1. Acceptance of Terms

By accessing of using the Services or any functionality thereof on any computer, mobile phone, tablet, console or any other device or using any other technology or otherwise in any manner (“Device(s)”), you confirm that you have read, understood and agreed to be bound by these Terms along with all applicable laws, and all other operating rules, policies and procedures that may be published us from time to time, each of which is incorporated by reference and each of which may be updated by the Company from time to time without notice to you in accordance with the terms set out herein. The Terms also include, without limitation, the Privacy Policy located at www.getdekko.com/privacy-policy/ , the Payment Terms located at www.getdekko.com/payment-terms/ and the User Guidelines located at www.getdekko.com/user-guidelines/ each of which are incorporated into these Terms by this reference. These Terms apply to all users of the Service, including, without limitation, users who are contributors of content, information, and other materials or services on the App, individual users of the Services, venues that access the Services, users that have a page on the Service or access any content arising from the Services.

By downloading, accessing and/or using the App or Services in any manner, it is explicit and implied that you accept, acknowledge and agree to these Terms. If you do not understand or agree to the Terms, please do not access or use the App or Services or any functionality thereof, in any manner whatsoever. You must accept and abide by these Terms as presented to you. Changes, additions, or deletions are not acceptable, and the Company may refuse access to the Services for noncompliance with any part of these Terms.

You understand, accept and acknowledge that our Services and the App is built using the API services provided by Open AI, LLC and therefore, in addition to these Terms, you also hereby agree to the terms of use (including any amendments thereto from time to time) Open AI made available by them at their website or by any other means in the future and currently accessible at [1) https://openai.com/policies/row-terms-of-use/ 2) https://openai.com/policies/ 3) https://openai.com/enterprise-privacy/ ]. The Open AI terms and its URLs are subject to change at the discretion of OpenAI and is beyond the control of the Company and it is advised you keep yourself updated on the same.

2. Access and Mobile Services

Subject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as any other documentation, guidelines, or policies we make available to you.

Subject to these Terms, we offer to provide the Services, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services the Company performs for you, any applications or widgets offered by the Company that you download from any third party platforms and/or subject to the terms set out under the “Third Party Sites and Services” section below, from third party application stores (e.g., Apple App Store, or Google Play Store) authorized by the Company, as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)).  The Company reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that the Company will not be liable to you or to any third party for any ​​modification, suspension or discontinuance of the Services.

Further, the Services includes certain services that are available via Devices, including a mobile device, including (i) the ability to upload Content to the Services via a mobile device, (ii) the ability to browse the Services from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding the Company and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be shared and communicated to us. If you change or deactivate your mobile phone number, email ID or other relevant personal information, you must immediately update your account information.

3. Term and Termination

As long as you use the Services, these Terms and this agreement shall remain in full force and effect. We may terminate you from the Services, in our sole discretion, at any time, without warning or notice. Upon such termination, you shall be stopped from using the Services, provided however that your obligations hereunder with respect to the period prior to the termination shall survive the termination hereof. If you violate any part of this Agreement, your right to access and/or use the Services shall automatically terminate and you agree to immediately destroy any copies you may have made of any of our Services and any related content.

4. Registration and Eligibility

As a condition to using the Services, you are required to register with the Company and represent, warrant and covenant that you provide the Company with accurate, truthful, and complete registration information (including, but not limited to your name and e-mail address (User Name) that you will use to access the Services) and to keep your registration information accurate and up-to-date.
You shall not:

• provide any false or unlawful personal information to us (including a false email address) or create any account for anyone other than yourself without such person’s permission;
• use a name or an email address belonging to another person with the intent to impersonate that person;
• use a name or an email address or account that is subject to any rights of a person other than you without appropriate authorization; or
• otherwise register, create an account and/or access the Services in a manner that is unlawful.

We reserve the right to refuse registration of, or cancel your account in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify us in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Services (in which case references to “you” herein refer to you and such entity). The Company may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Use or use of the Services is prohibited and, in such circumstances, you agree not to use or access the Services in any way.

5. Notifications and Service Messages

You agree that we may provide notices to you via banners on the App, or an email sent to an address you provided, or through other means. You agree to keep your contact information up to date. If the contact information you provide isn’t up to date, you may miss out on these notices. Please review your settings regularly to control and limit what kind of messages you receive from us.

6. Advertising, External Websites and Applications 

You agree that, depending on the payment plans chosen by you, we may provide advertising to you via banners or other means on the App, that will be displayed on an ‘as is’ basis based on the information and content received from such third party advertisers (“Third Party Advertisers”). You understand that the Company is not connected to such Third Party Advertisers except as an intermediary and platform and/or in any way responsible or liable for any information or claims offered by such Third Party Advertisers. Further, the Services may include links to external websites or applications (“External Sites”). When you follow such links the External Sites may appear as a full screen (in which case you will need to use the Device button to return to the Services) or in some cases it may appear within the frame of the Services (in which case you will be able to return to the Services by using the navigation buttons within the frame or the Services). These links are provided solely as a convenience to users, and in order to help you connect with Third Party Advertisers, External Sites and/or find relevant websites, applications, services and/or products which may be of interest to you quickly and easily and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. It is your responsibility to decide whether any services and/or products available through any of these Third Party Advertisers and External Sites are suitable for your purposes. The Company is not responsible for such content, for the owners or operators of these Third Party Advertisers or External Sites or for any goods or services they supply and does not make any representations or warranties regarding such content or accuracy of any materials on such External Sites and/or or enter into any conditions, warranties or other terms in relation to these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external website or application to which the Services includes a link infringes the intellectual property rights of any third party). You should take precautions when downloading files from all websites to protect your Devices from viruses and other destructive programs. If you decide to access any External Sites, then do so at your own risk. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.

7. Use of the App/Services

Purpose
You understand and accept that the nature of the Service(s) offered by the Company is strictly for entertainment purposes only.

User Guidelines
We’ve established guidelines for using the App and Service, to make sure the Service stays enjoyable for everyone (“User Guidelines”). In using the App and Service, you must comply with the User Guidelines as well as all applicable laws, rules, and regulation, and respect the intellectual property, privacy, and other rights of third parties.

In addition to the User Guidelines, you agree not to: (a) take any action that imposes an unreasonable load on the App or Services’ infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the App, Services or any activity being conducted on the Services, or (c) delete or alter any material posted on the Services by the Company or any other person or entity.

You may not use our App/Services for any illegal, harmful, or abusive activity. For example, you may not:

• Use our Services in a way that infringes, misappropriates or violates anyone’s rights.
• Modify, copy, lease, sell or distribute any of our Services.
• Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
• Automatically or programmatically extract data or Output (defined below).
• Represent that Output was human-generated when it was not.
• Interfere with or disrupt our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Services.
• Use Output to develop models that compete with the App/Services.

8. Content

Subject to the terms and conditions of this Agreement, you may use the features and settings made available by the Company to you as part of the App and Services to generate Output (defined below), subject to your exercise of your creative control.

You may provide input to the Services, including any information, audio-visual materials, images or other content scanned, uploaded, shared or used in relation to the App/Services by you (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for Content and any related actions and configurations , including ensuring that it does not violate any applicable laws or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services.

By submitting Input to the App/Services, you hereby ​​grant to the Company a worldwide, non-exclusive, non-revokable, royalty-free, transferable and sub-licensable license in perpetuity (including, without limitation, to Users of the Service and through multiple tiers including, without limitation, through widgets distributed via third party sites) including, without limitation, to use, reproduce, distribute, adapt, prepare derivative works of (including, without limitation, by combining Input with other Services and third party content including other videos), display, publicly perform and make available and otherwise exploit Input for the life of copyright therein (the “Term”) on and in connection with the Service and the Company’s (and its successors’ and affiliates’) businesses including, without limitation, for promoting and redistributing all or part of the Services in any media or formats, now known or hereinafter developed, to grant sub-licenses through multiple tiers to any third party for any purpose and the right to display advertisements and promotional material in connection with Input. You may use or license Input, subject to the Company’s non-exclusive rights hereunder. You further irrevocably waive, any and all “moral rights” or other rights with respect to attribution of authorship or integrity of such Input that you or any other third party may have with respect to Input under any applicable law.

Restrictions on Input. In addition to compliance with the User Guidelines, you agree to the following restrictions on your content or Input and not upload, use or enagage in material(s) that:

• is illegal or encourages, promotes or incites any illegal activity;
• is harmful to minors;
• is defamatory or libelous;
• itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
• shows another person which was created or distributed without that person’s consent;
• contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
• is obscene, pornographic, violent or otherwise may offend human dignity;
• is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry;
• relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
• involves the transmission of “junk” mail or “spam”;
• impersonates or intends to deceive or manipulate a person (including, without limitation, scams and inauthentic behavior);
• contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from the Company or otherwise; or
• in any other way violates our User Guidelines or these Terms.

Usage rights in Content. ‍Notwithstanding anything to the contrary hereunder, it is acknowledged that it has not yet been established whether, or to what extent, copyright applies to content generated by artificial intelligence, so the Company makes no representation or warranty regarding the copyright or ownership of or the enforceability of any rights with respect to the Output, provided however, as between you and the Company, the Company shall own and be the copyright owner of the Output but you shall control the exercise of your rights pursuant to the following license with respect to the Output. As between you and the Company, and to the extent permitted by applicable law, you (a) retain your pre-existing rights in Input. If you use the App/Services subject to these Terms, the Company grants you a worldwide, non-exclusive, non-sublicensable and non-transferable license to reproduce the Content, solely for personal, educational, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, educational, non-commercial use is expressly prohibited without prior written permission from the Company, or from the copyright holder identified in such Content’s copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.

Similarity of content. Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services.

Our use of content. We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe.

Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. Further, you understand that since the Output is produced using such technologies, and the purpose of the App/Services is not to provide content is that is true, accurate or that may need to be in compliance with any standards of quality but instead to generate output that is meant for entertainment purposes only, and you hereby agree that:
Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts.
When you use our Services you understand and agree:

• Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
• You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
• You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
• Our Services may provide incomplete, incorrect, or offensive Output that does not represent the Company’s views, nor of any third party or their works, which the Content may be related to. If Output references any third party works, products or services, it doesn’t mean the third party endorses or is affiliated with the Company.

Image Capabilities
App/Services can accept images as part of inputs to the App/Services (“Image Capabilities”).

(a) Not for any advice. Image Capabilities are not designed or intended to be used as an advisory device or to perform any functions and should not be used as a substitute for any sort of professional advice, diagnosis, or treatment, or judgment.

(b) Images with People. You may not use Image Capabilities to assist in identifying a person or to solicit or infer private or sensitive information about a person.

Our IP rights
The intellectual property including any technology, methods, inventions, copyright, patents, trademarks, service marks, and logos of the Company, software, text, graphics, images and other content contained in the App/Services (“Company IP” ) used and displayed on the App/ Services and/or this website are the intellectual property of the Company. Other intellectual property, product, tradenames and service names on the website may be owned by third parties (“Third-Party IP”). Nothing on the App, Services or in these Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Company IP or Third Party IP without the prior written consent of the Company. All goodwill generated from the use of any Company IP shall inure to the benefit of the Company.

We and our affiliates own all rights, title, and interest in and to the App/Services. The Company IP and all copyrights, trademarks, service marks, and other intellectual property with respect thereto also belong to the Company. You may not copy, distribute, modify, make derivative works of or otherwise exploit any Company IP or use the same in any manner unless otherwise authorized in writing by the Company. The Company hereby reserves all rights not expressly granted in and to the Company IP, App/Services and the Content and you shall not copy, reproduce, distribute, transmit, display, sell, license, or otherwise exploit the same in any manner or for any purpose except as may be expressly authorized hereunder by the Company . It is expressly clarified that You may not share, display or otherwise use the Content in any manner outside of the App.

9. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES.

The Services, including the App and your data maintained on the Service is subject to malfunctions and losses and the Company is not responsible for, and does not warrant regarding, any such malfunction or loss. You are urged to backup any important data of yours that you maintain on the Services/App to avoid any inconvenience in case of such loss. The Company does not warrant that your use of the Services/App will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information or that the Services will be is free from computer virus or similar contaminations, loss, corruption, attack, interference, hacking or other security intrusion, and you agree that from time to time we may remove the Services for indefinite periods of time, or cancel the Services at any time without notice to you.

You acknowledge that your use of, or inability to use, the Services/App is at your own risk, to the fullest extent permitted by law, and that the Services and all content, information, materials, software, products and services offered through the Services and App are provided on an “AS IS” and “AS AVAILABLE” basis without representations or warranties of any kind, either express or implied, all of which the Company expressly disclaims, including, but not limited to, any representations or warranties of accuracy, completeness, reliability, title, merchantability, non-infringement, fitness for a particular purpose, or as to the security of any information that you provide to the Services or the App.

You agree that under no circumstances shall the Company or its directors, officers, employees, affiliates, agents, representatives, contractors, service providers, licensors or licensees be liable for any damages, whatsoever (including, but not limited to, direct, indirect, punitive, special, incidental, consequential, exemplary damages,) lost profits, customer loss, loss of data or information, loss of goodwill, or any other damages resulting from your use of, or inability to use, the Services.

10. Your Representations and Warranties

You hereby represent and warrant to us that:

1. You must be at least 18 years old to use the App and/or the Services. By agreeing to these Terms, you represent and warrant to us that: (1) you are at least 18 years old, (2) you have not previously been suspended or removed from the Services and (3) your registration and your use of the App and/or Services is in compliance with any and all applicable laws and regulations. If you are an entity, the individual accepting these Terms on your behalf represents and warrants that he or she has authority to bind you to this Agreement and you agree to be so bound.
2. You own or have all necessary licenses, rights, consents, and permissions for the exercise of all rights with respect to the use of Content on and in connection with the App and/or the Services including, without limitation, with respect to all copyright, trademark, patent, trade secret, rights of publicity, rights of privacy or other proprietary rights in and to the Content, and
3. Input shall not contain third party copyrighted material and it shall not be subject to a third party’s proprietary rights, unless you have permission from the rightful owner thereof and unless you are legally entitled to submit it hereunder and to grant to the Company all of the rights granted herein.

11. Beta Services

This section governs your use of services or features that the Company offers on an alpha, preview, early access, or beta basis (“Beta Services”). Beta Services are offered “as-is” to allow testing and evaluation and are excluded from any indemnification obligations the Company may have to you.

The Company makes no representations or warranties for Beta Services, including any warranty that Beta Services will be generally available, uninterrupted or error-free, or that Content will be secure or not lost or damaged. Except to the extent prohibited by law, the Company expressly disclaims all warranties for Beta Services, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.

12. Payments

Please refer to the Payment Terms for information related to payments, premium services, billing, subscriptions and any cancellations and renewals thereof . You hereby agree to and agree to comply with the terms and conditions outlined in the Payment Terms.

13. Indemnity

To the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including reasonable attorneys’ fees) from third party claims arising out of or relating to your use of the App/Services and Content or any violation of these Terms.

14. Dispute resolution

Mandatory arbitration. You and the Company agree to resolve any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, alleged breach, termination, as well as any other claims (each, a “Dispute”) including claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed, through final and binding arbitration. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect by writing to us at [dekko@woodoo.ai]. If you opt out of an update, the last set of agreed upon arbitration terms will apply.

Informal dispute resolution. We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending us notice on [email] specifying the i) dispute you would like resolve and (ii) the relief you are seeking. We will do so by sending you notice to the email address associated with your account. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.

In case we are unable to resolve a Dispute as above, the same may be submitted to mediation in accordance with the Mediation Act, 2023 or the Commercial Courts Act 2015 by either Party. Any settlement reached before the mediator shall be reduced to writing signed by the parties and binding on both the parties. The mediation proceedings shall be conducted in Mumbai, Maharashtra, India. The language to be used in the mediation shall be English.

If, and to the extent that, any such Dispute, controversy or claim has not been settled through mediation for a period exceeding one-twenty (120) days, or settled and disputed thereafter, either party shall refer the Dispute to arbitration. The arbitration proceedings shall be conducted as per the Arbitration and Conciliation Act 1996 including any modifications thereto and re-enactments thereof. The language to be used in arbitration proceedings shall be English and the seat of arbitration shall be Mumbai, Maharashtra, India. The arbitral tribunal shall consist of a sole arbitrator to be mutually appointed by the Parties, failing which, each Party shall be entitled to appoint one arbitrator and the two arbitrators so appointed shall mutually appoint the third arbitrator, constituting an arbitral panel. The decision of the arbitrator or arbitral panel (as the case may be) shall be final and binding on the parties. Each party submits to the exclusive jurisdiction of courts of Mumbai for the purposes only of compelling compliance with the above arbitration provisions and for enforcement of any arbitration award made in accordance with the above provision.

Exceptions. This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation.

Class and jury trial waivers. You agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and the Company knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

15. Severability

If any part of these Terms is found to be illegal or unenforceable, the remainder will remain in effect.

16. Copyright complaints

If you believe that your intellectual property rights have been infringed, please send notice [dekko@woodoo.ai]. We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate.

Written claims concerning copyright infringement must include the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest
• A description of the copyrighted work that you claim has been infringed upon
• A description of where the allegedly infringing material is located on our site so we can find it
• Your address, telephone number, and e-mail address
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf

17. General Terms

Assignment. You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.

Changes to these Terms or our Services. We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services due to:

• Changes to the law or regulatory requirements.
• Security or safety reasons.
• Circumstances beyond our reasonable control.
• Changes we make in the usual course of developing our Services.
• To adapt to new technologies.

We will give you advance notice of changes to these Terms that materially adversely impact you either via email or an in-product notification. All other changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must stop using our Services.

Delay in enforcing these Terms. Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.

Entire agreement. These Terms contain the entire agreement between you and the Company regarding the App/Services and supersedes any prior or contemporaneous agreements between you and the Company.

Governing law. These Terms will be governed by the laws of India. Except as provided in the dispute resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the courts of Mumbai.