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Terms of Service
Thank you for using our services (“Services”). These Services are provided by Demografy Inc. ("we", "us", "our", "David One"), located at 2055 Limestone Rd, STE 200-C, Wilmington, DE, USA 19808. By using our Services, you are agreeing to the following terms and conditions (“Terms”). These Terms govern all use of the David One website and all content, services, other websites and products related to the website (taken together, "heydavid.ai"). David One product is referred separately as "AI companion" in this document.
Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, David One’s Privacy Policy) and procedures that may be published from time to time by David One (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades. Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. Our Services are not directed to users younger than 18, and access and use of our Services is only offered to users 18 years of age or older. If you are under 18 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older. Use of our Services requires a heydavid.ai account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your password secure.
1. Your Account.
If you create account on heydavid.ai, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify David One of any unauthorized uses of your account, or any other breaches of security. David One will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2. Privacy Policy.
Your personal information use is governed by the Privacy Policy, located at Privacy Policy.
3. Prohibited Uses.
When using heydavid.ai, you agree not to:
Engage in activity that is illegal under applicable law.
Use heydavid.ai to overburden David One’s systems, as determined by us in our sole discretion.
Use AI companion for generating harmful or illegal content under applicable law.
Provide access to your heydavid.ai account to other individuals (“shared access”).
Express aggressive, abusive or otherwise insulting behavior in conversation with AI companion.
Upload material that is or enables malware, spyware, adware, or other malicious code.
Allow usage by others in such a way as to violate this Agreement.
Make excessive or otherwise harmful automated use of the heydavid.ai.
Maliciously impersonate any real person or entity or to otherwise misrepresent your affiliation with any person or entity.
4. Payments and discounts.
Some Services such as paid subscription are paid. By using them, you agree that these services are not refundable and not guaranteed and you use them at your own discretion and risk. If provided services don’t meet your goals or don’t satisfy you in any way, we will not refund you. Our Services are intended only for information purposes and data provided by our Services is provided only for information purposes. We don't provide marketing, advertising, analytical, programming, content creation or other services and don't guarantee the success of particular marketing, advertising, analytical, programming, content creation or other activities that you conduct using data provided by our Services. By paying for these services you agree to provide us with all necessary payment information to process transactions if necessary. Some services also have discounts based on factors such as number of paying referral users you attract and other criteria. We reserve the right, at our sole discretion, to change eligibility criteria for these discounts or change or completely cancel these discounts at any time with or without notification. We also reserve the right, at our sole discretion, to change prices of our Services at any time with or without notification.
5. Customer reference.
If you represent a company, you agree that David One may identify the represented company as a recipient of our Services and use the represented company's name and logo in marketing materials, presentations, its websites and other materials. Doing it, David One will respect your privacy and will not publish or disclose your private information or information related to your use of our Services.
6. Expectations.
Though we believe in reasonable level of quality of our AI companion responses and strive to constantly improve it, our technology is new, very sophisticated and, as a result, the AI companion's responses are not expected to be 100% accurate and reliable. AI companion may give wrong, erroneous or completely false information from time to time and it is your duty to verify all responses if they are critical or important to your activies. Quality of responses also heavily depends on the quality of information you provide so we cannot guarantee its correctness in no event. As a result, our Services are not refundable and you use them at your own discretion and risk. Our Services are intended only for information purposes and data and responses provided by our Services is provided only for information purposes. We don't provide marketing, advertising, analytical, programming, content creation or other services and don't guarantee the success of particular marketing, advertising, analytical, programming, content creation or other activities you use AI companion for. Nor we guarantee correctness and quality of any responses of AI companion.
7. Copyright Infringement and DMCA Policy.
As David One asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by heydavid.ai violates your copyright, you are encouraged to notify David One in accordance with David One’s Digital Millennium Copyright Act (“DMCA”) Policy. David One will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. David One will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of David One or others. In the case of such termination, David One will have no obligation to provide a refund of any amounts previously paid to David One.
8. Intellectual Property.
This Agreement does not transfer from David One to you any David One's or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with David One. David One, David One Inc., heydavid.ai, the heydavid.ai logo, and all other trademarks, service marks, graphics and logos used in connection with heydavid.ai or our Services, are trademarks or registered trademarks of David One or David One’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any David One or third-party trademarks.
9. Changes.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. We will take reasonable steps to notify you of any substantial changes to this Agreement; however, it is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the heydavid.ai and its services following the posting of any changes to this Agreement constitutes acceptance of those changes.
We may also, in the future, add new services and/or features through the David One. Such new services and/or features shall be subject to the terms and conditions of this Agreement.
10. Termination.
David One may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your heydavid.ai account (if you have one), you may simply discontinue using our Services by contacting us. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties.
Our Services are provided "as is." David One hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, fitness for a particular expectations and non-infringement. David One makes no warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you use our Services at your own discretion and risk.
12. Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Delaware, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Wilmington, Delaware or Dover, Delaware.
13. Limitation of Liability.
In no event will David One be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; (iv) any statements or conduct of any third party on the service; or (v) any unauthorized access to or alterations of your Content. We shall have no liability for any failure or delay due to matters beyond our reasonable control.
14. US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and David One reserve the right to terminate accounts or access of those in the event of a breach of this condition.
15. Indemnification.
You agree to indemnify and hold harmless David One, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
16. Translation.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
17. Miscellaneous.
This Terms of Service document is based on one developed by Automattic (Wordpress.com) and is licensed under a Creative Commons Attribution-ShareAlike 2.5 License.