Last Updated: September 2026
Duda may, from time to time, add additional Add-On Services that may include Product Terms related to such additional Add-On Services. You acknowledge and agree that by engaging a new Add-On Service, You agree to any Product Terms that may apply. You must review the Terms and these Product Terms when new Add-On Services are added to Your account. The below Product Terms apply to the following Add-On Services.
1. General
These Product Terms apply to the Services specified below and supplement, and are incorporated by reference into, whichever of the following applies to You: Your negotiated Master Services Agreement; the Duda Master Subscription Terms and Conditions located at https://www.duda.co/legal/mm-terms; or the Duda Terms of Service located at https://www.duda.co/legal/terms (in each case, the “Terms”). Capitalized terms used and not defined in these Product Terms have the meanings given to them in the Terms.
- Application Across Duda Agreements. These Product Terms apply to customers under a negotiated Master Services Agreement, customers under an Order Form, and customers who subscribe online without an Order Form. Where a term used in these Product Terms has no counterpart in Your Terms: (a) references to an Order Form mean the ordering document, online order or online ordering flow through which You subscribed to the applicable Service or, if there is none, the plan You selected at sign-up together with Duda’s then-current published pricing; (b) references to Your Total Monthly Fee mean the recurring fees payable for Your subscription under Your Terms; (c) references to Client Data mean Client Data or, where Your Terms do not use that term, Your Content; and (d) references to Your Account mean Your Duda account.
- Order of Precedence. As between these Product Terms and Your Terms, the order of precedence set out in Your Terms controls. Where Your Terms do not address precedence, the following order controls: (a) Your Order Form or other negotiated agreement, if applicable; (b) these Product Terms, solely with respect to the Service to which they apply; and (c) Your Terms. In all cases, no third-party terms referenced in these Product Terms expand Duda’s obligations or reduce Duda’s rights, disclaimers, exclusions or limitations of liability under Your Terms.
- Applicability. A Product Term applies to You only if You have purchased, activated, enabled or accessed the applicable Service, whether or not that Service is identified on Your Order Form. 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.
- Changes; New Add-On Services. Duda may add Add-On Services and may add, modify or remove Product Terms at any time by posting an updated version of this page. Changes become effective upon posting. Duda is not obligated to provide separate notice of Product Terms for a newly added Add-On Service. You should review this page when a new Add-On Service is added to Your Account. Your continued use of the applicable Service after changes are posted constitutes acceptance. If You are located in the EEA or the United Kingdom, Duda will endeavor to give You at least fifteen days notice of material changes before they take effect.
- Fees. Fees for each Service are set forth in Your Order Form or in Duda’s then-current published pricing.
- Termination of an Individual Service. Duda may suspend, disable or discontinue any individual Add-On Service or Third Party Service in accordance with the Terms without terminating the Terms or Your Account. Termination of the Terms or Your Account terminates Your right to access all Add-On Services and Third Party Services. Termination of an individual Service does not relieve You of any minimum commitment, remaining subscription term obligation or third-party term obligation.
- No-Charge and Beta Services. Any Service made available at no additional charge, or designated as alpha, beta, early access, preview or limited release, is provided “AS IS” and “AS AVAILABLE,” is excluded from any service level, uptime, availability or support commitment, and may be modified, limited, suspended or discontinued at any time with or without notice. No refund, credit or other compensation is due in respect of any such Service.
2. Third Party Services
- Scope. The Services enable You to engage, install, add or procure services and tools operated by third parties (“Third Party Providers”), including apps, images, e-commerce services, listings management, site analysis, domain connection, domain registration and AI-enabled services (collectively, “Third Party Services”).
- Duda’s Role. Regardless of how a Third Party Service is offered to You (bundled with Duda Services, offered separately by Duda, or otherwise made available through the Services), Duda acts solely as an intermediary platform between You and the Third Party Provider. Where an Order Form or Duda’s published pricing includes amounts for a Third Party Service, that pricing is a billing convenience only and addresses fees; it does not make Duda a party to Your relationship with the Third Party Provider. Duda is not responsible for monitoring any interaction or transaction between You and any Third Party Provider.
- Third Party Terms. All terms, conditions, prices and privacy practices applicable to a Third Party Service are governed by Your agreement with the applicable Third Party Provider. Your use of a Third Party Service is conditioned on Your acceptance of those terms. You are responsible for reviewing, understanding and complying with them, and for ensuring that You, Your Clients and Your Sites comply with them.
- No Endorsement; No Warranty. Duda makes no representation or warranty with respect to any Third Party Service. The availability, integration or enabling of a Third Party Service does not constitute endorsement, authorization, sponsorship or affiliation. Duda has no control over Third Party Services and will not be liable to You or anyone else for them.
- Availability and Pricing Changes. Duda does not guarantee the availability of any Third Party Service and may suspend, disable access to or remove any Third Party Service from Your Account or the Services at any time in its sole discretion, whether or not it has been incorporated into Your Account or Sites, without liability to You, Your Clients or any end user. If a Third Party Provider changes its terms, fees, restrictions, technology or availability, Duda may pass through the change, adjust the fees charged to You, or terminate or renegotiate the affected terms, in each case with no liability to Duda.
- Data. Duda may share Your data, Client Data and Registration Information with a Third Party Provider to the extent necessary to provision, operate, support or bill the applicable Third Party Service, in accordance with Duda’s Privacy Policy (https://www.duda.co/legal/privacy) and, where applicable, the DPA.
- Indemnity. You will indemnify, defend and hold harmless Duda in accordance with the Section “Indemnification” of the Terms from and against all claims, liabilities, losses and damages arising out of or relating to Your or Your Clients’ use of, or breach of the terms governing, any Third Party Service.
3. Duda App Store
- General. Duda operates an app marketplace located at https://apps.duda.co/ (the “App Store”) through which You may access optional add-on applications. Except for applications expressly identified as provided directly by Duda, all applications available through the App Store are Third Party Services governed by the terms of the applicable third-party app owner (“App Owner”), including the pricing and term on which the application is offered.
- Discounted Applications. Duda may offer discounts on App Store applications (each, a “Discounted Application”) in exchange for volume or other commitments. Where You receive a discount, Your agreement with Duda addresses pricing for the Discounted Application only. All use of a Discounted Application is governed by the applicable App Owner’s terms and privacy policy.
- Billing and Post-Termination. Fees for App Store applications are billed separately in accordance with the terms of the applicable application and are not included in Your Total Monthly Fee. If You terminate the Services, You will lose access to functionality offered through App Store applications and may be required to continue paying for them through the end of the applicable third-party term.
4. Business Plans
Duda may offer packages of Business Plan Services under one or more Business Plans. Business Plan Services currently include Duda Native Booking, Duda Native eCommerce, and Marketing Automation. Duda may rename, repackage, add, remove, or modify Business Plans and Business Plan Services as permitted by the applicable agreement.
- Use of a Business Plan Service is governed by the Duda Business Plan Terms located at https://www.duda.co/legal/ecommerce-terms (“Business Plan Terms”), which are incorporated by reference. The Business Plan Terms were formerly known as the Duda Native eCommerce and Booking Solution Terms. References to “Duda Native eCommerce,” “Duda Native Booking,” “Duda Bookings & eCommerce,” or similar legacy names mean the applicable Business Plan or Business Plan Service governed by the Business Plan Terms.
5. Client Billing
Your use of Client Billing, the Service that facilitates and enables Your receipt of payments from Your Clients, is governed by the terms located at https://www.duda.co/legal/client-billing-terms, which are incorporated by reference. Payment processing is performed by a third-party payment processor and is subject to that processor’s terms, privacy policy, tax treatment, payout schedules, reserve requirements and support levels. Duda is not a payment processor, money transmitter or party to any transaction between You and Your Clients. You are solely responsible for Your billing relationship with Your Clients, including invoicing accuracy, refunds, chargebacks, disputes and applicable taxes.
6. Simple Editor, Microsites, and Site Comments
- Simple Editor is Duda’s basic editor for limited-page Sites. Sites built in Simple Editor do not include certain advanced functionality, such as e-commerce, blogging or widgets. The functionality of Simple Editor is subject to change as simplified features are developed and released.
- Microsites. Microsites are Sites containing a limited number of pages with limited functionality (for example, text and images only, with no widgets), as defined by Duda’s internal tooling, and may be offered at a separate rate.
- Reclassification. Regardless of origin, any Site that exceeds the page count or functionality limits designated by Your purchase will be treated as a full-featured Site and billed at the Core Services rate set forth in Your Order Form. Duda’s internal tooling and records determine classification and are final and control for billing purposes.
- Site Comments. Site Comments is a collaboration tool that allows users to provide feedback on a Site through comments on the Site. You are responsible for the content of all comments submitted through Site Comments and for managing the permissions of users You grant access.
7. Cookie Consent Add-On
- Scope. Duda partners with a third-party consent management platform (the “Consent Management Platform”) to provide a cookie consent management tool for Your Sites and Client Sites (the “Cookie Consent Add-On”). The current Consent Management Platform is Termly, Inc.
- Incorporated Terms. By accessing the Cookie Consent Add-On, You agree to these Product Terms and to the terms designated by the Consent Management Platform (the “Consent Management Platform Terms”), currently located at https://termly.io/our-terms-of-use/, which are incorporated by reference. The Consent Management Platform Terms may change if the Consent Management Platform updates its terms or if Duda designates a new provider.
- Replacement Provider. Duda may, subject to applicable law, replace the Consent Management Platform or use an alternate provider to accommodate a particular use case. Duda will provide notice of the alternate or replacement Consent Management Platform Terms, and You must accept those terms to continue using the Cookie Consent Add-On. If You do not agree, Your sole and exclusive remedy is to terminate the Cookie Consent Add-On. If required, Duda will use reasonable efforts to assist You in migrating Sites to the alternative solution designated by Duda.
- Your Responsibilities. The Cookie Consent Add-On is a tool. You are solely responsible for configuring it, for determining what consent, notice and disclosure obligations apply to You, Your Clients and Your Sites under applicable law, and for compliance with those obligations. Duda does not provide legal advice, and use of the Cookie Consent Add-On does not ensure Your or Your Clients’ compliance with any privacy or consent law.
- Support and Disclaimer. The Cookie Consent Add-On includes Tier 1 support provided by Duda. The Cookie Consent Add-On is otherwise provided “AS IS,” and Duda disclaims all warranties of any kind, including any warranty that it will be uninterrupted, error free, or meet Your needs.
8. Domain Name Services
- Scope. Duda, together with a third-party registrar (“Registrar”), provides services enabling You to create, purchase, transfer and manage domain names (“Domain Name Services”).
- Incorporated Agreements. Domain Name Services are subject to the following, each incorporated by reference (the “Incorporated Agreements”). You agree to, and where applicable will cause Your Clients to agree to, the Incorporated Agreements:
- the Registrar’s Domain Name Registration Agreement;
- the Registrar’s Customer Service Agreement;
- the ICANN Registrant Rights and Responsibilities;
- the ICANN Registrar Transfer Dispute Resolution Policy;
- the ICANN Uniform Domain-Name Dispute-Resolution Policy; and
- the Registrants’ Benefits and Responsibilities.
- Registration Information. You and, if applicable, Your Clients may be required to provide information (including personal information) upon registration as required by the Registrar (“Registration Information”). Registration Information may be shared with the Registrar and otherwise in accordance with Duda’s Privacy Policy located at https://www.duda.co/legal/privacy. You are responsible for keeping Registration Information accurate, current and complete; inaccurate Registration Information may result in suspension or cancellation of a domain name by the Registrar or ICANN.
- WHOIS. You grant Duda the right to disclose mandatory WHOIS registration data publicly, including (a) the domain name; (b) registrant contact information; (c) domain information (Registrar, registration date, expiration and updated dates, status, name servers); (d) administrative and technical contacts; and (e) any other required WHOIS data.
- Renewal, Expiration and Transfer. You are solely responsible for renewing domain names and for maintaining a valid payment method. Duda has no obligation to renew a domain name on Your behalf and no liability for expiration, non-renewal, deletion or loss of a domain name, including where a payment method fails. Domain transfers are subject to the Incorporated Agreements and applicable registry policies.
- Your Warranties. You represent and warrant that Your domain names do not violate the rights of any third party, are not confusingly similar to any commercial name or registered trademark, and do not violate any applicable law, regulation or provision of the Incorporated Agreements. You will indemnify, defend and hold harmless Duda in accordance with the Section “Indemnification” of the Terms from and against all claims arising out of or relating to Your or Your Clients’ selection, registration or use of any domain name.
- Disclaimer. Domain Name Services are provided on an “AS IS” and “AS AVAILABLE” basis. Duda makes no warranties of any kind, including any warranty that the Domain Name Services will be uninterrupted, error free, or meet Your needs. You acknowledge that:
- Duda cannot approve or guarantee the allocation of any requested domain name, and You assume all liability for chosen domain names;
- registration of a domain name creates no proprietary right in that domain name;
- domain names may be challenged by third parties, and Duda will have no responsibility or involvement in any such challenge; and
- Duda may suspend or cancel Domain Name Services, or use of a particular domain name, at any time to resolve a dispute, comply with the Incorporated Agreements, or remedy a mistake made by any party.
9. Listings Management (Uberall)
Uberall products and services are Third Party Services. Any agreement between You and Duda regarding Uberall addresses pricing for the Uberall products and services only. All use of the Uberall products and services is governed by the Uberall General Terms and Conditions and Product Specific Terms located at https://uberall.com/en-us/uberall-terms-and-conditions, together with any privacy policies referenced therein, each incorporated by reference. You agree that Uberall is an intended third-party beneficiary and is entitled to enforce, and to assert against You, any rights or claims granted to it under those terms.
10. Site Analysis (Insites)
Insites services are Third Party Services provided by Insites and made available through the Services as a convenience. Any pricing communicated by Duda for Insites addresses fees only. All use of Insites is governed by the terms and conditions of Insites and, if applicable, any privacy policy referenced therein. Duda makes no representation or warranty regarding the accuracy, completeness or currency of any report, score, audit or data generated by Insites, and You are solely responsible for reviewing any output before relying on it or presenting it to Your Clients.
11. Domain Connection (Entri)
Entri services are Third Party Services provided by Entri and made available through the Services to facilitate connection and configuration of domain names and DNS records. Any pricing communicated by Duda for Entri addresses fees only. All use of Entri is governed by the terms and conditions of Entri and, if applicable, any privacy policy referenced therein. You are responsible for having the authority to modify DNS records for any domain You connect, and Duda is not responsible for any service interruption, email disruption or loss resulting from DNS changes.
12. Multi-Language Translation (Google Translate)
When using the multi-language feature, You may have the option of translating existing Content using Google Translate. Google requires that You be made aware of the following disclaimer:
“THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.”
You are solely responsible for reviewing translated Content before publication.
13. Artificial Intelligence
- Definitions.
- “AI Credits” means the non-monetary usage units Duda may make available to access eligible AI Features, as further described in Section “AI & Generated Output”.
- “AI Feature” or “AI Features” means those features of the Services that use artificial intelligence or machine learning to generate content, recommendations or other output, including Duda Vibe, Duda AI Assistant, Duda CoPilot, and any other feature Duda designates as an AI Feature from time to time.
- “Beta AI Feature” means any AI Feature that Duda designates as alpha, beta, early access, preview, limited release or a similar designation.
- “Input” means the prompts, instructions, content, data, text, images, files, URLs or other materials You or Your Clients submit to an AI Feature.
- “Output” means the text, images, code, designs, recommendations, websites, website content or other results generated by an AI Feature and returned by the Services based on Input.
- AI & Generated Output
- Scope. Certain AI Features permit You to provide Input in order to receive Output generated by an artificial intelligence platform or tool and returned by the Services based on such Input. This Section “AI & Generated Output” applies to all AI Features provided by Duda. AI-enabled services provided by third parties and made available through the Services are Third Party Services may be governed by the Product Terms applicable to those services.
- Prohibited Uses. You agree not to state or suggest that Output was human-generated when it is not. The Services are not intended to be used, and You agree not to use, and not to permit, direct or encourage any third party (including Your Clients) to use, the Services to generate any Output for:
- any illegal activity;
- child sexual abuse material or any content that exploits or harms children;
- generation of hateful, harassing, or violent content;
- generation of viruses or malware;
- any activity that has high risk of physical harm;
- any activity that has high risk of economic harm;
- fraudulent or deceptive activity;
- adult content, adult industries or dating apps;
- political campaigning or lobbying;
- activity that violates people’s privacy;
- unauthorized practice of law or offering tailored legal advice without a qualified person’s review;
- offering tailored financial advice;
- 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
- high risk decision-making.
- Product Terms. 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. You will not use the AI Features in violation of the acceptable use, usage or content policies of any third party artificial intelligence provider that powers the applicable AI Feature. Where We are required by a third party artificial intelligence provider to restrict or terminate Your use of an AI Feature, We may do so, and We will use commercially reasonable efforts to give You notice and, where practicable, an opportunity to cure. 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.
- 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 in 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 Client Data for purposes of these Terms.
- Similarity of Output. Due to the automated content generation, Output may not be unique across users and the 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.
- Accuracy & Human Review. Use of the Services may in some situations result in incorrect Output that does not accurately reflect real people, places or facts. You are solely responsible for reviewing, editing, approving and determining whether all Output is appropriate before using, publishing, distributing or relying on it, and You agree to evaluate and be responsible for the accuracy of any Output as appropriate for Your use case. You will not represent to Your Clients or to any third party that Output has been verified, approved or endorsed by Duda.
- 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 the 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 amounts 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.
- AI Transparency; Markings. You acknowledge that the AI Features 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.
- You will not, and will not permit Your Clients to, remove, alter, obscure or disable any such marking or any notice identifying an AI Feature as an artificial intelligence system, or use any AI Feature in a manner that circumvents them.
- 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.
- You will ensure that Your Clients are bound by, and comply with, obligations at least as protective of Duda as this paragraph. 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.
- Third Party AI Providers. AI Features may be provided, powered, hosted, processed or supported in whole or in part by third party providers. Your use of AI Features may be subject to third party provider terms, policies, usage restrictions, availability and technical limits. 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 this Agreement.
- Beta AI Features. From time to time, Duda may designate a new feature as 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, are excluded from any service level, support, uptime or availability commitment, and are not subject to the notice or refund provisions of Section “Services”. Beta AI Features are made available for testing and evaluation purposes. 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.
- 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 Duda 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. The allocation, consumption, expiration, purchase and billing of AI Credits are governed by Section “Payment Terms, Subscriptions Payments, Refunds and Taxes” and Your Order Form.
- 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 “AI & Generated Output”, and You remain responsible for Your Clients’ compliance with this Section “AI & Generated Output” and for all Input, Output and AI Credit consumption attributable to Your Account.
- 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. Except as expressly set forth in Section “AI Credits & Fees”, no such change gives rise to any refund, credit or other compensation.
- AI Credits & Fees
- Allocation. We may allocate AI Credits to Your Account based on Your subscription plan, Your Order Form, product package, promotion, trial, purchase or other criteria determined by Duda. Unless otherwise set forth in Your Order Form, AI Credits are allocated at the Account level and may be used by authorized users of that Account. We may determine which users or roles may purchase, approve or use AI Credits.
- Consumption. Use of AI Features may consume AI Credits. The number of AI Credits consumed may vary based on the AI Feature used, request type, request complexity, Input, Output, system configuration, model type, frequency of use, third party provider costs, Our costs, feature value, product packaging and other factors determined by Duda. We may use fixed credit amounts, variable credit amounts, multipliers, estimates, reservations or other methods to calculate AI Credit usage. We may change which AI Features require AI Credits, the number of AI Credits required for any AI Feature, and the method used to calculate AI Credit usage, at any time. AI Credit consumption rates are not Fees and are not subject to any price lock, price protection or fee cap set forth in Your Order Form unless that Order Form expressly provides otherwise.
- Balances, Reservations and Records. We may display Your AI Credit balance, AI Credit usage or other usage information in Your Account or in the Platform. We may reserve AI Credits when You start an AI action and deduct AI Credits when the action is submitted, processed, completed or otherwise made available, as determined by Duda. AI Credit allocation and consumption are Billing Metrics for purposes of this Section “Payment Terms, Subscriptions Payments, Refunds and Taxes”, and 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.
- Expiration. Unless otherwise set forth in Your Order Form, (a) AI Credits included with an eligible Account plan are provided on a monthly basis, 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 the date of 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.
- Top-Ups and Additional Usage. 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. Fees for purchased AI Credits are due and payable in accordance with this Section “Payment Terms, Subscriptions Payments, Refunds and Taxes” and Your Order Form.
- Discontinued AI Features. 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. If We permanently discontinue an AI Feature for which You have purchased top-up AI Credits, Your sole and exclusive remedy is, at Our election, a credit or refund of the amounts paid for AI Credits that remain unexpired and unused as of the date of discontinuation.
- AI Credits are non-refundable except as expressly set forth in this Section or as required by applicable law.
- AI Features and Credits. The AI Features Duda makes available from time to time, including which AI Features are designated as Beta AI Features and which AI Features consume AI Credits, are identified in the Platform or in Duda’s then-current published documentation. AI Features may be powered in whole or in part by third party artificial intelligence providers, and Duda may add, change or replace those providers at any time. Your use of an AI Feature is subject to the acceptable use, usage and content policies of the applicable third party provider. Certain AI Features are metered by usage allowances, quotas or limits specific to that AI Feature rather than by AI Credits; where an AI Feature has its own allowance, that allowance governs use of that AI Feature, applies only to it, and does not convert into or draw from AI Credits. No third party provider terms expand Duda’s obligations or reduce Duda’s rights, disclaimers, exclusions or limitations of liability under the Terms. The allocation, consumption, expiration and purchase of AI Credits are governed by the Terms.
- AI Visibility. If Your Services include AI Visibility, Your use is additionally governed by the AI Visibility Terms located at https://www.duda.co/legal/ai-visibility, incorporated by reference. Duda makes no representation or warranty that any AI Visibility, answer engine optimization or similar output will result in any particular ranking, citation, visibility, traffic or commercial outcome in any AI system, search engine or answer engine.
- Duda Vibe
- “Duda Vibe” means an AI Feature that may allow you to submit prompts, instructions, website content, data, text, images, files or other materials and receive AI generated text, images, code, designs, recommendations, websites, website content or other output.
- “Vibe Project” means a Project generated through Duda Vibe, including its Output, code, assets, configuration, data, endpoints, credentials, secrets, environment variables and third-party integrations. Each Vibe Project is Client Data and Output for all purposes under the Terms, and Duda is not its author, developer or provider as between You and any third party.
- “Active Vibe Project” means a Vibe Project that is in a deployed, published or otherwise served state during any part of a Billing Period, as determined by Duda’s internal tooling. A Vibe Project that exists only in a draft, preview, sandbox or unpublished state is not an Active Vibe Project.
- Code; Review and Security. A Vibe Project may include code generated by artificial intelligence or derived from third-party or open-source materials. You are solely responsible for reviewing, testing, securing, and maintaining each Vibe Project before and after hosting. You must identify and comply with all applicable licenses and third-party terms. Duda does not review or warrant any Vibe Project for accuracy, security, vulnerabilities, malicious code, accessibility, legal compliance, non-infringement, or fitness for purpose. Duda has no obligation to debug, patch, update, maintain, monitor, or support any Vibe Project. You are responsible for all credentials, keys, integrations, dependencies, and data used by a Vibe Project.
- Site Migration and Start From URL
- Scope. The Services may permit You to migrate an existing website onto the Duda Platform, including through a “Start From URL” or similar feature that extracts content from a source website (each, a “Migration”).
- Your Representations. By initiating a Migration, You represent and warrant that You own the source website or have the express written permission of the website owner to extract and migrate its content, and that You have all necessary rights to the images, text, design elements, code and other content extracted from that website. You are solely responsible for ensuring You have proper authorization for each Migration.
- Migration Results. Migrated Sites will be substantially similar to the source website but may have limited editing functionality. As part of the Migration process, some content may not transfer, or may be modified or transformed. You bear all risk associated with a Migration and are responsible for reviewing each migrated Site before publication.
- AI-Specific Limitation of Liability
- AI Liability Cap. Notwithstanding anything to the contrary in the Terms, Duda’s total aggregate liability arising out of or relating to any AI Feature, Input, Output, AI Credit, Vibe Project, or Active Vibe Project will not exceed the amounts paid by You to Duda for the applicable AI Feature during the twelve-month period immediately preceding the first event giving rise to the claim. For Duda Vibe, this amount includes fees paid for AI Credits consumed through Duda Vibe and fees paid for Active Vibe Projects.
- No-Charge and Beta AI Features. Duda will have no liability arising out of or relating to any Beta AI Feature or AI Feature made available at no additional charge.
- AI Visibility. To the extent permitted by applicable law, Duda will have no liability arising out of or relating to AI Visibility or any other Third Party Service. Any liability of the applicable Third Party Provider is governed solely by that provider’s terms.
- Output and Vibe Projects. Duda will not be liable for any claim arising from:
- the accuracy, completeness, legality, suitability, or availability of Output;
- Your use, publication, distribution, modification, or reliance on Output;
- any Vibe Project or Active Vibe Project;
- third-party or open-source code, models, materials, or services; or
- Your failure to review, test, secure, maintain, or lawfully deploy Output.
- Interaction With the Terms. This section does not increase any limitation of liability under the Terms. If another applicable limitation provides a lower cap or broader exclusion, that limitation controls. Nothing in this section limits Your payment obligations or Your indemnification obligations.
- AI Indemnification
- In addition to Your indemnification obligations under the Terms, You will indemnify, defend, and hold harmless Duda, its affiliates, and their respective officers, directors, employees, agents, and representatives from all third-party claims, liabilities, losses, damages, fines, penalties, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:
- any Input provided by You or Your Clients;
- Your or Your Clients’ use, publication, distribution, modification, or reliance on Output;
- any Vibe Project or Active Vibe Project;
- any allegation that Input, Output, or a Vibe Project infringes, misappropriates, or violates intellectual property, privacy, publicity, data protection, confidentiality, or other third-party rights;
- Your or Your Clients’ violation of these Product Terms, applicable law, or any applicable Third Party Provider terms or policies;
- Your failure to obtain any required right, license, consent, notice, or authorization;
- Your failure to review, test, secure, maintain, or lawfully deploy Output or a Vibe Project; or
- any product, service, statement, decision, or other activity based on Output.
- The defense, settlement, notice, and cooperation procedures in the indemnification section of the Terms apply to this indemnity.
- Exclusion From Duda Indemnity. For clarity, any infringement indemnity provided by Duda under the Terms does not apply to Input, Output, Vibe Projects, Active Vibe Projects, AI Credits, Third Party Providers, AI models, third-party materials, open-source components, or any modification or combination of those items.
14. Images and Stock Media
The following restrictions apply to all images and other stock media made available to You through the Services. You shall not use any image: (a) presented together with pornographic, defamatory or unlawful content, or in a manner that infringes any third party’s trademark or intellectual property rights; (b) portraying any person depicted therein (a “Model”) in a way that a reasonable person would find offensive, including depicting a Model in connection with pornography, adult videos, adult entertainment venues, escort services or dating services; in connection with the advertisement or promotion of tobacco products; as endorsing a political party, candidate, elected official or opinion; as suffering from, or medicating for, a physical or mental ailment; or engaging in immoral or criminal activities; or (c) as a trademark, service mark or logo.