These Terms of Service ("Terms") govern your access to and use of the Desire AI platform and website located at getdesireai.com (collectively, the "Service"), operated by Visionary Alignment LLC ("Company," "we," "us," or "our"). By creating an account, subscribing to a plan, or otherwise using the Service, you ("you" or "User") agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use the Service. If you are using the Service on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and that entity.

2. Account Registration

To access the Service, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at [email protected] if you suspect unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to safeguard your account credentials.

3. Description of the Service

Desire AI is a software-as-a-service (SaaS) platform that provides AI-powered marketing tools designed specifically for jewelry brands. The Service may include, but is not limited to, AI content generation, social media post creation, email marketing assistance, brand voice customization, and marketing analytics. Features may vary by subscription plan and may be modified over time.

4. Subscription Plans and Billing

4.1 Plans and Pricing

The Service is offered through paid subscription plans as described on our pricing page. Pricing, features, and plan availability are subject to change. We will notify you of any pricing changes that affect your current subscription at least 30 days before the change takes effect.

4.2 Billing Cycle

Subscriptions are billed on a recurring basis (monthly or annually, depending on your selected plan) starting on the date you subscribe. Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date.

4.3 Payment

Payments are processed through our third-party payment processors, Stripe and PayPal. By providing payment information, you authorize us to charge the applicable subscription fee to your designated payment method. You are responsible for keeping your payment information current. If a payment fails, we may suspend or restrict access to the Service until payment is resolved.

4.4 Taxes

All fees are exclusive of applicable taxes unless stated otherwise. You are responsible for paying any taxes, duties, or other governmental charges associated with your use of the Service.

4.5 Cancellations & Billing

Cancellations, billing practices, and any applicable credits are handled in accordance with our Cancellation & Billing Policy. All subscriptions are cancel-anytime with no long-term contracts.

5. User Content and Intellectual Property

5.1 Your Content

You retain all rights to the content, data, brand assets, and other materials you upload to or input into the Service ("User Content"). By using the Service, you grant us a limited, non-exclusive, worldwide license to use, process, and store your User Content solely for the purpose of providing and improving the Service. This license terminates when you delete your User Content or close your account, except as required for backup and legal compliance purposes.

5.2 AI-Generated Content

Content generated by the Service using your inputs ("Output Content") is provided for your use. You are granted a non-exclusive, worldwide license to use, modify, reproduce, and distribute Output Content for your business purposes. You acknowledge that AI-generated content may not be unique and that similar or identical content may be generated for other users. You are solely responsible for reviewing, editing, and ensuring the accuracy and appropriateness of any Output Content before publishing or distributing it.

5.3 Our Intellectual Property

The Service, including its software, design, algorithms, text, graphics, logos, and documentation, is owned by Visionary Alignment LLC and is protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any ownership interest in the Service. You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse-engineer or attempt to extract the source code of our software.

6. Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. You agree not to use the Service in any manner that violates applicable laws, infringes on the rights of others, or is otherwise prohibited by these Terms or the Acceptable Use Policy.

7. Limitation of Liability

7.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

7.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VISIONARY ALIGNMENT LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.3 Cap on Liability

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

7.4 AI Content Disclaimer

You acknowledge that the Service uses artificial intelligence to generate content and that AI-generated content may contain errors, inaccuracies, or inappropriate material. We do not guarantee the accuracy, completeness, or suitability of any AI-generated content. You are solely responsible for reviewing and approving all content before use. We are not liable for any damages arising from your reliance on or use of AI-generated content.

8. Indemnification

You agree to indemnify, defend, and hold harmless Visionary Alignment LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of a third party.

9. Termination

9.1 Termination by You

You may cancel your subscription and close your account at any time through your account settings or by contacting us at [email protected]. Cancellation will take effect at the end of your current billing period, and you will retain access to the Service until that time. No refunds will be issued for partial billing periods, except as provided in our Refund Policy.

9.2 Termination by Us

We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe you have violated these Terms, the Acceptable Use Policy, or any applicable law. We may also terminate the Service entirely or discontinue any feature with reasonable notice. In the event of termination for cause, no refund will be provided.

9.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We may delete your account data within 90 days of termination, unless retention is required by law. Sections of these Terms that by their nature should survive termination (including Sections 5, 7, 8, 10, and 11) will continue in full force and effect.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

10.2 Binding Arbitration

If we are unable to resolve a dispute informally, you and Visionary Alignment LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator, and the seat of arbitration shall be in the State of Connecticut. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AND VISIONARY ALIGNMENT LLC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one party's claims and may not preside over any form of class or representative proceeding.

10.4 Exceptions

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

11. General Provisions

11.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict-of-law principles.

11.2 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, Acceptable Use Policy, Refund Policy, and DMCA Policy, constitute the entire agreement between you and Visionary Alignment LLC regarding the Service and supersede all prior agreements and understandings.

11.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

11.4 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision. A waiver of any right or provision will be effective only if made in writing and signed by an authorized representative of Visionary Alignment LLC.

11.5 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

11.6 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, internet or infrastructure failures, or pandemics.

12. Contact Us

If you have any questions about these Terms, please contact us at:

Visionary Alignment LLC (dba Desire AI)
Email: [email protected]
Website: getdesireai.com