These Terms of Service (“Terms”) are a binding agreement between you and Delegate OS, Inc., a Delaware corporation (“Delegate OS,” “we,” “our,” or “us”), governing your access to and use of our macOS application, websites, APIs, and related services (collectively, the “Service”). By creating an account, installing the app, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.
Delegate OS provides a hold-to-talk macOS assistant and supporting cloud infrastructure that route spoken instructions to your connected accounts (such as Gmail, Slack, Calendar, iMessage, Drive, Outlook, or Teams) as outbound actions you confirm. The Service includes, when you subscribe, a dedicated cloud instance, a per-user model proxy, and routing infrastructure operated by us.
Portions of the Service are offered as a beta and may change, break, or be discontinued at any time without notice. Beta features are provided “as-is” and without any warranty whatsoever. Do not rely on beta features for production-critical workflows.
You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a binding contract. You must provide accurate registration information and keep it current. You are responsible for everything that happens under your account.
You are solely responsible for the security of your account, your devices, and the third-party services you connect to Delegate OS. That responsibility includes, without limitation:
We provide a reasonably secure platform; we do not, and cannot, guarantee that your accounts, devices, or connected services are or will remain secure. Security risks arising from your accounts, devices, networks, or third-party services are your risks, not ours.
You agree that you will not, and will not permit anyone else to:
The Service uses large language models to interpret your speech and draft outbound actions. Model output can be inaccurate, biased, or otherwise wrong. You are responsible for reviewing every action before you confirm it and you assume the full risk of any action you confirm. Do not rely on the Service’s output as legal, medical, financial, or other professional advice.
The Service is offered on a monthly subscription at the platform fee posted on our pricing page (currently USD $50 per month), plus pass-through inference and tool charges at a 1.3× markup over our underlying provider rates. Fees are billed in advance through Stripe. Inference and tool usage is metered and billed in arrears at month-end.
We may change pricing on at least 30 days’ notice; new pricing takes effect at your next renewal. All fees are exclusive of taxes; you are responsible for any sales, use, VAT, GST, or similar taxes. All fees are non-refundable except where required by law.
You may cancel your subscription at any time from your dashboard. We may suspend or terminate your account immediately, with or without notice, if we reasonably believe you have violated these Terms, abused the Service, or created a security or legal risk for us or our users. Upon termination, your right to use the Service ends and we may delete your data after 30 days. Sections 4 (Responsibilities), 6 (AI output), 9 (Disclaimer), 10 (Limitation of liability), 11 (Indemnification), 13 (Governing law), and any other provisions that by their nature should survive will survive termination.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, DELEGATE OS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL BE ACCURATE OR PRESERVED.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DELEGATE OS OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS, OR ANTICIPATED SAVINGS, EVEN IF ADVISED OF THE POSSIBILITY.
OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100. These limitations apply regardless of the legal theory on which the claim is based (contract, tort, statute, or otherwise) and even if a remedy fails of its essential purpose.
Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions the foregoing limitations apply to the maximum extent permitted by law.
You will defend, indemnify, and hold harmless Delegate OS and its affiliates, officers, directors, employees, and agents from and against any and all third-party claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms or any law; (c) content, messages, or actions you generated, confirmed, or delegated through the Service; (d) your accounts, devices, or connected services, including any security incident affecting them; or (e) your violation of any third party’s rights.
The Service interoperates with third-party services (Google, Microsoft, Slack, Apple, Anthropic, Stripe, Brave, and others). Your use of those services is governed by their own terms and privacy policies. We are not responsible for and disclaim all liability arising from third-party services, their availability, their pricing, or actions taken on them at your direction.
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules, in San Francisco, California, before a single arbitrator. The arbitrator’s award is final and binding and may be entered as a judgment in any court of competent jurisdiction. You and Delegate OS each waive the right to a jury trial and to participate in a class, collective, or representative action. Notwithstanding the foregoing, either party may bring an individual action in small-claims court, and either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights.
You may opt out of the arbitration agreement above by emailing legal@delegateos.ai within 30 days of first accepting these Terms with the subject line “Arbitration Opt-Out.”
The Service, including all software, models, designs, and content (excluding your content), is owned by Delegate OS or its licensors and protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business or personal purposes. You retain all rights in your content. You grant us a worldwide, royalty-free license to host, store, process, transmit, and display your content solely as necessary to operate the Service.
If you send us feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose, without obligation to you.
We may update these Terms from time to time. If we make material changes we will notify you by email or in-app notice at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Delegate OS regarding the Service. If any provision is held unenforceable, the remaining provisions remain in full effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets. There are no third-party beneficiaries.
Legal notices to us must be sent to legal@delegateos.ai. Notices to you may be sent to the email associated with your account or posted in-app.
