Terms of Service

1. Introduction
‍These Terms of Service ("Terms") govern your use of the The Den AI website (the "Website") and Chatden, a product developed by Den AI (referred to as "Chatden," "we," "us," or "our"). By accessing or using Chatden and the Website, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use Chatden or the Website.

2. Definitions
‍Unless otherwise indicated, the following capitalized terms have the following meanings:
- Account: Refers to an individualized panel that allows the User to access and utilize the Service and/or the Website.
- Agreement: Refers to a subscription agreement that may be entered into between the User and Den AI, specifying the scope and price for using the Service.
- API: Refers to the Chatden application programming interface that can be integrated with the User's software.
- Company: Refers to Den AI.
- Content: Refers to the material, including text, images, and other media, published, presented, or transmitted by the Guest or User on the Website or through the Service.
- Device: Refers to electronic equipment, such as computers, phones, smartphones, tablets, or similar devices, enabling access to web pages.
- Guest: Refers to an entity browsing the Website.
- Intellectual Property: Refers to any creative works, inventions, designs, or other expressions of creative activity subject to exclusive rights of Den AI.
- License: Refers to a non-exclusive right for personal use of the API and/or the Widget.
- Link: Refers to a hyperlink leading to other websites.
- Mobile Device: Refers to portable devices, such as phones, smartphones, tablets, or similar electronic equipment, operating the Website and/or the Service.
- Notification: Refers to messages sent to the User as part of the Service.
- Other Websites: Refers to websites other than theden.ai.
- Password: Refers to the User's anonymized verification tool enabling access to the Account, consisting of a sequence of characters, including at least 8 characters, entered using the keyboard of a computer or Mobile Device.
- Privacy Policy: Refers to the Den AI Privacy Policy, which outlines the rules for processing personal data by Den AI, available at Privacy Policy.
- Service: Refers collectively to the Website, Widget, and/or the API, depending on the scope designated for a specific User as per the Agreement.
- Terms: Refers to these terms of service.
- User: Refers to an entity that owns an Account.
- Website: Refers to web pages located at theden.ai.
- Widget: Refers to a Chatden widget that can be implemented on the User's website.
The above definitions apply whether in singular or plural form.
‍
3. General Rules
‍By using the Service, you fully accept these Terms, which apply exclusively to the relationship between Den AI and the Guest or User. If the Service and/or the Website offer services from other entities, these services will be governed by the regulations of those entities, and they alone will be responsible for providing those services unless these Terms explicitly state otherwise. Users and Guests are obligated to use the Service and/or the Website in accordance with their intended purpose as defined in these Terms. To use the Website, the Device must meet the following minimum technical requirements:
- Have internet access.
- Support one of the following internet browsers: (i) Google Chrome, (ii) Opera, (iii) Firefox, (iv) Safari, (v) Microsoft Edge.
- Use an internet browser version no older than one year.
- Have JavaScript enabled.
API usage requires the following minimum technical requirements:
- Internet access.
- Software capable of sending HTTP requests.
Widget usage requires the following minimum technical requirements:Internet access.
- Support one of the following internet browsers: (i) Google Chrome, (ii) Opera, (iii) Firefox, (iv) Safari, (v) Microsoft Edge.
- Use an internet browser version no older than one year.
- Have JavaScript enabled.
It is recommended to install antivirus software on the Device or Mobile Device.

4. Account
‍Account setup is possible through the Website, requiring either logging in using a Google account or registering by providing another personal email and Password. When creating an Account, you must provide accurate, complete, and current information at all times. Inaccurate, incomplete, or outdated information may result in the immediate termination of your account on the Website and Service. You are responsible for maintaining the confidentiality of your Account and Password, restricting access to your Device or Mobile Device and/or Account. You agree to be responsible for any activities or actions occurring under your Account and/or Password, whether your Password is for our Website and Service or a third-party service. You must immediately notify us of any security breach or unauthorized use of your Account. You may not use another person's or entity's name as your username without proper authorization. Offensive, vulgar, or obscene usernames are prohibited.

5. Communications
‍By creating an Account, you agree to subscribe to newsletters, marketing materials, and other information that we may send.

6. Contests, Sweepstakes, and Promotions
‍Any contests, sweepstakes, or other promotions ("Promotions") available through the Service or Website may have separate rules, particularly those set out in the Agreement if concluded. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. In case of conflicts between Promotion rules and these Terms, Promotion rules prevail.

7. Subscriptions
‍Certain parts of the Service are subscription-based ("Subscriptions"). Billing occurs in advance on a recurring and periodic basis, either monthly or annually, depending on your chosen subscription plan. Your Subscription will automatically renew at the end of each Billing Cycle, unless you cancel it or Den AI cancels it. You can cancel Subscription renewal through your Account or by contacting Den AI's customer support at support@theden.ai. To process subscription payments, you must provide accurate billing information, including full name, email address, country, business's legal entity name, VAT tax number, and valid payment method details. By submitting this payment information, you authorize Den AI to charge all Subscription fees to your provided payment instruments. If automatic billing fails for any reason, Den AI will issue an electronic invoice with instructions for manual payment. We reserve the right to refuse or cancel orders for reasons including service availability, pricing errors, order errors, or other reasons. Company is not responsible for any additional fees, including taxes, imposed by the relevant authorities of the country where the order is placed.

8. Fee Changes
‍Den AI reserves the right to modify Subscription fees for Subscriptions at its sole discretion and at any time. Any changes in Subscription fees will be effective at the end of the current Billing Cycle. Den AI will provide reasonable notice of any fee changes, giving you an opportunity to cancel your Subscription before the new fees take effect. Continued use of the Service after the fee change indicates your acceptance of the modified Subscription fee.

9. Refunds
‍Paid Subscription fees are non-refundable. Refunds will only be issued if required by applicable consumer protection laws. All refunds will be made in the same currency that you initially made your payment in. Den AI is not responsible for exchange rate fluctuations or any bank fees resulting from the transaction.

10. Content
‍You retain ownership of your Content, but by uploading, posting, or transmitting any Content on or through the Service, you grant Den AI a worldwide, non-exclusive, royalty-free, fully paid, transferable, sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your Content in connection with the Service. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate, or infringe on the rights of any third party, including privacy rights, publicity rights, copyrights, trademark, and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service.

11. Third-Party Services
‍The Service may contain links to third-party websites or services that are not owned or controlled by Den AI. Den AI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Den AI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

‍12. Termination
‍Den AI reserves the right to terminate or suspend your Account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your Account, you may simply discontinue using the Service. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

‍13. Indemnification
‍You agree to defend, indemnify, and hold harmless Den AI and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your Account and Password; b) a breach of these Terms; or c) Content posted on the Service.

‍14. Limitation Of Liability
‍In no event shall Den AI, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

‍15. Disclaimer
‍Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Den AI, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

‍16. Governing Law
‍These Terms shall be governed and construed in accordance with the laws of State of Delaware, without regard to its conflict of law provisions.

‍17. Changes
‍We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

‍18. Contact Us
‍If you have any questions about these Terms, please contact us at support@theden.ai.

‍19. Acknowledgment
‍By using the Service or accessing the Website, you acknowledge that you have read these Terms and agree to be bound by them.