Terms of service

Terms of Service Version: 2.0 Effective Date: January 1, 2025

This Terms of Service (this "Agreement") is a binding contract between you ("User," "you," or "your") and DEMAVIAS, LLC, a Delaware limited liability company doing business as Di-Atomic.com (the "Company," "we," "us," or "our"). By accessing or using the Services (as defined below), you agree to be bound by this Agreement. If you are entering this Agreement on behalf of an entity, you represent and warrant that you have the authority to bind that entity, and "you" and "your" will refer to that entity.

If you do not agree to this Agreement, do not access or use the Services. This Agreement incorporates by reference the Company's Privacy Policy (available at [insert URL]), which includes details on data processing.

1. Definitions

• "Content" means all data, text, information, graphics, AI-generated materials, or other content processed or generated through the Services.
• "Personal Data" means any information relating to an identified or identifiable natural person, as defined under applicable laws (e.g., GDPR).
• "Services" means the B2B Lead Generation and Campaign Automation Platform, including all modules, workflows, AI processing, and outputs as described in Section 3.
• "User Content" means any data, product descriptions, or other materials you upload or provide to the Services.
• Other terms (e.g., "ICP," "Outputs") have the meanings given in Section 3.

2. Eligibility and Account

You must be at least 18 years old and have the legal authority to enter this Agreement. You represent that your use of the Services complies with all applicable laws, including data privacy and anti-spam regulations. To access the Services, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. The Company reserves the right to refuse or terminate access at any time, without liability.

3. Description of Services

The Services are a Software-as-a-Service (SaaS) platform for automated B2B marketing intelligence and lead generation, operating through interconnected workflows (e.g., on the n8n platform) that process User Content on scheduled intervals (non-real-time, with 15-minute to 1-hour polling). Core modules include:

• Product Content Enrichment: AI analysis (via OpenAI) of your product descriptions to generate marketing collateral (e.g., short/detailed descriptions, key benefits, value propositions, ICP summaries, competitor analysis) in supported languages (e.g., English, German, Spanish). Outputs: Up to 16 enriched fields per product.
• ICP Discovery and Research: Web scraping, market research (Perplexity AI), and AI processing (Anthropic) to generate 20-30 Ideal Customer Profiles (ICPs) with details like industry, job titles, SIC codes, and conversion scores.
• Campaign Planning and Email Generation: AI-driven creation of outreach strategies and email sequences (up to 7 emails per campaign) using OpenAI, with personalization and A/B testing elements.
• Prospect and Contact Discovery: Generation of search tasks, company scraping (Google Maps API), contact enrichment, and email validation. Outputs: Validated databases of companies and contacts.
• Export and Integration: Ready-to-deploy campaign packages for platforms like SmartLead, Instantly, EmailBison stored in Airtable or Xano for orchestration.

The Services rely on third-party dependencies (e.g., OpenAI for AI, Brightdata for data enrichment) and are provided "as is." Processing time varies (e.g., 2-5 minutes for enrichment); no real-time guarantees. Outputs may include Personal Data (e.g., contacts) subject to privacy laws. The Company may update the Services without notice, and availability is not warranted.

4. Fees and Payment

Access may require Fees as specified in your subscription plan or order form. Fees are non-refundable, exclusive of taxes (which you must pay), and in U.S. Dollars. The Company may change Fees with 30 days' notice. Late payments accrue 1.5% monthly interest. Chargebacks may result in termination.

5. User Content and Conduct

You grant the Company a worldwide, irrevocable, royalty-free license to use, modify, and process User Content to provide the Services. You represent that User Content does not infringe rights and complies with laws. You must not: (a) Use the Services for illegal activities, spam, deceptive marketing, or violations of third-party TOS (e.g., no unauthorized data scraping); (b) Rely on AI Outputs without independent verification—they may contain inaccuracies or "hallucinations"; (c) Process Personal Data without a legal basis (e.g., legitimate interest or consent under GDPR/CASL); (d) Resell or redistribute Outputs.

You must comply with anti-spam laws (e.g., include unsubscribe links, accurate sender info under CAN-SPAM). The Company may remove violating Content and terminate access.

6. Intellectual Property

The Company owns all rights in the Services, workflows, and Outputs (except User Content). You receive a limited, revocable license to use Outputs for internal B2B purposes only. No transfer of IP occurs.

7. Data Privacy and Retention

We process Personal Data per our Privacy Policy. You consent to such processing and warrant compliance (e.g., obtaining consents for contacts). Retention: Product/ICP data indefinite; contacts 2 years (inactive) or 5 years (engaged); tasks 90 days. Data may be deleted upon termination. You indemnify for privacy violations.

8. Warranties and Disclaimers

You warrant Outputs verification and legal compliance. THE SERVICES ARE "AS IS" WITHOUT WARRANTIES, INCLUDING FOR ACCURACY, AVAILABILITY, OR NON-INFRINGEMENT. The Company disclaims liability for third-party issues (e.g., API outages), data quality, or regulatory compliance.

9. Limitation of Liability

THE COMPANY'S AGGREGATE LIABILITY SHALL NOT EXCEED FEES PAID IN THE PRIOR 12 MONTHS. NO LIABILITY FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR FINES, EVEN IF ADVISED.

10. Indemnification

You indemnify and hold harmless DEMAVIAS, LLC, its affiliates, officers, directors, employees, agents, and sole member from claims arising from: (a) your use; (b) User Content; (c) law violations (e.g., GDPR fines); or (d) third-party disputes.

11. Termination

Either party may terminate with notice. Upon termination, cease use and delete Outputs. Surviving sections: 6-10, 12-13.

12. Governing Law and Disputes

Governed by Delaware law. Disputes via binding arbitration in Wilmington, DE, under AAA rules; no class actions. Prevailing party recovers fees.

13. Miscellaneous

Entire agreement; supersedes priors. Company may assign; you may not. Force majeure excuses delays. Amendments by Company effective upon notice; continued use = acceptance. Invalid provisions severed.

Acceptance: By using the Services, you accept this Agreement.

DEMAVIAS, LLC By: Martin Shein Its: Sole Member