AgentDonkey
Terms of Service
1. Agreement
This website (agentdonkey.com, the "Site") is operated by DonkeyCat GmbH, Lindengasse 43/19, A-1070 Vienna, Austria ("we", "us", "our"), registered with the Commercial Court of Vienna under FN 385726 w, VAT ID ATU67516459, represented by its managing director Gerald Novak. By accessing or using the Site you accept these Terms of Service in full. If you do not accept them, you must not use the Site.
We may revise these terms at any time, with immediate effect, by posting the revised version. Your continued use of the Site after posting constitutes acceptance. It is your responsibility to review them.
2. Status of the service — no reliance
AgentDonkey is an MCP and API hub for mobile app marketing operations. It is in development, is not generally available, and may never be released. The Site currently provides information and an optional waitlist. Nothing more is offered.
All descriptions of current or planned functionality, timelines, integrations, performance and availability are forward-looking statements of present intention only. They are not promises, representations, warranties, offers or commitments of any kind, they may change or be withdrawn without notice, and you must not rely on them. No statement on the Site forms part of any contract. We expressly exclude liability for any reliance placed on the Site's content to the fullest extent permitted by law.
3. The waitlist
- Joining the waitlist creates no contract, no account, no licence and no entitlement to access AgentDonkey, whether now or in future.
- We are under no obligation to launch, to grant access to anyone on the list, to preserve list order, or to give notice before closing the list.
- We may refuse, remove, suspend or delete any entry at our sole discretion, at any time, without notice, reason or liability.
- You warrant that the details you submit are accurate and that you are entitled to use the email address supplied.
- You may request removal at any time — see the Privacy Policy.
4. Acceptable use
You must not, and must not attempt to:
- submit false, fraudulent, automated or bulk entries, or circumvent any anti-abuse, rate-limiting or verification measure;
- probe, scan, penetration-test, reverse engineer, or otherwise test the vulnerability of the Site or any connected system;
- access any non-public area, account, or system, including the operator login, without our express written authorisation;
- scrape, crawl, harvest, frame, mirror or systematically extract any part of the Site;
- interfere with, overload, disrupt or degrade the Site or its infrastructure;
- use the Site unlawfully, or in a way that infringes the rights of any person.
We may investigate, block, suspend or terminate access, and report suspected unlawful activity to the competent authorities, without notice and at our sole discretion.
5. Operator accounts
The login area is restricted to authorised operators. If you hold credentials, you are solely responsible for keeping them confidential and for all activity conducted under them, and you must notify us immediately of any suspected compromise. Access may be revoked at any time without notice. Use of the product itself is governed exclusively by your separate written agreement with us, which prevails over these terms in the event of conflict.
6. Intellectual property
The AgentDonkey name, logo, trade dress, Site content, design, text, graphics and underlying software are owned by us or our licensors and are protected by intellectual property law. All rights are reserved. These terms grant you no licence other than a revocable, non-exclusive, non-transferable right to view the Site for your own informational use. Any other use — including copying, adaptation, distribution, public communication or use in machine-learning training data — requires our prior written consent.
7. Third-party platforms and trademarks
AgentDonkey is designed to interoperate with third-party services. We are not affiliated with, endorsed by, sponsored by, or partnered with any of them unless expressly stated. All third-party names and marks belong to their respective owners and are used for identification only. We accept no responsibility whatsoever for third-party services, their terms, pricing, availability, changes, or the consequences of any of these.
8. Availability
We may modify, suspend, withdraw, restrict or discontinue the Site or any part of it — including the waitlist — at any time, permanently or temporarily, without notice and without liability. We do not undertake to keep the Site available or its content current or accurate.
9. Disclaimer of warranties
To the fullest extent permitted by applicable law, the Site is provided "as is" and "as available", with all faults and without warranty of any kind, whether express, implied, statutory or otherwise. We specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, title, accuracy, quiet enjoyment and non-infringement. We do not warrant that the Site will be available, uninterrupted, timely, secure, error-free, free of harmful components, or that any defect will be corrected.
10. Limitation of liability
To the fullest extent permitted by applicable law, we (together with our directors, employees, agents, affiliates and suppliers) shall not be liable for any indirect, incidental, special, punitive, exemplary or consequential loss or damage, nor for any loss of profit, revenue, business, contracts, anticipated savings, goodwill, data, or for business interruption, in each case however caused and under any theory of liability, and whether or not we were advised of the possibility of such loss.
Our total aggregate liability arising out of or in connection with the Site and these terms, across all claims combined, shall not exceed one hundred euros (EUR 100). You acknowledge that the Site is provided free of charge and that this allocation of risk is a reasonable and essential basis of the bargain between us.
Nothing in these terms limits or excludes liability that cannot lawfully be limited or excluded — including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for intent or gross negligence, or under the Austrian Product Liability Act. Where you deal with us as a consumer, your mandatory statutory rights are unaffected, and the limitations above apply only to the extent permitted against consumers.
11. Indemnity
You agree to indemnify, defend and hold us harmless from and against all claims, demands, proceedings, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or connected with your use of the Site, your breach of these terms, or your violation of any law or third-party right. This clause does not apply to consumers to the extent prohibited by mandatory law.
12. Time limit for claims
To the extent permitted by law, any claim arising out of or relating to the Site or these terms must be brought within twelve (12) months of the event giving rise to it, failing which it is permanently barred. Mandatory statutory limitation periods that cannot be shortened remain unaffected.
13. Force majeure
We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, war, terrorism, civil unrest, epidemic, industrial action, failure of utilities, internet or hosting providers, cyber-attack, or acts of government.
14. General
- Severability. If any provision is held invalid, unlawful or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or if that is not possible, severed. The remaining provisions continue in full force.
- No waiver. No failure or delay in exercising a right waives it.
- Assignment. We may assign or transfer these terms freely, including on a merger or sale of assets. You may not assign them.
- Entire agreement. These terms and the Privacy Policy constitute the entire agreement between us regarding the Site and supersede all prior statements, representations and understandings.
- No third-party rights. No person other than you and us has any right to enforce these terms.
- Language. The English version governs; any translation is for convenience only.
15. Governing law and jurisdiction
These terms and any dispute arising out of or in connection with them, including non-contractual disputes, are governed by Austrian law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The competent court in Vienna, Austria shall have exclusive jurisdiction, save that where you deal with us as a consumer, mandatory statutory provisions on jurisdiction and applicable law in your country of residence remain unaffected.