Introduction

These Terms of Service ("Terms") govern your access to and use of the Destaris desktop application and the destaris.ai website, together with any related cloud features (the "Service"), operated by Atypical (ABN 24 716 351 826) ("we", "us", or "our").

By downloading, installing, or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

1. Definitions

"App" means the Destaris desktop application.
"Workflows" means the automations you build and run with the App.
"Your Credentials" means the third-party accounts and API keys you connect to the App (for example AI vendor CLIs and email providers).
"Cloud Features" means the optional cloud functionality (such as run history and multi-machine coordination) available when you sign in.
"Service" means the App, the website, and the Cloud Features.
"User", "you" means any person who accesses or uses the Service.

2. About Destaris

Destaris is software for building and running automation Workflows. Your Workflows execute on your own machine, using Your Credentials. We act solely as a technology provider: we do not execute your Workflows for you, we do not custody Your Credentials, and we do not control or take responsibility for the actions your Workflows take or the third-party services they interact with.

3. Eligibility

To use the Service you must be at least 18 years of age. To purchase paid Cloud Features on behalf of a business, you must hold a valid ABN or equivalent business registration and have the legal authority to bind the business you represent.

4. Your Credentials and Third-Party Services

The App runs Workflows as you, using Your Credentials. You are solely responsible for:

Complying with the terms of any third-party service you connect (for example your AI vendor and email provider), including their usage and acceptable-use policies.
Any fees those providers charge you. We do not resell third-party usage, and we do not meter or charge for your Workflow runs.
Keeping Your Credentials secure on your machine.

5. Subscription and Payment

Paid Cloud Features are billed on a subscription basis. Subscription fees are non-refundable except as required by the Australian Consumer Law. If any payment is not received by the due date, we may charge interest on overdue amounts at a rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower) from the due date until the date of payment. The free desktop app does not require a subscription.

6. Acceptable Use

You agree not to use the Service to:

Violate any applicable law or regulation;
Infringe any intellectual property or other rights of any person;
Transmit any unlawful, harmful, threatening, defamatory, or otherwise objectionable material;
Attempt to gain unauthorised access to the Service or any related systems;
Interfere with or disrupt the Cloud Features or their infrastructure; or
Place undue load on, or abuse, any third-party service through your Workflows.

You must not copy, modify, adapt, decompile, disassemble, reverse engineer, or attempt to derive the source code of the App, the execution engine, or the Cloud Features (except to the extent this restriction is prohibited by law); create derivative works of the Service; sublicense, sell, resell, or distribute the Service; use the Service to build a competing product; or remove, alter, or obscure any proprietary notices.

7. Accounts and Identifiers

Account identifiers and similar identifiers assigned or selected through the Cloud Features are provided on a non-exclusive, revocable basis. We reserve the right to reclaim, reassign, or require changes to any identifier at any time, including for inactivity, violation of these Terms, potential confusion with our brand, technical requirements, or legal compliance. You have no ownership rights in any identifier and are not entitled to compensation if one is reclaimed or reassigned.

8. Intellectual Property

All intellectual property in the App, the website, the execution engine, and the Cloud Features (excluding Your Credentials and the Workflows and data you create) is owned by or licensed to us. The execution engine that the App is built on is our proprietary software and forms part of the Service. Nothing in these Terms grants you rights to our intellectual property except the limited right to use the Service in accordance with these Terms.

You retain ownership of the Workflows and data you create. Where you use Cloud Features, you grant us a limited, non-exclusive, royalty-free licence to store and process the run metadata necessary to provide those features.

9. Limitation of Liability

9.1 Liability cap. To the maximum extent permitted by law, our total liability to any User for any claims arising out of or in connection with these Terms or the Service is limited to the amount of subscription fees (if any) paid by that User in the 12 months preceding the claim.

9.2 Third-party services. The Service relies on third-party services and infrastructure (including hosting, authentication, and the AI and email providers you connect). We are not liable for any service failures, outages, interruptions, or performance issues caused by these third-party providers, and we do not guarantee continuous, uninterrupted, or error-free operation.

9.3 Your systems and your Workflows. Your Workflows run on your own machine. We are not responsible for any issues arising from your hardware, software, operating system, network, or technology environment, nor for the actions your Workflows take or their consequences. It is your responsibility to review what your Workflows do and to maintain appropriate security on your devices.

9.4 Data backup. You are solely responsible for maintaining backups of your Workflows and data. We do not guarantee that data will be recoverable in the event of failure or loss.

9.5 Exclusions. To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunities.

9.6 Consumer law. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded.

10. Indemnification

You agree to indemnify and hold us harmless from any claims, losses, damages, liabilities, and expenses (including legal fees) arising out of your use of the Service, your breach of these Terms, or your violation of any rights of a third party (including a third-party service you connect through Your Credentials).

11. Termination

You may stop using the Service at any time, and may cancel any paid subscription at any time. We may suspend or terminate your access to the Cloud Features at any time, with or without cause, and with or without notice. The App continues to run locally on your machine independently of any Cloud Features. Upon termination of Cloud Features, we will retain your associated cloud data for a period of 6 months, after which it may be deleted; during that period you may request a copy.

12. Modifications

We may modify, update, suspend, or discontinue the Service (or any part of it) at any time, with or without notice. We may also modify these Terms at any time by posting updated Terms, reflected by an updated date above. Your continued use of the Service after changes constitutes acceptance of the changes.

13. Confidentiality

Each party agrees to keep confidential, and not to use or disclose other than as permitted by these Terms, any confidential information of the other party. Confidential information includes business plans, pricing, technical information, and any other information that a reasonable person would understand to be confidential. These obligations do not apply to information that is public through no fault of the receiving party, was already known before disclosure, is independently developed, or is required to be disclosed by law.

14. Non-Disparagement

You agree that you (and you will ensure your employees, agents, and contractors) will not directly or indirectly disparage us, or make any statement or publication (whether oral, written, or online) that is intended or likely to bring us into disrepute or adversely impact our reputation.

15. Force Majeure

Neither party will be liable for any delay or failure to perform its obligations under these Terms caused by circumstances beyond that party's reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, civil unrest, government actions, power failures, or internet, telecommunications, or third-party service failures. If a force majeure event continues for more than 60 days, either party may terminate these Terms on 30 days' written notice.

16. Dispute Resolution

If a dispute arises out of or in connection with these Terms, a party must not commence court proceedings (except for urgent interlocutory relief) unless it has first attempted to resolve the dispute by negotiation. The party claiming a dispute must notify the other in writing. Within 14 days, authorised representatives of both parties must meet (in person or by video conference) and attempt in good faith to resolve it. If the dispute is not resolved within 28 days of the notice, either party may commence court proceedings.

17. General Provisions

17.1 Governing law. These Terms are governed by the laws of Tasmania, Australia. You submit to the exclusive jurisdiction of the courts of Tasmania.

17.2 Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force and effect.

17.3 Entire agreement. These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.

17.4 Assignment. You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations to another entity, in which case we will notify you.

18. Contact Us

If you have any questions about these Terms, please contact us at:

Atypical · ABN 24 716 351 826 · legal@destaris.ai