Terms of Service

These Terms of Service (“Terms”) are a binding agreement between Duda, Inc., a Delaware corporation doing business as “The Craftsman & The Machine” (“TCTM,” “we,” “us,” or “our”), and the organization or person accessing or using our websites, customer platform, and related services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

Our Privacy Policy is incorporated into these Terms by reference and describes how we collect and handle personal information.

If you have signed, or sign in the future, a separate Service Agreement, statement of work, or order form with TCTM (each, a “Service Agreement”), that Service Agreement governs the paid engagement it describes. If a Service Agreement conflicts with these Terms, the Service Agreement controls for that engagement, and these Terms continue to govern everything else — including your use of the platform.

The Services include:

• Our websites — tctm.ai and any other sites we operate that link to these Terms.
• The platform — the customer dashboard where you and your team manage projects, goals, and tasks, upload and organize assets, and interact with AI-powered agents.
• Managed services — done-for-you website design, build, hosting, maintenance, and search/answer-engine optimization work, as described in the plan you select and in your Service Agreement.

Plan descriptions on our pricing page — including page counts, update frequency, and included features — describe the scope of the plan you purchase. Work outside that scope may be quoted separately. We may impose reasonable usage limits on platform features (including AI features) to keep the Services fair and available for all customers.

The Services are designed for businesses and organizations. By using the Services, you represent that: (a) you are at least 18 years old; (b) you are using the Services on behalf of a business, organization, or other legal entity; (c) you have the authority to bind that entity to these Terms; and (d) your use of the Services does not violate any applicable law or any agreement you are bound by. “You” and “your” in these Terms refer to that entity as well as the individuals using the Services on its behalf.

The Services are not directed to children and may not be used by anyone under 18.

Some parts of the Services require an account. You agree to provide accurate, current, and complete registration information and to keep it up to date. You are responsible for safeguarding your credentials and for all activity that occurs under your account. Notify us promptly at legal@tctm.ai if you suspect unauthorized access.

Accounts belong to an organization. Organization owners control membership and are responsible for the actions of the members they invite, for managing member access when personnel change, and for ensuring members comply with these Terms. Content and data within an organization’s projects are accessible to that organization’s members; choose your members accordingly.

Paid plans are billed through our payment processor, Stripe. When you sign up for a plan, you authorize us to store your payment method. For done-for-you website plans, no charge is made until your initial website is delivered and published (“Delivery”); the first charge occurs on the Delivery date and recurring charges continue on the same day of each period thereafter, as described in your Service Agreement.

• Currency and taxes. All fees are in U.S. dollars and exclude applicable taxes, which you are responsible for (other than taxes on our income).
• Renewal. Subscriptions renew automatically each billing period (monthly or annually, per your plan) until cancelled.
• Cancellation. You may cancel at any time through your dashboard or by contacting us. Cancellation takes effect at the end of the current billing period; fees already paid are non-refundable and no partial-period refunds are issued, except where required by law or stated in your Service Agreement.
• Failed payments. If a payment fails, we allow a 7-day grace period to resolve it, after which we may suspend the Services until payment is made.
• Price changes. We may change plan pricing with at least 30 days’ notice; new pricing applies from your next billing period after the notice period.

You agree not to use the Services to submit, store, publish, or transmit content that:

• is unlawful under applicable law;
• exploits or harms minors, including any child sexual abuse material;
• infringes intellectual property, privacy, or publicity rights of any third party;
• promotes violence, harassment, or hatred, or constitutes spam, phishing, or fraud; or
• contains malware or other harmful code.

You also agree not to:

• scrape, crawl, or access the Services by automated means beyond normal browser or documented API use;
• probe, bypass, or attempt to bypass usage limits, rate limits, authentication, or security measures;
• reverse engineer, decompile, or attempt to extract the source code of the Services, except where that restriction is prohibited by law;
• resell, sublicense, or provide the Services to third parties except as part of your own business’s ordinary use;
• submit content you do not have the legal right to submit; or
• use AI features to make automated decisions that produce legal or similarly significant effects on individuals.

We may investigate suspected violations and may remove content, throttle usage, suspend access, or terminate accounts that violate this section, in addition to any other remedies available to us.

“Your Content” means the content you and your team submit to the Services — including text, images, documents, video, brand assets, project information, and messages sent to AI agents. As between you and TCTM, you own Your Content.

You grant TCTM a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, display, and create technical copies of Your Content solely as needed to provide, secure, and improve the operation of the Services — including processing Your Content through the third-party AI providers described in Section 8, publishing content to websites we build and host for you, and generating exports you request. This license ends when Your Content is deleted from the Services, except for backup copies retained for a limited period in the ordinary course and content we must retain to comply with law.

We do not use Your Content to train AI models.

You represent and warrant that you have all rights necessary to submit Your Content and that Your Content, and our use of it as described here, does not violate any law or infringe any third-party rights.

If you send us feedback or suggestions about the Services, we may use them without restriction or obligation to you.

The platform includes AI-powered agents that can chat with your team, work with your projects, goals, and tasks, and process assets you upload (“AI Features”). Content you provide to AI Features — including messages, project context, and attached files — is sent to third-party AI model providers (currently Anthropic) to generate responses. Conversation history is stored so agents can maintain context across sessions.

“Output” means content generated by AI Features in response to your inputs. As between you and TCTM, you own Output and may use it for any lawful purpose, including commercially, subject to these Terms.

AI Output is probabilistic and can be wrong. It may contain inaccuracies, fabricated statements, or content that resembles third-party material. You are responsible for reviewing Output before relying on it or publishing it, including verifying factual claims and confirming Output does not infringe third-party rights. Output is not legal, financial, medical, or other professional advice. AI-generated content may not qualify for copyright protection in all jurisdictions, and similar or identical Output may be generated for other customers.

We may impose usage limits on AI Features to keep them available and fair for all customers.

TCTM and its licensors own the Services and everything that makes them run — including the platform software, source code, templates, design frameworks and systems, site structure, and our names, logos, and branding (“TCTM Property”). Except for the limited right to use the Services as described in these Terms, no license to TCTM Property is granted. TCTM Property expressly excludes Your Content and Output.

Ownership of website deliverables we produce for you — such as page designs, copy, and site content — is addressed in your Service Agreement. As a default: you own the content of your site, and we retain ownership of the underlying code, templates, and design frameworks used to produce it. On cancellation you may request a static export of your website as described in your Service Agreement.

We use third-party providers to deliver the Services, including:

• Anthropic — AI model provider powering AI Features (terms, privacy);
• Stripe — payment processing (terms);
• Google Cloud — file storage and infrastructure.

Content you submit to AI Features is processed by the applicable AI provider under its terms and policies. Managed services may also include configuring third-party tools on your own website — such as Google Analytics and Google Search Console — which are governed by your agreements with those providers. We are not responsible for third-party services, and their availability may affect the Services.

Our Privacy Policy explains what personal information we collect, how we use it, who we share it with, and the rights available to you under applicable privacy laws. Where we process personal data on your behalf as part of the Services, you are responsible for having a lawful basis to provide that data to us.

We work to keep the Services reliable and target 99.9% uptime for hosted customer websites, but we do not guarantee that the Services will be uninterrupted, error-free, or secure. We may perform maintenance (with advance notice where practical) and may add, change, or remove features of the platform. If we discontinue a material feature you have paid for, we will provide reasonable notice.

You may stop using the Services at any time; cancellation of paid plans is described in Section 5. We may suspend or terminate your access to the Services immediately for material violations of Section 6 (Acceptable Use), for non-payment after the grace period, where required by law, or to prevent harm to the Services or others. For other reasons, we may terminate with 30 days’ written notice.

After termination or cancellation, we keep hosted websites live for 30 days as described in your Service Agreement, and you may request an export of Your Content within that period. Sections that by their nature should survive — including Sections 7, 8, 9, and 14 through 21 — survive termination.

Except as expressly stated in these Terms or a Service Agreement, the Services are provided “as is” and “as available,” without warranty of any kind, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. TCTM does not warrant that the Services will be uninterrupted, error-free, or secure, or that AI-generated Output will be accurate, complete, appropriate, or free of infringing content.

To the maximum extent permitted by law: (a) TCTM will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill, even if advised of the possibility; and (b) TCTM’s total liability arising out of or relating to the Services or these Terms will not exceed the greater of (i) the amounts you paid to TCTM for the Services in the twelve (12) months before the event giving rise to the claim, or (ii) one hundred U.S. dollars ($100).

These limitations do not apply to liability that cannot be limited under applicable law — such as liability for fraud, gross negligence, or willful misconduct. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

You will defend, indemnify, and hold harmless TCTM and its officers, directors, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Your Content; (b) your use of Output; (c) your violation of these Terms; or (d) your violation of applicable law or third-party rights. We will give you prompt notice of any claim subject to indemnification and reasonable cooperation, at your expense, in its defense.

These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-law rules. The Federal Arbitration Act governs this arbitration agreement.

Arbitration. Any dispute arising out of or relating to these Terms or the Services that cannot be resolved informally will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be seated in Denver, Colorado, before a single arbitrator, and may be conducted by videoconference where appropriate. Judgment on the award may be entered in any court of competent jurisdiction.

Exceptions. Either party may (a) bring an individual claim in small-claims court, or (b) seek injunctive or other equitable relief in court for actual or threatened infringement or misuse of intellectual property or confidential information. For any claim not subject to arbitration, the state and federal courts located in Denver, Colorado will have exclusive jurisdiction, and both parties consent to venue there.

Class-action waiver: disputes will be resolved only on an individual basis. Neither party may bring or participate in a class, consolidated, or representative action, and the arbitrator may not consolidate claims or preside over any form of representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim — and only that claim — must proceed in court.

30-day opt-out. You may opt out of this arbitration agreement by emailing legal@tctm.ai within 30 days of first accepting these Terms, stating your organization name and that you are opting out of arbitration. Opting out does not affect any other part of these Terms.

We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. Send notices to our designated agent at legal@tctm.ai with: identification of the copyrighted work, identification and location of the allegedly infringing material, your contact information, a statement of good-faith belief that the use is unauthorized, a statement under penalty of perjury that the notice is accurate and you are authorized to act for the owner, and your physical or electronic signature. We may remove or disable access to material in response to valid notices and may terminate the accounts of repeat infringers.

We may update these Terms from time to time. When we do, we will post the revised Terms with a new “Last updated” date. For material changes, we will provide notice — for example by email to your account address or a notice in the platform — at least 30 days before the changes take effect where practical. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the changes, stop using the Services and cancel your plan before they take effect.

• Entire agreement. These Terms, the Privacy Policy, and any applicable Service Agreement are the entire agreement between you and TCTM about the Services, superseding prior agreements on that subject.
• Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary, and the rest of the Terms remain in effect.
• No waiver. Our failure to enforce a provision is not a waiver of the right to enforce it later.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
• Notices. We may provide notices by email to your account address or through the platform. Legal notices to TCTM must be sent to legal@tctm.ai.
• Relationship. The parties are independent contractors; these Terms do not create a partnership, joint venture, or agency relationship.

Questions about these Terms: legal@tctm.ai. General inquiries: hello@tctm.ai.

Duda, Inc. d/b/a The Craftsman & The Machine
Louisville, Colorado, USA