Terms of Service

• “Account” means your registered account and the workspace that belongs to it.
• “AI Agents” means the automated software agents in the Services that perform tasks for you, such as research, content generation, analysis, drafting messages, publishing, and running workflows.
• “Connected Account” means any third-party account you connect to the Services, such as an email, calendar, storage, CRM, social media or AI provider account.
• “Credits” means the units your Account uses to pay for AI Agent work, tools and connectors within the Services.
• “Customer Data” means personal information about your own customers, leads, contacts or other people that you, or AI Agents acting for you, bring into the Services.
• “Free Plan” means the no-charge plan described in Section 3, with the limits stated there.
• “Generated Content” means any output the Services produce for you, including briefs, scripts, posts, images, video, emails, analyses, reports and recommendations.
• “Subscription” means a paid plan that grants access to the Services at a specified tier.
• “User Content” means any data, text, files, images, brand guidelines, instructions, configurations or other material you provide to the Services, including Customer Data and data from your Connected Accounts.

The Services are for business and professional use. You must be at least 18 years old and able to enter a binding contract. By creating an Account, you represent that:

• You meet the minimum age requirement;
• The information you provide at signup and onboarding is accurate and you will keep it up to date;
• You are not barred from using the Services under the laws of the United States or any other applicable jurisdiction, including sanctions and export-control laws.

You are responsible for keeping your login credentials confidential and for all activity under your Account, including activity by AI Agents you configure. Tell us immediately at sean@demarly.ai if you suspect unauthorized access to your Account.

Plans. The Services are offered on the Free Plan and on tiered Subscription plans. Current plans (subject to change with notice):

• Free: $0. 200 Credits, granted once per Account. Up to 10 agents, 3 connected connector accounts, and a knowledge base of 10 documents and 25 MB in total. Auto-posting is not available.
• Starter: $24.99/month. 500 Credits each month. Up to 25 agents. Auto-posting is not available.
• Pro: $49.99/month. 1,125 Credits each month. Up to 50 agents. Includes auto-posting.
• Enterprise: $99.99/month. 2,500 Credits each month. No agent limit. Includes auto-posting.

The agent limit counts the department heads, worker agents and template agents you have turned on. Your CEO agent does not count. Paid plans do not have the Free Plan’s connector-account or knowledge-base limits. “Auto-posting” means publishing content to social accounts you connect for that purpose, on a schedule.

Credits.AI Agent work, and the tools and connectors agents use, consume Credits. The number of Credits an action uses depends on the work involved; your balance and usage are shown in your Account. When your balance reaches zero, work that needs Credits stops until you add Credits or your next monthly Credits arrive. Credits included with a Subscription are granted when that billing period’s payment succeeds and do not roll over to the next period. You may buy additional Credits (“top-ups”) on any plan, including the Free Plan; purchased Credits do not expire while your Account is open. Credits have no cash value and cannot be transferred or exchanged for money. If you connect your own AI provider account or key, AI usage on it is billed to you by that provider under its terms, and tools and connectors that Demarly provides still consume Credits. Some connected services, such as a media-generation account you connect, may also charge you directly under their own terms.

Your starting offer. Each Account may start with one offer: the Free Plan, or one 7-day free trial of a paid plan. You cannot have both. Choosing the Free Plan ends your eligibility for a trial. You may not create additional Accounts to obtain another starting offer.

Free trials.A trial requires a valid payment method. During the trial you receive 200 Credits; your plan’s monthly Credits begin with your first paid billing period, and unused trial Credits do not carry over. Auto-posting is not available during a trial; on Pro and Enterprise it becomes available once your first payment succeeds. Where the Services offer it, you may end a trial early and be charged at that time. Unless you cancel before the trial ends, your payment method is charged the plan price when the trial ends, and then at the start of each billing cycle. If you cancel during the trial, you are not charged, and when the trial ends your Account moves to the Free Plan with no Credits. If the first payment after a trial fails, your Account moves to the Free Plan with no Credits.

Other paid checkouts. Any Subscription started without a trial, including an upgrade from the Free Plan or a resubscription, is charged immediately at checkout and renews automatically each billing cycle until you cancel.

Automatic renewal. SUBSCRIPTIONS RENEW AUTOMATICALLY EACH MONTH AT THE THEN-CURRENT PRICE, AND YOUR PAYMENT METHOD IS CHARGED AT THE START OF EACH BILLING CYCLE UNTIL YOU CANCEL. By starting a trial or Subscription, you authorize these recurring charges.

Cancellation.You may cancel your Subscription at any time from the billing page in your Account, which opens our payment processor’s customer portal, or by emailing sean@demarly.ai. Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused time within a billing period.

Failed payments and lapse.If a renewal payment fails, you keep paid access for 3 days while the payment is retried and you update your payment method. If payment is not made within that time, or when a cancelled Subscription ends, your Account moves to the Free Plan. Paid features then stop, and the Free Plan’s limits apply: agents above the limit are paused (you choose which to turn back on, within the limit), accounts connected for auto-posting are disconnected, connector tools are paused while you have more connector accounts than the limit allows, and knowledge-base uploads are refused while you are over that limit. Unused monthly Credits are forfeited; purchased Credits remain. Your data remains available to you.

Refunds. Except where required by law or stated in these Terms, payments and purchased Credits are non-refundable. If you believe you were charged in error, contact sean@demarly.ai within 30 days of the charge and we will review it in good faith. If you dispute a charge with your bank instead, we may suspend the Account while the dispute is open.

Price changes. We may change plan prices, included Credits, plan limits or the Credits an action consumes. We will tell you before a price increase applies to your Subscription, and you may cancel before it takes effect.

Taxes. Prices exclude taxes unless stated. You are responsible for any sales, use, value-added or similar taxes on your purchases, other than taxes on our income.

Payment processing.Payments are processed by Stripe, Inc. By paying, you also agree to Stripe’s terms. We do not store your full payment card details.

AI Agents use third-party AI models to process User Content and produce Generated Content. Depending on your settings, models may be provided through Demarly’s accounts with AI providers (including through the OpenRouter routing service), or through an AI provider account or key that you connect. The models available, and which provider runs a given request, may change over time.

No accuracy guarantee. AI output can be wrong, incomplete, biased, out of date, or similar to content produced for others. Treat Generated Content as a draft that needs human review. Generated Content is not legal, financial, tax, medical or other professional advice.

Your responsibility. You are responsible for reviewing Generated Content before you use, send or publish it, and for making sure your use of it complies with law and with the rules of any platform you publish it on, including advertising, endorsement and AI-disclosure rules.

Your own AI provider account.If you connect your own AI provider key or subscription (for example, an OpenRouter or Anthropic key, or a ChatGPT account), you authorize us to use it for your AI Agent work. You are responsible for complying with that provider’s terms and for any charges it makes. A provider may change or stop that access at any time, and we are not responsible if it does.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

When you connect an account and turn on an AI Agent, workflow or schedule, you authorize Demarly to take the actions you have enabled on your behalf, using your Connected Accounts. Depending on what you enable, this can include reading email, calendars, files, CRM records and social media data; drafting and sending email and messages; creating files and calendar events; generating images and video; and publishing posts.

• Approvals. Actions that send, post or change something in a Connected Account are held for your approval unless you have given an AI Agent standing permission to act within a defined scope. Approving an action, or granting standing permission, is your instruction to carry it out.
• Scheduled publishing. Content you approve for a scheduled time is published at that time without further confirmation. Some platforms require extra confirmation; for example, TikTok posts always need you to choose the privacy setting and confirm the post.
• AI labels. Where a platform supports it, posts we publish for you are labelled as AI-generated or made with AI.
• Your authority. You represent that you have the right to connect each Connected Account and to authorize these actions, and that what you ask AI Agents to do is lawful.

YOU ARE RESPONSIBLE FOR THE ACTIONS AI AGENTS TAKE WITHIN THE PERMISSIONS YOU GRANT AND THE CONTENT YOU APPROVE, AND FOR THEIR CONSEQUENCES. You can revoke an AI Agent’s permissions, disconnect a Connected Account or cancel a scheduled post at any time; revocation does not undo actions already taken.

The Services work with third-party services, including the platforms behind your Connected Accounts (such as Google, Microsoft, Slack, Instagram, TikTok and X) and the providers we use to deliver features (such as Composio for app connections, Zernio for social publishing, Apify for collecting public web and social data, Higgsfield for media generation, and Serper for web search). Our Privacy Policy lists the providers that process your data.

• Your use of a third-party platform is governed by that platform’s terms, and you must follow them, including rules on automation, posting frequency, data collection and advertising.
• Third-party services are not under our control. We are not responsible for their availability, changes, actions or content, or for a platform suspending your account with it.
• A platform or provider may limit, change or end an integration at any time, and we may disable an integration if it becomes unavailable, unsafe or non-compliant.
• When you ask AI Agents to collect data from websites or social media, you are responsible for doing so lawfully and in line with the source’s terms.

Your content. You keep ownership of your User Content. You grant Demarly a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, display and adapt User Content only as needed to provide, secure and support the Services for you, and as described in our Privacy Policy. Demarly does not use your User Content or Generated Content to train AI models.

Generated Content. As between you and Demarly, and subject to the terms of the AI providers involved, you own the Generated Content produced for you. We make no promise that Generated Content is protectable by copyright, unique, or free of third-party rights.

Your promises.You represent that you have all rights, licenses and consents needed for your User Content, including any images, logos, likenesses and Customer Data, and that our use of it as these Terms allow will not infringe anyone’s rights or break the law.

Our platform. Demarly and its licensors own the Services, including the software, agents, prompts, workflows, templates, design and documentation. Except for the limited right to use the Services under these Terms, no rights are granted to you.

Feedback. If you send us suggestions or feedback, we may use them without restriction or payment to you.

When you bring Customer Data into the Services, for example by connecting a mailbox, CRM or lead form, you decide what data is processed and why, and we process it on your behalf to provide the Services. You are responsible for:

• Having a lawful basis and giving any notices required to collect and use Customer Data, including through AI tools;
• Getting any consent required before AI Agents email, message or otherwise contact people, and honoring opt-outs (including under CAN-SPAM, the TCPA and similar laws);
• Not uploading sensitive data (such as government ID numbers, payment card numbers, health information or children’s data) unless the Services are designed for it and the law allows it.

We handle Customer Data as described in our Privacy Policy. If you need a data processing agreement, contact sean@demarly.ai.

You agree not to use the Services, or let AI Agents be used, to:

• Break any law or regulation, or infringe or misappropriate anyone’s rights;
• Create or distribute content that is illegal, defamatory, harassing, hateful, sexually explicit, or that exploits or harms minors;
• Send spam or unsolicited bulk messages, or contact people who have opted out;
• Impersonate any person or organization, or create deceptive content, including undisclosed paid endorsements, fake reviews, or realistic depictions of real people without their consent;
• Spread election or public-health misinformation, or run coordinated inauthentic activity or fake engagement;
• Breach the terms of a third-party platform you use through the Services;
• Get around usage limits, Credits, plan limits, rate limits or security controls, or create multiple Accounts to obtain extra starting offers;
• Resell, sublicense or provide the Services to third parties without our written permission;
• Upload malware, or probe, scan, overload or disrupt the Services;
• Reverse engineer the Services, or use them or their output to build a competing product;
• Use the Services for high-risk decisions about people, such as employment, credit, housing, insurance or legal eligibility, without appropriate human review.

We may remove content, pause AI Agents, or suspend or terminate an Account that we reasonably believe breaks this section, and we will tell you when we can.

The Services are provided on an “as is” and “as available” basis, without any uptime commitment. We may change, add or remove features, and we will give reasonable notice before removing a feature that is a material part of a paid plan. Features labelled beta, preview or experimental are provided for evaluation, may change or stop at any time, and may be less reliable.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE SERVICES, AI AGENTS AND GENERATED CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY. DEMARLY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT GENERATED CONTENT WILL BE ACCURATE OR SUITABLE, OR THAT ANY RESULT, SUCH AS GROWTH, ENGAGEMENT OR REVENUE, WILL BE ACHIEVED.

You will defend, indemnify and hold harmless Demarly and its officers, members, employees, contractors and agents from any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your User Content, including Customer Data;
• Generated Content you use, send or publish, and actions AI Agents take within the permissions you granted;
• Your use of Connected Accounts and third-party platforms;
• Your breach of these Terms or of law, or your infringement of anyone’s rights.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEMARLY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID DEMARLY IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS ($100).

IN NO EVENT WILL DEMARLY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, OR FOR SUSPENSION OF ANY THIRD-PARTY ACCOUNT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF DEMARLY WAS ADVISED THEY WERE POSSIBLE.

Some jurisdictions do not allow certain limitations, so some of them may not apply to you. These limits do not limit liability that cannot be limited by law.

By you. You may cancel your Subscription at any time, as described in Section 3. You may ask us to close your Account and delete its data by emailing sean@demarly.aifrom your Account’s email address.

By Demarly. We may suspend or terminate your Account, or any part of the Services, if you materially breach these Terms, if your use creates a security, legal or platform risk, if payment is disputed or overdue beyond any grace period, or if the law requires it. Where practical, we will give you notice and a chance to fix the problem first.

Effect. When your Account is closed, your right to use the Services ends, remaining Credits are forfeited, and AI Agents and scheduled posts stop. You may request an export of your data before closing. We delete or de-identify Account data as described in our Privacy Policy. Sections 3 (for amounts owed), 5, 7, 11, 12, 13, 16 and 17 survive termination.

If you believe content in the Services infringes your copyright, send a notice to sean@demarly.ai that identifies the work, the material you believe infringes and where it appears, your contact details, a statement that you have a good-faith belief the use is not authorized, and a statement, under penalty of perjury, that your notice is accurate and that you are authorized to act for the owner, with your physical or electronic signature. We may remove material and terminate repeat infringers.

These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules.

Before starting any formal legal action, you agree to contact us at sean@demarly.ai and try to resolve the dispute informally for at least 30 days. If it is not resolved, any legal action must be brought exclusively in the state or federal courts located in Denver, Colorado, and each party consents to the personal jurisdiction of those courts. Either party may seek an injunction in any court to protect its intellectual property or confidential information.

TO THE EXTENT PERMITTED BY LAW, EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.

• Electronic notices.You agree that we may send notices, agreements and other communications electronically, by email to your Account’s address or in the Services, and that they satisfy any legal requirement for a written communication.
• Entire agreement. These Terms, the Privacy Policy and any plan or order details shown at checkout are the entire agreement between you and Demarly about the Services. If they conflict, these Terms control unless a signed written agreement says otherwise.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition or sale of assets.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including outages of third-party providers or platforms.
• Severability and waiver. If any provision is found unenforceable, the rest remains in effect. Not enforcing a provision is not a waiver.
• Relationship. The parties are independent contractors. There are no third-party beneficiaries of these Terms.

We may update these Terms at any time. We will post the updated version here with its version number and effective date, and for material changes we will also tell you by email or in the Services. Updated Terms take effect on the effective date shown, unless we tell you otherwise. We may ask you to accept them in the Services.

If you do not agree to the updated Terms, you must stop using the Services and cancel your Subscription. If you keep using the Services after they take effect, you accept the updated Terms. Earlier versions are available on request.

Questions about these Terms? Contact us:

• Email: sean@demarly.ai
• Mail: Demarly LLC, 1500 North Grant Street, Denver, CO 80203