Terms of Service

Welcome to Damasiom! These Terms of Service ("Terms", "Terms of Service", or "Agreement") govern your access to and use of all services, applications, websites, APIs, and content provided by Damasiom, including all our applications and platforms (collectively, the "Services").

Damasiom is a software development company based in Germany, operating as a small business (Kleinunternehmen) under German law.

We specialize in developing and providing advanced AI-powered tools, productivity applications, and AI-as-a-Service solutions designed to make everyday tasks easier, more efficient, and more accessible to users worldwide.

You may use our Services only if you meet the following eligibility requirements:

By creating an account, you represent and warrant that you meet all of these eligibility requirements. If you do not meet these requirements, you must not access or use the Services.

To access most features of our Services, you must create an account. You are responsible for maintaining the security and confidentiality of your account.

Account Registration

• You may register via email or through third-party authentication providers (Google, GitHub)
• You must provide accurate, complete, and current information during registration
• You must promptly update your account information if it changes
• One person or entity may not maintain multiple free accounts to circumvent usage limits or trial restrictions

Account Suspension or Termination

Damasiom reserves the right to suspend, disable, or terminate your account at any time, with or without notice, if we reasonably believe you have violated these Terms, our Acceptable Use Policy, or engaged in fraudulent or illegal activity.

You agree to use our Services in a lawful and responsible manner. The following activities are strictly prohibited:

Enforcement

We reserve the right to investigate violations of these policies and take appropriate action, including but not limited to warning, temporary suspension, permanent termination of your account, legal action, and cooperation with law enforcement authorities.

If you become aware of any violation of these Acceptable Use policies, please report it to support@damasiom.com.

Your Content Ownership

You retain full ownership of all content, data, and information you input into our Services ("User Content"), including:

• Prompts, queries, and requests you submit to AI services
• Files, documents, or media you upload
• API requests and data you provide

AI-Generated Outputs

Limited License You Grant to Us

By using our Services, you grant Damasiom a limited, non-exclusive, worldwide, royalty-free license to:

• Process your User Content solely to provide, maintain, and improve the Services
• Transmit your User Content to third-party AI providers as necessary to deliver the Services
• Store your User Content temporarily in our systems as required for service delivery

This license exists only for the purpose of operating and improving our Services. We do not use your User Content for any other purpose, and we do not train our models on your data.

Your Responsibility for User Content

You represent and warrant that:

• You own or have the necessary rights to all User Content you submit
• Your User Content does not violate any laws or third-party rights
• Your User Content does not contain malware, viruses, or harmful code

Some features and services are offered on a paid subscription basis. By subscribing, you agree to the following payment terms:

Payment Processing

Subscription Terms

• Billing Cycles: Subscriptions are billed on a recurring basis (monthly or annually) as selected at checkout
• Automatic Renewal: Subscriptions automatically renew at the end of each billing period unless canceled
• Authorization: By subscribing, you authorize Damasiom to charge your payment method for all recurring fees
• Pricing: Current subscription pricing and features are displayed at checkout and in your account dashboard

Price Changes

Damasiom reserves the right to modify subscription pricing at any time. We will provide reasonable advance notice of any price changes. Continued use of the Services after a price change takes effect constitutes your acceptance of the new pricing.

Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. You will continue to have access to paid features until the end of the billing period.

Refunds

Payment Failures

If a payment fails, we will attempt to process it again. If payment cannot be processed after multiple attempts, your subscription may be downgraded or suspended until payment is successfully processed.

We may offer free trial periods to allow you to evaluate our Services before committing to a paid subscription.

Trial Terms

• Free trial duration and features are specified at signup
• You may be required to provide payment information to start a trial
• Free trials are limited to one per user

Trial Modifications

We reserve the right to modify, suspend, or discontinue free trial offers at any time without notice.

Our Services integrate with external AI and third-party service providers to deliver advanced functionality. By using our Services, you acknowledge and agree to this integration.

AI Service Providers

Payment Processing

Stripe handles all payment and subscription data securely. We do not store or access your financial information.

Third-Party Terms & Privacy

No Endorsement or Liability

We select third-party providers carefully, but we do not control their services and are not responsible for their performance, availability, or compliance with their own terms. Any issues with third-party services should be directed to those providers.

Damasiom's Ownership

All intellectual property rights in the Services, including but not limited to:

• Software, code, algorithms, and architecture
• Branding, logos, trademarks, and trade dress
• Website design, user interfaces, and visual elements
• Documentation, tutorials, and instructional materials
• Any content created by Damasiom

Are owned by or licensed to Damasiom and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Limited License to Use Services

Subject to your compliance with these Terms, Damasiom grants you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Services for your personal or internal business purposes
• Use AI-generated outputs as described in your subscription tier

This license does not grant you any rights to our underlying technology, source code, or proprietary methods.

Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant Damasiom an unrestricted, perpetual, royalty-free right to use, modify, and incorporate that feedback without compensation or attribution.

No Guarantees of Accuracy

Damasiom does not guarantee that AI-generated outputs will be:

• Accurate or factually correct - AI may produce false or misleading information
• Appropriate for your use case - Outputs may not meet your specific requirements
• Legally compliant - AI may generate content that violates laws or regulations in your jurisdiction
• Free from errors - Generated code may contain bugs, security vulnerabilities, or logical errors
• Original or non-infringing - AI may inadvertently produce content similar to copyrighted works
• Safe for production use - AI outputs require human review before deployment

Critical Use Warning

Do not rely on AI-generated outputs for critical applications, medical decisions, legal advice, financial decisions, or any use case where errors could result in harm, injury, or significant loss. Always consult qualified professionals for such matters.

You agree to indemnify, defend, and hold harmless Damasiom, its affiliates, officers, directors, employees, agents, and licensors from and against any and all:

• Claims, demands, actions, or proceedings
• Losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees)

Arising out of or related to:

• Your use or misuse of the Services
• Your violation of these Terms or applicable laws
• Your User Content or any content you submit
• Your violation of third-party rights, including intellectual property, privacy, or publicity rights
• Your use of AI-generated outputs in violation of laws or these Terms
• Any negligent or wrongful conduct by you or anyone using your account

This indemnification obligation will survive termination of your account and these Terms. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

No Warranties

To the maximum extent permitted by law, Damasiom disclaims all warranties, including but not limited to:

• Merchantability: Fitness for a particular purpose
• Non-infringement: That the Services don't violate third-party rights
• Accuracy: That content or outputs are accurate or reliable
• Availability: That Services will be uninterrupted, secure, or error-free
• Quality: That Services meet your expectations or requirements
• Security: That Services are completely secure or free from vulnerabilities

Specific Disclaimers

Damasiom does NOT guarantee that:

• The Services will be available at all times or meet your specific needs
• AI-generated outputs will be accurate, appropriate, legally compliant, or usable
• Defects or errors will be corrected
• The Services are free from viruses, malware, or other harmful components
• Your data will never be lost (though we implement reasonable backup procedures)
• Third-party services will function properly or remain available

Your Risk and Responsibility

You understand and agree that you use the Services at your own risk. You are solely responsible for any damage to your computer system, loss of data, or other harm resulting from your use of the Services.

Beta Features

Some features may be offered as "beta," "preview," or "experimental." These features are provided for evaluation purposes and may not function properly. They may be changed or discontinued at any time without notice.

Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, some of the above exclusions may not apply to you.

Excluded Damages

In no event shall Damasiom be liable for any:

• Indirect damages
• Incidental damages
• Consequential damages
• Special damages
• Punitive damages
• Lost profits, revenue, or business opportunities
• Loss of data or information
• Cost of substitute services
• Business interruption
• Reputational harm

Even if Damasiom has been advised of the possibility of such damages or losses, and regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise).

Maximum Liability Cap

Third-Party Services

Damasiom is not responsible or liable for the actions, performance, content, or terms of any third-party service providers (including OpenAI, Anthropic, Google, Stripe, etc.). Any issues with third-party services must be directed to those providers.

Essential Basis of Agreement

You acknowledge that these limitations of liability are an essential element of the agreement between you and Damasiom. The Services would not be provided to you without these limitations.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, the above limitations may not fully apply to you, and Damasiom's liability will be limited to the maximum extent permitted by law.

Damasiom reserves the right to suspend, limit, or interrupt access to the Services under certain circumstances to ensure service quality, security, and fairness for all users.

Suspension for Non-Payment

If your payment method fails or you have unpaid balances, we may:

• Suspend access to paid features
• Downgrade your account to a free tier
• Limit or restrict your usage of the Services

Access will be restored once payment is successfully processed.

Maintenance & Emergency Suspension

We may suspend or interrupt Services for:

• Scheduled maintenance: Planned updates and improvements
• Emergency maintenance: Urgent fixes for security or stability issues
• Security incidents: Addressing active threats or vulnerabilities
• Third-party outages: When our service providers experience disruptions
• Force majeure: Events beyond our reasonable control

We will make reasonable efforts to provide advance notice of scheduled maintenance when possible, but we are not obligated to do so.

No Liability for Interruptions

Damasiom will not be liable for any losses, damages, or inconvenience resulting from service suspensions, interruptions, or unavailability, whether planned or unplanned.

We may update, modify, or revise these Terms from time to time to reflect changes in our Services, business practices, legal requirements, or for other operational reasons.

How We Notify You

For significant changes that materially affect your rights or obligations, we will notify you by:

• Email notification to the address associated with your account
• In-app notification when you log in
• Prominent notice on our website

Effective Date

Changes become effective 30 days after we provide notice, or immediately upon posting for minor changes (such as formatting or clarifications that don't affect your rights).

Access to Current Terms

The most current version of these Terms will always be available at this URL. The "Last Updated" date at the top indicates when the Terms were last revised. We encourage you to review these Terms periodically.

Your Right to Terminate

You may terminate your account and stop using the Services at any time by:

• Canceling your subscription through your account settings
• Contacting us at support@damasiom.com
• Requesting account deletion

Cancellation takes effect at the end of your current billing period. You will not receive refunds for partial billing periods unless required by law or our refund policy.

Effect of Termination

Upon termination of your account:

• Your license to use the Services immediately ends
• You lose access to your account, data, and any subscription features
• We may delete your User Content subject to our data retention policies
• We may retain your email address to prevent trial abuse as described in our Privacy Policy
• Outstanding payment obligations remain due

Survival

Provisions of these Terms that by their nature should survive termination will survive, including but not limited to: ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution.

We hope to resolve any disputes amicably. However, if a dispute arises, the following terms apply:

Informal Resolution

Before initiating formal proceedings, you agree to first contact us at support@damasiom.com to attempt to resolve the dispute informally. We will make good-faith efforts to resolve disputes through negotiation within 30 days.

Exclusive Jurisdiction

Class Action Waiver

To the extent permitted by law, you agree that any dispute will be resolved on an individual basis. You waive the right to participate in class actions, class arbitrations, or representative actions against Damasiom.

Costs and Fees

Each party will bear its own costs and attorneys' fees unless otherwise required by law or awarded by a court.

EU Consumer Rights

If you are a consumer located in the European Union, you benefit from mandatory consumer protection provisions under EU and national law. Nothing in these Terms affects your statutory rights as a consumer.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Damasiom regarding the Services and supersede all prior or contemporaneous agreements, communications, and proposals.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

Waiver

No waiver of any term or condition of these Terms will be deemed a continuing waiver or waiver of any other term or condition. Damasiom's failure to enforce any right or provision does not constitute a waiver of that right or provision.

Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations without Damasiom's prior written consent. Damasiom may freely assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

Force Majeure

Damasiom will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, natural disasters, internet or telecommunications failures, or government actions.

Export Compliance

You agree to comply with all applicable export and import control laws and regulations in your use of the Services. You may not use the Services if you are subject to sanctions or export restrictions by the EU, Germany, the United States, or any other applicable jurisdiction.

No Third-Party Beneficiaries

These Terms are for the benefit of you and Damasiom only. No third party has any right to enforce or benefit from these Terms.

Language

These Terms are drafted in English. Any translation is provided for convenience only. In case of conflict, the English version prevails to the extent permitted by law.