Terms and Conditions of Service

1. Acceptance of Terms

By accessing and using the DecisionPen - AI-first enterprise architecture knowledge management. ("the Service"), you accept and agree to be bound by the terms and conditions set forth in this agreement. If you do not agree to these terms, you must not use the Service.

2. Description of Service

DecisionPen is AI-first enterprise architecture knowledge management. that enables organizations to:

• Document and manage enterprise architecture entities and relationships
• Process and analyze system descriptions using artificial intelligence
• Generate documentation and reports based on architectural data
• Collaborate on enterprise architecture initiatives within your organization
• Visualize interconnections through an interactive knowledge graph

3. User Accounts and Responsibilities

3.1 Account Creation

To use the Service, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Account Security

You are responsible for:

• Maintaining the security of your account and password
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

3.3 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service in any way that violates applicable laws or regulations
• Transmit any malicious code, viruses, or harmful data
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers connected to the Service
• Use the Service to store or process illegal, harmful, or offensive content
• Reverse engineer, decompile, or disassemble any part of the Service

4. Data and Content

4.1 Your Data

You retain all ownership rights to the data and content you upload or create using the Service ("Your Data"). By using the Service, you grant us a limited, non-exclusive license to:

• Store, process, and transmit Your Data as necessary to provide the Service
• Use Your Data to improve and maintain the Service
• Create backups and ensure data security

4.2 Data Accuracy

You are solely responsible for the accuracy, quality, and legality of Your Data. We do not verify, validate, or guarantee the accuracy of any data entered into the Service.

4.3 AI-Generated Content

The Service may use artificial intelligence to process and generate content based on Your Data. You acknowledge that:

• AI-generated content may contain errors or inaccuracies
• You should review and validate all AI-generated content before use
• We are not responsible for decisions made based on AI-generated content

5. Intellectual Property

5.1 Service Ownership

The Service, including its software, design, functionality, and documentation, is owned by us and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works of the Service.

5.2 Your Intellectual Property

You retain all intellectual property rights in Your Data. Nothing in these Terms transfers any ownership rights in Your Data to us.

6. Disclaimers and Limitations of Liability

6.2 No Guarantees

We do not guarantee that:

• The Service will be uninterrupted, secure, or error-free
• Any defects or errors will be corrected
• The Service will meet your specific requirements
• The results obtained from using the Service will be accurate or reliable

6.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• DAMAGES RESULTING FROM USE OR INABILITY TO USE THE SERVICE
• DAMAGES RESULTING FROM ERRORS, OMISSIONS, OR INACCURACIES IN THE SERVICE OR YOUR DATA
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
• DAMAGES RESULTING FROM DECISIONS MADE BASED ON INFORMATION PROVIDED BY THE SERVICE

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR $100, WHICHEVER IS GREATER.

6.4 Business Decisions

You acknowledge that any business, technical, or strategic decisions made based on information from the Service are made at your own risk. We are not responsible for any losses, damages, or consequences resulting from such decisions.

6.5 Third-Party Services

The Service may integrate with or use third-party services. We are not responsible for the availability, functionality, or content of such third-party services.

7. Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your Data or content you submit through the Service

8. Service Availability and Modifications

8.1 Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be unavailable due to:

• Scheduled maintenance
• Technical issues or failures
• Force majeure events
• Security incidents

8.2 Service Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

9. Termination

9.1 Termination by You

You may terminate your account at any time by contacting us or using account deletion features if available.

9.2 Termination by Us

We may terminate or suspend your account and access to the Service immediately, without prior notice, for:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Non-payment of fees (if applicable)
• Extended periods of inactivity

9.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. We may delete Your Data in accordance with our data retention policies. We are not obligated to retain or provide you with Your Data after termination.

10. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

11.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization], except where prohibited by law.

12. General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.

12.2 Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service or by email. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

12.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

12.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

12.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

13. Contact Information

If you have any questions about these Terms, please contact us at:

• Email: Contact us via our contact form
• Address: 22 Sherway Drive, Timperley, WA15 7NU, England