Terms and Conditions for Datyra.com

Effective Date: 6/3/25
Last Updated: 6/3/25

1. Acceptance of Terms

By accessing or using Datyra.com (“Service,” “Platform,” “we,” “us,” or “our”) and our project design assistant, you (“User,” “you,” or “your”) agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, do not use our Service.

2. Description of Service

Datyra.com provides an AI-powered project design assistant platform that offers:

• Automated design recommendations and suggestions
• Project planning and management tools
• Collaborative design features
• File storage and sharing capabilities
• Template libraries and design resources
• Integration with third-party design tools

3. User Accounts

3.1 Account Creation

• You must create an account to access certain features
• You must provide accurate and complete information
• You are responsible for maintaining account security
• You must be at least 18 years old to create an account

3.2 Account Responsibilities

• Keep your login credentials confidential
• Notify us immediately of any unauthorized access
• You are liable for all activities under your account
• One person or entity per account unless otherwise agreed

3.3 Account Termination

• You may terminate your account at any time
• We may suspend or terminate accounts for violations of these Terms
• Upon termination, your access to the Service will cease
• Data retention follows our Privacy Policy guidelines

4. Acceptable Use Policy

4.1 Permitted Uses

You may use our Service to:

• Create and manage design projects
• Collaborate with team members and clients
• Generate design recommendations using our AI assistant
• Store and organize design-related files and documents

4.2 Prohibited Uses

You may not:

• Use the Service for illegal activities or to violate any laws
• Upload malicious software, viruses, or harmful code
• Attempt to gain unauthorized access to our systems
• Reverse engineer, decompile, or disassemble our software
• Use the Service to harass, abuse, or harm others
• Violate intellectual property rights
• Create fake accounts or impersonate others
• Spam or send unsolicited communications through our platform
• Use automated tools to access the Service without permission

4.3 Content Guidelines

All content uploaded or created must:

• Comply with applicable laws and regulations
• Respect intellectual property rights
• Not contain offensive, harmful, or inappropriate material
• Not violate privacy rights of individuals
• Not include confidential information without authorization

5. Intellectual Property Rights

5.1 Service Ownership

• Datyra.com owns all rights to the platform, software, and technology
• Our trademarks, logos, and branding remain our property
• You receive a limited license to use the Service as intended

5.2 User Content

• You retain ownership of content you create and upload
• You grant us a license to use your content to provide the Service
• You represent that you have rights to all uploaded content
• You are responsible for ensuring content doesn’t infringe third-party rights

5.3 AI-Generated Content

• AI-generated suggestions and recommendations are provided as-is
• You may use AI-generated content subject to these Terms
• We do not claim ownership of AI-generated suggestions
• You are responsible for verifying accuracy and appropriateness of AI content

5.4 Third-Party Content

• We may provide access to third-party templates and resources
• Third-party content is subject to separate license terms
• We are not responsible for third-party intellectual property claims

6. Privacy and Data Protection

Your privacy is important to us. Our collection and use of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

7. Payment Terms

7.1 Subscription Plans

• Various subscription tiers may be available
• Pricing and features are subject to change with notice
• Subscriptions automatically renew unless cancelled

7.2 Payment Processing

• Payments are processed by third-party payment processors
• You authorize us to charge your selected payment method
• All fees are non-refundable unless otherwise stated
• You are responsible for applicable taxes

7.3 Refunds and Cancellations

• Subscription cancellations take effect at the end of the billing period
• Refunds are provided at our discretion and per our refund policy
• Free trial periods may be offered for new users

8. AI Assistant Terms

8.1 AI Capabilities and Limitations

• Our AI assistant provides design suggestions and recommendations
• AI-generated content may not always be accurate or appropriate
• You should review and verify all AI-generated suggestions
• We do not guarantee the quality or suitability of AI recommendations

8.2 Training and Improvement

• We may use interactions to improve our AI models
• Personal information is handled according to our Privacy Policy
• You may opt out of certain data uses as described in our Privacy Policy

8.3 AI Content Responsibility

• You are responsible for final design decisions
• We are not liable for outcomes based on AI recommendations
• You should not rely solely on AI suggestions for critical decisions

9. Service Availability and Performance

9.1 Service Uptime

• We strive to maintain high service availability
• Scheduled maintenance will be announced when possible
• We do not guarantee uninterrupted service access

9.2 Performance Standards

• We work to provide responsive and reliable service
• Performance may vary based on usage patterns and system load
• We continuously work to improve service quality

10. Disclaimers and Limitations of Liability

10.1 Service Disclaimers

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, AND NON-INFRINGEMENT.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATYRA.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

10.3 Damage Caps

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Datyra.com and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you upload or create using the Service

12. Data Backup and Security

12.1 Data Backup

• We implement regular backup procedures for user data
• You are responsible for maintaining your own backups of critical content
• We recommend regularly exporting important project data

12.2 Security Measures

• We implement industry-standard security practices
• You are responsible for maintaining the security of your account
• Report any suspected security breaches immediately

13. Third-Party Integrations

13.1 Third-Party Services

• We may integrate with third-party design tools and services
• Third-party integrations are subject to their own terms and policies
• We are not responsible for third-party service availability or performance

13.2 API Access

• API access may be provided under separate terms
• API usage is subject to rate limits and usage policies
• We reserve the right to modify or discontinue API access

14. Modification of Terms

14.1 Updates

• We may update these Terms from time to time
• Material changes will be communicated via email or platform notifications
• Continued use of the Service constitutes acceptance of updated Terms

14.2 Notification

• We will provide at least 30 days notice for significant changes
• You may terminate your account if you disagree with changes
• Updated Terms become effective on the specified date

15. Termination

15.1 Termination by User

• You may terminate your account at any time through account settings
• Termination does not entitle you to refunds for prepaid services
• You remain liable for charges incurred before termination

15.2 Termination by Us

We may terminate or suspend your access for:

• Violation of these Terms
• Non-payment of fees
• Harmful or illegal activities
• Extended periods of inactivity

15.3 Effect of Termination

• Your access to the Service will cease immediately
• We may delete your account data after a reasonable period
• Provisions that should survive termination will remain in effect

16. Dispute Resolution

16.1 Informal Resolution

• We encourage resolving disputes through direct communication
• Contact our support team before pursuing formal action
• We will work in good faith to address your concerns

16.2 Binding Arbitration

• Disputes will be resolved through binding arbitration
• Arbitration will be conducted under [Insert Arbitration Rules]
• You waive the right to participate in class action lawsuits

16.3 Exceptions

• Either party may seek injunctive relief in court
• Small claims court actions are permitted
• Intellectual property disputes may be pursued in court

17. Governing Law and Jurisdiction

These Terms are governed by the laws of State of California without regard to conflict of law principles. Any legal action must be brought in the courts of State of California.

18. Severability and Waiver

18.1 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

18.2 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

19. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms for specific features, constitute the entire agreement between you and Datyra.com regarding the Service.

20. Contact Information

For questions about these Terms or our Service, contact us:

Email: admin@datyra.com

21. Compliance and Regulatory

21.1 Export Controls

You agree to comply with all applicable export control laws and regulations.

21.2 Accessibility

We strive to make our Service accessible to users with disabilities and comply with applicable accessibility standards.

21.3 GDPR and Data Protection

For users in the European Union, additional rights and protections apply as described in our Privacy Policy.

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These Terms and Conditions are effective as of the date listed above and govern your use of Datyra.com and its project design assistant services.