Terms of Service
The agreement between you and Viva Essence Ltd for using DeskWink, including the closed beta.
1. About these terms
DeskWink is operated by Viva Essence Ltd, a company registered in England and Wales with company number 16065477. Our registered office is 82a James Carter Road, Mildenhall, Bury St Edmunds, England, IP28 7DE. In these terms, “we”, “us” and “our” mean Viva Essence Ltd, and “you” means the person using DeskWink.
These terms apply to the DeskWink website (deskwink.com), the console (app.deskwink.com), the cloud service that connects AI apps to your computers (together, the “Service”), and the DeskWink command-line program (the “CLI”). By creating an account or using the Service you agree to these terms. If you use DeskWink for an organisation, you confirm that you have authority to accept these terms for it.
These terms include our Acceptable Use Policy, and our Privacy Policy explains how we handle personal data.
2. The Service
DeskWink lets an AI app that you choose, such as Claude or ChatGPT, work with folders on computers that you own or are authorised to use. You install the CLI on a computer, pair it with your account, choose the folders to share, and connect your AI app. Changes to files wait for your approval.
DeskWink is currently in closed beta. The Service may change, may be unavailable at times, and may contain errors. Do not rely on it for anything where a failure could cause serious harm or loss, and keep your own backups of files you care about.
3. Your account
- You must be at least 18 years old, or have the legal capacity to enter into a contract where you live.
- Give us accurate details and keep your sign-in secure. Tell us promptly at [email protected] if you think someone else has access.
- You are responsible for what happens under your account. That includes requests made by AI apps you connect, and the changes and commands you approve.
4. Your computers, folders and AI apps
- Only connect computers, folders and accounts that you own or are allowed to use for this purpose.
- You decide which folders to share and which abilities to switch on. Take care to share only what you are comfortable giving to the AI app you connect.
- AI apps are provided by other companies under their own terms and privacy policies. We do not control them, we are not affiliated with them, and whether you can use DeskWink with an app depends on that app and your plan with its provider. DeskWink does not provide AI models and does not change the plan limits of any AI service.
- Your files remain yours. You give us only the permission needed to carry file contents between your computer and the AI app you chose and to run the Service. We do not store file contents and we do not use them for any other purpose.
5. Approvals and backups
DeskWink asks for your approval before it changes a file. Read what you approve: an approved change is made on your computer. DeskWink saves a local backup of the original file before applying a change and keeps it for 7 days. That backup is a convenience, not a guarantee. It is stored on your computer, not by us.
6. Plans and fees
- Free (Closed Beta). Free during the beta. At the time of writing it includes up to 2 computers and 5,000 AI actions per month. The current limits are on our pricing page.
- Paid plans. Pro and Team are announced but cannot be bought yet. If and when they become available, we will show the price and what is included before you pay, and you will not be charged unless you choose a paid plan and complete payment. Additional terms for paid plans will be added before they are offered.
- Changes to the free plan. We may change the limits of, or end, the free plan or the closed beta. We will give you reasonable notice of material changes by email or in the Service.
7. Acceptable use
You must follow the Acceptable Use Policy. We can limit or suspend use that breaks it, that puts people or the Service at risk, or that the law requires us to stop.
8. Our software and intellectual property
We and our licensors own the Service and the CLI. We give you a limited, non-exclusive, non-transferable, revocable licence to install and use the CLI and to use the Service for your own purposes, as these terms allow. Open-source components keep their own licences. If you send us feedback or ideas, you allow us to use them without payment or obligation.
9. Availability and changes
We work to keep DeskWink running but do not promise that it will be available at all times or free of errors. Your computer must be on, awake, online and running DeskWink for it to work. We may update, suspend or discontinue features, including to maintain security.
10. Ending your use
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You can stop at any time: run
deskwink logoutto remove a computer, remove the connector from your AI app, and ask us to delete your account at [email protected] or from the console. - We may suspend or end your access if you break these terms, if we need to protect the Service or other people, if the law requires it, or if we stop offering the Service. Where reasonable we will tell you why.
- When your account is deleted, your computers are disconnected and your personal data is deleted as set out in the Privacy Policy.
11. What we do not promise
To the extent the law allows, the Service is provided “as is” and “as available”. AI apps can make mistakes. We do not promise that what an AI app does with your files will be correct, safe or suitable, and we are not responsible for the output or behaviour of AI apps run by other companies.
12. Limits on our liability
Nothing in these terms limits or excludes liability that cannot be limited or excluded by law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation.
Subject to that:
- we are not liable for loss of profit, revenue, goodwill or business opportunity, or for indirect or consequential loss;
- we are not liable for loss of data caused by changes you approve, by AI apps you connect, or by your own backups failing; and
- our total liability to you for all claims connected with the Service is limited to the greater of the fees you paid us in the 12 months before the event and £100.
If you are a consumer, these terms do not affect your legal rights that cannot be changed by agreement.
13. Changes to these terms
We may update these terms, for example when we add paid plans. We will change the “Last updated” date and give reasonable notice of material changes by email or in the Service. If you keep using the Service after changes take effect, you accept them. If you do not accept them, you can stop using the Service.
14. Governing law
These terms are governed by the law of England and Wales. The courts of England and Wales have jurisdiction, except that if you are a consumer living elsewhere in the UK, you may also bring a claim in the courts where you live, and you keep any mandatory consumer rights you have in your country of residence.
15. General
- These terms are the whole agreement between you and us about the Service.
- If a part of these terms is found to be unenforceable, the rest still applies.
- If we do not enforce a right straight away, we can still enforce it later.
- You may not transfer your rights under these terms without our written consent. We may transfer ours to a successor of the business.
- Nobody who is not a party to these terms has any right to enforce them under the Contracts (Rights of Third Parties) Act 1999.
16. Contact
Questions about these terms: [email protected]. Security reports: [email protected].