Decky Terms of Service

By creating an account, accessing, or using Get Buyr Inc. d/b/a Decky (“Decky,” “we,” “our,” or “us”) SaaS (as defined below), you agree to be bound by these Terms of Service (“Terms”) and acknowledge the collection, use, and disclosure of information as described in the Privacy Policy available at decky.ai/privacy (“Privacy Policy”). If you do not agree to these Terms, you may not use the SaaS. If you are using the SaaS on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms.

Your use of the SaaS is also governed by Decky's Privacy Policy, which is incorporated into these Terms by reference. By accessing or using the SaaS, you acknowledge that you have reviewed and understand the Privacy Policy.

Decky provides a software-as-a-service AI-powered presentation generation platform that enables users to create, edit, and manage presentations in Google Slides, Microsoft PowerPoint, and other supported environments (the “SaaS”). We may modify, update, enhance, suspend, or discontinue any portion of the SaaS at any time in our sole discretion and without liability. For support, email us at support@decky.ai and we will use reasonable efforts to respond within two (2) business days.

You must be at least eighteen (18) years old to use the SaaS. To access the SaaS, you must create an account through the Company's website and provide accurate, complete, and current registration information. You agree to:

• Provide accurate account information;
• Maintain the security of your account credentials;
• Promptly update account information when necessary to keep it accurate and current; and
• Accept responsibility for all activity occurring under your account.

Accounts are personal to the registered user and may not be shared with any other individual.

If you access the SaaS through an organization, your organization may create and manage multiple user accounts within a shared workspace. Designated administrators may manage user accounts, including creating, modifying, suspending, and disabling access, in accordance with the organization's permissions and these Terms. Designated administrators may create, manage, modify, suspend, or deactivate user accounts, assign permissions, and otherwise administer your access to the SaaS.

The Company reserves the right to suspend or deactivate accounts for inactivity, violations of these Terms, or other legitimate business or security reasons.

You are responsible for maintaining all internet connectivity, compatible browsers, devices, software, and any third-party services necessary to access and use the SaaS.

Access to certain features of the SaaS requires the purchase of a paid subscription. Decky offers subscription plans with varying features, user limits, and usage allowances, including credits for generating presentations or other AI-powered functionality. Current subscription plans and pricing are available on Decky's website or in an applicable order form.

Subscription plans may include limitations on the number of authorized users, available features, storage, usage, credits, or other resources. You may not exceed the limits applicable to your subscription unless authorized by Decky.

You may add additional authorized users or seats during a subscription term. Additional seats will be billed on a prorated basis for the remainder of the then-current billing period.

Unless otherwise agreed in writing, reductions in the number of seats or users will become effective upon the commencement of the next renewal term and will not result in refunds or credits for the current billing period.

Unused credits, unless otherwise specified by Decky, expire at the end of the applicable billing period and do not roll over to future billing periods.

Subscription fees are billed in advance on either a monthly or annual basis, depending on the subscription selected or as otherwise set forth in an applicable order form.

Subscriptions automatically renew for successive renewal terms of the same duration unless cancelled prior to the renewal date in accordance with these Terms or an applicable order form.

You authorize Decky and its third-party payment processor to charge your designated payment method for all applicable subscription fees, taxes, and other charges.

Decky may modify its pricing upon renewal of your subscription by providing at least thirty (30) days' prior notice.

If any payment is unsuccessful or your payment method is declined, Decky may immediately suspend or restrict access to paid features of the SaaS until payment is successfully processed. Your account and Customer Content may remain available in accordance with Decky's data retention practices.

Decky utilizes a third-party payment processor to process payments. Decky does not store complete payment card information.

Except as expressly provided in these Terms or required by applicable law, all fees are non-refundable. Decky may, in its sole discretion, issue refunds, credits, or other adjustments without creating any obligation to do so in the future.

Decky may offer free trial access to certain subscription plans or features.

Unless otherwise specified, free trials do not require a credit card and do not automatically convert into a paid subscription upon expiration.

You may upgrade to a paid subscription at any time during or after your free trial.

Decky reserves the right to modify, limit, suspend, or terminate any free trial at any time, including where Decky determines that a user has abused or attempted to abuse the free trial program.

Subject to your compliance with these Terms and payment of applicable fees, Decky grants you a limited, non-exclusive, non-transferable, revocable right to access and use the SaaS solely for your internal business purposes. No ownership rights are transferred to you.

You retain ownership of all content, materials, data, logos, images, brand assets, documents, prompts, and information you submit to the SaaS (“Customer Content”).

You grant Decky a worldwide, non-exclusive, royalty-free license to host, process, reproduce, display, transmit, modify and use Customer Content solely as necessary to provide, maintain, secure, support and improve the SaaS and to perform its obligations hereunder.

The SaaS may extract and store brand assets, including logos, fonts, templates, brand guidelines, images, and similar design elements from presentations you upload in order to provide the Services. Such extracted assets remain Customer Content and are subject to the terms of this Section.

You acknowledge that Customer Content may include confidential or sensitive business information, including presentations containing financial information, strategic plans, board materials, customer information, healthcare information, or other proprietary materials. Decky will handle Customer Content in accordance with these Terms and its Privacy Notice.

You represent and warrant that:

• You own or have all rights necessary to provide Customer Content;
• Customer Content does not violate any applicable law or infringe or misappropriate any third-party intellectual property, privacy, publicity, or other rights;
• Decky's use of Customer Content as contemplated by these Terms will not violate any third-party rights or applicable law; and
• You have obtained all necessary permissions and consents for any personal information or third-party content included in the Customer Content.

Deleted Customer Content may not be recoverable. You are solely responsible for maintaining backup copies of any Customer Content you wish to retain.

The SaaS permits multiple authorized users within an organization to collaborate in shared workspaces. Content uploaded to a shared workspace may be viewed, edited, exported, or otherwise accessed by other users with appropriate permissions. Customers are responsible for managing user access, permissions, and administrator roles within their organization.

The SaaS utilizes artificial intelligence and large language model technologies, including models provided by third-party AI providers, to generate presentations, slide content, text, images, and other features of the Services.

As between you and Decky, you own all right, title, and interest in presentations, slide decks, and other content generated through your authorized use of the SaaS (“Output”), excluding Decky's software, algorithms, templates, models, systems, know-how, and other intellectual property.

Decky processes Customer Content solely as necessary to provide the AI-powered features of the SaaS. Customer Content is not used by Decky to train publicly available artificial intelligence models.

You acknowledge that:

• AI-generated content may be inaccurate, incomplete, biased, misleading, or inappropriate;
• Output may not be unique and similar or identical Output may be generated for other users;
• AI models and the resulting Output may evolve over time;
• You are solely responsible for reviewing, verifying, editing, and validating all Output before using, publishing, relying upon, or distributing it; and
• You are responsible for ensuring that your use of the Output complies with applicable laws and does not infringe the rights of any third party.

Decky does not guarantee the accuracy, completeness, legality, reliability, or suitability of any Output and disclaims liability arising from your reliance on AI-generated Output.

Decky's collection, use, disclosure, retention, and protection of personal information is described in the Privacy Policy, available at decky.ai/privacy, which is incorporated into these Terms by reference.

In providing the SaaS, Decky collects and processes information including account and authentication information, Customer Content, usage and analytics information, billing-related information, and technical information necessary to operate, secure, maintain, and improve the SaaS, as further described in the Privacy Policy.

Customer Content is stored using secure third-party cloud infrastructure and may be processed by trusted third-party service providers, including cloud hosting, database, analytics, payment processing, authentication, and artificial intelligence service providers, solely for the purpose of providing and supporting the SaaS. Customer data may be processed in the United States and other jurisdictions as described in the Privacy Policy. Where required by applicable law, Decky implements appropriate safeguards for international transfers of personal data.

Decky may transmit Customer Content to third-party artificial intelligence providers solely to generate requested Output and provide AI-powered functionality. Decky does not use Customer Content, Confidential Information, or Customer-generated Output to train, fine-tune, or improve publicly available artificial intelligence models. Where available, Decky configures its third-party AI providers to disable training on Customer Content processed through the SaaS.

Additional information regarding Decky's privacy and data handling practices, including data retention, security measures, and international data transfers, is available in the Privacy Policy.

If multiple users from the same organization utilize the SaaS, Decky may identify organizational usage patterns and contact company representatives regarding team or enterprise subscription opportunities. Notwithstanding anything herein to the contrary, Decky may use aggregated and non-personal usage information, including company domain names and brand identifiers, for these purposes. Organizations may opt out by contacting support@decky.ai.

Unless otherwise agreed in writing, you grant Decky permission to display your company name and logo on Decky's website, marketing materials, customer lists, presentations, and case studies. You may opt out at any time by contacting support@decky.ai.

You agree not to:

• Reverse engineer, decompile, disassemble, or attempt to access source code;
• Copy, reproduce, sell, sublicense, lease, or distribute the SaaS;
• Use the SaaS to build competing products or services;
• Scrape or harvest data from the SaaS;
• Upload malicious code, malware, or viruses;
• Use the SaaS for unlawful activities;
• Circumvent security measures;
• Interfere with operation of the SaaS; or
• Violate applicable laws or regulations.

Decky may suspend or terminate access immediately if:

• You violate these Terms;
• Your use creates a security risk;
• Your use violates applicable law;
• Your use may expose Decky or others to liability; or
• Payment obligations are not satisfied.

You may stop using the SaaS at any time. Upon termination, your license to use the SaaS immediately ends.

• Each party (“Receiving Party”) may receive non-public information from the other party (“Disclosing Party”) relating to the Disclosing Party's business, operations, products, services, technology, financial information, customers, pricing, marketing plans, business strategies, trade secrets, or other proprietary information (“Confidential Information”).
• The Receiving Party agrees to: (a) use the Confidential Information solely as necessary to provide, receive, or use the Services and perform its obligations under these Terms; (b) protect the Confidential Information using at least reasonable care, and no less than the care it uses to protect its own confidential information of a similar nature; and (c) not disclose Confidential Information to any third party except to its employees, contractors, advisors, affiliates, and service providers who have a need to know such information and who are bound by confidentiality obligations at least as protective as those contained herein.
• Confidential Information does not include information that: (i) is or becomes publicly available through no breach of these Terms; (ii) was lawfully known to the Receiving Party without restriction before disclosure; (iii) is independently developed without use of or reference to the Confidential Information; or (iv) is lawfully obtained from a third party without restriction on disclosure.
• If the Receiving Party is required by law, regulation, court order, or governmental request to disclose Confidential Information, the Receiving Party shall, to the extent legally permitted, provide prompt notice to the Disclosing Party and cooperate in seeking confidential treatment or a protective order.
• Upon termination of the Services or written request of the Disclosing Party, the Receiving Party will cease use of and, upon request, return or securely destroy Confidential Information, except to the extent retention is required by law or maintained in routine backup systems.
• The obligations in this Section shall survive termination of these Terms for five (5) years, except with respect to trade secrets, which shall remain protected for so long as they qualify as trade secrets under applicable law.
• Each party acknowledges that unauthorized use or disclosure of Confidential Information may cause irreparable harm for which monetary damages may be inadequate and that the Disclosing Party may seek injunctive or equitable relief in addition to any other remedies available at law or in equity.

Decky and its licensors retain all right, title, and interest in and to the SaaS, including its software, source and object code, artificial intelligence technologies, models, algorithms, templates, user interfaces, documentation, designs, workflows, know-how, trademarks, service marks, trade names, and all related intellectual property and proprietary rights (collectively, the “Decky IP”).

For purposes of these Terms, “Intellectual Property Rights” means all worldwide intellectual property and proprietary rights, including patents, patent applications, inventions, copyrights, copyrightable works, trademarks, service marks, trade names, trade dress, trade secrets, know-how, database rights, design rights, moral rights, and all other similar rights, whether registered or unregistered.

Except for the limited rights expressly granted under these Terms, no ownership or other rights in the Decky IP are transferred to you. All rights not expressly granted are reserved by Decky and its licensors.

Any modifications, enhancements, updates, derivative works, or improvements to the SaaS or Decky IP, whether developed by or for Decky, shall remain the exclusive property of Decky or its licensors.

To the extent any ownership rights in the Decky IP or any modifications, enhancements, derivative works, or improvements thereto would otherwise vest in you by operation of law or otherwise, you hereby irrevocably assign all such rights to Decky.

Certain features of the SaaS utilize third-party software, cloud infrastructure, authentication services, hosting services, databases, and artificial intelligence technologies. Such third-party products and services remain the property of their respective owners and are subject to any applicable third-party terms and conditions.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, DECKY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. DECKY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• DECKY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• DECKY SHALL NOT BE LIABLE FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL; AND
• DECKY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO DECKY DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE FOREGOING LIMITATIONS SHALL NOT APPLY TO FRAUD, WILLFUL MISCONDUCT, OR LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify, and hold harmless Decky and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, costs, and expenses arising out of:

• Your use of the SaaS;
• Your Customer Content;
• Your violation of these Terms; or
• Your violation of applicable laws or third-party rights.

Decky shall not be liable for delays or failures caused by events beyond its reasonable control, including acts of God, natural disasters, labor disputes, internet outages, government actions, terrorism, war, pandemics, utility failures, or failures of third-party service providers.

Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration administered by JAMS. The arbitration shall be conducted by a single arbitrator in Portland, Oregon. Each party waives any right to a jury trial. Each party agrees that disputes shall be resolved solely on an individual basis and not as part of any class action. Nothing herein prevents either party from seeking injunctive relief for intellectual property infringement or misuse of confidential information.

These Terms are governed by the laws of the State of Oregon, without regard to conflict of law principles.

Decky may modify these Terms and the Privacy Policy from time to time. For material changes, Decky will provide notice through the SaaS, email, website, or other reasonable means. Continued use of the SaaS after the effective date of updated Terms and Privacy Policy constitutes acceptance of the revised Terms and Privacy Policy.

Email us at support@decky.ai.

If you enter into a separate order form, Subscription Agreement, Enterprise Agreement, Data Processing Addendum, or other written agreement with Decky, the terms of that agreement will control to the extent of any conflict with these Terms.