Terms of Service

Last updated: January 1, 2025

1. Agreement to These Terms

These Terms of Service ("Terms") are a legally binding agreement between you ("User", "you", "your") and Deaku Ltd ("Deaku", "we", "us", "our"), a company registered in England and Wales, with its registered office in London, UK.

By creating a Deaku account, accessing the Deaku website at deaku.org, or using any part of the Deaku platform (collectively, "the Service"), you agree that you have read, understood, and accept these Terms. If you do not agree to these Terms, you must not use the Service.

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, and references to "you" in these Terms refer to that entity.

2. Description of the Service

Deaku is an AI-powered workspace designed for content creators. The Service includes:

We reserve the right to modify, suspend, or discontinue any feature of the Service at any time with reasonable notice to you. We will endeavour to give at least 30 days' notice of material changes.

3. Account Registration

3.1 Eligibility

To use the Service, you must be at least 18 years of age. By registering an account, you represent and warrant that you are at least 18 years old. If you are registering on behalf of an organisation, you must have the authority to enter into legal agreements on behalf of that organisation.

3.2 Account Information

You agree to provide accurate, current, and complete information when registering for an account, and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at hello@deaku.org if you suspect unauthorised access to your account.

3.3 Account Security

We recommend using a strong, unique password for your Deaku account and enabling two-factor authentication where available. You must not share your login credentials with any third party. Deaku will not be liable for any loss or damage arising from your failure to maintain the security of your account.

3.4 One Account per User

Each individual may register one personal Deaku account. Multiple accounts created by the same individual for the purpose of circumventing usage limits or subscription restrictions are not permitted and may result in account suspension.

4. Subscriptions and Billing

4.1 Subscription Plans

Deaku offers subscription plans as published on our pricing page at deaku.org/price.html. These plans are offered on a monthly or annual basis. Current pricing, features included in each plan, and any applicable usage limits are described on the pricing page. We may change our pricing with at least 30 days' notice to existing subscribers.

4.2 Free Trial

We may offer a free trial period for new accounts. At the end of any free trial, your account will convert to the selected paid plan and billing will commence unless you cancel before the trial end date. We will send a reminder email before your trial ends.

4.3 Payment

All payments are processed by Stripe. By subscribing to a paid plan, you authorise Deaku to charge the payment method you have provided on a recurring basis at the start of each billing period (monthly or annual, as chosen). You represent that you are authorised to use the payment method you provide.

4.4 Automatic Renewal

Subscriptions renew automatically at the end of each billing period unless cancelled. You can cancel your subscription at any time from your account settings or by contacting us at hello@deaku.org. Cancellation takes effect at the end of the current billing period, and you will retain access to the Service until that date.

4.5 Refunds

Monthly subscriptions are non-refundable except where required by law. Annual subscriptions may be refunded on a pro-rata basis within 14 days of the start of the billing period, less any discount applied for annual billing. After 14 days, annual subscriptions are non-refundable except where required by law. To request a refund, contact hello@deaku.org.

Under the UK Consumer Rights Act 2015 and Consumer Contracts Regulations 2013, if you are a UK consumer and you have not begun using the Service, you have the right to cancel within 14 days of subscribing (the "cooling-off period") and receive a full refund. By beginning to use the Service before the 14-day period expires, you acknowledge that you are waiving this right to the extent permitted by law.

4.6 Failed Payments

If a payment fails, we will notify you by email. We will attempt to charge your payment method again over the following seven days. If payment remains unsuccessful after this period, your account will be downgraded to a free tier (if available) or suspended. Your content data will be retained for 30 days after suspension, giving you time to resolve the payment issue before data is deleted.

4.7 Price Changes

We reserve the right to change subscription prices. We will give you at least 30 days' written notice of any price increase before it takes effect. If you do not accept the new pricing, you may cancel your subscription before the change takes effect.

4.8 Taxes

Prices displayed on Deaku are exclusive of applicable taxes. Where applicable, VAT or other sales taxes will be added at the prevailing rate and shown at checkout. You are responsible for any other taxes applicable to your subscription under the laws of your jurisdiction.

5. Your Content

5.1 Ownership

You retain full ownership of all content you create, upload, or store in the Deaku platform ("User Content"). These Terms do not transfer any ownership rights in your User Content to Deaku.

5.2 Licence to Deaku

By using the Service, you grant Deaku a limited, non-exclusive, royalty-free, worldwide licence to store, process, and display your User Content solely to the extent necessary to provide the Service to you. We do not use your User Content for any other purpose — including training AI models or sharing with third parties — without your explicit consent.

5.3 Your Responsibility for Content

You are solely responsible for your User Content. You represent and warrant that: (a) you own or have the right to use and share the User Content you upload; (b) your User Content does not infringe any third party's intellectual property rights, privacy rights, or other legal rights; and (c) your User Content complies with these Terms and all applicable laws.

5.4 Content Export

You may export your User Content at any time from your account settings in JSON or CSV format. We recommend exporting your content before closing your account.

6. Acceptable Use

You agree not to use the Service to:

We reserve the right to suspend or terminate accounts that we reasonably believe are in violation of this Acceptable Use Policy, without prior notice in cases of serious or urgent violations.

7. Intellectual Property

7.1 Deaku's Intellectual Property

The Deaku platform, website, branding, software, AI models, and all content created by Deaku (excluding User Content) are owned by Deaku Ltd and protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, modify, or create derivative works from any part of the Service without our prior written consent.

7.2 Feedback

If you submit feedback, suggestions, or ideas about the Service, you grant Deaku a perpetual, worldwide, royalty-free licence to use that feedback for any purpose, including incorporating it into the Service, without any obligation to compensate you.

7.3 AI-Generated Content

Content generated by Deaku's AI features (briefs, draft text, suggestions) is provided to assist your creative process. Deaku does not assert ownership over AI-generated content you produce using the Service. You are responsible for reviewing AI outputs before publication and for ensuring they comply with applicable laws, including requirements around disclosure of AI-generated content.

8. Third-Party Integrations

The Service allows you to connect third-party platforms (YouTube, Instagram, LinkedIn, TikTok, X, Ghost) to Deaku. Your use of these third-party platforms is subject to their own terms of service. Deaku is not responsible for: (a) any changes to third-party platform APIs that affect the functioning of integrations; (b) content you publish to third-party platforms via Deaku; or (c) actions taken by third-party platforms regarding your accounts on those platforms.

We will endeavour to notify you of known integration outages or API changes, but we cannot guarantee continuous, error-free operation of third-party integrations.

9. API Access

Where Deaku provides an API as part of your subscription, your use of the API is subject to the following additional terms:

10. Service Availability and Uptime

We aim to provide a reliable Service but do not guarantee uninterrupted availability. We may perform planned maintenance which temporarily affects availability. We will endeavour to schedule planned maintenance during off-peak hours and to provide advance notice where possible. Deaku does not warrant any specific uptime percentage, and downtime does not entitle you to a refund unless specifically provided in a separate service level agreement.

11. Limitation of Liability

To the fullest extent permitted by applicable law:

Deaku's total cumulative liability to you for any claims arising out of or relating to these Terms or the Service — whether in contract, tort (including negligence), or otherwise — shall not exceed the total amount you have paid to Deaku in the twelve months immediately preceding the event giving rise to the claim, or £100 (whichever is greater).

Deaku shall not be liable for any: (a) loss of profits; (b) loss of revenue; (c) loss of data; (d) loss of business; (e) indirect or consequential loss; or (f) loss arising from your reliance on AI-generated content, regardless of whether we have been advised of the possibility of such loss.

Nothing in these Terms limits or excludes liability for: (a) death or personal injury caused by Deaku's negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded under applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Deaku Ltd and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third party's rights.

13. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. To the extent permitted by applicable law, Deaku disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that: (a) the Service will meet your requirements; (b) the Service will be uninterrupted, timely, or error-free; or (c) AI-generated content will be accurate, complete, or suitable for any specific purpose.

14. Termination

14.1 Termination by You

You may terminate your account at any time by deleting your account from account settings or by contacting us at hello@deaku.org. Upon termination, your right to access the Service ceases immediately. Your User Content will be deleted within 30 days of account deletion, except for billing records which are retained as described in our Privacy Policy.

14.2 Termination by Deaku

We may suspend or terminate your account: (a) for breach of these Terms, with notice where practicable; (b) immediately where we have reason to believe your account poses a security risk or involves illegal activity; (c) if your subscription payment is overdue by more than seven days; or (d) if we decide to discontinue the Service, with at least 60 days' notice.

14.3 Effect of Termination

Upon termination for any reason, the following provisions of these Terms shall survive: Section 5 (Your Content — ownership provisions), Section 7 (Intellectual Property), Section 11 (Limitation of Liability), Section 12 (Indemnification), and Section 17 (Governing Law).

15. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email to the address associated with your account and by posting the updated Terms on the Deaku website at least 30 days before they take effect. The updated Terms will be identified by a revised "Last updated" date. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not accept the updated Terms, you must stop using the Service and cancel your subscription before the effective date.

16. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Deaku with respect to the Service and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding the Service. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

17. Governing Law and Disputes

These Terms are governed by the laws of England and Wales. Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales, except where applicable consumer protection law requires otherwise.

If you are a consumer resident in another jurisdiction, you may also have the right to bring proceedings in the courts of your local jurisdiction under applicable consumer protection law.

Before bringing any formal legal proceedings, we encourage you to contact us at hello@deaku.org to attempt to resolve the dispute informally. We will respond within 14 days and genuinely attempt to find a resolution.

18. Contact

For any questions about these Terms of Service, please contact us:

Deaku Ltd
London, UK
Email: hello@deaku.org