These Terms of Service (the "Terms") govern your access to and use of the websites, applications, and services (collectively, the "Services") provided by d5s Ltd, a company in the process of being incorporated in England and Wales ("d5s", "we", "us"). By creating an account or using the Services, you agree to these Terms. If you are using the Services on behalf of an organisation, you represent that you have authority to bind that organisation, and "you" refers to that organisation.
We may update these Terms from time to time. If a change is material, we will give at least 30 days notice by email or an in product notice. Continued use of the Services after the effective date of an update constitutes acceptance.
1. Accounts and access
You must be at least 18 years old to use the Services. You are responsible for keeping your login credentials secure and for all activity that occurs under your account. Notify us at security@d5s.tech as soon as you suspect unauthorised use.
The Services are offered in two tiers:
- Individual accounts for personal or solo use, subject to these Terms.
- Organisation accounts for teams. Organisation administrators may manage members, projects, and billing. Any order form or written agreement signed with d5s governs in the event of a conflict with these Terms.
2. Acceptable use
You agree not to, and not to permit any third party to:
- reverse engineer, decompile, or attempt to discover the source code of the Services, except where such restriction is prohibited by law;
- use the Services to build a competing product, or to train a competing AI model or agent system;
- upload or process content that is unlawful, infringing, defamatory, or that you do not have the rights to submit;
- submit protected health information, payment card data, government identity numbers, or other categories of sensitive data unless we have agreed in writing that your use case is supported;
- use the Services to generate or distribute spam, malware, or content intended to deceive or defraud;
- probe, scan, or otherwise test the security of the Services without our prior written permission, or interfere with their operation;
- use the Services in safety critical environments or for decisions that require human review in regulated contexts, without appropriate independent safeguards.
We may suspend access without notice if we believe your use is causing harm, violating these Terms, or exposing d5s or other users to legal risk. Where practical, we will restore access once the issue is resolved.
3. Your content and licence to d5s
You retain ownership of the code, data, prompts, files, and other material you submit to the Services ("Customer Content"). You grant d5s a worldwide, non exclusive, royalty free licence to host, copy, transmit, and process Customer Content solely as needed to operate, secure, and improve the Services for you. We do not use Customer Content to train foundation models.
Some features rely on AI models operated by third parties (such as Anthropic, OpenAI, and providers reached via Vercel AI Gateway). Where Customer Content is sent to these providers, it is sent under contracts that prohibit use of the content for model training. The current list of sub processors is described in our Privacy Policy.
4. Outputs and AI warnings
The Services include AI agents that generate text, code, and take actions inside sandboxed environments. Outputs may be inaccurate, incomplete, or inappropriate for your use case. You are responsible for reviewing outputs before relying on them or acting on their suggestions, particularly when they are used to write code, change systems, send communications, or inform decisions that affect third parties.
Because the same prompt can produce different outputs for different users, we do not claim ownership over outputs produced for you. You may use them subject to these Terms and to the licences of any open source or third party material they incorporate.
5. Intellectual property
d5s and its licensors own all right, title, and interest in the Services, including the software, models, documentation, and brand. Feedback you provide may be used by d5s without restriction and without obligation to you.
6. Fees and billing
During our private beta, the Services are offered free of charge unless agreed otherwise in a signed order form. Once paid tiers are introduced, we will give notice by email at least 30 days before the first charge, and any subsequent price changes will follow the same notice period. Fees are exclusive of VAT and other applicable taxes, which you are responsible for paying.
7. Term and termination
These Terms apply for as long as you have an account or use the Services. You may terminate at any time by closing your account. We may terminate or suspend your access if you materially breach these Terms and do not cure the breach within 14 days of written notice, or immediately if the breach is not capable of cure.
On termination, we will delete Customer Content in line with the retention periods described in our Privacy Policy. Sections that by their nature should survive termination (including sections 3, 5, 8, 9, 10, and 11) will do so.
8. Warranties and disclaimer
The Services are provided "as is" and "as available". To the maximum extent permitted by law, d5s disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non infringement. We do not warrant that the Services will be uninterrupted, error free, or that outputs will be accurate.
Nothing in these Terms limits rights that cannot be limited under applicable consumer protection law, including the UK Consumer Rights Act 2015.
9. Limitation of liability
To the maximum extent permitted by law, d5s's aggregate liability arising out of or in connection with these Terms, whether in contract, tort, or otherwise, will not exceed the greater of (a) the fees you paid to d5s in the 12 months before the event giving rise to the claim, or (b) one hundred pounds sterling (GBP 100). In no event will d5s be liable for indirect, incidental, special, consequential, or exemplary damages, or for lost profits, revenue, goodwill, or data.
Nothing in this section limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded or limited under English law.
10. Indemnity
You will defend, indemnify, and hold harmless d5s, its affiliates, and their officers, employees, and agents from any claim brought by a third party arising out of your Customer Content, your breach of these Terms, or your use of the Services in violation of applicable law.
11. Governing law and disputes
These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
12. General
- Entire agreement. These Terms, together with the Privacy Policy and any order form, constitute the entire agreement between you and d5s concerning the Services.
- Assignment. You may not assign these Terms without our written consent. We may assign these Terms as part of a reorganisation, merger, or sale of assets.
- Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full effect.
- No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
- Notices. We may give you notice by email or an in product message. You may give us notice at legal@d5s.tech.
13. Contact
Questions about these Terms can be sent to legal@d5s.tech.