Terms of use

1. What this is

Waken hosts AI agents. Each agent runs on its own persistent machine in our data center in Europe. Waken is published by Saira (see the legal notice), called "we" below. By creating an account or using the service, you accept these terms.

Waken is for professional use only. It is sold to businesses, freelancers and developers who use it for their trade, business or profession, not to consumers.

Waken is in early access. It is invite only, features change, and we make no promise of availability yet. Do not run anything on it that cannot tolerate an interruption.

2. Your account

You sign in with a link sent to your email, so whoever controls your mailbox controls your account. Keep it safe. API keys act on your behalf: treat them like passwords, and revoke one as soon as you think it leaked.

You must be at least 18, able to enter into a contract, and acting for the purposes of your trade, business or profession. If you use Waken for a company, you accept these terms for that company and confirm you are allowed to commit it. One person or company may not open several free accounts to get around the limits of a plan.

3. What is yours

Everything you deploy stays yours: your code, your files, your agents, their conversations and what they produce. We claim no right over it. You give us only the permission we need to run it: store it, back it up, and move it between our machines.

Your agents call AI models with your own API key, under your own agreement with the model provider. We never see your tokens bill, and what you send to a model is between you and that provider.

You are responsible for what your agents do, including when they act on their own. Set spend caps and permissions accordingly.

When your agents hold or process personal data, you are the controller of that data and we process it only on your behalf. Our data processing agreement applies to that processing and is part of these terms.

4. What is not allowed

We give every agent a real machine with real network access. That only works if it is not abused. You may not use Waken to:

• mine cryptocurrency, or run any workload whose point is to burn compute rather than to run an agent;
• send spam or bulk unsolicited messages, by email or on any platform;
• attack, scan or probe systems you do not own or have no permission to test, take part in denial of service, or host malware, phishing pages or command and control servers;
• break into accounts, scrape personal data at scale, or get around a website's access controls or rate limits in breach of its terms;
• store or distribute content that is illegal in France or in your country, including content that exploits minors, incites violence or infringes someone's rights;
• get around the limits of your plan, share one account between unrelated people, or resell access to Waken without a written agreement with us. Building your own product on the Waken API and giving agents to your customers is allowed: reselling Waken accounts, keys or raw machine access is not;
• interfere with the service or with other customers: escaping your machine, reaching other agents, or overloading shared resources on purpose.

Security research on Waken itself is welcome if you tell us first and stay within your own account. Write to hello@waken.sh.

5. What we do about abuse

We may put an agent to sleep, limit its resources or network, or suspend an account, without notice when the abuse is ongoing or harms others, and with notice otherwise. We tell you why, and you can answer. We do not read your files to look for problems: we act on signals such as resource usage, network patterns and reports.

If we are legally required to, we hand over data to the authorities, and we tell you unless the law forbids it.

6. Plans, payment and unpaid invoices

Plans. Plans are priced by number of agents. Options such as bigger machines or always-on agents are billed per agent. Prices are on the pricing page.

Prices and taxes. Prices are in euros and exclude taxes. VAT is added according to your billing address. Businesses established in the European Union outside France that give a valid VAT number are invoiced without VAT, under the reverse charge mechanism.

Payment. Paid plans are billed monthly, in advance, and renew automatically each month until you cancel. Payments are handled by Stripe: we never see or store your card details. Your invoices are on the Billing page of your dashboard.

Changes and cancellation. A change of plan or options takes effect at once and is prorated. You can cancel at any time: your plan stays active until the end of the period you paid for, then your account moves to the Free plan. Nothing is deleted.

Failed or late payment. If a payment fails, nothing is deleted and we retry it. You have 14 days to fix it. After that your agents go to sleep, with their files and checkpoints intact, and they wake up as soon as the payment goes through. After 90 days unpaid, we may delete the account and its data, and we email you before we do. Under articles L.441-10 and D.441-5 of the French Commercial Code, any amount unpaid on its due date bears late payment interest at three times the French legal interest rate, plus a fixed indemnity of €40 for recovery costs. No discount is given for early payment.

Refunds. We do not refund a period already started, except where the law requires it or in case of a billing error on our side.

Price changes. We announce a price change by email at least 30 days ahead. It applies from your next billing period, and you can cancel before it does.

7. Limits of each plan

Each plan includes a number of agents and a number that can be awake at the same time. When your running slots are full, your least recently used agent goes to sleep to make room. On the Free plan, agents always sleep when idle. We may change the limits of the Free plan, with 30 days of notice.

8. Availability and backups

We work to keep Waken fast and available. During early access there is no service level commitment and no compensation for downtime.

Checkpoints let you rewind an agent. They are a convenience, not a backup you should rely on alone: keep your own copy of anything you cannot afford to lose.

9. Leaving

You can delete an agent or your whole account at any time. Deletion is permanent: machines, files and checkpoints are erased from our servers, and from our backups within 30 days. Before leaving you can download your files from the dashboard, the CLI or the API.

We can close an account that breaks these terms. If we ever stop the service, we give at least 60 days of notice so you can take your data with you.

10. Liability

Waken is provided as it is. To the extent the law allows, we are not liable for indirect losses such as lost profits, lost data or the actions of your agents, and our total liability is limited to what you paid us in the 12 months before the event. Nothing here limits liability that cannot be limited by law.

11. Changes, law and contact

We may update these terms. For a change that matters, we email you at least 30 days before it applies. If you keep using Waken after that date, you accept the new terms.

These terms are governed by French law. If we cannot settle a dispute together, the competent courts of Paris, France, have exclusive jurisdiction. Questions: hello@waken.sh. How we handle personal data is in the privacy policy and the data processing agreement.