Terms of Service

Last updated: February 16, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and decky ("we," "us," or "decky") governing your access to and use of the decky.dev website, platform, applications, and related services (collectively, the "Service"). By creating an account, signing in, or otherwise accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.

If you are using the Service on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" will include that organization.

2. Eligibility

You must be at least 13 years of age (or the minimum age required in your jurisdiction to consent to use online services) to use the Service. If you are under 18, you must have the consent of a parent or legal guardian. By using the Service, you represent that you meet these requirements and that you will not use the Service in violation of any applicable law or these Terms.

3. Account Registration and Security

You may need to register for an account to access certain features. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your credentials or from unauthorized use of your account.

4. Description of the Service

decky provides an AI-powered website builder and hosting platform. The Service may include, without limitation: generation of website content and design based on your inputs; hosting of websites on subdomains (e.g., yoursitename.decky.dev) and on custom domains that we own and license to you on a yearly basis; template selection and customization; DNS and SSL management for licensed domains; content management and editing; and related tools and APIs. We may add, modify, or discontinue features at any time. We will use reasonable efforts to provide advance notice of material changes when practicable.

5. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable law, regulation, or third-party right.
  • Infringe or misappropriate any intellectual property, privacy, or other rights of any person or entity.
  • Distribute malware, viruses, or other harmful code, or attempt to gain unauthorized access to any system, network, or data.
  • Transmit spam, phishing, or unsolicited commercial messages.
  • Host content that is defamatory, obscene, harassing, threatening, discriminatory, or that promotes violence, illegal activity, or harm to minors.
  • Impersonate any person or entity or misrepresent your affiliation.
  • Interfere with or disrupt the integrity or performance of the Service or any third-party data or systems.
  • Scrape, crawl, or use automated means to access the Service without our prior written consent, except for standard indexing by search engines.

We reserve the right to suspend or terminate your access to the Service and to remove or disable content that we reasonably believe violates these Terms or poses a risk to the Service or others, without prior notice when we deem it necessary.

6. Your Content and Intellectual Property

You retain ownership of content you submit, post, or display through the Service ("Your Content"). By using the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, host, store, reproduce, modify, and display Your Content solely to provide, operate, and improve the Service (including backup, CDN delivery, and technical processing). This license continues for a reasonable period after you remove content or close your account to allow us to fulfill our obligations and enforce our rights.

You represent and warrant that you own or have the necessary rights to grant the above license and that Your Content does not violate these Terms or any third-party rights. We do not claim ownership of Your Content. Our name, logo, and the look and feel of the Service are our intellectual property; you may not use them without our prior written consent except as necessary to use the Service in accordance with these Terms.

7. Payment, Billing, and Refunds

Certain features of the Service are paid. You agree to pay all fees associated with your selected plan or add-ons in accordance with the pricing displayed at the time of purchase. Domain use is licensed on a yearly basis; fees for domains are billed in advance for each one-year period. All fees are in U.S. dollars unless otherwise stated and are non-refundable except as required by law or as explicitly stated in our refund policy (e.g., we may offer a limited refund window for annual plans). We may change our pricing upon reasonable notice; continued use after the effective date of a price change constitutes acceptance.

Payment processing is handled by third-party providers (e.g., Stripe). You agree to provide current and valid payment information and authorize us to charge your payment method for all applicable fees. Failure to pay may result in suspension or termination of your account and access to paid features (including revocation of your license to use any domain we own). You are responsible for any taxes (excluding our income taxes) that apply to your use of the Service.

8. Domains We Own — Yearly License

We own the custom domains made available through the Service. We do not sell or transfer ownership of domains to you. Instead, we grant you a revocable, non-exclusive, non-transferable license to use a designated domain(s) for your website(s) for the applicable yearly period, subject to your payment of the annual fee and compliance with these Terms.

Your right to use a domain is limited to the term you have paid for. To continue using the domain after that period, you must renew and pay the then-current annual fee. If you do not renew, we may reassign the domain, point it elsewhere, or discontinue its use for your site, and your license to use it ends. We are not obligated to offer renewal or to keep any domain available.

We retain full ownership and control of the domain registration, DNS, and SSL configuration. We may use third-party registrars and DNS providers to operate our domains. You do not acquire any ownership or registrant rights in the domain. We may revoke or reassign your license if you breach these Terms, fail to pay, or if we discontinue the Service or the domain offering. We are not responsible for delays or failures in DNS propagation or third-party systems.

9. Promotions

We may offer promotional periods or discounts. We may modify or discontinue promotions at any time. Only one promotion per user or per payment method may apply, as we determine.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT GENERATED BY OR THROUGH THE SERVICE (INCLUDING AI-GENERATED CONTENT). YOU USE THE SERVICE AT YOUR OWN RISK.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DECKY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, USE, OR GOODWILL) ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to indemnify, defend, and hold harmless decky and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Service, (b) Your Content, (c) your violation of these Terms or any law or third-party right, or (d) any dispute between you and any third party relating to the Service or your content. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense.

13. Termination

You may stop using the Service and close your account at any time through your account settings or by contacting us. We may suspend or terminate your access to the Service, with or without cause or notice, including for violation of these Terms. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive (including ownership, disclaimers, limitation of liability, indemnification, and governing law) will survive termination. We may retain your data as permitted by our Privacy Policy and for backup, legal, and operational purposes.

14. Changes to the Terms

We may modify these Terms from time to time. We will post the updated Terms on this page and update the "Last updated" date. For material changes, we may also provide notice by email or through the Service. Your continued use of the Service after the effective date of the changes constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Service. We encourage you to review these Terms periodically.

15. General Provisions

Governing Law. These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any dispute arising out of or related to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction there.

Entire Agreement. These Terms, together with our Privacy Policy and any other policies or guidelines we publish, constitute the entire agreement between you and decky regarding the Service and supersede any prior agreements.

Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms or our rights and obligations without restriction.

16. Contact

For questions about these Terms of Service, contact us at legal@decky.dev. For general support, email support@decky.dev.