Terms of Service

1. The agreement

By downloading, installing, activating, or using the Gestu Android application (package identifiers app.gestu.assistant.foss and app.gestu.assistant) or visiting https://gestu.ca (collectively, "Gestu" or the "Service"), you agree to these Terms of Service ("Terms"). If you do not agree to these Terms, do not use Gestu or purchase a subscription.

These Terms form a binding legal contract between you and Gestu Software Inc. (Ontario Corporation No. 1001744733), a corporation incorporated under the laws of the Province of Ontario, with its registered office at 175 Tancred St., Sault Ste. Marie, Ontario, P6A 2W5, Canada ("Gestu", "we", "us", or "our").

Our Privacy Policy and Refund Policy are incorporated into and form part of these Terms. Please read them carefully: they explain exactly what stays on your phone, what our cloud inference provider processes for Gestu Pro, and how to request a full refund within 14 days of payment.

2. What Gestu is & open-source attribution

Gestu is a local-first personal AI assistant for Android. It can run quantized machine learning models directly on your device hardware (via LiteRT and Sherpa-ONNX), connect to external AI providers using your own API keys, route requests through our managed cloud proxy under a Gestu Pro subscription, execute user-configured device tools, and run a rootless Linux container environment inside app-private storage ("Gestu Build").

Open-source attribution (Apache-2.0). Gestu is a derivative work forked from the open-source project Kai 9000 created by Simon Schubert (github.com/SimonSchubert/Kai9000) and distributed under the Apache License, Version 2.0. Gestu also incorporates third-party open-source components including ONNX Runtime (MIT License), Google LiteRT (Apache-2.0), PRoot (GPL-2.0, executed as a separate user-space process), and talloc (LGPL-3.0, dynamically linked). Full copyright and licence notices are provided in the repository's LICENSE, NOTICE, and THIRD_PARTY_LICENSES.md files and within the application's About screen. These Terms govern the managed Gestu Pro cloud subscription, activation codes, and gestu.ca services; they do not restrict your rights under the applicable open-source licences governing the underlying source code.

3. What stays free forever vs. Gestu Pro

Gestu Pro — Auto-Renewing Yearly Subscription. Gestu Pro is an optional paid annual subscription that unlocks:

• Managed Cloud AI Inference: Immediate access to DeepSeek V4.1 Flash (gestu-pro-flash / deepseek-flash) through pro.gestu.ca, served from DeepSeek's OpenAI-compatible API (api.deepseek.com) under Gestu's own credential, with no third-party provider account or API key required from you, subject to the monthly fair-use allowance in Section 6.
• Pro Feature Set: Full access to Gestu Build (the coding-agent workshop and project manager), the full Debian 12 sandbox userland, superuser/root mode inside the rootless container, bulk multi-file sandbox operations, saving sandbox files directly to shared device storage, unlimited custom scheduled tasks, in-place memory editing in Settings, and unrestricted Device Control accessibility automation (on the sideloaded FOSS build).

Subscription Pricing:

• Standard Annual Price: US$149.00 per year (plus applicable taxes).
• Founders Annual Price (First 500 Subscribers): The first 500 subscribers who purchase Gestu Pro on gestu.ca receive the Founders rate of US$99.00 per year (plus applicable taxes). Your US$99.00/year Founders price is locked in for every subsequent annual renewal for as long as your subscription remains continuously active and in good standing. If you cancel and your subscription expires, any future re-subscription will be billed at the then-current standard rate.
• Business Licences: Organisational and multi-seat Business licences are available by invoice ($299/month or $2,000/year) under separate commercial terms.

4. Auto-renewal, Merchant of Record, & cancellation

• Sold through Stripe Managed Payments / Link (Merchant of Record): Web subscriptions on gestu.ca are sold through Stripe Managed Payments / Link, which acts as the Merchant of Record for the transaction. Link's terms and privacy policy apply to checkout, payment processing, tax calculation and remittance (GST/HST, QST, VAT, and local sales taxes), invoicing, and billing disputes. Gestu Software Inc. never receives or stores your credit card or bank account numbers.
• Card Statement Descriptor: Charges for Gestu Pro will appear on your credit card or bank statement as LINK.COM* GESTU. Please note this descriptor so you recognise the transaction on your statement.
• Advance Renewal Reminder Email: At least 15 days before your annual renewal date (and within any longer advance-notice window required by applicable consumer protection laws), an automated email reminder will be sent to the email address associated with your subscription stating the upcoming renewal date, the exact renewal price, and a direct link to cancel or update your payment method.
• How to Cancel Anytime: You may cancel auto-renewal at any time before your annual renewal date, with zero cancellation penalty:
  1. Self-service via Link: Visit link.com or click the "Manage subscription" link in your purchase receipt or renewal reminder email to cancel in two clicks; or
  2. By email: Email support@gestu.ca from the email address used at checkout (or include your invoice number or activation code) and ask us to cancel.
  When you cancel auto-renewal (without requesting a 14-day refund), your Gestu Pro entitlement remains active until the end of your current paid 12-month period, after which it will end without further charges.
• Failed Renewal Payments & 7-Day Grace Period: If an annual renewal charge is declined, your licence remains active during a 7-day grace period while Stripe attempts to process the payment and notifies you by email. If payment is not completed within the 7-day grace period, your Gestu Pro entitlement will expire and the app will fall back to Free Forever mode without deleting any local data.
• Price Changes: If we ever change the standard price of Gestu Pro for existing subscribers, we will send you written notice by email at least 30 to 60 days before your next annual renewal date so you have a clear opportunity to cancel before the new price takes effect. Continuously active Founders subscriptions remain locked at US$99.00/year.

5. 14-day no-questions-asked refund policy

We stand behind Gestu Pro with a straightforward 14-day, no-questions-asked refund policy. See our standalone Refund Policy for full details:

• Full Refund Within 14 Days: You may request a full 100% refund within 14 calendar days of your initial subscription purchase (and within 14 calendar days of any annual renewal charge where required by applicable law or requested before substantial renewal-term usage), for any reason or no reason at all. You are eligible for a 14-day refund even if you have already claimed your activation code and tested Gestu Pro.
• How to Request a Refund: Email support@gestu.ca with the email address used at checkout, your Stripe/Link receipt number, or your activation code, or submit a refund request directly through Link at link.com. We process refund requests within 2 business days, and funds typically return to your original payment method within 5–10 business days depending on your bank.
• Dispute Prevention Window: As Merchant of Record, Stripe Managed Payments / Link may also issue refunds within up to 60 days of a charge in accordance with its dispute-prevention policies.
• Effect of Refund or Chargeback: When a full refund or chargeback is processed, your Gestu Pro licence and associated virtual keys are revoked automatically within minutes. Your local chats, memories, tasks, and sandbox files are untouched.

6. Activation codes, one-device limit, & monthly fair-use allowance

Personal & Non-Transferable: Your activation code and virtual keys are personal to you. You must not publish, share, pool, sublicense, or resell your activation code or virtual key, or use a consumer subscription to power a multi-user service.

Cost-Based Monthly Fair-Use Allowance (in Plain English):

• Why an Allowance Exists: Every request sent through our managed cloud route consumes real GPU compute that we pay for out of your flat annual subscription. To prevent runaway automation loops or leaked credentials from generating unbounded server bills, Gestu Pro includes a monthly cost-based fair-use allowance rather than an arbitrary hourly message cap.
• How It Is Measured: Each subscriber receives a monthly managed inference budget of US$4.00 in wholesale model compute cost per calendar month (approximately 2,500 typical assistant turns per month with normal conversation context caching). Compute cost is metered by our proxy in micro-USD using the published token rates for cache-hit input tokens, cache-miss input tokens, and output completion tokens (accounting for standard UTC peak and off-peak pricing windows).
• Visible Percentage Meter: Inside Settings → Gestu Pro, your consumption for the current calendar month is displayed as a simple percentage (0% to 100%), along with the date your allowance resets (the 1st of every calendar month at 00:00 UTC).
• No Overage Bills — Ever: We will never bill you per token or charge an overage fee. When your monthly usage reaches 100% (soft cap), managed routing switches to an efficiency mode (extended chain-of-thought reasoning traces are disabled and per-response output length is clamped) so you are not cut off mid-conversation. If your monthly usage reaches 150% (hard cap), managed cloud requests return a quota notice (`HTTP 429`) until your allowance automatically resets to 0% on the 1st of the next calendar month.
• Immediate Escape Hatches & Zero Data Loss: If you reach the monthly hard cap, nothing in your app is deleted, hidden, or made read-only, and all Pro local features (such as Gestu Build and Device Control) remain unlocked. A single dialog lets you immediately switch to your own personal API key (BYOK) or an on-device model while you wait for the monthly reset. On-device inference and BYOK requests never count toward your Gestu Pro allowance.

Managed Cloud AI Hosting & Processing: Managed Gestu Pro inference requests are routed to DeepSeek's OpenAI-compatible API (api.deepseek.com), operated by Hangzhou DeepSeek Artificial Intelligence Co., Ltd., serving DeepSeek V4.1 Flash. Requests are processed by DeepSeek under DeepSeek's own terms and in DeepSeek's jurisdiction; Gestu makes no representation about the country in which a request is processed, and no residency is promised. Managed Gestu Pro does not use your personal DeepSeek key — Gestu's own credential is used — and the proxy does not automatically fail over to any other provider unless a fallback host is explicitly configured. Any change to the model host requires approval by the Director of Gestu Software Inc. and an advance update to our Privacy Policy and Terms.

7. AI output disclaimer & DeepSeek model disclosures

AI Output Accuracy Disclaimer: Large language models generate responses probabilistically by predicting text tokens. AI outputs—whether produced by an on-device model, a BYOK provider, or Gestu Pro—can be inaccurate, incomplete, outdated, biased, or entirely fabricated ("hallucinated"). Gestu is a software tool, not a qualified human professional. Nothing produced by Gestu constitutes legal, medical, psychological, financial, investment, tax, or safety-critical advice. You are solely responsible for independently verifying any important information and for reviewing and approving any action, shell script, email, SMS, phone call, or file modification before execution.

DeepSeek V4.1 Flash Model Attribution & Output Labelling (DeepSeek Terms §8.1): Managed cloud inference in Gestu Pro is powered by the DeepSeek V4.1 Flash model architecture created by Hangzhou DeepSeek Artificial Intelligence Co., Ltd., served on independent cloud infrastructure. In accordance with Section 8.1 of the DeepSeek Terms of Use and applicable AI transparency principles, you are hereby notified that all responses returned through the gestu-pro-flash / deepseek-flash managed route are synthetically generated by artificial intelligence (DeepSeek V4.1 Flash). Where you publish, distribute, or share AI-generated outputs externally, you agree not to misrepresent AI-generated content as solely human-generated and to include clear AI-generation labelling or provenance disclosures where required by applicable law or platform rules.

8. Sideloaded APK delivery, updates, & Google Play variant

• Two Android Variants: Gestu is built in two flavours: (1) the unrestricted sideloaded FOSS build (app.gestu.assistant.foss), distributed directly from https://dl.gestu.ca, which includes activation-code entry and OS capabilities that Google Play restricts (opt-in SMS tools, notification listener, Device Control accessibility service, and package installation from the sandbox); and (2) the Google Play Store build (app.gestu.assistant), which uses Google Play Billing and omits Play-restricted permissions.
• Where Web Activation Codes Work: Because Google Play does not permit external web-billing link-outs for Canadian developers, Gestu Pro activation codes purchased on gestu.ca can only be redeemed in the sideloaded FOSS build (app.gestu.assistant.foss) downloaded from dl.gestu.ca.
• Cryptographic Signing & Safe Installation: Every official FOSS release APK published at https://dl.gestu.ca is cryptographically signed with Gestu Software Inc.'s release signing certificate and accompanied by a published SHA-256 checksum at https://dl.gestu.ca/latest.json and https://gestu.ca/download/. Only install Gestu APKs obtained from dl.gestu.ca (or Google Play). Installing modified APKs from third-party mirror sites is at your own risk.
• Automatic Update Check (FOSS Build): To ensure you receive critical security and compatibility fixes without an app store, the FOSS build fetches https://dl.gestu.ca/latest.json at most once every 24 hours to check if a newer signed version is available and notifies you if so. This check transmits no personal identifier and is completely disabled whenever Total Privacy Mode is switched on.

9. Acceptable use

You agree not to use Gestu, Gestu Build, or the Gestu Pro managed service to:

• violate any applicable municipal, provincial, federal, or international law or regulation, or infringe the intellectual property, privacy, or legal rights of any person;
• generate, store, or transmit child sexual abuse material (CSAM) or child sexual exploitation and abuse (CSAE) content of any kind;
• develop, distribute, or execute malware, ransomware, spyware, denial-of-service attacks, or unauthorised exploits against systems, networks, or devices you do not own or have explicit permission to test;
• generate non-consensual intimate imagery, impersonate individuals for fraud or phishing, or harass, threaten, or defame any person;
• share, publish, sell, sublicense, or pool your Gestu Pro activation code or virtual keys, or operate a consumer Gestu Pro licence as a shared proxy or commercial API for third parties;
• probe, brute-force, or bypass rate limits, device seat limits, monthly cost allowances, or cryptographic controls on entitlements.gestu.ca or pro.gestu.ca; or
• use the DeepSeek V4.1 Flash model in violation of the upstream model license restrictions (including military use, weapons development, or critical infrastructure disruption).

Responsibility for Gestu Build (Linux Sandbox): The Gestu Build environment runs a real user-space Linux distribution (Alpine or Debian) via PRoot inside app-private storage. You have full control over the packages, scripts, and network commands you or your coding agents run inside it, and you are solely responsible for complying with the licences of any software you install and for any network traffic initiated from inside your sandbox.

10. Your content

As between you and Gestu Software Inc., you retain all ownership and intellectual property rights in the prompts, documents, attachments, source code, memories, and other materials you input into Gestu ("Input") and in the responses, code, and artifacts generated for you ("Output"), to the extent permitted by applicable law. We claim no ownership or licence over your Input or Output.

We never use your Input or Output to train, fine-tune, or improve any AI model. When you use a cloud route (either Gestu Pro or a BYOK provider), your prompt context is transmitted solely to generate the requested response, as detailed in our Privacy Policy.

11. Availability and support

Customer Support: You can reach human technical and billing support at support@gestu.ca. We respond to consumer enquiries within 2 business days (Monday to Friday, excluding Ontario statutory holidays). Organisational Business Licence holders receive priority support with a 24-hour response target.

Service Availability: While we design our infrastructure for high reliability, cloud networks and upstream inference hosts occasionally experience maintenance or outages. We do not guarantee 100% uninterrupted availability of pro.gestu.ca. Because Gestu is local-first, your local database, on-device models, BYOK providers, and Linux sandbox continue to function independently on your handset even during a managed cloud outage.

12. Warranties & statutory consumer rights

Statutory Consumer Rights Preserved: If you are a consumer residing in Ontario, Quebec, another Canadian province, the European Economic Area, the United Kingdom, or another jurisdiction with mandatory consumer protection legislation (including the Ontario Consumer Protection Act, 2002, the Ontario Consumer Protection Act, 2023 upon entry into force, and the Quebec Consumer Protection Act), you have statutory rights and warranties that cannot be waived or excluded by contract. Nothing in these Terms excludes, restricts, or modifies any mandatory statutory right, warranty, or remedy to which you are entitled under applicable consumer protection law.

Disclaimer of Other Warranties: Subject to the statutory consumer rights above and to the fullest extent permitted by applicable law, Gestu and Gestu Pro are provided "as is" and "as available", without any other warranties, representations, or conditions of any kind, whether express, implied, or statutory, including implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, or accuracy of AI-generated outputs.

13. Limitation of liability

To the fullest extent permitted by applicable law (and subject to the non-waivable statutory consumer rights in Section 12):

• Exclusion of Indirect Damages:Neither Gestu Software Inc. nor its director, officers, employees, open-source contributors, or sub-processors shall be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, or unbacked-up local device data, arising out of or relating to your use of or inability to use Gestu or reliance on any AI output.
• Aggregate Liability Cap: Our total cumulative liability for all claims arising out of or relating to these Terms, Gestu, or Gestu Pro in any 12-month period shall not exceed the greater of: (a) the total subscription fees you paid for Gestu Pro during the twelve (12) months immediately preceding the event giving rise to the claim, or (b) CAD $150.00.
• Exceptions: Nothing in these Terms limits or excludes liability for fraud, wilful misconduct, gross negligence, death or bodily injury caused by negligence, or any other liability that cannot lawfully be limited or excluded under Ontario or applicable mandatory consumer law.

14. Suspension, termination, & zero data repossession

Your Right to Stop Anytime: You may stop using Gestu at any time, cancel auto-renewal under Section 4, or claim a 14-day refund under Section 5.

Suspension or Termination for Breach: We may suspend or revoke your Gestu Pro licence and virtual keys if you materially breach these Terms (such as violating the Acceptable Use rules in Section 9, publicly leaking an activation code, or initiating a fraudulent chargeback) or if required to do so by law. Where reasonable, we will notify you by email with the reason and an opportunity to cure a remediable breach.

Termination for Our Convenience: If we ever discontinue Gestu Pro or terminate your active subscription for our convenience rather than for your breach, we will provide advance notice and refund the pro-rata unused portion of your prepaid annual subscription term.

Zero Data Repossession Guarantee: Expiring, cancelling, refunding, or revoking a Gestu Pro subscription only stops managed cloud routing and locks future entry into Pro-only creation screens. It never deletes, truncates, encrypts for ransom, or makes read-only your local conversation history, memories, scheduled tasks, installed Linux distributions, or Gestu Build project files on your phone.

15. Governing law & dispute resolution

These Terms and any dispute or claim arising out of or in connection with them are governed by the laws of the Province of Ontario, and the federal laws of Canada applicable therein, without giving effect to conflict-of-law principles.

Before initiating formal legal proceedings, we encourage you to contact us at legal@gestu.ca so we can try to resolve the issue promptly and informally. Subject to any mandatory consumer protection laws in your province or country of residence that entitle you to bring proceedings in your local courts, you and Gestu Software Inc. agree to submit to the jurisdiction of the courts of the Province of Ontario located in Toronto, Ontario.

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

16. Contact & corporate disclosures