Terms of Use - Dairakar

1. Introduction and Acceptance

Welcome to Dairakar (the "Service"), operated by Dairakar Inc. ("Company," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of the Dairakar platform, including any websites, applications, APIs, and related services provided by the Company.

By accessing or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and the organization.

If you do not agree to these Terms, you must not access or use the Service.

2. Definitions

"Account": your registered Dairakar account, including all associated Workspaces.
"Authorized User": any individual granted access to the Service under your Account, including team members and workspace members.
"Client Portal": the external-facing interface accessible via magic links (unique, token-based URLs) that allows your clients to review, approve, or provide feedback on scope documents.
"Content": all data, text, files, documents, communications, scope items, baselines, and other materials uploaded to, generated by, or stored within the Service.
"AI Features": the artificial intelligence and machine learning capabilities of the Service, including but not limited to requirement extraction, assumption detection, risk analysis, missing information detection, scope change comparison, and clarification detection.
"Workspace": a collaborative environment within the Service where projects, members, and settings are organized.
"Subscription Plan": the tier of service you select (Starter, Growth, Scale, or Enterprise), as described on our pricing page.

3. Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use the Service. The Service is intended for professional, business, and commercial use by freelancers, agencies, and organizations.

You may not use the Service if you are a person barred from receiving services under the laws of the applicable jurisdiction or if your account has been previously suspended or terminated.

4. Account Registration and Security

4.1 Registration

To use the Service, you must create an Account by providing accurate, current, and complete information. You may register directly or through supported third-party authentication providers (e.g., Google OAuth). You agree to keep your registration information up to date.

4.2 Account Security

You are responsible for maintaining the confidentiality of your Account credentials, including your password and any two-factor authentication (2FA) recovery codes. You agree to:

Use a strong, unique password for your Account;
Enable two-factor authentication when available;
Not share your login credentials with any unauthorized party;
Immediately notify us of any unauthorized access or security breach.

You are fully responsible for all activities that occur under your Account, whether or not authorized by you.

4.3 Workspace Administration

Workspace owners are responsible for managing member access, roles, and permissions within their Workspace. You acknowledge that actions taken by Authorized Users within your Workspace are your responsibility.

5. Subscription Plans, Billing, and Payment

5.1 Plans and Pricing

The Service is offered under multiple Subscription Plans: Starter, Growth, Scale, and Enterprise. Features, limits (including active projects, team members, AI analysis quotas, and Version Comparison), and pricing for each plan are described on our pricing page and may be updated from time to time.

5.2 Free Trial

Paid plans include a 14-days free trial. No credit card is required to start a trial. At the end of the trial period, you must subscribe to a paid plan to continue accessing paid features, or your account will be restricted.

5.3 Payment Processing

All payments are processed through our third-party payment processor, Paddle. By subscribing to a paid plan, you agree to Paddle's terms of service and privacy policy. We do not store your full payment card details on our servers.

5.4 Billing Cycle and Renewals

Subscriptions are billed on a recurring monthly basis. Your subscription will automatically renew at the end of each billing cycle unless you cancel prior to the renewal date.

5.5 Cancellation and Refunds

You may cancel your subscription at any time. Upon cancellation, your access to paid features will continue until the end of the current billing period. Refund eligibility varies by plan type and usage. Monthly plans are generally non-refundable after the billing cycle begins, and AI processing usage is non-refundable once consumed. Goodwill exceptions may apply for billing errors or duplicate charges. Full details are available in our Refund & Billing Policy.

5.6 Plan Changes

You may upgrade or downgrade your Subscription Plan at any time. Upgrades take effect immediately, with prorated charges applied to your current billing cycle. Downgrades take effect at the beginning of the next billing cycle.

6. Lifetime Deals

Lifetime Deals are one-time purchase alternatives to our recurring subscription plans. By purchasing a Lifetime Plan, you agree to the following additional terms:

6.1 One-Time Payment

Lifetime Deals require a single, upfront payment. No recurring subscription fees will be charged. The one-time payment grants you access to the Service at the tier specified by the plan for the lifetime of the Service, subject to these terms and conditions.

6.2 Feature Set

Each Lifetime Plan corresponds to a specific feature tier as described on our pricing page, including workspace member limits, project limits, monthly credit allowances, audit log retention, and supported document formats. Higher-tier Lifetime Deals may include additional capabilities such as advanced insights and Version Comparison.

Feature sets may be updated over time. While we will make reasonable efforts to maintain the general tier of service you purchased, specific features, limits, and capabilities may evolve as the Service develops. Significant reductions to core functionality will be communicated in advance. You acknowledge that a Lifetime Plan does not entitle you to feature sets associated with higher tiers.

6.3 No Refunds

Lifetime Plan purchases are final and non-refundable. Because these are one-time purchases, standard cancellation and refund policies for recurring subscriptions do not apply. Exceptions may be made in the case of documented billing errors. No refund will be issued if the Service is discontinued, acquired, or undergoes a change of control.

6.4 Non-Transferable

Lifetime Deals are non-transferable. You may not sell, assign, sublicense, or transfer your Lifetime Plan to another individual, organization, or workspace without our express written consent. Any attempt to do so will result in immediate termination of the Lifetime Plan without compensation.

6.5 Termination and Suspension

Your Lifetime Plan may be suspended or terminated if you violate these Terms, including but not limited to the acceptable use restrictions in Section 7. Upon termination for breach, no refund or compensation will be provided. You may voluntarily cancel your Account at any time, but no refund will be issued for the Lifetime Plan.

6.6 Service Continuity

A Lifetime Plan grants you access to the Service for as long as we continue to offer and operate the Service in its current form or a substantially similar form. In the event of a permanent discontinuation of the Service, acquisition, or change of control, no refund or compensation will be provided.

6.7 Upgrades and Downgrades

You may upgrade from a Lifetime Plan to a recurring subscription plan at any time. Once you switch to a recurring plan, the Lifetime Plan is considered fulfilled and cannot be reinstated. Downgrading from a recurring plan to a Lifetime Plan is not available after purchase.

6.8 Governing Law

These Lifetime-specific terms are governed by the same laws and dispute resolution provisions set forth in Section 19 of these Terms.

7. Permitted Use and Restrictions

7.1 License Grant

Subject to these Terms and your compliance with them, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes in accordance with your Subscription Plan.

7.2 Acceptable Use

You agree not to:

Use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation;
Upload, transmit, or store any Content that infringes upon the intellectual property rights of any third party;
Attempt to access, tamper with, or use non-public areas of the Service, our systems, or the technical delivery systems of our providers;
Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service;
Circumvent, disable, or interfere with any security, rate-limiting, or access-control features of the Service;
Use automated bots, scripts, or tools to scrape, crawl, or harvest data from the Service without express written consent;
Resell, redistribute, or sublicense access to the Service unless explicitly authorized under an Enterprise agreement;
Use the Service to send unsolicited communications (spam) or harassing content to clients via the Client Portal;
Deliberately submit inaccurate, misleading, or malicious content to the AI Features to manipulate outputs;
Exceed the usage limits of your Subscription Plan through technical exploitation.

7.3 Client Portal Usage

When you generate client access links (magic links) for the Client Portal, you are responsible for sharing them only with intended recipients. You acknowledge that anyone with access to a valid, unexpired token can access the corresponding client-facing content.

7.4 API Usage

If the Service provides API access, your use of the API is subject to these Terms, any additional API-specific terms, and applicable rate limits. We reserve the right to throttle or suspend API access that adversely impacts the Service for other users.

8. AI Features and Machine Learning

8.1 Nature of AI Outputs

The Service uses artificial intelligence to analyze communications and generate structured outputs including, but not limited to, extracted requirements, detected assumptions and risks, scope change comparisons, and clarification suggestions. These outputs are assistive in nature and are intended to support, not replace, your professional judgment.

8.2 No Professional Advice

AI-generated outputs do not constitute legal, financial, or professional advice. You are solely responsible for reviewing, validating, and acting upon any AI-generated content before presenting it to clients or relying on it for contractual or business decisions.

8.3 Accuracy and Limitations

While we strive to deliver accurate and useful AI outputs, we do not guarantee the completeness, correctness, or fitness for purpose of any AI-generated content. AI models may produce inaccurate, incomplete, or biased results. You agree to verify all AI outputs before use.

8.4 Third-Party AI Providers

The AI Features may utilize third-party AI providers (such as OpenAI, Anthropic, Deepseek and Google). Your Content processed through these providers is subject to our data processing agreements with them. We do not permit third-party AI providers to use your Content for training their models. See our Privacy Policy for details on data handling.

8.5 AI Usage Quotas

Each Subscription Plan includes a specific monthly AI analysis quota. Usage beyond your plan's quota may result in temporary suspension of AI Features until the next billing cycle, or you may upgrade to a higher-tier plan.

9. Content Ownership and Intellectual Property

9.1 Your Content

You retain all ownership rights to the Content you upload, create, or generate using the Service. By using the Service, you grant us a limited, worldwide, royalty-free, non-exclusive license to store, process, transmit, and display your Content solely for the purpose of providing and improving the Service.

9.2 AI-Generated Content

Content generated by the AI Features based on your inputs (e.g., extracted requirements, detected risks, baseline documents) is considered part of your Content. You own and are responsible for such outputs.

9.3 Our Intellectual Property

The Service, including its design, architecture, algorithms, AI models, branding, documentation, and all underlying technology, is and remains the exclusive property of Dairakar Inc. These Terms do not grant you any right, title, or interest in our intellectual property beyond the limited license described herein.

9.4 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Service, you grant us an irrevocable, perpetual, royalty-free license to use, modify, and incorporate such feedback into the Service without any obligation to you.

10. Client Approvals and Scope Baselines

10.1 Digital Approval Process

The Service facilitates the creation and delivery of scope baselines to clients for review and approval via the Client Portal. Client approvals, responses, and change requests are recorded within the Service along with timestamps and auditable metadata.

10.2 Legal Validity

Dairakar is a scope documentation and management tool. While the Service records client approvals and maintains baseline history, we make no representations regarding the legal enforceability of scope documents, approvals, or baselines generated through the Service. You are responsible for ensuring that your use of the Service and any resulting documents comply with applicable contractual and legal requirements in your jurisdiction.

10.3 Audit Trail

The Service maintains an audit trail of actions within your Workspace, including scope changes, approvals, and user activities. Audit log retention periods vary by Subscription Plan (7 days for Starter, 90 days for Growth, 180 days for Scale, and custom retention for Enterprise).

11. Third-Party Integrations

The Service may integrate with third-party platforms such as email providers (Gmail), messaging platforms (Slack), and other communication sources via OAuth or API connections. When you connect a third-party integration:

You authorize us to access and process data from those platforms in accordance with our Privacy Policy;
You are responsible for ensuring that you have the necessary permissions and authority to connect such integrations;
We are not responsible for the availability, accuracy, or security of third-party services;
You may disconnect integrations at any time through your Workspace settings.

12. Data Portability and Export

You may export your Content in supported formats (PDF, JSON) at any time during your subscription. Upon account termination, we will provide a reasonable window (30 days) to export your data before permanent deletion, unless otherwise required by law.

13. Confidentiality

We treat all Content uploaded to the Service as confidential. We will not access, use, or disclose your Content except as necessary to:

Provide and maintain the Service;
Comply with applicable law, regulation, or valid legal process;
Enforce these Terms;
Address security incidents or prevent fraud.

For Enterprise customers, we are prepared to enter into mutual Non-Disclosure Agreements (NDAs) and custom Data Processing Agreements (DPAs) upon request.

14. Service Availability and SLA

14.1 Uptime

We aim to provide continuous access to the Service, but we do not guarantee uninterrupted or error-free operation. The Service may be subject to scheduled maintenance, updates, and occasional downtime.

14.2 Enterprise SLA

Enterprise plan customers may negotiate custom Service Level Agreements (SLAs) with defined uptime commitments, support response times, and remedies. SLA terms are documented in a separate agreement.

14.3 Force Majeure

We are not liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, internet outages, or failures of third-party service providers.

15. Termination

15.1 By You

You may close your Account at any time by contacting us or using the account settings. Upon termination, your right to access the Service will cease, and we will delete your Content in accordance with our data retention policies.

15.2 By Us

We reserve the right to suspend or terminate your Account if:

You breach these Terms;
Your use of the Service poses a security risk or adversely impacts other users;
Your Account is used for fraudulent activities;
Required by law or regulation.

We will provide reasonable notice before termination except in cases of imminent security threats or legal requirements.

15.3 Effect of Termination

Upon termination, all licenses and rights granted to you under these Terms will immediately cease. Sections that by their nature should survive termination (including ownership, confidentiality, limitation of liability, and dispute resolution) will survive.

16. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

The Service will meet your specific requirements;
The Service will be uninterrupted, timely, secure, or error-free;
AI-generated outputs will be accurate, complete, or suitable for any particular purpose;
Any defects in the Service will be corrected;
The Service is free of viruses or other harmful components.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAIRAKAR INC., 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:

Your access to, use of, or inability to access or use the Service;
Any conduct or content of any third party on the Service;
Unauthorized access, use, or alteration of your Content;
Reliance on AI-generated outputs;
Actions or inactions of your clients via the Client Portal;
Failures or errors of third-party integrations or payment processors.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

18. Indemnification

You agree to indemnify, defend, and hold harmless Dairakar Inc. and its officers, directors, employees, and agents from and against all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

Your use of the Service;
Your violation of these Terms;
Your violation of any third-party rights, including intellectual property rights;
Content you upload or generate through the Service;
Your interactions with clients via the Client Portal.

19. Governing Law and Dispute Resolution

19.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

19.2 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware, and shall be conducted in English.

19.3 Class Action Waiver

YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED ON AN INDIVIDUAL BASIS, AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in class actions or class-wide arbitration.

19.4 Exception for Enterprise Customers

Enterprise customers with a separate Master Service Agreement (MSA) may have different dispute resolution provisions as specified in their MSA, which will take precedence over this section.

20. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and, where practicable, by sending you an email notification or in-app notification at least 30 days before the changes take effect.

Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the updated Terms. If you disagree with any changes, you must discontinue use of the Service and close your Account.

21. General Provisions

21.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable Subscription Plan terms, constitute the entire agreement between you and Dairakar Inc. regarding the Service and supersede all prior agreements and understandings.

21.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

21.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

21.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

21.5 Notices

All notices under these Terms must be in writing and will be deemed given when delivered by email to the address associated with your Account or, for notices to us, sent to [email protected].

22. Contact Information

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

Email: [email protected]
Support: [email protected]
Website: dairakar.com