Terms of Service
Last updated: January 2025
1. Acceptance of Terms
By accessing or using Custos ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service. These Terms apply to all users, including those using the free self-hosted version and paid Patron subscribers.
2. Description of Service
Custos is a privacy-first accountability software that:
- Monitors your screen locally using on-device AI to detect potentially harmful content
- Displays an intervention overlay when concerning content is detected
- Provides an AI-powered dialogue (Guardian) to facilitate reflection
- Runs entirely on your device, with optional cloud sync for Patron subscribers
3. User Accounts
To use certain features of the Service, you must create an account. You agree to:
- Provide accurate and complete registration information
- Maintain the security of your account credentials
- Promptly notify us of any unauthorized access to your account
- Accept responsibility for all activities that occur under your account
You must be at least 18 years old to create an account and use the Service.
4. Subscription and Payments
Free Trial: New users receive a 7-day free trial with full access to all features. No payment is required until the trial ends.
Subscription: After the free trial, the subscription is billed monthly at $9/month. By continuing past the trial, you authorize us to charge your payment method on a recurring basis.
Self-Hosting (Developers): The open-source version is available for developers who wish to self-host. You are responsible for your own infrastructure, setup, and OpenAI API costs.
- You may cancel during the trial at no charge
- Subscriptions automatically renew unless cancelled before the renewal date
- You may cancel your subscription at any time through your dashboard
- Cancellation takes effect at the end of the current billing period
- Refunds are provided at our discretion for billing errors or service issues
5. OpenAI API Key Requirement
Both tiers require you to provide your own OpenAI API key for the Guardian AI feature. You acknowledge that:
- You are responsible for obtaining and maintaining a valid OpenAI API key
- OpenAI API usage incurs separate charges billed directly by OpenAI
- You must comply with OpenAI's terms of service and usage policies
- Custos is not responsible for any charges from your OpenAI API usage
- The Guardian feature will not function without a valid API key
6. Intervention System and Safety
The Custos intervention system is designed to offer a voluntary moment of reflection. You understand and agree that:
- The intervention overlay invites you to pause and reflect with the Guardian AI
- You can exit anytime by clicking the Exit button, pressing Escape, or asking the Guardian to let you go
- You can temporarily disable Custos through the system tray icon before situations where monitoring is inappropriate
- The AI detection is not perfect and may occasionally trigger on non-harmful content
- The intervention is a supportive companion, not a coercive system—you are always in control
Important: Custos is a tool to support your personal goals, not a replacement for professional help. If you are struggling, please seek support from a qualified counselor or therapist.
7. Acceptable Use
You agree not to:
- Use the Service for any illegal purpose
- Attempt to reverse engineer, decompile, or disassemble the Service
- Circumvent any security measures or access controls
- Use the Service to monitor others without their explicit consent
- Share your account credentials with others
- Resell or redistribute the Service without authorization
8. Intellectual Property
The Service, including its original content, features, and functionality, is owned by Custos and is protected by international copyright, trademark, and other intellectual property laws. The self-hosted version is provided under an open-source license; please refer to the LICENSE file in the repository for specific terms.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. THE AI DETECTION SYSTEM MAY PRODUCE FALSE POSITIVES OR FAIL TO DETECT CERTAIN CONTENT. YOU USE THE SERVICE AT YOUR OWN RISK.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to indemnify and hold harmless Custos and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service or violation of these Terms.
12. Modifications to Service and Terms
We reserve the right to modify or discontinue the Service at any time, with or without notice. We may also update these Terms from time to time. Continued use of the Service after any changes constitutes acceptance of the new Terms. For material changes, we will provide notice via email or through the Service.
13. Termination
We may terminate or suspend your account immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that should reasonably survive termination shall survive.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved in the courts of competent jurisdiction.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
16. Contact Information
If you have any questions about these Terms, please contact us:
- Email: legal@custosshield.org