Terms of Use

Welcome to Ardealy. These Terms of Use ("Terms") govern your access to and use of our AI-powered room visualization platform, including our website, AI Visualizer, PMS Backoffice, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

If you are using our Services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and that entity.

2. Description of Services

Ardealy provides AI-powered visualization tools for home furnishing and decor retailers, including:

• AI Room Visualizer: Technology that allows customers to upload room photos and see products placed in their space with realistic rendering.
• Product Management System: Tools to manage and organize your product catalog for visualization.
• E-commerce Integrations: Connections with platforms like Shopify, WooCommerce, Magento, and BigCommerce.
• Analytics Dashboard: Insights into customer engagement and visualization usage.
• Lead Capture: Tools to capture and manage potential customer information.

3. Account Registration

3.1 Account Creation

To access certain features, you must create an account. You agree to provide accurate, current, and complete information during registration and keep your account information updated.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.

3.3 Account Restrictions

You may not share your account credentials with others, create multiple accounts for fraudulent purposes, or use another person's account without permission.

4. Subscription and Payment

4.1 Subscription Plans

Our Services are offered through various subscription plans, including free and paid tiers. Plan features, limitations, and pricing are described on our website and may change with notice.

4.2 Payment Terms

For paid subscriptions:

• Fees are billed in advance on a monthly or annual basis
• All payments are non-refundable unless otherwise stated
• You authorize us to charge your payment method for recurring fees
• Failed payments may result in suspension of your account

4.3 Plan Changes

You may upgrade or downgrade your subscription at any time. Changes take effect at the start of the next billing cycle. Downgrades may result in loss of access to certain features.

4.4 Cancellation

Subscription terms and cancellation policies vary based on your plan and agreement. Upon cancellation or non-renewal, you retain access until the end of your current subscription term. Early termination of fixed-term agreements may be subject to fees as specified in your service agreement. We reserve the right to terminate accounts for non-payment or breach of these Terms.

4.5 AI Credits

Work done by the assistants is metered in AI credits. Each plan includes a monthly credit allowance:

• Every action shows its estimated cost before it runs, and work that fails is not charged
• Unused monthly credits carry over once, up to one month's allowance, and expire after that
• Top-up credit packs do not expire
• Credits that have been consumed are not refundable, and credits have no cash value
• When the allowance is used up the assistants pause and ask. Your visualizer, your scheduled posts, your approved automations and your dashboards keep working
• Credit costs per action are estimates and vary with what you ask for

5. Acceptable Use

5.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. You agree to use the Services to:

• Showcase your legitimate products to customers
• Enable customers to visualize products in their spaces
• Manage your product catalog and customer interactions
• Integrate with your e-commerce operations

5.2 Prohibited Activities

You agree not to:

• Use the Services for any unlawful purpose or to promote illegal activities
• Upload content that infringes on intellectual property rights of others
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or other user accounts
• Interfere with or disrupt the Services or servers
• Scrape, crawl, or use automated means to access the Services without permission
• Reverse engineer, decompile, or attempt to extract source code
• Resell or redistribute the Services without authorization
• Use the Services to send spam or unsolicited communications
• Impersonate any person or entity
• Upload inappropriate, offensive, or harmful content

6. Content and Intellectual Property

6.1 Your Content

You retain ownership of all content you upload to our Services, including product images, room photos, and descriptions ("Your Content"). Your catalog, categories, leads and analytics stay in your workspace. By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, display, and process Your Content solely to provide and improve our Services.

6.2 Content Responsibilities

You represent and warrant that:

• You own or have the necessary rights to upload Your Content
• Your Content does not infringe on any third-party rights
• Your Content complies with all applicable laws and regulations
• Product images accurately represent the products being sold

6.3 Our Intellectual Property

The Services, including all software, AI models, designs, text, graphics, and other content provided by Ardealy, are owned by us and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from our proprietary content without explicit permission.

6.4 Feedback

If you provide feedback, suggestions, or ideas about our Services, you grant us the right to use such feedback without restriction or compensation.

7. AI and Visualization Technology

7.1 AI-Generated Visualizations

Our AI technology generates visualizations by processing room images and rendering products into scenes. While we strive for accuracy, visualizations are approximations and may not perfectly represent how products will appear in real environments.

7.2 Limitations

You acknowledge that:

• Visualizations are for illustrative purposes and may vary from actual appearance
• Colors, textures, and proportions may differ based on lighting and image quality
• We do not guarantee that visualizations will match real-world results
• AI technology may occasionally produce unexpected or imperfect results

8. Third-Party Integrations

Our Services integrate with third-party platforms and services. Your use of these integrations is subject to the terms and policies of those third parties. We are not responsible for the availability, accuracy, or practices of third-party services.

9. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Services will be uninterrupted, secure, or error-free
• Results obtained from the Services will be accurate or reliable
• Any defects will be corrected
• The Services will meet your specific requirements

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARDEALY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Ardealy and its affiliates from any claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Services, your violation of these Terms, or your infringement of any third-party rights.

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us or through your account settings.

12.2 Termination by Us

We may suspend or terminate your access to the Services at any time, with or without cause, including for violation of these Terms. We will endeavor to provide notice when reasonable.

12.3 Effect of Termination

Upon termination, your right to use the Services ceases immediately. We may delete your account and content after a reasonable period. Provisions that should survive termination will remain in effect.

13. Modifications to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website or through other communications. Your continued use of the Services after changes constitutes acceptance of the modified Terms.

14. Governing Law and Disputes

These Terms are governed by the laws of the jurisdiction in which Ardealy is incorporated, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Services shall be resolved through binding arbitration, except where prohibited by law.

15. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Ardealy.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Waiver: Our failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign these Terms without our consent. We may assign our rights freely.
• Force Majeure: We are not liable for delays or failures caused by circumstances beyond our reasonable control.

16. Contact Us

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

• Email: legal@ardealy.com
• General Inquiries: hello@ardealy.com