Terms of Service

Last Updated: August 2026

1. GENERAL

Welcome to Duda. These Terms of Services (the “Terms”, or “TOS”) in addition to our Policies are a contract between Duda, Inc. (“Duda”, “We”, “Our”, or “Us”) and You (“You” or “Your”) and govern Your use of the Services We offer, unless We have a custom agreement in place that references different terms. As such, please read these Terms and our Policies (collectively, “Agreement”) carefully.

1. In addition to these Terms, Your use of the Service is governed by Our policies, which include, but are not limited to Our Privacy Policy, Our Trademark and Usage Guidelines, Our DPA, Our Product Terms, and other policies as may be updated from time to time (collectively, “Policies”).
2. Your use of the Platform, Core Services, Add-On Services, toolbars, widgets, applications or distribution channels from which We may operate, and Your use of any of Our Services, further described in Section “Services” below (including without limitation the software, programs, code, technology, offerings, tools, plug-ins, components, upgrades, updates and all related applications, available now or in the future, collectively Our “Services”), whether such Services are accessed through Duda.co or via another point of access to Our Services, are subject to and conditioned upon Your assent to and compliance with the Agreement.
3. BY ACCESSING THE PLATFORM AND/OR USING THE SERVICES, YOU CONFIRM AND ACKNOWLEDGE THAT (1) YOU HAVE READ THE AGREEMENT, (2) YOU UNDERSTAND ITS CONTENT, (3) YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT, INCLUDING THE SECTION LABELED “CHANGES”, OF THESE TERMS AND, (4) YOU HAVE THE LEGAL AUTHORITY TO BIND YOURSELF BY THE LAWS OF YOUR JURISDICTION, OR, IF APPLICABLE, THE BUSINESS ENTITY YOU REPRESENT. IF YOU ARE NOT AUTHORIZED NOR DEEMED BY LAW TO HAVE SUCH AUTHORITY, YOU ASSUME SOLE PERSONAL LIABILITY FOR THE OBLIGATIONS SET OUT IN THIS AGREEMENT.
4. If You do not agree to be bound by the terms and conditions of this Agreement, do not use or access the Platform or use any of the Services. Use of the Platform or Services is void where prohibited.

These terms govern your use of Duda’s services if You sign up to use our services through Duda’s website here. Your use of our services means you agree to these terms and our policies, such as our privacy policy. Only agree if you’re authorized to do so and, if you’re an employee, authorized to bind your employer. These “#InPlainEnglish” explanations are for convenience only and are not legally binding.

2. SERVICES

1. Services Description. We provide various website solutions and products, including but not limited to the following, each included as part of the Services that We offer:
   1. “Platform Services” also referred to as the “Platform” which means, collectively:
      1. The “Duda Website Builder”: the software that allows You and Your Clients to build Sites;
      2. The Mobile Website Builder; and
      3. the “Duda API” (application programming interface for the Duda Website Builder).
   2. “Core Services”, including but not limited to the ability to build and maintain multiple sites assigned to Your account (“Sites”) for You and, if applicable, any of Your customers (“Your Clients”) that have created, or established websites through the Platform through Your account (“Client Sites”), and visitors to Your Sites and Client Sites (“End Users”).
   3. “Add-On Services” means the additional services and functionality We make available for use with the Platform and Core Services, whether or not bundled with Your plan. The Add-On Services available from time to time, and the terms that apply to each of them, are set out in the Product Terms.
   4. “Duda Apps” means the services or functionality offered through applications available on the Duda App Store. Except for applications expressly identified as provided directly by Duda, Duda Apps are Third Party Services and are governed by the Product Terms and by the terms of the applicable app owner.
   5. “Duda Content” means the Platform and content created and provided by Duda and made available through the Services.
2. Product Terms. Certain terms and conditions apply specifically to certain Services (“Product Terms”).
   1. The Product Terms are available at https://www.duda.co/legal/product-terms and are hereby deemed part of these Terms and incorporated herein by reference. A Product Term applies to You only if You have purchased, activated, enabled or accessed the applicable Service. By activating or accessing a Service, You agree to the Product Terms applicable to it, and You will cause Your Clients to comply with them to the extent they access that Service through Your account. Duda may add Add-On Services and may add, modify or remove Product Terms at any time by posting an updated version of that page, effective upon posting. Duda is under no obligation to provide a Change Notice for any Product Terms, and You should review the Product Terms when a new Add-On Service is added to Your account.
3. Order of Precedence. These Terms control, except that where the Product Terms expressly address a matter specific to a particular Service, the Product Terms control with respect to that Service only. No third party terms referenced in the Product Terms expand Duda’s obligations or reduce Duda’s rights, disclaimers, exclusions or limitations of liability under these Terms.
4. Third Party Services. In connection with Your use of the Services, You may be made aware of services, products, offers and promotions provided by third parties (“Third Party Services”). Portions of the Third Party Services may be subject to such third party’s terms and conditions, and Your use of such Third Party Services is subject to and conditioned upon Your acceptance of such additional terms and conditions. Please review the Product Terms for specific terms of certain Third Party Services. If You decide to use such Third-Party Services, You are responsible for reviewing, understanding and complying with the terms and conditions governing such Third Party Services, and acknowledge that the third party is responsible for the performance of such Third Party Services.

Duda offers a website builder for you and your clients, the ability to publish and maintain multiple sites, and various add-on services to facilitate your Duda websites. Duda continues to add products and services based on your needs, and any new additions may have additional terms, which we will update on the Product Terms Page, so you should check these terms before adding anything new. For your convenience, we also offer third party apps through Duda’s app store that you may use to enhance your sites. Duda is not responsible for any third party apps, because they are governed by a separate agreement between you and the app owner.

5. Services Use. You may use the Services for Your personal use or internal business use in the organization that You represent, so long as You are in compliance with all provisions of this Agreement. It is Your obligation to ensure that You fully comply with all applicable laws, regulations and directives with regard to the use of the Platform and the Services.

   You will not offer Your Clients any warranty on behalf of Duda that is not expressly authorized by Duda in writing. You are solely responsible for providing Your Clients with all support services, including any support required after completion of a Client Site.

If you use our services, make sure you comply with these terms and all applicable law.

6. Service Changes and Limitations. Our Services are evolving and We may require that You accept updates to the Platform or Services as well as the Terms, Privacy Policy and/or other Duda Policies. From time-to-time We may require You to update your software to continue to use the Platform or Services.
   1. We reserve the right to stop offering and/or supporting all or part of the Platform or the Services at any time either permanently or temporarily, at which point Your right to use the Platform and the Services or any part of them will be automatically terminated or suspended. If that happens, unless applicable law requires otherwise, We are not required to provide refunds, benefits, or other compensation to You in connection with discontinued elements of the Platform or Services.
   2. WE MAY, IN OUR SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE YOUR ACCOUNT, YOUR SITES, ANY OF YOUR CLIENT’S SITES, ACCESS TO THE SERVICES OR ANY PORTION OF THEM; PROHIBIT ACCESS TO OUR SERVICES AND PLATFORM, AND OUR CONTENT, SERVICES, AND TOOLS; OR DELAY OR REMOVE HOSTED CONTENT, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS.

We may make changes to our Services at any time.

3. CHANGES

Duda may make changes to the Terms at any time. From time to time, Duda may amend this Agreement by posting updated versions at https://www.duda.co/legal/terms in accordance with this Section “Changes”.

1. If any changes to the Terms materially impact Your rights, Duda shall notify You of such changes 3 days before the changes shall be implemented (“Notice Period”) via one of the following methods (each, a “Change Notice”) (i) an email notification, (ii) communication via the Platform and/or (iii) a notification on the Duda website. Each Change Notice is considered sufficient notice to allow modification of these Terms.
2. If You do not agree to any modification, Your sole recourse will be to terminate the Agreement before the expiry of the Notice Period. All modifications to the Agreement shall become effective immediately following the Notice Period. By using the Services after Duda has updated the Terms and the Notice Period has expired, You agree to all the updated Terms.
3. If You are a business user established in the European Economic Area or the United Kingdom, the Notice Period will be at least fifteen (15) days (or longer where required to allow You to make technical or commercial adaptations), and You may terminate the Agreement before the Notice Period expires. This extended Notice Period does not apply where the change is required by a legal or regulatory obligation or is necessary to address an unforeseen and imminent danger relating to fraud, malware, spam, data breach or other cybersecurity risk.

Duda may make changes to these terms by providing notice to you. If you don’t agree with the changes, you may terminate the agreement and you must stop using the services.

4. DUDA’S LICENSE TO YOU

1. Platform License. Subject to the provisions of these Terms, We hereby grant You a non-exclusive, non-transferable, limited license to use the Platform during the period You maintain an active subscription to the Services (“Term”) solely to create Sites as contemplated by these Terms, with the right to sub-license the same only to the extent necessary to permit You and Your Clients to access and use the Platform Services as contemplated by the Agreement (the “License”).
   1. The Services, Platform, Marks and related intellectual property are the copyrighted intellectual property of Duda and may not be redistributed, repackaged or used in any fashion other than as explicitly allowed by these Terms. Any violation of this License may result in suspension or termination of Your account and You may be refused any and all current or future access to and use of the Services. The Platform and all other Duda intellectual property is subject to this License.
   2. You acknowledge that Our Platform and the Services, including without limitation the Software, the trademarks, service marks and logos contained on the Duda website (“Marks”), are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to individual content and as a collective work or compilation, pursuant to laws and international conventions. Duda and its licensors solely own the Platform, Marks, Duda Content, and all right, title and interest in and to all copyrights, patent rights, trademark rights, trade secret rights and other intellectual property rights embodied therein, including derivations, modifications, and improvements thereto and all such rights, are reserved by Us and Our licensors.
   3. You and, if applicable, Your Clients, will not have any rights to the Platform or Duda Content except for the License set forth herein. You acknowledge and, if applicable, will cause Your Clients to acknowledge that no license or other right of any kind is granted to You or Your Clients except as expressly provided in these Terms, and that all rights not specifically licensed under these Terms are reserved to Duda.
2. Links to our Platform. Subject to the terms of this Agreement, We grant to You and, if applicable, Your Clients a nonexclusive, non-transferable, non-sublicensable right to display on Your Sites and/or Your Client Sites a link to Our homepage, as long as You or Your Clients’ use complies with Our Trademark and Usage Guidelines. All use of and goodwill associated with the Marks shall inure to Our benefit.
3. System Data. We exclusively own all System Data. “System Data” means data collected by Duda regarding any Services or Duda Apps that may be used to generate logs, statistics or reports regarding the performance, availability, usage, integrity or security thereof.

We own all rights to our technology and content. You may use it as long as you comply with these terms. You can reference us if you comply with our Trademark and Usage Guidelines.

5. CONTENT & FEEDBACK

1. Ownership of Your Content. As between You and Us, We do not own nor do We claim ownership of the content submitted to be included in and/or displayed on Sites (“Your Content”). Your Content includes, but is not limited to: information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials included on any Site You or Your Clients create via the Service.
   1. You are responsible for all of Your Content that is uploaded, posted, transmitted or otherwise made available via Our Services. We do not control Your Content or any Content You or Your Clients post via Our Services and You are responsible for any such Content that may be lost or unrecoverable through use of the Services. You are responsible for archiving and backing up Your Content regularly and frequently.
   2. We do not pre-screen Your Content, and We have the right but not the obligation to refuse, move, remove or delete any Content available through the Services, including Content that violates this Agreement or that is objectionable in Our sole discretion. You bear all risk associated with the use of any Content. You acknowledge and agree that We may preserve Content and may disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce this Agreement, (c) respond to claims that any Content violates the rights of third parties, or (d) protect Our rights, property or personal safety and those of Our users and the public. When providing You or Your Clients with the ability to publish or distribute products, services or Content on a Site or Client Site, We act only as a passive conduit for that publication and distribution.
2. License to Your Content. By accessing the Platform or using a Service, You hereby grant to Duda a world-wide, royalty-free, transferrable, sub-licensable and non-exclusive license to (a) use, reproduce, modify, adapt and publish Your Content for the purposes set forth in the Agreement, including but not limited to, displaying, distributing and promoting Your Sites, sharing or promoting Duda or a Service, and storing it on Our servers, and (b) use, retain, and disclose Your Content to develop, provide and improve Duda’s and its affiliates’ offerings. Where necessary, You will ensure that Your Clients grant You sufficient rights to grant Duda this license. This license exists only for as long as You continue to be Our client and shall be terminated only upon receiving written notice from You, provided that the rights granted in the foregoing clause (b) will survive in perpetuity.
3. Your Feedback. Any feedback You may provide Duda, including without limitation, images, words, ideas, knowledge, techniques, marketing plans, information, questions, answers, suggestions, emails comments, and the like shall be considered non-confidential and non-proprietary. In providing this material, You authorize Us to use it and any images, developments or derivatives thereof, according to Our needs as determined in Our sole discretion, including for public relations and promotion of Duda and the Services in the online and offline media, and all without requirement of any additional permission from You or the payment of any compensation to You. You also agree that (i) by submitting unsolicited ideas to Us or any of Our representatives, You automatically forfeit Your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to Us or any of Our employees or representatives automatically become the property of Duda. You hereby assign and agree to assign all rights, title and interest You have in such feedback and ideas to Duda together with all intellectual property rights therein.
4. Publicity/Case Study. You authorize Duda to use Your name, logo and/or trademark in connection with Duda’s promotional materials and marketing activities. Any press release or other announcement will only be issued upon prior approval by both You and Duda.
   1. You agree that Duda may devise a case study of Your use of the Services and may use such case-study for marketing of its services to third parties. You will provide reasonable assistance in preparation of such a case study. We agree to provide You with access to the results of such case-study.

Duda does not own any rights to any content that is added to your sites, which you are responsible for. We can use the content in order to provide these services. If you provide us with suggestions or ideas, we may use that feedback to improve our services.

6. REGISTRATION AND ACCOUNT MANAGEMENT

Some functions of the Services require registration, and as part of the process You will be requested to provide certain information, including among others: Your name, email address, physical address, company name, field of business and website URL (“Registration Data”). The scope of information we collect is described in these Terms and our Privacy Policy. If You wish to access or manage any of Your Content and/or information, including Your Personal Data, You may do so at any time using Your account settings and as further described in our Privacy Policy. You may also contact Us directly at legal@duda.co.

1. By using the Services, You agree to:
   1. Provide true, accurate, current and complete Registration Data that you maintain and promptly update to ensure its accuracy;
   2. Maintain the security and confidentiality of Your password and any other security or access information used by You to access the Platform or Services;
      1. Certain users with special admin privileges may make changes to Your Sites or the Services, including Transfer of Accounts and Sites described below. You are solely responsible for ensuring Your users with such admin privileges are authorized to take such actions.
   3. Refrain from an Account Transfer without Our prior written consent (for more information, please see the “Transfer of Accounts and Sites” sub-section below);
   4. Refrain from impersonating any person or entity or misrepresenting Your identity or affiliation with any person or entity, including using another person’s username, password or other Registration Data; and
   5. Immediately notify Us in writing if You become aware of any loss, theft or use by any other person or entity of any of Your Registration Data in connection with the Platform, Your Sites, or the Services or any other breach of security that You become aware of.
2. You represent that any communications and all other activities through use of Your Registration Data were sent or authorized by You, and You agree and understand that You are fully responsible for all activities that occur under Your Registration Data.
3. By using the Platform and the Services, You agree, and will cause Your Clients to agree, that (i) You and each of Your Clients are of age under the laws of Your jurisdiction, and that Our Services are not designed for or directed at children; (ii) You and each of Your Clients are legally able to enter into a contract and are authorized to register the account or Client Site; and (iii) You and each of Your Clients have the legal authority to create an account or Client Site on behalf of any business entity identified. If You or Your Client register an account or Client Site without such authority, You assume sole personal responsibility for it.
4. We will treat all acts performed through Your account as performed by You. You accept responsibility for all acts done using Your account, whether or not authorized by You, including purchases made using any payment instrument, and You may be liable for losses incurred by Us or any other user of the Services caused by someone else using Your account. You shall not provide any third party with access to Your account credentials for any purpose, including competing with the Services.

To use our services, you need to provide registration data. That data is governed by these terms and our privacy policy. You’re responsible for the security of your account, so please make sure your registration data is accurate and up to date, don’t share your password with anyone, and keep track of people who have admin privileges on your account, because they may be able to make changes to your account.

5. Transfer of Accounts and Sites. You may transfer Your Site(s) to another person through the Platform (“Site Transfer”). If You want to transfer Your account to another legal entity (“Account Transfer”) please contact Duda Support.

   Please note that:

   1. You may only request Site Transfers or Account Transfers for Sites/Accounts which You are the legal owner and/or holder of rights to, which Duda may confirm using its own methods (e.g. confirming Your administrative privileges on the account);
   2. Account Transfers are subject to Our sole discretion and written approval. Under no circumstances shall Duda be obliged to comply with such request;
   3. Under no circumstances shall Duda act as an intermediary, arbiter, or adjudicator between You and any third party. If Your transfer request affects third parties, such in cases where accounts and/or Sites are managed by You on behalf of third parties (e.g. Your Clients), We may ask for, and Your request may be subject to, such third parties’ consent, although We are under no obligation to obtain such consent.
   4. Any Account Transfer is subject to the transferee entering into a substitute legal agreement with Us and accepting any terms, policies, guidelines and requirements as We may deem applicable, at Our sole discretion.
   5. Sites with ‘Site for Life’ status are non-transferrable.
   6. Duda shall not be liable for any claims, suits, liabilities, damages, losses, costs or expenses of any nature whatsoever arising out of or in connection with Your Site Transfers and/or Account Transfers. You shall hold Duda harmless from any and all claims, suits, proceedings, by any third party, and indemnify Duda from any and all fines, costs, expenses (including reasonable attorney’s fees), losses or damages, arising from or connected to any Account Transfer and/or Site Transfer. For the purposes of clarity, Duda shall not be liable for disputes between You as the Account owner and other members of Your team or Your Clients that may own Sites built through the Platform. For more information, see the Section titled “Release and Disputes with Others.”

You can transfer your Sites through the Platform, so make sure to be careful who to give those privileges to on your team. If you want to assign your entire account to another entity, you will need our permission, as well as proof of ownership, so please contact us.

7. PRIVACY AND DATA PROTECTION

To the extent Personal Data from the EEA, the United Kingdom, Switzerland, or California are processed by Duda, the terms of the Data Processing Agreement located at https://www.duda.co/legal/privacy/dpa are hereby incorporated by reference and shall apply if and to the extent that such Personal Data is Processed. For the purposes of this Section “Privacy and Data Protection,” capitalized terms not defined herein shall be as defined in the DPA.

1. By using the Services You hereby represent and warrant that:
   1. To the extent applicable, You will comply with the DPA at all times.
   2. You shall provide Duda only with Personal Data that is required for Duda’s Services under this Agreement and not request or require that Duda Process Personal Data in any way that would violate applicable Data Protection Laws.
      1. Notwithstanding the forgoing, You are strictly prohibited from uploading to and/or using the Services in connection with Personal Data which constitutes Personal Health Information or which is considered sensitive and/or restricted in nature under applicable Data Protection Laws (“Prohibited Data”), including but not limited to: genetic or biometric data, data concerning health, data concerning a person’s sex life or sexual orientation, Social Security Number or other similar government identifier, financial data (including but not limited to credit card information, credit rating information etc.); and/or information pertaining to minors under 16 years of age.

If either of us processes personal information from the European Economic Area or California, a separate agreement (DPA) governing the processing of that data applies. Both of us must comply with privacy laws at all times. Please review our DPA and our Privacy Policy to ensure compliance.

2. Your obligation to Your Clients and Site Visitors. Use of Duda’s Services does not ensure Your compliance with applicable Data Protection Laws, nor is Duda responsible for Your compliance with such laws.
   1. You are solely responsible for providing any required notices and obtaining all required consents from Your Clients and/or Site Visitors in connection with the Services. These notices and consents may include, but are not limited to, notifications under the applicable breach notification statutes, accurate notice of the Personal Data You collect and how it will be shared, and a privacy policy that complies with all applicable law.
   2. You acknowledge that Duda shall not be responsible or liable to You, Your Clients or End Users for any of Your or Your Clients breaches of applicable law.

Duda does not have a relationship with your clients or site visitors, so we’re not responsible for how you handle their information.

3. Duda’s Privacy Obligations. Duda shall be entitled to use the Personal Data for statistical and financial purposes; provided, however, that any personal attributes shall be removed from such data or otherwise if such is maintained on an aggregated basis.
   1. Duda implements appropriate technical and organizational measures to ensure a level of security of Personal Data, appropriate to the risk, as deemed appropriate by Duda.
   2. In addition to the above privacy principles and these Terms, Your and Your Client’s use of the Platform and the Services is also subject to Our Privacy Policy which informs You of Our policies and procedures regarding the collection, use and disclosure of information We receive when You visit Our Platform and use any part of Our Services. By using or accessing the Services, You consent and You will cause Your Clients to consent to the collection and use of information, including Personal Data, as described herein and in Our Privacy Policy, as may be amended by Us from time to time.

In addition to the Privacy obligations outlined in the DPA, Duda may use anonymized data for statistical purposes. We will institute appropriate security measures. Our Privacy Policy is a part of this agreement.

8. PRICING, PAYMENTS, REFUNDS AND TAXES

By using the Services, You agree to pay all associated set-up and subscription fees that You agree to upon sign-up (“Services Fees”) with the credit card You are authorized to use and enter upon sign up, which You authorize Duda to charge for the Services Fees (“Authorized Card”). You must have an Authorized Card on file at all times to access the Services. Failure to maintain an Authorized Card may result in termination of Your Account or Sites. Your Authorized Card will be charged per the payment processor terms each month, and each month thereafter until termination. If You upgrade or purchase services in the middle of the month, You may be charged a prorated fee.

1. You understand and agree that if You elect to download Duda Apps from the Duda App Store, the fees for these Duda Apps will be billed separately in accordance with the terms and conditions of the applicable Duda App.
   1. If, for any reason, We are unable to process any charge or payment, You agree that You are responsible for providing an alternate form of payment or payment arrangement and You are responsible for any resulting processing fees and/or late fees that may be incurred. You understand and agree that We will charge all Services Fees that are due or past due (including from previous billing periods) and all expenses that are due or past due (including from a previous billing period and including any expenses related to the failure of Your original payment method) and all late fees incurred to the alternate payment method. You expressly authorize these charges.
   2. You are and shall be fully responsible for the payment of any taxes that apply to Your use of the Services.
   3. The Services, including without limitation payment processing, may be handled directly by Us or by online third parties. Where a third party handles a payment, the payment is subject to the terms of use and privacy policy of such third party (including among others payment methods, tax liability, collection and use of Your Personal Data, and support levels). We recommend that You review the terms of use and privacy policy of such third parties before submitting any Personal Data and using such third parties’ services.

We will charge the credit card you use when you sign up to pay for the Services and taxes based on the plan you choose. If You Purchase Duda Apps, or third party services, those will be billed separately. If you change credit cards, please update Your info with us as soon as possible.

2. Auto-renewal. In order to ensure that You do not experience any interruption or loss of services due to the lapse of any particular subscription period, the Services operate with automatic renewal, on a recurring-fees basis (except where explicitly stated otherwise). Accordingly, where applicable, Duda will attempt to automatically renew the applicable Services for a renewal period equal in time to the original subscription period for such Service, and automatically charge You the applicable fees using Your Authorized Card.
   1. You may cancel Your subscription at any time through Your account settings on the Platform, without contacting Us and without completing any additional steps. Cancellation takes effect at the end of the then-current subscription period, and Your Services will continue until that date. If You subscribed online, You may cancel online. Duda Apps and Third Party Services must be cancelled directly through the Duda App Store or with the applicable third party provider, and cancelling Your Duda subscription does not cancel them or relieve You of any obligation to pay for them.
3. Duda reserves the right to establish the price for every Service We offer. We may change the price of any Service at any time, in Our sole discretion. We reserve the right to charge a price for a Service that was previously offered for free. If We decide to increase the price of Service for which You are subscribed, We will notify You. Where applicable law requires notice of a fee change to be given within a specified period before the change takes effect, or requires that notice to include information about how to cancel, We will provide notice in accordance with that law. We do not need to notify You if We decide to raise the price of a Service for which You are not subscribed.

To prevent interruptions, we automatically renew our services at the end of the subscription period, unless you cancel your plan through the Platform. Prices may change so please pay attention to any notifications we send via email.

4. Money Back Guarantee. For most subscription Services, We generally offer a full, thirty (30) day money-back guarantee. If You request for cancellation of the subscription Services within the first thirty (30) days of Your original purchase of a subscription-based Service, the fees that Duda has received from You will be refunded. No refunds will be provided for subscription-based Services after the thirty (30) day guarantee period. For monthly subscription Services, You are welcome to cancel at any time without obligation to pay for additional monthly payments.
   1. Some products and services are not eligible for refund; unless otherwise provided by law, all purchases of these types of products and services are final and non-refundable:
      1. All set-up fees, one-time or annual, in connection with Services, including but not limited to hire an expert and custom website design services;
      2. Premium Images; and
      3. Any other product or service marked with a designation such as “Non-Refundable.”
   2. If and when participating in a free trial of a Service, You shall have the right to use the Service for the duration of the free trial without charge until the expiration date of the trial at which point Services shall be discontinued if You do not elect to purchase a subscription to the Service. If You do elect to purchase a subscription to the Service, the free-trial period shall be considered concurrent with the thirty (30) day guarantee period and no further thirty (30) day guarantee period will be offered. Note that the functionality of Services during a free trial period may differ than the functionality of a paid subscription term.

For most monthly subscription services you purchase directly from Duda, you can request a refund within the first 30 days of your purchase. Check the terms of purchase carefully, because some products aren’t refundable.

5. Late Fees. If We do not receive Your full and complete payment by the due date, We may charge You a late fee on the unpaid balance and may also terminate or suspend Your Service. The fee will be calculated at the maximum percentage permitted by applicable law, not to exceed 1.5 percent per month. In the event We utilize a collection agency or resort to legal action to recover an unpaid balance, You agree to reimburse Us for all expenses incurred to recover such unpaid balance, including reasonable attorneys’ fees and costs. If You fail to pay on time and We refer Your account(s) to a third party for collection, a collection fee will be assessed and will be due at the time of the referral to the third party.

You may be subject to late fees if we don’t receive payment on time.

9. USER CONDUCT; AI FEATURES & GENERATED OUTPUT

1. User Conduct. In connection with Your use of the Services, You agree to abide by all applicable local, state, national and international laws and regulations. You must not, nor allow or facilitate a third party to, violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others, Our Policies or the operational or security mechanisms of the Services, and without limiting the foregoing:
   1. You may not use (i) the Sites, (ii) the Services, or (iii) any Duda Content or Your Content (collectively, “Content”) to:
      1. promote, conduct, or contribute to fraudulent, obscene, pornographic, inappropriate or illegal activities as determined by Us at Our sole discretion, including without limitation deceptive impersonation, in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming, phishing or any duplicative or unsolicited messages (commercial or otherwise);
      2. interfere with the access, use or enjoyment of the Platform or the Services by others (including without limitation causing greater demand on the Services than is deemed by Us reasonable, attacks such as to harass or defame others; or promote hatred towards any group of people);
      3. harvest or otherwise collect non-public information about another user obtained through the Services (including without limitation email addresses), without the prior written consent of the holder of the appropriate rights to such information;
      4. use any Content except for the intended purposes of the Services, subject always to the terms of the Agreement;
      5. use any robot, spider, other automated device, tool-bar, web-bar, web-client, software, routine or manual process to monitor or scrape information from the Services, or bypass any robot exclusion request;
      6. use or access the Services to develop a product or service that is competitive with the Services, or engage in competitive analysis or benchmarking; and
      7. permit, direct or encourage any third party, including Your Clients, to engage in any of the prohibited activity above.
   2. In addition, You may not:
      1. alter, modify, delete, forge, frame, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise any part of the Services, any Duda Content, or features;
      2. access or attempt to access any of Our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Services;
      3. decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Services except if and to the extent permitted by applicable law;
      4. abuse or use any other means to affect or manipulate the Services in general or the prices quoted through the Services; and/or
      5. Engage in activity or use language that is threatening, abusive, harassing, defamatory, libelous, offensive, profane against any of our customers, users, employees, representatives, or any third party as determined by us in our sole discretion.
   3. We are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any of Your Content. We shall not be liable to You or any third party for Your Content in any way, including, but not limited to, any mistakes, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing uses related to Your Content.
2. Generated Output. From time to time, some features may use artificial intelligence or machine learning to generate content, recommendations or other output (“AI Features”). Certain features of the Platform or Services permit You to provide prompts or other input (collectively, “Input”) in order to receive output generated by artificial intelligence platform or tool and returned by the Platform or Services based on such Input (“Output”). You agree not to state or suggest that Output was human-generated when it is not. The Platform and Services are not intended to be used, and You agree not to use, or permit any third party to use, the Platform or Services to generate any Output, for:
   1. any illegal activity;
   2. child sexual abuse material or any content that exploits or harms children;
   3. generation of hateful, harassing, or violent content;
   4. generation of viruses or malware;
   5. any activity that has high risk of physical harm;
   6. any activity that has high risk of economic harm;
   7. fraudulent or deceptive activity;
   8. adult content, adult industries or dating apps;
   9. political campaigning or lobbying;
   10. activity that violates people’s privacy;
   11. unauthorized practice of law or offering tailored legal advice without a qualified person’s review;
   12. offering tailored financial advice;
   13. diagnosing a certain health condition, or providing treatment instructions; providing diagnostic or treatment services for serious medical conditions; triaging or managing life-threatening issues that need immediate attention; or
   14. high risk decision-making.
3. In addition, You will comply with any Product Terms related to AI Features and Output, and with any third party terms, guidelines, policies or the like to which We link in connection with Your generation of Output.
4. Ownership of Input and Output. As between You and Us, and to the extent permitted by applicable law, You own all Input and, subject to Your compliance with these Terms and solely to the extent We obtain any ownership in any copyrights of Your Output, We hereby assign to You Our ownership interest in such copyrights to Your Output. You are responsible for all Input and Output, including for ensuring that it does not violate any applicable law or these Terms. Your Input and Output is deemed to be part of Your Content for purposes of these Terms.
5. Similarity of Output. Due to the automated content generation, Output may not be unique across users and the Platform and Services may generate the same or similar output for You, Duda, or a third party. Other users may also provide similar Input and receive the same or similar Output. Responses that are requested by and generated for other users are not considered Your Output. You hereby irrevocably release, acquit, and forever discharge, and agree not to sue, Duda or any of its affiliates, or any of their employees, officers, directors, or representatives with respect to any liability for direct or indirect copyright, trademark or other infringement, misappropriation or violation of any rights with respect to the Output.
6. Accuracy. Use of the Platform or Services may in some situations result in incorrect Output that does not accurately reflect real people, places or facts. You agree to evaluate and be responsible for the accuracy of any Output as appropriate for Your use case.
7. Limitations of AI-Generated Output. You acknowledge and agree that, in addition to the limitations and restrictions set forth in these Terms, there are numerous limitations that apply with respect to AI-generated Output due to the fact that it is automatically generated, including that (a) it may contain errors or misleading information, (b) AI systems are based on predefined rules and algorithms that lack the ability to think creatively and come up with new ideas and can result in repetitive or formulaic content, (c) AI systems can struggle with understanding the nuances of language, including slang, idioms, and cultural references, which can result in Output that is out of context or does not make sense, (d) AI systems do not have emotions and cannot understand or convey emotions in the way humans can, which can result in Output that lacks empathy and emotion that humans are able to convey, (e) AI systems can perpetuate biases that are present in the data used to train them, which can result in Output that is discriminatory or offensive, (f) AI systems can struggle with complex tasks that require reasoning, judgment and decision-making, (g) AI systems require large amount of data to train and generate content, and the data used to train AI systems may be of poor quality or biased, which will negatively impact the accuracy and quality of the generated Output, and (h) AI-generated Output can lack the personal touch that comes with content created by humans, which can make it seem cold and impersonal.
8. AI Transparency; Markings. You acknowledge that the AI Features of the Services are artificial intelligence systems and that Output is generated by artificial intelligence. Duda may apply watermarks, metadata, content credentials or other machine-readable provenance or disclosure markings to Output.
   1. You will not, and will not permit Your Clients to, remove, alter, obscure or disable any such marking or any notice identifying a feature as an artificial intelligence system, or use any such feature in a manner that circumvents them.
   2. You are responsible, as deployer, for making any disclosure, notice, label or marking required by applicable law in connection with Your or Your Clients’ use of the AI Features or publication of Output, including any obligation to disclose that image, audio or video Output constitutes artificially generated or manipulated content, and to disclose that text Output published to inform the public on matters of public interest is artificially generated where no natural person has taken editorial responsibility for it.
   3. You will ensure that Your Clients are bound by, and comply with, obligations at least as protective of Duda as this provision. Duda does not provide legal advice, and use of the AI features does not ensure Your or Your Clients’ compliance with Regulation (EU) 2024/1689 (the EU Artificial Intelligence Act) or any other law governing artificial intelligence.
9. Third Party AI Providers. AI features may be provided, powered, hosted, processed or supported in whole or in part by third party providers, and Your use may be subject to those providers’ terms, policies, usage restrictions, availability and technical limits. You will not use any AI feature in violation of the acceptable use, usage or content policies of any third party artificial intelligence provider that powers it. Where We are required by a third party provider to restrict or terminate Your use of an AI feature, We may do so. We may modify, limit, suspend or discontinue any AI feature if a third party provider changes its technology, terms, pricing, availability, restrictions or service. No third party provider terms expand Duda’s obligations or reduce Duda’s rights, disclaimers or limitations of liability under these Terms.
10. Human Review. You are solely responsible for reviewing, editing, approving and determining whether all Output is appropriate before using, publishing, distributing or relying on it. You will not represent to Your Clients or any third party that Output has been verified, approved or endorsed by Duda, and You will not use Output to train, fine-tune, develop or improve any machine learning model or artificial intelligence system that competes with the Services.
11. Your Clients. If You make any AI feature available to Your Clients, You will ensure that Your Clients are bound by terms at least as protective of Duda as this Section “User Conduct; AI Features & Generated Output”, and You remain responsible for Your Clients’ compliance and for all Input, Output and AI Credit consumption attributable to Your account.
12. AI Credits. We may make certain AI features available through usage-based AI Credits. AI Credits are non-monetary usage units used solely to access eligible AI features within the Platform. AI Credits are not a currency, gift card, stored-value instrument or other financial instrument, have no cash value, are non-transferable, and may not be sold, exchanged, redeemed for cash or used outside the Services. AI Credits are non-refundable except as expressly stated by Duda or as required by applicable law.
    1. We may allocate AI Credits to Your account based on Your plan, product package, promotion, trial, purchase or other criteria determined by Duda. Use of AI features may consume AI Credits, and the number consumed may vary based on the feature used, request type and complexity, Input, Output, model type, frequency of use, third party provider costs, Our costs, product packaging and other factors determined by Duda. We may change which AI features require AI Credits, the number of AI Credits required, and the method used to calculate AI Credit usage, at any time. Our records are final and control for purposes of calculating AI Credit allocation and consumption, including in the event of any discrepancy between Our records and Your records or any third party records.
    2. Unless otherwise stated by Duda, (a) AI Credits included with an eligible plan are provided monthly, expire at the end of the applicable monthly period and do not roll over, and (b) purchased top-up AI Credits expire twelve (12) months after purchase and do not roll over. We may delete, expire or forfeit unused AI Credits when Your subscription, Your account or Your access to the applicable AI feature expires or is cancelled, suspended or terminated. If Your account does not have sufficient AI Credits or reaches applicable usage limits, We may require You to purchase additional AI Credits, upgrade Your plan, wait until AI Credits renew, or stop using the applicable AI feature.
13. Changes to AI Features. AI features are evolving. We may change, limit, suspend, discontinue, rename, repackage or modify any AI feature, AI Credits, AI Credit allocations, AI Credit usage, credit balances, eligible AI features, models, providers, output types, usage limits or related functionality at any time. No such change gives rise to any refund, credit or other compensation.
14. Beta AI Features. From time to time We may designate an AI Feature as alpha, beta, early access, preview or limited release (each, a “Beta AI Feature”). Access to a Beta AI Feature may be limited by account type, user role, usage volume, site generation volume, geography, technical capacity or other criteria determined by Duda, and We may modify, limit, suspend or discontinue any Beta AI Feature at any time with or without notice. Beta AI Features are provided “AS IS” and “AS AVAILABLE” without warranties of any kind and are excluded from any service level, support, uptime or availability commitment. We may make limited use of a Beta AI Feature available at no additional charge, and usage above applicable limits may require AI Credits, paid top-ups, an eligible plan or other payment authorization. No refund, credit or other compensation is due in respect of any Beta AI Feature or any AI Feature made available at no additional charge.

You’re responsible for anything posted on the sites created through our platform. You can’t post content that is harmful, illegal, or exploitative. You must respect our intellectual property. You must use AI content generation tools that we make available responsibly and in compliance with any applicable rules. To the extent we have the right to assign the copyrights in your output to you, we do so, but you acknowledge that there may not be any proprietary rights or anything unique in that output. You also acknowledge that AI systems have a wide variety of limitations, and you use any AI generated output at your own risk. If the law requires you to label or disclose AI-generated content, that is your responsibility, not ours, and you can’t remove our AI markings. AI features may use AI Credits. Credits have no cash value, generally expire monthly, and are forfeited if you cancel.

10. TERMINATION

We may, in Our sole discretion and without liability to You or any third party, suspend or terminate Your account and refuse any and all current or future access to and use of the Services (or any portion thereof). Grounds for such termination include the following: extended periods of inactivity, non-payment, loss, theft or unauthorized use of Your Registration Data, violation of the letter or spirit of this Agreement, violation of the User Conduct guidelines (as described in the Section titled User Conduct; AI Features & Generated Output), providing content that is inappropriate or offensive in Our discretion, or if We have reasonable grounds to suspect any of the Registration Data that You provided is inaccurate, not current or incomplete.

1. Site Deletion due to Inactivity. If You build a Site on the Platform and fail to publish or edit that Site for six months or longer, Duda may, at Duda’s discretion, delete such Site with or without notice to You. If You delete Your account but still have published Sites, Duda reserves the right, but is under no obligation, to delete Your Sites.

We can terminate your services for the reasons listed in this Section. If you build sites and abandon them for a period of six months, those sites may be deleted.

11. RELEASE & DISPUTES WITH OTHERS

You are solely responsible for Your interaction with Your Clients, the End Users, other users of the Services and other parties with whom You come in contact through Your and their use of the Platform, Sites and Services. We reserve the right, but have no obligation, to monitor and/or manage disputes between You and other users of the Services. If You have a dispute with one or more third parties (including, but not limited to, Your employees, Your Clients, or End Users), You release Us (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If You are not located in California, You hereby waive any law of any other jurisdiction of similar effect.

We aren’t responsible nor are we obligated to get involved in any disputes you have with third parties such as your employees, customers, or website visitors. We don’t have a direct relationship with your customers or website visitors, so any complaints from third parties will be handled directly by you.

12. DISCLAIMERS OF ALL WARRANTIES

DUDA’S CONTENT, THE PLATFORM, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, IMPLIED WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, SATISFACTORY QUALITY AND NON-INFRINGEMENT.

WITHOUT LIMITING THE ABOVE, (I) WE MAKE NO WARRANTY THAT THE PLATFORM, YOUR SITES, THE SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, ACCURATE, CORRECT, COMPLETE, OR AVAILABLE; (II) WE DO NOT ENDORSE OR APPROVE ANY OF YOUR CONTENT OR CONTENT PROVIDED BY ANY THIRD-PARTY AND DISCLAIM ALL LIABILITY WHATSOEVER THERETO; AND (III) WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF YOUR SITE(S), THE SERVICES, OR THE CONTENT IN TERMS OF ITS CORRECTNESS, COMPLETENESS, RESULTS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE.

Our platform is provided as is and we don’t make any legal warranties regarding the quality of our services.

13. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THE PLATFORM OR THE SERVICES (INCLUDING WITHOUT LIMITATION THE USE OF ANY CONTENT, INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THE PLATFORM OR THE SERVICES), (II) ACTION OR INACTION IN CONNECTION WITH THE AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) STATEMENTS OR CONDUCT OF YOU OR ANY THIRD PARTY ON THE DUDA WEBSITE OR YOUR SITE, INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS THEREON; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

1. All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between Us and You.
2. You agree that any claim or cause of action arising out of or in connection with the Platform, the Services, the Content or the Agreement must be filed within 6 months after such claim or cause of action arose or be forever barred, except where a shorter period is not permitted by applicable law, in which case the shortest period permitted by applicable law will apply.
3. In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, You agree that Our aggregate liability shall not exceed the amount paid by You to Us pursuant to this Agreement.

We won’t be liable for damages unless required by law.

14. INDEMNIFICATION

YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL CLAIMS, LIABILITIES, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED) RELATED TO IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THE SERVICES OR THE DUDA CONTENT, (II) YOUR CONTENT, (III) YOUR SITES (IV) YOUR CLIENTS’ SITES (V) YOUR VIOLATION OF ANY OF THE TERMS OF THIS AGREEMENT OR ANY APPLICABLE LAWS OR REGULATIONS (VI) YOUR OR YOUR CLIENTS’ USE OF, OR BREACH OF THE TERMS GOVERNING, ANY THIRD PARTY SERVICE OR DUDA APP, OR (VII) ANY INPUT OR OUTPUT.

1. We will provide You with written notice of such a claim. You will not enter into any settlement or compromise of any such claim without Our prior written consent. We may assume the exclusive defense and control of any matter subject to indemnification by You. In all events, You shall cooperate fully in the defense of any claim.

If someone brings a claim against us related to your use of our services, you will pay the cost of any of our damages and expenses.

15. THIRD PARTY SERVICES

In connection with Your use of the Services, You may be made aware of services, products, offers and promotions provided by third parties. Third Party Services are governed by the Product Terms and the applicable third-party terms and conditions. If You decide to use such Third Party Services, You are responsible for reviewing and understanding the terms and conditions governing such Third Party Services, and acknowledge that the third party is responsible for the performance of such services.

1. You acknowledge and agree that Duda acts solely as an intermediary platform between You and any Third Party Services, regardless of how a Third Party Service is offered to You, and does not in any way endorse the Third Party Services, or shall be in any way responsible or liable with respect thereto. Duda will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between You and any Third Party Services. For additional terms governing Third Party Services, please see the Product Terms.
2. Third Party Content. The Services allow You to import, link to or embed images, animations, videos, audio, fonts, code, text and other content that is hosted on third-party websites or is owned or provided by You or other third parties (“Third Party Content”). Third Party Content is not owned by Duda. If Third Party Content ceases to be available or accessible, any portion of Your Sites or Client Sites that references it will not work, and Duda has no responsibility or liability for that result. Your use of Third Party Content is subject to these Terms and, if applicable, to the terms of use or end user license agreement of the third party owning or providing it.
3. No License Warranty. Duda does not warrant that any Third Party Content or any other Content embedded in, imported into or displayed on a Site or Client Site, whether generated via automatic import or placed manually by You or Your Clients, is licensed or cleared for use in Your jurisdiction or for Your intended use. You are solely responsible for obtaining and maintaining all licenses, permissions, releases, consents and usage rights, and for satisfying the requirements of fair use or any equivalent doctrine, required for Your use of any such Content. Additional restrictions on images and other stock media made available through the Services are set out in the Product Terms.
4. Removal. Duda may, at any time and in its sole and exclusive discretion, remove any Third Party Content from the Services, disable access to any Third Party Content, and suspend, disable access to or remove from Your account or the Services any Third Party Service, whether or not incorporated into or made part of Your account, Your Sites or Your Client Sites at the time, in each case without any liability to You, Your Clients or any End Users.

You may see offers from third parties through our service (for example Apps, images, or add-on tools). These third party services are offered for your convenience and we aren’t responsible for them, so please do your own vetting. The third party services are governed by their own terms, which are separate from ours. We also don’t check whether images, fonts, videos or other content you add to a site are licensed for your use. That’s on you.

16. COPYRIGHTED MATERIALS, INFRINGEMENT NOTICES AND TAKEDOWN

YOU SHALL NOT USE THE SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

1. We have adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances of Duda users who infringe or are believed to be infringing the rights of copyright holders:
1. If You believe that any material contained on a Site infringes Your copyright, You should notify Duda’s Designated Agent listed below by mail or email with the following information required under 17 U.S.C. § 512:

   Attn:
   Duda Legal
   1025 Cannon St. Louisville, CO 80027
   legal@duda.co

2. Your notice to the Designated Agent should be in English and contain the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Services; (d) information sufficient to permit Us to contact You, such as Your physical address, telephone number and e-mail address; (e) a statement by You that You have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by You that the information in the notification is accurate and, under penalty of perjury that You are authorized to act on the copyright owner’s behalf.
2. The Copyright Agent will only respond to any claims involving alleged copyright infringement. Notwithstanding this Section “Copyrighted Materials, Infringement Notices and Takedown”, We reserve the right at any time and in Our sole discretion, to remove content which in Our sole judgment appears to infringe the intellectual property rights of another person.

We respect the IP rights of others. If you suspect copyright violations, please follow these instructions.

17. COMPLAINTS HANDLING; MEDIATION; GOVERNING LAW AND EXCLUSIVE COURTS

1. Internal Complaint Handling. If You have a complaint regarding Our Services You can lodge Your complaint by emailing legal@duda.co.
1. We attempt to resolve all complaints as swiftly and as effectively as possible, and try to address any issues raised to the best of Our ability, taking into account the importance and complexity of the issue raised. Once We have reviewed Your complaint, We will communicate to You the outcome of the review.
2. If You are established in the European Economic Area or the United Kingdom, You may use this process to raise complaints concerning: (i) alleged non-compliance by Us with Our obligations under Regulation (EU) 2019/1150 (the Platform-to-Business Regulation) where that alleged non-compliance affects You; (ii) technological issues relating directly to the provision of the Services and affecting You; and (iii) measures taken by Us, or Our conduct, insofar as it relates directly to the provision of the Services and affects You.
3. Mediation (EEA and United Kingdom customers). If You are established in the European Economic Area or the United Kingdom and a complaint submitted under the Internal Complaint Handling section above remains unresolved, You may refer the matter to mediation. Duda is willing to engage with the following mediators for this purpose: (i) JAMS (jamsadr.com) and (ii) the Centre for Effective Dispute Resolution (cedr.com). Mediation is voluntary, is conducted in English, and each party bears its own fees, costs and expenses. Nothing in this Section “Complaints Handling; Mediation; Governing Law and Exclusive Courts” requires either party to mediate before seeking relief in court, and referral to mediation does not extend any limitations period under this Agreement except as required by applicable law.
4. Jurisdiction; Governing Law. This Agreement, and all claims or causes of action arising out of or relating to it, will be governed by the laws of the State of Delaware, without regard to its conflict of laws principles. The parties irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Wilmington, Delaware for any dispute arising out of or relating to this Agreement, and waive any objection based on forum non conveniens. Notwithstanding the foregoing, (a) either party may seek temporary or preliminary injunctive relief to prevent infringement or misappropriation of intellectual property in any court of competent jurisdiction, and (b) Duda may bring an action to collect amounts due under this Agreement in any court having jurisdiction over You. EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.
5. Nothing in this Section “Complaints Handling; Mediation; Governing Law and Exclusive Courts” limits any right You may have under applicable law, including Regulation (EU) 2019/1150 and Regulation (EU) 2022/2065 (the Digital Services Act), to pursue a complaint or out-of-court dispute settlement in Your jurisdiction of establishment.

If you have a complaint about our services, contact legal@duda.co so we can try to resolve it internally. This agreement is governed by Delaware law, and any court case has to be brought in Delaware. You and Duda each give up the right to a jury trial and the right to bring or join a class action. If you’re in the EEA or the UK, you can also ask to mediate.

18. FORCE MAJEURE

Duda will not be liable for, nor be deemed to be in default of or to have breached any provision of these Terms as a result of, any delay, failure in performance, or interruption of the Platform or the Services resulting directly or indirectly from natural disasters, acts of civil or military authorities, civil disturbances, wars, terrorism, fires, transportation contingencies, pandemics or epidemics, labor disputes, acts or omissions of hosting, telecommunications, payment or other third party providers, denial of service or other malicious attacks, interruptions in telecommunications, Internet or utility services, changes in applicable law, or any other occurrence beyond Duda’s reasonable control. Duda will use commercially reasonable efforts to restore performance.

1. Your payment obligations are absolute and unconditional. No event described in this Section “Force Majeure”, and no other cause whatsoever, excuses, suspends, delays or reduces Your obligation to pay all amounts when due, and no such event entitles You to any refund, credit, service level remedy or other compensation. You will pay all amounts due without setoff, deduction or counterclaim.

If something outside our control disrupts the service, we aren’t liable for it. You still have to pay your bill on time, and you can’t withhold or reduce payment because of a service problem.

19. MISCELLANEOUS

1. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction. You agree that no joint venture, partnership, employment, franchise or agency relationship exists between You and Us as a result of the use of the Services.
2. This Agreement comprises the entire agreement between You and Us, states Our and Our suppliers’ entire liability and Your exclusive remedy with respect to the Services, and supersedes all prior agreements pertaining to the subject matter thereof. If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect.
3. The section titles in this Agreement are solely used for convenience and have no legal or contractual significance. Any explanation or summary under the “#InPlainEnglish” heading is provided for convenience, and in no way defines any section or legally binds either party.
4. No provision of the Agreement shall be construed against Us but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis after opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of this Agreement.
5. Survival. Any provision of the Agreement that contemplates performance or observance subsequent to termination or expiration of the Agreement (including, without limitation, confidentiality, limitation of liability and indemnification) will survive termination or expiration of the Agreement and continue in full force and effect thereafter.

These terms and the policies are the final and complete agreement between us. If one section of these terms is invalid, it doesn’t invalidate the whole agreement. The headings and “InPlainEnglish” sections are for convenience only and are not legally binding.

20. EU DIGITAL SERVICES ACT

If You are an EU resident, the following Digital Services Act (DSA) disclosures apply. Communications regarding the DSA should be directed to Duda’s legal team (legal@duda.co). These Terms explain the restrictions on the use of the Services and how Duda monitors and enforces those restrictions. Users of the Platform may contact legal@duda.co if they believe any content on any Service is illegal.

1. You may have the right to submit a complaint, free of charge, about the following decisions relating to Your Content or Your Clients’ content that We have deemed illegal or in violation of these Terms: (a) removal of, or restriction of the visibility of, such content; (b) suspension or termination of Your account, or a whole or partial ban on Your use of the Services; and (c) restrictions on the ability to monetize such content.
2. To submit a complaint, email legal@duda.co and describe in detail why You believe Our decision was in error. Your description must include Your full name, the email address used to obtain the Services from Us, and a copy of the decision You received from Us. You may also have a right to submit the dispute to an out-of-court dispute settlement body certified by the applicable Member State Digital Services Coordinator. If You frequently submit illegal content notices or manifestly unfounded notices or complaints, We may suspend Your account as permitted by the DSA.

21. CONTACTING US

If You have any questions about these Terms, please contact Us via email at legal@duda.co.