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Terms of Service for damiano.ai

Effective Date: January 1, 2025

1. Acceptance of Terms

By accessing and using the website www.damiano.ai (the „Site”) and the services offered by damiano.ai („we,” „us,” or „our”), including the creation of automation solutions for companies and the implementation of AI agents (collectively, the „Services”), you („User,” „you,” or „your”) agree to be bound by these Terms of Service („Terms”). If you do not agree to all of these Terms, do not access or use the Site or our Services.

These Terms are intended to be compliant with Google’s requirements for web applications hosted on Google Cloud Platform.

2. Description of Services

damiano.ai provides business automation solutions and AI agent implementation services. This includes, but is not limited to, consultation, development of custom AI solutions, process automation, and deployment of AI agents tailored to client needs. Specific details of services to be provided to a client will be outlined in a separate service agreement or statement of work.

3. User Responsibilities and Conduct

You agree to use the Site and Services only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Site or Services. Prohibited behavior includes:

  • Harassing or causing distress or inconvenience to any person.
  • Transmitting obscene or offensive content or disrupting the normal flow of dialogue within our Site.
  • Using the Site or Services for any fraudulent or unlawful purpose.
  • Attempting to gain unauthorized access to our systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site or Services.
  • Uploading or transmitting any material that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs.

4. Intellectual Property Rights

All content, trademarks, service marks, trade names, logos, and intellectual property rights on the Site and related to the Services (unless otherwise stated, or related to client-provided materials or third-party tools) are the property of damiano.ai or its licensors. You agree not to copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content from the Site or developed as part of the general Services in any way except for your own personal, non-commercial use, or as expressly agreed in a separate service agreement.

For custom solutions developed for a client, intellectual property rights will be governed by the specific service agreement between damiano.ai and the client.

5. Third-Party Websites and Services

The Site may contain links to third-party websites or services (e.g., Calendly, social media platforms, payment processors if applicable) that are not owned or controlled by damiano.ai. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that damiano.ai shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

6. Disclaimers

THE SITE AND THE SERVICES ARE PROVIDED ON AN „AS IS” AND „AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR ANY KIND OF WARRANTY MADE (WHETHER EXPRESS OR IMPLIED BY LAW) TO THE EXTENT PERMITTED BY LAW, INCLUDING THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, AND ACCURACY.

WHILE WE STRIVE TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION AND HIGH-QUALITY SERVICES, WE DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS.

THE IMPLEMENTATION OF AI AND AUTOMATION SOLUTIONS CARRIES INHERENT COMPLEXITIES. WHILE WE AIM FOR OPTIMAL PERFORMANCE, WE DO NOT GUARANTEE SPECIFIC BUSINESS OUTCOMES OR RESULTS FROM THE USE OF OUR SERVICES UNLESS EXPLICITLY STATED IN A SEPARATE SERVICE AGREEMENT.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAMIANO.AI, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE OR IN RELATION TO THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SITE OR SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES OR SITE SHALL BE LIMITED TO THE AMOUNT YOU PAID US, IF ANY, FOR ACCESSING OR USING THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED EUROS (€100), WHICHEVER IS GREATER.

8. Indemnification

You agree to defend, indemnify, and hold harmless damiano.ai and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Site or Services, or b) a breach of these Terms.

9. Termination

We may terminate or suspend your access to our Site and Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Site and Services will immediately cease. If you wish to terminate your account or specific service agreement, please refer to the terms of that agreement or contact us. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of Poland, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site and Services (unless a separate client service agreement is in place, which would take precedence for the services it covers) and supersede and replace any prior agreements we might have had between us regarding the Site and Services.

11. Changes to Terms of Service

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect by posting the updated Terms on the Site. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site or Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site or Services.

12. Contact Us

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

Via email: [kontakt@damiano.ai]
Via our website contact form: https://damiano.ai/ (referencing the „Napisz do nas” section)