1Acceptance of Terms
These Terms and Conditions (“Terms”) constitute a legally binding agreement between Dariaz Intelligence (“we,” “us,” or “our”) and the individual or business entity registering for or using our Service (“Customer,” “Tenant,” or “you”).
By registering for an account, accessing Dariaz.com, connecting third-party APIs, or using any feature of our platform, you confirm that you have the legal authority to bind yourself or your company to these Terms. If you do not agree, you must immediately terminate your use of the Service.
2Service Description and AI Limitations
Dariaz Intelligence provides an AI-orchestrated multi-tenant business software platform designed for local enterprise workflow acceleration, including marketing copy creation, social media distribution, lead qualification, CRM synchronization, email/SMS automation, and voice call reception.
- Probabilistic Nature of Artificial Intelligence
- You expressly acknowledge that all features powered by Large Language Models (LLMs) and artificial intelligence produce outputs based on statistical probabilities. Outputs may occasionally contain factual errors, misstatements, hallucinations, outdated information, or inappropriate language.
- Mandatory Human Verification
- The Service is a software productivity assistant, not a replacement for human judgment. You retain the sole and absolute duty to review, verify, edit, and approve all AI-generated content, responses, social posts, video scripts, pricing quotes, and communications prior to publication, distribution, or execution.
- No Professional Advice
- Outputs generated by Dariaz Intelligence do not constitute legal, medical, accounting, tax, real estate, or professional regulatory advice. You rely on any AI-generated outputs entirely at your own risk.
3Accounts, Roles, and Security
- Eligibility
- The Service is strictly intended for commercial business use. You must be at least the age of majority in your jurisdiction to establish an account.
- Account Security
- You are exclusively responsible for maintaining the confidentiality of your login credentials and managing authentication tokens. You agree to immediately notify us at privacy@dariaz.com of any suspected breach or unauthorized access.
- User Permission Management
- The platform provides Role-Based Access Control (Owner, Admin, Member, Read-Only). The Account Owner assumes all legal and financial responsibility for actions taken by any sub-user, contractor, or team member provisioned under their workspace.
4Subscriptions, Usage Quotas, and Spend Caps
- Billing Structure
- Access is billed on a recurring monthly or annual subscription basis via Stripe. All fees are stated and charged in United States Dollars (USD) or Canadian Dollars (CAD) as specified at checkout.
- Consumption-Based Metering
- Certain operations (including AI inference tokens, outbound and inbound telephony minutes, SMS segments, email relays, and avatar video renders) incur usage charges against your plan quota or prepaid wallet balance.
- Enforced Spend Caps
- To prevent unexpected charges, the platform provides customizable spend caps. When a spend cap is reached, associated automated services (e.g., outbound calling or mass generation) will automatically pause until renewed or authorized by you.
- No Refunds
- Except where strictly mandated by applicable consumer protection laws, all subscription payments, usage credits, and setup fees are non-refundable.
5Statutory Compliance Warranty (CASL, TCPA, Telephony, and Anti-Spam)
This clause is an essential condition of your right to access the Service.
- Telecommunications and Marketing Laws
- You warrant and covenant that your use of our telephony, SMS, and email delivery workflows will comply fully with all applicable marketing, anti-spam, privacy, and calling regulations, including but not limited to:
- Canada’s Anti-Spam Legislation (CASL);
- The United States Telephone Consumer Protection Act (TCPA);
- The Telemarketing Sales Rule (TSR) and federal/state Do-Not-Call (DNC) registries;
- Applicable provincial, state, and international call-recording disclosure laws.
- Express Opt-In Requirement
- You represent that you will not initiate outbound AI voice calls, automated SMS follow-ups, or commercial email blasts through Dariaz Intelligence without having first obtained and documented express, verifiable consent from the recipient where required by law.
- Mandatory Stop and Unsubscribe Compliance
- You agree never to override, modify, disable, or tamper with the platform’s automated opt-out features (including SMS “STOP” keyword handlers and email unsubscribe headers). Any attempt to bypass platform compliance guardrails constitutes an incurable breach of these Terms resulting in immediate account termination.
- Physical Mailing Address Requirement
- For commercial email campaigns, you agree to input and maintain a valid, verifiable physical postal address or registered PO Box in compliance with CASL and CAN-SPAM requirements.
6Integrations and Third-Party Platforms
- Independent Third-Party APIs
- Dariaz Intelligence relies on APIs provided by third parties (including HubSpot, Google, Meta, LinkedIn, Twilio, SendGrid, and Anthropic). We do not own, control, or guarantee the ongoing availability, latency, or terms of third-party platforms.
- Platform Terms Adherence
- You are bound by the respective Terms of Service and Acceptable Use Policies of any third-party network you connect to your workspace. Dariaz Intelligence is not liable for account suspensions, shadowbans, API revocations, or penalties imposed on you by external platforms due to your usage or messaging frequency.
7Acceptable Use Policy
You agree not to use the Service directly or indirectly to:
- Harvest, scrape, or extract personal data from third parties without authorization.
- Generate or distribute fraudulent, deceptive, harassing, defamatory, sexually explicit, hate-based, or unlawful content.
- Engage in spoofing, phishing, unauthorized caller ID manipulation, or impersonation of law enforcement, government entities, or financial institutions.
- Attempt to reverse engineer, decompile, exploit, breach, or probe the vulnerabilities of Dariaz.com or any multi-tenant database infrastructure.
- Circumvent tenant data isolation or access data belonging to other organizations.
8Intellectual Property and Content Ownership
- Customer IP
- You retain full ownership of your pre-existing data, uploaded documents, Business DNA inputs, and trademark assets (“Customer Data”). You grant Dariaz Intelligence a non-exclusive, worldwide, royalty-free license to host, process, and transmit Customer Data solely to deliver the Service.
- Dariaz IP
- Dariaz Intelligence and its licensors retain all right, title, and interest in and to the platform, source code, workflows, UI components, databases, and system documentation.
- AI Output Rights
- To the maximum extent permitted by applicable law, you own the rights in and to the specific AI text, drafts, and assets generated on your behalf through your account, subject to your compliance with these Terms.
9Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR COLLATERAL.
DARIAZ INTELLIGENCE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OF AI OUTPUTS, UNINTERRUPTED SYSTEM AVAILABILITY, FREEDOM FROM PROGRAMMING ERRORS, OR ABSENCE OF DATA LOSS.
WE MAKE NO GUARANTEE THAT USE OF THE SERVICE WILL RESULT IN INCREASED SALES, LEADS, REVENUE, SEARCH ENGINE RANKINGS, OR REGULATORY IMMUNITY.
10Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
- Exclusion of Consequential Damages
- UNDER NO CIRCUMSTANCES SHALL DARIAZ INTELLIGENCE, ITS OPERATORS, AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF PROSPECTIVE BUSINESS ADVANTAGE, DATA LOSS, CALL DROPS, SYSTEM DOWNTIME, OR FINES/PENALTIES IMPOSED BY REGULATORY BODIES (SUCH AS THE CRTC, FTC, OR FCC), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICE.
- Aggregate Liability Cap
- IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF DARIAZ INTELLIGENCE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO DARIAZ INTELLIGENCE IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11Customer Indemnification
You agree to defend, indemnify, and hold harmless Dariaz Intelligence, its operators, employees, agents, and licensors from and against any and all claims, lawsuits, administrative penalties, regulatory fines, damages, losses, liabilities, costs, and legal fees (including reasonable solicitor-and-client costs) arising out of or related to:
- Your breach or alleged breach of any provision of these Terms;
- Your violation of any applicable federal, provincial, state, or international law, including CASL, the TCPA, telemarketing, do-not-call, or privacy regulations;
- Content, SMS messages, automated voice phone calls, or marketing emails initiated, generated, or transmitted via your workspace;
- Any claim that content published by you infringes or misappropriates the intellectual property, privacy, or publicity rights of a third party;
- Unauthorized access to the platform resulting from your failure to safeguard your credentials.
12Suspension and Termination
- Termination for Cause
- Dariaz Intelligence reserves the absolute right to suspend, restrict, or immediately terminate your access to the Service without prior notice if we reasonably believe you have violated these Terms, engaged in unlawful marketing or telephony practices, failed to pay applicable fees, or exposed our infrastructure to security or regulatory risk.
- Effect of Termination
- Upon termination, your right to use the Service ceases immediately. Data deletion will proceed according to the timeline set out in our Privacy Policy.
13Governing Law and Dispute Resolution
These Terms and any dispute arising from or related to the Service shall be governed by, construed, and enforced in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles.
You irrevocably submit to the exclusive jurisdiction of the courts of the Province of Alberta sitting in the City of Calgary for the resolution of any dispute or claim arising hereunder.
14General Legal Provisions
- Entire Agreement
- These Terms, together with the Privacy Policy, constitute the entire agreement between you and Dariaz Intelligence regarding the subject matter herein.
- Severability
- If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid, and the remaining provisions shall remain in full force and effect.
- Waiver
- No failure or delay by Dariaz Intelligence in exercising any right under these Terms shall constitute a waiver of that right.
- No Agency
- Nothing in these Terms shall be construed as creating a joint venture, partnership, agency, or employment relationship between you and Dariaz Intelligence.
15Contact and Legal Notices
For contractual questions, notices, or formal correspondence under these Terms, contact: