Terms of Service
Effective Date: January 1, 2025
Last Updated: January 1, 2025
Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and desireful.ai ("we," "us," or "our") regarding your use of the desireful.ai website and services (collectively, the "Service").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Service.
Description of Service
desireful.ai provides:
- AI Maturity Assessment Tool - A self-service questionnaire to evaluate organizational AI capabilities
- Educational Content - Information about AI transformation best practices
- Consultation Services - Professional advisory services for AI strategy and implementation (by separate agreement)
The free assessment tool provides general guidance based on your responses. It does not constitute professional advice specific to your organization's unique circumstances.
User Eligibility and Responsibilities
Eligibility
You must be at least 18 years old and have the authority to represent your organization to use the Service. By using the Service, you represent and warrant that you meet these requirements.
Your Responsibilities
You agree to:
- Provide accurate and truthful information
- Use the Service only for lawful purposes
- Not attempt to gain unauthorized access to any part of the Service
- Not use automated systems (bots, scrapers) to access the Service
- Not interfere with or disrupt the Service or servers
- Not misrepresent your affiliation with any organization
- Comply with all applicable laws and regulations
Intellectual Property Rights
Our Content
All content on the Service, including but not limited to text, graphics, logos, images, assessment frameworks, methodologies, and software, is the property of desireful.ai and is protected by copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to access and use the Service for your personal or internal business purposes. You may not:
- Copy, modify, or distribute our content without written permission
- Reverse engineer or attempt to extract source code
- Use our trademarks or branding without authorization
- Create derivative works based on our assessment framework
- Resell or commercialize the Service or its content
Your Content
You retain ownership of any information you submit through the Service (assessment responses, contact forms, etc.). By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process this information solely to provide the Service and improve our offerings (including anonymized, aggregated analysis).
Disclaimers
No Professional Advice
The Service provides general information and educational content only. It does not constitute professional advice. The AI maturity assessment and recommendations are based on general industry patterns and should not be relied upon as a substitute for professional consultation tailored to your specific circumstances.
You should consult with qualified professionals (legal, financial, technical) before making business decisions based on information obtained from the Service.
No Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability or fitness for a particular purpose
- Warranties that the Service will be uninterrupted, secure, or error-free
- Warranties regarding the accuracy, completeness, or reliability of content
- Warranties that defects will be corrected
No Guarantee of Results
We do not guarantee that following our recommendations will result in specific business outcomes. AI transformation success depends on many factors beyond the scope of our assessment, including organizational execution, market conditions, and resource availability.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DESIREFUL.AI AND ITS AFFILIATES, CONTRACTORS, AND LICENSORS SHALL NOT BE LIABLE FOR:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Business interruption or loss of goodwill
- Decisions made based on information from the Service
- Unauthorized access to or alteration of your transmissions or data
- Errors or omissions in content
IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM (OR $100 IF YOU HAVE NOT PAID US ANYTHING).
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential damages. In such cases, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless desireful.ai, its affiliates, contractors, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:
- Your use or misuse of the Service
- Your violation of these Terms
- Your violation of any rights of another party
- Your provision of false or misleading information
Third-Party Services and Links
The Service may contain links to third-party websites or services (such as Calendly for scheduling consultations) that are not owned or controlled by desireful.ai.
We have no control over and assume no responsibility for the content, privacy policies, or practices of third-party services. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of such services.
Termination
We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, with or without notice, for any reason including:
- Violation of these Terms
- Fraudulent, abusive, or illegal activity
- Extended periods of inactivity
- Technical or security reasons
Upon termination, your right to use the Service will immediately cease. Provisions that by their nature should survive termination (including intellectual property rights, disclaimers, limitations of liability, and dispute resolution) shall survive.
Governing Law and Dispute Resolution
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which desireful.ai is registered, without regard to conflict of law principles.
Dispute Resolution
In the event of any dispute arising from these Terms or your use of the Service:
- Informal Resolution: Contact us at legal@desireful.ai to attempt good-faith resolution
- Arbitration: If informal resolution fails, disputes shall be resolved through binding arbitration
- Class Action Waiver: You agree to resolve disputes on an individual basis only, not as part of a class action
Changes to Terms
We reserve the right to modify these Terms at any time. When we make material changes:
- We will update the "Last Updated" date at the top of this page
- We will notify you via email (if we have your email address) or prominent notice on the Service
- Changes become effective 30 days after posting
Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service.
General Provisions
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and desireful.ai regarding the Service and supersede all prior agreements.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
No Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
Assignment
You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.
Force Majeure
We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, labor disputes, or internet service provider failures.
Contact Us
If you have questions about these Terms, please contact us:
Legal Inquiries: legal@desireful.ai
General Questions: contact@desireful.ai
Response Time: We respond to all legal inquiries within 15 business days.