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| 9 | <title>Terms of Service — Daimond</title> |
| 10 | <link rel="icon" type="image/svg+xml" href="../../assets/daimond_mark.svg"> |
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| 12 | <link rel="stylesheet" href="../../css/guide.css"> |
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| 15 | </head> |
| 16 | <body class="legal-page"> |
| 17 | |
| 18 | <header class="site-head"> |
| 19 | <div class="site-head-inner"> |
| 20 | <a class="brand" href="../index.html" aria-label="Daimond guide, home"> |
| 21 | <img class="wordmark wm-dark" src="../../assets/daimond_word.svg" alt="Daimond" translate="no"> |
| 22 | <img class="wordmark wm-light" src="../../assets/daimond_word_dark.svg" alt="" aria-hidden="true" translate="no"> |
| 23 | <span class="brand-sub">Legal</span> |
| 24 | </a> |
| 25 | <nav class="site-nav" aria-label="Legal documents"> |
| 26 | <a href="terms.html" aria-current="page">Terms of Service</a> |
| 27 | <a href="privacy.html">Privacy Policy</a> |
| 28 | <a href="../index.html">User guide</a> |
| 29 | </nav> |
| 30 | </div> |
| 31 | <div class="draft-banner" role="alert"> |
| 32 | <strong>In force from 13 August 2026.</strong> |
| 33 | These Terms apply to your use of Daimond now. Particular points are still being settled, and each |
| 34 | one is marked [TO CONFIRM] where it appears. No lawyer has reviewed this document. |
| 35 | </div> |
| 36 | </header> |
| 37 | |
| 38 | <main> |
| 39 | <article class="legal"> |
| 40 | |
| 41 | <div class="legal-head"> |
| 42 | <h1>Terms of Service</h1> |
| 43 | <p class="legal-meta"> |
| 44 | <span>Status: <strong>In force</strong></span> |
| 45 | <span>Effective date: <strong>13 August 2026</strong></span> |
| 46 | </p> |
| 47 | </div> |
| 48 | |
| 49 | <p> |
| 50 | These Terms of Service (the <strong>Terms</strong>) govern your use of Daimond, a local-first |
| 51 | AI agent workspace that runs in your web browser. Please read them carefully. They take effect |
| 52 | on <strong>13 August 2026</strong>. Particular points are still being settled and are marked |
| 53 | [TO CONFIRM] where they appear, and this document has not been reviewed by a lawyer. |
| 54 | </p> |
| 55 | |
| 56 | <nav class="legal-toc" aria-label="Contents"> |
| 57 | <h2>Contents</h2> |
| 58 | <ol> |
| 59 | <li><a href="#who">Who provides Daimond</a></li> |
| 60 | <li><a href="#accept">Acceptance of these Terms</a></li> |
| 61 | <li><a href="#what">What Daimond is</a></li> |
| 62 | <li><a href="#identity">Your identity and passphrase</a></li> |
| 63 | <li><a href="#use">Acceptable use</a></li> |
| 64 | <li><a href="#byok">Bring your own key (BYOK)</a></li> |
| 65 | <li><a href="#credits">Credits, the Pro licence and tool packs</a></li> |
| 66 | <li><a href="#refunds">Refunds and disputes</a></li> |
| 67 | <li><a href="#third-parties">Third-party services</a></li> |
| 68 | <li><a href="#ip">Intellectual property</a></li> |
| 69 | <li><a href="#warranties">Disclaimer of warranties</a></li> |
| 70 | <li><a href="#liability">Limitation of liability</a></li> |
| 71 | <li><a href="#termination">Termination</a></li> |
| 72 | <li><a href="#changes">Changes to these Terms</a></li> |
| 73 | <li><a href="#availability">Service availability and international use</a></li> |
| 74 | <li><a href="#law">Governing law and your consumer rights</a></li> |
| 75 | <li><a href="#contact">Contact</a></li> |
| 76 | </ol> |
| 77 | </nav> |
| 78 | |
| 79 | <h2 id="who">1. Who provides Daimond</h2> |
| 80 | <p> |
| 81 | Daimond is provided by <strong>Oxedyne Pty Ltd</strong> |
| 82 | (<strong>we</strong>, <strong>us</strong>, <strong>our</strong>), of |
| 83 | <span class="tbc">[TO CONFIRM: registered address]</span>, |
| 84 | <span class="tbc">[TO CONFIRM: company / ABN registration number]</span>. Oxedyne Pty Ltd is the |
| 85 | party you contract with under these Terms, and the party your money reaches: it holds the Stripe |
| 86 | account through which credits, the Pro licence and tool packs are bought. Daimond is part of the |
| 87 | Oxedyne family of products, and the product website is |
| 88 | daimond.app. In these Terms, <strong>you</strong> means the |
| 89 | person or organisation using Daimond. |
| 90 | </p> |
| 91 | |
| 92 | <h2 id="accept">2. Acceptance of these Terms</h2> |
| 93 | <p> |
| 94 | By opening or using Daimond, you agree to these Terms. If you do not agree, do not use Daimond. |
| 95 | If you use Daimond on behalf of an organisation, you confirm that you are authorised to accept |
| 96 | these Terms for that organisation. |
| 97 | </p> |
| 98 | <p> |
| 99 | You must be at least <span class="tbc">[TO CONFIRM: minimum age]</span> years old to use Daimond. |
| 100 | </p> |
| 101 | |
| 102 | <h2 id="what">3. What Daimond is</h2> |
| 103 | <p> |
| 104 | Daimond is a web application that runs almost entirely on your own device, inside your browser. |
| 105 | You can open it at a web address, or install it to your device from the browser as an app; either |
| 106 | way, there is no account to create with us to hold your content. In plain terms: |
| 107 | </p> |
| 108 | <ul> |
| 109 | <li>Your chats, files and keys are created and encrypted on your own device.</li> |
| 110 | <li>Our server (the <strong>gateway</strong>) sees only ciphertext it cannot open, together with records needed to run the service, such as your credit balance and licence.</li> |
| 111 | <li>We do not store your content on our server in a form we can read. This is by design, and the client's source is published under the Functional Source License so that you can check it.</li> |
| 112 | </ul> |
| 113 | <p> |
| 114 | The gateway brokers only the few actions that must leave your browser: reaching an AI provider, |
| 115 | fetching a web page, searching the web, sending or syncing email, holding encrypted data for |
| 116 | your other devices to pull down, and storing the encrypted file data that sync refers to. |
| 117 | </p> |
| 118 | |
| 119 | <h2 id="identity">4. Your identity and passphrase</h2> |
| 120 | <p> |
| 121 | Daimond has no username-and-password account with us. Your identity is a cryptographic identity |
| 122 | created on your device. You sign in without a password, using passkeys, and a |
| 123 | <strong>passphrase</strong> is the recoverable cryptographic root of your identity. We never see |
| 124 | your passphrase, and we cannot see it. |
| 125 | </p> |
| 126 | <p> |
| 127 | <strong>This has an important and unavoidable consequence.</strong> Because your data is encrypted |
| 128 | with keys that only you hold, if you lose your passphrase and your recovery kit, your data cannot |
| 129 | be recovered by anyone, including us. We have no master key and no back door. Please keep your |
| 130 | passphrase and recovery kit safe. You are responsible for safeguarding them and for any activity |
| 131 | under your identity. |
| 132 | </p> |
| 133 | |
| 134 | <h2 id="use">5. Acceptable use</h2> |
| 135 | <p>You agree not to use Daimond to:</p> |
| 136 | <ul> |
| 137 | <li>Break any law that applies to you, or help anyone else do so.</li> |
| 138 | <li>Infringe the intellectual property, privacy or other rights of others.</li> |
| 139 | <li>Attempt to breach, overload, disrupt or probe the gateway or its security, beyond the transparency and verification we openly invite.</li> |
| 140 | <li>Abuse the metered services (web fetch, web search, email, sync and cloud storage) to send spam, to relay unlawful material, or in a way that harms others or the service.</li> |
| 141 | </ul> |
| 142 | <p> |
| 143 | Because your content stays encrypted on your device, we cannot see what you do inside Daimond and |
| 144 | we do not monitor it. Acceptable-use limits bite mainly on the metered actions that pass through |
| 145 | the gateway, which we can act on if they are abused. |
| 146 | <span class="tbc">[TO CONFIRM: any further acceptable-use or enforcement terms]</span> |
| 147 | </p> |
| 148 | |
| 149 | <h2 id="byok">6. Bring your own key (BYOK)</h2> |
| 150 | <p> |
| 151 | Daimond lets you connect your own AI provider account by supplying that provider's API key. When |
| 152 | you do, your prompts go directly from your device to that provider, and the provider bills you for |
| 153 | inference at its own prices. <strong>Daimond does not mark up your provider's inference.</strong> |
| 154 | </p> |
| 155 | <p>You are responsible for:</p> |
| 156 | <ul> |
| 157 | <li>Your own provider API keys, including keeping them secret and valid.</li> |
| 158 | <li>All costs your provider charges you for inference.</li> |
| 159 | <li>Complying with your provider's own terms of service and usage policies.</li> |
| 160 | </ul> |
| 161 | <p> |
| 162 | Your chosen AI provider is a third party. We do not control it and are not responsible for its |
| 163 | service, its pricing, its availability, or how it handles the data you send it. See section 9. |
| 164 | </p> |
| 165 | |
| 166 | <h2 id="credits">7. Credits, the Pro licence and tool packs</h2> |
| 167 | <h3>Credits</h3> |
| 168 | <p> |
| 169 | <strong>Credits</strong> are a prepaid balance held on the gateway. The gateway spends them only on |
| 170 | the few things that must leave your browser: running a model without your own key, fetching web |
| 171 | pages, searching the web, sending or syncing email, holding your encrypted sync data for your |
| 172 | other devices, and holding the encrypted file data that sync refers to beyond the free allowance. Credits are pay-as-you-go. You buy |
| 173 | them in advance and they are drawn down as you use those metered actions. Credits do not require the |
| 174 | Pro licence. |
| 175 | </p> |
| 176 | <p> |
| 177 | Cloud storage is charged differently from the rest, and it is worth being plain about it. |
| 178 | Every other metered action is charged once, when you take it. Storage is charged for the |
| 179 | bytes you hold and the time you hold them, so it draws a small amount from your balance |
| 180 | each month for as long as the data sits there, rather than once when you put it there. |
| 181 | Only what sits above the free allowance is charged at all. |
| 182 | </p> |
| 183 | <p> |
| 184 | Searching the web is metered whichever key pays for it. Where Daimond credits pay, you are charged |
| 185 | what the search vendor charges us plus our cost recovery; where you supply your own search key, you |
| 186 | are charged a flat relay fee for the connection only. |
| 187 | </p> |
| 188 | <p> |
| 189 | Credits are issued and redeemed only within Daimond, for the metered actions above. They are |
| 190 | <strong>not transferable</strong> to another user or account, and they are <strong>not redeemable for |
| 191 | cash</strong>. They are not a payment instrument, stored-value product or money-transmission service, |
| 192 | and they carry no interest. They have value only as prepayment for Daimond's own metered services. |
| 193 | <span class="tbc">[TO CONFIRM: any expiry on unused credits, and treatment of unused credits if the service is discontinued]</span> |
| 194 | </p> |
| 195 | <h3>Pro licence</h3> |
| 196 | <p> |
| 197 | <strong>Pro</strong> is a one-time unlock. It is a single payment for a |
| 198 | <strong>five-year licence</strong> to the Pro features, and it is |
| 199 | <strong>not a subscription</strong>: we keep no card on file for it, nothing renews by itself, |
| 200 | and no charge is ever made without you asking for it. Five years after you buy, the licence |
| 201 | ends, and you decide then whether to buy another. What a Pro purchase grants is described on |
| 202 | our site at the time of purchase, and today it unlocks three things: |
| 203 | </p> |
| 204 | <ul> |
| 205 | <li><strong>Cross-device end-to-end-encrypted sync.</strong> Pushing your encrypted workspace to the gateway so your other devices can pull it. Pulling what you have already pushed is always allowed, licence or no licence.</li> |
| 206 | <li><strong>Cloud storage for the file data sync refers to.</strong> The encrypted file bodies behind a synced workspace, held on the gateway. A free allowance is included, in the amount published on our site at the time of purchase; storage above it is metered against your credits, as this section describes.</li> |
| 207 | <li><strong>Daimond Email.</strong> Reading and sending mail from your own mailboxes through the gateway, up to the number of bound mailboxes published on our site at the time of purchase. Using it still meters against your credits.</li> |
| 208 | </ul> |
| 209 | <p> |
| 210 | <strong>Unlocking is not unlimited use.</strong> Pro grants the <em>right</em> to use these services; |
| 211 | the metered actions they involve are still drawn from your credits. |
| 212 | <span class="tbc">[TO CONFIRM: any device-count limit]</span> |
| 213 | </p> |
| 214 | <p> |
| 215 | <strong>The figures published when you buy are the ones that bind.</strong> The free storage |
| 216 | allowance and the number of mailboxes an unlock permits are settings we can change, and we may |
| 217 | change them for later buyers. Whatever they said on our site at the moment you paid is what your |
| 218 | licence entitles you to, and a later change does not reduce it. |
| 219 | </p> |
| 220 | <h3 id="five-years">What happens when the five years end</h3> |
| 221 | <p> |
| 222 | <strong>The Pro benefits stop. The app does not.</strong> When a licence ends, cross-device sync, |
| 223 | cloud storage and Daimond Email switch off, because each of those is a service we have to keep |
| 224 | running on our side for you. Everything that runs on your own device carries on exactly as |
| 225 | before: your files, your chats, your Diamonds, your identity, and your own provider key. Nothing |
| 226 | is deleted, nothing is locked, and nothing you have made becomes unreadable. Daimond does not |
| 227 | fall behind a paywall when a licence lapses, and no charge is made to keep it out of one. |
| 228 | </p> |
| 229 | <p> |
| 230 | <strong>Getting your data out never needs a licence.</strong> What stops is putting new data up: |
| 231 | pushing a workspace, uploading file data, and using Email. Pulling down what is already stored |
| 232 | does not stop, and never has, so an expired licence cannot leave anything of yours stranded on |
| 233 | our server. Stored file data is not deleted because a licence ended; it lives or lapses on your |
| 234 | credit balance alone, exactly as section 13 describes. |
| 235 | </p> |
| 236 | <p> |
| 237 | The reason Pro has a term at all is that those three benefits are services rather than software. |
| 238 | A licence with no end to a service we must keep running is a promise to run it for ever, and that |
| 239 | is not a promise we can honestly make. So we sell five years of it, and at the end of five years |
| 240 | you buy again or you do not. |
| 241 | </p> |
| 242 | <p> |
| 243 | Credits and the Pro licence are separate. Buying Pro does not add credits, and buying credits does |
| 244 | not unlock Pro. Credits you have already bought are unaffected by a licence ending. |
| 245 | </p> |
| 246 | <h3 id="packs">Tool packs</h3> |
| 247 | <p> |
| 248 | A <strong>tool pack</strong> is a bundle of extra capabilities, bought once and |
| 249 | <strong>kept for good</strong>. It is not a subscription, and it has no term: a pack does not |
| 250 | lapse after five years the way the Pro licence does, nothing renews by itself, and no charge is |
| 251 | ever made without you asking for it. Packs are released from time to time, and each one is |
| 252 | bought, or not bought, on its own. What a pack contains, what it is called and what it costs are |
| 253 | stated in the Tools panel and on our site at the time of purchase. |
| 254 | </p> |
| 255 | <p> |
| 256 | <strong>A pack is perpetual and Pro is not, and the reason is the one given just above.</strong> |
| 257 | Pro unlocks three services we have to keep running on our side, and a licence with no end to a |
| 258 | service is a promise to run it for ever. A pack is software rather than a service: it runs in |
| 259 | your own browser, on your own device, and it costs us nothing to keep working. There is no |
| 260 | ongoing obligation to price, so there is no term to sell. |
| 261 | </p> |
| 262 | <p> |
| 263 | <strong>Packs are paid for in money, never out of credits.</strong> A pack is bought through the |
| 264 | same checkout as Pro, so a pack costs the same whether you run Daimond on its credits or on your |
| 265 | own provider key. Buying a pack does not add credits, and credits cannot buy a pack. Where a |
| 266 | pack's tools take a metered action — reaching the web, say — that action is still |
| 267 | drawn from your credits, exactly as it is for a tool Daimond includes. |
| 268 | </p> |
| 269 | <p> |
| 270 | <strong>A pack only ever adds.</strong> What Daimond includes today stays included. We do not |
| 271 | move a capability you already have behind a price, so a pack is new capability and nothing else; |
| 272 | if you buy nothing, you lose nothing. A pack you have bought may gain further tools later, and |
| 273 | where it does you get them without paying again — but nothing here undertakes that it will. |
| 274 | </p> |
| 275 | <p> |
| 276 | A pack belongs to the account that bought it. Daimond asks the gateway which packs your account |
| 277 | holds; when it cannot reach us it leaves the last answer standing rather than taking a pack away, |
| 278 | so an outage on our side does not withdraw something you have paid for. |
| 279 | </p> |
| 280 | |
| 281 | <h2 id="refunds">8. Refunds and disputes</h2> |
| 282 | <p> |
| 283 | <span class="tbc">[TO CONFIRM: full refund policy for the Pro licence and for credits]</span> |
| 284 | </p> |
| 285 | <p> |
| 286 | Where a refund, chargeback or payment dispute reverses a payment for credits, any remaining credits |
| 287 | bought with that payment may be reversed or removed from your balance accordingly. |
| 288 | <span class="tbc">[TO CONFIRM: exact reversal mechanics and any non-refundable portion for credits already spent]</span> |
| 289 | </p> |
| 290 | <p> |
| 291 | Where a refund, chargeback or payment dispute reverses a payment for a tool pack, the unlock that |
| 292 | payment bought is revoked and the pack locks again. |
| 293 | </p> |
| 294 | <p> |
| 295 | Nothing in this section limits any rights you have under mandatory consumer law that cannot be |
| 296 | excluded, including under the Australian Consumer Law where it applies. |
| 297 | <span class="tbc">[TO CONFIRM: consumer-law wording once jurisdiction is fixed]</span> |
| 298 | </p> |
| 299 | |
| 300 | <h2 id="third-parties">9. Third-party services</h2> |
| 301 | <p> |
| 302 | Daimond deliberately holds as little as possible. When you act, your data goes to third parties, |
| 303 | usually ones <em>you</em> have chosen; where we chose the party, the entry below says so. Those |
| 304 | third parties have their own terms and privacy practices, which we do not control: |
| 305 | </p> |
| 306 | <ul> |
| 307 | <li><strong>Your AI provider.</strong> On BYOK, and when you spend credits on inference, your prompts and content go to the AI provider to be processed. Their terms and privacy policy apply to that data. When you spend credits rather than bringing your own key, your browser reaches the model through an inference router on a spend-capped key we issue you, so the router and the model host are both in the path.</li> |
| 308 | <li><strong>Search vendors.</strong> When the agent searches the web, the words of your query go to a third-party search vendor. Where Daimond credits pay for the search, the vendor is the one this gateway is configured to use and the request is made on our account with that vendor, so the query reaches them from us rather than from you. The Privacy Policy names the vendors and says what each one receives.</li> |
| 309 | <li><strong>Stripe.</strong> Payments are handled by Stripe, a third-party payment processor. We do not store your card numbers. Stripe's terms and privacy policy apply to your payment.</li> |
| 310 | <li><strong>Web pages you fetch.</strong> When the agent fetches a web page for you, the request reaches that page's host, which sees it as an ordinary request.</li> |
| 311 | <li><strong>Email hosts.</strong> When you send or sync email, it travels over ordinary mail protocols to and from the relevant mail hosts.</li> |
| 312 | </ul> |
| 313 | <p> |
| 314 | We are not responsible for third-party services, and your use of them is at your own risk and |
| 315 | subject to their terms. |
| 316 | </p> |
| 317 | <p> |
| 318 | How we handle the limited data on our side, and how it may be transferred across borders, is set out in |
| 319 | our <a href="privacy.html">Privacy Policy</a>, which forms part of these Terms. |
| 320 | </p> |
| 321 | |
| 322 | <h2 id="ip">10. Intellectual property</h2> |
| 323 | <h3>Your content</h3> |
| 324 | <p> |
| 325 | You own your content. The chats, files and other work you create in Daimond are yours. Because they |
| 326 | stay encrypted on your device, we do not claim any licence over them and, in the ordinary course, |
| 327 | cannot access them. |
| 328 | </p> |
| 329 | <h3>The client software</h3> |
| 330 | <p> |
| 331 | The Daimond client's source is published under the Functional Source License, version 1.1, with an |
| 332 | Apache 2.0 future grant (<strong>FSL-1.1-Apache-2.0</strong>). It is source-available rather than |
| 333 | open source: you may read, build, run, modify and share it, you may not use it to ship a competing |
| 334 | commercial product, and each version converts to the Apache License 2.0 two years after it is |
| 335 | published. Your use of the source code is governed by that licence. The gateway (server) software is |
| 336 | closed source and is not licensed to you under the FSL or otherwise. The summary above is a |
| 337 | summary; the licence text itself governs. |
| 338 | </p> |
| 339 | <h3>Our marks</h3> |
| 340 | <p> |
| 341 | <strong>Daimond</strong>, <strong>Oxedyne</strong>, and our logos and marks are ours. These Terms do |
| 342 | not grant you any right to use them, except as the FSL or applicable law expressly allows. |
| 343 | <span class="tbc">[TO CONFIRM: trade mark status and any brand-use guidance]</span> |
| 344 | </p> |
| 345 | |
| 346 | <h2 id="warranties">11. Disclaimer of warranties</h2> |
| 347 | <p> |
| 348 | Daimond is provided <strong>as is</strong> and <strong>as available</strong>, without warranties of |
| 349 | any kind to the extent the law allows. We do not warrant that Daimond will be uninterrupted, |
| 350 | error-free or secure, that defects will be corrected, or that AI output will be accurate, complete |
| 351 | or fit for any purpose. AI models can produce wrong or misleading output; you are responsible for |
| 352 | checking anything you rely on. |
| 353 | </p> |
| 354 | <p> |
| 355 | Some warranties cannot be excluded under mandatory consumer law. Where that law applies, nothing here |
| 356 | excludes, restricts or modifies a right or remedy that the law says cannot be excluded. |
| 357 | <span class="tbc">[TO CONFIRM: exact statutory-warranty wording for the governing jurisdiction]</span> |
| 358 | </p> |
| 359 | |
| 360 | <h2 id="liability">12. Limitation of liability</h2> |
| 361 | <p> |
| 362 | To the maximum extent the law allows, we are not liable for any indirect, incidental, special, |
| 363 | consequential or punitive loss, or for loss of data, loss of profits, or loss of goodwill, arising |
| 364 | out of or in connection with Daimond. |
| 365 | </p> |
| 366 | <p> |
| 367 | In particular, and given the design described in section 4, we are not liable for loss of your data |
| 368 | caused by your loss of your passphrase or recovery kit, which by design we cannot recover. |
| 369 | </p> |
| 370 | <p> |
| 371 | Our total liability to you for all claims connected with Daimond, taken together, is limited to |
| 372 | the total amount you paid us in the twelve months before the claim arose. If you bought the Pro |
| 373 | licence and nothing else, that is what the licence cost; if you also bought tool packs or |
| 374 | credits, it is the larger total. |
| 375 | </p> |
| 376 | <p> |
| 377 | <strong>That is a ceiling on what we can be liable for, not an amount you are owed.</strong> |
| 378 | It does not entitle you to a refund, and it is not a promise that we will pay you anything. It |
| 379 | says only how far our liability can run if we are found liable in the first place. |
| 380 | </p> |
| 381 | <p> |
| 382 | <strong>The cap does not apply where the law says it cannot.</strong> If you are a consumer under |
| 383 | the <strong>Australian Consumer Law</strong>, that law gives you guarantees that cannot be |
| 384 | excluded, and nothing in these Terms, the cap above included, excludes, restricts or modifies |
| 385 | those guarantees or the remedies that go with them. More generally, nothing in these Terms limits |
| 386 | liability that cannot be limited by law. |
| 387 | <span class="tbc">[TO CONFIRM: overall scope of limitation, to be settled with a lawyer]</span> |
| 388 | </p> |
| 389 | |
| 390 | <h2 id="termination">13. Termination</h2> |
| 391 | <p> |
| 392 | You may stop using Daimond at any time. Because your content lives on your device, you can export |
| 393 | your workspace and identity and leave; there is no account on our side holding your content to be |
| 394 | deleted. |
| 395 | </p> |
| 396 | <p> |
| 397 | We may suspend or stop providing the metered gateway services to you if you breach these Terms, or |
| 398 | where we must to protect the service or comply with the law. A Pro licence you have paid for runs |
| 399 | for its five years regardless, subject to these Terms and to the software continuing to be |
| 400 | available. |
| 401 | </p> |
| 402 | <p id="storage-lapse"> |
| 403 | <strong>Cloud storage above the free allowance is metered over time, so it can lapse.</strong> If |
| 404 | your credits will not cover what that stored data costs, the metering pauses and a grace period |
| 405 | begins. During grace you can still read everything you have stored, and nothing is back-charged. |
| 406 | If the grace period runs out without the balance being restored, the stored data <em>above</em> the |
| 407 | free allowance <strong>is deleted</strong>. We say "is", not "may be", because that is what |
| 408 | happens. <strong>You will be told in the app before it happens</strong>, while there is still |
| 409 | time to top up or to bring those files down onto your own device. Your data on your own device is |
| 410 | untouched by any of this. |
| 411 | <span class="tbc">[TO CONFIRM: grace period length, and how far ahead of deletion the notice appears]</span> |
| 412 | <span class="tbc">[TO CONFIRM: what happens to a Pro licence and to unused credits on termination or discontinuation of the service]</span> |
| 413 | </p> |
| 414 | |
| 415 | <h2 id="changes">14. Changes to these Terms</h2> |
| 416 | <p> |
| 417 | We may update these Terms from time to time. When we do, we will change the effective date at the |
| 418 | top and, where the change is significant, take reasonable steps to bring it to your attention. |
| 419 | Continuing to use Daimond after a change takes effect means you accept the updated Terms. |
| 420 | <span class="tbc">[TO CONFIRM: notice method and notice period for material changes]</span> |
| 421 | </p> |
| 422 | |
| 423 | <h2 id="availability">15. Service availability and international use</h2> |
| 424 | <p> |
| 425 | Daimond is offered to users around the world, but it is <strong>not offered in mainland China</strong> |
| 426 | and is not directed to users there. We may limit or decline to offer the service in any place where doing |
| 427 | so would breach applicable law or sanctions. |
| 428 | <span class="tbc">[TO CONFIRM: any other excluded or sanctioned regions]</span> |
| 429 | </p> |
| 430 | <p> |
| 431 | You are responsible for complying with the laws that apply to you where you use Daimond, including any |
| 432 | local rules on encryption, AI use and the content you create or process. |
| 433 | </p> |
| 434 | <p> |
| 435 | Prices are shown in <span class="tbc">[TO CONFIRM: pricing currency]</span> and may be subject to local |
| 436 | taxes, such as GST, VAT or sales tax, which may be added at checkout depending on where you are. Where a |
| 437 | payment processor or reseller acts as <strong>merchant of record</strong>, that party may be the seller |
| 438 | of record for your purchase in some regions, and its terms will apply to the transaction alongside these |
| 439 | Terms. |
| 440 | <span class="tbc">[TO CONFIRM: whether a merchant of record is used, and in which regions]</span> |
| 441 | </p> |
| 442 | <p> |
| 443 | How your data is handled, and how it may be transferred across borders, is covered in our |
| 444 | <a href="privacy.html">Privacy Policy</a>. |
| 445 | </p> |
| 446 | |
| 447 | <h2 id="law">16. Governing law and your consumer rights</h2> |
| 448 | <p> |
| 449 | These Terms are governed by the laws of <strong>Western Australia</strong>, and the courts of |
| 450 | Western Australia have non-exclusive jurisdiction over any dispute. |
| 451 | </p> |
| 452 | <p> |
| 453 | Choosing a governing law does not take away rights you have that cannot be waived. If you are a consumer |
| 454 | in Australia, the <strong>Australian Consumer Law</strong> gives you guarantees that cannot be excluded, |
| 455 | and nothing in these Terms excludes, restricts or modifies them. If you are a consumer elsewhere, you |
| 456 | keep the <strong>mandatory consumer protections of the country you live in</strong>, and this |
| 457 | governing-law clause does not override those protections where the law of your country says they still |
| 458 | apply. |
| 459 | <span class="tbc">[TO CONFIRM: final consumer-law wording once the governing jurisdiction is fixed]</span> |
| 460 | </p> |
| 461 | |
| 462 | <h2 id="contact">17. Contact</h2> |
| 463 | <p> |
| 464 | Questions about these Terms can be sent to |
| 465 | <span class="tbc">[TO CONFIRM: contact email]</span>. |
| 466 | </p> |
| 467 | |
| 468 | <p style="color: var(--text-3); font-size: 0.9rem; margin-top: 2.4rem;"> |
| 469 | These Terms are in force from 13 August 2026. The points marked [TO CONFIRM] are still being |
| 470 | settled, and no lawyer has reviewed this document. |
| 471 | </p> |
| 472 | |
| 473 | </article> |
| 474 | </main> |
| 475 | |
| 476 | <footer class="site-foot"> |
| 477 | <span>In force from 13 August 2026. Points marked [TO CONFIRM] are still being settled, and no lawyer has reviewed these documents.</span> |
| 478 | <nav aria-label="Legal documents"> |
| 479 | <a href="terms.html">Terms of Service</a> |
| 480 | <a href="privacy.html">Privacy Policy</a> |
| 481 | <a href="../index.html">User guide</a> |
| 482 | </nav> |
| 483 | </footer> |
| 484 | </body> |
| 485 | </html> |