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Terms and Conditions

Welcome to our website! As we enter into an agreement with you, the following terms and conditions will define the relationship between you, the Customer (also referred to as “you,” “your,” “affiliate,” “yours,” “the Customer” or “the client,”), and us, AI HomeDesign (also referred to as “the Company,” “we” or “us” or “our”).

Summary

This agreement is between the Customer and AI HomeDesign, providing real estate photo editing services for a fixed price, evident in our Pricing section. The Customer agrees to pay for the services via purchasing priced plans and can use the edited photos for personal or business purposes. The Company guarantees the services will be performed with reasonable care and skill but is not liable for any losses or damages caused by the Customer’s use of the edited photos. The laws of the Province of British Columbia, Canada, govern this agreement. This agreement is made and entered into between AI HomeDesign and the Customer.

1. Introduction

    A. The Company agrees to provide the Customer with real estate photo editing services (the “Services”) following the terms and conditions outlined in this agreement.
    B. By using the Services, the Customer agrees to be bound by this agreement.

2. Ordering Services

    A. The customer may place an order for Services by submitting an order through the Company’s website.
    B. The customer is responsible for ensuring the accuracy of all the provided information.
    C. The Company agrees to provide the Services described on the Company’s website or as agreed upon in writing by the parties.
    D. The Company may reject any order at its sole discretion.

3. Content

    A. “Content” refers to any photographs or other materials provided by the Customer for use in connection with the Services.
    B. The Customer represents and warrants that it owns or has the necessary rights to use all Content submitted to the Company for editing.
    C. The Customer grants the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute the Content solely for the purpose of providing the Services.

4. Free Trial

    A. AI HomeDesign offers a Free Plan that provides customers with 6 credits to try out our services.
    B. Customers using the Free Plan will notice that the generated results come with a watermark.

5. Payment

    A. AI HomeDesign processes all orders via Stripe. Customers are required to have a credit card to make payments.
    B. The Customer agrees to pay the Company the fees set forth on the Company’s website.
    C. Payment shall be made in full when the Customer purchases a paid plan.

6. Pricing Plans

    A.Customers have the flexibility to switch between paid pricing plans whether their current plan has expired or not. Customers will be able to both upgrade and downgrade their subscription plans.
    B. AI HomeDesign offers plans with 5 to 10K photos per month. Should customers require more than 10K monthly photos, they can contact [email protected]. they should visit the pricing page and choose “Business.”
    C. If you're subscribed to a yearly plan, the remaining credits at the end of each month will roll over to the next month. Moreover, In yearly plans, credits also roll over from 1 year to another. Additionally, for monthly 'Pro Plus' or 'Enterprise' plans, your remaining credits will also roll over to the next month.
    D. If customers exhaust their credits within a month, they can renew their plan early to receive new credits or purchase a new subscription plan. Also, they have the option to purchase 'Photo Packs' in order to add additional photos to their current plan.
    E. All AI HomeDesign subscription plans are renewed automatically once the subscription period ends. Users can cancel auto-renewal from their AI HomeDesign user account.

7. Refund & Cancellation

    We at AIHomeDesign.com prioritize customer satisfaction. If our products don't meet your expectations, we offer a straightforward refund process.

    7-Day Money-Back Guarantee:

    We're committed to the quality of our products, and we believe you'll love them. However, if you're unsatisfied for any reason, we offer a money-back guarantee under the following conditions:
    • This offer is available to first-time subscribers only and applies to both monthly and yearly plans.
    • Requests for cancellation and refund must be made within the first 7-days of your purchase date.
    • You have generated 3 or fewer times to test our services.
    • Input packs are non-refundable.
    Please send your cancellation and refund request to [email protected]. Ensure you provide all necessary details to facilitate the process.

    Human Virtual Staging's Refund Policy:

    We stand by the quality of our “Human Virtual Staging” service and believe you'll be satisfied with the results. However, Refunds are applicable to all users who are dissatisfied with the delivered image or experience delays in their orders, despite the opportunity for unlimited revisions. if you're not completely happy for any reason, we offer a full refund with the following conditions:‌
    • Refund requests must be submitted within 48 hours after the order delivery
    • Users are eligible for a refund if they have not requested revisions more than one time.
    • Commercial use of the product is not permitted if a refund is issued.
    • For bulk orders, the refund policy will be checked and applied per order item.

    Standard Cancellation:

    In case you're not meeting the aforementioned conditions, you can still cancel your subscription plan.
    The cancellation process will start as soon as your current plan ends. This applies to both monthly and yearly plans.

    Documentation:

    For transparency and to serve you better, we keep records of all interactions related to refund and cancellation requests. Thank you for choosing AIHomeDesign.com. We value your business and strive to offer the best services in the industry.

8. Result Generation

    A. The Company is not responsible for any delay in result generation caused by factors outside its control.

9. Privacy Policy

    A. The Company agrees to comply with all applicable privacy laws and regulations concerning the collection, use, storage, and disclosure of the Customer’s personal information.
    B. The Company will only use the Customer’s personal information for the sole purpose of providing Services and offering advertising and marketing material.
    C. By signing up on AI HomeDesign’s website or using any of our services, the Customer agrees and consents to receiving marketing and advertising material from AI HomeDesign.

    D. Data Retention in Compliance with GDPR:

    AI HomeDesign is committed to strict data retention practices in accordance with the General Data Protection Regulation (GDPR). When users request account deletion, we retain only the following information:

    a. User’s remaining credits and plan on our platform
    b. User source information
    c. User’s API key
    d. Transactions between the user and AI HomeDesign
    e. User feedback on our platform
    Rest assured, we prioritize the security and confidentiality of your data.

    Out-of-Court Dispute Settlement (Digital Services Act)

    Pursuant to the Digital Services Act (DSA), if you live in the European Union (EU) and disagree with a qualifying content moderation decision, in addition to filing an appeal, you may contact an out-of-court settlement body to settle your dispute. Out-of-court dispute settlement bodies are independent entities with the means and expertise to consider your issues. The European Commission will maintain a website listing the available settlement bodies as they become certified by EU member states. No out-of-court settlement bodies have been certified as of February 9, 2024. We will update this site as information becomes available. For more information, visit [Google’s support page on the DSA].For complaints and redress, please contact our customer service at [email protected] or +16048009828. If you are not satisfied with our resolution, you have the right to seek alternative dispute resolution (ADR) through certified out-of-court dispute settlement bodies as outlined by the DSA. You also have the option to pursue claims in court. For legal questions, consult with your legal counsel.

10. Copyrights

    A. When the Customer pays for the Services, the copyright of the edited photos is automatically assigned to the Customer. The Company will provide the Customer with a copy of all edited photo files, and the Customer is responsible for storing them safely.
    B. The Company reserves the right to display and link to the edited photos, both supplied and completed, as part of its portfolio and to write about the project on websites, in magazine articles, email marketing, advertising, and in books or print media.

11. Customer Support

    A. AI HomeDesign provides customer support for all free and paid plans. Users can direct their inquiries from within their AI HomeDesign account by submitting a support ticket.

12. Warranties and Limitations of Liability

    A. The Company warrants that the Services will be performed professionally and satisfactorily.
    B. The Customer acknowledges and agrees that the Services are provided on an “as is” and “as available” basis.
    C. In no event shall the Company be liable to the Customer or any third party for any indirect, incidental, special, punitive, or consequential damages arising from or in connection with the Services.

13. Governing Law and Entire Agreement

    A. This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada.
    B. If, for any reason, one part of these terms becomes invalid or unpredictable, the remaining parts of it remain intact. We will update these terms if necessary.

14. AI HomeDesign Affiliate Programs

    1. Introduction to the Program

    1.1.Your role. By joining the Program, you agree to take actions to increase the number of visitors to AI HomeDesign's website. To do this, you agree to create quality content about AI HomeDesign and AI HomeDesign Services for your audience and post it with your tracking link on your social media account, blog, or any other platform you use to communicate with your audience (hereinafter 'Post'). If the Agreement allows, AI HomeDesign will pay you the commission as stated in the Agreement when someone uses your link to buy AI HomeDesign Services. You also confirm that the actions you take under this Agreement are not your main professional activities, and you do not earn most of your income from them.

    1.2. How to join. To join as an Affiliate, you need to fill out a sign-up form and agree to this Agreement. By doing so, you confirm that: (a) The information you give us when you register is true, correct, and complete; (b) you will follow the rules of this Agreement; and (c) you have the full right, power, and authority to enter into and follow the terms and conditions of this Agreement.

    1.3. If you want to join as an individual, you confirm that you are at least 18 years old and you can legally make decisions for yourself. If you want to join on behalf of a company, you must be properly formed, have full legal ability, and have authorized representatives.

    1.3. If you want to join as an individual, you confirm that you are at least 18 years old and you can legally make decisions for yourself. If you want to join on behalf of a company, you must be properly formed, have full legal ability, and have authorized representatives.

    1.4. How to promote. We expect you to promote AI HomeDesign Services honestly and ethically. You should not make false or misleading claims about us, our partners, or our competitors. You should also respect the privacy and preferences of your audience. You should not spam them or use any illegal or unethical methods to get them to click on your link. We can refuse your sign-up form or turn off your tracking link at any time without giving you a reason. We can also turn off your Affiliate status and your tracking link at any time if we find that your Post and/or website is not suitable for promoting AI HomeDesign Services, for example, if:

    1.4.1. it shows sexually explicit materials;

    1.4.2. it shows violence;

    1.4.3. it shows discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

    1.4.4. it shows illegal activities;

    1.4.5. it uses any materials that break or help others break any copyright, trademark, or other intellectual property rights or the law;

    1.4.6. it has 'AI HomeDesign' or similar or wrong spellings of it in its domain name;

    1.4.7. it is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise unacceptable to us in our sole opinion;

    1.4.8. it has software downloads that could take away commission from other affiliates in our program;

    1.4.9. you make or design your website or any other website that you run, in a way that looks like our website or design your website in a way that makes customers think you are AI HomeDesign.

    1.4.5. it uses any materials that break or help others break any copyright, trademark, or other intellectual property rights or the law;

    1.5. What we give you. When we approve your sign-up form and decide to work with you, we will give you your own personal account on our Affiliate Dashboard, an account for you on Rewardful, a platform that helps us manage our Affiliate Program. You need to use the tracking link every time you tell your audience about AI HomeDesign and AI HomeDesign Services. You know that the tracking link helps us to know if you brought us a new customer. You also know that if you don't use your tracking link or you use it the wrong way, we can't tell if a new customer came from you. If we can't tell that, you lose your right to get a commission. You understand that we can only link a user who visits our website through your tracking link to you if they agree to accept cookies. We may also give you a coupon code that you can use to promote AI HomeDesign without using the tracking link (for example, on platforms that do not allow affiliate links).

    1.6. When you log in to the Affiliate Dashboard, you can create the tracking link, and see a list of successful leads and how much commission you have made in your account.

    1.7. Your status. You clearly agree and understand that you work as an independent contractor, and nothing in this Agreement means or should be understood in any way, to create between you and us a relationship of employer and employee, partners, agency, or any other relationship except that of independent parties working with each other only for the purpose of following the rules of this Agreement. In any case, you are not allowed and do not have the power or authority to make us enter into any legal relationship, create any liability or obligation, or act for us. To be clear, joining this Agreement does not make you our agent.

    2. Your Obligations

    2.1. Your role detailed. You will act carefully and do your best to bring us new customers to whom we can provide our services.

    2.2. To help us keep track of all the visits, registrations, and sales from your Posts/website to our website, you must always use your tracking link.

    2.3. When you create content, you must not do anything that hurts AI HomeDesign's image and reputation. Content created by you should be honest and a creative way of showing AI HomeDesign's services that, depending on the goal of the Post, teaches your followers and/or makes them curious about AI HomeDesign. We respect your creative freedom to make Posts that inspire your audience, but when you make a Post, we expect you to follow all the promotion rules in this Agreement.

    2.4. You are responsible for keeping the information you share about AI HomeDesign on your website and other channels up-to-date and correct. We may check your Posts/website when we want to make sure that the information is current and right and tell you about any changes that we think could improve your performance.

    2.5. You are responsible for following all the laws that apply to your Posts/website, especially those related to intellectual property. You must have permission to use any copyrighted material that belongs to someone else, such as writing, images, or any other work that can be copyrighted. We will not be responsible (and you will be responsible) if you use someone else's copyrighted material or other intellectual property without following the law or their rights.

    2.6. You are responsible for reporting and paying any taxes that apply to any commissions you get from us under this Agreement as stated in clause 6.8.

    2.7. What you must not do. By agreeing to this Agreement, you understand that you are not allowed to:

    2.7.1. use the tracking link or any content that we give you as part of the Program for any illegal purposes;

    2.7.2. ask others to do or join in any illegal acts;

    2.7.3. break any international or local rules, regulations, and laws;

    2.7.4. harass, abuse, hurt, defame, slander, put down, scare, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

    2.7.5. give any false or misleading information;

    2.7.6. upload or send viruses or any other type of harmful code that will or may affect how our website works or runs;

    2.7.7. use techniques known as spamming, phishing, pharming, pretexting, spidering, crawling, or scraping;

    2.7.8. use the tracking link, discount code, or AI HomeDesign's content for any obscene or immoral purpose;

    2.7.9. join the Program if you are not legally able to make contracts (for example if you are under 18 years old) or are banned (incl. by us) from using our site, services, applications, or tools for a short or long time;

    2.7.10. give your account, test product discount code, or tracking link to someone else, or use our services through a front person (incl. in case of a ban).

    2.8. Your tax responsibility. You understand and agree that your actions will not make AI HomeDesign have a permanent (establishment) business presence in your country. With that in mind, you agree to tell AI HomeDesign right away if AI HomeDesign is the only company you work for. If your actions cause AI HomeDesign to have a permanent business presence in your country, you must pay back all the expenses that AI HomeDesign has to bear because of that.

    3. Our Rights and Obligations

    3.1. How we work together. We can check your Posts/website at any time to see if you are following the rules of this Agreement. We may tell you about any changes that we think you should make, or to make sure that your advertisements and AI HomeDesign promotional content are suitable.

    3.2. We decide whether and how to provide our services to the customers you refer. AI HomeDesign will have the sole right to choose whether and how to provide its services to any customers who come to our website by using your unique tracking link. AI HomeDesign will also be free to end the service agreements with any such customers at any time and for any reason. AI HomeDesign can cancel leads due to order cancellations, duplicate tracking, returns, disputed charges, and breaking the rules of this Agreement. In these cases, you will lose your right to get a commission as stated in clause 6.

    3.3. We treat you fairly and respectfully as our partner. We will treat you fairly and respectfully as our partner. We will provide you with the necessary information and support to help you succeed as an Affiliate. We will also protect your personal data and respect your rights as an Affiliate.

    4. Term of the Agreement

    4.1. How the Agreement can end. The Agreement starts from the date you agree to it and has no fixed end date.

    4.2. Either party can end this Agreement with 30 calendar days advance notice, with or without a reason, by telling the other party in writing. Writing can be an email. To be clear, AI HomeDesign can end this Agreement right away, by sending you a written notice if you have:

    4.2.1. Cheated or misused the Program in any way. If we find out that you cheated or misused the Program, we will not pay you any commissions for those customers;

    4.2.2. refused to make changes to your Post/website that AI HomeDesign asked you to make according to clause 3 of this Agreement;

    4.2.3. broken any of the promotion rules in this Agreement.

    4.3. If the Agreement ends ordinarily as mentioned in the first sentence of clause 4.2 of this Agreement, we pay the accrued commission within 30 calendar days from the date the Agreement ends, but only if it has reached the withdrawal threshold stated in clause 6.4 of this Agreement. We do not pay it if it has not reached the threshold.

    4.4. After the Agreement ends, for any reason, we can delete your Affiliate account.

    4.5. If the Agreement ends for any of the reasons in clause 4.2 of this Agreement, you will not receive the accrued commission that you would have received if the contract with you had not been canceled.

    5. Amendments

    5.1. How we can change the Agreement. AI HomeDesign can change the Agreement from time to time with a 15 calendar days warning. If you keep using the Program after any changes, it means you agree to the changes. The changes may include but are not limited to, changes in how and how much we pay you and the Program rules. If you do not agree to the changes in this Agreement, you can end the Agreement by sending us an email. If you keep taking part in the Program after we post the notice of the changes or the new Agreement on our site, it means you agree to the changes. You are responsible for any problems that may happen if you do not read an updated version of the Agreement and any other Regulatory Documents.

    5.2. You have to accept the new terms of our partner Rewardful. If the change applies to the terms of our partner Rewardful, you have to read and accept the new terms before you can use the Affiliate Dashboard.

    6. Commission and Settlements

    6.1. How we pay you. As a reward for your promotional activities, we will pay you a commission as stated in clause 6 for each person who came to our website by using your unique tracking link and who actually bought our services. A customer is only counted if they signed up, and paid within the first 90 calendar days of clicking the link. If the same customer clicks on two links from different Affiliates, we will count the customer as the first Affiliate. We will not pay you a commission if any of the reasons stated in clause 6.3 stop us from paying the commission.

    6.2. Your commission is 30% of what they pay us for a month. When someone who comes to our website by using your unique tracking link becomes an AI HomeDesign customer, your commission will be 30% of the net fee (VAT excluded) of everything the new customer you referred pays us for 3 months. This commission may vary from time to time based on the promotional campaign that AI HomeDesign sets on Rewardful.

    6.3. You will not get the commission if:

    6.3.1. the person who used your tracking link was already an AI HomeDesign customer;

    6.3.2. the person who used your tracking link had already joined the Program before;

    6.3.3. you used your own tracking link to sign up as an AI HomeDesign customer;

    6.3.4. AI HomeDesign stops providing services to a customer who came from your tracking link for any reason before the threshold stated in clause 6.4 has been reached or the expiry of the 1st quarter from the sign-up;

    6.3.5 if AI HomeDesign has another valid reason to deny the payment as stated in this Agreement.

    6.4. We pay you weekly once you earn at least $50. You will receive the commission within 7 calendar days after someone purchases a subscription plan using your unique affiliate link.

    6.5. We pay you through Wise & PayPal Payments. AI HomeDesign pays you through Wise Payments. Our partner Rewardful will generate self-billing VAT and Non-VAT invoices for you.

    6.6. You have to cover any extra costs yourself. You have to pay for any extra costs yourself. You agree that the commission is enough to cover all the costs of providing services under this Agreement.

    6.7. The commission includes all the taxes, fees, and charges. The commission we pay you is final and includes all the taxes, fees, and charges that apply in your country or abroad. The commission also includes any bank or currency fees. You have to pay or make sure someone pays all these fees, expenses, taxes, and charges. If we have to pay any of them, we will take them out of your commission or ask you to pay us back.

    6.8. You are responsible for paying any taxes and other state fees and duties. You as an Affiliate (including the person) are fully responsible for paying any taxes (except VAT, if it applies) and other state fees and duties that are related to the commission we pay you under this Agreement. You also agree to protect AI HomeDesign from any claims or losses in this regard. To be clear, AI HomeDesign will only pay VAT, if it applies, and any other amounts that you or AI HomeDesign may owe because of the services under this Agreement.

    6.9. We calculate your commissions based on what you see in the Affiliate Dashboard. You know and accept that AI HomeDesign's relationship with its customers, including how they pay AI HomeDesign for its services, is very private and we cannot tell you about it to calculate your commissions. So, AI HomeDesign will calculate your commissions based on the information that you can see in the Affiliate Dashboard. Thus, you agree to give up any right to ask for any other documents to show how we calculated your commission.

    7. Promotion Restrictions

    7.1. How to promote AI HomeDesign. You must always clearly represent that you and your websites are independent entities and do not act on behalf of or with the authority of AI HomeDesign.

    7.2. Do not annoy or bother people. We do not allow advertising that annoys or bothers people. For example, you must not do any of the following things to advertise AI HomeDesign:

    7.2.1. send unwanted commercial email (UCE);

    7.2.2. post to newsgroups that are not for commercial purposes and post to many newsgroups at the same time (you may post to newsgroups to promote AI HomeDesign if the newsgroup welcomes commercial messages);

    7.2.3. advertising in any way that hides or lies about who you are, your website name, or your email address.

    7.3. Send emails only to your subscribers. You may send emails to customers to promote AI HomeDesign if the customer already uses or subscribes to your services or website, and if the customer can choose to stop receiving your emails.

    7.4. Do not spam. If we find out that you are spamming, we will end this Agreement and your participation in the Program right away. We will not pay you any money that you have earned if we end your account because of your spamming.

    7.5. Do not post your link on AI HomeDesign’s channels. You must not share or post your unique tracking link on AI HomeDesign’s public channels (for example, by posting the tracking link on AI HomeDesign’s Facebook or Instagram account).

    7.6. Do not pay for clicks for AI HomeDesign. You must not send traffic to your Program tracking link via Pay-Per-Click (PPC) campaigns. You must not send traffic to your websites and then automatically send it to AI HomeDesign’s websites. This is also called direct traffic. You can pay for clicks for your websites, but you can’t do that for AI HomeDesign. We reserve the right to terminate your participation in our Affiliate Program without prior notice and upon the first occurrence of such PPC bidding behavior.

    7.7. Do not use the AI HomeDesign trademark or hurt AI HomeDesign’s rights. To be clear, the following activities are illegal because they use the AI HomeDesign trademark (for example AI HomeDesign, etc.) or other things that belong to AI HomeDesign or hurt AI HomeDesign’s rights (this is not a complete list of examples):

    7.7.1. doing anything in the name of AI HomeDesign (for example, you must not make people think that you are AI HomeDesign or that you work for AI HomeDesign);

    7.7.2. creating or running any social media account, portal, or website that uses AI HomeDesign name, logo, or trademark;

    7.7.3. paying for search ads (for example Google, Bing, or other similar) with words related to AI HomeDesign or general words, sending traffic to your website and then automatically sending it to AI HomeDesign’s websites;

    7.7.4. putting AI HomeDesign links on any adult, casino, cashback, coupons, discriminatory, websites with bad or harmful content or content that tells people to be violent or websites that break the law or other people’s rights (for example, websites that share files, torrents, or pirates or other things that belong to other people) or websites that say bad things about other people or other similar websites;

    7.7.5. doing other things that break AI HomeDesign’s rights or damage AI HomeDesign’s reputation in any way.

    7.8. Do not send unwanted or tricky ads, programs, or pop-ups. You must not send any unwanted or tricky ads, programs, or pop-ups to customers from the time the customer clicks on a tracking link until the time the customer leaves the AI HomeDesign site completely (for example, no page from our site or anything from AI HomeDesign is shown on the customer’s screen). “Parasiteware™” and “Parasitic Marketing” are programs that (a) change or delete cookies that track commissions for affiliates and non-affiliates by any way other than a customer clicking on a link on a web page or email; (b) change searches to send traffic through a program that is installed, and cause pop-ups, cookies that track commissions to be set or other cookies that track commissions to be changed when a customer would normally go to the same place by the search results (search engines are, but not limited to Google, MSN, Yahoo, Overture, AltaVista, Hotbot, and similar search or directory engines); (c) set cookies that track commissions by loading AI HomeDesign website in hidden frames, links and automatic pop-ups that open AI HomeDesign website.

    7.9. Do not apply fraudulent activities. You must not apply fraudulent activities, such as:

    7.9.1. using bots or fake accounts to generate clicks or sales;

    7.9.2. creating fake reviews or testimonials to promote AI HomeDesign;

    7.9.3. offering incentives or rewards to customers to click on your links or buy AI HomeDesign products;

    7.9.4. copying or modifying AI HomeDesign content or materials without permission.

    8. Licenses

    8.1. How to use our materials. We let you use a limited, non-exclusive, non-transferable, non-assignable, revocable right to (i) access our site through HTML links, and tracking links, only as this Agreement allows, and (ii) only with such links, to use our logos, trade names, trademarks, marketing, advertising and similar identifying material (collectively, the 'Licensed Materials' ) that we give you or approve for such purpose. You can only use the Licensed Materials if you are a member in good standing of AI HomeDesign’s Affiliate Program. You agree that all uses of the Licensed Materials will be for AI HomeDesign and the goodwill related to them will benefit only AI HomeDesign.

    9. Limitations of Liability and Indemnification

    9.1. Our responsibility and liability. Affiliate Dashboard and content, or features that we give you in this Agreement are given “as is” and “as available” without any promises of any kind either said or implied. To the most extent allowed by the law, AI HomeDesign does not make any warranties. We do not promise anything to you about the Affiliate Dashboard. In particular, we are not responsible for the following:

    9.1.1. any stop, end, pause, or other types of unavailability of the Affiliate Dashboard;

    9.1.2. any stop or break of sending to or from the Affiliate Dashboard;

    9.1.3. any bugs, viruses, Trojan horses, or the like, that may be sent to or through the Affiliate Dashboard;

    9.1.4. removal of, damage of, or failure to save any content or data;

    9.1.5. the mismatch of technologies used for getting to the Affiliate Dashboard.

    9.2. We are not liable for any damages related to this Agreement. We will not have to pay you for any damages related to this Agreement under any contract, negligence, tort, strict liability, or other legal or fair theory for any indirect, incidental, consequential, special, or exemplary damages (including, without limitation, loss of revenue or goodwill or expected profits or lost business), even if we have been told of the possibility of such damages. Also, no matter what this Agreement says, in no event shall AI HomeDesign's total liability to you from or related to this Agreement, whether based in contract, negligence, strict liability, tort, or other legal or fair theory, be more than the total commission fees paid to you under this Agreement.

    9.3. You agree to pay for and protect us from any claims or losses. You agree to pay for and protect AI HomeDesign and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, from any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable lawyers' fees) (any or all of the following hereinafter called 'Losses') as long as such Losses (or actions about them) are related to the services you give under this Agreement, including but not limited, come from or are based on (i) any claim that our use of the Affiliate trademarks breaks any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any false statement of a statement or promise or break of a promise and agreement made by you here, or (iii) any claim related to your Post/website, including, without limitation, content in it not from us (iv) break of applicable law.

    10. Confidentiality

    10.1. Your obligation. You promise not to tell any third party any confidential information of AI HomeDesign as defined in clause 10.2 below that you learn about in connection with the Agreement. You will also use all reasonable measures to protect the confidential information of AI HomeDesign. The confidentiality obligation will be in force during the term of the Agreement and 5 years after it ends for any reason.

    10.2. Confidential information means the know-how, trade secrets, software, business information, research information, information about business and cooperation partners, any pricing policy of AI HomeDesign, IT systems, and any security measures (incl. cybersecurity measures) that AI HomeDesign uses, AI HomeDesign’s action plans and projects. Any kind of information that is not public and that can be seen to be related to the business activities of AI HomeDesign will be considered confidential information and cannot be given to any third party without the written consent of AI HomeDesign except such information:

    10.2.1. which is at the time of disclosure common knowledge, or which will later be common knowledge in such a way that it is not against this Agreement;

    10.2.2. which you have to tell under applicable laws.

    11. Miscellaneous

    11.1. Your relationship with us. You agree that you are an independent contractor, and this Agreement does not create any joint venture or make you our partner, agent, franchisee, sales representative, or employee. You have no power to make or accept any deals or promises for us.

    11.2. Transferring rights and duties. Neither party can give or transfer its rights or duties under this Agreement to anyone else unless it is to someone who gets all or most of the business or assets of any party to this Agreement.

    11.3. Governing law and disputes. This Agreement will follow and be explained by the laws of the Republic of Estonia. Any disputes that come from this Agreement will be settled in the Harju County Court in the Republic of Estonia.

    11.4. How to contact us. If you have any questions or suggestions about these Terms or any complaints about the Service, you can contact us at [email protected]. We will answer your questions or suggestions and deal with your complaints within 15 days.

    11.5. Changing or giving up the Agreement. You cannot change or give up any part of this Agreement unless in writing and signed by both parties.

    11.6. Entire Agreement. This Agreement is the whole agreement between us and you and will replace all previous agreements and communications of the parties, spoken or written.

    11.7. Your personal data. If you sign up as a natural person to the Program, AI HomeDesign will collect and use your personal data. AI HomeDesign will use the personal data according to the AI HomeDesign privacy policy published at https://aihomedesign.com/privacy-policy

    11.8. Headings and titles. The headings and titles in this Agreement are only for convenience and will not limit or affect the terms of this Agreement.

    11.9. Invalid or unenforceable parts. If any part of this Agreement is found to be invalid or not enforceable, that part will be removed or limited to the least amount needed so that the intention of the parties is followed, and the rest of this agreement will still be valid and effective.