Last Revised on 9th April 2025.
Welcome to the Terms of Service (these “Terms”) for the website, https://designa.co (the “Website”) operated on behalf of Interior Intelligence Oy. (“Interior Intelligence”, “Company”, “we” or “us”). The Website, its subdomains and any content, tools, features and functionality offered on or through our Website are collectively referred to as the “Services”.
These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.
For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
PLEASE READ THESE TERMS CAREFULLY AS THEY ARE A LEGAL BINDING CONTRACT BETWEEN THE PARTIES. THESE TERMS CONTAIN CERTAIN DISCLAIMERS LIMITING INTERIOR INTELLIGENCE LIABILITY AND ADDRESS DISPUTE RESOLUTION – PARTIES WILL ONLY RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION PROCEEDINGS AND FOREGO ABILITY TO LITIGATE IN COURT, WHETHER INDIVIDUALLY OR AS PART OF A CLASS ACTION.
How to Contact Us. You may contact us regarding the Services or these Terms at our email [email protected].
THE SERVICES
The Website provides users with the ability to use Interior Intelligence’s AI processes, functionalities and models (the “Models”) to create, edit, and manipulate images primarily intended for, but not limited to, use in home decor products such as wallpapers, wall murals, fabrics, and rugs (the “Services”). Users may also use the generated content for any other legal purpose, subject to any restrictions set forth herein.
In addition, you may also request that Interior Intelligence creates a version of the Services that includes bespoke AI processes, functionalities and models (the “Custom Services”). Custom Services are subject to additional fees and separate terms. Interior Intelligence reserves the right, at its sole discretion, to reject any request for Custom Services for any reason.
INPUT AND OUTPUT
As a part of the Services, you can submit text and image prompts and other prompts or input into or for the Services (“Input”), and the Services will use Models to generate new content based on your Input (“Output”). We claim no ownership rights in and to the Outputs, and you may use the Output non-exclusively for your own personal or commercial purposes, subject to any restrictions set forth herein. For the avoidance of doubt, Outputs do not include any components of the Models, such as its weights or parameters, fine-tuned weights from Inputs or any other portions of the Services. You agree that we may remove, prevent access to, or disable any Output or your access to all or part of the Services, at any time for any or no reason, including if we determine in our sole discretion that such Output infringes another party’s intellectual property rights or violates any applicable law or is Objectionable (as defined herein).
You may not direct the Services to generate any Output in violation of any applicable intellectual property right, contractual restriction or other law. You are solely responsible for the Outputs You generate and their subsequent uses in accordance with these Terms. You may not use Output to train, distill or fine tune any other AI models that compete with the Interior Intelligence or its Services. You acknowledge that due to the nature of generative artificial intelligence tools, other users of the Services may create and use their own Output that is similar or the same as your Output, such as because the same or similar Input was provided, and you agree that such other users can use their own individually created Output for their own personal or commercial purposes.
By submitting any Input through the Services, you represent that you have obtained all rights, licenses, consents, permissions, power and/or authority necessary to submit and use such Input in connection with the Services and allow us to use the Input to create Outputs. You represent and warrant that your submission of an Input in connection with your use of the Services, including to generate Output, will not breach any law or any third party’s terms and conditions associated with such Input.
You grant us a nonexclusive, royalty-free, transferable, sub-licensable, worldwide, perpetual and irrevocable license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify any Input and Output as needed to provide you with the Services, and to otherwise permit access to or disclose your Input or Output to third parties as needed to accomplish the foregoing or as necessary to comply with our legal obligations.
ELIGIBILITY.
You must be 18 years of age or older to use the Services. By using the Services, you represent and warrant that you meet these requirements.
PRIVACY POLICY
Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at https://designa.co/privacy-policy/.
INTELLECTUAL PROPERTY
Interior Intelligence solely and exclusively owns all intellectual property and other rights, title and interest in and to the Services and Website, except as expressly provided for in these Terms. You will not acquire any right, title or interest therein under these Terms or otherwise to any intellectual property owned by Interior Intelligence. The content on the Website including without limitation, all text, graphics, images, photos, computer code, software, databases, scripts, multimedia files, interactive features, trademarks (registered and unregistered), service marks and logos (the “Content”) are owned by or licensed to Interior Intelligence and are subject to copyright and other intellectual property rights under Finnish and foreign laws and international conventions. Interior Intelligence reserves all rights not expressly granted in and to the Website and the Content contained therein.
Content on the Website is provided to You “as is” for Your information. Content is offered for your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Interior Intelligence or as expressly provided in these Terms of Use.
Any use, copying, or distribution of any of the Content for any commercial purposes is strictly prohibited. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content. You must retain all copyright and other proprietary notices if You copy or print any Content for personal use.
Copyright Infringement
Interior Intelligence respects the intellectual property of others, and we require users of the Website to do the same. Interior Intelligence contractually prohibits You from uploading Input that infringe third party intellectual property rights (such as copyright, trademark, trade dress and right of publicity). You may not post, upload, display, submit, modify, distribute, or reproduce in any way any material that is or contains copyrighted material belonging to others, without obtaining their prior written consent. Interior Intelligence reserves the right, in its discretion, to remove any Input and other material submitted by users if it believes that it may infringe the copyright of any third party, and/or to terminate the accounts of users believed to be infringers.
Interior Intelligence operates on a “notice and takedown” basis. If You are a copyright owner and believe that any Design, Input or other material on the Website infringes Your copyrights, You may submit a notification in accordance with the chapter 5 section 22 of the Finnish Act on Provision of Information Society Services (458/2002, as amended).
The notification must include the following:
name, address, telephone number, email address and other contact information of the notifying party;
an itemisation of the material, for which prevention of access is requested, and details of the location of the material;
confirmation by the notifying party that the material which the request concerns is, in his/her sincere opinion, illegally accessible in the communication network;
information concerning the fact that the notifying party has in vain submitted his/her request to the content producer or that the content producer could not be identified;
confirmation by the notifying party that he/she is the holder of copyright or neighboring right or entitled to act on behalf of the holder of the right; and
signature by the notifying party.
Any notification failing to comply with the requirements listed above is ineffective.
Please send the notice to the following address:
Interior Intelligence
c/o Interior Intelligence Oy
Copyright Infringement
Peltorivi 9B
10470 Fiskars, Finland
Email: [email protected]
Interior Intelligence will process and investigate valid notices of alleged infringement and will take appropriate actions under the Finnish laws. Interior Intelligence reserves the right to refuse, disable, or delete the design and the content submitted by the User as described under these Terms of Use and to terminate a user’s account.
Interior Intelligence will notify the content producer of prevention of access to the material supplied by him/her and to supply the content producer with a copy of the notification on the basis of which prevention was made.
If You are the content producer and You consider that prevention is groundless, You may get the material returned by delivering to the notifying party a plea in writing or electronically in accordance with the chapter 5 section 23 of the Finnish Act on Provision of Information Society Services within 14 days of receiving the notification. A copy of the plea must be delivered to Interior Intelligence.
The plea must include:
the name, address, telephone number, email address and other contact information of the content producer;
the facts and other reasons under which prevention is considered groundless;
an itemisation of the material for which prevention is considered groundless; and
signature by the content producer.
Anyone providing incorrect information in the aforementioned notification or plea shall be liable to compensation for damages as set forth in the Chapter 5 Section 25 of the Finnish Act on Provision of Information Society Services or other applicable legislation.
RIGHT TO USE SERVICES
If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you, a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services, in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Company, in its sole discretion, may elect to take.
RESTRICTIONS ON YOUR USE OF SERVICES
You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so or unless expressly permitted by Company (including to fine-tune applicable Interior Intelligence AI model(s) using the Interior Intelligence application programming interface):
-download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms;
-duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
-use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
-use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;
-exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;
-access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same;
-attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, or the computer systems or networks connected to the Services;
-circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
-use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
-introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
-submit, transmit, display, perform, post or store any content that is inaccurate, illegal, unlawful (including, but not limited to, uploading copyrighted images via the Services without the consent of the copyright owner), defamatory, unethical, obscene, lewd, lascivious, filthy, excessively violent, pornographic, invasive of privacy or publicity rights (including, but not limited to, uploading images of individuals via the Services without their consent), harassing, threatening, abusive, inflammatory, harmful, hateful, cruel or insensitive, deceptive, or otherwise objectionable (collectively and individually, “Objectionable”);
-use the Services for bullying, disruptive or Objectionable purposes or for political campaigning or lobbying purposes or otherwise use the Interior Intelligence AI model(s) or Interior Intelligence application programming interface in a manner that is fraudulent, inciting, organizing, promoting or facilitating violence or criminal or harmful activities, or Objectionable;
-create, use or distribute Output in a fraudulent or misleading way, including, for instance, by representing that the Output is entirely human generated or that the Output depicts an actual photograph of a real event;
-violate any applicable law or regulation in connection with your access to or use of the Services; or
-access or use the Services in any way not expressly permitted by these Terms.
BETA OFFERINGS
From time to time, we may, in our sole discretion, include certain test or beta features or products in the Services (“Beta Offerings”) as we may designate from time to time. Your use of any Beta Offering is completely voluntary. The Beta Offerings are provided on an “as is” basis and may contain errors, defects, bugs, or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. You acknowledge and agree that all use of any Beta Offering is at your sole risk. You agree that once you use a Beta Offering, your content or data may be affected such that you may be unable to revert back to a prior non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Offering back to the prior non-beta version. If we provide you any Beta Offerings on a closed beta or confidential basis, we will notify you of such as part of your use of the Beta Offerings. For any such confidential Beta Offerings, you agree to not disclose, divulge, display, or otherwise make available any of the Beta Offerings without our prior written consent.
OWNERSHIP AND CONTENT
Ownership of the Services.
The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content, including, without limitation, the exclusive right to create derivative works.
Ownership of Trademarks.
The Company’s name, trademarks and logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Ownership of Feedback.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
USE OF THIRD PARTY MATERIALS AND SERVICES
Services may display, include or make available content, data, information, applications, software, services or materials from third parties or provide links to certain third-party websites (“Third-Party Materials”). You acknowledge that the Services may rely on, interoperate with, or otherwise utilize or leverage Third-Party Materials. These Third-Party Materials are beyond our control, but their operation may impact, or be impacted by, the use and reliability of the Services. You acknowledge that (i) the use and availability of the Services is dependent on Third-Party Offering service providers and (ii) these Third-Party Offerings may not operate reliably 100% of the time, which may impact the way that the Services operate. You are responsible for complying with all Third-Party Terms and Interior Intelligence is not, and will not be deemed to be, a party to any separate Third-Party Terms, all of which are exclusively between you and the applicable Third-Party Offering service provider(s). We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Third-Party Materials, or for any other materials, products, or services of third parties. By using the Services, you specifically release Interior Intelligence from any and all liability arising from your access or use of any Third Party Materials. Third-Party Materials are provided solely as a convenience to you.
ACCOUNTS
You are required to create an account on the Website to use the Services. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You are responsible for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene, subject to our discretion.
Interior Intelligence may suspend, terminate, or otherwise deny your access to or use of all or any part of the Services, without incurring any resulting obligation or liability, if: (a) Interior Intelligence receives a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires Interior Intelligence to do so; or (b) Interior Intelligence believes, in its discretion, that: (i) You have failed to comply with any material term of these Terms, or accessed or used the Services beyond the scope of the rights granted or for a purpose not authorized under these Terms or in any manner that does not comply with any Documentation; or (ii) You are, or have been, or are likely to be involved in any fraudulent, misleading, or unlawful activities relating to or in connection with any of the Services. This Section 2.3 does not limit any of Interior Intelligence’s other rights or remedies, whether at Law, in equity, or under these Terms.
SUBSCRIPTIONS
Procedure for contracting the Services
The Services shall be subject to remuneration as provided on the Website.
In particular, to enjoy the Services, the User shall need to purchase a subscription (“Subscription”), with the number of monthly tokens that can be used by You when submitting Inputs (“Tokens”). The description, pricing, term, number of Tokens, conditions, and characteristics of each Subscription are provided on the Website and prior to its purchase by the User.
Prices exclude VAT, sales taxes or indirect taxes applicable to Services, unless otherwise stated in the Website.
Payment of the price will be made by the means of payment accepted at any time on the Website. Interior Intelligence uses secure payment gateways. Interior Intelligence does not store, process or transmit payment data relating to the card itself or to the cardholder (such as card number, cardholder, expiration date, service code, electronic signature or authentication code of the cardholder, or bank account associated with the card). The payment entity will manage the payment according to the conditions You have contracted for international purchases, which may imply that the value is modified according to the exchange rates applied or that You are charged in a currency other than the one selected.
In the event the payment is declined. Interior Intelligence may attempt to process the transaction again under the same conditions as the transaction was initiated by You, within a few days of the Your first attempt to purchase the Services. Where the payment is approved in such a circumstance, You will receive an email confirming the successful completion of its transaction.
These Terms, as well as any particular conditions applicable to the Services may be printed by You at any time before any purchase.
Once any Subscription has been purchased by You, the Subscription will be automatically renewed for successive periods after those covered by the first payment or previous payments, and Interior Intelligence may make the corresponding charges, until its cancellation by You in accordance with what is indicated below in the section “Cancellation”.
You can review the number of Tokens required to use different Token-powered features (“Features”) within the Services by visiting the Pricing section of the Website. Upon Your use of such Features, the Tokens spent will be deducted from the total amount of available Tokens. The amount of Tokens available at any time shall be disclosed in the Website.
Tokens Renewal
Unused monthly/yearly Tokens do not roll over.
Tokens are automatically replenished when the subscription is renewed.
Tokens not used within the billing period in which they are assigned will not roll over to the next billing period. Tokens will be automatically replenished at the start of each billing period. For clarification purposes, it shall be understood that each billing period begins on the same day of the month in which the User contracted the relevant Subscription. If a monthly plan is selected, this will occur every month; if an annual plan is selected, this will occur every year. If this is not possible, the Tokens shall be replenished on the first day following or before the day that would have corresponded to the replenishment of Tokens.
Right of withdrawal
If You use the Services as a consumer and You are a resident in the European Union, the European Economic Area or the United Kingdom, You shall be entitled to withdraw the Services and to a refund as a result of the cancellation of the Services within fourteen (14) calendar days from the contracting.
In order to exercise the right of withdrawal, You must notify his/her decision to withdraw from the Services through an unambiguous statement (e.g. a letter sent by post to our address or email to [email protected]).
It should be noted that the Services shall start upon its contracting by You and the withdrawal will not prevent the proportional payment by You of any used Services (e.g. Tokens used) until withdrawal, which shall be deducted from the refund.
Modification or cancellation of the Services
Cancellation
You may request, at any time, the modification or cancellation of the Services through Your Account on the Account section of the Website. The request for modification or cancellation will not affect the Services that have already been contracted and paid, which will continue to be provided until the end of the period already paid and the anticipated amounts will not be refunded, without prejudice to the provisions regarding the right of withdrawal. The Tokens will be set to zero at the end of the current billing cycle.
Switching Subscription Plans
To obtain more Tokens, You may upgrade the contracted Subscription at any time in the Account section of the Website. When You upgrade a Subscription, the upgrade will be effective immediately and Your billing period will begin on the same day of the month in which You contracted the upgraded Subscription. You will be charged the new Subscription price from that date. Any Tokens remaining from the current billing period of Your previous Subscription will be assigned to your new Subscription package. Downgrades are always effective at the end of the current billing cycle.
No Guarantees on Benefits or Fees.
We are committed to providing a good customer experience, but we do not promise that we will keep each and every Model or Feature that you may see on our Website on any particular day nor do we provide any assurance on the processing rates for a Model or Feature. You may also receive access to certain Beta Offerings that we are trying out. All Services and Beta Offerings are subject to our disclaimers. We may in our sole discretion and at any time, modify Subscription fees for any subscriptions we offer for any part of our Services. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Interior Intelligence will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of Services after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Availability and Support.
During the Term, Interior Intelligence will endeavor to maximize the availability of the Services and provide support services, provided that you acknowledge that Interior Intelligence is continuously introducing new functions and benefits which may lead to occasional technical hiccups and downtime as a result of Website maintenance. Interior Intelligence reserves the right, in its sole discretion, to make any changes to the Services that it deems necessary or useful to: (a) maintain or enhance: (i) the quality or delivery of Services; (ii) the competitive strength of or market for the Services; or (iii) the Services’ cost efficiency or performance; or (b) to comply with Law.
You may receive support via contacting [email protected].
DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION
Please review our disclaimers in detail to understand the scope of your responsibility and your need to do appropriate due diligence in respect of the Services.
General Warranties.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND INTERIOR INTELLIGENCE AND ITS LICENSORS DO NOT MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR AGAINST HIDDEN DEFECTS, TO THE FULLEST EXTENT PERMITTED BY LAW.
Service Levels.
INTERIOR INTELLIGENCE AND ITS LICENSORS DISCLAIM ANY REQUIREMENT OR WARRANTY THAT THE SERVICES WILL BE RELIABLE, UNINTERRUPTED, FREE OF HARMFUL CODE, ACCORDING TO EXPECTATIONS, ERROR FREE, OR THAT ALL ERRORS WILL BE CORRECTED.
Compliance and Infringement.
THE PARTIES ACKNOWLEDGE THAT THE SERVICES UTILIZE THIRD-PARTY MATERIALS THAT INTERIOR INTELLIGENCE HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD PARTY WEB SITES OR SERVICES. THIRD-PARTY MATERIALS MAY NOT BE WARRANTED IN ANY MANNER BY SUCH THIRD PARTIES AND THE DEVELOPMENT OF THE THIRD-PARTY MATERIALS MAY HAVE INFRINGED RIGHTS OF PARTIES, OR MAY HAVE UTILIZED MATERIALS SUBJECT TO COPYRIGHT WITHOUT EXPRESS CONSENT BY THE COPYRIGHT HOLDERS IN JURISDICTIONS WHERE SUCH CONSENT REQUIREMENTS WERE REQUIRED. INTERIOR INTELLIGENCE DISCLAIMS THAT ANY THIRD PARTY MATERIALS OR OTHER THIRD PARTY OFFERING SHALL BE IN COMPLIANCE WITH LAWS. INTERIOR INTELLIGENCE ENCOURAGES ITS CUSTOMERS TO ENSURE THAT OUTPUT GENERATED BY THE SERVICES ARE IN FACT NOT SUBJECT TO THIRD PARTY COPYRIGHT RIGHTS, BY HUMAN REVIEW IF NECESSARY, AS MODELS ARE CAPABLE OF GENERATING CONTENT WHICH MAY INCLUDE COPYRIGHTED MATERIALS.
THE PARTIES FURTHER ACKNOWLEDGE THAT AREAS OF LAW WHICH APPLY TO THE SERVICES ARE EVOLVING RAPIDLY IN VARIOUS JURISDICTIONS. INTERIOR INTELLIGENCE’S COMPLIANCE WITH LAWS IN ONE JURISDICTION MAY NOT NECESSARILY RESULT IN COMPLIANCE IN ALL JURISDICTIONS.
Reliance.
INTERIOR INTELLIGENCE FURTHER DISCLAIMS ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM INTERIOR INTELLIGENCE OR ITS EMPLOYEES OR CONTRACTORS, INCLUDING GUIDANCE PROVIDED IN THE DOCUMENTATION, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Monitoring.
INTERIOR INTELLIGENCE DOES NOT MONITOR OR POLICE INPUT, DOCUMENTS, CUSTOMER DATA, AND OTHER INFORMATION ENTERED INTO THE SERVICES, OR OUTPUTS GENERALLY BY THIRD PARTY MODELS AND INTERIOR INTELLIGENCE IS NOT RESPONSIBLE FOR THE CONTENT THEREIN OR OUTPUT THEREFROM.
Inappropriate Output.
THE SERVICES ARE CAPABLE OF GENERATING SOME CONTENT THAT IS INAPPROPRIATE, OFFENSIVE, ILLEGAL IN CERTAIN JURISDICTIONS, SUGGESTIVE, PORNOGRAPHIC, LASCIVIOUS, VIOLENT, GRAPHIC, OR RELATED TO FETISHES AND /OR NOT SUITABLE FOR CHILDREN. INTERIOR INTELLIGENCE DOES NOT CONDONE OR IN ANY WAY ENCOURAGE SUCH CONTENT CREATION, PROVIDED INTERIOR INTELLIGENCE DOES NOT MONITOR THE CREATION OF SUCH OR ANY CONTENT SPECIFICALLY FOR UNACCEPTABILITY AND CUSTOMER ACKNOWLEDGES THAT ALL CONTENT OUTPUT BY SERVICES AND THIRD-PARTY MATERIALS DUE TO CUSTOMER’S USE IS CUSTOMER’S TO MANAGE, AND AS APPROPRIATE, DELETE, QUARANTINE AND PREVENT FROM FURTHER DISTRIBUTION AND DISSEMINATION.
Rogue Behavior.
WE ARE NOT RESPONSIBLE FOR ANY FRAUD, WILLFUL MISCONDUCT OR OTHER USE ISSUES WHICH MAY ARISE IN RESPECT OF YOUR ACCOUNT AND THE IMPROPER USE OF YOUR LOG-IN CREDENTIALS. YOU MUST BE VIGILANT IN PROTECTION OF YOUR CREDENTIALS, MAINTAIN APPROPRIATE INTERNAL GUIDELINES FOR USE OF OUR SERVICES, AND MONITOR YOUR CREDIT CARDS FOR RELATED TRANSACTIONS.
Third-Party Related Damages.
INTERIOR INTELLIGENCE 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 USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY MATERIALS, WEBSITES OR SERVICES AVAILABLE THROUGH OUR WEBSITE.
Exceptions.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
SUSPENSION & TERMINATION.
Term.
These Terms commence on the earlier of the date you first open an Account to use the Services or the date when you accepted these Terms by any other applicable action in relation to our Website, and these Terms will remain in full force and effect while you use the Services, unless terminated earlier in accordance with this Section 8.
Termination by Interior Intelligence.
If you have breached any provision of these Terms, if Interior Intelligence is required to do so by Law (e.g., where the provision of the Services is, or becomes, unlawful), or if it is commercially impractical for Interior Intelligence to provide the Services, Interior Intelligence shall at its discretion, immediately and without notice, suspend or terminate any of the Services provided to you.
Effect of Termination.
If Services are terminated for any reason, your use rights shall cease, and you may not be able to access your Account and all related information or files associated with or inside your Account (or any part thereof) may be deleted. Customer will not have any liability whatsoever to you for any suspension or termination.
Survival.
Notwithstanding the termination or expiration of these Terms, any provisions of these Terms that by their nature should survive termination or expiration will continue in full force and effect subsequent to and notwithstanding such termination or expiration until they are satisfied or by their nature expire. This includes, but is not limited to, any obligations that may reasonably be expected to be performed or observed after such termination or expiration.
INDEMNIFICATION.
You shall indemnify, defend, and hold harmless Interior Intelligence and its officers, directors, employees, agents, successors, and assigns (each, a “Interior Intelligence Indemnitee”) from and against any and all Losses incurred by such Interior Intelligence Indemnitee resulting from your use of the Services, including in respect of any Action that relates to or arises out of or results from:
-Your data, including any Inputs and processing of your data by Models;
-Outputs created during your usage of the Services
-breach of Third Party Terms;
-any other materials or information (including any documents, data, specifications, software, content, or technology) provided by or on behalf of you;
-allegation of facts that, if true, would constitute your breach of any of its representations, warranties, covenants, or obligations under these Terms;
-negligence, or more culpable act or omission (including recklessness or willful misconduct) by you, or any third party on behalf of you, in connection with these Terms.
Indemnification Procedure.
You shall promptly assume control of the defense of applicable Actions, and shall employ counsel of its choice to handle and defend the same, at Your sole cost and expense. Interior Intelligence may participate in and observe the proceedings at its own cost and expense with counsel of its own choosing. You shall not settle any Action on any terms or in any manner that adversely affects the rights of a Interior Intelligence Indemnitee without such party’s prior written consent, which shall not be unreasonably withheld or delayed. If you fail or refuse to assume control of the defense of such Action, Interior Intelligence Indemnitees shall have the right, but no obligation, to defend against such Action, including settling such Action after giving notice to you, in each case in such manner and on such terms as the Interior Intelligence Indemnitees may deem appropriate. The Interior Intelligence Indemnitee’s failure to perform any obligations under this Section 9.2 will not relieve you of your obligations under this Section 9, except to the extent that you can demonstrate that it has been materially prejudiced as a result of such failure.
Mitigation.
If any of the Services are, or in Interior Intelligence’s opinion are likely to be, claimed to infringe, misappropriate, or otherwise violate any third-party Intellectual Property Right, or if your use of the Services is enjoined or threatened to be enjoined, your sole remedy is to terminate its Account and cease any use of the Services.
LIMITATION OF LIABILITY.
Exclusion of Damages.
TO THE MAXIMUM EXTENT OF LAW, IN NO EVENT WILL INTERIOR INTELLIGENCE OR ANY OF ITS LICENSORS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) LOSS OF USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION, OR DELAY OF THE SERVICES, OTHER THAN FOR THE ISSUANCE OF ANY APPLICABLE SERVICE CREDITS; (c) LOSS, DAMAGE, CORRUPTION, OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (d) COST OF REPLACEMENT SERVICES; (e) LOSS OF GOODWILL OR REPUTATION; OR (f) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
Cap on Monetary Liability.
TO THE MAXIMUM EXTENT OF LAW, IN NO EVENT WILL INTERIOR INTELLIGENCE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE LOWER OF THE TOTAL AMOUNTS PAID OR PAYABLE TO INTERIOR INTELLIGENCE UNDER THESE TERMS BY CUSTOMER IN THE 6 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR US$100. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Exceptions.
LAWS OF CERTAIN JURISDICTIONS DO NOT PERMIT US TO LIMIT CERTAIN DAMAGES AS SET OUT ABOVE IN THIS SECTION 10. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
NOTWITHSTANDING ANYTHING ELSE SET OUT HEREIN THESE TERMS DO NOT ENTITLE YOU TO A REMEDY FROM OUR LICENSORS. UNLESS YOU ENTER INTO DIRECT AGREEMENT WITH THEM, THEY ARE NOT LIABLE TO YOU DIRECTLY FOR ANY DIRECT OR INDIRECT DAMAGES.
GENERAL.
Entire Agreement and Conflicts.
These Terms, the Privacy Policy and any additional terms relating to Custom Services, constitute the complete and exclusive agreement between the Parties concerning the use of the Services and supersedes all prior or contemporaneous agreements or understandings, written or oral, concerning the subject matter of these Terms.
Governing Law And Dispute Resolution.
These Terms constitute an agreement that shall be governed by and construed in accordance with laws of Finland without regard to its conflict of law provisions and without regard to the actual country of incorporation or residence of either party. You agree to submit to the personal and exclusive jurisdiction of the courts located in Finland, in connection with any action arising under these Terms, except to the extent otherwise stipulated by applicable mandatory legislation. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Any dispute or claim arising out of or relating to this contract shall be settled by arbitration in accordance with the Arbitration Rules of the Finnish Chamber of commerce and in accordance with the Finnish law. The seat of arbitration shall be Helsinki, Finland. The number of arbitrators shall be one. The language of the arbitration shall be English.
Forum Acceptance.
If you are using the Services and are not in Finland, you agree that the location for dispute resolution is acceptable to you and that you will not challenge the forum as being inconvenient for you.
Individual Arbitration; No Class Action.
To the fullest extent permitted by Law, no arbitration or claim under these Terms shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of our Services, and no class arbitration proceedings shall be permitted. Customer agrees to waive any right to commence or participate in any class action against Interior Intelligence related to any claim and, where applicable, Customer also agrees to opt out of any class proceedings against Interior Intelligence.
Arbitrator Authority.
The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement, including any contention that all or any part of this arbitration agreement is void or voidable.
Severability.
If any provision of this arbitration clause is found to be unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
Execution.
This arbitration and no class action clause shall be effective upon acceptance by Customer of these Terms and shall survive the termination or expiration of these Terms.
Amendments to Terms.
Interior Intelligence may amend these Terms at any time by posting the amended terms on this site, which modifications will become effective as of the first day of the calendar month following the month in which they were first posted. It is your responsibility to review these Terms periodically. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. 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 the Service.
Waiver, Severability, Headings.
Interior Intelligence’s waiver of any default or breach of these Terms will not constitute a waiver of any other or subsequent default or breach. In the event any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. The headings in these Terms are for the convenience of reference only and have no legal effect.