Terms of Service

These Terms of Service ("Terms") form a binding agreement between you ("you", "User") and Dusky ("Dusky", "we", "us", "our") and govern your access to and use of the Dusky website, applications, APIs, and related services (collectively, the "Service"). By creating an account, clicking "I agree", or otherwise accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 16 years old (or the age of digital consent in your jurisdiction) and able to form a binding contract to use the Service. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. The Service

Dusky is an AI-assisted email tool that, with your explicit authorization, connects to your third-party email provider (e.g. Gmail) to read messages, draft replies, summarize content, and run automations you configure. Dusky is a productivity tool and is not a substitute for legal, medical, financial, or other professional advice.

3. Your Account and Third-Party Accounts

You are responsible for safeguarding your account credentials and for all activity that occurs under your account. When you connect a third-party account (such as Google/Gmail), you authorize Dusky to access, store, and process data from that account solely to provide the Service. Your use of any third-party service is governed by that provider's own terms.

4. AI Output

The Service uses large language models to generate drafts, summaries, and other content ("AI Output"). AI Output may be inaccurate, incomplete, or inappropriate. You are solely responsible for reviewing, editing, and approving any AI Output before sending, publishing, or relying on it. Dusky drafts emails; you approve and send them. We are not responsible for emails you send or actions you take based on AI Output.

5. Acceptable Use

You agree not to:

• use the Service to send spam, phishing, harassment, or unlawful content;
• violate any law, regulation, or third-party right (including IP, privacy, and anti-spam laws such as CAN-SPAM, CASL, and GDPR);
• reverse engineer, scrape, or attempt to gain unauthorized access to the Service;
• use the Service to make automated decisions with legal or similarly significant effects on individuals without appropriate human review;
• upload content you do not have the right to process.

We may suspend or terminate your access at any time, without notice, for actual or suspected violation of these Terms or to protect the Service or other users.

6. Your Content

You retain all rights in the email content, prompts, instructions, and other material you submit or that Dusky accesses on your behalf ("Your Content"). You grant Dusky a worldwide, non-exclusive, royalty-free license to host, process, transmit, and display Your Content solely to operate, maintain, secure, and improve the Service for you. We do not sell Your Content and do not use the contents of your emails to train general-purpose AI models.

7. Fees

Paid features may be offered. Fees, billing cycles, and refund eligibility will be disclosed at the point of purchase. You authorize us (and our payment processors) to charge your chosen payment method. Except where required by law, fees are non-refundable.

8. Intellectual Property

The Service, including all software, models, prompts, branding, and documentation, is owned by Dusky or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. No other rights are granted by implication.

9. Feedback

If you send us suggestions or feedback, you grant Dusky a perpetual, irrevocable, royalty-free license to use it without restriction.

10. Third-Party Services

The Service interoperates with third-party services (e.g. Google, AI model providers, cloud infrastructure). We are not responsible for third-party services and do not warrant their availability, accuracy, or security.

11. Disclaimer of Warranties

The service is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. Dusky does not warrant that the service will be uninterrupted, secure, error-free, or that AI output will be accurate or reliable.

12. Limitation of Liability

To the maximum extent permitted by law, in no event will Dusky, its affiliates, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunities, arising out of or related to these Terms or the service, whether in contract, tort, or any other legal theory, even if advised of the possibility of such damages. Dusky's total cumulative liability for all claims arising out of or related to these terms or the service will not exceed the greater of (a) the amount you paid Dusky in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred US dollars (USD 100).

13. Indemnification

You agree to defend, indemnify, and hold harmless Dusky and its affiliates from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Service, (b) Your Content, (c) your violation of these Terms, or (d) your violation of any law or third-party right, including any email you send or cause to be sent via the Service.

14. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access at any time. Upon termination, your right to use the Service ends immediately. Sections that by their nature should survive termination will survive (including ownership, disclaimers, limitations of liability, and dispute resolution).

15. Changes

We may update these Terms from time to time. If changes are material, we will provide reasonable notice (e.g. by email or in-product). Your continued use of the Service after the effective date constitutes acceptance.

16. Governing Law and Disputes

These Terms are governed by the laws of the jurisdiction in which Dusky is established, without regard to conflict-of-laws principles. The parties submit to the exclusive jurisdiction of the competent courts of that jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction. Where required by mandatory consumer law, you retain the protections of the law of your country of residence.

17. Contact

Questions about these Terms: support@myvoidline.com.