Effective Date: April 21, 2026
These Terms of Service (the "Terms") govern your subscription to and use of the Acerox™ AI agent as a service (the "Service") provided by Current Orchard LLC dba DaveryAI™ ("we," "us," or "our"). The Terms form a binding agreement between you and us, incorporating subscription, license, and acceptable use provisions. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of the Terms, you must not use the Service.
The Service is a subscription-based AI as a service platform that provides you with a managed, dedicated Acerox™ AI agent running on a separate private virtual server. The Service includes managed AI capabilities, data storage, and optional add-on features, with additional customization, integrations, or specialized workflows available as needed and for an additional charge. We provide the underlying infrastructure, while you retain control over your data and the Acerox™ AI agent's usage.
To use the Service, you must be at least 18 years old and have the legal capacity to enter into a binding contract. You represent and warrant that all information you provide to us is accurate, complete, and current, and that your use of the Service complies with all applicable laws, including export control laws and sanctions. We reserve the right to refuse or terminate access to the Service if you do not meet these eligibility requirements.
Your access to the Service is provided on a subscription basis. Subscriptions are billed monthly in advance and automatically renew at the end of each term unless cancelled. You may cancel your subscription at any time by emailing [email protected], with cancellation taking effect at the end of the current billing period. We may offer free trials, during which no payment information is required; however, continued use after the trial period requires payment to avoid interruption. Fees are as specified in your order form or on our pricing page, and we may adjust fees upon 30 days' written notice. All fees are exclusive of taxes, which you agree to pay. We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service solely for your internal business purposes during the subscription term, subject to these Terms. This license does not include the right to sublicense, resell, distribute, or modify the Service. All rights not expressly granted herein are reserved by us.
You agree to use the Service only for lawful purposes and in compliance with these Terms. You may not use the Service to engage in illegal activities, transmit harmful or abusive content, send spam or viruses, infringe on third-party rights, overload or disrupt the Service, or attempt to gain unauthorized access to our systems or other users' data. Additionally, you may not reverse engineer, decompile, or extract our proprietary technology, configurations, or processes. You must comply with all applicable export control laws and sanctions, and you may not use the Service in prohibited jurisdictions. We reserve the right to monitor use of the Service for compliance and may suspend or terminate your access for violations of this policy without notice.
Your Acerox™ AI agent includes a built-in web browser capable of logging into websites and online accounts on your behalf, provided you choose to share your login credentials. Any credentials you provide to your agent are stored on your dedicated virtual private server. DaveryAI™ does not access, collect, or store your third-party account credentials. You are solely responsible for any actions your agent takes on your accounts and for maintaining the security of any credentials you share.
The Service is offered on a flat-rate subscription basis and is intended for ordinary internal business use by the subscribing customer. In order to preserve service quality, platform stability, and pricing fairness across all customers, your use of the Service is subject to this Section 4A.
Use of the Service that is excessive, abusive, unusually resource-intensive, or materially outside normal expected usage for the applicable subscription plan may be reviewed by us under this Section 4A. Without limiting our discretion, we may consider the following in determining whether use exceeds fair use: unusually high message or request volume; excessive automation, scheduled jobs, or background processing; repeated long-running or high-compute tasks; abnormal storage, memory, or file usage; activity that creates disproportionate third-party API or infrastructure cost; or usage that degrades service reliability, performance, or availability for other customers.
If we determine that your usage exceeds fair use, we may, in our sole discretion, take measures reasonably necessary to protect the Service and other customers, including by requesting that you reduce or modify usage, applying rate limits, suspending or restricting specific features or workloads, resetting sessions or context windows, requiring migration to a higher-tier or custom plan, applying overage pricing where offered by us in writing, or suspending the Service in cases of continued, excessive, or abusive use. Where commercially reasonable, we will attempt to provide notice before taking such action, but we are not obligated to do so where immediate action is reasonably necessary to protect the platform, other customers, or third-party services.
The following are prohibited and are not authorized by any subscription plan: use of the Service for spam, abuse, denial-of-service, or other harmful activity; attempts to circumvent pricing, quotas, technical limitations, or product restrictions; unauthorized resale, sublicensing, timesharing, or account sharing; automated extraction of disproportionate compute or API value from flat-rate pricing; and any unlawful, fraudulent, or malicious activity.
Customers with higher-volume, enterprise, or otherwise atypical workloads may contact us for a custom commercial arrangement. We may update or apply this Section 4A in connection with amendments to these Terms pursuant to Section 16.
We strive to maintain high availability of the Service and target 99.5% uptime, excluding scheduled maintenance, force majeure events, or issues beyond our reasonable control. However, we do not guarantee any specific level of uptime or availability, and no service level agreement or uptime guarantee is provided. In the event of service disruptions, we will use commercially reasonable efforts to restore the Service promptly. You acknowledge that occasional downtime may occur and that such downtime does not entitle you to any refund, credit, or other remedy.
The Service is powered by large language models and may produce outputs that are inaccurate, incomplete, biased, or otherwise unreliable. You are solely responsible for verifying all outputs before relying on them and for ensuring that your use of the Service complies with applicable laws. The models have built-in restrictions on certain content, such as illegal or adult material, and we do not guarantee that the Service will meet all your specific requirements. You acknowledge that you are in full control of the agent's actions and will be responsible for its activities. The Acerox™ AI agent operates on your dedicated virtual server and may autonomously modify its own configuration files, session data, memory, and operational parameters in the course of providing the Service. Any such modifications made by the agent are made on your behalf and are your responsibility. We are not responsible or liable for any changes the agent makes to its own files or configurations, including any unintended, unexpected, or erroneous modifications, provided such changes do not compromise platform security, proprietary platform instructions, or access controls reserved by us under these Terms.
You retain ownership of all data you provide to the Service and any outputs generated specifically for you. Custom tools, documents, applications, websites, and other work product created by your Acerox™ AI agent specifically for your business are yours to keep. These work products are designed to operate independently and remain your property even after termination of the Service. Upon cancellation or termination, your data export will include: conversations, files you shared, documents and tools your agent created for you, custom skills, codes, and software built specifically for your business, your persona design, and your profile information. We retain ownership of our platform technology, system configurations, operational processes, universal skill library, and proprietary agent instructions and configurations — these are not included in data exports. The Service uses open source software, which is licensed under the MIT License (https://opensource.org/licenses/MIT). A list of open source components and their respective licenses is available upon request. Open source software components are provided to you "as is" without additional warranties or support, and you agree to comply with the terms of the applicable open source licenses. Any feedback or suggestions you provide regarding the Service may be used by us to improve it without any obligation to compensate you.
Your use of the Service is also governed by our Privacy Policy, which is incorporated herein by reference. We process your data as described in the Privacy Policy, including through third-party AI providers for generating responses. Such processing is necessary to provide the Service, and you consent to it by using the Service.
You may terminate your subscription at any time by providing notice via email to [email protected], with termination effective at the end of your current billing period. We may terminate or suspend your access to the Service immediately for material violations of these Terms, non-payment, or if required by law, or for any other reason with 30 days' notice. Upon termination, your access to the Service will end, and we will provide an export of your data within a reasonable time. You will have 30 days to download the exported data before it is permanently deleted. Provisions that by their nature should survive termination (such as intellectual property rights, limitation of liability, and indemnification) will continue in effect.
The Service is provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. WE DO NOT WARRANT, AND DISCLAIM, ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, FIT FOR ANY PARTICULAR PURPOSE, OR THAT AI-GENERATED OUTPUTS WILL BE ACCURATE OR COMPLETE. Open source components included in the Service are provided without warranties.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You agree to indemnify, defend, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.
Neither party shall be liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or governmental actions.
You agree to comply with all applicable laws, including anti-corruption laws, anti-slavery laws, and export control regulations. You represent that you are not located in a prohibited jurisdiction and will not use the Service for prohibited purposes.
These Terms shall be governed by the laws of the State of Texas, without regard to conflict of laws principles. Any disputes arising from these Terms shall be resolved through binding arbitration in Houston, Texas, under the rules of the American Arbitration Association. The prevailing party in any dispute shall be entitled to recover reasonable attorneys' fees.
We reserve the right to amend, modify, or update these Terms at any time and at our sole discretion, without prior notice to you. Any such amendments will be effective immediately upon posting the revised Terms on our website or within the Service. It is your responsibility to review these Terms periodically for changes. Your continued use of the Service following the posting of any amendments constitutes your acceptance of such amendments. If you do not agree with any amended Terms, your sole remedy is to cancel your subscription in accordance with Section 9 of these Terms.
Acerox™, DaveryAI™, and all related names, logos, trade names, service marks, and trade dress are the exclusive property of Current Orchard LLC. Nothing in these Terms grants you any right, license, or permission to use our trademarks, service marks, logos, or trade names in any manner, including but not limited to advertising, publicity, or endorsement, without our prior written consent. Any unauthorized use of our marks is strictly prohibited and may constitute a violation of applicable trademark laws.
Notices under these Terms shall be sent via email to the address you provided. We may assign these Terms without your consent in connection with a merger or acquisition. You may not assign without our written consent. If any provision is held invalid, the remainder shall remain in effect. These Terms constitute the entire agreement between you and us and supersede all prior agreements.
By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.