These Terms govern Dench-operated services. Parts of DenchClaw may also be distributed under separate open-source licenses, which continue to apply to the code itself. If you have a separate signed agreement with Dench, that agreement controls to the extent it conflicts with these Terms.
1. Acceptance and Scope
These Terms of Service are a legal agreement between you and Merse Originals, Inc., doing business as Dench ("Dench," "we," "us," or "our"). By accessing or using our Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.
These Terms apply to Dench-operated websites, sign-in flows, Dench Cloud, hosted gateway or API features, managed cloud sandboxes, billing flows, support interactions, and related services we make available under the Dench brand.
2. Eligibility and Accounts
You must be legally able to enter into these Terms and use the Services in compliance with applicable law. You must provide accurate account information and keep it up to date.
If you create or administer an organization, you are responsible for the people you invite, the roles you assign, and activity taken under your organization, accounts, devices, and API keys. You are responsible for safeguarding your credentials and promptly notifying us if you believe an account or key has been compromised.
3. Plans, Billing, and AI Credits
Some features require a paid subscription, an active organization, or a valid payment method. Billing and subscription management are handled through Stripe.
- Paid plans may renew automatically until canceled through the available billing flow or as otherwise agreed in writing.
- Some features, including hosted AI usage, may be metered and may consume credits, top-ups, or on-demand spend.
- We may set or enforce spend limits, usage caps, or credit exhaustion checks, and we may deny or pause requests when those limits are reached.
- Trials, promotional credits, and manual grants are temporary, non-transferable, may expire, and may be revoked if abused.
- Unless required by law, fees are non-refundable after they are earned or consumed.
You are responsible for any taxes, duties, or similar charges associated with your use of the Services, excluding taxes on Dench's net income.
4. Your Content, Data, and Local-First Use
You retain ownership of the prompts, files, CRM records, workspace data, and other content you submit to the Services. You give us a limited, non-exclusive right to host, store, transmit, process, reproduce, and display that content only as needed to operate, secure, and improve the Services for you and your organization.
Parts of DenchClaw are local-first and may run primarily on your own device or infrastructure. When you use Dench-hosted services, including sign-in, billing, managed sandboxes, or hosted AI routing, your data may also be processed on our service providers' infrastructure.
You are responsible for ensuring that you have all rights, permissions, and legal bases needed for the data you upload or process, and for maintaining your own exports or backups where necessary.
5. AI Features and Automation
Dench includes AI-assisted features, hosted model routing, and automation workflows. AI outputs may be inaccurate, incomplete, misleading, or unsuitable for your particular use case. You are responsible for reviewing outputs before relying on them or acting on them.
The Services are not a substitute for professional judgment. Do not use the Services as the sole basis for legal, financial, employment, healthcare, safety-critical, or other high-risk decisions.
If you use Dench to automate actions on third-party systems, browse websites, send messages, or act with your credentials or browser state, you are responsible for ensuring you are authorized to do so and that your use complies with law and the third party's terms.
6. Acceptable Use
You may not use the Services to:
- Violate law, regulation, or the rights of others.
- Access accounts, systems, data, or websites without authorization.
- Send spam, run abusive outreach, or automate harmful or deceptive behavior.
- Upload or process content that infringes intellectual property, privacy, or other third-party rights.
- Circumvent payment obligations, usage limits, security controls, or account restrictions.
- Share credentials or API keys in ways that expose the Services to unauthorized use.
- Interfere with the integrity, performance, or availability of the Services, including probing or attacking hosted infrastructure.
7. API Keys and Security
You must keep API keys, session tokens, and credentials confidential. You are responsible for all activity that occurs under those keys and credentials until you notify us of a compromise and we have had a reasonable opportunity to respond.
We may rotate, revoke, suspend, or scope keys or credentials if we believe they are compromised, abusive, or creating security, billing, or legal risk.
8. Third-Party Services and Open-Source Components
The Services depend on third-party providers such as Stripe, Google, Resend, Convex, AWS, PostHog, and AI model providers. Your use of those integrations or downstream services may also be subject to their own terms, pricing, uptime, and privacy practices.
Some Dench software may be distributed under MIT or other open-source licenses. Those licenses govern your rights in the code itself. These Terms govern Dench-operated websites, accounts, billing, and hosted services.
9. Suspension, Cancellation, and Data Lifecycle
We may suspend or terminate access to the Services if you violate these Terms, fail to pay amounts due, create security or legal risk, abuse the Services, or if we are required to do so by law.
Access to managed cloud features may depend on having an active subscription. If a managed cloud subscription is canceled, lapses, or is terminated, we may stop compute, restrict access, and schedule deletion of associated managed resources.
Our current operational lifecycle for managed cloud sandboxes may include retaining a stopped sandbox for roughly 7 days and retaining final recovery snapshots for up to roughly 90 days before final deletion. You should export or back up any data you want to keep before cancellation or termination.
10. Availability and Service Changes
We may add, remove, change, or discontinue features at any time. We do not promise that every feature will remain available forever, and we do not provide a service-level agreement unless we expressly agree to one in writing.
Beta, preview, experimental, or early-access features may be incomplete and are provided on an as-is basis.
11. Disclaimers
To the maximum extent permitted by law, the Services are provided "as is" and "as available." Dench disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, and uninterrupted operation.
We do not warrant that AI outputs will be correct, that automations will perform exactly as intended in every case, or that data loss, outages, or third-party failures will never occur.
12. Limitation of Liability
To the maximum extent permitted by law, Dench and its affiliates, officers, employees, contractors, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, goodwill, data, or business interruption arising out of or related to the Services.
Our aggregate liability for all claims arising out of or related to the Services will not exceed the greater of (a) the amounts you paid to Dench for the Services in the 12 months before the event giving rise to the claim or (b) $100.
13. Indemnity
You will defend, indemnify, and hold harmless Dench and its affiliates, officers, employees, contractors, and suppliers from and against claims, liabilities, damages, losses, and expenses arising out of or related to your content, your use of the Services, your violation of these Terms, or your violation of law or third-party rights.
14. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will update the effective date and may provide additional notice through the Services or by email. Your continued use of the Services after the updated Terms become effective means you accept the revised Terms.
15. Governing Law and Contact
These Terms are governed by the laws of the State of California, excluding its conflict-of-laws rules. Unless applicable law requires otherwise, any dispute arising from these Terms or the Services must be brought in the state or federal courts located in San Francisco County, California, and you consent to that venue and jurisdiction.
If you have questions about these Terms, contact Merse Originals, Inc. at support@dench.com.