Terms of Service

1. Agreement

These Terms of Service (“Terms”) govern your use of DustyWire, including the website at dustywire.com, the desktop application, the hosted API, credits, and related services (together, the “Service”). By creating an account, checking that you agree to these Terms, downloading the app, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2. What DustyWire does

DustyWire is a desktop agent that can see your screen and control your computer. It may move the pointer, click, type, scroll, open applications and websites, manage windows, and take other actions on your device to carry out tasks you request. Actions can change real state on your computer and in your accounts — including sending messages, editing or deleting files, making purchases, submitting forms, and changing settings.

3. Your authorization & supervision

The Service may ask you to review and authorize agent activity before or while it runs. Any summary, preview, or confirmation you see describes intended direction only. It is not a promise of the exact actions or outcomes that will follow.

• You are responsible for deciding whether to authorize, refuse, or interrupt agent activity.
• Authorization permits the agent to act on your computer toward your request.
• Authorization does not mean the actions that follow will be safe, limited to what you expected, or free of error.
• You are responsible for supervising the agent. Interrupting a run may not undo actions already taken.

If you use settings or modes that reduce human review before the agent acts, you accept a higher risk.

4. AI is unpredictable — you assume the risk

The Service uses artificial intelligence models that are probabilistic and can behave in ways that are incorrect, unexpected, incomplete, or harmful — including after you authorize activity that seemed reasonable. The agent may take the wrong action, affect the wrong app or data, or go beyond the spirit of your request.

You use the Service at your own risk. You are solely responsible for supervising the agent, for the consequences of actions it takes on your device and accounts, and for any resulting loss or damage. DustyWire does not warrant that any authorization or run will be accurate, safe, complete, or fit for your purpose.

Do not use the Service for high-stakes or irreversible work without close supervision.

5. Your responsibilities

• You must have the legal right to use the computer, accounts, data, and software the agent interacts with.
• You are responsible for granting and managing operating-system permissions the Service requires and for keeping your password and API keys confidential.
• You are responsible for all activity under your account, including usage that consumes credits.
• You must comply with applicable law and with the terms of any third-party services the agent uses on your behalf.

6. Prohibited use

You may not use the Service to:

• Violate law, or the rights or terms of any person or service.
• Access systems, accounts, or data without authorization.
• Commit fraud, distribute malware, harass others, or cause harm.
• Attempt to reverse engineer, disrupt, or abuse the Service or its providers beyond ordinary use.

We may suspend or terminate accounts that we reasonably believe violate these Terms.

7. Accounts, credits & billing

New accounts may receive a signup credit. Additional credits may be purchased through our payment processor (Stripe). Credits are prepaid and are used to pay for model usage routed through our hosted service, subject to our pricing and markup rules as shown at purchase or in your account.

• Consumed credits are not refundable.
• Unused purchased credits may be refundable only if required by law or if we agree in writing.
• Prices, models, and markup may change; changes apply going forward.
• We may refuse, limit, or cancel transactions that appear fraudulent or abusive.

8. Third-party models & services

To run the agent, prompts, screenshots, and related context may be sent to us and to third-party model providers and infrastructure we use. Their availability and behavior are outside our full control. How we handle that data is described in our Privacy Policy. The Service may also interact with third-party apps and websites on your machine; those products have their own terms and privacy practices.

9. Intellectual property

DustyWire and the Service (including software, branding, and site content) are owned by us or our licensors. You receive a limited, personal, non-exclusive, non-transferable license to use the Service as allowed by these Terms. You retain rights to your own content; you grant us the rights needed to operate the Service for you (for example transmitting screenshots and prompts to run a request).

10. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT AGENT ACTIONS WILL MATCH YOUR EXPECTATIONS OR ANY AUTHORIZATION YOU GIVE.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DUSTYWIRE AND ITS OPERATORS, AFFILIATES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, GOODWILL, BUSINESS, OR OPPORTUNITY, OR FOR DAMAGE ARISING FROM AGENT ACTIONS ON YOUR COMPUTER OR ACCOUNTS — INCLUDING AFTER YOU AUTHORIZE ACTIVITY — WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR CREDITS IN THE THREE MONTHS BEFORE THE CLAIM OR (B) FIFTY U.S. DOLLARS (US $50).

12. Indemnity

You will defend and indemnify DustyWire and its operators against claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your content, your violation of these Terms, or actions the agent takes while operating under your account or direction.

13. Termination

You may stop using the Service at any time. We may suspend or terminate access if you violate these Terms, if required by law, or if we discontinue the Service. Provisions that by their nature should survive (including risk assumption, disclaimers, liability limits, and indemnity) survive termination.

14. Changes

We may update these Terms from time to time. The effective date above will change when we do. Continued use after an update means you accept the revised Terms. If you do not agree, stop using the Service.

15. Governing law, arbitration & venue

These Terms are governed by the laws of the State of Delaware, U.S.A., without regard to conflict-of-law rules, except where mandatory consumer protections in your jurisdiction require otherwise.

Except for claims that qualify for small-claims court, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered in Delaware. You and we waive any right to a jury trial and to participate in a class, collective, or representative action. Judgment on the award may be entered in any court with jurisdiction.

If a court finds the arbitration agreement unenforceable as to a particular claim, that claim must be brought exclusively in the state or federal courts located in Delaware, and you consent to that venue.

These Terms are the entire agreement between you and us regarding the Service. If a provision is unenforceable, the rest remains in effect. Questions: contact us via dustywire.com.