINGEMENT - No guarantee of freedom from third-party rights claims
• UNINTERRUPTED SERVICE - License validation may experience outages
• ERROR-FREE OPERATION - Software may contain bugs or defects
• SECURITY - No guarantee against vulnerabilities or security breaches
• AI-GENERATED CONTENT - No warranty for accuracy, quality, or legality of AI outputs

9.3 AI-Generated Content Specific Disclaimers

REGARDING AI-GENERATED CONTENT, WE SPECIFICALLY DISCLAIM:

• ACCURACY OF AI OUTPUTS: No warranty that AI-generated code, suggestions, or content will be accurate, complete, or error-free
• INTELLECTUAL PROPERTY CLEARANCE: No guarantee that AI outputs are free from copyright, patent, or trademark infringement
• SECURITY AND SAFETY: No assurance that AI-generated code is secure, safe, or free from vulnerabilities
• COMPLIANCE WITH STANDARDS: No warranty that AI content meets coding standards, best practices, or regulatory requirements
• FITNESS FOR PRODUCTION: No guarantee that AI-generated content is suitable for production use or commercial deployment
• TRAINING DATA LIMITATIONS: No control over or warranty regarding the training data used by underlying AI models
• BIAS AND DISCRIMINATION: No guarantee that AI outputs are free from bias, discrimination, or inappropriate content

10. Limitation of Liability

10.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR GEMBOOST LICENSE.

10.2 Excluded Damages

WE SHALL NOT BE LIABLE FOR:

• Loss of data, profits, revenue, or business opportunities
• Business interruption, work stoppage, or productivity losses
• Indirect, incidental, special, consequential, or punitive damages
• Damages resulting from third-party actions or service interruptions
• Security breaches, data loss, or system failures

10.3 Essential Purpose

These limitations are essential elements of the agreement between us. The Service would not be provided without these limitations.

11. Dispute Resolution

11.1 Governing Law

These Terms are governed by the laws of Italy, without regard to conflict of law principles.

11.2 Jurisdiction

Any legal proceedings must be brought in the courts of Milan, Italy, and you consent to the personal jurisdiction of such courts.

11.3 Informal Resolution

Before filing any legal action, you agree to first attempt to resolve disputes informally by contacting https://gemboost.dev/contact with a detailed description of the issue.

11.4 Time Limitation

Any claims must be brought within one (1) year of when the cause of action arose, or such claims will be permanently barred.

12. General Provisions

12.1 Entire Agreement

These Terms, together with the Commercial License Agreement and Privacy Notice, constitute the entire agreement between you and us regarding GemBoost.

12.2 Modifications

We may modify these Terms at any time by posting revised Terms. Continued use after posting constitutes acceptance of modified Terms. Material changes will be communicated via software updates when possible.

12.3 Severability

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

12.4 Waiver

Our failure to enforce any provision does not constitute a waiver of our right to enforce that provision later.

12.5 Assignment

You may not assign these Terms or your license rights. We may assign these Terms without restriction.

12.6 Survival

Provisions regarding intellectual property, disclaimers, liability limitations, and dispute resolution survive termination of these Terms.

13. Contact Information

14. Additional Terms for Enterprise Users

14.1 Enterprise Licensing

Organizations purchasing multiple licenses may be subject to additional Enterprise License Terms. Contact https://gemboost.dev/contact for enterprise licensing options.

14.2 Volume Licensing

Bulk licensing discounts may be available. Custom terms may apply for large deployments or special requirements.

14.3 Support Levels and Limitations

Support Limitations:

• Executable Support Only: Technical support is limited to issues with the GemBoost installer executable and license validation
• No Configuration Support: No support is provided for MIT-licensed configuration files, Gemini CLI issues, or third-party MCP integrations
• Discretionary Basis: All support is provided at the sole discretion of the Provider and may be limited, delayed, or unavailable
• No Guaranteed Response: No guarantee of response time, issue resolution, or continued support availability
• Community Resources: Users are encouraged to rely on community forums and documentation for configuration-related assistance

Different support levels may be available for enterprise customers, including priority support, dedicated account management, and custom SLA agreements, subject to Provider availability and discretion.

15. Individual Seller and Tax Information

15.1 Individual Seller Status

• GemBoost is provided by Omar Pioselli as an individual seller (natural person)
• The service is not provided by a corporation or business entity
• All transactions are processed through third-party payment processors (Stripe)
• Purchases are subject to the terms and conditions of individual seller provisions

15.2 Tax Information and Compliance

• No VAT (IVA) charges apply as seller operates below Italian VAT registration threshold
• All prices shown are final prices inclusive of any applicable taxes
• Electronic receipts are provided for all transactions through the payment processor
• Business customers may need to self-assess tax obligations in their jurisdiction

15.3 Payment Processing

• All payments are processed by Stripe, our authorized payment processor
• Payment receipts and transaction records are provided by the payment processor
• Refund processing follows payment processor policies and individual seller limitations
• Currency conversion (if applicable) is handled by the payment processor

15.4 Individual Seller Limitations

• Service capacity may be limited compared to corporate entities
• Support response times may vary based on individual availability
• Certain business-to-business services may not be available
• Professional liability coverage follows individual seller standards