These terms of service (these “Terms”) are entered into by and between You (as defined below) and Decoai, a legal entity incorporated and existing under the laws of H.K.S.A.R. with its registered address at Flat 2803, Kimberland Center, 55 Wing Hong Street, Lai Chi Kok, Hong Kong, including its subsidiaries and affiliates (“DecoAI” or “We”, or “Our” or “Us”). These Terms include any documents they expressly incorporate by reference, and they govern Your access to and use (whether as a guest or a registered user) of www.decoai.com and the DecoAI mobile app, including any products, applications, features, technologies, software, content, functionality, and services offered on or through www.decoai.com or the DecoAI mobile app, or that DecoAI may offer in the future (the “Services“).
If access to and use of the Services is on behalf of a corporation, sole proprietorship, other company, government agency, or other entity, the person executing these Terms does so on behalf of that entity, and he or she represents and warrants that he or she has the authority to do so. If access to and use of the Services is by a minor, the person executing these Terms does so on behalf of that minor, and he or she represents and warrants that he or she is the parent or legal guardian of the minor; has the legal right to consent to these terms on behalf of the minor; and consents to these Terms on behalf of the minor; and agrees that the minor will be bound by these Terms. “You” refers to the company, other entity, or minor accessing and using the Services, or, if none of the foregoing applies, to the person executing these Terms.
The Services are offered and available to users who are 16 years of age or older. By agreeing to these Terms, You warrant that You are of legal age to form a binding contract with DecoAI where You reside or are located, and that You meet DecoAI’s eligibility requirements. If You do not meet these requirements, You must not access or use the Services. If it appears that You may not be old enough to user Our Services, Your account may be disabled.
1. ACCESS TO AND USE OF THE SERVICES
1.1 Ownership of Intellectual Property in the Services
DecoAI and its licensors own (i) the Services and (ii) the Services’ entire contents, features, and functionality, including but not limited to all information, software, data files, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (the “Materials”). The Services and the Materials are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The DecoAI name; the term DecoAI; the DecoAI logo and all related names, logos, product and service names, designs, and slogans are trademarks of DecoAI or its affiliates or licensors. You must not use such marks without the prior written permission of DecoAI.
1.2. Access to and Use of the Services and Materials
Upon Your acceptance of these Terms, DecoAI authorizes You to access and make Permitted Use (as defined below) of (a) the Services and (b) within the context of the Services, the Materials.
Except pursuant to Sections 1.3 and 2.2, DecoAI does not transfer or license to You any intellectual property right or other right, title, or interest in or to the Services, the Materials, any copies of the Services or the Materials, or any other asset. For the avoidance of doubt, the preceding sentence does not restrict any automatic reproduction or other use of Materials typical of computers accessing websites, to the extent necessary for Your computer to access and use the features of the Services provided to DecoAI’s customers generally. DecoAI reserves all rights not expressly granted by these Terms.
1.3. Permitted Uses
Provided that You comply with these Terms, DecoAI grants You a limited, nonexclusive, revocable, non-transferable, non-sublicensable license to do the following, depending on Your account type:
A) For owners of personal accounts:
- Use the Materials and the Services to create two-dimensional or three-dimensional room designs or floor plans within the context of the Services for personal, non-commercial or non-revenue generating purposes.
- Create photorealistic renders with DecoAI watermark of any room designs or floor plans You create using the Services and the Materials (“Renders”), and save, print, and download the Renders for Your personal use.
- Participate in contests, sweepstakes, and other sales promotions, to the extent such activities are offered by DecoAI and subject to DecoAI’s separate rules governing those activities (see Section 1.6 below).
B) For owners of commercial accounts:
- Use the Materials and the Services to create two-dimensional or three-dimensional room designs or floor plans within the context of the Services for commercial purposes or revenue generating activities.
- Create photorealistic Renders without DecoAI watermark, and save, print, and download the Renders for Your commercial use or revenue-generating activities.
C) For owners of Education accounts:
- Use the Materials and the Services as an educational tool to create two-dimensional or three-dimensional room designs or floor plans within the context of the Services; purchase desired number of individual student licenses and assign them to corresponding number of students; withdraw and re-assign the student’s license at the Education account’s owner discretion.
- Create photorealistic Renders with DecoAI watermark of any room designs or floor plans created by Education account owner (and/or by students to which Education account owner assigned purchased licenses) using the Services and the Materials, and save, print, and download the Renders for educational use, if such feature is offered by the Services.
1.4. Prohibited Uses
You must not use the Services other than for lawful purposes and in accordance with these Terms. By way of example and without limitation, You must not:
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Materials from www.decoai.com or the DecoAI mobile app.
- Access or use any part of the Services or any services or Materials available through the Services, for any use other than Permitted Uses.
- Use the Services or Materials for service bureau or time-sharing purposes or in any other way allow third parties to exploit them.
- Access, view, use, or copy any of the data files from which DecoAI’s objects and floor plans are rendered, or any URLs at which such data files are located, other than (a) through Permitted Uses of the Services to create floor plans, including manipulating objects and floor plans.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive any of the Services’ or Materials’ source code or data files.
- Violate in any way any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- Use the Services for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- Impersonate or attempt to impersonate DecoAI, its employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which may harm DecoAI or users of the Services, or expose them to liability.
- Use the Services in any manner that could disable, overburden, damage, or impair the site or the DecoAI mobile app or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the Materials on the Services.
- Use any manual process to monitor or copy any of the Materials on the Services, or for any other purpose not expressly authorized in these Terms, without Our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Services.Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
- Attack the Services through any cyber attack or other means, including without limitation a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
- Post any User Contribution (as defined below in Section 2) that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote or use sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or other classification protected by applicable law.Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Post any User Contribution that is likely to deceive any person.Promote any illegal activity, or advocate, promote, or assist any unlawful act.Engage in conduct that causes annoyance, inconvenience, or needless anxiety, or that is likely to upset, embarrass, alarm, or annoy any other person.
- Misrepresent Your identity, or Your affiliation with any person or organization.Use the Services for commercial or revenue-generating activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising, other than as provided by the Permitted Uses.
- Give the impression that any of Your activities emanate from or are endorsed by DecoAI or any other person or entity, if this is not the case.
- Provide Your password or log-in information to any other person or third party.
- Share non-public Materials or other Services content with any third party.
Any use of the Services or Materials not expressly permitted by these Terms constitutes a breach of these Terms, and may violate copyright, trademark, or other laws. If You copy, modify, download, or otherwise use or provide any other person with access to any part of the Services other than as allowed by the Permitted Uses, or violate these Terms in any other way, Your right to use the Services will terminate immediately, and You must, at Our option and without limiting Our other rights or remedies, return or destroy any copies of the Materials You have made.
DecoAI offers certain paid Services through www.decoai.com and through the DecoAI mobile app (“Subscription(s)”).
- Prices.All Subscription prices are subject to change without notice. The price charged for Services will be the price in effect at the time the order is placed. Price increases will only apply to orders placed after such changes. We are not responsible for pricing, typographical, or other errors in any offer by Us and We reserve the right to cancel any orders arising from such errors.
- Payment terms.Terms of payment are within Our sole discretion. If You wish to buy a Subscription, You shall provide us with a valid payment information, including, without limitation, Your payment card information if You choose to pay by card (e.g. card number, card expiration date, CVV/CVC code) and Your account information. You represent and warrant that (i) the credit card or other payment information You supply to us is true, correct, and complete, (ii) You are duly authorized to use such credit card or payment method for the purchase, (iii) charges incurred by You will be honored by Your credit card company, and (iv) You will pay charges incurred by You at the posted prices, including all applicable taxes, if any. By submitting such payment information, You automatically authorize DecoAI to charge all Subscription fees incurred through Your account to any such payment instruments.
- Billing.You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis or a yearly basis depending on the Subscription You select.
- Renewal.At the end of each Billing Cycle, Your Subscription will automatically renew under the same conditions unless You cancel it or DecoAI cancels it. You may cancel Your Subscription renewal either through Your account profile page (if You use Our service through the website) or through the settings on Your mobile device (if You use Our service through the app on Your mobile device).
- Refunds.Except when required by law, paid Subscription fees are non-refundable. For more information please read Our Refund Policy.
- Contests, Sweepstakes and Promotions