Den Inc. ("Den," "we," "us" or "our")
251 Little Falls Drive, Wilmington, New Castle County, Delaware 19808
Legal notices: legal@getden.io
By accessing or using Den's web or desktop applications (the "Service"), you ("Customer" or
"you") agree to be bound by these Terms of Service (this "Agreement"). If you are accepting on
behalf of an entity, you represent that you have authority to bind it to this Agreement.
1. Definitions
- 1.1 "Authorized User" means an individual whom Customer authorizes to use the
Service under Customer's account.
- 1.2 "Customer Data" means all electronic data or information submitted by Customer
or its Authorized Users to the Service, including text, files, images, and other content.
- 1.3 "Den Materials" means the Service, Software, Documentation, templates, help
articles, and any other materials provided by Den.
- 1.4 "Order" means the ordering document or online screen referencing this Agreement
that specifies the subscribed plan, fees, seat counts or usage limits, and Subscription Period.
- 1.5 "Subscription Period" means the period set forth in an Order during which
Customer may access and use the Service.
- 1.6 "User Submission" means any Customer Data that Customer or an Authorized
User uploads, posts, transmits or stores via the Service.
2. The Service
- 2.1 Provision. Subject to payment of all fees and compliance with this Agreement,
Den grants Customer a non-exclusive, non-transferable right to access and use the Service for
Customer's internal business purposes during the Subscription Period.
- 2.2 Hosted Software. Customer acknowledges that Den retains all rights, title,
and interest in the Den Materials and underlying technology. Customer will not obtain any ownership
rights in the Den Materials.
- 2.3 Updates. Den may update, enhance or modify the Service at any time, provided
that no material core functionality is removed without at least thirty (30) days' prior notice.
3. Subscriptions, Fees & Payment
- 3.1 Plans. Den offers a free tier ("Free Version") and one or more paid tiers
("Paid Plans"). Feature sets, seat limits and pricing are published on Den's website or specified
in each Order.
- 3.2 Fees. Customer will pay all fees specified in the Order. Except as expressly
provided otherwise, all fees are non-cancelable and non-refundable.
- 3.3 Payment Methods. Den accepts payment via credit card, ACH, or invoiced payments
(for approved customers). Recurring fees auto-renew and are charged to the Customer's selected
payment method until cancelled.
- 3.4 Taxes. All fees are exclusive of taxes. Customer is responsible for all
applicable sales, use, value-added or similar taxes, excluding taxes based on Den's net income.
- 3.5 Late Payment. If any amount due is not paid within fourteen (14) days after
its due date, Den may suspend Customer's access to the Service upon notice, until payment is
received in full.
4. Account, Users & Permissions
- 4.1 User Roles. Customer may designate individuals as Admins or Members. Admins
manage billing, seat assignments, integrations and workspace settings; Members may use the Service
as permitted by Admins.
- 4.2 Authentication. Den relies on Kinde for authentication. Supported methods
include Google and email sign-in. Customer is responsible for managing and securing all authentication
credentials.
- 4.3 Customer Responsibilities. Customer is responsible for all activity under
its account and for ensuring that Authorized Users comply with this Agreement.
5. Third-Party Integrations
5.1 Supported Integrations. Den currently integrates with a broad range of third-party
services, including:
Gmail, Google Calendar, Stripe, Mixpanel, Notion, Airtable, Linear, Google Sheets, Google
Docs, GitHub, Google Drive, Slack, Asana, Sentry, Jira, Amplitude, Bitbucket, BrowserBase,
Discord, Dropbox, Figma, Fireflies, Google Meet, Google Photos, HubSpot, Intercom, MailChimp,
OneDrive, Outlook, Pipedrive, PostHog, Reddit, Slack Bot, Snowflake, Supabase, X, YouTube,
Zendesk, Zoom.
5.2 Credential Sharing. To enable integrations, Customer may be required to grant
Den—and Den's integration partner, Composio.dev—access to Customer's third-party service credentials.
Customer represents it has the right to provide such credentials and is solely responsible for
their security. Den disclaims all liability for Customer's use of third-party services.
6. Customer Data & Privacy
- 6.1 Data Collected. Den collects Customer Data necessary for operation and authentication,
including name, email address, nickname, payment information, IP address, browser and operating
system, and usage metadata via cookies and PostHog.
- 6.2 Data Retention. Den retains Customer Data for the duration of the Subscription
Period and for up to twenty-four (24) months of account dormancy.
- 6.3 Ownership & License. Customer retains all right, title and interest in its
Customer Data. Customer grants Den and its agents a non-exclusive, worldwide, royalty-free license
to use, store, process and display Customer Data solely to provide, maintain and improve the
Service. Den does not currently support anonymization of Customer Data.
- 6.4 Service Data. Den may collect aggregated and anonymized usage metrics and
performance data ("Service Data") and may use Service Data for any purpose.
7. Proprietary Rights
- 7.1 Den Materials. Den and its licensors own all intellectual property rights
in the Den Materials and any enhancements or modifications. No rights are granted except as expressly
set forth herein.
- 7.2 Feedback. Customer may provide suggestions or feedback ("Feedback") about
the Service. By submitting Feedback, Customer grants Den a perpetual, irrevocable, transferable,
royalty-free license to use, reproduce, modify and incorporate Feedback into the Service in any
manner.
8. Restrictions
Customer will not, and will not permit any third party to:
- Modify, translate, adapt, reverse engineer, decompile or disassemble the Service or any Den
Materials;
- Sublicense, sell, resell, rent, lease, transfer or distribute the Service to any third
party;
- Remove or obscure any proprietary notices or Den branding;
- Use the Service to develop a competitive product;
- Violate any law or regulation in connection with use of the Service;
- Introduce harmful code (viruses, malware, DDoS attacks) into the Service;
- Probe, scan or test the vulnerability of the Service or Den's systems.
Den may suspend Customer's access if Den reasonably believes Customer is violating these
restrictions or threatening the security or integrity of the Service.
9. Term & Termination
- 9.1 Term. This Agreement begins on the Effective Date and continues for the
Subscription Period, including any renewals.
- 9.2 Termination for Cause. Either party may terminate if the other materially
breaches this Agreement and fails to cure within thirty (30) days after written notice.
- 9.3 Suspension for Non-Payment or Abuse. Den may suspend access upon fourteen
(14) days' notice for unpaid fees or abusive conduct.
- 9.4 Effect of Termination. Upon any termination:
- All rights granted under this Agreement immediately terminate.
- Customer's access to the Service ends.
- Den will delete Customer Data within thirty (30) days of termination or upon Customer's
request.
- 9.5 Survival. Sections 3 (to the extent payment obligations survive), 6–8, 10–14,
and any other provisions that by their nature survive termination will survive.
10. Warranties & Disclaimers
- 10.1 Customer Warranties. Customer represents that it has all rights necessary
to provide Customer Data and that its use of the Service complies with applicable laws.
- 10.2 Disclaimer. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEN'S LIABILITY FOR ANY CLAIM ARISING UNDER THIS
AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER TO DEN IN THE TWELVE (12) MONTHS
PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL DEN BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
12. Confidentiality
Each party will protect the other's confidential information with at least the same degree of
care it uses to protect its own confidential information, but no less than a reasonable degree
of care. Confidential information may be disclosed only to employees or agents who need to
know and are bound by confidentiality obligations. Standard carve-outs apply for information
that is (a) public without breach, (b) known prior to disclosure, (c) rightfully received from
a third party, or (d) independently developed.
13. Modifications to Terms
Den may modify these Terms by providing at least thirty (30) days' notice via email and in-app
notification. Continued use of the Service after changes take effect constitutes acceptance of
the revised Terms.
14. Support
Den provides support via email at support@getden.io and promises to respond to inquiries within twenty-four (24) hours during normal business hours.
15. General Provisions
- 15.1 Force Majeure. Neither party will be liable for delays due to causes beyond
its reasonable control.
- 15.2 Assignment. Neither party may assign this Agreement without the other's
prior written consent, except Den may assign in connection with a merger, acquisition, or sale
of substantially all its assets.
- 15.3 Notices. Notices to Den: legal@getden.io. Notices to Customer: email address
on file. Email notices are effective one business day after sending.
- 15.4 Severability. If any provision is held invalid, the remainder will remain
in effect, and the invalid provision will be reformed to reflect the parties' intent.
- 15.5 Waiver. No waiver is effective unless in writing signed by the waiving
party.
- 15.6 Governing Law & Venue. This Agreement is governed by the laws of California,
without regard to conflicts of law. Any dispute will be adjudicated exclusively in the state
or federal courts located in Los Angeles County, California.
- 15.7 Entire Agreement. This Agreement, together with all Orders, constitutes
the entire understanding between the parties concerning the Service and supersedes all prior
agreements or understandings.
Thank you for choosing Den. If you have any questions, please reach out to us at legal@getden.io.