Terms of Service

 

Last Updated September 7th, 2023

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Please read these Terms of Service, and the Privacy Policy. Together, these TWO (2) artifacts form a unified agreement (“Agreement”) that applies to all users of our Software. This Agreement is between Darbee (“Darbee”, “We”, “Our” or “Us”) and the natural or legal person agreeing to it (“Customer”, “You” or “Your”) and contains important information about Your use of Our Site and / or Software.

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Welcome to Darbee! These Terms of Service ("Terms") govern your use of Darbee (the "Service"), a software service provider located in Illinois. By accessing or using our Services, you are agreeing to these Terms and concluding a legally binding contract with Darbee. Do not access or use the Services if you are unwilling or unable to be bound by the Terms.

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Darbee provides access to a Google Chrome extension that leverages AI to generate Titles, Descriptions, and Tags for Etsy product listings directly on the product listing page on Etsy. Users input a brief product description, and the software populates the corresponding fields with AI-generated text.

 

1. Account Creation and Access

 

In order to utilize the Darbee software, you are required to create an account by providing us with all necessary information and agreeing to these Terms of Service. You commit to furnish Darbee with complete and accurate information at the time of registration and maintain its accuracy throughout your usage of our service.

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You affirm that you are a human that is over the age of 13 as accounts created by bots or minors are not permitted.

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Darbee reserves the right to access your account, or any information linked to your account, for the purpose of providing support or maintenance, for security reasons, or for any other business-related purpose. By creating an account, you acknowledge and consent to such access.

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You are responsible for your conduct and activities on, through or related to Our Service. If you create an account to use Our Service, You are responsible for all conduct or activities on, through or by use of your account. You must notify us of any unauthorized use of your account immediately.

 

2. Subscription and Payment Terms

 

Subscription Plans to our service are charged in advance according to the respective terms and automatically renew at the end of each term, equivalent to the previous term, unless otherwise stated in the Order Form. The customer can choose not to renew their plan by cancelling their plan on their account dashboard or contacting support@darbee.io.

 

3. Fees and Payment

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Your usage of and access to our Services is predicated on your agreement to pay all fees related to your Subscription Plan, any other fees for additional services you purchase, and any applicable taxes linked with your use of the Services.

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Payments are due for any month on the same date, or the closest date in that month, to the day you signed up with Darbee and made your first monthly payment. You must terminate your Monthly Service Plan at least 24 hours prior to the next monthly due date in order to avoid being charged for that given month.

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We will charge the fees owed under your Subscription Plan to the credit card you provide us during registration (or a different credit card if you update your payment information). You understand that the billed amount for each renewal period may fluctuate due to promotional offers, changes in your Subscription Plan, and variations in applicable taxes, and you grant us permission to charge you the corresponding amounts. In the event of failure to pay the required fees as described in this Agreement, we reserve the right to deactivate your access to our Services. Unless stated otherwise, all fees are in U.S. Dollars.

 

3.1 Credit Card Billing

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Your Subscription Plan fees will be billed to your credit card. You give permission for the card issuer to pay any amounts herein associated with your Plan and authorize us (or a billing agent acting on our behalf) to continue charging these amounts to your credit card until either you or we cancel or terminate your Subscription Plan as provided herein or these amounts are paid in full.

 

You agree to provide and maintain accurate, current, and complete billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate. If your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Darbee username or password), you must promptly notify Darbee.

 

4. Use of Artificial Intelligence

 

Darbee uses advanced AI technology provided by OpenAI to generate content. Due to the nature of this technology, there may be occasions where the AI provides incoherent or incorrect information. Darbee cannot guarantee the accuracy or appropriateness of content generated by the AI and assumes no liability for any errors, inaccuracies, or misleading statements made by the AI. Darbee is not responsible for any usage that is lost due to unfit AI responses and the user accepts that any and all usage regardless of accuracy and/or appropriateness will deduct from the user’s monthly request allowance as governed by the plan they are subscribed to.

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5. Service Availability

 

Availability of Darbee: While we strive to ensure that Darbee is available to our users at all times, there may be instances where the service is unavailable, interrupted, or limited in functionality. This may occur due to, but is not limited to, maintenance, system updates, unforeseen technical challenges, or issues beyond our control.

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No Guarantee: We do not guarantee uninterrupted or flawless operation of Darbee. Users acknowledge and accept that there will be times when the service may not be available or might not function as intended.

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Maintenance and Updates: Periodically, we may need to perform maintenance on Darbee or introduce updates to improve its functionality, security, and overall user experience. During such times, the service might be temporarily unavailable. We will endeavor, where feasible, to conduct these operations during off-peak hours and, when possible, provide users with prior notice.

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Limitation of Liability: We shall not be held liable for any damages, losses, or inconveniences suffered by users due to the unavailability or malfunction of Darbee, whether it's for short durations or extended periods. It is the user's responsibility to have contingency plans in place for such occurrences.​

 

6. Intellectual Property Rights

 

While Darbee makes reasonable efforts to avoid generating content that infringes on copyrights or trademarks, there is a risk that the AI might unknowingly generate such content. As such, you agree to assume full responsibility for ensuring the content generated by Darbee does not infringe upon any intellectual property rights. Darbee is not liable for any infringements made as a result of content generated by the service and all liability lies with the account holder.

 

7. Affiliation

 

7.1 Etsy

 

Darbee is not affiliated, associated, authorized, endorsed by, or in any way officially connected with Etsy, or any of its subsidiaries or its affiliates. The official Etsy website can be found at www.etsy.com. The use of the Etsy name in the Darbee service, is for identification and reference purposes only and does not imply any association with Etsy.

 

7.2 OpenAI

 

Darbee is not affiliated, associated, authorized, endorsed by, or in any way officially connected with OpenAI, or any of its subsidiaries or its affiliates. The official OpenAI website can be found at www.OpenAI.com. The use of the OpenAI name in the Darbee service, is for identification and reference purposes only and does not imply any association with OpenAI.

 

 

8. Termination

 

We may terminate or suspend your access to the Service at any time, with or without cause or notice to you.

 

9. Your Responsibilities

 

You agree to use our Service in compliance with all applicable laws, rules, and regulations, and in a manner that does not violate our legal rights or those of any third party. You are responsible for safeguarding any password used to access the Service and for any activities or actions under your password.

 

10. Limitation of Liability

To the fullest extent permitted by law, Darbee and its affiliates, suppliers, and distributors make no warranties, either express or implied, about the services. The services are provided "as is". We also disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement. Darbee will not be liable for any special, incidental, consequential, or punitive, indirect damages, loss of goodwill or business profits, lost revenue, work stoppage, loss or corruption of data, computer failure, data security breach, malfunction or any losses or damages resulting from the extension installation, use, or other associated services.

 

11. Changes to These Terms

 

We may modify these Terms at any time. If we make changes that are material, we will notify you. Your continued use of the Services after the effective date of the updated Terms constitutes your agreement to the updated Terms.

 

12. Disclaimer of Warranties

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The data, reports, and services included or accessible through our services might contain errors, whether typographical or otherwise. Modifications are periodically integrated into the content hereof. Darbee and/or its respective suppliers may introduce enhancements and/or modifications in the Services at any time, with no obligation to inform any individual or entity about such alterations.

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13. Refunds

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If you contact us within three (3) days of purchasing any Darbee plans and have used less than half of your allotted requests to terminate such plans, we will refund the amount of your last payment to Darbee less any transactions and/or processing fees. This provision shall apply to monthly, and yearly service plans.

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14. Governing Law

 

These Terms and any disputes arising out of or related to these Terms or the Services will be governed by the laws of the State of Illinois, without regard to its choice of law rules.

 

By using Darbee, you are agreeing to the above terms. Please contact us at support@Darbee.io if you have any questions about these Terms.

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