Captain's Log
Terms and Conditions
(work in progress)

Effective Date: November 8, 2025

Welcome to Captain's Log, a desktop application developed and provided by Defai GmbH ("Defai," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of the Captain's Log application ("the App"). By purchasing a license key and installing or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

1. License

1.1 License Grant: Upon purchase, Defai grants you a non-exclusive, non-transferable, revocable license to install and use the App on your personal desktop device. This license is for your personal use as a single user. You may not distribute, sublicense, rent, lease, or otherwise transfer the App or your license key to any third party.

1.2 Restrictions: You agree not to:

• Use the App for any illegal or unauthorized purpose.

• Copy, modify, or create derivative works of the App.

• Reverse engineer, decompile, or disassemble the App.

• Use any automated means (such as bots or scripts) to interact with the App.

• Use the App to generate content that is unlawful, harmful, threatening, abusive, defamatory, or obscene.

2. Intellectual Property

2.1 App Ownership: The App, including all its content, features, and functionality, is and will remain the exclusive property of Defai GmbH and its licensors. The App is protected by copyright, trademark, and other laws of both Switzerland and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Defai.

2.2 User Content Ownership: All personal data and content you create and input into the App, including your journal entries, CV, and venture description, are your property. Because all user data is stored exclusively on your local device, Defai does not claim any ownership rights over your content.

3. Data and Privacy

3.1 Data Storage: A core principle of the App is that all your personal data and content are stored exclusively on your local device. Defai does not store or retain any of your personal data or journal entries on its servers.

3.2 Data Processing and Transmission: When using features that require external services, such as AI generation, your data is temporarily transmitted for processing from your device, through our service, and then to Google Vertex AI. This data is used only for the purpose of generating the requested insights and is not retained by us or by Google after the processing is complete. All data transmissions are encrypted using HTTPS.

3.3 Privacy Policy: Our Privacy Policy explains in detail how we handle the data that is processed by the App. By using the App, you consent to the data practices described in our Privacy Policy.

4. Third-Party Services

The App uses third-party services, including Google Vertex AI and Google Analytics, to provide its core functionality. Your use of these third-party services is subject to their own terms and conditions. We are not responsible for the privacy practices or content of these third-party services.

5. Disclaimer of Warranty

The App is provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Defai does not warrant that the content, insights, or suggestions provided by the App are accurate, complete, or suitable for any specific business decision or purpose. Defai does not warrant that the App will be uninterrupted, secure, or error-free. Your use of the App is at your sole risk.

6. Nature of App Content and Advice

In no event shall Defai GmbH, nor its directors, employees, partners, agents, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

6.1 Informational Purpose Only: The App is a personal journaling and self-reflection tool. Any content, insights, blind spots, possibilities for action, or suggestions generated by the App, including those generated by AI features, are provided for informational, journaling, and entertainment purposes only. They are not intended to constitute, and should not be relied upon as, professional advice (including but not limited to financial, business, legal, investment, or technical advice).

6.2 User Responsibility: Your use of the App and any business decisions, actions, or inactions taken in reliance on the App's content are undertaken at your sole discretion and risk. You bear full responsibility for your business outcomes.

6.3 No Fiduciary Relationship: Defai GmbH is not a fiduciary and assumes no responsibility or liability for any results or losses arising from or related to any actions taken or not taken based on the content or advice provided by the App.

7. Limitation of Liability

In no event shall Defai GmbH, nor its directors, employees, partners, agents, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, , or any losses arising from or relating to your business decisions or actions taken in reliance on the App's content or advice, resulting from:

• your access to or use of, or inability to access or use, the App;

• any conduct or content of any third party on the App;

• any content obtained from the App; and

• unauthorized access, use, or alteration of your transmissions or content.

This limitation of liability applies even if Defai has been advised of the possibility of such damage.

8. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our App after those revisions become effective, you agree to be bound by the revised terms.

9. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Zurich, Switzerland.

10. Contact Us

If you have any questions about these Terms, please contact us at:

Defai GmbH
Auf der Mauer 23
Thalwil, ZH 8800
Switzerland

Email:  info @ defai .ai