Last updated March, 22nd, 2023.
1. GENERAL CONDITIONS
1.1 This Terms of Service Agreement (“Agreement”) regulate the conditions of use of the Dezai online interior design service.
1.2 This Terms of Service Agreement is applied for regulating the relations between the Client and Dezai, except in cases where Special Terms have been concluded between the Client and Dezai. In such instances the Agreement is applied in cases the Special Terms do not cover. By accepting this Terms of Service Agreement, it forms a legally binding agreement between the Client and Dezai.
2. DEFINITIONS
2.1 Dezai – online Interior Designer Service Platform. Herein is called either „Service“ or/and „Platform“.
2.2 Dezai Europe – provider of an online interior design service. Dezai Europe OÜ address is registered Rotermanni 6, Tallinn 10111, Estonia with the registry code 16452939, e-mail info@dez.ai.
2.3 Client – natural or legal person who has concluded the Agreement with Dezai.
2.4 Content – any data, texts, files, etc. added to the platform by the Client or Dezai in any format.
2.5 Services – any services provided to Clients.
2.6 Service Agreement – Terms of Service Agreement; Agreement.
2.7 Terms of Service Agreement – an Agreement between Dezai and Client by which Agreement is specified, amended, or supplemented. Also called Agreement or Service Agreement.
2.8 User – every natural or legal person who uses Dezai according to its role and plan e.g Client, Designer, Vendor, Collaborator.
2.9 Website – www.dez.ai and its related subdomains with their content and documents that belong to Dezai.
3. ENTRY INTO CONTRACT
3.1 To use the online interior design services, the Client must accept the Terms of Service Agreement.
3.2 The Agreement shall be deemed concluded with the acceptance of the Agreement.
3.3 Dezai may amend the Terms of Service Agreement unilaterally at any time by publishing the amendments on the Website. Dezai will inform the Client of the amendments in the Terms of Service Agreement on the website and by e-mail at least 14 days before the amendments enter into force. If the Client does not accept the amendments, he/she is entitled to cancel the Agreement before the amendments enter into force. If the Client continues to use the services after the 14-day deadline has passed, it is considered that he/she/it has accepted the respective amendments to the Terms of Service Agreement. This paragraph does not apply to the processing of personal data.
3.4 The Terms of Service Agreement will be considered accepted when the Client receives the invoice and makes payment of the ordered services.
4. SUPPORT, MAINTENANCE AND DEVELOPMENT SERVICES
4.1 To communicate with customer support, the Client can contact Dezai by sending an e-mail to info@dez.ai
4.2 Dezai will strive to reply to all requests received by the Client within a reasonable time but will not guarantee that the requests are replied to within a certain time or that the requests receive answers satisfactory to the inquirer.
5. GENERAL INFORMATION
5.1 The Service is an online design service enabling people and companies seeking interior design services ("Clients") to get a custom interior design that includes complete room design with a detailed furniture layout, photorealistic 3D renders of each room, custom floor plan, two video calls with an interior designer and a shopping list. Revisions of the final design rendering is based on user comments.
5.2 Acceptance of Privacy Policy. Use of the Service is subject to the Privacy Policy, which is available on the website and is hereby incorporated by reference into the Agreement. By using the Service you agree that you have read, understood, and agree to the data collection, use, and disclosure provisions set forth in the Privacy Policy.
5.3 Third Party Fees. You may incur third party fees through use of the Service, such as fees charged by Vendors for products or services. In addition, you may be subject to third party terms, such as Vendors’ warranties and return policies. You acknowledge and agree that you are solely responsible for all such fees incurred by you for use of the Service, and you agree to pay all such fees and abide by all such terms.
6. USE OF SERVICE AND ELIGIBILITY
6.1 Anyone may browse the public-facing pages of the Website, but to start the custom interior design plan, the Client must contact the Sales Department through a form available on www.dez.ai or by sending an e-mail to info@dez.ai
6.2 Client. To become a Dezai Client, you must provide your postal code, phone number or other preferred communication channels, email address and name.
6.3 Entering into agreement. After we have received all the necessary contact information from the Client, we will send an invoice. By accepting the invoice, you are automatically accepting the Terms of Service Agreement.
6.4 Use of Service. After receiving the Client´s payment, the Client will be contacted by an allocated designer. She/he will ask you to fill out a brief (to help us determine your preferred design styles), provide us room dimensions and/or floor plan, photos of your space, and provide us additional information about your room(s) and preferences. You will also have two video calls with the designer allocated to you. The designer will then provide you with suggestions for your space as well as a shopping list of products, and visual images.
7. CONTENT
7.1 Your Content. If you are a Client, you may be able to create, post, or share content, such as messages, comments, or pictures of your space, floor plans and household objects throughout the service process with Dezai. Your Content may be made public, so do not upload any confidential content. Dezai claims no ownership or control over the Client´s content. The Client or a third-party licensor, as appropriate, will retain all copyright, patent, and trademark rights to any content posted or sent through the Service. The Client is responsible for protecting those rights. Separately, the Client may give Dezai the right to take photos or record videos of areas of the home after the design services are complete (“After Images”).
7.2 The Client´s content cannot be unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy.
7.3 License Grants to Dezai. By creating, posting, or sharing content on or through the Service, or allowing Dezai to take, obtain, or record After Images, the Client grants Dezai a world-wide, non-exclusive, sub-licensable, royalty-free, fully paid, transferable, perpetual, irrevocable license to use, modify, remove, publish, transmit, or display the content and “After” Images in any and all media or form of communication now existing or hereinafter developed in order to operate Dezai’s business, and to provide Services, including, without limitation:
7.4 The Client Must Have Rights to the Content Posted. The Client represents and warrants that:
7.5 The Client agrees that use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e. spam). Dezai will utilize any means possible to block spammers and abusers from using the Service. If believed the spam originated from the Service, please email us immediately at info@dez.ai
8. FEES AND PROCESSING OF PAYMENTS
8.1 Fees. A fixed fee is set for the online interior design service provided by Dezai Europe:
Each extra room is £79.
Each extra alteration £79 per room.
The “Picking your personal designer” by their portfolio option costs an extra 30%, added to your project total price.
The service of adding an additional designer for your project to speed up production costs an extra 20% to your project total price.
8.2 Room. The meaning of a room is whichever space designed can be a kitchen, bathroom, living room, dining room, bedroom, hallway, nursery, or a home office.
8.3 Payments. Dezai currently uses third parties to process payments. Our third- party payment processors accept payments through various credit cards, as detailed on the applicable payment screen. All monetary transactions on the Service take place in EUR, USD or GBP.
9. PROJECT TERMS.
9.1 Your completed interior design project will be ready within the times frames given below:
Each extra room – 5 working days
9.2 Time frames are given exclusively for the project stages depending on the interior designer and these time frames are approximate. The actual time frame depends on how quickly the interior designer receives all necessary information from the client and how quickly the designer is able to work. The time which the client takes to prepare all the necessary information (such as floor layout, brief, references etc) and/or to assess provided design solutions isn’t included within these estimations.
9.3 A regular project is a project with one free alteration of the interior concept, one furniture layout and one set of renders.
10. CONSENT TO USE OF DATA
The Client agrees that Dezai may collect and use technical data and related information, including, but not limited to, contacts, usage data, location, and other technical information about the Client´s device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to the Client (if any) related to the Service, and to anonymously track and report activity inside of the Service, including for analytics purposes. Please see the Privacy Policy.
11. OWNERSHIP
The Service, Service Content, After Images, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of Dezai and its licensors. Except for the limited licenses expressly granted to the Client under the Agreement, no other rights, licenses, or immunities are granted or will be deemed to be granted to the Client under the Agreement, either expressly, or by implication, estoppel or otherwise.
12. FEEDBACK
We appreciate hearing from our Clients and welcome comments regarding the Service. Please be advised, however, that if the Client send us creative ideas, suggestions, inventions, or materials ("Creative Ideas"), we will:
13. LIABILITY
13.1 Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.
13.2 User Disputes. We are not responsible for any disputes or disagreements between the Client and any third party they interact with using the Service. This includes disputes between Clients and designers. The Client assumes all risks associated with dealing with third parties and designers. The Client agrees to resolve disputes directly with the other party. The Client releases Dezai of all claims, demands, and damages in disputes among users of the Service. The Client shall not involve us in such disputes. The Client should ensure caution and common sense when using the Service. The Client understands that Dezai does not currently conduct background checks, including criminal background checks, on its Users. Dezai makes no representations or warranties as to the conduct of Users.
13.3 Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service, including designs. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider, or the quality or nature of third-party products or services obtained through the Service. Use the Service at your own risk.
13.4 Third-Party Websites. The Service may include links to third party websites and applications. The Client is responsible for evaluating whether they want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. The Client assumes all risk and we disclaim all liability arising from use of them. We make no promises and disclaim all liability of specific results from the use of the Service.
13.5 Force Majeure – neither party will be responsible for failure or delay of performance if caused by an act of war, hostility, or sabotage, natural disaster, electrical, internet, or telecommunication outage that is not caused by the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
14. TERMINATION
The Agreement is effective until terminated by the Client or Dezai. Rights under the Agreement will terminate automatically without notice from Dezai if the Client fails to comply with any term(s) of the Agreement (including by violating any license restriction provided herein). The Client may terminate the Agreement by ceasing use of the Service.
Use of the Service is considered to be ceased when the Client has not provided any information regarding any of the project stages for 30 calendar days from receiving materials from the designer.
15. GOVERNING LAW AND JURISDICTION
15.1 This Contract is governed by the laws of the Republic of Estonia
15.2 The Service Contract is to be enforced to the fullest extent allowed under applicable law. Should any term of the Service Contract found by the competent court under the applicable jurisdiction to be contrary to the law, the term will be amended by the court and will be interpreted as far as possible to achieve the intentions of the original term to the fullest extent allowed by law and the remaining of the Service Contract will remain effective.
15.3 If the Client is not satisfied with the activities of Dezai, they have the right to file a complaint to Dezai. Dezai shall make efforts to settle the dispute by means of negotiation. Other contractual disputes between a Client and Dezai shall also be sought to be settled by negotiations.
15.4 If the settlement of a complaint or other disputes by negotiation fails, it shall be resolved in Harju County Court in Estonia.