Terms of Use

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1. About These Terms

Welcome to dazzl.cc and the webpages operated under that domain, collectively referred to as the “Website.”

These Terms of Use, referred to as the “Terms,” constitute a legally binding agreement between you and DAZZL, INC., a Delaware corporation with a business address at 7345 W Sand Lake Road, Suite 210, Orlando, Florida 32819, United States, referred to as “Dazzl,” “we,” “us,” or “our.”

By accessing or using the Website, you agree to these Terms. If you do not agree to these Terms, you must not access or use the Website.

If you access or use the Website on behalf of a company or other organisation, you represent that you have authority to bind that organisation to these Terms. In that case, “you” includes both you and that organisation.

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2. Scope of These Terms

These Terms govern access to and use of the public Website only.

They do not govern Dazzl’s customer platform, applications, customer accounts, subscriptions, trials, credits, APIs, image-generation services, professional services, customer uploads, brand assets, generated outputs or other paid or contracted products and services.

Those products and services are governed by the applicable customer agreements, which may include a Master Services Agreement, SaaS Terms of Service, Order Form, Statement of Work, Data Processing Agreement, Acceptable Use Policy, Service Level Agreement or other agreement entered into with Dazzl.

If there is a conflict between these Terms and a customer agreement concerning Dazzl’s products or services, the customer agreement will control.

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3. Eligibility

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You may use the Website only if:

1. you are at least 18 years old and have the legal capacity to enter into these Terms;
2. your use of the Website is permitted under the laws applicable to you; and
3. you are not prohibited from using the Website under applicable law.

The Website is not directed to children.

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4. Changes to These Terms

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We may update these Terms from time to time.

When we make changes, we will publish the revised Terms on the Website and update the “Last updated” date.

Material changes will apply prospectively from the date on which the revised Terms become effective. Where required by applicable law, we will provide additional notice.

Your continued use of the Website after revised Terms become effective constitutes acceptance of those revised Terms.

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5. Permitted Use

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Subject to these Terms, Dazzl grants you a limited, revocable, non-exclusive and non-transferable right to access and use the Website for lawful personal or internal business purposes.

You may view and download materials that Dazzl expressly makes available for download, provided that you retain all copyright, trademark and other proprietary notices contained in those materials.

No other rights are granted to you, whether expressly, by implication, by estoppel or otherwise.

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6. Prohibited Conduct

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You must not:

1. use the Website for any unlawful, fraudulent, misleading or harmful purpose;
2. violate the intellectual-property, privacy, publicity or other rights of Dazzl or any third party;
3. upload or transmit malicious code, viruses or other harmful material;
4. interfere with or disrupt the Website or its supporting systems and infrastructure;
5. attempt to gain unauthorised access to the Website, its systems, networks or data;
6. circumvent any security, access-control, rate-limiting or technical measures;
7. impersonate another person or misrepresent your identity or affiliation;
8. collect personal information about other Website users without a lawful basis;
9. use robots, spiders, scrapers, crawlers or other automated means to access, copy or extract Website Content, except for standard search-engine indexing that complies with our technical instructions;
10. use Website Content or data obtained from the Website to train, develop or improve an artificial-intelligence or machine-learning system without our prior written permission;
11. reproduce, distribute, modify, sell, license or commercially exploit Website Content except as expressly authorised by Dazzl; or
12. assist or permit another person to do any of the above.

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7. Website Content and Intellectual Property

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The Website and its contents, including text, graphics, photographs, images, videos, audio, interfaces, layouts, designs, software, source code, databases, logos and trademarks, are collectively referred to as the “Website Content.”

The Website Content is owned by Dazzl or licensed to Dazzl and is protected by copyright, trademark and other intellectual-property laws.

Except for the limited permission provided under Section 5, these Terms do not transfer to you any ownership or other rights in:

• the Website;
• the Website Content;
• Dazzl’s technology;
• Dazzl’s software;
• Dazzl’s trademarks; or
• any other intellectual property belonging to Dazzl or its licensors.

“Dazzl,” the Dazzl logo and related product and service names are trademarks or trade names of Dazzl or its licensors. You may not use them without prior written permission.

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8. Communications and Materials Submitted Through the Website

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The Website may allow you to submit contact details, enquiries, messages, requests or similar information through contact forms or other communication features, collectively referred to as “Submissions.”

You retain ownership of any intellectual-property rights you have in your Submissions. Providing a Submission through the Website does not transfer ownership of it to Dazzl.

You grant Dazzl a limited, non-exclusive, worldwide and royalty-free right to host, copy, transmit and process your Submission only as reasonably necessary to:

1. receive and respond to your enquiry;
2. arrange a demonstration or other requested communication;
3. provide information requested by you;
4. maintain the security and operation of the Website;
5. keep appropriate business records; and
6. comply with applicable law.

You represent that you are entitled to provide the Submission and that our permitted handling of it will not infringe the rights of another person.

Unless Dazzl has entered into a separate confidentiality or non-disclosure agreement with you, you should not submit trade secrets or other highly sensitive confidential information through general Website forms.

Customer uploads, product imagery, brand assets, generated outputs and materials processed through Dazzl’s customer platform are not governed by this Section. They are governed by the applicable customer agreement.

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9. Feedback

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You may voluntarily provide comments, suggestions or general feedback concerning the Website or Dazzl’s products and services, referred to as “Feedback.”

You retain any rights you may have in your Feedback.

You grant Dazzl a perpetual, irrevocable, non-exclusive, worldwide, transferable, sublicensable and royalty-free licence to use and incorporate the Feedback into its Website, products, services and business without compensation or other obligation to you.

Customer uploads, product imagery, brand assets, personal data and confidential information are not considered Feedback merely because they are provided to Dazzl.

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10. Privacy and Cookies

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Our processing of personal information is described in our Privacy Policy, available at:

www.dazzl.cc/legal/privacy-policy

Our use of cookies and similar technologies is described in our Cookie Policy.

Where required by applicable law, analytics and other non-essential cookies will be used only after you have provided the appropriate consent.

You may withdraw or change your cookie preferences through the cookie-settings control made available on the Website.

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11. Third-Party Websites and Services

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The Website may contain links to websites, platforms or services operated by third parties.

Dazzl does not control and is not responsible for third-party content, products, services, availability, security or privacy practices.

The inclusion of a link does not mean that Dazzl endorses, controls or is affiliated with the relevant third party.

Your use of third-party websites and services is governed by the applicable third party’s own terms and policies.

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12. Website Availability and Changes

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We may modify, update, suspend, restrict or discontinue all or part of the Website at any time.

We do not guarantee that the Website or any particular Website Content will always be:

• available;
• uninterrupted;
• secure;
• complete;
• accurate; or
• free from errors.

We may restrict or terminate your access to the Website if we reasonably believe that you have violated these Terms, created a legal or security risk, or otherwise misused the Website.

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13. Disclaimers

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The Website and Website Content are provided for general informational purposes.

To the maximum extent permitted by applicable law, the Website and Website Content are provided “as is” and “as available,” without warranties of any kind, whether express, implied or statutory.

Dazzl disclaims, to the maximum extent permitted by law, all implied warranties, including warranties of:

• merchantability;
• fitness for a particular purpose;
• title;
• non-infringement;
• accuracy;
• availability; and
• satisfactory quality.

Dazzl does not warrant that:

1. the Website will meet your particular requirements;
2. access will be uninterrupted, timely, secure or error-free;
3. Website Content will be complete, accurate or current; or
4. defects will be corrected.

Nothing on the Website constitutes legal, financial, accounting or other professional advice.

Some jurisdictions do not permit the exclusion of certain warranties. In those jurisdictions, the exclusions above apply only to the extent permitted by applicable law.

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14. Limitation of Liability

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To the maximum extent permitted by applicable law, Dazzl and its officers, directors, employees, contractors, affiliates and licensors will not be liable for any indirect, incidental, special, exemplary, punitive or consequential damages arising out of or relating to:

• the Website;
• the Website Content;
• your use of or inability to use the Website; or
• these Terms.

This includes loss of profits, revenue, business opportunities, goodwill, anticipated savings or data, and business interruption, regardless of the legal basis of the claim and even if Dazzl has been advised that such damages are possible.

To the maximum extent permitted by applicable law, Dazzl’s total aggregate liability arising out of or relating to the Website or these Terms will not exceed the greater of:

1. the amount you paid specifically for access to the Website during the 12 months preceding the event giving rise to the claim; or
2. USD 100.

Nothing in these Terms excludes or limits liability for:

• fraud or fraudulent misrepresentation;
• wilful misconduct;
• gross negligence;
• death or personal injury caused by negligence; or
• any other liability that cannot lawfully be excluded or limited.

Some jurisdictions do not permit certain limitations of liability. In those jurisdictions, these limitations apply only to the extent permitted by applicable law.

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15. Governing Law and Jurisdiction

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These Terms and any dispute arising out of or relating to them or the Website are governed by the laws of the State of Florida, without regard to its conflict-of-law rules.

To the extent permitted by applicable law, you and Dazzl agree that any legal proceeding relating to these Terms or the Website will be brought exclusively in:

1. the state courts located in Orange County, Florida; or
2. the federal courts having jurisdiction over Orange County, Florida.

You and Dazzl consent to the personal jurisdiction of those courts.

Nothing in this Section deprives a consumer of any non-waivable protection or right to bring proceedings in another court granted by the mandatory laws of the consumer’s country or place of residence.

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16. Miscellaneous

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These Terms constitute the entire agreement between you and Dazzl concerning your use of the public Website, except for any separate agreement expressly applicable to particular services or materials.

If any provision is found to be invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable. If it cannot be modified, it will be removed, and the remaining provisions will remain in effect.

Dazzl’s failure to enforce any provision is not a waiver of that provision or of its right to enforce it later.

You may not assign or transfer your rights or obligations under these Terms without Dazzl’s prior written consent.

Dazzl may assign these Terms in connection with a merger, acquisition, financing, corporate reorganisation or sale of all or substantially all of its relevant business or assets.

Nothing in these Terms creates a partnership, joint venture, employment, fiduciary or agency relationship between you and Dazzl.

Headings are included for convenience and do not affect interpretation.

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17. Contact

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Questions concerning these Terms may be sent to:

DAZZL, INC.
7345 W Sand Lake Road, Suite 210
Orlando, Florida 32819
United States

Email: info@dazzl.cc

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