Terms of Service

Terms of Service for DeskFerry

Last Updated: July 10, 2026

Welcome to Geistwerk AI Labs Pvt Ltd (doing business as DeskFerry) ("Company", "we", "our", "us"). Please read these pages carefully before using our Service.

These Terms of Service ("Terms", "Terms of Service") govern your use of our web pages located at https://deskferry.com and the DeskFerry platform (together, the "Service") operated by Geistwerk AI Labs Pvt Ltd (doing business as DeskFerry).

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here: https://deskferry.com/privacy.

Your agreement with us includes these Terms, our Privacy Policy, and the policies incorporated into these Terms by reference — our Acceptable Use Policy (https://deskferry.com/acceptable-use) and our Data Security Policy (https://deskferry.com/data-security) (together, the "Agreements"). You acknowledge that you have read and understood the Agreements, and agree to be bound by them.

If you do not agree with (or cannot comply with) the Agreements, then you may not use the Service, but please let us know by emailing [email protected] so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use the Service.

In these Terms, capitalized words have the meanings given where they are first introduced or in the DEFINITIONS section at the end of this document.

1. THE SERVICE

1.1 The Platform

DeskFerry is an agentic AI platform that enables businesses and professionals to build, configure, and deploy AI agents that automate workflows, process data, and integrate with third-party applications. The specific features available to you depend on the Subscription plan you select.

1.2 Accounts

When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion, subject to clause 2.6 (Refunds and Cancellations) and Section 8 (Term and Termination).

1.3 Eligibility

The Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using the Service, you warrant and represent that you are at least eighteen (18) years of age and have the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of these Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Service.

1.4 Communications

By creating an account on our Service, you agree to receive service-related and transactional communications from us, such as billing notices, renewal reminders, security alerts, and administrative messages; these are necessary to provide the Service. We will send you newsletters, marketing, or promotional materials only where permitted by applicable law or with your consent, and you may opt out of marketing communications at any time by following the unsubscribe link in any such message or by emailing [email protected].

1.5 Changes to the Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable (except as provided in clause 2.6, including where a withdrawal of the Service amounts to termination of your Subscription by us without cause) if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

2. SUBSCRIPTIONS, FEES AND PAYMENT

2.1 Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your payment card number, its expiration date, and your billing address.

You represent and warrant that: (i) you have the legal right to use any payment card(s) or other payment method(s) in connection with any Purchase; and (ii) the information you supply to us is true, correct and complete.

We use third-party payment processors to facilitate payment and the completion of Purchases; we do not store your full card details. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

All fees are stated in United States dollars and are exclusive of applicable taxes unless otherwise indicated. You are responsible for any applicable taxes on your Purchase (such as GST, VAT, or sales tax), which will be added to your bill where we are required to collect them by law.

2.2 Subscriptions and Renewals

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing Cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting our support team at [email protected]. If you cancel, your Subscription remains active until the end of the then-current Billing Cycle, and you will not be charged again.

A valid payment method is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information, including full name, address, and valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, we may issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice, and we may suspend the Service until payment is received.

Before each annual renewal, and before any renewal that follows a price change, we will send a renewal reminder email to the address associated with your account.

2.3 Free Trial

We may, at our sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You are not required to enter your billing information to sign up for the Free Trial, and no payment method will be charged during or at the end of the Free Trial. The Free Trial does not automatically convert into a paid Subscription. At the end of the Free Trial period, your access will move to a limited or locked state unless you choose to purchase a paid Subscription, at which point billing begins in accordance with clause 2.2.

Your Free Trial may include a limited allocation of Credits and Actions (see clause 2.4) so you can evaluate the Service. Free Trials are limited to one per person or entity. At any time and without notice, we reserve the right to (i) modify the terms of the Free Trial offer, or (ii) cancel the Free Trial offer.

2.4 Credits and Actions

Certain features of the Service are metered in units of work ("Actions") and prepaid credits corresponding to third-party AI model usage ("Credits"), as described on our pricing page (https://deskferry.com/pricing). Credits and Actions may be included with your Subscription plan or purchased separately.

Credits and Actions are not legal tender, currency, or stored value, and have no cash value. They cannot be redeemed for cash, transferred, sold, or assigned. Credits remain valid while you maintain an active paid Subscription and, except as provided in clause 2.6, expire upon cancellation or termination of your Subscription or account. Credits and Actions included with a Free Trial are valid only for the duration of the Free Trial and expire when it ends. Credits and Actions consumed by your account — including by agents or workflows you configure (see clause 4.2) — are non-refundable, as they correspond to third-party model usage and work already performed on your behalf.

2.5 Fee Changes

We, in our sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

We will provide you with at least fifteen (15) days' prior notice of any change in Subscription fees (consistent with clause 11.2) to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after a Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

2.6 Refunds and Cancellations

No refunds. Except when required by law or as expressly set out in this clause, paid Subscription fees are non-refundable. This includes, without limitation, partially used Billing Cycles following cancellation, renewal charges, unused Credits or Actions, downgrades to a lower plan, and dissatisfaction with the Service. Because no payment method is required for the Free Trial (clause 2.3), you can fully evaluate the Service before paying.

Consumed Credits and Actions are non-refundable. Credits and Actions that have been consumed have no cash value and are non-refundable in all cases, as they correspond to work already performed and third-party model usage already paid for on your behalf. Unused Credits and Actions expire on cancellation, suspension, or termination of your Subscription and are likewise non-refundable, except as provided below where we terminate your Subscription without cause.

Termination by us without cause. If we terminate your Subscription without cause (and not for a breach of these Terms), we will issue a pro-rata refund of the unused portion of your Subscription fee, together with a refund of the unused value of any Credits you purchased separately. Credits included with a Subscription plan at no additional charge will expire without refund.

How to cancel. You may cancel your Subscription at any time through your account settings or by emailing [email protected]. Cancellation takes effect at the end of your then-current Billing Cycle, and you will retain access until that date. To avoid an unwanted renewal charge, cancel before your renewal date.

Statutory rights. Nothing in this clause limits any non-waivable statutory consumer rights you may have under applicable law, including, for consumers in the EU, EEA, and UK, any applicable right of withdrawal; where such a right applies, contact [email protected]. Please note that statutory rights of withdrawal for digital content and services generally cease once you begin using the Service or consuming Credits or Actions, where you have consented to the immediate provision of the Service.

Refund processing. Any refund we issue under this clause is processed via our payment processor to the original payment method, normally within fourteen (14) days.

2.7 Upgrades and Downgrades

You may upgrade or downgrade your Subscription plan at any time through your account settings.

Upgrades. When you upgrade, we will take reasonable steps to promptly provide you with access to the new plan, and the new Subscription fee applies from the next Billing Cycle, unless otherwise displayed at the time of upgrade.

Downgrades. When you downgrade, the new plan and Subscription fee take effect at the start of the next Billing Cycle. We do not pro-rate or refund any portion of the fees for the remainder of the then-current Billing Cycle (consistent with clause 2.6).

Loss of features. Downgrading may result in the loss of features, capacity, usage limits, or access to Content associated with your previous plan, and you release us from all liability for any such loss. Credits you purchased separately remain valid following a plan change while your Subscription remains active.

3.1 Your Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, data, prompts, or other material ("Content"). You are responsible for Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You grant us a worldwide, royalty-free, non-exclusive license to use, store, and process your Content solely to the extent required to provide and operate the Service and to comply with applicable law. We do not use your Content, prompts, inputs, or outputs to train, fine-tune, or improve any artificial intelligence or machine learning models, whether our own or third parties'. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service.

We have the right but not the obligation to monitor and edit all Content provided by users.

In addition, content found on or through this Service that is not user Content is the property of the Company or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

3.2 Data Protection and Confidentiality

We treat your non-public Content as confidential. We will not disclose it to third parties except as necessary to provide the Service, as described in our Privacy Policy, or as required by law. Our security practices are described in our Data Security Policy (https://deskferry.com/data-security), which is incorporated into these Terms by reference. We will notify you of any security breach affecting your Content as required by applicable law.

Each party agrees to protect any confidential information it receives from the other with at least the degree of care it uses to protect its own confidential information (and no less than reasonable care), and to use such information only as necessary to perform under these Terms.

Backups and data loss. In the event that Content is lost due to a system failure, we cannot guarantee that any backup will be available or, if available, that it will be free from errors or defects. You are responsible for maintaining your own copies of any Content that is important to you, and for exporting your data before your Subscription ends (see Section 8). Subject to clause 7.2, we will not be liable for any loss or corruption of Content.

3.3 Analytics

We may use third-party service providers to monitor and analyze the use of our Service, such as Google Analytics, a web analytics service offered by Google that tracks and reports website traffic. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy. Any third-party analytics providers we use are described in our Privacy Policy.

4. ACCEPTABLE USE

4.1 Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms, including our Acceptable Use Policy (https://deskferry.com/acceptable-use), which is incorporated into these Terms by reference. You agree not to use the Service:

(a) In any way that violates any applicable national or international law or regulation.

(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

(c) To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation, in violation of applicable law (including CAN-SPAM, CASL, and similar anti-spam laws).

(d) To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.

(e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

(f) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm or offend the Company or users of the Service or expose them to liability.

Additionally, you agree not to:

(g) Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service.

(h) Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service, other than through the interfaces and APIs we provide and document.

(i) Reverse engineer, decompile, disassemble, or attempt to extract the source code of the Service, or use the Service to develop a competing product or service.

(j) Use any device, software, or routine that interferes with the proper working of the Service, or introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

(k) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service, or attack the Service via a denial-of-service attack or a distributed denial-of-service attack.

(l) Circumvent usage limits, rate limits, authentication mechanisms, or security features of the Service or of any third-party platform accessed through the Service.

(m) Otherwise attempt to interfere with the proper working of the Service.

4.2 AI Features and Autonomous Agents

The Service enables you to build, configure, and deploy AI agents that perform actions on your behalf, including autonomously and without your real-time review.

Probabilistic outputs. The Service relies on probabilistic AI models. Outputs may contain inaccuracies, biases, or incomplete data. You own the outputs generated from your inputs, and you are solely responsible for reviewing and verifying outputs before relying on them, particularly in any legal, financial, medical, or other high-stakes context. Outputs are provided "as is" without warranties of accuracy, originality, or fitness for any particular purpose.

Your agents, your actions. Agents act based on the instructions, prompts, triggers, permissions, and connected accounts that you configure. Each action an agent performs through the Service — including sending communications, creating, modifying, or deleting data, executing workflows, and initiating transactions — is deemed taken by you, as though you had performed it manually. You are responsible for supervising your agents, for using any human-approval or oversight controls we offer for consequential or irreversible actions, and for all Credits and Actions your agents consume, including through repeated, looping, or otherwise unintended executions resulting from your configuration.

Compliance. You represent and warrant that you have all rights, consents, and lawful bases necessary for every action your agents perform, and that such actions comply with all applicable laws and with the terms of service of any connected third-party platform. Where the Service connects to third-party platforms on your behalf, access is granted through OAuth authorization flows or scoped API credentials that you control and may revoke at any time; we will never ask you for your passwords to third-party services.

AI-specific prohibited uses. Without limiting clause 4.1, you must not use the Service or its AI features to: generate content that promotes violence, terrorism, or self-harm, or that sexualizes minors; create deceptive deepfakes or impersonate real individuals without consent; conduct phishing, fraud, market manipulation, or fake-review schemes; make fully automated decisions with legal or similarly significant effects on individuals (such as employment, credit, insurance, or housing decisions) without meaningful human review; provide regulated professional advice without appropriate licensure and oversight; conduct unlawful surveillance or biometric identification; interfere with elections or generate political disinformation at scale; unlawfully discriminate against individuals based on protected characteristics; or use the Service to train competing AI models.

Suspension of agents. We may, with or without notice, suspend, throttle, or disable any agent, workflow, or action that we reasonably believe is malfunctioning, consuming excessive resources, violating these Terms, or threatening the security or integrity of the Service, our other users, or any connected third-party service. We are not responsible or liable for any action taken by your agents, including any erroneous, unintended, unauthorized, delayed, or omitted action.

5. THIRD-PARTY SERVICES

Our Service may contain links to third-party web sites or services that are not owned or controlled by us, and may integrate with third-party platforms (e.g., Google, Slack, OpenAI, Anthropic). You agree to comply with the applicable terms and policies of any third-party platform you connect to the Service.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites, and we are not responsible for the performance, availability, or pricing of any third-party platform, or for the suspension or restriction of your accounts on any third-party platform.

YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT OR CONNECT TO THE SERVICE.

6. INTELLECTUAL PROPERTY

6.1 Our Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. Feedback you provide about the Service is governed by clause 6.4.

6.2 Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that a copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line "Copyright Infringement", and include in your claim a detailed description of the alleged Infringement as detailed in clause 6.3.

If you knowingly misrepresent that Content on the Service infringes your copyright, or submit a bad-faith claim of Infringement, you may be held liable for damages (including costs and attorneys' fees) under applicable law.

6.3 DMCA Notices, Counter-Notification and Repeat Infringers

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

(b) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

(c) identification of the URL or other specific location on the Service where the material that you claim is infringing is located;

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent (Geistwerk AI Labs Pvt Ltd, Attn: Copyright Agent) via email at [email protected].

Counter-Notification. If you believe your Content was removed or disabled as a result of mistake or misidentification, you may submit a written counter-notification to our Copyright Agent containing: (a) your physical or electronic signature; (b) identification of the material that was removed or disabled and the location where it appeared before removal; (c) a statement under penalty of perjury that you have a good faith belief the material was removed or disabled as a result of mistake or misidentification; (d) your name, address, and telephone number; and (e) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if your address is outside the United States, the courts at Pune, Maharashtra, India, or any judicial district in which the Company may be found) and that you will accept service of process from the person who filed the original notice or their agent. Upon receipt of a valid counter-notification, we will forward it to the original complaining party and may restore the removed material within ten (10) to fourteen (14) business days, unless the complaining party notifies us that they have filed a court action seeking to restrain the alleged infringement.

Repeat Infringers. We will terminate, in appropriate circumstances, the accounts of users who are repeat copyright infringers. A user may be considered a repeat infringer if they have been the subject of more than two (2) valid takedown notices.

6.4 Feedback

You may provide us directly at [email protected] with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ("Feedback"). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) the Company may have development ideas similar to the Feedback; (iii) the Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) the Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of ownership of the Feedback is not possible due to applicable mandatory laws, you grant the Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) the Feedback in any manner and for any purpose.

7. DISCLAIMERS, LIABILITY AND INDEMNIFICATION

7.1 Disclaimer of Warranty

THE SERVICE IS PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE (INCLUDING ANY AI-GENERATED OUTPUTS OR AGENT ACTIONS) WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

7.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, HOWEVER ARISING AND UNDER ANY THEORY OF LIABILITY (CONTRACT, NEGLIGENCE, OR OTHER TORT), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

THE EXCLUSION AND CAP ABOVE DO NOT APPLY TO: (i) OUR BREACH OF CLAUSE 3.2 (DATA PROTECTION AND CONFIDENTIALITY); (ii) YOUR PAYMENT OBLIGATIONS OR YOUR INDEMNIFICATION OBLIGATIONS UNDER CLAUSE 7.3; OR (iii) ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

SUBJECT TO THE CARVE-OUTS ABOVE, WE ARE NOT LIABLE FOR ANY ACTION TAKEN BY AI AGENTS YOU CONFIGURE OR DEPLOY THROUGH THE SERVICE, AS DESCRIBED IN CLAUSE 4.2.

7.3 Indemnification

You agree to defend, indemnify and hold harmless the Company and its officers, directors, employees, agents and licensors from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees) brought by a third party and arising out of or in connection with: (i) Content you post on or through the Service; (ii) your breach of these Terms; (iii) your violation of any law or the rights of a third party; or (iv) any action taken by AI agents you build, configure, deploy, or operate through the Service (as described in clause 4.2), including communications sent to third parties and data or systems your agents access or modify.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense. You may not settle any such claim without our prior written consent.

8. TERM AND TERMINATION

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability (except as provided in clause 2.6 for termination by us without cause), under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

If you wish to terminate your account, cancel through your account settings or by emailing [email protected]. Please note that simply discontinuing use of the Service does not cancel a paid Subscription — until you cancel in accordance with clause 2.2, your Subscription will continue to renew and be charged. Following termination or cancellation, you will have thirty (30) days to export your data (using any export tools we make available, or by contacting [email protected] for assistance), after which it may be deleted or anonymized. Except as provided in clause 2.6, unused Credits and Actions expire on termination or cancellation and are non-refundable.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9. DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

Informal resolution first. Before initiating any arbitration or court proceeding, you and the Company agree to first attempt to resolve any dispute informally for at least thirty (30) days, beginning when one party sends a written description of the dispute and the relief sought to the other (to us: [email protected]; to you: the email address associated with your account).

Binding individual arbitration. Any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be resolved exclusively through final and binding individual arbitration under the (Indian) Arbitration and Conciliation Act, 1996, before a sole neutral arbitrator appointed by mutual agreement of the parties or, failing agreement within thirty (30) days, in accordance with that Act. The seat and venue of the arbitration will be Pune, Maharashtra, India, and the language of the arbitration will be English. The arbitrator has exclusive authority to resolve all disputes, including whether a claim is arbitrable, and may award any relief available in court, but only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim. The award will be final and binding and may be enforced in any court of competent jurisdiction. The arbitration may be conducted by telephone, video conference, or written submissions. If you are an individual consumer, we will bear the arbitrator's fees and administrative costs of any arbitration you initiate, unless the arbitrator finds your claim frivolous.

Class action and jury trial waiver. YOU AND THE COMPANY EACH AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, AND EACH WAIVES ANY RIGHT TO A TRIAL BY JURY. The arbitrator may not consolidate claims of more than one person. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) must be severed and brought in court.

Exceptions. Either party may (a) bring an individual claim in a small claims court or equivalent local forum if it qualifies, or (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights. This Section does not apply to claims for which arbitration is prohibited by applicable law.

Your right to opt out. You may opt out of this arbitration agreement and class action waiver by emailing [email protected] with the subject line "Arbitration Opt-Out" within thirty (30) days of first accepting these Terms, including your name, the email address associated with your account, and a clear statement that you wish to opt out. Opting out does not affect any other part of these Terms.

International consumers. If you are a consumer in the European Union, European Economic Area, or United Kingdom, nothing in this Section affects your non-waivable statutory rights, including your right to bring proceedings in the courts of your country of residence.

This Section survives termination of these Terms and your use of the Service.

10. EXPORT CONTROLS AND SANCTIONS

You may not access or use the Service if you are located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions, or if you are identified on any applicable restricted-party list of the U.S. government (including the Specially Designated Nationals and Blocked Persons List) or of any other relevant authority, or are owned or controlled by, or acting on behalf of, any such person.

You agree to comply with all applicable export control and sanctions laws and regulations, and not to use, export, re-export, or transfer the Service or any related technology or outputs for any purpose prohibited by such laws, including the development, production, or use of weapons. We may restrict access to the Service from any jurisdiction where providing it would violate applicable law.

11. GENERAL

11.1 Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions.

Subject to Section 9 (Dispute Resolution and Arbitration), any dispute that is not subject to arbitration will be brought exclusively in the courts at Pune, Maharashtra, India, and each party consents to the personal jurisdiction of those courts.

11.2 Amendments to Terms

We may amend these Terms from time to time. If a change is material — meaning it meaningfully affects your rights or obligations (for example, changes to fees, refunds, dispute resolution, or how we handle your Content) — we will provide at least fifteen (15) days' advance notice by email to the address associated with your account or by prominent notice within the Service before the change takes effect. If you do not agree to the revised Terms, you may cancel your Subscription before the change takes effect. Minor changes (such as clarifications or corrections that do not affect your rights) take effect when posted on this page.

Your continued use of the Service after the effective date of any revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service.

11.3 Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

11.4 Assignment

You may not assign or transfer these Terms, or your rights or obligations under them, without our prior written consent. We may assign these Terms without your consent, including to a successor entity in connection with a merger, acquisition, or sale of assets.

11.5 Force Majeure

We will not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure is caused by an event or circumstance beyond our reasonable control, including fire, flood, earthquake or other natural disasters, epidemic, pandemic, explosion, war, terrorism, sabotage, embargo, civil unrest, labor disputes or shortages, government intervention, order or law, or failures of utilities, telecommunications networks, or third-party providers. We will resume performance as soon as reasonably practicable after the event ends. For clarity, no such event excuses your payment obligations or your compliance with these Terms.

11.6 Entire Agreement

These Terms, together with the Agreements described in the preamble and the policies incorporated by reference, constitute the entire agreement between us regarding the Service and supersede and replace any prior agreements between us regarding the Service.

11.7 Notices

We may provide notices to you by email to the address associated with your account or by notice within the Service; email notices are deemed received twenty-four (24) hours after sending unless we receive notice that the email was not delivered. You may send notices to us at [email protected].

11.8 Acknowledgement

BY USING THE SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

11.9 Contact

Please send your feedback, comments, and requests for technical support:

• By email: [email protected]
• Legal inquiries: [email protected]

DEFINITIONS

In these Terms, the following capitalized expressions have the following meanings:

Actions means units of work performed by the Service (for example, sending an email, updating a record, or executing a workflow step), as described in clause 2.4.

Agreements means these Terms together with our Privacy Policy, Acceptable Use Policy, and Data Security Policy, as described in the preamble.

Billing Cycle means the recurring monthly or annual period for which a Subscription is billed in advance, as described in clause 2.2.

Content means any information, text, graphics, data, prompts, or other material you post, link, store, share or otherwise make available on or through the Service, as described in clause 3.1.

Credits means prepaid credits corresponding to third-party AI model usage, redeemable through the Service, as described in clause 2.4.

Feedback means information and feedback you provide concerning errors, suggestions, ideas, problems, complaints, or other matters related to the Service, as described in clause 6.4.

Free Trial means a free trial of a Subscription offered at our discretion, as described in clause 2.3.

Infringement means a claim that Content posted on the Service infringes the copyright or other intellectual property rights of any person or entity, as described in clause 6.2.

Purchase means the purchase of any product or service made available through the Service, as described in clause 2.1.

Service means our web pages located at https://deskferry.com and the DeskFerry platform, as described in the preamble and clause 1.1.

Subscription means a subscription to the parts of the Service billed on a subscription basis, as described in clause 2.2.

Terms means these Terms of Service, as amended from time to time in accordance with clause 11.2.