Terms of Service

Acceptance of terms

By downloading, installing, or using gist. (the "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and gist. ("we", "us", "our"). They apply to your use of the gist. macOS application and the website at gistapp.net (collectively, the "Service").

You must be at least 13 years old (or 16 in the EU/EEA) to use gist. By using the Service, you represent that you meet this requirement. If you are using gist. on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms.

What gist. does

gist. is a macOS productivity application. When you press the capture shortcut (⌘⇧Space by default) and select a region of your screen, gist. sends that screen content to an AI pipeline and returns a short contextual analysis along with 3 suggested actions you can take.

The AI analysis is performed by third-party large language model providers (currently Mistral, Anthropic Claude Haiku, OpenAI, and Google Gemini) depending on availability. The specific provider used for any given request may vary.

We reserve the right to change, update, or discontinue any feature of the Service at any time, with or without notice.

Your account

To use gist., you must sign in with Apple ID. By signing in, you authorize us to create an account on your behalf using the name and email address provided by Apple.

Account responsibilities

• You are responsible for maintaining the security of your Apple ID and the device on which gist. is installed.
• You are responsible for all activity that occurs under your account.
• You must notify us immediately at hello@gistapp.net if you suspect unauthorized use of your account.
• You may only have one account per Apple ID. Creating multiple accounts to circumvent free tier limits is prohibited.

Account termination by you

You may delete your account at any time through Settings → Account → Delete account in the app. Deletion permanently removes your account data within 30 days. Deleting your account does not automatically cancel an active App Store subscription, you must cancel that separately through Apple's subscription management.

Subscription & billing

gist. offers two tiers of access:

Billing

All payments are processed by Apple through the App Store. We do not handle or store your payment information. All billing is governed by Apple's App Store Terms and Conditions and Apple's refund policies.

Auto-renewal

Paid subscriptions automatically renew at the end of each billing period (monthly or annually) unless cancelled at least 24 hours before the renewal date. Your Apple ID will be charged within 24 hours prior to renewal. To cancel, visit your Apple ID subscription settings.

Refunds

Refund requests are handled by Apple in accordance with their refund policy. We do not process refunds directly. If you believe you are entitled to a refund, please use Apple's Report a Problem process.

Price changes

We reserve the right to change subscription pricing at any time. If we increase the price of your current plan, we will provide at least 30 days' notice via in-app notification or email. Your continued use of the paid plan after the effective date constitutes acceptance of the new price.

Fair use limits

All plans, including the Unlimited plan, are subject to fair use limits to prevent abuse and protect service quality for all users. gist. reserves the right to apply daily usage limits, currently set at 500,000 tokens per day, to any account. These limits are designed to be invisible to normal usage and are intended solely to prevent automated abuse, scripted mass usage, or other activity inconsistent with personal, human use of the app.

Acceptable use

gist. is designed for individual, personal productivity use. You agree to use the Service only for lawful purposes and in a manner consistent with these Terms.

You may not use gist. to:

• Automate or script capture requests in bulk, or use gist. through any means other than the official macOS application.
• Attempt to circumvent rate limits, usage caps, or authentication mechanisms.
• Create multiple accounts to gain additional free captures or otherwise abuse the free tier.
• Capture, process, or transmit content that is illegal under applicable law, including material that infringes on third-party intellectual property rights.
• Capture content containing personal data of others without their consent in jurisdictions where doing so would violate applicable privacy laws.
• Attempt to probe, scan, or test vulnerabilities in the Service or its infrastructure.
• Interfere with or disrupt the integrity or performance of the Service.
• Reverse engineer, decompile, or disassemble any part of the Service.
• Resell, sublicense, or offer the Service as part of another commercial product without our express written consent.

Responsibility for captured content

You are solely responsible for the content you choose to capture and submit for analysis. You represent that you have the right to capture and transmit any content you submit to gist., and that doing so does not violate any applicable law or the rights of any third party.

Your content

"Your content" means any information you submit to the Service, including screen captures, any text typed in the app, and your account information.

Ownership

You retain full ownership of your content. These Terms do not grant us any ownership rights to your content.

License to operate the service

By using gist., you grant us a limited, non-exclusive, royalty-free license to process your screen captures solely for the purpose of providing the AI analysis you requested. This license is transient, it exists only for the duration of a single capture request and terminates when the request completes. We do not store, use, or retain your screen content for any other purpose.

AI-generated responses

The responses generated by gist. are produced by third-party AI models. We do not claim ownership of AI-generated text. You are free to use, copy, and share gist. responses without restriction.

Intellectual property

The gist. application, including its design, code, logo, HUD interface, brand assets, and all associated materials, is owned by gist. and protected by copyright, trademark, and other intellectual property laws.

We grant you a personal, non-transferable, non-exclusive, revocable license to use the gist. application on your macOS device solely for your personal use, subject to these Terms. This license does not include the right to copy, modify, distribute, sell, or lease any part of the Service.

"gist." and the associated logo are trademarks of gist. You may not use them without our prior written consent.

Service availability

We aim for high availability but do not guarantee that the Service will be uninterrupted, error-free, or always available. The Service depends on third-party AI providers, cloud infrastructure, and network connectivity, all of which may experience outages.

gist. is built with a multi-provider failsafe architecture (Mistral → Haiku → OpenAI → Gemini) to maximize uptime, but all providers may occasionally be unavailable simultaneously.

We reserve the right to perform maintenance, updates, or modifications to the Service at any time, with or without notice. Scheduled maintenance that significantly impacts availability will be communicated in advance where practical.

Disclaimers

The Service is provided "as is" and "as available" without 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.

AI responses are not professional advice

Responses generated by gist. are produced by AI language models and are informational in nature. They are not and should not be relied upon as:

• Legal advice. If gist. analyzes a contract, employment agreement, or legal document, the response is a general summary, not legal counsel. Consult a qualified lawyer for legal matters.
• Financial advice. If gist. analyzes a chart, portfolio, or financial document, the response is informational, not investment advice. Consult a qualified financial advisor for financial decisions.
• Medical advice. If gist. analyzes any health-related content, the response is not a diagnosis or medical recommendation. Consult a qualified healthcare professional.

AI responses may be inaccurate, incomplete, or outdated. Always verify important information independently before acting on it.

Accuracy

We do not warrant that AI-generated responses will be accurate, complete, reliable, or suitable for any particular purpose. The quality and correctness of responses depends on the AI models used, which are operated by third parties and may change over time.

Limitation of liability

To the maximum extent permitted by applicable law, gist. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, business interruption, or any other damages arising from your use of or inability to use the Service.

In no event shall our total liability to you for all claims arising from or relating to the Service exceed the amount you paid to us in the twelve months preceding the claim, or $10 USD, whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

Termination

Termination by you

You may stop using gist. at any time by deleting the application and your account. Instructions for account deletion are in the app under Settings → Account → Delete account.

Termination by us

We reserve the right to suspend or terminate your account at any time, with or without notice, if we reasonably believe you have:

• Violated these Terms or our Acceptable Use Policy.
• Used the Service in a way that causes harm to us, other users, or third parties.
• Created multiple accounts to circumvent free tier limits.
• Engaged in automated or scripted use inconsistent with normal human usage.

If we terminate your account for reasons other than a Terms violation, we will provide a pro-rata refund for any prepaid subscription period remaining.

Effect of termination

Upon termination, your right to use the Service immediately ceases. Your account data will be deleted in accordance with our Privacy Policy. Sections of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and governing law) shall survive.

Governing law & disputes

These Terms are governed by and construed in accordance with applicable law. We will always attempt to resolve disputes amicably before pursuing formal legal remedies.

Informal resolution

Before filing any formal claim, you agree to contact us at hello@gistapp.net and give us 30 days to attempt to resolve the dispute informally. We will make a genuine effort to address your concern.

EU/EEA users

If you are located in the European Union or European Economic Area, you may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

Turkish users (Türkiye)

Türkiye'deki kullanıcılar için, bu Hizmet Şartları'ndan doğan uyuşmazlıklar, Türk Tüketici Koruma Kanunu kapsamındaki haklarınızı etkilememektedir. Tüketici şikayetlerinizi yerel Tüketici Hakem Heyeti'ne iletebilirsiniz.

Changes to these terms

We may update these Terms from time to time to reflect changes in the Service, applicable law, or our business practices. When we make changes:

• We will update the "Last updated" date at the top of this page.
• For material changes, we will notify you via in-app notification or email at least 14 days before the new terms take effect.
• For minor, non-material changes (such as clarifications or corrections), we may update the page without individual notice.

Your continued use of gist. after the effective date of updated Terms constitutes your acceptance of the new Terms. If you do not agree to the updated Terms, you must stop using the Service before they take effect and may delete your account.

Contact

If you have questions about these Terms, want to report a violation, or need to resolve a dispute, please reach out:

For privacy-related requests, use privacy@gistapp.net. For security vulnerability reports, use security@gistapp.net.