DRAFT — Pending attorney review. Bracketed fields require completion before public launch.

Terms of Service

Last Updated: [DATE]  ·  Effective Date: [DATE]

PLEASE READ SECTION 13 (DISPUTE RESOLUTION; MANDATORY ARBITRATION; CLASS ACTION WAIVER) AND SECTION 11 (LIMITATION OF LIABILITY) CAREFULLY — THEY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

1. Acceptance of Terms

By accessing or using the Designable AI platform, mobile application, website, APIs, or any related services (collectively, the "Platform"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional guidelines or policies incorporated herein by reference. If you do not agree to these Terms in their entirety, you must immediately cease use of the Platform.

These Terms constitute a legally binding agreement between you and Designable AI ("we," "us," or "our"). If you are using the Platform on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Eligibility

You must be at least 18 years of age and capable of forming a legally binding contract to use the Platform. The Platform is not intended for and may not be used by minors. By using the Platform, you represent and warrant that you are at least 18 years old and have full legal capacity to enter into these Terms.

3. The Platform and AI-Generated Content

3.1 Platform Description

Designable AI is a design ideation and manufacturing marketplace platform that uses artificial intelligence, including third-party AI services (e.g., Google Cloud AI / Gemini API), to generate product concept images, schematics, technical drawings, parts analyses, and manufacturing guidance based on User-provided inputs. The Platform also connects Designers with third-party manufacturers and fabricators ("Fabricators").

3.2 Nature of AI-Generated Content

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

(a) All content generated by the Platform's AI systems — including product images, schematics, parts lists, material recommendations, dimensional estimates, manufacturing process suggestions, cost estimates, and DFM analyses — is generated by automated artificial intelligence and constitutes experimental, conceptual output only.

(b) AI-generated content is not engineering-certified, not professionally stamped, not peer-reviewed, and does not constitute professional engineering advice, product design advice, legal advice, or manufacturing certification of any kind.

(c) AI-generated content may be inaccurate, incomplete, structurally unsound, geometrically incorrect, or otherwise unsuitable for any real-world application without independent verification by qualified professionals.

(d) Dimensional estimates, material specifications, tolerances, and cost figures are approximations only and must not be relied upon for actual manufacturing without independent validation.

(e) The use of any AI-generated content for actual product manufacturing, prototyping, or commercialization is entirely at your own risk.

3.3 No Professional Services Relationship

Nothing in the Platform or in AI-generated outputs creates an engineer-client, attorney-client, architect-client, or any other professional services relationship between you and Designable AI. Designable AI is a technology platform, not an engineering firm, design consultancy, legal services provider, or manufacturing facility.

4. Intellectual Property

4.1 Designable AI Platform IP

All intellectual property associated with the Platform and its underlying technology remains the exclusive property of Designable AI. This includes the Platform's software, source code, algorithms, AI models (to the extent proprietary), user interface designs, trademarks, and all other proprietary materials. Nothing in these Terms grants you any right, title, or interest in or to any Designable AI IP except the limited right to use the Platform as expressly permitted herein.

4.2 Ownership of User Inputs

You retain ownership of any prompts, descriptions, reference images, sketches, or other content you submit to the Platform ("User Input"). By submitting User Input, you grant Designable AI a non-exclusive, worldwide, royalty-free, sublicensable license to use, process, store, reproduce, and transmit your User Input solely for the purpose of operating and improving the Platform.

4.3 AI-Generated Output Ownership

Ownership of AI-generated outputs ("Generated Content") is governed by applicable law, which is evolving. Designable AI does not assert copyright ownership over Generated Content you create using the Platform. However, you acknowledge that (a) AI-generated content may not be protectable by copyright in certain jurisdictions; (b) similar outputs may be generated for other users; and (c) Designable AI retains a perpetual license to use anonymized Generated Content to improve its services.

4.4 AI Provenance Marking and Content Disclosure

Every image the Platform generates or edits is embedded with machine-readable provenance metadata identifying it as artificially generated, together with a design identifier. This marking is applied to satisfy AI-content transparency law, including Article 50 of Regulation (EU) 2024/1689 (the EU AI Act) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules of India as amended in 2026.

(a) The provenance marking contains no personal data. It does not encode your name, email address, or account identifier. It is written as file metadata and does not alter the appearance of the image.

(b) You agree not to remove, suppress, alter, or obscure the provenance marking, and not to use the Platform for the purpose of producing generated imagery stripped of it. Circumventing this marking is a material breach of these Terms.

(c) Where you publish, distribute, or commercialize a generated image outside the Platform, you remain solely responsible for any AI-content disclosure required by the law of your own jurisdiction.

(d) Marketplace listings are renders. Images displayed on Platform product listings are AI-generated renders of a design, not photographs of a manufactured unit, and are labelled as such. Products are made to order, and the item delivered may differ from the render.

4.5 IP Infringement of Generated Content

YOU EXPRESSLY ACKNOWLEDGE THAT:

(a) AI systems may produce output that resembles existing patented designs, copyrighted works, registered trademarks, or trade dress, without Designable AI's knowledge or intent.

(b) Designable AI does not screen AI-generated outputs for intellectual property conflicts or novelty.

(c) You bear sole and exclusive responsibility for conducting any patent searches, freedom-to-operate analyses, trademark clearance, or other IP due diligence before using, manufacturing, selling, or commercializing any Generated Content.

(d) Designable AI shall have no liability whatsoever for any claim that Generated Content infringes any patent, copyright, trademark, trade secret, or other intellectual property right of any third party.

4.6 DMCA Safe Harbor

Designable AI respects intellectual property rights and complies with the Digital Millennium Copyright Act ("DMCA"). If you believe that content on the Platform infringes your copyright, please submit a notice to: dmca@designableai.app

5. Manufacturing, Fabrication, and Product Safety

5.1 User Sole Responsibility for Physical Products

THIS IS A CRITICAL PROVISION. PLEASE READ CAREFULLY.

You are solely and exclusively responsible for any and all physical products that are manufactured, fabricated, printed, machined, or otherwise produced using, based on, or inspired by any content generated through the Platform. Designable AI is not and will not be considered a manufacturer, designer, product liability obligor, or responsible party with respect to any such physical item.

5.2 No Engineering Sign-Off

Designable AI does not certify, approve, or warrant the structural integrity, safety, dimensional accuracy, or manufacturing viability of any AI-generated schematics, technical drawings, parts analyses, or design files. You are solely responsible for retaining qualified, licensed engineers to validate any design before manufacture.

5.3 Product Safety and Regulatory Compliance

You represent, warrant, and agree that you will not use the Platform to design, develop, manufacture, market, or distribute any product that is unsafe, defective, or dangerous. You will comply with all applicable laws governing the design, manufacture, testing, labeling, sale, import, and export of any product, including the Consumer Product Safety Act, FDA regulations, FAA regulations, CE marking, and all other applicable safety standards and building codes.

5.4 Prohibited Products

You agree not to use the Platform to design, develop, produce, or facilitate the manufacture of:

(a) Firearms, firearm components, suppressors, or any item regulated or prohibited under the National Firearms Act, Gun Control Act, or applicable state or local law;

(b) Explosives, munitions, detonators, or other devices that can cause bodily harm, structural damage, or loss of life;

(c) Biological, chemical, nuclear, or radiological weapons or components thereof;

(d) Items for use in military equipment without proper ITAR/EAR authorization;

(e) Devices designed or intended to harm, injure, stalk, surveil, coerce, or threaten any person;

(f) Consumer or children's products that do not comply with applicable safety testing and certification requirements;

(g) Counterfeit goods or products bearing unauthorized reproductions of trademarks, trade dress, or other protected marks;

(g-i) Products that reproduce protected fictional characters, video game characters, animated figures, or other character IP (including characters owned by Disney, Marvel, Nintendo, Lucasfilm, Warner Bros., Sanrio, Sega, or similar rights holders) without a valid license;

(h) Medical devices intended for human use without FDA clearance, CE marking, or other applicable regulatory approval;

(i) Drug paraphernalia;

(j) Any product the manufacture, possession, or distribution of which is illegal under applicable law.

5.5 Product Liability Indemnification

You agree to defend, indemnify, and hold harmless Designable AI and its affiliates, officers, employees, contractors, agents, licensors, and successors from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any product you designed, manufactured, distributed, or sold using the Platform, or any product liability, personal injury, or property damage claim arising from such product.

5.6 Third-Party Fabricators

Designable AI is not a party to any agreement between a Designer and a Fabricator. Designable AI does not vet, certify, endorse, or guarantee the quality, skill, reliability, safety practices, or legal compliance of any Fabricator, and does not accept any responsibility for the acts, omissions, errors, or negligence of any Fabricator.

5.7 Physics Feasibility Flags & Fabricator Risk Acceptance

PHYSICS FEASIBILITY FLAGS: The Platform automatically analyzes decomposed product designs for physical plausibility using AI-assisted and parametric engineering review. This analysis may produce advisory "physics feasibility flags" identifying concerns such as materials that may not support structural loads, wall thicknesses below manufacturing or structural limits, or dimensional implausibilities. These flags are advisory and informational only — they are not engineering certifications, professional opinions, or legal determinations.

DESIGNER ACKNOWLEDGMENT: When you submit a manufacturing order for a design that has received physics feasibility flags, you will be required to affirmatively acknowledge that: (a) you have reviewed the identified concerns; (b) you accept sole responsibility for any manufacturing outcomes, product failures, or safety incidents arising from the flagged design; and (c) Designable AI bears no liability whatsoever for any harm resulting from the manufacture or use of a flagged design.

FABRICATOR ACKNOWLEDGMENT: When a Fabricator receives a manufacturing order containing physics feasibility flags, the Fabricator must review and affirmatively accept the associated manufacturing risks before commencing production.

DESIGNABLE AI DISCLAIMER: Designable AI expressly disclaims all liability for any injury, death, property damage, product failure, or other harm arising from the manufacture or use of any design that was the subject of a physics feasibility flag. The physics feasibility review system is a best-effort advisory tool and is not a substitute for qualified engineering review.

6. Marketplace and Transactions

6.1 Platform as Intermediary

For Shop and marketplace features, Designable AI acts solely as an intermediary technology platform facilitating transactions between Designers and Shoppers. Designable AI is not a buyer, seller, manufacturer, distributor, or retailer with respect to any item listed or sold through the Platform.

6.2 Tokens, Subscriptions, and Payments

(a) Token System. Designable AI uses a virtual token system ("Tokens") to meter access to AI-powered design generation features. Tokens are non-transferable, have no cash value outside the Platform, and cannot be redeemed for money.

(b) Token Consumption. One (1) Token is consumed each time you initiate a new AI design generation session. Iterative refinements, edits, and regenerations within the same session do not consume additional Tokens.

(c) Subscription Plans. Subscription Plans auto-renew monthly at the then-current price unless cancelled before the renewal date. Unused Tokens from a billing period do not roll over and expire at the end of the period.

(d) Top-Up Packs. Tokens purchased through Top-Up Packs do not expire and remain in your account until used, subject to account termination.

(e) Refunds. If a Token is deducted and a generation fails due to a Platform error attributable to Designable AI, the Token will be automatically refunded. Except for failed generations, all Token and Subscription Plan purchases are final and non-refundable. App Store purchases are governed by Apple's refund policies.

(f) Price Changes. Designable AI reserves the right to change prices at any time. For existing subscribers, price changes will take effect at the start of the next billing period following at least 30 days' notice.

6.3 Non-Circumvention Agreement

For a period of 24 months following any introduction or connection facilitated through the Platform between any two parties, you agree not to directly contact, solicit, or transact with any Designer, Fabricator, or other user you were introduced to through the Platform in a manner that bypasses Designable AI's role as intermediary.

In the event of a breach, the breaching party agrees to pay Designable AI liquidated damages equal to the greater of: (i) 18% of the total value of all transactions conducted outside the Platform during the Non-Circumvention Period; or (ii) $10,000.00 per breach.

7. Privacy and Data Security

Your use of the Platform is subject to our Privacy Policy, incorporated herein by reference. While Designable AI implements commercially reasonable security measures, no security system is impenetrable. Designable AI cannot guarantee that your data will be free from unauthorized access. You are responsible for maintaining the confidentiality and security of your account credentials.

8. Acceptable Use

You agree not to: (a) use the Platform for any unlawful purpose; (b) attempt unauthorized access to any part of the Platform or related systems; (c) reverse engineer, decompile, or disassemble any component of the Platform; (d) use automated scripts, bots, or scrapers to access the Platform in a manner that places unreasonable load on our infrastructure; (e) impersonate any person or entity; (f) submit content that is defamatory, obscene, harassing, hateful, or that violates any applicable law; (g) use the Platform to generate content designed to deceive, defraud, or harm any third party; or (h) attempt to circumvent any content filtering, access control, or security feature of the Platform.

9. Export Controls and Trade Compliance

The Platform may not be used to design, develop, or facilitate the manufacture of items subject to ITAR, EAR, or any other export control regime without the required licenses. You represent and warrant that you are not located in, organized in, or a resident of any country subject to comprehensive U.S. sanctions, and are not listed on any applicable restricted party list.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL CONTENT, SERVICES, AND FEATURES PROVIDED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF ANY AI-GENERATED CONTENT; OR WARRANTIES THAT AI-GENERATED DESIGNS ARE STRUCTURALLY SOUND, MANUFACTURABLE, SAFE, OR FIT FOR ANY PURPOSE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DESIGNABLE AI BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, PERSONAL INJURY, OR PROPERTY DAMAGE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF DESIGNABLE AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DESIGNABLE AI'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO DESIGNABLE AI IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

12. Indemnification

You agree to defend, indemnify, and hold harmless Designable AI and its affiliates, officers, employees, contractors, agents, licensors, and successors from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) your User Input or any content you submit through the Platform; (c) any product designed, manufactured, distributed, sold, or otherwise commercialized by you using the Platform; (d) your violation of these Terms; (e) your violation of any applicable law or third-party right; or (f) any data breach or security incident resulting from your failure to maintain the security of your account credentials.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles, except that the Federal Arbitration Act shall govern all arbitration provisions.

13.2 Mandatory Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MANDATORY ARBITRATION OF DISPUTES AND INCLUDES A CLASS ACTION WAIVER AND JURY TRIAL WAIVER.

Except for disputes that qualify for small claims court, all disputes, claims, or controversies arising out of or relating to these Terms or your use of the Platform shall be resolved by binding individual arbitration administered by JAMS (or AAA if JAMS is unavailable) in accordance with its applicable rules, rather than in court. The arbitration shall be conducted in English in [City, California].

13.3 Class Action Waiver

YOU AND DESIGNABLE AI EACH AGREE THAT ALL DISPUTES SHALL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS. NEITHER PARTY MAY BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING.

13.4 Opt-Out

You may opt out of mandatory arbitration by sending written notice to legal@designableai.app within thirty (30) days of first accepting these Terms.

14. Term and Termination

These Terms remain in effect for as long as you use the Platform or maintain an account. You may terminate your account at any time by contacting us at support@designableai.app. Designable AI may suspend or terminate your access at any time, with or without cause. Upon termination, your right to access and use the Platform ceases immediately.

15. General Provisions

Modifications. Designable AI reserves the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last Updated" date and notifying you via email or in-app notification. Your continued use of the Platform after the effective date constitutes acceptance of the changes.

Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Designable AI regarding the Platform.

Severability. If any provision is found to be unenforceable, it shall be limited to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Assignment. You may not assign these Terms without Designable AI's prior written consent. Designable AI may assign these Terms freely in connection with a merger, acquisition, or sale of assets.

Contact. For questions about these Terms: legal@designableai.app