Terms & Conditions

At Donely AI (“Donely,” “we,” “us,” or “our”), we provide access to our website, software, and services (collectively, the “Service”). These Terms of Service (“Terms”) govern your use of the Service. By accessing or using the Service, you acknowledge that you accept and agree to be bound by these Terms.

Your use of the Service is also subject to our Privacy Policy, which is incorporated herein. Any terms not defined here have the meanings given in the Privacy Policy.

We may update these Terms from time to time. If we make material changes, we will notify you by posting a notice on our website, sending an email, or other appropriate means. Continued use of the Service after changes are posted constitutes acceptance of the revised Terms.

1. What These Terms Are

These Terms govern your access and use of:

• The website at https://donely.ai/ (together with any successor site, the “Site”).
• Any software, files, or documentation available for download from the Site (collectively, the “Software”).
• All services, content, tools, features, and functionalities offered through the Site and Software (collectively, the “Service”).

Acceptance. By using the Service, you agree to these Terms. If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, and “you” refers to that entity. If you lack such authority or do not agree with these Terms, you must not use the Service.

2. Eligibility and Accounts

Eligibility. You must be at least 18 years of age to use the Service. The Service is not directed to individuals under 18, and we do not knowingly allow minors to use it. If you believe a minor has accessed the Service, contact us at privacy@donely.ai.

Accounts. To use certain features, you must create an account with a password linked to your email address (“Account”). You agree to:

• Provide accurate, current, and complete information.
• Maintain the confidentiality of your Account credentials.
• Notify us immediately of any unauthorized use or security breach at privacy@donely.ai.
  You are responsible for all activities under your Account.

3. Access and Use of the Service

Access and Restrictions. You may use the Service only for personal, non-commercial purposes. You shall not:

• Sublicense, resell, rent, lease, transfer, or commercially exploit the Service.
• You may not modify, copy, distribute, or create derivative works of the Service or its content, except for personal, non-commercial sharing (e.g. on social media) which we encourage.
• Use the Service unlawfully, including violating data, privacy, or export control laws.
• Hack, modify, or attempt unauthorized access to the Service or related systems.
• Use bots, hacks, or unauthorized software to alter the Service.
• Circumvent technological measures or content protections.
• Use spiders, crawlers, or scrapers to extract data.
• Introduce viruses, worms, or harmful materials.
• Use the Service for illegal, harassing, or disruptive purposes.
• Access the Service in any way not expressly permitted by these Terms.
  You must comply with any codes of conduct or policies we provide.

Software License. The Software is protected by intellectual property laws. We grant you a non-transferable, non-sublicensable, non-exclusive license to use the Software on a compatible device solely for the Service. You may not copy, modify, reverse engineer, or transfer any rights in the Software. Access the Service only through our provided interface.

AI Outputs. The Service may generate outputs (e.g., recommendations, actions, or content) using artificial intelligence (“AI Outputs”). AI Outputs may:

• Contain errors or misleading information.
• Lack human-like empathy or emotional context.
• Be non-unique, as other users may receive similar outputs.
  You are responsible for evaluating and bearing all risks associated with AI Outputs, including their accuracy, completeness, or safety. We disclaim liability for any loss, damage, or system instability arising from your use of AI Outputs.

Autonomous Functions. The Service may autonomously execute functions (e.g., data processing, interface actions) based on your inputs, context, or patterns (“Autonomous Functions”). You are solely responsible for supervising, reviewing, approving, or disabling such functions and maintaining adequate backups. You are liable for any consequences of Autonomous Functions, including data deletion or system changes, which may be irrevocable. We disclaim liability for any loss or damage from your use or configuration of Autonomous Functions.

4. Your Content

Your Content. You are responsible for all data, information, feedback, text, or other materials you provide to or through the Service, including usage data like cursor movements, key codes, or screen composites (“Your Content”). By using the Service, you grant us (and our third-party partners) a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, modify, reproduce, distribute, and perform Your Content to:

• Provide the Service to you.
• Improve the Service, including training AI models.
  We may share Your Content with third parties for legal compliance or service provision. You represent that you have all necessary rights to grant this license.

Security Measures. We use reasonable safeguards to protect Your Content, but no system is failsafe. You are responsible for securing and backing up Your Content. We are not liable for unauthorized access, corruption, deletion, or loss of Your Content.

5. Intellectual Property Rights

Donely Rights. The Service, including its design and content, is protected by intellectual property laws. We and our licensors own all rights, title, and interest in the Service and Software. All rights not expressly granted are reserved.

Donely Trademarks. “Donely AI” and related logos are our trademarks (“Donely Trademarks”). Other names or logos used in the Service may belong to third parties not affiliated with us. No license to use Donely Trademarks is granted without our prior written permission.

Feedback. Any feedback, comments, or suggestions you provide (“Feedback”) becomes our sole property. You assign all rights, including intellectual property rights, in Feedback to us, and we may use it without notice or compensation.

6. Third Party Services

The Service may link to third-party services, sites, or resources (“Third-Party Services”), which have their own terms and privacy policies. You may need to authenticate or create accounts to use them. We are not responsible for the accuracy, availability, or privacy practices of Third-Party Services, nor for any costs or damages arising from their use. Their inclusion does not imply endorsement.

7. Data Storage, Infrastructure & Security

The Service is in development and provided “as is” and “as available.” We disclaim all warranties, express, implied, or statutory, including for merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that:

• The Service will meet your requirements.
• The Service will be uninterrupted, secure, or error-free.
• Results from the Service will be accurate or reliable.
• Any products or information obtained through the Service will meet your expectations.
  You use the Service at your sole risk.

8. Limitation of Liability

We shall not be liable under any legal theory (contract, tort, or otherwise) for:

• Indirect, incidental, special, exemplary, consequential, or punitive damages, including lost profits or data.
• Direct damages exceeding the greater of (i) fees paid for the Service in the prior six months, or (ii) US $100.
  Some jurisdictions may not allow certain disclaimers or liability limitations, so these may not apply to you. Your sole remedy for dissatisfaction is to discontinue using the Service.

9. Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate. Any disputes arising from these Terms, the Service, or our relationship will be resolved through binding arbitration under the American Arbitration Association’s (“AAA”) Consumer Arbitration Rules (https://www.adr.org/consumer), except for small claims court filings if applicable. You and Donely waive the right to a jury trial or class action. The Federal Arbitration Act governs this agreement.

Prohibition of Class Actions. Claims must be brought individually, not as part of a class or representative action. The arbitrator may not consolidate claims or award relief beyond what is necessary for your individual claim, except for public injunctive relief if required by law.

Pre-Arbitration Process. Before arbitration, you must send a written Notice of Dispute to privacy@donely.ai, describing the claim and relief sought. If unresolved within 60 days, arbitration may commence. Settlement offers remain confidential until the arbitrator’s decision.

Arbitration Procedures. Arbitration will follow AAA rules, with the arbitrator deciding all issues, including the scope of this agreement. Hearings for claims under $10,000 may be document-based or telephonic at your choice; larger claims follow AAA rules. The arbitrator will issue a reasoned written decision.

Seat of Arbitration. Hearings will occur in a mutually convenient location, considering travel and other factors.

Costs. Arbitration fees follow AAA rules. If not allocated, we split fees equally, but if you prove economic hardship, we will pay your share. We will also cover fees if arbitration costs are deemed prohibitive compared to litigation.

Confidentiality. All arbitration proceedings and decisions are confidential.

Severability. If any part of this arbitration agreement (except the class action prohibition) is invalid, it will be replaced with a valid term closest to the original intent. If the class action prohibition is invalid, the entire arbitration agreement is void, except for public injunctive relief claims.

10. Termination

We may suspend or terminate your Account or access to the Service at our discretion, including for violations of these Terms or inactivity, without notice. We may delete your Account and Your Content upon termination. We are not liable for any termination or loss of access. You may terminate by discontinuing use and uninstalling the Software.

11. General Provisions

These Terms constitute the entire agreement between you and Donely regarding the Service, superseding prior agreements. Additional terms may apply for Third-Party Services. California law governs, without regard to conflict of law principles. Claims must be filed within one year. You may not assign these Terms without our consent; we may assign them freely. Notices may be sent via email or mail. We are not liable for delays due to uncontrollable events (e.g., natural disasters).

12. Subscription & Payment Terms

If you subscribe to a paid plan, you agree to the billing terms provided at checkout, including recurring charges. You may cancel your subscription at any time through your Account settings, but no refunds will be provided for partial billing periods unless required by law. We may modify subscription fees with notice, and continued use after such changes constitutes acceptance of the new fees. You are responsible for providing accurate payment information and authorize us to charge your provided payment method.

13. Service Availability and Modifications

We may temporarily suspend the Service for maintenance, updates, or other operational needs without notice, though we will strive to minimize disruptions. As the Service is in development, we may modify, add, or remove features at any time without prior notice. We are not liable for any loss or damage resulting from such changes or interruptions.

14. User Conduct

You agree not to use the Service to generate, request, or share content that is illegal, defamatory, obscene, harassing, or violates any applicable laws or third-party rights. We reserve the right to suspend or terminate your access for violating these conduct standards.

15. Contact Information

If you have questions or requests, contact us: 📧 privacy@donely.ai