The Service, or certain parts of the Service, may only be accessible with a paid Subscription. You will be billed in advance on a recurring basis (e.g., daily, weekly, monthly, or annually), depending on the Subscription plan You choose upon purchase. At the conclusion of each billing period, Your Subscription will automatically renew under the same terms unless You cancel or the Company cancels it.
You can cancel Your Subscription renewal either via Your Account settings or by reaching out to the Company. Payments already made for the current Subscription period are non-refundable, but You will retain access to the Service until the end of that period.
You are required to provide the Company with accurate billing information, including Your full name, address, state, zip code, phone number, and valid payment details. If automatic billing fails, the Company will send an electronic invoice requiring You to manually complete payment by the specified due date for the billing period outlined on the invoice.
The Company reserves the right, at its discretion and at any time, to modify Subscription fees. Any changes to Subscription fees will take effect after the current Subscription period ends. The Company will notify You in advance to give You the opportunity to cancel before the new fee structure takes effect. Continuing to use the Service after the fee change signifies Your acceptance of the revised Subscription cost.
Except where legally required, Subscription fees that have been paid are non-refundable. The Company may review certain refund requests on a case-by-case basis, and refunds may be granted at the Company's sole discretion.
The Company may offer a limited-time Free Trial for a Subscription at its discretion. You may need to provide billing information to sign up for the Free Trial. If You do provide billing information, You won’t be charged until the Free Trial ends. At the conclusion of the Free Trial period, unless You cancel, the applicable Subscription fees for Your selected plan will be charged. The Company reserves the right to alter or terminate Free Trial offers at any time without notice.
Promotions offered via the Service may be governed by separate rules. If You participate in a promotion, please review the applicable rules alongside our Privacy Policy. If there’s a conflict between the promotion rules and these Terms, the promotion rules will prevail.
When You create an account with Us, You must provide accurate, complete, and current information at all times. Failing to do so is a breach of these Terms and may result in the immediate termination of Your account. You are responsible for maintaining the confidentiality of Your password and any actions that occur under it, whether with Our Service or a third-party social media service. You must not disclose Your password to anyone. Notify Us immediately of any security breaches or unauthorized use of Your account. Your username must not infringe on the rights of others or be inappropriate.
The Company reserves the right to suspend or restrict access to Your account at any time, without notice, if we believe You are in breach of these Terms or if Your account is flagged for billing issues, security concerns, or other violations. During the suspension period, You will not be able to access the Service, and any ongoing Subscription services may also be paused. If Your account is suspended due to billing issues, You may reactivate Your account by providing updated and valid payment information. If suspended for other reasons, You may contact the Company for further assistance in resolving the issue.
Content refers to text, images, or other information that can be posted, uploaded, linked to, or made available by You. You retain ownership and responsibility for any Content You post to the Service, including ensuring it is lawful and does not infringe on others' rights.
The Service includes an artificial intelligence system. This system provides information and recommendations, but it is not infallible and may make mistakes. Use Your own judgement and consult human experts when necessary. The system has limitations in understanding natural language, and it may not fully grasp all nuances. If You encounter any concerns, please contact Us.
You are responsible for any Content You post on the Service. By posting, You affirm that You own the Content or have permission to use it. Your posting must not violate the rights of others, including privacy or intellectual property rights.
The Company is not liable for the content provided by the Service's users. You expressly acknowledge and agree that you are solely responsible for the Content and all activity conducted under your account, whether by you or any third party using your account. You must not transmit any Content that is unlawful, offensive, disturbing, intended to disgust, threatening, libellous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
The Company retains the right, though not the obligation, to independently decide, at its sole discretion, whether any Content complies with these Terms and is deemed appropriate, and may refuse or remove such Content. Additionally, the Company reserves the right to modify the format and presentation of any Content. If You upload objectionable Content, the Company can also limit or revoke your access to the Service. Since the Company cannot monitor all content posted by users or third parties, you agree to use the Service at your own risk. You acknowledge that while using the Service, you might encounter content that you find offensive, inaccurate, or inappropriate. The Company will not be held responsible for any errors, omissions, or damages of any kind resulting from your use of any content.
While the Company performs regular backups of Content, there is no guarantee against data loss or corruption. Corrupt or invalid backups may arise from Content that was already corrupted before being backed up, or from changes made to the Content during the backup process. The Company will assist and troubleshoot any known issues that might impact the backups. However, You agree that the Company is not liable for the integrity of the Content or for any failures in restoring it to a usable state. It is Your responsibility to maintain a separate and accurate copy of Your Content outside of the Service.
We respect the intellectual property rights of others and have a policy of responding to any claims that Content posted on the Service violates someone’s copyright or intellectual property rights. If You are the owner of a copyright or are authorized to act on their behalf and believe that your copyrighted work has been copied in a way that constitutes infringement through the Service, You must submit a written notice to our copyright agent via email at info@desia.ai. This notice should include a detailed description of the alleged infringement. Be aware that misrepresentation of any Content as infringing may result in liability for damages, including attorney fees.
If You wish to submit a claim under the Digital Millennium Copyright Act (DMCA), please provide our Copyright Agent with the following information in writing (as detailed in 17 U.S.C. 512(c)(3)):
You can reach our copyright agent via email at info@desia.ai. Upon receiving your notification, the Company will take any necessary actions, at its sole discretion, including removing the disputed content from the Service.
All original content, features, and functionality provided by the Service (excluding Content supplied by You or other users) are and will continue to be the sole property of the Company and its licensors. The Service is protected by copyright, trademark, and other applicable laws, both domestically and internationally. The Company's trademarks and trade dress may not be used in connection with any product or service without prior written consent from the Company.
By accessing the Desia platform, You grant Desia the right to use Your company’s name and logo in Desia's commercial materials. This includes, but is not limited to, Desia's website, marketing materials, and presentations for commercial pitches. Such use will be solely for the purpose of identifying You as a customer of Desia, and will be carried out in a manner consistent with any applicable brand guidelines or restrictions that You may provide to Desia. If at any time You wish to revoke this permission, You may do so by providing written notice to Desia, and Desia will promptly cease using Your name and logo in future materials.
Our Service may contain links to third-party websites or services, over which We have no control. We are not responsible for the content or policies of these third-party sites. We recommend reviewing the terms and privacy policies of any external sites You visit.
The Service may include integrations with third-party services, such as payment processors, data management tools, or other software. You acknowledge that the Company is not responsible for the performance, functionality, or availability of any third-party services. Any use of third-party services is governed by their respective terms of service and privacy policies, and You are encouraged to review them before use. The Company is not liable for any damages or losses arising from issues caused by third-party services or integrations.
We reserve the right to suspend or terminate Your account immediately for any reason, including breaches of these Terms. Upon termination, You will no longer have access to the Service. You may terminate Your account at any time by ceasing use of the Service.
Notwithstanding any damages You may incur, the total liability of the Company and any of its suppliers under any provision of these Terms, and Your exclusive remedy for all of the foregoing, shall be limited to the amount You have actually paid through the Service or 100 USD if You have not made any purchases through the Service. To the fullest extent allowed by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages of any kind (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, or loss of privacy arising from or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails in its essential purpose. Some states do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, which means some of the above limitations may not apply. In these states, each party's liability will be limited to the maximum extent permitted by law.
The Service is provided to You on an "AS IS" and "AS AVAILABLE" basis, with all faults and defects, without any warranty of any kind. To the fullest extent permitted by applicable law, the Company, on its own behalf and on behalf of its Affiliates, licensors, and service providers, explicitly disclaims all warranties—whether express, implied, statutory, or otherwise—regarding the Service, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from a course of dealing, performance, usage, or trade practice. Without limiting the foregoing, the Company makes no warranty or representation that the Service will meet Your requirements, achieve intended results, be compatible or function with any other software, applications, systems, or services, operate without interruption, meet performance or reliability standards, or be error-free, nor does it guarantee that any errors or defects can or will be corrected. Additionally, neither the Company nor any of its providers makes any express or implied representation or warranty regarding: (i) the operation or availability of the Service, or the information, content, materials, or products included therein; (ii) the uninterrupted or error-free nature of the Service; (iii) the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) whether the Service, its servers, content, or emails sent by or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components. Some jurisdictions do not permit the exclusion of certain types of warranties or limitations on statutory consumer rights, so certain exclusions and limitations above may not apply to You. However, in such cases, the exclusions and limitations in this section will be enforced to the maximum extent allowed by law.
These Terms shall be governed by the laws of the Country, excluding conflict of law rules.
In the event of a dispute regarding the Service, You agree to first attempt resolution by contacting the Company directly.
If You are a European Union consumer, You will benefit from the mandatory laws of the country in which You reside.
For U.S. government end users, the Service is classified as a "Commercial Item."
You represent and warrant that You are not located in a country subject to a U.S. government embargo or listed as a prohibited party.
If any provision of these Terms is found to be invalid or unenforceable, it will be modified to reflect the parties’ intent, and the remaining provisions will remain in effect. Failure to enforce any right will not waive that right.
If these Terms are provided in multiple languages, the original English version will prevail in case of any discrepancies.
We reserve the right to modify these Terms at any time. If changes are significant, we will provide at least 30 days' notice. Continued use of the Service after the changes take effect means You accept the new Terms.
The Company shall not be liable for any failure to perform its obligations under these Terms if such failure results from circumstances beyond its reasonable control, including but not limited to, acts of God, natural disasters, war, civil unrest, acts of government, labor disputes, cyberattacks, power or telecommunications outages, or other events beyond the Company’s control. In the event of such circumstances, the affected obligations will be suspended for the duration of the event, and the Company will make reasonable efforts to resume normal service as soon as possible.
For questions about these Terms, contact Us at: info@desia.ai
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