Terms of Service

These Terms of Service ("Terms") form a binding agreement between you ("you", "Customer") and DMOOP ("DMOOP", "we", "us") governing your access to and use of the DMOOP platform, including www.dmoop.com and the related Brand Agent, chat, and analytics tools (collectively, the "Service"). By creating an account or otherwise using the Service, you accept these Terms. If you do not accept them, do not use the Service.

1. Eligibility and account

You must be at least 18 years old (or the age of majority in your jurisdiction) and able to enter into a binding contract to use the Service. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to that organization. You are responsible for keeping your credentials confidential and for all activity under your account.

2. The Service

DMOOP provides an AI-assisted marketing intelligence platform that helps you draft, plan, and analyze marketing assets and campaigns. The Service uses third-party large language models, automated tools, and live web sources to generate outputs based on your prompts and uploaded materials. The Service may evolve over time; we may add, change, or discontinue features at our discretion, with reasonable notice for material changes.

3. Permitted use

You may use the Service for lawful business and personal purposes only. You agree NOT to:

• Use the Service to generate or distribute content that is illegal, fraudulent, defamatory, infringing, harassing, hateful, sexually explicit involving minors, or violates a third party's rights.
• Use the Service to develop a competing product, reverse engineer the Service, or scrape the Service in bulk.
• Attempt to bypass authentication, rate limits, or other access controls.
• Upload content you do not have the right to use, or content containing personal data of third parties without lawful basis.
• Interfere with the Service's operation or other users' enjoyment of the Service.
• Use the Service to make decisions producing legal or similarly significant effects on individuals (e.g., employment, credit, insurance) without appropriate human review.

4. Your content

You retain all ownership of materials you upload to the Service ("Customer Content"). You grant DMOOP a worldwide, non-exclusive, royalty-free license to host, process, transmit, and modify Customer Content solely as necessary to provide the Service to you and to improve the Service in aggregated, de-identified form. We do not use Customer Content to train third-party AI models without your explicit consent.

5. AI-generated output

The Service generates output using probabilistic AI models. Output may contain inaccuracies, omissions, or content that does not reflect current facts. You are solely responsible for reviewing output before relying on it, publishing it, or using it for any business or legal purpose. To the extent permitted by law, DMOOP assigns to you whatever rights it has in the output generated specifically in response to your prompts, subject to the limitations of underlying AI providers' terms. The same or similar output may be generated for other users, and we make no exclusivity guarantee with respect to AI output.

6. Intellectual property

Except for Customer Content and AI-generated output as described above, DMOOP and its licensors retain all right, title, and interest in and to the Service, including all software, designs, trademarks, and documentation. No rights are granted to you by implication, estoppel, or otherwise.

7. Fees and billing

The Service may include free and paid tiers. Fees, billing cycles, and refund policies for paid tiers will be presented at sign-up for the relevant plan and are incorporated into these Terms by reference. You authorize us and our payment processor to charge the payment method on file for all fees due. Late or unpaid amounts may result in suspension or termination of the Service.

8. Privacy

Our collection and use of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service you also agree to that Policy.

9. Confidentiality

Each party agrees to protect the other's confidential information with at least the same degree of care it uses to protect its own confidential information, and not less than reasonable care. Confidential information does not include information that is publicly available, already known, independently developed, or rightfully received from a third party.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, DMOOP DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DMOOP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT AI OUTPUT WILL BE ACCURATE, COMPLETE, OR APPROPRIATE FOR ANY PURPOSE.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DMOOP, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE. DMOOP'S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO DMOOP IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD 100).

12. Indemnification

You agree to defend, indemnify, and hold harmless DMOOP and its affiliates, officers, employees, and agents from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of or relating to: (i) your Customer Content; (ii) your use of the Service in violation of these Terms or applicable law; or (iii) your violation of any third-party right, including any intellectual property or privacy right.

13. Termination

You may terminate your account at any time from your settings or by emailing us. We may suspend or terminate your access to the Service if you breach these Terms, fail to pay applicable fees, or use the Service in a way that could subject DMOOP to liability. Upon termination, your right to use the Service ends immediately. Sections that by their nature should survive termination will survive (including ownership, disclaimers, limitations of liability, and indemnification).

14. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or by a prominent notice within the Service before the changes take effect. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

15. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms or the Service will be resolved exclusively in the state or federal courts located in Delaware, and you and DMOOP consent to the personal jurisdiction of those courts. If you are based in India, you may alternatively bring suit in the courts of Bengaluru, Karnataka, India. Nothing in this section prevents either party from seeking injunctive relief in any court of competent jurisdiction.

16. Miscellaneous

These Terms (together with the Privacy Policy and any order forms) are the entire agreement between you and DMOOP regarding the Service. If any provision is found unenforceable, the remainder of the Terms remain in effect. Our failure to enforce any right is not a waiver. You may not assign these Terms without our written consent; we may assign them to an affiliate or successor in connection with a merger, acquisition, or sale of assets.

17. Contact

Questions about these Terms? Email us at legal@dmoop.com.