These DigitalOcean Cuttlefish Terms (the “Preview Terms”) apply to your download, installation, and use of the DigitalOcean Cuttlefish mobile application for iOS (the “App”) during its Public Preview. These Preview Terms are the end user license agreement for the App. By downloading, installing, or using the App, you agree to these Preview Terms. If you do not agree, do not download or use the App.
The Preview Terms supplement the DigitalOcean Terms of Service Agreement and Service Terms, or such other written agreement between you and DigitalOcean governing your use of our Services (our “Agreement”). The App is a Beta Service for purposes of the Agreement, and terms not defined in these Preview Terms have the meaning given in the Agreement. If there is a conflict between these Preview Terms and the Agreement, these Preview Terms will control solely with respect to the conflict relating to your use of the App.
The App is a preliminary, limited-availability release that lets you access and manage DigitalOcean Managed Agents from an iOS device. Through the App you can follow agent sessions, send messages and instructions, stop or pause runs, approve or deny agent actions, browse and upload workspace files, manage checkpoints, and create agent environments. Agents, sandboxes, and tool execution run on DigitalOcean infrastructure, not on your device. Your use of Managed Agents through the App remains subject to the Agreement. Your use of the App is also subject to the Acceptable Use Policy.
The App is in public preview and is not recommended for production or sensitive workloads. We recommend using test data.
2.1 License Grant. Subject to these Preview Terms, DigitalOcean grants you a limited, nontransferable, non-exclusive, revocable license to use the App on Apple-branded products that you own or control, solely to access the Services under the Agreement.
2.2 Restrictions. You will not, and will not permit any third party to: (a) copy, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or any part of it; (b) transfer, redistribute, sublicense, or make the App available over a network where it could be used by multiple devices at the same time; © use the App to build or assist in building a competing product or service; or (d) use the App in violation of the Agreement or the Acceptable Use Policy. These restrictions apply except to the extent prohibited by applicable law or permitted by the license terms of any open-source components included in the App. If you sell or give away your device, you must remove the App first.
2.3 Updates. These Preview Terms apply to any updates DigitalOcean provides that replace or supplement the App, unless an update comes with separate terms.
3.1 Changes. DigitalOcean may modify, suspend, or discontinue any feature of the App at any time without notice.
3.2 Actions Taken Through the App. Instructions you send and actions you approve through the App are carried out in your DigitalOcean account and have the same effect as if taken through the DigitalOcean Control Panel or API. These actions may run code, modify or delete files, and use third-party tools connected to your account. You are responsible for all instructions, approvals, and denials made through the App, including by anyone using your device. Approval prompts, risk labels, and device authentication are conveniences. They may not identify every risky action and do not replace your own review of each action before you approve it.
3.3 Your Device. You are responsible for securing any device on which you use the App, including by using a device passcode and signing out of the App on shared devices.
3.4 Third-Party Services. The App works with third-party AI models, coding agents, tools, and websites that you or your team select or connect (“Third-Party Services”). You use Third-Party Services at your own risk. DigitalOcean is not responsible for examining or evaluating the content or accuracy of Third-Party Services and is not liable for them. Their availability and performance depend on those third parties, and changes they make will not be treated as a defect in the Services.
3.5 AI Output. OUTPUT FROM AGENTS AND AI MODELS ACCESSED THROUGH THE APP IS GENERATED BY ARTIFICIAL INTELLIGENCE, IS PROVIDED “AS IS,” AND MAY CONTAIN ERRORS OR INACCURACIES. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND APPROVING ALL OUTPUT AND ACTIONS BEFORE YOU RELY ON OR APPROVE THEM.
3.6 Pricing. The App is provided at no charge. Managed Agents and other Services you use through the App are charged in accordance with the Agreement.
3.7 No Support; No SLA. No Technical Support commitments and no Service Level Agreements (SLAs) apply to the App. No service credits are available for the App. To the extent DigitalOcean provides support, it is offered only on a reasonable-effort basis during standard business hours.
3.8 Feedback. You may, but are not required to, provide suggestions, comments, or other feedback regarding the App (“Feedback”). You grant DigitalOcean a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and exploit Feedback for any purpose without restriction or obligation to you.
You need a DigitalOcean account to use the App.
The DigitalOcean Cuttlefish Privacy Policy describes how the App collects, uses, shares, and stores information.
6.1 Termination. These Preview Terms are effective until terminated by you or DigitalOcean. You may terminate them by deleting the App. Your rights under these Preview Terms terminate automatically if you fail to comply with them, or if your Agreement ends.
6.2 Suspension. DigitalOcean may suspend or terminate your access to the App at any time, in our sole discretion, with or without notice, if: (a) we choose to discontinue the App or transition it to General Availability; or (b) we believe your use violates these Preview Terms, the Agreement, or the Acceptable Use Policy. This does not by itself affect your Managed Agents resources, which remain subject to the Agreement.
6.3 Conclusion of Preview. DigitalOcean may conclude the Public Preview at any time without advance notice.
6.4 Transition to General Availability. If the App becomes generally available, DigitalOcean may replace these Preview Terms by incorporating terms for the App into the Agreement, the Service Terms, or other DigitalOcean terms, or by issuing updated terms for the App (the “Replacement Terms”). DigitalOcean will notify you of the Replacement Terms through the App, by email, or by other reasonable means. Your continued use of the App after the Replacement Terms take effect constitutes your acceptance of them. If you do not agree to the Replacement Terms, you must stop using the App and delete it. When the Replacement Terms take effect, these Preview Terms will no longer apply, except for provisions that by their nature should survive.
6.5 Changes to These Preview Terms. DigitalOcean may update these Preview Terms during the Public Preview by posting the updated version and changing the “Last Updated” date. If a change is material, we will notify you through the App, by email, or by other reasonable means before it takes effect.
USE OF THE APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. DIGITALOCEAN DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE FROM DIGITALOCEAN CREATES A WARRANTY. THE WARRANTY DISCLAIMERS APPLICABLE TO BETA SERVICES UNDER THE AGREEMENT ALSO APPLY. THIS SECTION DOES NOT CHANGE THE TERMS THAT APPLY TO THE SERVICES YOU ACCESS THROUGH THE APP, WHICH REMAIN GOVERNED BY THE AGREEMENT.
TO THE EXTENT NOT PROHIBITED BY LAW, DIGITALOCEAN WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER COMMERCIAL DAMAGES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The exclusions of damages and limitation of liability applicable to Beta Services under the Agreement apply to the App and are incorporated by reference. Nothing in these Preview Terms expands DigitalOcean’s liability beyond, or limits any disclaimer, exclusion, or cap in, the Agreement.
You may not use, export, or re-export the App except as authorized by U.S. law and the laws of the jurisdiction in which you obtained it. In particular, the App may not be exported or re-exported (a) into any U.S.-embargoed country or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List.
These Preview Terms are governed by the governing law and dispute resolution provisions of the Agreement.
If you downloaded the App from the Apple App Store:
11.1 Acknowledgement. These Preview Terms are between you and DigitalOcean, LLC (“DigitalOcean”) only, and not Apple. DigitalOcean, not Apple, is solely responsible for the App and its content.
11.2 Scope of License. Your license to the App is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing where the Usage Rules allow.
11.3 Maintenance and Support. DigitalOcean is solely responsible for any maintenance and support of the App. Apple has no obligation to provide any maintenance or support services for the App.
11.4 Warranty. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. As between DigitalOcean and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are DigitalOcean’s responsibility, subject to the disclaimers in these Preview Terms and the Agreement.
11.5 Product Claims. DigitalOcean, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
11.6 Intellectual Property. If a third party claims that the App or your possession and use of the App infringes that third party’s intellectual property rights, DigitalOcean, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
11.7 Legal Compliance. You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
11.8 Contact. Questions, complaints, or claims about the App may be submitted at https://www.digitalocean.com/support.
11.9 Third-Party Terms. You must comply with applicable third-party terms, such as your wireless data service agreement, when using the App.
11.10 Third-Party Beneficiary. Apple and its subsidiaries are third-party beneficiaries of this Section 11. Upon your acceptance of these Preview Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 11 against you as a third-party beneficiary.