These Terms of Service ("Terms") govern your access to and use of the website, applications, creative tools, AI-assisted features, integrations, and related services provided by DesignXDM Ltd ("DesignXDM", "we", "us" or "our") (together, the "Service").

By accessing or using the Service, creating an account, or clicking to accept these Terms, you agree to be bound by them. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

If you do not agree with these Terms, do not access or use the Service.

1. Eligibility and Accounts

You must be at least 18 years old to use the Service. By using the Service you represent that you meet this requirement and that you have the legal capacity to enter into these Terms.

To use certain features you must create an account, which you may do directly or through a third-party sign-in provider such as Google. You are responsible for the information you provide, for keeping your login credentials confidential, and for all activity that occurs under your account. Notify us promptly at contact@designxdm.com if you believe your account has been compromised.

2. The Service and Licence to Use

Subject to these Terms and your compliance with them, DesignXDM grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal or personal creative purposes.

We may add, change, suspend, or discontinue features of the Service at any time. We may also set limits on use, including on storage, generation volume, requests, or the number of projects, and may change those limits from time to time.

3. Credits and Billing

Certain features of the Service consume credits, which you can purchase as a one-off through our third-party payment processor. Prices and the number of credits each purchase grants are described in the Service and may change from time to time. Your use of payment features is also subject to the payment processor's terms.

• Credits: credits are consumed when you use certain features and are not money, have no cash value, and are non-transferable. Except as required by law, purchased credits are non-refundable once purchased.
• Prices and taxes: prices are stated in pounds sterling (GBP) and are inclusive of applicable taxes where required.
• Free allowance: we may offer a limited free allowance or promotional credits, which we may change, limit, or withdraw at any time.
• Failed or reversed payments: we may withhold credits or suspend access if a payment fails, is reversed, or is charged back.

4. Your Content

"User Content" means the prompts, images, mood boards, references, briefs, comments, metadata, and other materials you upload, create, save, organize, or share through the Service. As between you and DesignXDM, you retain all rights you hold in your User Content.

You grant DesignXDM a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, modify (for example to create thumbnails or format conversions), transmit, display, and process your User Content solely to operate, provide, secure, and improve the Service, and to perform the actions you request (such as generating outputs or sending an image to a connected third-party service). This licence ends when your User Content is deleted from the Service, except for residual copies in backups or as required by law.

You represent and warrant that you own or have the necessary rights to your User Content and that it, and our use of it as permitted here, does not infringe any third-party rights or violate any law. You are responsible for maintaining your own copies of your User Content.

5. AI Features and Outputs

The Service includes AI-assisted features that generate, organize, refine, or evaluate creative material based on inputs you provide ("Outputs"). Subject to these Terms and your payment of any applicable fees, and to the extent permitted by law, DesignXDM assigns to you or otherwise permits you to use the Outputs you generate for your creative purposes.

You understand and agree that:

• Outputs are generated by automated systems, may be inaccurate, incomplete, or unsuitable for your purpose, and must be reviewed by you before use;
• Outputs may not be unique, and similar or identical Outputs may be generated for other users;
• You are responsible for ensuring your inputs and your use of Outputs comply with applicable law and third-party rights; and
• We make no warranty that Outputs are non-infringing or that you will own any particular intellectual property rights in them, as this can depend on your jurisdiction and how the Output is created.

Our processing of inputs and Outputs is described further in our Privacy Policy.

6. Acceptable Use

You agree not to, and not to allow anyone else to:

• Use the Service in violation of any applicable law or third-party right, including intellectual property, privacy, and publicity rights;
• Upload or generate content that is unlawful, infringing, defamatory, harassing, hateful, sexually exploitative, or otherwise prohibited by our policies;
• Attempt to reverse engineer, decompile, scrape, or gain unauthorized access to the Service or its underlying systems, except to the extent this restriction is prohibited by law;
• Interfere with or disrupt the integrity or performance of the Service, or circumvent usage limits, rate limits, or security measures;
• Use the Service to build or train a competing product or model, or to resell the Service, except as expressly permitted; or
• Use automated means to access the Service in a manner that sends more requests than a human could reasonably produce, other than through interfaces we provide for that purpose.

We may investigate and take appropriate action, including removing content and suspending or terminating accounts, for any suspected violation of these Terms or our policies.

7. Third-Party Services and Integrations

The Service lets you connect to or send content to third-party services, such as Adobe Express and Canva. When you use an integration, you authorize DesignXDM to exchange the data necessary to perform the action you request with that third party, and you may be required to authenticate directly with the third party.

Third-party services are not controlled by DesignXDM and are governed by their own terms and privacy policies. We are not responsible for third-party services, and your use of them is at your own risk. Adobe, Adobe Express, and Canva are trademarks of their respective owners; references to them are for identification only and do not imply endorsement or affiliation.

8. Intellectual Property

The Service, including its software, design, text, graphics, and trademarks (excluding User Content and Outputs), is owned by DesignXDM or its licensors and is protected by intellectual property laws. Except for the rights expressly granted in these Terms, we reserve all rights in the Service. You may not use our name, logos, or branding without our prior written permission.

9. Feedback

If you send us suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use it for any purpose without obligation or compensation to you.

10. Suspension and Termination

You may stop using the Service at any time and may close your account through your account settings or by contacting us. We may suspend or terminate your access to the Service, in whole or in part, if you breach these Terms, if we reasonably believe your use poses a risk to the Service or others, or as otherwise permitted by law.

On termination, your licence to use the Service ends and we may delete your account and User Content, subject to our Privacy Policy and legal retention requirements. Provisions that by their nature should survive termination (including ownership, disclaimers, limitations of liability, and indemnities) will survive.

11. Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or that any Output will meet your requirements.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including, where applicable, your statutory rights as a consumer.

12. Limitation of Liability

To the maximum extent permitted by law, DesignXDM and its officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or exemplary damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or related to your use of, or inability to use, the Service.

To the maximum extent permitted by law, our total aggregate liability arising out of or related to these Terms or the Service will not exceed the greater of (a) the amounts you paid to us for the Service in the 12 months before the event giving rise to the claim, or (b) £100.

13. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless DesignXDM and its officers, employees, and suppliers from and against any claims, damages, liabilities, and reasonable expenses (including legal fees) arising out of your User Content, your use of the Service, or your breach of these Terms or of any applicable law or third-party right.

14. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will revise the "Last updated" date and, where required, provide additional notice such as by email, in-product notice, or website banner. Changes take effect when posted unless stated otherwise. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

15. Governing Law and Disputes

These Terms and any dispute arising out of or in connection with them or the Service are governed by the laws of England and Wales, and the courts of England and Wales will have exclusive jurisdiction, except where mandatory law in your country of residence provides otherwise.

16. Contact Us

If you have questions about these Terms, please contact:

contact@designxdm.com
DesignXDM
Stansfeld Park Quarry Road, Headington, Oxford, England, OX3 8SB