Decofy Terms of Use

These Terms of Use (the "Terms") form a legally binding agreement between you ("you" or "User") and SERENDIPITY ONE INC ("Decofy," "we," "our," or "us"), a company organized under the laws of the State of Washington, USA, with its registered address at 24829 SE 22nd Ct, Sammamish, WA 98075, USA. They govern your access to and use of all Decofy products, websites, mobile applications, APIs, and related services (collectively, the "Service").

By accessing or using the Service, you (i) acknowledge that you have read and understood these Terms, our Privacy Policy, and (ii) agree to be bound by them. If you do not agree, do not access or use the Service.

1. Eligibility & Accounts

1.1 Age Requirements

You must be at least 13 years old (or the minimum legal age in your jurisdiction) to use the Service. Where the European Union's GDPR applies, you must be 16 years or older. If you are under the applicable age of majority, you may use the Service only with the consent of your parent or legal guardian, who must review and accept these Terms.

1.2 Account Registration

Certain features require you to create an account. You agree to provide accurate, current information and keep it up to date. You are responsible for all activities under your account and must keep your password secure. Notify us immediately at [email protected] of any unauthorized use.

2. The Service

2.1 What Decofy Does

Decofy is an AI‑powered interior‑design assistant. It generates design ideas, layout recommendations, product suggestions, and AI‑rendered visuals based on user inputs.

2.2 AI Content

Content generated by Decofy ("AI Content") is provided "as is" for informational and inspirational purposes only. You acknowledge that it does not constitute professional architectural, engineering, design or legal advice. You are solely responsible for verifying accuracy and consulting qualified professionals before relying on any AI Content. AI Content may contain errors, inaccuracies, or omissions and should not be solely relied upon for important decisions.

2.3 Third‑Party Products & Links

The Service may display or link to third‑party products, websites, APIs, or services. Inclusion does not imply affiliation or endorsement. We do not control or endorse them and are not responsible for their availability, accuracy, or practices. Decofy may receive compensation for referrals. Your interactions with any third party are solely between you and that party and you agree that Decofy is not liable for any losses or damages incurred from such interactions.

3. Fees & Subscriptions

3.1 Plans

Decofy is offered on a paid‑subscription basis:

• Weekly Plan: 1‑month term, billed weekly at $9.99/week, price as displayed in-app or on the website.
• Annual Plan: 12‑month term, billed annually at $39.99/year, discounted compared to weekly pricing, price as displayed in-app or on the website.

Prices, plan types, and features may vary over time by region or platform. Final price shown in-app.

3.2 Free Trial (If Offered)

If a free trial period is provided to you, you are allowed to access certain features of the Service for a limited time without charge. Unless you cancel before the free trial ends, your subscription will automatically converts to the selected paid plan you selected at the time of sign-up. To avoid charges, you should cancel at least 24 hours before the trial expires.

3.3 Billing & Renewal

Payments are processed through the Apple App Store or Google Play (each, a "Marketplace"). You agree to provide accurate billing information and authorize charges through the Marketplace. Subscriptions renew automatically and your Marketplace account is charged within 24 hours before each billing period unless you turn off auto‑renewal in your Marketplace account settings.

3.4 Cancellation & Refunds

You may cancel your subscription at any time in your Marketplace account settings. The cancellation takes effect at the end of the current billing period. All fees paid are non-refundable and no prorated refunds or credits will be given for partial billing periods or unused services, except where required by law or applicable Marketplace policy.

3.5 Fee Changes

We reserve the right to modify subscription fees at any time. We will provide you with at least 30 days' prior notice via email or in-app notification before any fee change takes effect. Your continued use of the Service after the new fee takes effect constitutes acceptance. If you do not agree to the updated fees, you must cancel your subscription before the change's effective date.

4. License & Acceptable Use

4.1 License

Subject to your compliance with these Terms, we grant you a limited, revocable, non‑exclusive, non‑transferable license to access and use the Service for your personal, non‑commercial purposes.

4.2 Acceptable Use—General

You agree not to:

1. Reverse‑engineer, decompile, disassemble, or otherwise attempt to extract the Service's source code or algorithms;
2. Copy, modify, distribute, sell, lease, sublicense, or create derivative works of the Service or any AI‑generated content except as expressly permitted by these Terms;
3. Upload or transmit viruses, malware, or other malicious code, or attempt phishing, credential‑stuffing, or vulnerability scanning;
4. Use automated tools (bots, scrapers, spiders, etc.) to access the Service without our prior written consent;
5. Violate any applicable law or third‑party right, including intellectual‑property, privacy, or publicity rights;
6. Bypass, disable, or interfere with security or access‑control features of the Service.

4.3 Acceptable Use—Generative AI

You may not use the Service to generate, upload, or disseminate content that:

1. Is illegal, facilitates wrongdoing, or provides instructions for unlawful activities;
2. Depicts or encourages hateful, harassing, or violent conduct toward any individual or protected group;
3. Contains sexual content involving minors, exploitation, or non‑consensual acts;
4. Provides medical, legal, or financial advice presented as professional guidance;
5. Intentionally spreads verifiably false information or deep‑fakes designed to mislead or cause harm;
6. Includes personally identifiable information intended for harassment, doxxing, or other malicious purposes;
7. Infringes or misappropriates trademarks, copyrights, trade secrets, or other proprietary rights;
8. Enables fully automated decision‑making that adversely affects an individual's legal or human rights.

5. User Content & Feedback

5.1 Ownership

Subject to applicable law and these Terms and except as otherwise stated in this Section, you retain all rights, title and interest in and to any content (including but not limited to images, prompts, text, or other data) you upload or submit to the Service ("User Content"), and any AI Content generated by the Service in response. AI Contents may not be unique to you and may be similar for other users, and may not qualify for intellectual property protection (such as copyright or design rights) in some jurisdiction.

5.2 License to Decofy

By submitting User Content, you grant Decofy and its affiliates a worldwide, non-exclusive, royalty‑free, sublicensable license to host, store, use, reproduce, modify, creat derivative works of your User Content and associated AI Contents and display that content only for the following limited purposes:

• (a) operating, maintaining and providing the Service to you and other users;
• (b) improving and developing Decofy's models, algorithms, and features, only if you have given consent where required;
• (c) displaying anonymized, non-identifiable examples of AI Contents (e.g., for marketing, demos, or case studies), unless you opt out.

This license is for the limited purpose of enabling Decofy to provide the Service, and we do not claim ownership over your User Content or AI Contents.

5.3 Restrictions on User Content

You represent that you own or have rights, licenses, and permissions to your User Content. You agree not to submit any User Input that:

• (a) Infringes or misappropriates the intellectual property rights, privacy rights, or publicity rights of others;
• (b) Contains confidential or proprietary information of a third party without authorization;
• (c) Includes personal data about others without their informed consent;
• (d) Violates any law or regulation.

5.4 Use of AI Content

You are solely responsible for ensuring that your use (including personal and commercial use) of any AI Content does not infringe upon any third-party rights or violate any laws. You acknowledge that:

• (a) AI Content may be based on or resemble publicly available data, which may include references to third-party styles or imagery;
• (b) You should conduct appropriate diligence (e.g., trademark or copyright searches) before relying on AI Content for commercial use.

5.5 Feedback

Any feedback you provide to Decofy is non‑confidential. If you provide Decofy with feedback, ideas, suggestions, or recommendations about the Service ("Feedback"), you grant Decofy a perpetual, irrevocable, royalty-free, worldwide license to use and incorporate that Feedback into the Service or other products and services without any obligation to compensate you.

6. Security

We employ industry-standard technical and organizational safeguards, but no system is 100% secure. You are responsible for safeguarding your account credentials and for all activities occurring under your account. Decofy is not liable for unauthorized access caused by your failure to secure your account.

7. Export‑Control & Restricted Territories

You represent that you (a) are not located in, under control of, or a national or resident of any country subject to U.S., Canadian, EU, or U.K. embargoes or sanctions, and (b) are not on any government list of prohibited or restricted parties. You may not use the Service if these representations are false.

8. Disclaimers

9. Limitation of Liability

10. Indemnification

You agree to indemnify and hold harmless Decofy and its affiliates from any claims, losses, damages or expenses arising from your (a) violation of these Terms, (b) User Content, or (c) misuse of the Service.

11. Dispute Resolution & Governing Law

11.1 Governing Law

These Terms are governed by the laws of the State of New York, USA, without regard to conflict‑of‑laws rules.

11.2 Notice & Negotiation

Before initiating arbitration, either party must send the other a written Notice of Dispute and engage in good‑faith negotiations for 30 days.

11.3 Arbitration

If unresolved, disputes will be finally settled by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration is individual—Class actions are not permitted. Judgment may be entered in a court of competent jurisdiction.

11.4 Small‑Claims Exception

Either party may bring an individual action in small‑claims court.

12. Termination

We may suspend or terminate your access to the Service at any time for violation of these Terms or if required by law. You may stop using the Service and/or cancel your subscription at any time via your Marketplace settings. Termination will not entitle you to any refund or credit, except where required by law or Marketplace policy. Sections 4–13 survive termination. Upon termination, we may retain User Content as required by law or for legitimate purposes, subject to our Privacy Policy.

13. Miscellaneous

• Entire Agreement. These Terms, the Privacy Policy, and any referenced schedules constitute the complete agreement between you and Decofy.
• Severability. If any provision is held invalid, the remainder remains in effect.
• Assignment. You may not assign these Terms without our consent; we may assign them freely.
• Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• No Waiver. Failure to enforce any provision is not a waiver.

14. Contact Information