These terms of service (the “Terms of Service”) set forth the terms and conditions relating to the use of the Draftme documents automation platform (“Platform”) which maybe made available to public through websites www.draftme.ai, app.draftme.ai and other websites, applications or instruments and any features, content, functionality, products, services, media or solutions offered on or through the Platform. “You” or “your” or any variant thereof refers to you, if you are an individual entering into these Terms of Service on your own behalf, or the entity or other organization that you represent in agreeing to these Terms of Service. “Draftme”, “We”,“our”, “us”, “Service” refers to DRAFTME L.L.C-FZ, incorporated and registered in UAE under the formation number 2202477 (license number 2202477.01), or its affiliates from time to time, depending on the jurisdiction of your location.
The “Effective Date” of the Agreement is the date which is the earlier of (i) your initial access to the Service through any online provisioning or order process or (b) the effective date of the first Order. We may modify these Terms of Service from time to time as permitted by these Terms of Service.
Depending on the selected pricing plan, the following functionality and/or modules of the Platform may be available to the Customer (the “Services”):
The Customer may access the Platform using a web browser at any time.
Draftme has the right to:
Each Subscription Term will renew upon expiry in accordance with the chosen pricing plan, unless: (1) the Order provides otherwise or (2) the Customer notifies Draftme before the expiry of the initial Subscription Term that the Customer does not want to renew.
The Platform is intended for access and use by users aged 18 or older.
You may be allowed to save any content once you create an account on the Platform. You acknowledge that all the accounts created under chosen pricing plan may be used by the respective users for whom they are created only (one account per user). No use of one account by multiple persons is permitted. You agree to accept responsibility for all activities that occur under accounts created.
The fees will be determined based on the chosen pricing plan in accordance with the Order, and the Сustomer agrees that Draftme can charge their debit/credit card or other payment method for renewals and any unpaid fees. The Customers can update their payment information through the service's user interface. Unless specified otherwise, all fees and expenses must be paid immediately upon subscribing. The renewal fees will be charged at the current rates unless there are special discounts. All fees are non- refundable. The Customer is responsible for any applicable taxes or levies on their Orders, whether domestic or foreign (“Taxes”).
You shall remain the sole owner of any data uploaded or published or submitted by you on the Platform (“User Content”) and Draftme does not claim any ownership over such User Content.
Customer hereby grants Draftme a non-exclusive, perpetual, royalty-free, worldwide licence to use, copy, store, transmit and display User Content and to modify and create derivative works of User Content, but only as necessary to provide the Services and technical support to Customer/ User under this Agreement.
You acknowledge that Draftme is not responsible for your User Content and you release Draftme from any liability related to it. You agree that your User Content does not infringe on any intellectual property rights and that you have the necessary licenses to use any materials included in it
Subject to your compliance with these Terms of Service, Draftme and its licensors grant you a non-exclusive, worldwide license, with the right to sublicense, use, copy, modify, sell, create derivative works based upon, distribute, publicly display, and publicly perform Generated Content for your lawful purposes. With respect to any Generated Content, you agree to use the Services in a manner that is consistent with all applicable policies of Open AI applicable from time to time (which as of the date of these Terms of Service may be found here: https://openai.com/policies), which are incorporated herein by reference, as determined by Open AI at it sole discretion. The Customer agrees to review, edit and revise the Generated Content to their own liking before publishing/displaying/using it and shall be solely responsible for any claims arising out of and in relation to the Generated Content.
Draftme and its Affiliates have all necessary rights to the Platform and may make it available to public. Our Content specifically excludes any content uploaded by the Users, including without limitation, User Content or Generated Content on the Platform. Our Content, including trademarks, will not be used, modified, or altered by you in any way. You acknowledge and agree that you do not acquire any ownership or rights to Our Content or the Platform by use of the Platform. You acknowledge and agree Our Content is protected by the copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and any unauthorize use, reproduction, modification, distribution, transmission, republication, display or performance of Our Content and any component thereof is strictly prohibited.
If you choose to submit suggestions, ideas, comments, or questions containing product feedback about the Platform or any of the Services, either through the Platform or otherwise ("Feedback"), then you grant Draftme and its Affiliates a worldwide, nonexclusive, royalty-free, perpetual, and irrevocable right to use (and full right to sublicense), reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, and display such Feedback in any form. You shall have no intellectual property right in the Platform as a result of Draftme’s incorporation of your Feedback in the Platform.
Your access to the Platform may be temporarily suspended or restricted without prior notice for reasons such as repairs, maintenance, or the addition of new features or services. We will try our best to minimize the frequency and duration of these suspensions or restrictions. Please note that Draftme is not responsible for any losses you may experience if the Platform is unavailable for use, either in its entirety or partially, at any given time.
You agree to only use the Platform and Services for their intended purpose and to comply with all applicable laws and regulations.
You also agree not to engage in any activities listed in this section or assist others in doing so. Specifically, you agree not to:
The Platform, content, and materials are provided "as-is" and use of the Platform is at your own risk. Draftme, its Affiliates officers, directors, employees, and agents do not provide any warranties or guarantees regarding the accuracy, security, reliability, quality, availability, or completeness of the Platform or any User Content/Generated Content. Draftme is not liable for any errors, mistakes, inaccuracies, personal injury, property damage, unauthorized access, interruption of transmission, bugs, viruses, or any loss or damage resulting from the use of User Content/Generated Content or other content available on the Platform.
These Terms of Service are effective as of July 01, 2023 and may change from time to time without the prior notice to Customers or Users of the Platform. You can always find the current version of these Terms of Service, including all changes and additions, on the Platform. By continuing to use the Platform, you agree to the terms and conditions of these Terms of Service with all changes and amendments (if any).
Draftme’s entire liability for any and all claims arising out of or related to this Agreement will not exceed in aggregate the amounts paid by the Customer to Draftme during the last Subscription Period.
The Customer agrees to fully indemnify, defend and hold harmless Draftme and its Affiliates, the respective directors, officers, agents and employees of Draftme and its Affiliates and each other person, if any, directly or indirectly controlling Draftme or its Affiliates from and against any and all claims, losses, costs, damages, actions, demands and liabilities (or actions in respect thereof), which are suffered or incurred by any of the above-mentioned persons, directly or indirectly, related to or arising out of or in connection with the Services or Platform or the Customer’s or User’s use thereof, the services performed by any the above-mentioned persons in connection therewith or breach by the Customer of its obligations, representations or warranties stated herein.
The Customer shall not indemnify any the above-mentioned persons in respect of any liability to the extent that such liability is found in a final judgment by a court of competent jurisdiction, not subject to further appeal, to have resulted primarily from Draftme’s wilful misconduct in the performance of its duties under this agreement or fraud.
The indemnity and reimbursement obligations of the Customer shall be in addition to any other rights that the indemnified persons may have at applicable law or otherwise (including, but not limited to any right to contribution).
In any case Draftme’s liability shall be limited to direct damages incurred by the Customer excluding any loss of profit or any other consequential or indirect loss. Draftme is not responsible for the operation of third-party services, including Open AI, including for any violations, malfunctions and deficiencies caused by the actions or omissions of third parties.
The Customer may raise any claim within 1 month of the date on which it new or should have known of the occurrence of the circumstances giving rise to a claim.
The parties agreed that each representation and warranty is true, accurate and not misleading at the date of this Agreement and each day of the Subscription Term.
The Customer represents and warrants to Draftme that the following statements are true and correct:
Draftme has the right to assign this Agreement to its Affiliates without prior written consent of the Customer. The Customer has the right to assign this Agreement with the prior written consent of the Draftme. Any non-permitted assignment is void. This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.
Draftme may use subcontractors and permit them to exercise Draftme’s rights, but Draftme remains responsible for their compliance with this Agreement and for its overall performance under this Agreement.
Neither party is liable for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) due to events beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, Internet or utility failures, refusal of government license or natural disaster.
Nothing in these Terms of Service is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
These Terms of Service and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the Meydan - Free Zone regulations, the laws of the Emirate of Dubai and the federal laws of the United Arab Emirates.
Each party irrevocably agrees that the courts of Dubai shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
If any provision or part-provision of these Terms of Service becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest provisions.
The terms and conditions set forth in these Terms of Service constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.
This Agreement starts on the Effective Date and continues until expiration or termination of all Subscription Terms.
The Customer has the right to terminate the Subscription and terminate this Agreement unilaterally at any time. In this case, the Subscription fee is not refunded.
Draftme can terminate the Agreement unilaterally and terminate the Subscription at any time if the Customer and/or User violates this Terms of Service or in other cases of violation of the law and in this case the Subscription fee is not refunded. Draftme can also terminate the Agreement at any time unilaterally and terminate the Subscription. In this case Draftme refund part of the fee proportionally to the period of actual use of the Subscription.
Upon expiration or termination of this Agreement or an Order, Customer’s access to the Service and Platform will cease, other than limited use of the Service to export User’s Content. If your account is deleted/terminated (regardless of the reason), you will no longer have access to your account on the Platform and any deletion once processed is irrecoverable. Draftme is not responsible for the loss of your information upon deletion and Draftme shall not be liable to any party in any way for the inability to access any content arising from any deletion/termination.
We appreciate you and respect the rights of Users of the Platform. If you have any concerns, requests or complaints regarding these Terms of Service, please contact us using the following contact details:
E-mail address: firstname.lastname@example.org;
Address for sending post: Business center 1, Meydan, Nad al Sheba, Dubai, UAE.
“Affiliate” any entity that directly or indirectly controls, is controlled by, or is under common control with another entity.
“Customer” any capable person, including but not limited to individuals and legal entities.
“Customer Content” or “User Content” means any data or materials that Customer (including its Users) creates within or submits to the Service, including from Third-Party
Platforms. It also includes any data uploaded or published or submitted by the Customer or User on the Platform.
“Generated Content” means any content created with the AI to assist Customers and Users to generate content for specific purposes in response to content inputted by the Customer or User.
“Order” means you subscribing for the Platform or confirming subscription in any other form acceptable for Draftme.
“Our Content” means all information and materials (in whatever form or media) provided or communicated to Customer or User by or on behalf of Draftme including but not limited to, the Platform, illustrations, letters, images, ideas, concepts, the layout, design, flow, look and feel of the Platform, logos, marks, graphics, audio files, video files, any software which is owned by or licensed to Draftme and / or its Affiliates, the underlying source and object code, instructions embedded in any form of digital documents and other data, information, or material made available to Customer or User by Draftme.
“Subscription Term” means the term of subscription (monthly, annually etc.) that you select upon subscribing for the Service.
“User” means any employee of the Customer that Customer permits or invites to use the Service or any individual that has an agreed access to the account.