DestinyAI Customer Terms

Terms of Service

Effective Date: January 1, 2026

These Terms of Service govern access to and use of destinyai.com, the DestinyAI platform, Rex, dashboards, uploads, integrations, and related services provided by Destiny AI LLC, California, USA.

By creating an account or using DestinyAI, you agree to the Terms of Service. The Privacy Policy and GDPR Compliance Notice explain how data is collected, used, protected, retained, and how privacy rights may be exercised, and are incorporated by reference where applicable.

If a customer signs a separate written order form or customer agreement with Destiny AI LLC, that written agreement controls only where it expressly conflicts with these website Terms for that customer.

1. Acceptance of Terms

By accessing or using destinyai.com, the DestinyAI platform, Rex, dashboards, uploads, integrations, smart upload, notifications, support, or related services, you agree to these Terms on behalf of yourself and any business or organization you represent. If you do not agree, you may not use the Services.

2. Description of Services

DestinyAI provides an AI-powered business operating system including Rex, sales forecasting, inventory management, supplier automation, competitor intelligence, marketing campaigns, executive summaries, smart upload, notifications, support, integrations, and related tools.

The Services may include dashboards, AI-generated recommendations, forecasts, drafts, workflow suggestions, routed uploads, business memory, approval workflows, and operational insights based on data provided by the customer and connected services.

3. AI Output Disclaimer

Rex and all AI-generated outputs are informational and operational assistance only. Rex and other AI features may produce inaccurate, incomplete, outdated, biased, or unsuitable information.

Users must independently review, verify, and approve all recommendations, drafts, forecasts, decisions, emails, campaigns, supplier messages, orders, inventory changes, customer communications, smart upload routing, and other business actions before relying on them or taking action.

DestinyAI does not guarantee forecasts, revenue, profitability, accuracy, compliance, business outcomes, supplier outcomes, campaign outcomes, operational outcomes, or that AI-generated outputs will be appropriate for every business situation.

DestinyAI is not responsible for losses, damages, missed revenue, business decisions, operational actions, legal issues, financial outcomes, customer disputes, supplier disputes, campaign results, or other harm caused by reliance on AI outputs.

4. No Professional Advice

DestinyAI does not provide legal, financial, tax, accounting, insurance, medical, employment, regulatory, or compliance advice. Users should consult qualified professionals before relying on any output or recommendation for those areas.

5. Owner Approval and External Actions

All emails, supplier messages, orders, customer communications, marketing campaigns, social posts, inventory changes, upload routing decisions, and other external or operational actions must be reviewed and approved by the customer before they are sent, executed, or relied on.

DestinyAI does not claim that Rex actions are automatically sent or executed unless an approved integration confirms the action. The customer is responsible for final approval and for the content, timing, legality, and business impact of approved actions.

6. Customer Data and Responsibility

Customers are responsible for the legality, accuracy, quality, completeness, and authorization of all uploaded, connected, or submitted data. Customers must have the right to upload, process, and use data submitted to DestinyAI.

Customers are responsible for maintaining backups of critical business data. DestinyAI may use customer data to provide, secure, support, and improve the Services, including powering Rex and related AI features.

7. Account Registration and Security

Users must provide accurate account information, keep credentials secure, and notify DestinyAI promptly of any unauthorized access or suspected account compromise.

8. Subscription, Billing, and Payment

Plans may include Free, Basic, Pro, and Enterprise. Paid plans are billed through Stripe or another agreed payment method.

Fees are non-refundable except where required by law or expressly agreed in a written order form or customer agreement. Enterprise plans may involve setup fees, custom pricing, manual invoices, sales-assisted onboarding, or other written commercial terms.

Payments may be due in advance. Failure to pay may result in suspension or termination of access to paid features or the Services. DestinyAI may change pricing with notice where required by law or applicable agreement.

9. Free Trials, Beta Features, and Coming Soon Features

Some features may be beta, preview, experimental, incomplete, changed, paused, or discontinued. Coming Soon features are not guaranteed until released.

DestinyAI may modify, limit, suspend, or discontinue features at any time, including AI workflows, integrations, smart upload routing, notification behavior, and dashboard modules.

10. Integrations and Third Party Services

Integrations with Stripe, Google, Microsoft, Gmail, Outlook, QuickBooks, CRMs, Google Sheets, social platforms, hosting providers, email providers, AI providers, and other third party services may rely on systems outside DestinyAI's control.

DestinyAI is not responsible for third party outages, policies, errors, security incidents, data practices, API changes, provider limits, failed connections, or unavailable integrations. Customers must comply with applicable third party terms.

11. Healthcare and Regulated Data

Users may not upload protected health information, patient data, payment card data, government IDs, highly regulated personal data, or other regulated data unless DestinyAI has expressly agreed in a separate written agreement and any required compliance agreement is in place.

DestinyAI is not HIPAA, PCI, or regulated-industry compliance-ready unless expressly agreed in writing. Customers are responsible for determining whether their data and intended use require a special compliance agreement.

12. Acceptable Use

Users may not use the Services in the following ways:

  • Use the Services unlawfully or in violation of applicable regulations.
  • Upload illegal, infringing, malicious, harmful, or unauthorized content.
  • Send spam or violate email, SMS, telemarketing, advertising, or marketing laws.
  • Use outputs for unlawful discrimination, harassment, deception, or other unlawful conduct.
  • Introduce malware, abuse APIs, scrape the platform, overload systems, bypass limits, or attempt unauthorized access.
  • Reverse engineer, decompile, copy, modify, or attempt to derive the source code, prompts, models, workflows, or underlying logic of the Services.

13. Restricted Use and IP Protection

DestinyAI owns and retains all rights, title, and interest in the platform, software, Rex, dashboards, workflows, prompts, models, methodologies, processes, technology, designs, trade secrets, branding, service marks, and related intellectual property.

Customers retain ownership of their Customer Data. Subject to these Terms, customers may use customer-specific outputs for their internal business purposes, but may not use the Services or outputs to copy DestinyAI, compete unfairly with DestinyAI, or build, train, assist, support, resell, sublicense, white-label, or commercialize a competing AI business operating system or similar product.

Customers may not reverse engineer, decompile, scrape, copy, resell, sublicense, white-label, publish, benchmark for competitive purposes, or use the Services, workflows, prompts, outputs, interfaces, dashboards, or technology to develop or assist a competing product or service.

14. Confidentiality

Both parties should protect confidential information using reasonable care. Customers must protect account credentials and must not upload or disclose confidential information they are not authorized to process.

DestinyAI's non-public software, workflows, prompts, models, designs, pricing, business processes, and technical information are confidential and proprietary.

15. Data Privacy

Use of the Services is also governed by the Privacy Policy and GDPR Compliance Notice, which explain collection, use, retention, transfers, rights, security practices, and related data practices.

The GDPR Compliance Notice explains privacy rights and data processing information. It is not a separate customer contract unless expressly stated in a separate written agreement.

16. Service Availability

DestinyAI does not guarantee uninterrupted or error-free service. Outages, maintenance, security measures, provider failures, model failures, third party failures, integration failures, network issues, and other events may occur.

DestinyAI is not liable for delays or failures caused by events beyond its reasonable control.

17. Disclaimer of Warranties

The Services are provided "as is" and "as available" to the maximum extent permitted by law. DestinyAI disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, availability, security, and uninterrupted service.

DestinyAI makes no representations or warranties regarding the accuracy of forecasts, AI recommendations, business results, campaign outcomes, supplier outcomes, operational outcomes, revenue, profitability, or compliance outcomes. Customer use of the Services is at the customer's own risk.

18. Limitation of Liability

To the maximum extent permitted by law, DestinyAI is not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, lost profits, lost revenue, lost data, business interruption, reputational harm, or losses from reliance on AI outputs.

DestinyAI's total liability is capped at the greater of the amount paid by the customer to DestinyAI in the previous three (3) months or $100, unless prohibited by law.

This limitation applies regardless of the legal theory and even if DestinyAI has been advised of the possibility of such damages.

19. Indemnification

Customers agree to defend, indemnify, and hold harmless DestinyAI, its officers, employees, contractors, and agents from claims, losses, damages, liabilities, costs, and expenses arising from customer data, customer misuse, approved external actions, legal violations, third party rights violations, breach of these Terms, or reliance on AI outputs in business decisions.

20. Termination and Suspension

DestinyAI may suspend or terminate access for nonpayment, legal risk, security risk, misuse, suspected abuse, violation of these Terms, or activity that may harm DestinyAI, customers, third parties, or the Services.

Customers may cancel according to applicable subscription terms. Cancellation is generally effective at the end of the current billing period unless a written agreement says otherwise. Fees are non-refundable except where required by law or expressly agreed in writing.

21. Governing Law and Arbitration

These Terms are governed by California law, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration in Sacramento, California under the rules of the American Arbitration Association, unless applicable law requires otherwise.

The parties waive any right to a jury trial or to participate in a class action, class arbitration, private attorney general action, or representative proceeding to the maximum extent permitted by law.

If any part of this arbitration, class action waiver, or jury trial waiver is found unenforceable, the unenforceable portion will be severed and the remaining provisions will remain in effect to the fullest extent permitted by law.

22. Changes to Terms

DestinyAI may update these Terms. Continued use of the Services after an update means acceptance of the updated Terms.

23. Contact

Questions about these Terms may be sent to DestinyAI.

Contact

info@destinyai.com

Destiny AI LLC

California, USA