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Terms & Policies
Updated April 1, 2024

Thank you for choosing DonkeyApp!

These Terms of Use govern your access to and use of DonkeyApp, including any related applications and websites (collectively, “Services”). By using our Services, you enter into a legally binding agreement with DonkeyApp LLC, a California company. These Terms encompass our Service Terms and key provisions for resolving disputes through arbitration.

We encourage you to review our Privacy Policy, which details our practices for collecting and using personal information. While it is separate from these Terms, it remains an integral document for our users.

Who We Are

DonkeyApp LLC is a forward-thinking software development company, dedicated to crafting next-generation AI solutions for enterprises. Our mission is to harness the power of artificial intelligence to drive innovation and efficiency in the business world. For more about DonkeyApp and our vision, please visit https://www.donkeyapp.io.

Registration and Access
Minimum Age Requirements:

To use DonkeyApp's Services, you must be at least 13 years old or the minimum legal age in your country. Users under 18 need consent from a parent or legal guardian.

 

Account Registration:

When creating an account, you must provide accurate and complete information. Your account is personal, and its credentials should not be shared. You are responsible for all activities under your account. If you're registering or using DonkeyApp on behalf of someone else or an entity, you must be authorized to agree to these Terms on their behalf.

Using DonkeyApp Services
Permitted Uses:

You are allowed to access and use DonkeyApp Services as long as you adhere to these Terms. Your use of the Services must comply with all applicable laws, along with our specific policies and guidelines provided to you.

 

Prohibited Activities:

Illegal, harmful, or abusive uses of our Services are strictly forbidden. This includes, but is not limited to:

  • Infringing or violating rights through the use of our Services.

  • Unauthorized modification, copying, leasing, selling, or distribution of our Services.

  • Reverse engineering or attempting to extract the source code or components of our Services, except as permitted by law.

  • Automated data extraction or use of outputs from our Services.

  • Misrepresenting outputs as human-generated when they are not.

  • Interfering with, disrupting, or circumventing safeguards in our Services.

  • Using outputs to create competing models.

 

Software Use:

Any software provided as part of our Services, like mobile apps, might update automatically to ensure you have the latest version. This may include open-source software covered by separate licenses.

 

Corporate Domains:

Accounts created with an organization's email address may be integrated into that organization's business account. Administrators from your organization will then have control over your account, including access to content and account management.

 

Third Party Services:

Our Services may incorporate third-party software, products, or services, each governed by their own terms. We are not responsible for these third-party services or their outputs.

 

Feedback:

Your feedback is valuable to us. By providing feedback, you agree that we can use it without any restrictions or obligations to compensate you.

 

Content on DonkeyApp
Your Content:

You may input data into DonkeyApp Services (“Input”) and receive corresponding output (“Output”). Both Input and Output are collectively referred to as “Content.” You are responsible for your Content and must ensure it complies with applicable laws and these Terms. You affirm that you have all necessary rights, licenses, and permissions to provide Input to our Services.

 

Ownership of Content:

In accordance with applicable law, you:

  • Retain ownership rights in your Input.

  • Own the Output generated from your Input. We assign to you any rights we may have in the Output.

 

Content Similarity:

Given the nature of AI, Outputs may not be unique, and other users might receive similar Outputs. Our assignment of rights does not include similar Outputs generated for other users or any third-party outputs.

 

Our Use of Content:

We may utilize Content to enhance, maintain, and develop our Services, comply with legal requirements, enforce our terms, and ensure the safety and security of our Services.

 

Opt-Out Option:

If you prefer that we do not use your Content for model training, you can opt out. Please be aware that this might limit our Services' ability to cater specifically to your needs.

 

Accuracy of AI Outputs:

As AI and machine learning are evolving technologies, we continually strive to improve the accuracy and reliability of our Services. However, due to the probabilistic nature of machine learning, Outputs may not always accurately reflect real-life scenarios.

By using DonkeyApp, you acknowledge and agree:
  • Outputs may not always be accurate or reliable. They should not be used as the sole source of truth, factual information, or as a substitute for professional advice.

  • You are responsible for evaluating the accuracy and suitability of Outputs for your specific use case, including conducting human reviews as necessary.

  • You must not use any Output relating to a person in a way that could significantly impact them, such as for making crucial decisions about credit, employment, housing, insurance, legal matters, medical issues, or other significant judgments.

  • Incomplete, incorrect, or offensive Outputs do not represent DonkeyApp’s views. References to any third-party products or services in the Output do not imply endorsement or affiliation.\

 

DonkeyApp's Intellectual Property Rights

DonkeyApp LLC and our affiliates retain all rights, title, and interest in the DonkeyApp Services. Any use of the DonkeyApp name and logo must be in compliance with our brand usage guidelines.

Paid Accounts on DonkeyApp

 

Billing:

When purchasing DonkeyApp Services, you agree to provide accurate billing details, including a valid payment method. For ongoing subscriptions, we will automatically charge your chosen payment method at each periodic renewal until cancellation. Applicable taxes will be added as required, and we will charge tax where mandated. In cases where payment fails, we may downgrade your account or suspend your access until we receive payment.

Service Credits:

DonkeyApp allows the option to purchase service credits in advance for certain Services. The use of these credits is governed by our Service Credit Terms.

Cancellation Policy:

You are free to cancel your paid subscription at any time. Please note that payments are non-refundable, except as required by law. Our Terms respect and do not override any mandatory local laws concerning your rights to cancel.

 

Pricing Changes:

We reserve the right to modify our pricing. Should there be a subscription price increase, we will provide at least a 30-day notice. Price increases will be effective at your next renewal, allowing you the option to cancel should you disagree with the change.

 

Termination and Suspension of DonkeyApp Services
Termination by User:

You have the freedom to discontinue using DonkeyApp Services whenever you choose.

DonkeyApp's Right to Terminate or Suspend: DonkeyApp retains the right to suspend or terminate your access or delete your account under the following circumstances:

  • If there's a breach of these Terms or our Usage Policies.

  • To comply with legal obligations.

  • If your use poses a risk or harm to DonkeyApp, our users, or others.

 

Additionally, we may terminate accounts that have been inactive for more than a year, especially if there is no associated paid account. In such cases, we will notify you in advance.

Appeals Process: If you believe that your account has been suspended or terminated in error, you are welcome to appeal by contacting our Support team at support@donkeyapp.io.

 

Discontinuation of DonkeyApp Services

In the event that DonkeyApp decides to discontinue its Services, we will ensure to provide you with advance notice. Additionally, you will receive a refund for any services that have been prepaid but remain unused.

 

Disclaimer of Warranties for DonkeyApp Services

DonkeyApp Services are provided to you on an “AS IS” basis. To the maximum extent permitted by applicable law, DonkeyApp LLC, along with our affiliates and licensors, disclaim all warranties, whether express, implied, statutory, or otherwise. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and quiet enjoyment, as well as any warranties arising from course of dealing or trade usage. We do not warrant that our Services will be uninterrupted, entirely accurate, error-free, or that any content will be completely secure or not subject to loss or alteration.

You acknowledge and agree that any use of outputs from our Services is at your own risk. You should not rely on these outputs as the sole source of truth, factual information, or as a substitute for professional advice.

Limitation of Liability for DonkeyApp

DonkeyApp LLC and our affiliates or licensors will not be liable for any indirect, incidental, special, consequential, or exemplary damages. This includes, but is not limited to, damages for loss of profits, goodwill, usage, data, or other intangible losses, even if we have been informed of the possibility of such damages. Our total liability under these Terms will not exceed the greater of the amount you paid for the Service that gave rise to the claim in the 12 months preceding the liability, or one hundred dollars ($100). These limitations apply to the fullest extent permitted by applicable law.

 

Please note that some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. Therefore, some or all of these limitations may not apply to you, and you may have additional rights. In such cases, our liability will be limited to the maximum extent permitted under the laws of your jurisdiction.

As intended third-party beneficiaries of this section, DonkeyApp’s affiliates, suppliers, licensors, and distributors have rights under these Terms.

Indemnification Clause for DonkeyApp

If you are using DonkeyApp as a business or organization, to the extent allowed by applicable law, you agree to indemnify and hold harmless DonkeyApp LLC, our affiliates, and our personnel from any costs, losses, liabilities, and expenses (including reasonable attorneys’ fees) that may arise from third-party claims related to your use of DonkeyApp Services and Content, or from any breach of these Terms.

Dispute Resolution for DonkeyApp
MANDATORY ARBITRATION:

Any disputes arising out of or relating to these Terms or the use of DonkeyApp Services (a “Dispute”) will be resolved through final and binding arbitration. You can opt out of arbitration within 30 days of account creation or within 30 days of any updates to these arbitration terms by contacting us directly. If you opt out after an update, the last agreed-upon arbitration terms will apply.

Informal Dispute Resolution: Before initiating formal legal action, both parties agree to attempt to resolve Disputes informally. You can notify us of your concerns, and we will contact you via your registered email address. If the Dispute is not resolved within 60 days, either party may initiate arbitration. A statute of limitations will be tolled during this period.

Arbitration Forum and Procedures: If informal resolution fails, arbitration will commence under National Arbitration and Mediation (“NAM”) rules. DonkeyApp will not seek attorneys’ fees in arbitration unless your claim is deemed frivolous. The Federal Arbitration Act governs these arbitration terms. The arbitration will be conducted by videoconference, or in person if necessary, and will be overseen by a sole arbitrator.

Exceptions:

This section does not require informal resolution or arbitration for individual small claims court cases or for seeking injunctive relief against unauthorized use or abuse of DonkeyApp Services or intellectual property issues.

CLASS AND JURY TRIAL WAIVERS: Disputes must be brought individually and not as part of any class, consolidated, or representative proceedings. Class arbitrations, class actions, and representative actions are not allowed. Only individual relief is available. Any request for public injunctive relief will be litigated in court after arbitration of the underlying claim. Both parties waive the right to a jury trial in any related action.

 

Batch Arbitration:

If multiple similar arbitration demands are filed, they may be administered in batches by NAM. Each batch will be treated as a single consolidated arbitration.

Severability: If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will still be effective. If any finding makes class or representative actions possible, the entire dispute resolution section will become unenforceable.

 

Copyright Complaints for DonkeyApp

If you believe that your intellectual property rights have been infringed upon, please notify us at the address provided below or through this designated form. We are committed to addressing such concerns and may remove or disable content that is found to be in violation of these Terms or infringing upon intellectual property rights. Repeat infringers may have their accounts terminated in accordance with our policy.

Contact for Copyright Complaints:

DonkeyApp LLC

5700 Stoneridge Mall Rd, Suite 285,

Pleasanton, CA 94588

Attn: General Counsel / Copyright Agent

 

Information Required in Copyright Infringement Claims:
  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright.

  • A description of the copyrighted work you claim has been infringed.

  • Details of where the allegedly infringing material is located on our site.

  • Your contact details: address, telephone number, and email address.

  • A statement by you, made in good faith, that the disputed use is not authorized by the copyright owner, its agent, or the law.

  • A statement made under penalty of perjury that the information provided in your notice is accurate and that you are the copyright owner or are authorized to act on their behalf.

 

General Terms for DonkeyApp
Assignment:

Your rights or obligations under these Terms cannot be assigned or transferred by you, and any such attempt will be null and void. DonkeyApp LLC may assign its rights or obligations to any affiliate, subsidiary, or successor related to our Services.

 

Changes to Terms and Services:

DonkeyApp is committed to continuous improvement and development. Therefore, we may occasionally update these Terms or our Services in response to:

  • Legal or regulatory changes.

  • Security or safety requirements.

  • Unforeseeable circumstances beyond our control.

  • Routine development of our Services.

  • Technological advancements.

 

We will provide at least 30 days' notice of materially adverse changes to these Terms via email or in-product notification. All other changes will take effect immediately upon posting on our website. If you disagree with the changes, you should discontinue using our Services.

 

Enforcement Delay:

Our failure to enforce any provision does not waive our right to enforce it later. If any part of these Terms is found invalid or unenforceable, that part will be enforced to the maximum extent, not affecting the enforceability of the remaining terms.

 

Trade Controls Compliance:

You must adhere to all applicable trade laws, including sanctions and export control laws. DonkeyApp Services cannot be used in or exported to embargoed countries or individuals/entities restricted under trade laws. Services must not be used for prohibited end-uses, and your Input should not include material requiring government licenses for release or export.

 

Entire Agreement:

These Terms represent the entire agreement between you and DonkeyApp LLC regarding our Services, superseding any prior agreements, except for any service-specific terms.

 

Governing Law:

These Terms are governed by California law, excluding its conflict of laws principles. Except as outlined in the dispute resolution section, any claims related to these Terms will be exclusively handled in the federal or state courts of San Francisco, California.

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