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Terms of Service

Last Updated: 24 Sep 2024
Subscriptions Period

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.

Subscription Cancellations

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.

Billing

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.

Fee Adjustments

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.

Refunds

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.

Free Trial

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

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.

User Accounts

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.

Content

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.

AI Generated Content

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.

Your Right to Post Content

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.

Content Restrictions

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.

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights. Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

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.

Content Backups

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.

Intellectual Property Infringment

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.

DMCA Compliance

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)):

  • A physical or electronic signature of the individual authorized to act on behalf of the copyright owner.
  • A description of the copyrighted work that has allegedly been infringed, along with the URL (or other location) where the copyrighted material is found or a copy of the copyrighted work itself.
  • The specific location on the Service where the material that You claim is infringing is located.
  • Your contact information, including address, phone number, and email.
  • A statement made in good faith that the disputed use is not authorized by the copyright owner, their agent, or the law.
  • A declaration, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.

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.

Intellectual Property

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.

Links to Other Websites

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.

Termination

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.

Limitation of Liability

In no event shall the Company be liable for damages exceeding the amount paid by You for the Service, or $100 if no purchases were made. Certain jurisdictions may not allow limitations on liability, so some of these limitations may not apply.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided "as is" and "as available," with no warranties of any kind. The Company disclaims all warranties, including those implied by law. Some jurisdictions may not allow the exclusion of implied warranties, so certain exclusions may not apply to You.

Governing Law

These Terms shall be governed by the laws of the Country, excluding conflict of law rules.

Disputes Resolution

In the event of a dispute regarding the Service, You agree to first attempt resolution by contacting the Company directly.

EU Users

If You are a European Union consumer, You will benefit from the mandatory laws of the country in which You reside.

U.S. Federal Government Use

For U.S. government end users, the Service is classified as a "Commercial Item."

U.S. Legal Compliance

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.

Severability and Waiver

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.

Translation Interpretation

If these Terms are provided in multiple languages, the original English version will prevail in case of any discrepancies.

Changes to These Terms

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.

Contact Us

For questions about these Terms, contact Us at: info@desia.ai