Legal

Terms of Service

Last updated October 29, 2026

1. Acceptance, eligibility and accounts

These Terms of Service ("Terms") are a binding agreement between you and Aether Intelligence, Inc., doing business as Damon ("Damon," "we," "us"). They govern your use of heydamon.ai, the Damon web and mobile apps, our APIs, and related services (the "Service"). By creating an account, clicking to accept, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

Section 9 has a binding arbitration agreement and a class action waiver. Please read it.

1.1 Eligibility. You must be at least 18 and able to form a binding contract. The Service is offered to users in the United States. If you use it from elsewhere, you do so on your own initiative and are responsible for complying with local law.

1.2 Using Damon for an organization. If you accept these Terms for a company or other organization, you represent that you have authority to bind it. "You" then means that organization, and it is responsible for its members' use of its workspace.

1.3 Accounts. You must give accurate registration information and keep it current. You are responsible for all activity under your account, including activity by agents, workflows and automations you configure. Keep your credentials secure and tell us promptly at contact@heydamon.ai about any unauthorized use.

1.4 Workspaces. Each account has a personal workspace and can belong to organization workspaces. Content belongs to the workspace it was created in. The workspace owner (for a personal workspace, you; for an organization, the organization) controls membership, settings and that content. Workspace admins can add or remove members, change permissions and delete content. Members who leave an organization workspace lose access to its content.

1.5 Changes to these Terms. We may update these Terms. For material changes, we will notify you by email or in the Service at least 30 days before they take effect, except for changes required by law or for new features, which take effect immediately. If you keep using the Service after changes take effect, you accept them. If you do not agree, stop using the Service and cancel your subscription.

2. The Service, agents and autonomous actions

2.1 What Damon does. Damon provides AI agents that work across your workspace and Connected Services (section 4). Depending on your plan and settings, agents can:

  • read and search your Content and connected accounts
  • draft and send email, post messages, and create or update calendar events, tasks, files and CRM records
  • run code in sandboxes, and open branches in code repositories
  • browse and search the web
  • build and run workflows on schedules, webhooks or events, without you present

2.2 You direct the agents. Agents act on your behalf and under your account. Actions an agent takes on instructions you or your workspace members give, or under workflows, triggers and policies you configured, are your actions, and you are responsible for them as if you took them yourself. That includes emails sent, messages posted, and records changed or deleted in Connected Services.

2.3 Approvals and autonomy policy. Each workspace has an autonomy policy that decides which kinds of actions an agent may take on its own and which need a human to approve. Workspace settings show which actions need approval. If you or a workspace admin changes these settings to let agents act without approval, you accept the risk of those actions. Approving an action means you have reviewed it. Damon does not review agent actions before they run.

2.4 Background and scheduled runs. Workflows and triggered runs may execute when no one is watching. They run with the permissions of the person who set them up. You are responsible for monitoring them and turning them off when they are no longer wanted. Anyone with a workflow's webhook URL can trigger it, so keep webhook URLs secret.

2.5 Changes and beta features. We may add, change or remove features, models and integrations. Features labeled beta, preview or experimental are provided as-is, may change or end, and may have bugs. We have no obligation to keep them.

2.6 Support and availability. We provide support by email at contact@heydamon.ai on a commercially reasonable basis. We do not commit to any uptime or service level unless we agree to one in a separate written agreement.

3. Your Content, AI Output and licenses

3.1 Your Content. "Content" means anything you or your workspace members submit to the Service, plus data the Service receives from accounts you connect. As between you and Damon, you own your Content. You represent that you have all rights and consents needed to submit it and to have us process it as these Terms describe. That includes consent from people whose personal information appears in it, such as your email correspondents, and from anyone you record or transcribe with the Service where the law requires it.

3.2 Output. "Output" means content the Service generates for you, such as agent responses, drafts, summaries, generated files, images, video and code. As between you and Damon, and to the extent the law allows, you own Output and we assign to you any rights we have in it. Output may not be unique: other users may receive similar output, and you get no rights in theirs. AI-generated material may not be protected by copyright.

3.3 License to us. You grant Damon a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, index and display your Content and Output only to provide, secure and support the Service for you, and as described in our Privacy Policy. This includes sending it to our subprocessors, such as AI model providers. We do not use your Content or Output to train AI models that serve other customers.

3.4 Usage data. We may collect and use metadata and usage information about how the Service operates (for example, feature usage, performance and credit consumption) to run, improve and secure the Service. We disclose it outside Damon only in aggregated or de-identified form.

3.5 Feedback. If you send us suggestions or feedback, we may use them without restriction or compensation.

3.6 Our property. Damon and its licensors own the Service, including its software, models, prompts, design, templates provided by Damon, and trademarks. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription. We reserve all rights not expressly granted.

4. Third-party services and AI providers

4.1 Connected Services. The Service lets you connect third-party products, such as email, calendar, file storage, messaging, project management, CRM and code hosting services, and custom MCP servers ("Connected Services"). The available integrations change over time. When you connect one, you authorize Damon to access and act in that account within the permissions you grant, on your behalf. Your use of each Connected Service is governed by your agreement with its provider. You are responsible for complying with those terms, including any limits on automated access. We do not control Connected Services and are not responsible for their availability, security, data handling or changes to their APIs. If a provider changes or withdraws access, related features may stop working.

4.2 Credentials you give us. If you give us credentials or endpoints for systems you operate, you are responsible for scoping them to the least access needed and for the security of those systems.

4.3 AI model providers. Agents run on large language models and other AI models from third parties and their hosting providers. We may change the models available at any time. Models you choose are subject to their providers' usage policies, which are part of our Acceptable Use rules in section 5.

4.4 Third-party templates and Library items. Skills, workflows, agents and bundles published by other users or imported from third-party sources are provided by their authors, not by Damon. They may be subject to their own license terms. Review a Library item, including the permissions and integrations it requests, before you install or run it. We do not warrant third-party items.

5. Acceptable use, code execution and the Library

5.1 Acceptable use. You will not, and will not direct agents to:

  • break the law, or infringe or misappropriate anyone's intellectual property, privacy or publicity rights
  • send spam or unsolicited bulk messages, or violate anti-spam, telemarketing or consumer-protection laws (such as CAN-SPAM and the TCPA)
  • harass, defraud, impersonate or mislead people, including by presenting AI-generated content as written by a human where the law requires disclosure
  • collect or process personal information without a lawful basis or required notice, or use the Service to make eligibility decisions about people's employment, credit, housing, insurance or education without the human review and notices the law requires
  • upload or process protected health information, payment card data, or government ID numbers unless we have agreed to it in writing
  • create malware, attack or probe systems you do not own, or bypass security or usage limits of the Service or a Connected Service
  • access the Service by automated means outside the features and APIs we provide, resell it without our permission, or use it to build a competing product
  • reverse engineer the Service, or try to extract its models, prompts or other users' data
  • generate content that sexualizes minors, promotes violence or terrorism, or otherwise violates the usage policies of our AI model providers

5.2 Code execution. The Service may run code written by you, your agents or Library authors in isolated sandboxes, some of which have internet access. You are responsible for that code and what it does, including network requests it makes. Do not use sandboxes for cryptocurrency mining, attacks, scraping in breach of a site's terms, or other activity this section prohibits. We may limit sandbox time, resources and network access.

5.3 Publishing to the Library. You can publish skills, workflows, agents and bundles to the public Damon Library. When you publish publicly:

  • The item's content (for example, a skill's instructions, a workflow's steps or an agent's goals), its name, description, tags, required integrations, install count and your namespace handle become publicly visible, including to people without an account and to search engines.
  • You grant Damon and every Damon user a worldwide, non-exclusive, royalty-free, perpetual license to use, copy, modify, install and run the item, and to display it to promote the Service. Copies already installed by others stay in their workspaces if you unpublish.
  • You represent that you have the right to publish it and that it contains no confidential information, credentials or personal information about others.
  • We may review items with automated and human moderation, and may refuse, de-index, edit metadata of or remove any item at any time.

5.4 Enforcement. We may investigate suspected violations and remove Content, disable integrations, pause workflows, or suspend accounts, without prior notice where needed to prevent harm. Report abuse or infringement to contact@heydamon.ai.

5.5 Copyright complaints. We respond to notices of alleged infringement under the Digital Millennium Copyright Act. Send notices to our designated agent at contact@heydamon.ai. We will terminate repeat infringers in appropriate circumstances.

6. Fees, credits and billing

6.1 Plans. The Service is offered on a free plan and on paid subscription plans billed in advance for each billing period, per workspace, with additional charges for extra seats. Current plan prices, billing periods, included credits, storage and overage rates are on our pricing page, which is part of these Terms.

6.2 Credits. AI usage (model requests, image and video generation, and similar compute) consumes credits. The number of credits a request uses depends on the model and the amount of input and output, and is shown in the Service. How many credits each plan includes, how often they renew, and whether unused credits carry over are shown on the pricing page. Credits have no cash value, are not refundable or transferable, and expire when your account or subscription ends.

We may change how many credits a model or feature consumes. We will reflect changes in the Service before they apply.

6.3 Overage. If overage billing is on for your workspace, usage beyond your plan's credits is charged at the overage rate for your plan, up to the spending cap you set, and invoiced with your next bill or when the cap is reached. When you add a payment method on the free plan, or when a paid plan is cancelled and the workspace drops to the free plan with a card on file, overage turns on automatically with the default monthly cap shown in billing settings. You can change the cap or turn overage off in billing settings at any time. When credits run out and overage is off or capped, AI features pause until credits renew.

6.4 Payment. You authorize us, through our payment processor, to charge your payment method for subscription fees, seats and overage when they are due. Fees exclude taxes, which you are responsible for (other than taxes on our income). If a payment fails, we may retry, mark your account past due, and limit or suspend paid features until it is paid.

6.5 Automatic renewal. Paid subscriptions renew automatically at the end of each billing period until cancelled. You can cancel at any time in billing settings. Cancellation takes effect at the end of the current billing period, after which your workspace moves to the free plan. We will send any renewal reminders state law requires.

6.6 Plan changes. Upgrades take effect right away, with a prorated charge for the rest of the period. Downgrades take effect according to the proration shown at checkout. If you downgrade below your storage or seat usage, some features may be limited until you are within the new plan's limits.

6.7 No refunds. Fees are non-refundable, including for partial billing periods, unused credits and unused seats, except where the law requires a refund.

6.8 Price changes. We may change prices with at least 30 days' notice by email or in the Service. New prices apply from your next billing period after the notice period. If you do not agree, cancel before they take effect.

6.9 Billing disputes. Tell us at contact@heydamon.ai within 60 days of a charge you believe is wrong. Please contact us before filing a chargeback.

7. Disclaimers, limitation of liability and indemnity

7.1 AI is not always right. Output is generated by AI models and may be inaccurate, incomplete, outdated, offensive or not fit for your purpose, even when it sounds confident. Agents can misread instructions, take the wrong action, or act on wrong information from a Connected Service or the web. Output is not legal, financial, medical, tax or other professional advice. You are responsible for evaluating Output and for decisions and actions you take based on it, including actions you allow agents to take without approval.

7.2 Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE, OUTPUT AND LIBRARY ITEMS ARE PROVIDED "AS IS" AND "AS AVAILABLE." DAMON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DATA WILL NOT BE LOST, OR THAT ANY AGENT, WORKFLOW OR SYNC WILL RUN AS EXPECTED. Keep your own copies of important data.

7.3 Limitation of liability. TO THE FULLEST EXTENT PERMITTED BY LAW:

  • DAMON WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL OR DATA, OR FOR THE COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
  • DAMON IS NOT LIABLE FOR ACTIONS TAKEN BY AGENTS OR WORKFLOWS YOU CONFIGURED OR APPROVED, OR FOR CONTENT SENT, DELETED OR CHANGED IN A CONNECTED SERVICE AS A RESULT, EXCEPT TO THE EXTENT CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
  • DAMON'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID DAMON IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) US $100.

These limits apply to all theories of liability and even if a remedy fails of its essential purpose. Some states do not allow certain exclusions or limits. In those states, they apply only to the extent the law permits, and nothing in these Terms limits rights you have under law that cannot be waived.

7.4 Indemnity. You will defend, indemnify and hold harmless Damon and its officers, employees and agents from third-party claims, and related losses and costs (including reasonable attorneys' fees), that arise from:

  • your Content, or our processing of it as you instructed
  • your use of Connected Services, or actions taken in them by agents you configured or approved
  • your violation of these Terms, the law, or a third party's rights
  • Library items you publish

If you are a consumer using the Service for personal purposes, this section applies only to the extent the law of your state permits.

8. Term, suspension and termination

8.1 Term. These Terms apply from when you first accept them until your account is closed.

8.2 By you. You may stop using the Service at any time. To close your account or an organization workspace you own, email contact@heydamon.ai from your account email.

8.3 By us. We may suspend or terminate your access, in whole or part, if:

  • you breach these Terms
  • payment is overdue
  • your use creates security, legal or operational risk for Damon, other users or third parties
  • we are required to by law
  • we discontinue the Service

Where practical and lawful, we will give notice first and a chance to fix the problem. If we discontinue the Service for reasons other than your breach, we will give at least 30 days' notice and refund any prepaid fees for the period after termination.

8.4 Effect of termination. When your account or workspace is terminated:

  • your right to use the Service ends, and scheduled workflows and agent runs stop
  • connections to Connected Services are revoked
  • unused credits are forfeited, and fees already owed remain due
  • we will delete your Content as described in our Privacy Policy, except where we must keep it longer by law or for security, and except backups, which age out on their normal schedule

Before closing your account, download anything you want to keep (for example, files from Drive). On request within 30 days of termination, we will make reasonable efforts to provide an export of your Content, unless we terminated for your breach.

8.5 Inactive free accounts. We may delete free-plan workspaces that have had no sign-in for 12 months, after at least 30 days' notice by email.

9. Disputes, governing law and general terms

9.1 Governing law. These Terms are governed by the laws of the State of Delaware and the Federal Arbitration Act, without regard to conflict-of-laws rules.

9.2 Informal resolution first. Before filing a claim, either party must send a written notice describing the dispute and the relief sought (to us at contact@heydamon.ai and our mailing address below). Both parties will try in good faith to resolve it within 60 days.

9.3 Binding individual arbitration. Any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA"). The AAA Consumer Arbitration Rules apply if you use the Service for personal purposes; otherwise the AAA Commercial Arbitration Rules apply. The arbitrator decides all questions of arbitrability. Hearings may be held by video or in your county of residence. For consumers, we will pay filing and arbitrator fees beyond what you would pay to file in court, unless the arbitrator finds your claim frivolous.

9.4 Exceptions. Either party may bring an individual claim in small claims court. Either party may seek injunctive relief in court for infringement or misuse of intellectual property or for unauthorized access to the Service.

9.5 Class action waiver. Claims may be brought only individually, not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. If this waiver is found unenforceable for a claim, that claim goes to court and not to arbitration.

9.6 Mass arbitration. If 25 or more similar demands are filed by or with the help of the same counsel, they will be administered in batches of up to 50 under the AAA's mass arbitration procedures. Statutes of limitation are tolled while a demand waits in a batch.

9.7 Opt-out. You may opt out of this arbitration agreement by emailing contact@heydamon.ai within 30 days after you first accept these Terms, with your name, account email and a statement that you opt out.

9.8 Venue. Any claim not subject to arbitration will be heard in the state or federal courts in New Castle County, Delaware (or in your home county if you are a consumer and the law requires it). Both parties consent to personal jurisdiction there.

9.9 General. These Terms, plus any order form or plan terms you accept, are the entire agreement on this subject. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent. We may assign them in a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control. Notices to you may be sent to your account email or shown in the Service. Notices to us go to contact@heydamon.ai and Aether Intelligence, Inc., 1111b South Governors Ave, STE 40718, Dover, DE 19904. Sections that by their nature should survive termination will survive, including 3, 6 (amounts owed), 7, 8.4 and 9.