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Terms of Use

Last updated May 24, 2026

We are Donkey, Inc. ("Company," "we," "us," "our").

We operate the website https://donkeyuse.com (the "Site"), the Donkey macOS application, hosted APIs, account and billing services, support channels, documentation, downloads, and any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by email at david@donkeyuse.com.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Donkey, Inc., concerning your access to and use of the Services. You agree that by accessing or using the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We may update these Legal Terms from time to time. The modified Legal Terms will become effective upon posting or notifying you as required by law. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

All users who are minors in the jurisdiction in which they reside must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms before you use the Services.

We recommend that you keep a copy of these Legal Terms for your records.

TABLE OF CONTENTS

  1. OUR SERVICES
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATIONS
  4. USER REGISTRATION
  5. PURCHASES AND PAYMENT
  6. SUBSCRIPTIONS
  7. PROHIBITED ACTIVITIES
  8. USER GENERATED CONTRIBUTIONS
  9. CONTRIBUTION LICENSE
  10. THIRD-PARTY ACCOUNTS AND INTEGRATIONS
  11. THIRD-PARTY WEBSITES AND CONTENT
  12. SERVICES MANAGEMENT
  13. PRIVACY POLICY
  14. COPYRIGHT INFRINGEMENTS
  15. TERM AND TERMINATION
  16. MODIFICATIONS AND INTERRUPTIONS
  17. GOVERNING LAW
  18. DISPUTE RESOLUTION
  19. CORRECTIONS
  20. DISCLAIMER
  21. LIMITATIONS OF LIABILITY
  22. INDEMNIFICATION
  23. USER DATA
  24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  25. CALIFORNIA USERS AND RESIDENTS
  26. MISCELLANEOUS
  27. CONTACT US

1. OUR SERVICES

Donkey helps users delegate work to software agents. Depending on your setup, the Services may operate on your Mac, use local applications, use browser sessions, read and write files, call hosted APIs, use model providers, and interact with accounts or services that you connect or direct Donkey to use.

Because Donkey performs automation, the Services may take actions that affect your device, files, accounts, browser sessions, repositories, data, messages, purchases, settings, and third-party services. These actions may include creating, changing, moving, overwriting, deleting, sending, publishing, purchasing, merging, deploying, or otherwise modifying information or resources. You are responsible for the instructions you give, the permissions you grant, the data and accounts you expose, the backups you maintain, and the automated actions you approve or allow.

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement within such jurisdiction or country. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations, including Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), Gramm-Leach-Bliley Act (GLBA), or similar laws. You may not use the Services in a way that would subject us to those laws unless we have expressly agreed in writing.

The Services are not designed for high-risk, safety-critical, regulated, legal, medical, financial, or emergency use cases where failure could cause death, personal injury, property damage, legal harm, financial harm, or other consequential harm. Donkey and model outputs should not be used as a substitute for professional advice.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or licensee of intellectual property rights in our Services, including source code, databases, functionality, software, website designs, text, graphics, product content, trademarks, service marks, and logos in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"), except for open-source code or third-party materials governed by their own licenses.

Our Content and Marks are protected by copyright and trademark laws and by various other intellectual property rights, unfair competition laws, and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Open-source code

Some Donkey code may be made available under an open-source license in a public repository. Those license terms apply to that code. These Legal Terms apply to the Services, hosted infrastructure, website, accounts, billing, support, downloads, and other Donkey offerings unless an open-source license expressly says otherwise.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • access and use the Services; and
  • download or print a copy of any portion of the Content to which you have properly gained access.

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section, elsewhere in these Legal Terms, or in an applicable open-source license, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in these Legal Terms, please address your request to david@donkeyuse.com. If we grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services may terminate immediately.

Your submissions and contributions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully before using our Services to understand the rights you give us and the obligations you have when you submit, post, upload, transmit, store, or process content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree that we may use the Submission for any lawful purpose without acknowledgment or compensation to you. This does not transfer ownership of private files, prompts, task outputs, or other user content that you provide for ordinary use of the Services.

Contributions: The Services may invite you to create, submit, post, display, transmit, publish, distribute, upload, store, process, or make available content and materials to us or through the Services, including prompts, task instructions, files, screenshots, logs, diagnostics, comments, reviews, feedback, support materials, configurations, text, writings, audio, photographs, graphics, personal information, or other material ("Contributions"). Any Submission that is publicly posted may also be treated as a Contribution.

You understand that Contributions may be viewable by us, our service providers, other users, or third-party providers depending on the feature you use, the permissions you grant, the accounts you connect, and the settings you choose.

You are responsible for what you post, upload, or instruct Donkey to process: By sending Submissions and/or posting, uploading, or processing Contributions through any part of the Services, you:

  • confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not submit any Submission or Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening, sexually explicit, false, inaccurate, deceitful, or misleading;
  • warrant that you own or have the necessary rights, licenses, consents, permissions, and authority to submit the Submissions and/or Contributions and to grant the rights described in these Legal Terms;
  • warrant and represent that your Submissions and/or Contributions do not constitute confidential information that you are not authorized to provide; and
  • agree that you are responsible for the accounts, files, data, local applications, browser sessions, APIs, repositories, model providers, and third-party services that you connect, expose, or direct Donkey to use.

You are solely responsible for your Submissions and/or Contributions and agree to reimburse us for losses we may suffer because of your breach of this section, any third-party intellectual property right, any third-party privacy or confidentiality right, or applicable law.

We may remove or edit your Content: Although we have no obligation to monitor Contributions, we have the right to remove, disable, or edit any Contributions at any time without notice if we reasonably consider them harmful, risky, illegal, infringing, burdensome to our systems, or in breach of these Legal Terms. If we remove or edit Contributions, we may also suspend or disable your account and report relevant conduct to authorities where appropriate.

We respect the intellectual property rights of others. If you believe that material available on or through the Services infringes upon any copyright you own or control, please refer to the "COPYRIGHT INFRINGEMENTS" section below.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (5) you will not access hosted parts of the Services through automated or non-human means except through interfaces, APIs, or automation expressly permitted by us; (6) you will not use the Services for any illegal or unauthorized purpose; (7) your use of the Services will not violate any applicable law or regulation; (8) you will maintain appropriate backups and access controls for files, systems, accounts, repositories, browser sessions, and data that Donkey may access; and (9) you will review important automated work before relying on it, sending it, publishing it, purchasing anything, deleting anything, sharing sensitive information, or taking other consequential action.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse current or future use of the Services, or any portion thereof.

4. USER REGISTRATION

You may be required to register to use the Services. We may use third-party authentication providers, such as Google, to support account registration and sign-in. You agree to keep your account credentials, provider account, and active sessions confidential and will be responsible for all use of your account. We reserve the right to remove, reclaim, or change a username or account identifier you select if we determine, in our sole discretion, that it is inappropriate, obscene, misleading, infringing, or otherwise objectionable.

5. PURCHASES AND PAYMENT

We may accept the following forms of payment through our payment processor:

  • Visa
  • Mastercard
  • American Express
  • Discover
  • other payment methods shown at checkout.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that transactions can be completed and we can contact you as needed. Sales tax will be added to the price of purchases as deemed required by us or by law. We may change prices at any time, subject to any notice required by law. All payments shall be in US dollars unless otherwise stated at checkout.

Payment information may be processed and stored by Stripe or another payment processor we use. You authorize us and our payment processor to charge your chosen payment provider for purchases, subscriptions, fees, and applicable taxes. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse or cancel any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per organization, per household, or per order. These restrictions may include orders placed by or under the same customer account, payment method, billing address, or email domain. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, or users who violate these Legal Terms.

6. SUBSCRIPTIONS

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge until you cancel the applicable subscription. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribe to the Services.

Free Trials and Promotions

We may offer free trials, credits, discounts, or promotions from time to time. Trial and promotional terms will be disclosed when offered and may change or end at our discretion. Unless stated otherwise, a trial or promotion is available only to new users or accounts, may not be combined with other offers, and may convert to a paid subscription at the end of the promotional period if you have provided a payment method and do not cancel in time.

Cancellation

You can cancel your subscription through the billing portal when available, through your account settings when available, or by contacting us at david@donkeyuse.com. Your cancellation will take effect at the end of the current paid term unless otherwise stated or required by law. If you have questions or are unsatisfied with our Services, please email us at david@donkeyuse.com.

Fee Changes

We may, from time to time, make changes to subscription fees and will communicate any price changes to you in accordance with applicable law.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information or account credentials.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit, or attempt to upload or transmit, viruses, Trojan horses, malware, or other material, including excessive use of capital letters and spamming, that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Engage in any unauthorized automated use of hosted systems, such as using scripts to send comments or messages, or using data mining, robots, scraping, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username or account of another user.
  • Upload or transmit, or attempt to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices, without authorization.
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees, contractors, agents, or users.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  • Copy or adapt hosted parts of the Services' software except as permitted by applicable law or an applicable open-source license.
  • Except as permitted by applicable law or an applicable open-source license, decipher, decompile, disassemble, or reverse engineer any hosted software comprising or in any way making up a part of the Services.
  • Except as may result from standard search engine or Internet browser usage, use, launch, develop, or distribute any unauthorized automated system, including a spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses.
  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or Content for any revenue-generating endeavor or commercial enterprise not authorized by us.
  • Use the Services to advertise or offer to sell goods and services without permission.
  • Sell or otherwise transfer your account.
  • Use the Services to access, modify, delete, transmit, or disclose files, accounts, data, systems, repositories, browser sessions, or third-party services without authorization.
  • Use Donkey to violate third-party terms, privacy rights, intellectual property rights, confidentiality obligations, security controls, or acceptable-use policies.
  • Use the Services to generate or execute instructions that facilitate malware, credential theft, phishing, spam, harassment, evasion of security controls, or other abusive conduct.
  • Use the Services for high-risk, regulated, or safety-critical activities without our express written agreement.

8. USER GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in product features, support channels, feedback workflows, agent workflows, automation tasks, repositories, browser sessions, local applications, online forums, or other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, store, process, or broadcast content and materials to us or on the Services, including prompts, files, screenshots, logs, diagnostics, text, writings, audio, photographs, graphics, comments, suggestions, personal information, or other material (collectively, "Contributions").

Contributions may be viewable by us, our service providers, third-party providers, or other users depending on the feature, permissions, account connections, and settings you choose. Any Contributions you transmit may be treated as non-confidential unless we have separately agreed otherwise in writing. When you create or make available any Contributions, you represent and warrant that:

  • The creation, distribution, transmission, public display, performance, accessing, processing, downloading, or copying of your Contributions does not and will not infringe the proprietary rights, including copyright, patent, trademark, trade secret, privacy, publicity, confidentiality, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Services, and applicable service providers to use your Contributions as contemplated by the Services and these Legal Terms.
  • You have the written consent, release, and/or permission of each identifiable individual person in your Contributions to use the name or likeness of each such identifiable individual person to enable inclusion and use of your Contributions as contemplated by the Services and these Legal Terms.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable as determined by us.
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten any other person or to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child sexual abuse material or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include offensive comments that are connected to race, national origin, gender, sexual preference, disability, or other protected characteristics.
  • Your Contributions do not contain malware, unauthorized tracking technologies, credentials you are not authorized to use, or other harmful code.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

9. CONTRIBUTION LICENSE

You retain ownership of your Contributions. By posting, uploading, submitting, transmitting, or otherwise making Contributions available to or through the Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, use, copy, reproduce, process, transmit, display, perform, store, cache, modify for technical formatting, and create technical derivatives of your Contributions as reasonably necessary to provide, secure, support, maintain, improve, and operate the Services; comply with law; enforce these Legal Terms; and complete actions you request.

This license includes the right to allow our service providers, infrastructure providers, authentication providers, payment processors, support providers, and model providers to process Contributions as needed to provide the Services or complete tasks you request. This license does not give us ownership of your Contributions.

If you make Contributions publicly available through the Services, you understand that other users may be able to view, use, copy, or share those Contributions according to the functionality of the Services.

We may use aggregated or de-identified information derived from Contributions and usage of the Services to analyze, operate, and improve the Services.

We are not liable for statements, representations, files, instructions, outputs, or other Contributions provided by you in any area of the Services. You are solely responsible for your Contributions to the Services and agree to refrain from legal action against us regarding Contributions you provide, except where prohibited by law.

We have the right, in our sole discretion, to edit, redact, re-categorize, disable, or delete Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

10. THIRD-PARTY ACCOUNTS AND INTEGRATIONS

As part of the functionality of the Services, you may link your account with third-party service providers or allow Donkey to interact with third-party services, local applications, browser sessions, APIs, model providers, repositories, or accounts (each, a "Third-Party Account" or "Third-Party Service").

You represent and warrant that you are entitled to disclose login information, grant access, or direct Donkey to interact with any Third-Party Account or Third-Party Service without breach by you of the terms and conditions that govern your use of that Third-Party Account or Third-Party Service, without obligating us to pay fees, and without making us subject to usage limitations imposed by the applicable third-party provider unless we have expressly agreed in writing.

By granting access to any Third-Party Account or Third-Party Service, you understand that we may access, make available, process, and store information from that Third-Party Account or Third-Party Service as necessary to provide the Services and complete tasks you request, subject to your settings and our Privacy Policy.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THIRD-PARTY PROVIDERS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH THOSE THIRD-PARTY PROVIDERS. We are not responsible for any third-party service, content, output, availability, security, privacy practice, or term.

You may be able to disable certain connections through your account settings, provider settings, operating system permissions, browser settings, or by contacting us. We will attempt to delete information stored on our hosted systems that was obtained through a Third-Party Account when deletion is required or appropriate, except information we are required or permitted to retain by law, for security, for billing, for backups, or for legitimate business purposes.

11. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain, or you may be sent via the Site or Donkey, links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, model outputs, and other content or items belonging to or originating from third parties ("Third-Party Content"). Donkey may also interact with Third-Party Websites and Third-Party Content when you instruct it to do so.

Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, safety, completeness, legality, or compliance by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, installed from, or generated in connection with the Services. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply approval or endorsement by us.

If you decide to leave the Services, access Third-Party Websites, use or install Third-Party Content, or instruct Donkey to interact with third-party systems, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any website, application, model provider, repository, API, or service you use.

Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility in relation to such purchases, which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse products or services offered on Third-Party Websites and you shall hold us blameless from harm caused by your purchase or use of such products or services, to the fullest extent permitted by law.

12. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, suspend, or disable any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable files and content that are excessive in size, harmful, infringing, illegal, or burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and facilitate the proper functioning of the Services.

13. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://donkeyuse.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from another region of the world with laws or requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, your information may be transferred to and processed in the United States and other countries where we or our service providers operate.

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please notify us using the contact information provided below (a "Notification"). A copy of your Notification may be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. If you are not sure that material located on or linked to by the Services infringes your copyright, you should consider contacting an attorney.

15. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES, INCLUDING BLOCKING CERTAIN IP ADDRESSES, TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES, DELETE YOUR ACCOUNT, OR REMOVE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of a third party, even if you may be acting on behalf of the third party, unless we give you written permission. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

16. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice, subject to applicable law. We have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, network, provider, model, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you, subject to applicable law. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply corrections, updates, or releases.

17. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles, except where applicable law requires otherwise.

18. DISPUTE RESOLUTION

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute, except those Disputes expressly excluded below, will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Consumer Arbitration Rules, both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the applicable AAA rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose, except where a longer period is required by law. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, unauthorized use, or security abuse; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed above, and the Parties agree to submit to the personal jurisdiction of that court.

19. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, feature behavior, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Services at any time, without prior notice.

20. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, RELIABILITY, AND SECURITY.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, CONTENT, MODEL OUTPUTS, AUTOMATED ACTIONS, THIRD-PARTY SERVICES, OR THE CONTENT OF ANY WEBSITES OR APPLICATIONS LINKED TO OR INTERACTED WITH BY THE SERVICES. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, MATERIALS, OUTPUTS, OR ACTIONS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) BUGS, VIRUSES, TROJAN HORSES, MALWARE, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (6) ERRORS OR OMISSIONS IN CONTENT, MATERIALS, OUTPUTS, OR ACTIONS OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USING CONTENT POSTED, TRANSMITTED, GENERATED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, OR (7) ACTIONS TAKEN BY DONKEY ON YOUR DEVICE, IN YOUR ACCOUNTS, OR THROUGH THIRD-PARTY SERVICES BASED ON YOUR INSTRUCTIONS, SETTINGS, OR APPROVALS.

WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR FILES, DATA, PROJECTS, REPOSITORIES, ACCOUNT CONTENT, SETTINGS, BROWSER SESSIONS, OR THIRD-PARTY RESOURCES THAT ARE DELETED, OVERWRITTEN, CORRUPTED, MOVED, SENT, PUBLISHED, MERGED, DEPLOYED, PURCHASED, MODIFIED, EXPOSED, OR OTHERWISE AFFECTED BY AUTOMATION YOU REQUEST, CONFIGURE, PERMIT, OR APPROVE. YOU ARE RESPONSIBLE FOR REVIEWING AUTOMATED ACTIONS, USING APPROPRIATE PERMISSIONS, KEEPING BACKUPS, AND DECIDING WHETHER THE SERVICES ARE APPROPRIATE FOR A GIVEN TASK.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, OUTPUT, MODEL, OR CONTENT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR APPLICATION FEATURED IN ANY ADVERTISING, AND WE WILL NOT BE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS. YOU SHOULD USE YOUR BEST JUDGMENT, REVIEW IMPORTANT WORK, AND EXERCISE CAUTION WHERE APPROPRIATE.

21. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, PARTNERS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, DEVICE DAMAGE, ACCOUNT DAMAGE, FILE DELETION, FILE OVERWRITES, FILE CORRUPTION, UNINTENDED MESSAGES, UNINTENDED PURCHASES, UNINTENDED COMMITS OR DEPLOYS, THIRD-PARTY ACCOUNT CHANGES, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $100.00 OR THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. CERTAIN US STATES AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

22. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, contractors, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) your use of the Services; (3) your instructions to Donkey or your use of Donkey to interact with local apps, files, browser sessions, websites, accounts, APIs, repositories, model providers, or third-party services, including automated actions that delete, overwrite, corrupt, send, publish, purchase, commit, deploy, modify, expose, or otherwise affect information or resources; (4) your breach of these Legal Terms; (5) any breach of your representations and warranties set forth in these Legal Terms; (6) your violation of the rights of a third party, including intellectual property, privacy, publicity, or confidentiality rights; or (7) any overt harmful act toward any other user of the Services or third party. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

23. USER DATA

We may maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, providing hosted features, billing, account access, support, security, diagnostics, and operation of the Services, as well as data relating to your use of the Services. Donkey may also store data locally on your Mac and may take actions that affect local files, local app data, browser data, repositories, accounts, and connected services when you instruct, configure, permit, or approve those actions. You are responsible for maintaining local backups and controlling local app permissions, files, credentials, accounts, repositories, browser sessions, model-provider settings, and connected services.

Although we may perform regular routine backups of hosted systems, you are solely responsible for all data that you transmit or that relates to any activity you undertake using the Services. You agree that we shall have no liability to you for loss or corruption of any such data to the fullest extent permitted by law, and you waive any right of action against us arising from such loss or corruption except where prohibited by law.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, clicking buttons, completing online forms, signing in, purchasing subscriptions, and using the Services constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You waive any rights or requirements under statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

25. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

26. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

27. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Donkey, Inc.

david@donkeyuse.com