Terms of Service

By purchasing or using any AI Marketplace service (the "Service"), you ("Customer") agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Desmond Digital ("Provider," "we," "us," or "our").

If you are agreeing to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" and "Customer" shall refer to that entity.

AI Marketplace provides industry-specific AI agent services, including but not limited to:

• Deployment of OpenClaw Gateway instances on OVH VPS infrastructure
• Industry-specific AI agent configurations and prompt templates
• Channel integrations (Telegram, WhatsApp, Discord, Web UI)
• Monthly maintenance and support services
• Custom skill development and add-on packages

Specific service deliverables, features, and specifications are outlined in each service tier and customer agreement.

As a Customer, you agree to:

• Provide accurate, complete, and up-to-date information for service setup
• Maintain the security of your account credentials and access codes
• Not use the Service for any illegal, unauthorized, or harmful purposes
• Comply with all applicable laws, regulations, and industry standards
• Review and validate all AI-generated outputs before implementation
• Not attempt to reverse-engineer, modify, or tamper with the deployed infrastructure
• Report any security vulnerabilities or issues to us immediately

Setup Fees: One-time setup fees are due upon service purchase and are non-refundable once deployment has begun.

Monthly Subscriptions: Recurring monthly fees are billed in advance. You authorize automatic charges to your payment method.

Payment Methods: We accept payments via PayPal and Stripe. By providing payment information, you authorize us to charge the applicable fees.

Late Payments: Services may be suspended if payments are more than 7 days past due. A 5% late fee may apply to overdue amounts.

Cancellation: You may cancel monthly subscriptions at any time. Cancellation takes effect at the end of the current billing period. No refunds for partial months.

Price Changes: We reserve the right to modify pricing with 30 days' advance notice for existing subscribers.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Total liability for any claim shall not exceed the total amount paid by Customer for the specific service giving rise to the claim
• We are not liable for lost profits, lost revenue, lost data, or business interruption
• We are not liable for AI output inaccuracies, model hallucinations, or third-party API failures
• We are not liable for VPS downtime, network issues, or infrastructure failures beyond our control

CAP ON LIABILITY:

Our total liability to Customer for all claims arising from or related to the Service shall not exceed the greater of: (a) $5,000, or (b) the total fees paid by Customer in the 12 months preceding the claim.

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to:

• Natural disasters, acts of God, or extreme weather events
• War, terrorism, civil unrest, or governmental actions
• Internet infrastructure failures or cyberattacks
• Third-party API outages (OpenAI, Kimi, Anthropic, etc.)
• VPS provider (OVH) infrastructure issues
• Labor strikes or supply chain disruptions

In the event of a force majeure, we will use reasonable efforts to resume performance as soon as practicable.

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

Dispute Resolution: Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration shall be conducted in Delaware.

Waiver of Class Action: Customer agrees to resolve disputes on an individual basis and waives any right to participate in class action lawsuits or class-wide arbitration.

By Customer: You may terminate any subscription service at any time. Termination takes effect at the end of the current billing period. No prorated refunds for partial months.

By Provider: We reserve the right to terminate or suspend services immediately for: (a) violation of these Terms, (b) non-payment, (c) fraudulent activity, or (d) violation of applicable laws.

Effect of Termination: Upon termination, all access to services and customer data will be deleted within 30 days. Customer is responsible for exporting any needed data before termination.