Terms of Service

3.1. Who May Use the Services. You may only use the Services if you are at least 18 years of age and have the right, authority and capacity to enter into these Terms. If you are under age 18, you may only use the Services (a) with the consent of your parent or legal guardian and (b) if you are old enough to consent to share your data under applicable law. For example, you must be 13 years or older under most United States' law, or 16 years or older under California or European Union law. Please be sure that your parent or legal guardian has reviewed and discussed these Terms with you.

3.2. Use Restrictions. Except as otherwise expressly authorized in these Terms, you will not, and will ensure your employees, contractors, and other persons associated with your DeliberAI account ("Authorized Users") do not, and will not encourage or assist third parties to:

(i) rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Services to any third party (except as permitted under these Terms);

(ii) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Services, or any part thereof;

(iii) access the Services for purposes of performance benchmarking;

(iv) access the Services for purposes of building or marketing a competitive product or service;

(v) use the Services to store or transmit a virus or malicious code;

(vi) use a virtual private network (VPN) to circumvent geographic-based pricing or content access;

(vii) use the Services to transmit unsolicited emails or engage in spamming;

(viii) use any form of data mining, extraction, or scraping on the Services and/or the contents available therein for machine learning or other purposes;

(ix) bypass the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services;

(x) remove any proprietary notice or labels displayed on the Services, including without limitation any DeliberAI branding or attribution on documents or outputs; or

(xi) use the Services in any manner that violates applicable laws or regulations.

3.3. Authorized Users; Accounts. As part of the registration process, you will identify an administrative username and password for your DeliberAI account. You represent and warrant that all registration information you provide is truthful, accurate, and complete, and that you will maintain the accuracy of such information. You are responsible and liable for maintaining control over your account, including the confidentiality of your username and password, and are solely responsible and liable for all activities that occur on or through your account and all Authorized Users' accounts, whether authorized by you or not.

3.4. Feedback; Use Rights. We welcome feedback, comments, and suggestions ("Feedback"). As we need to be able to freely work with your Feedback to improve the Services, you hereby irrevocably transfer and assign all right, title, and interest (including all intellectual property rights, such as copyrights or trade secrets) in and to the Feedback, including any and all "moral rights" that you might have in such Feedback, and you hereby forever waive and agree never to assert any and all "moral rights" you may have in the Feedback. Additionally, DeliberAI will have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services, and related systems and technologies, and DeliberAI will be free (during and after the term) to use such data and information to maintain, improve, and enhance any products or services.

3.5. Reservation of Rights. As between the parties, DeliberAI owns all right, title, and interest in the Services, including all enhancements, derivatives, and improvements to the foregoing and all Intellectual Property Rights inherent therein, and Aggregate Data (defined below); and you own all right, title, and interest in any data in electronic form that you make available through the Services, including brainstorming content, session data, structured documents, and outputs, as further described in this Section below ("Customer Data"). Except as expressly set forth in these Terms, each party retains all right, title, and interest in and to its intellectual property rights. All rights not expressly granted are reserved, and no license, covenant, immunity, transfer, authorization, or other right will be implied, by reason of statute, estoppel, or otherwise, under these Terms.

3.6. Patent Assertion Entities. A "Patent Assertion Entity," sometimes referred to as a 'non-practicing entity' or a 'patent troll,' is (a) any entity that derives or seeks to derive most of its revenue from the offensive assertion of patent rights, or (b) directly or indirectly controls, is controlled by, or is under common control with an entity described in (a). If you are a Patent Assertion Entity or are acting on behalf of, or for the benefit of a Patent Assertion Entity, you will not assert, or authorize, assist, encourage, or enable any third party to assert, any claim, or pursue any actions, suits, proceedings, or demands, against DeliberAI or its affiliates that allege that the Services infringe, misappropriate, or otherwise violate any intellectual property rights (including patents). This section will survive any termination or expiration of these Terms.

3.7. Excluded Data. You shall not provide DeliberAI with any Customer Data that constitutes personally identifiable information subject to heightened security requirements by law or regulation or contract beyond what is necessary for the Services to function (such as government-issued identification numbers, financial account information, or protected health information).

3.8. Aggregate Data. DeliberAI may use Customer Data to create aggregated data sets in a manner that does not permit identification of you, your customers, or your users (collectively, the "Aggregate Data"). DeliberAI may use Aggregate Data for DeliberAI's lawful business purposes, including to improve, provide, and enhance the Services and for other development, diagnostic, and corrective purposes in connection with the Services and any other DeliberAI offerings.

3.9. Authorization. You grant DeliberAI a nonexclusive, worldwide, royalty-free right to reproduce, display, adapt, modify, transmit, distribute and otherwise use the Customer Data (a) to maintain, provide, and improve the Services under these Terms; (b) to prevent or address technical or security issues and resolve support requests; (c) at your direction or request, including processing initiated by Authorized Users through their use of the Services; and (d) as otherwise required by applicable law. No rights to the Customer Data are granted to DeliberAI hereunder other than as expressly set forth in these Terms.

3.10. AI-Powered Brainstorming Services. The Services leverage Anthropic's Claude large language model and artificial intelligence platform ("Claude API") to provide AI-guided brainstorming sessions and generate structured documents (collectively, the "Output") in response to your ideas, prompts, and conversation ("Prompts").

Third-Party AI Processing: By accessing and using the Services, you acknowledge and consent that your brainstorming content, Prompts, and session data will be transmitted to and processed by Anthropic's Claude API to provide the core functionality of our Services. This processing is subject to Anthropic's commercial API terms and data handling policies. We select Anthropic as our AI provider based on their strong data privacy practices and commercial-grade security standards.

No Warranties on AI Output: We do not make any representations or warranties with respect to the Claude API or any Output provided in connection therewith. The Claude API is not under our control and does not form part of the Services for warranty purposes. We are not responsible for the Claude API or Output generated thereby, and you use such services and Output at your own risk.

3.11. Ownership of Output. As between the parties, each of the Prompts and Output (including all brainstorming session content and structured documents) are considered "Customer Data" for the purposes of these Terms. You are the owner of Customer Data, and we hereby assign to you all right, title and interest we may have, if any, in and to any Output. Notwithstanding the foregoing, you acknowledge that Output is generated automatically by artificial intelligence technology and may be similar to or the same as Output provided to other customers, and no rights to any Output generated, provided, or returned by the Services for or to other customers are granted to you under these Terms.

3.12. Responsible Use of Output. You are responsible for reviewing any Output prior to its use and exercising your own business and legal judgment as to its suitability for use. You acknowledge and agree that, notwithstanding the AI-assisted brainstorming provided by the Services, you remain solely responsible for the content, legality, accuracy, and completeness of the Output, and any use thereof.

Further, you acknowledge that there are numerous limitations that apply with respect to Output provided by AI systems due to the fact that it is automatically generated, including that: (a) it may contain errors, inaccuracies, or misleading information; (b) AI models are based on predefined rules and algorithms that lack the ability to think creatively in the way humans do and can result in repetitive or formulaic content; (c) AI models can struggle with understanding the nuances of language, including slang, idioms, and cultural references, which can result in output that is out of context or does not make sense; (d) AI models do not have emotions and cannot understand or convey emotions in the way humans can, which can result in output that lacks the empathy and emotion that humans are able to convey; (e) AI models can perpetuate biases that are present in the data used to train them, which can result in output that reflects those biases; (f) AI models can struggle with complex tasks that require nuanced reasoning, judgment and decision-making; (g) AI models require large amounts of data to train and generate content, and the data used to train AI models may be of poor quality or biased, which will negatively impact the accuracy and quality of the generated output; and (h) Output can lack the personal insight that comes with content created by humans based on lived experience and deep domain expertise.

You shall evaluate the fitness of any Output as appropriate for your specific use case, business context, and intended purpose.

3.13. AI Output Warranty Disclaimer. DELIBERAI MAKES NO WARRANTY OR GUARANTEE THAT THE OUTPUT WILL PROVIDE ACCURATE, TAILORED OR INFORMATIVE RESULTS OR BE FIT FOR YOUR PARTICULAR PURPOSE OR USE CASE. DELIBERAI DOES NOT REPRESENT OR WARRANT THAT THE PROMPTS OR OUTPUT ARE PROTECTABLE BY ANY INTELLECTUAL PROPERTY RIGHTS, OR THAT THE OUTPUT DOES NOT INCORPORATE, INFRINGE OR MISAPPROPRIATE THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. YOU ACKNOWLEDGE THAT THE SERVICES LEVERAGE ANTHROPIC'S CLAUDE API AND THAT DELIBERAI IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD DELIBERAI LIABLE, FOR THE CLAUDE API OR ANY OUTPUT THEREOF.

3.14. Credit System.

Credit Allocation: Subscriptions to the Services include monthly credit allocations that are used to access AI-powered brainstorming features. Credits are consumed based on the computational resources required to process your brainstorming sessions through the Claude API. The specific credit allocation for your subscription tier is specified during the signup process and in your account dashboard.

Credit Usage: Each brainstorming session consumes credits based on the length and complexity of the conversation. You can monitor your credit usage in real-time through your account dashboard. Credits are non-transferable and expire at the end of each billing cycle.

Credit Limits: Monthly credit allocations have hard limits to ensure service sustainability. When you reach your monthly credit limit, you will not be able to initiate new AI-powered brainstorming sessions until either (a) your credits reset at the next billing cycle, or (b) you purchase additional credits through our credit top-up system.

Credit Top-Ups: You may purchase additional credits beyond your monthly allocation through our credit top-up system. Top-up credits are available in predefined amounts, are added immediately to your account, and expire at the end of your current billing cycle.

No Credit Refunds: Credits are non-refundable. Unused credits do not roll over to subsequent billing periods and have no cash value.

3.15. Business Account Features. When you join a DeliberAI Enterprise or business account, the administrators of that account may access and control certain aspects of your DeliberAI account, including viewing usage data and managing subscription features. In addition, if you create an account using an email address belonging to your employer or another organization, we may share the fact that you have a DeliberAI account and certain account information, such as your email address, with your employer or organization to, for example, enable you to be added to their business account.

4.1. License to Services. Subject to the terms and conditions of these Terms, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable license worldwide (with the exception of (i) jurisdictions that are embargoed or designated as supporting terrorist activities by the United States Government and (ii) jurisdictions whose laws do not permit engaging in business with DeliberAI or use of the Services) for you to access and use the Services for your internal business or personal purposes.

4.2. DeliberAI Rights.

5.1. Pricing. Certain Services are offered under different pricing plans ($19/month or $180/year for standard subscriptions, with additional credit top-up options available), the limits and features of which are available during the signup process and in your account dashboard. Your rights and obligations with respect to the Services will be based in part on the pricing plan you choose.

5.2. Payment Terms.

5.3. Authorization for Recurring Payments.

5.4. Canceling Subscriptions; Modifications; Taxes

5.5. Taxes. All fees do not include taxes, and you agree to: (a) pay all sales/use, gross receipts, value-added, GST, personal property, or other tax (including any interest and penalties) with respect to the transactions and payments under these Terms, other than taxes based on our income, employees, or real property; and (b) be responsible for any filing of any information or tax returns with respect thereto. If we were required to collect a tax and did not do so at the time of sale, we reserve the right to later charge you for the applicable tax.

5.6. Withholding. All payments made by you to us under these Terms exclude any deduction or withholding. If any such deduction or withholding (including but not limited to cross-border withholding taxes) is required by law, you will pay such additional amounts as are necessary so that the net amount received by us after such deduction or withholding will be equal to the full amount that we would have received if no deduction or withholding had been required. Each party will use commercially reasonable efforts to work with the other party to help obtain, reduce, or eliminate any necessary withholding, deduction, or royalty tax exemptions where applicable.

6.1. Confidential Information. We (the "Discloser") have disclosed or may disclose proprietary or non-public business, technical, financial, or other information ("Confidential Information") to you (the "Recipient"). Our Confidential Information expressly includes non-public information regarding features, functionality, and performance of the Services, including security related information.

6.2. Obligations. The Recipient will use the Discloser's Confidential Information only for the purpose of evaluating whether or not to use (or continue to use) the Services. The Recipient will not disclose the Discloser's Confidential Information to parties other than the Recipient's employees, contractors, affiliates, agents, or professional advisors ("Representatives") who need to know it and who have a legal obligation to keep it confidential. The Recipient will ensure that its Representatives are subject to no less restrictive confidentiality obligations than those herein. Notwithstanding the foregoing, the Recipient may disclose the Discloser's Confidential Information: (a) if directed by Discloser; or (b) to the extent required by applicable legal process, provided that the Recipient uses commercially reasonable efforts to (i) promptly notify the Discloser in advance, to the extent permitted by law, and (ii) comply with the Discloser's reasonable requests regarding its efforts to oppose the disclosure. The obligations set forth herein will survive for so long as these Terms are in effect between the parties and for five years thereafter.

7.1. Data Recovery. In the event of any loss or corruption of any data associated with a Subscription, DeliberAI will use commercially reasonable efforts to restore the lost or corrupted data from the latest relevant backup maintained by DeliberAI. EXCEPT FOR THE FOREGOING, DELIBERAI WILL NOT BE RESPONSIBLE FOR ANY LOSS, DESTRUCTION, ALTERATION, UNAUTHORIZED DISCLOSURE OR CORRUPTION OF ANY DATA.

7.2. Service Warranty Disclaimer. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Services, and we make no guarantees around data retention or preservation. EXCEPT AS SET FORTH IN SECTION 7.1, THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

7.3. Third-Party AI Services. DELIBERAI DOES NOT WARRANT OR SUPPORT, AND WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY OF ANY KIND FOR, ANTHROPIC'S CLAUDE API OR ANY OTHER THIRD-PARTY AI SERVICES. THESE THIRD-PARTY AI SERVICES ARE PROVIDED BY ANTHROPIC AND OTHER THIRD PARTIES, NOT DELIBERAI. ANY USE OF THIRD-PARTY AI SERVICES IS SUBJECT TO THE APPLICABLE THIRD PARTY'S TERMS AND POLICIES, AND DELIBERAI HAS NO RESPONSIBILITY OR LIABILITY FOR SUCH THIRD PARTY'S ACTIONS OR OMISSIONS.

7.4. Beta Services. You may choose to use Beta Services in your sole discretion. Notwithstanding anything to the contrary in these Terms or otherwise: (a) Beta Services may not be supported and may be changed or terminated at any time without notice; (b) Beta Services may not be as reliable or available as the Services; (c) Beta Services have not been subjected to the same security requirements, measures, and auditing as the Services; (d) Beta Services constitute DeliberAI's Confidential Information; and (e) BETA SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY, INDEMNITY OR SUPPORT AND DELIBERAI'S LIABILITY FOR BETA SERVICES WILL NOT EXCEED FIFTY DOLLARS (US $50). For purposes of these Terms, "Beta Services" means services or features identified as "alpha," "beta," "preview," "early access," or "evaluation," or words or phrases with similar meanings.

11.1. Third Party Software Licenses. The Services may generate or reference software code containing third-party components subject to the terms and conditions of "open source" software licenses ("Third Party Software"). To the extent required by the license that accompanies the Third Party Software, the terms of such licenses will apply in lieu of this Agreement with respect to such Third Party Software, including without limitation, any provisions governing access to source code, modification or reverse engineering. You will at all times comply with the applicable license terms and conditions for any Third Party Software.

11.2. Privacy Policy. Our Privacy Policy governs how we collect, use and disclose information from the Services. You hereby consent to the use and collection of your information in accordance with our Privacy Policy.

11.3. Copyright Infringement and Digital Millennium Copyright Act. We respect the intellectual property rights of others, and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, in appropriate circumstances and in our sole discretion, we may terminate the rights of any user to use the Services (or any part thereof) who infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information to our Copyright Agent:

• An electronic or physical 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 material that you claim is infringing is located on the Services.
• Your address, telephone number, and email address.
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and/or the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.

All notices of copyright infringement claims should go to our Copyright Agent at legal@deliber.ai.

11.4. Force Majeure. DeliberAI will not be liable for, or be considered to be in breach of or default under these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond its reasonable control, so long as it uses commercially reasonable efforts to avoid or remove those causes of non-performance. If DeliberAI believes in good faith that it is legally prohibited from providing you or your Authorized Users with the Services, we may freeze your account and/or cancel your subscription at DeliberAI's sole discretion.

11.5. Notices. Any notices or other communications provided by DeliberAI under these Terms, including those regarding modifications to these Terms, will be given by DeliberAI: (i) via e-mail, if to DeliberAI then to legal@deliber.ai; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

11.6. Severability. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision hereof and it is the intent and agreement of the parties that these Terms will be deemed amended by modifying such provision to the extent necessary to render it valid, legal, and enforceable while preserving its intent or, if such modification is not possible, by substituting another provision that is legal and enforceable and that achieves the same objective.

11.7. Assignment. These Terms (and your access to any of the Services) are not assignable or transferable by you without our prior written consent. Any purported assignment in violation of this section is null and void.

11.8. Service Providers. For the avoidance of doubt, DeliberAI may engage third parties as service providers to the Services (for example, DeliberAI uses Anthropic for AI services, Supabase for database services, Stripe for payment processing, and Vercel for hosting).

11.9. No Partnership. No agency, partnership, joint venture, or employment is created as a result of these Terms, and neither party has any authority of any kind to bind the other party in any respect whatsoever.

11.10. Governing Law. These Terms will be governed by the laws of the State of California without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

11.11. Dispute Resolution for Individuals

11.12. Dispute Resolution for Entities. If you are accessing and using the Services on behalf of a company or other legal entity, any claim, cause of action, or dispute between the company or other legal entity and DeliberAI arising out of or relating to these Terms or the Services will be resolved exclusively according to the process set forth in Section 11.10, except that, to the extent legally permitted, (1) each party will be responsible for their own filing, administrative, arbitrative and similar fees, (2) the losing party will pay the prevailing party for all costs and attorney's fees and (3) the AAA Commercial Arbitration Rules will apply to any arbitration between us.

11.13. Interpretation. Whenever the words "including," "include," "includes" or "such as" are used herein, they will be deemed to be followed by the phrase "without limitation."

11.14. Government Use. If you are a U.S. government or other U.S. governmental entity (or your use of the Services is for the U.S. government or another U.S. governmental entity), the following terms apply:

11.15. Entire Terms. These Terms supersede all other agreements between the parties relating to its subject matter. The parties expressly agree that any different or additional terms set forth in any purchase order, vendor portal, code of conduct, or other similar documentation provided by you will not apply between the parties even if signed, acknowledged or accepted by DeliberAI, unless DeliberAI specifically references this clause and waives its rights.

11.16. No Third Party Beneficiaries. The parties acknowledge that the covenants set forth in these Terms are intended solely for the benefit of the parties, their successors and permitted assigns. Nothing herein, whether express or implied, will confer upon any person or entity, other than the parties, their successors and permitted assigns, any legal or equitable right whatsoever to enforce any provision of these Terms.

11.17. Publicity. We may include your name and logo on our website or in other marketing materials or channels solely to reference you as a DeliberAI customer, and subject to any trademark usage instructions provided to us.