Terms of Service
These Terms of Service ("Terms") govern your access to and use of the websites, products and services ("Services") provided by DiatomStack Technologies ("DiatomStack", "we", "us" or "our"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
1. Eligibility
You must be at least 18 years old and have the legal authority to enter into these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2. Your Account
You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You must notify us promptly of any unauthorized use or suspected security breach. We are not liable for losses caused by your failure to protect your credentials.
3. Acceptable Use
You agree not to:
- Use the Services in violation of any law or regulation.
- Reverse engineer, decompile, or attempt to extract the underlying source code or models of the Services, except as permitted by law.
- Interfere with or disrupt the integrity or performance of the Services.
- Attempt to gain unauthorized access to any portion of the Services or related systems.
- Use the Services to generate, store or transmit unlawful, infringing, harmful or fraudulent content.
- Use outputs to train models that compete with DiatomStack's products.
4. Customer Content
You retain all rights in the content you submit to the Services ("Customer Content"). You grant DiatomStack a limited license to host, process and transmit Customer Content solely to provide and improve the Services for you. You represent that you have all rights necessary to submit Customer Content and that it does not violate any law or third-party right.
5. AI-Generated Output
The Services may generate output using artificial intelligence. Because of the nature of AI, output may be inaccurate, incomplete or otherwise unsuitable for your purposes. You are responsible for reviewing and validating output before relying on it, especially in regulated, safety-critical or legally binding contexts. DiatomStack does not warrant that output is error-free.
6. Fees and Payment
Certain Services are offered for a fee. Fees, billing terms and cancellation policies are set out in your order form or subscription agreement. All fees are non-refundable except where required by law or expressly stated. Taxes are your responsibility unless specified otherwise.
7. Intellectual Property
The Services, including all software, interfaces, documentation and trademarks, are the property of DiatomStack or its licensors and are protected by applicable laws. Except for the rights expressly granted in these Terms, no rights are granted to you.
8. Confidentiality
Each party may have access to information that is confidential to the other ("Confidential Information"). The receiving party will use the same degree of care to protect Confidential Information as it uses to protect its own confidential information, and will not disclose it except to employees, agents or contractors who need to know and are bound by confidentiality obligations.
9. Third-Party Services
The Services may integrate with or link to third-party products or websites. DiatomStack does not control and is not responsible for third-party services. Your use of them is governed by their own terms.
10. Warranty Disclaimer
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIATOMSTACK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. DIATOMSTACK'S TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS WILL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM.
12. Indemnification
You agree to indemnify and hold harmless DiatomStack and its affiliates, officers, employees and agents from any claims, damages or expenses arising out of your use of the Services, your Customer Content, or your violation of these Terms.
13. Term and Termination
These Terms are effective until terminated. Either party may terminate for material breach that is not cured within 30 days of written notice. Upon termination, your right to use the Services ceases. Sections that by their nature should survive termination will survive.
14. Changes to the Services and Terms
We may update or modify the Services and these Terms from time to time. If we make material changes, we will provide notice (e.g. on this page or by email). Your continued use of the Services after such notice constitutes acceptance of the updated Terms.
15. Governing Law
These Terms are governed by and construed in accordance with the laws applicable to DiatomStack Technologies' principal place of business, without regard to its conflict-of-law principles. The parties submit to the exclusive jurisdiction of the courts located in that jurisdiction.
16. Miscellaneous
These Terms, together with any order forms and related agreements, constitute the entire agreement between you and DiatomStack regarding the Services. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce a right is not a waiver of that right.
17. Contact
Questions about these Terms? Email us at legal@diatomstack.com.