Terms of Service

1. Description of the Service

domainwise.one provides an AI-powered domain name generator to help you find and generate potential domain names and related ideas for your project. We also offer certain premium features that may require payment (the "Paid Services"). Payments for these premium features are handled by Stripe.

We rely on OpenAI to process and generate content based on your inputs, and we use Clerk for user account management.

2. Eligibility

By using the Service, you represent that:

1. You are at least 18 years of age, or you have the legal capacity to form a binding contract in your jurisdiction.
2. Any registration or account information you provide is true, accurate, and complete.
3. You are legally permitted to use the Service in your jurisdiction.

If you use the Service on behalf of a company or other entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" refers to both you and the entity.

3. Account Registration and Security

1. Registration with Clerk: To use certain features of the Service, you must create an account via Clerk. You agree to provide accurate, current, and complete information.
2. Confidentiality: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
3. Unauthorized Access: If you suspect any unauthorized use of your account, please notify us immediately at sascha@mail-roelofs.de. We cannot be liable for any damage or loss arising from unauthorized use of your account.

4. Payment and Subscription (if applicable)

1. Payment Provider: Paid Services (e.g., premium features or subscription plans) may require payment through Stripe. By choosing to use a Paid Service, you agree to pay all applicable fees in accordance with any payment terms presented to you at checkout.
2. Billing Information: You must provide current, complete, and accurate billing information, including credit card details if required. All payment information is directly processed by Stripe and is subject to Stripe's Privacy Policy.
3. Subscription Terms: If your subscription renews automatically, you authorize us (or our third-party payment processors) to charge your chosen payment method for subsequent subscription terms, unless you cancel before renewal in accordance with our cancellation policy.
4. Refunds: Refunds, if any, are at our sole discretion and will be handled on a case-by-case basis, unless otherwise mandated by applicable law.

5. Use of AI-Generated Content

1. OpenAI Integration: Our Service integrates with OpenAI to generate domain suggestions and related content. By using this feature, you understand and agree that your inputs (e.g., keywords or project descriptions) may be processed by OpenAI in accordance with OpenAI's Privacy Policy.
2. Intellectual Property: AI-generated suggestions or content are provided "as is." We do not guarantee that the generated names or ideas are free of any intellectual property infringement. It is your responsibility to perform appropriate due diligence, including trademark or patent searches, before using any generated name or content.
3. Limitations: AI outputs are based on patterns and information OpenAI has been trained on and do not constitute professional advice. The suggestions may contain inaccuracies, and we are not liable for decisions made based on AI-generated content.

6. User Conduct

By using the Service, you agree to:

1. Lawful Use: Use the Service only for lawful purposes and in accordance with these Terms.
2. No Misrepresentation: Not impersonate or misrepresent your affiliation with any person or entity.
3. No Harmful Activities: Not upload or transmit any material containing viruses, trojans, or any other harmful code.
4. No Unauthorized Access: Not attempt to gain unauthorized access to our systems, user accounts, or networks connected to the Service.
5. No Harassment: Not harass, threaten, or defame any individual or entity through the Service.

We reserve the right to terminate or suspend your access to the Service if we determine, in our sole discretion, that you have violated any provision of these Terms.

7. Intellectual Property

1. Ownership: Unless otherwise noted, all content on the Service (excluding user-generated or AI-generated content), such as text, graphics, logos, and software, is owned by or licensed to us and is protected by intellectual property laws.
2. User License: We grant you a limited, non-exclusive, non-transferable license to access and use the Service for personal or internal business purposes. You may not reproduce, distribute, modify, or create derivative works without our express written permission.
3. Trademarks: All trademarks, service marks, and trade names on the Service are the property of their respective owners. You may not use any trademark or service mark without the prior written permission of its owner.

8. Disclaimer of Warranties

1. "As Is" Basis: The Service, including all features and AI-generated content, is provided "as is" and "as available" without any warranties of any kind.
2. No Warranty: We disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
3. No Guarantee of Availability: We do not guarantee the continuous or uninterrupted availability or accessibility of the Service. We may suspend or discontinue any part of the Service at any time without notice.

9. Limitation of Liability

To the fullest extent permitted by law:

1. Indirect Damages: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or related to your use or inability to use the Service.
2. Aggregate Liability: Our total liability for any claim arising out of or relating to these Terms shall not exceed the amount you paid, if any, for access to or use of the Service in the 3 months preceding the event giving rise to the claim.
3. Jurisdictional Caveat: Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

10. Indemnification

You agree to defend, indemnify, and hold harmless domainwise.one, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use of the Service
• Your violation of these Terms
• Any content you submit or generate via the Service (including AI-generated content requested by you)
• Your violation of any third-party rights, including intellectual property rights

11. Modifications and Updates

We may revise these Terms from time to time. The most current version will be posted on our website with the "Last updated" date at the top. By continuing to access or use the Service after any revisions become effective, you agree to be bound by the updated Terms.

12. Termination

We may terminate or suspend your access to the Service at any time, with or without cause, and with or without notice. Upon termination, the provisions of these Terms which by their nature should survive termination shall remain in full force and effect (e.g., Intellectual Property, Limitation of Liability, Indemnification, etc.).

13. Governing Law and Dispute Resolution

These Terms and any disputes arising out of or related to the Service shall be governed by and construed in accordance with the laws of the jurisdiction in which domainwise.one is established, without giving effect to any conflict of law principles. Any legal action or proceeding shall be brought in the competent courts of that jurisdiction, and you consent to the personal jurisdiction of such courts.

14. Miscellaneous

1. Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and domainwise.one regarding your use of the Service.
2. Severability: If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
3. No Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
4. Assignment: You may not assign your rights or delegate your obligations under these Terms without our prior written consent. We may assign our rights or obligations under these Terms at any time without notice.

15. Contact Us

If you have any questions or concerns about these Terms or the Service, please contact us at:

domainwise.one
Email: sascha@mail-roelofs.de