Terms of Service

Overview

These Terms of Service ("Terms") govern the use of services provided by Kristjan Krizman, operating as a registered sole proprietor (s.p.) in Slovenia (the "Service Provider").

By purchasing or using the services, you (the "Customer") agree to be bound by these Terms.

Service Scope

These Terms apply exclusively to business-to-business (B2B) transactions. By agreeing to these Terms, the Customer represents and warrants that they are acting in a professional or commercial capacity and not as a consumer within the meaning of Directive 2011/83/EU or the Slovenian Consumer Protection Act (ZVPot-1).

The Service is a one-time installation and configuration engagement. Once the Service is completed and access is handed off, the Service Provider has no ongoing obligation, access, or control over the Customer's OpenClaw instance.

Description of Services

The Service Provider offers the following services:

1. Installation and Configuration — Installation and configuration of the open-source OpenClaw software on the Customer's designated hardware or virtual server.
2. Security Hardening — Application of security best practices as recommended by the official OpenClaw documentation at the time of installation.
3. Post-Setup Support — 14 days of email support for issues directly related to the initial installation and configuration.

Customer Responsibilities

The Customer acknowledges and agrees to the following:

1. Data Backups — The Customer is solely responsible for creating and maintaining backups of all data before the Service begins.
2. Access — The Customer must provide timely and necessary access to hardware, networks, and credentials required to perform the Service.
3. Legal Compliance — The Customer is solely responsible for ensuring that their use of the OpenClaw software complies with all applicable laws and regulations, including GDPR.
4. Credential Security — The Customer is responsible for changing any passwords or credentials shared with the Service Provider immediately upon completion.
5. AI Supervision — The Customer is solely responsible for supervising, reviewing, and approving all actions and outputs generated by the OpenClaw AI agent. The Customer must implement appropriate human oversight before allowing the AI to interact with third parties or make consequential decisions.
6. Post-Handoff Configuration — Any changes to the OpenClaw configuration, skills, permissions, or integrations made by the Customer after the Service is completed are the Customer's sole responsibility.

AI Autonomous Agent Actions

The Customer acknowledges and agrees to the following regarding the autonomous nature of the OpenClaw AI agent:

1. Autonomous Capability — OpenClaw is an autonomous AI agent capable of performing actions without explicit per-action approval from the Customer, including but not limited to: sending and receiving communications (emails, messages), creating, modifying, and deleting files and data, interacting with third-party services and APIs, scheduling events and managing calendars, and executing code or scripts.
2. Sole Responsibility for AI Actions — The Customer is solely and entirely responsible for all actions taken by their OpenClaw instance, regardless of whether the Customer explicitly instructed, anticipated, approved, or was aware of such actions at the time they occurred.
3. No Control After Handoff — Once the Service is completed and access is handed off, the Service Provider has no access to, control over, or visibility into the Customer's OpenClaw instance or the actions it takes. The Service Provider cannot monitor, modify, restrict, or reverse any action taken by the Customer's AI agent.
4. Human Oversight Obligation — The Customer is responsible for implementing and maintaining adequate human oversight of their OpenClaw instance, including but not limited to: reviewing AI-generated communications before they are sent to third parties, verifying AI-generated content and decisions before acting on them, configuring appropriate permissions and restrictions within the OpenClaw software, and maintaining the ability to promptly intervene in or halt AI operations.

AI Output and Content Disclaimer

1. No Warranty on AI Outputs — The Service Provider makes no warranty or representation regarding the accuracy, completeness, legality, reliability, or appropriateness of any content, communication, decision, or action generated or performed by the OpenClaw AI agent. AI-generated outputs may be inaccurate, incomplete, misleading, biased, or inappropriate.
2. Verification Obligation — The Customer must independently verify all AI-generated content, outputs, and decisions before relying on them, disseminating them to third parties, or using them as the basis for business, legal, financial, or other consequential decisions.
3. No Professional Advice — AI-generated outputs do not constitute professional, legal, medical, financial, or any other form of expert advice. The Customer must not treat AI outputs as a substitute for qualified professional judgment.

Third-Party Software Disclaimer

OpenClaw is free, open-source software developed and maintained by a third-party community. The Service Provider is an independent installation service and is not the developer, owner, or maintainer of the OpenClaw software.

Third-Party Service Interactions

1. Customer's Responsibility — Where the Customer configures or permits OpenClaw to interact with third-party services (including but not limited to email providers, calendar services, messaging platforms, cloud storage, and other APIs), the Customer is solely responsible for ensuring that such interactions comply with the terms of service, acceptable use policies, and privacy policies of those third-party services.
2. No Liability for Third-Party Consequences — The Service Provider is not liable for any consequences arising from the AI agent's interactions with third-party services, including but not limited to: account suspension or termination, data exposure or loss, rate limiting or access revocation, fees or charges incurred, or violations of third-party terms of service.
3. Data Transmitted to Third Parties — Any data that the AI agent sends to, retrieves from, or processes via third-party services is transmitted under the Customer's authority and is the Customer's sole responsibility.

Data Protection Responsibilities

1. Customer as Data Controller — Where the Customer's use of OpenClaw involves the processing of personal data as defined in Regulation (EU) 2016/679 (GDPR), the Customer is the sole data controller for such processing. After the Service is completed, the Service Provider does not process, access, or store any personal data handled by the Customer's OpenClaw instance.
2. No Data Processor Relationship — The Service Provider is not a data processor for any personal data processed by the Customer's OpenClaw instance after completion of the Service. No data processing agreement pursuant to Article 28 GDPR is required or implied for the Customer's ongoing use of OpenClaw.
3. GDPR and ZVOP-2 Compliance — The Customer is solely responsible for ensuring that their use of OpenClaw complies with the GDPR and the Slovenian Personal Data Protection Act (ZVOP-2, Uradni list RS, No. 163/22), including but not limited to: establishing a lawful basis for processing, fulfilling data subject rights obligations, conducting Data Protection Impact Assessments (Article 35 GDPR) where required, ensuring compliance with the provisions on automated individual decision-making (Article 22 GDPR) where applicable, and implementing appropriate technical and organizational measures.
4. Personal Data of Third Parties — Where OpenClaw processes personal data of the Customer's clients, employees, contacts, or other third parties, the Customer is solely responsible for ensuring the lawfulness of such processing and for responding to any data subject requests or complaints.

EU AI Act Compliance

1. Customer as Deployer — Under Regulation (EU) 2024/1689 (the EU Artificial Intelligence Act), the Customer qualifies as the deployer of the AI system. The Service Provider is an independent installation service and does not qualify as the provider, distributor, or deployer of the OpenClaw AI system.
2. Deployer Obligations — The Customer is solely responsible for fulfilling all obligations applicable to deployers under the EU AI Act, including but not limited to: transparency obligations (Article 50), ensuring adequate human oversight, maintaining records and documentation as required, and compliance with any additional requirements that may apply based on the Customer's specific use of the AI system.
3. Risk Classification — The Customer acknowledges that their specific use of OpenClaw may result in the AI system being classified as high-risk under Article 6 and Annex III of the EU AI Act (for example, if used for employment-related decisions, creditworthiness assessments, or other listed use cases). The Customer is solely responsible for determining the applicable risk classification and complying with the corresponding obligations.

Disclaimer of Warranties

Except as explicitly stated in these Terms, the Services are provided "as is" and "as available". The Service Provider expressly disclaims all other warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

This clause is governed by the Slovenian Obligations Code.

1. Exclusion for Slight Negligence — To the maximum extent permitted by law, the Service Provider's liability for damages arising from slight negligence is expressly excluded.
2. No Exclusion for Gross Negligence — This limitation does not apply to damages caused by the Service Provider's gross negligence or willful misconduct.
3. Liability Cap — The Service Provider's total aggregate liability shall not exceed the total amount paid by the Customer for the specific Service.
4. Exclusion of Indirect Damages — The Service Provider shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, business opportunities, or goodwill.

Indemnification

The Customer agrees to indemnify, defend, and hold harmless the Service Provider from any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) that arise from:

1. The Customer's use or operation of the OpenClaw software after the Service is completed.
2. Any action taken by the Customer's OpenClaw AI agent, whether or not such action was explicitly instructed, anticipated, or approved by the Customer.
3. AI-generated communications, content, or decisions sent to or affecting third parties.
4. The processing of personal data by the Customer's OpenClaw instance, including claims from data subjects or regulatory enforcement actions under the GDPR, ZVOP-2, or other applicable data protection laws.
5. Regulatory enforcement actions or penalties under the EU AI Act (Regulation (EU) 2024/1689) related to the Customer's deployment or use of the AI system.
6. Intellectual property claims related to AI-generated content produced by the Customer's OpenClaw instance.
7. The Customer's violation of any provision of these Terms.
8. The Customer's violation of any applicable law or regulation.
9. Any claim brought by a third party related to the Customer's use of the OpenClaw installation, including claims arising from the AI agent's interactions with third-party services.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect. The invalid provision shall be replaced by a valid and enforceable provision that most closely reflects the original commercial intent.

Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between the Customer and the Service Provider with respect to the Services and supersede all prior or contemporaneous understandings, agreements, or communications, whether written or oral.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Slovenia. Any dispute arising from this Agreement shall be resolved by the competent court in Ljubljana, Slovenia.

Contact

For questions about these Terms, contact us at [email protected] or DM @kristjankrizman on LinkedIn.