Introduction and Acceptance of Terms
These Terms of Service govern your access to and use of the DYD Intelligence platform operated by DYD Creative Solutions at i.dyd.com. By accessing or using the Service in any manner, you agree to be bound by these Terms.
We may modify these Terms at any time in our sole discretion. Changes take effect immediately upon posting. Your continued use of the Service after any modification constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
Eligibility
To use the Service, you must:
- Be at least 18 years of age
- Be legally capable of entering into a binding contract
- Not be barred from using the Service under applicable law
The Company reserves the right to refuse or terminate service to any person or entity for any reason, at its sole discretion, without notice or liability.
User Roles and Accounts
You are responsible for all activity that occurs under your account, including actions taken by anyone you permit to access it. Client Administrators are accountable for all actions taken by authorized users within their organization's account.
You agree to maintain the confidentiality of your credentials and to notify us immediately of any unauthorized use of your account.
The Company may suspend or terminate any account immediately, with or without notice, for any reason, including without limitation any breach of these Terms.
Scope of Services
The Services are provided on an "as available" basis. We make no guarantee of continuous, uninterrupted, or error-free availability.
We may change, suspend, or discontinue any aspect of the Services at any time without notice or liability. This includes adding or removing features, modifying pricing structures, or ceasing operations entirely.
We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.
Your Content and AI Outputs
By submitting content to the Service, you grant DYD Creative Solutions a perpetual, irrevocable, worldwide, exclusive, royalty-free, fully sublicensable and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and otherwise exploit such content for any purpose, including but not limited to AI model training and product improvement.
AI Outputs. Results generated by the Service are provided "AS IS" with no warranties of any kind. The Company expressly disclaims all responsibility for the accuracy, completeness, or reliability of AI-generated outputs, including any fabricated or misleading information.
Prohibited Content. You may not upload or submit:
- Content that is illegal, infringing, or violates any third-party rights
- Sensitive personal data (e.g. health, financial, biometric) without prior written agreement with the Company
- Content that violates any applicable law or regulation
Billing and Payment
All fees are non-refundable to the fullest extent permitted by applicable law. Subscriptions automatically renew at the end of each billing period unless cancelled in accordance with our cancellation policy.
- We reserve the right to change pricing at any time with or without notice
- Non-payment of fees will result in suspension or termination of your account
- You are responsible for all taxes associated with your use of the Service
Failure to pay any fees when due may result in immediate suspension of your access to the Service. Accrued fees remain owed even after termination.
Acceptable Use & Restrictions
You agree not to, and will not permit others to:
- Reverse engineer, decompile, or attempt to extract source code from the Service
- Scrape, crawl, or systematically extract data from the platform
- Use outputs to train, develop, or improve a competing AI system or product
- Use the Service for any unlawful, harmful, or fraudulent activity
- Attempt to gain unauthorized access to any part of the Service or related systems
- Interfere with or disrupt the integrity or performance of the Service
Violations of this section will result in immediate termination of your account and may expose you to civil and criminal liability.
Intellectual Property
The Company owns all rights, title, and interest in and to the Services, the platform, underlying technology, and any improvements, enhancements, or derivatives thereof. Nothing in these Terms grants you any ownership rights in the Service.
Any feedback, suggestions, or ideas you provide regarding the Service become the sole property of the Company without any obligation of compensation, attribution, or confidentiality to you.
DYD Intelligence, DYD Creative Solutions, and associated logos are trademarks of the Company. You may not use these marks without our prior written consent.
Termination
The Company may terminate or suspend your access to the Service at any time, for any reason or no reason, without notice or liability to you.
Upon termination:
- Your right to access and use the Service immediately ceases
- You remain liable for all fees accrued prior to termination
- Provisions that by their nature should survive termination shall remain in effect
Disclaimers and Limitation of Liability
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.
Maximum Liability Cap: In no event shall the Company's total aggregate liability to you exceed the lesser of $50 USD or the total amount actually paid by you to the Company in the one (1) month immediately preceding the claim giving rise to liability.
Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and successors from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your use of or access to the Service
- Your content or data submitted to the Service
- Your breach of these Terms
- Your violation of any applicable law or third-party rights
Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions.
Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through binding arbitration administered by JAMS in Houston, Texas, in accordance with its applicable rules.
BY AGREEING TO THESE TERMS, YOU WAIVE ANY RIGHT TO A JURY TRIAL, CLASS ACTION LAWSUIT, OR LITIGATION IN COURT. ALL DISPUTES MUST BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH ARBITRATION.
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
For questions about these Terms, contact us at legal@dyd.com.