Terms of Use

Welcome to The Browser Company. Please read on to learn the rules and restrictions that govern your use of Dia and any related website(s), products, services and applications (collectively, “Dia”). If you have any questions, comments, or concerns regarding these terms or Dia, please contact us at:

Email: help@diabrowser.com

Address: 285 N 6th St 5th Floor Brooklyn, NY 11211

These Terms of Use (the “Terms”) are a binding contract between you and THE BROWSER COMPANY OF NEW YORK INC. (“Browser,” “we” and “us”). Your use of Dia in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use Dia. These Terms include the provisions in this document as well as those in the Dia Privacy Policy and Copyright Dispute Policy. Your use of Dia may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using Dia, you agree to also comply with these Additional Terms.

Please read these Terms carefully. They cover important information about Dia and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, automatic renewals, and limitations of liability. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO DIA IS SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS DIA IN ANY MANNER.

Will these Terms ever change?

We are constantly trying to improve Dia, so these Terms may need to change along with Dia. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at diabrowser.com, send you an email, and/or notify you by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use Dia. If you use Dia in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

Browser takes the privacy of its users very seriously. For the current Dia Privacy Policy, please click here.

Children’s Online Privacy Protection Act

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 18 years of age; if you are a child under 18 years of age, please do not attempt to register for or otherwise use Dia or send us any personal information. If we learn we have collected personal information from a child under 18 years of age, we will delete that information as quickly as possible. If you believe that a child under 18 years of age may have provided us personal information, please contact us at help@diabrowser.com.

What are the basics of using Dia?

You may be required to sign up for an account, select a password and user name (“Dia User ID”), and provide us with certain information or data. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Dia User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use Dia and have gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You will only use Dia for your own internal, personal use, and only in a manner that complies with all laws that apply to you. You represent and warrant that to the extent you are using Dia to work on behalf of an employer or another entity, you have all rights to do this work through Dia. If your use of Dia is prohibited by applicable laws, then you aren’t authorized to use Dia. If your use of Dia is prohibited by your employer or another entity, then you aren’t authorized to use Dia. We can’t and won’t be responsible for your using Dia in a way that breaks the law or policies of another entity.

You will not share your Dia User ID, account or password with anyone, and you must protect the security of your Dia User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Dia User ID and account. Dia references, displays, and links to third party web sites and information located worldwide throughout the Internet, and performs or provides access to third party web services as well as third party extensions. Use of Dia requires Internet access and use of Dia may require you to accept additional terms.

You understand that by using any aspect of Dia, you may encounter materials displayed or performed or available on or through Dia, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth, output generated by Dia in response to User Content (as defined below) (such output, “Output,)” and Skills (as defined below) created by other Dia users (and all of the foregoing, the “Content”) that may be deemed offensive, indecent, or objectionable, which Content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use Dia at your sole risk and that Browser shall have no liability to you for Content that may be found or generated by using Dia or otherwise used in connection with Dia, including any Skills.

Dia may display, include or make available Content, including Skills, data, information, applications, extensions or materials from third parties (“Third Party Materials”) or provide links to certain third-party web sites. By using Dia, you acknowledge and agree that Browser is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Browser, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.

In addition, Dia and Third Party Materials that may be accessed, linked to or displayed through the Browser software are not available in all languages or in all countries. Browser makes no representation that Dia and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access Dia or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. Browser and its licensors reserve the right to change, suspend, remove, or disable access to Dia at any time without notice. In no event will Browser be liable for the removal of or disabling of access to Dia. Browser may also impose limits on the use of or access to Dia, in any case and without notice or liability.

What about messaging?

As part of using Dia, you may receive communications through Dia, including messages that Browser sends you (for example, via email). When signing up for Dia, you will receive a welcome message and instructions on how to stop receiving messages.

Are there restrictions in how I can use Dia?

You represent, warrant, and agree that you will not provide or contribute anything, including any User Content (as defined below), to Dia, or otherwise use or interact with Dia, in a manner that:

infringes or violates the intellectual property rights or any other rights of anyone else (including Browser);
violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Browser;
is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
jeopardizes the security of your Dia User ID, account or anyone else’s (such as allowing someone else to log in to Dia as you);
attempts, in any manner, to obtain the password, account, or other security information from any other user;
violates the security of any computer network, or cracks any passwords or security encryption codes;
runs Maillist, Listserv, any form of auto-responder or “spam” on Dia, or any processes that run or are activated while you are not logged into Dia, or that otherwise interfere with the proper working of Dia (including by placing an unreasonable load on Dia’s infrastructure);
“crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to Dia or Content (through use of manual or automated means);
copies or stores any significant portion of the Content;
decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to Dia;
uses Dia or any Output to develop models or build an application, service, product or other offering that compete with any Browser product or service; or
uses Dia for automatic decision-making purposes.

A violation of any of the foregoing is grounds for termination of your right to use or access Dia.

What are my rights in Dia?

The Content displayed or performed or available on or through Dia is protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through Dia, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Browser’s) rights.

Subject to these Terms, we grant each user of Dia a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using Dia. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using Dia is expressly prohibited without prior written permission from us. You understand that Browser owns Dia. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any portion of Dia. Dia may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

You also understand that certain Output generated by Dia may be generated through use of artificial intelligence. As between you and Browser, you shall own all right, title and interest in and to the Output; subject to the licenses granted below. You acknowledge and agree that artificial intelligence and machine learning are rapidly evolving fields of study, and use of Dia may in some situations result in incorrect or inaccurate Output. You must verify the accuracy and appropriateness of any Output before relying on such Output.

What about anything I contribute to Dia – do I have to grant any licenses to Browser or to other users?

User Content

Any data, information, prompts, Skills (as defined below) or other material you post, upload, share, store, submit, create or otherwise provide through Dia, or in the course of using Dia, is your “User Content”. Some User Content may be viewable by other users. You are solely responsible for all User Content you contribute to Dia, including for the accuracy, quality, integrity, legality, reliability, and appropriateness thereof. You represent that all User Content created by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations, and that you have all rights, licenses and permissions to provide, upload or submit the User Content to Dia and to grant the licenses herein. You agree that you are solely responsible for (and that Browser has no responsibility to you or any third party for) any User Content that you create, transmit or display while using Dia and for the consequences of your actions (including any loss or damage which Browser may suffer) by doing so.

You agree that you will not post, upload, share, store, or otherwise provide through Dia any User Content that: (i) violates these Terms; (ii) infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.); (iii) exploits minors; (iv) that violates any law; (v) that steers Dia to conduct any automated activities, including any automated decision-making; or (vi) otherwise attempts to do any of the foregoing.

Licenses

In order to display your User Content on Dia, and to allow other users to enjoy it (where applicable), you grant us certain rights in the User Content (see below for more information). Please note that all of the following licenses are subject to our Dia Privacy Policy to the extent they relate to User Content that is also your personally-identifiable information.

By submitting User Content through, or in connection with your use of, Dia, you hereby do and shall grant Browser a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, sublicensable and transferable license to use, modify (for technical purposes, for example, making sure your content is viewable on a mobile device as well as a computer), display, translate, aggregate, reproduce, display, and otherwise act with respect to such User Content and any resulting Output to enable Browser to provide, maintain, develop and improve Dia, including to train our models. If you want to opt-out from our use of your User Content to train our models, you may do so in the privacy section of your account settings. In addition, you agree that Browser: (i) may disclose aggregate measures of usage and performance, and to reuse all general knowledge, experience, know-how, works and technologies (including ideas, concepts, processes and techniques) acquired during provision of Dia hereunder, including that it could have acquired performing the same or similar services for another company; and (ii) shall have a perpetual, worldwide, non-exclusive, irrevocable right and license (a) to create anonymized compilations and analyses of data regarding your use of Dia (“Aggregate Data”), and (b) to create reports, evaluations, benchmarking tests, studies, analyses and other work product from Aggregate Data (“Analyses”). Browser shall own all right, title and interest in and to such Aggregate Data and Analyses and shall have the exclusive right to use such Aggregate Data and Analyses for any purpose, including, but not limited to product improvement, training, testing and marketing of Dia, and training of our models. For clarity, the foregoing license grants do not affect your other ownership or license rights in your User Content. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Finally, you understand and agree that Browser, in performing the required technical steps to provide Dia to our users (including you), may need to make changes to your User Content to conform and adapt those User Content to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

Skills

Dia provides you with the ability to create shortcuts for repeatable workflows that can be used in Dia (each, a “Skill”), and you may be able to share those Skills with third parties, including other Dia users, via a URL or other sharing mechanism. If you choose to share a Skill you have created with a third party, you hereby grant to any third party with access to the Skill, whether or not you actually intended to provide such third party with access, a non-exclusive, fully paid, royalty-free, perpetual, sublicensable, irrevocable, and worldwide license to access, install, use, modify, translate, aggregate, reproduce, display, creative derivative works of and otherwise act with respect to such shared Skill. You acknowledge and agree that third parties who receive access to such Skill may choose to share it with other third parties, including any non-Dia users; once you share a Skill with a third party, Browser will have no control over who may have access to such Skill or how such third party may use such Skill, and Browser shall have no obligation to restrict or monitor such access or use. Additionally, you acknowledge and agree that you may not be able to modify or delete a Skill you have created once it has been shared and you may not be able to prevent further sharing of such Skill once initially shared, even if you delete your Dia account.

You may additionally choose to submit your Skill(s) to Dia’s Skills Gallery, a publicly available page that allows individuals, including non-Dia users, to explore and access posted Skills, as if such Skill had been shared with them as described above. In the event you submit a Skill to the Skills Gallery, for the avoidance of doubt, you agree that the licenses granted to Browser and third parties as described in these Terms shall apply to such Skills. If you do not want third parties to be able to access or use Skills you have created, do not submit your Skill to the Skills Gallery or otherwise share it with any third party.

Notwithstanding anything to the contrary, you acknowledge and agree that we may revoke a Skill at any time for any reason in our sole discretion, including by removing a Skill from the Skills Gallery and/or by preventing further access or use of the Skill by any party, including you. If we revoke a Skill, whether or not created by you, such Skill will be remotely uninstalled from your device and you may no longer be able to access, use or share such Skill. If you re-create a Skill after it has been revoked, such act may be a violation of these Terms, as determined in our sole discretion, and we may terminate (or suspend access to) your use of Dia in whole or in part.

In the event that you delete your Dia account, you acknowledge and agree that any Skills you have shared to the Skills Gallery or otherwise shared with any third party may remain fully available and we have no obligation to cease display in the Skills Gallery or prevent access or use by any third parties with whom the Skill has been shared.

What if I see something on Dia that infringes my copyright?

In accordance with the DMCA, we’ve adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through Dia infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Browser’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, email address;
5. A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
1. remove or disable access to the infringing material;
2. notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
3. terminate such content provider’s access to Dia if he or she is a repeat offender.
Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
1. A physical or electronic signature of the content provider;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
4. Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.

Please contact Browser’s Designated Agent at the following address:

The Browser Company of New York, Inc.

Attn: DMCA Designated Agent

285 N 6th St 5th Floor Brooklyn, NY 11211

Who is responsible for what I see and do on Dia?

Any information or Content publicly posted or privately transmitted through Dia, including any Skills, are the sole responsibility of the person from whom such Content originated, and you access all such information and Content, including any Skills, at your own risk, and we aren’t liable for any errors or omissions in such information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content, including any Skills, or what actions you may take as a result of having been exposed to such Content, and you hereby release us from all liability for you having acquired or not acquired Content through Dia, including any Skills. We can’t guarantee the identity of any users with whom you interact in using Dia and are not responsible for which users gain access to Dia.

You are responsible for all User Content you contribute, in any manner, to Dia, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

Dia may contain links or connections to third-party websites or services that are not owned or controlled by Browser. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Browser is not responsible for such risks.

Browser has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through Dia. In addition, Browser will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize via Dia. By using Dia, you release and hold us harmless from any and all liability arising from your use of any third-party website or service. Your interactions with organizations and/or individuals found on or through Dia, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Browser shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site or Dia, or between users and any third party, you agree that Browser is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Browser, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or Dia. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Will Browser ever change Dia?

We’re always trying to improve Dia, so it may change over time. We may suspend or discontinue any part of Dia, or we may introduce new features or impose limits on certain features or restrict access to parts or all of Dia. If you are using a free version of Dia, we will use commercially reasonable efforts to provide you with thirty (30) days’ notice before we adjust any usage caps you may be subject to. Otherwise, we’ll use reasonable efforts to provide you with notice when we make other material changes to Dia that would adversely affect you. We reserve the right to remove any User Content from Dia at any time, for any reason (including, but not limited to, if someone alleges you contributed that User Content in violation of these Terms), in our sole discretion, and without notice.

Does Dia cost anything?

Dia offers a free experience along with paid subscription plans and usage-based features. New users may receive a free trial before a paid plan is required to continue using certain features. For a current description of our plans and usage allowances please see our Pricing Page. If you subscribe to a paid plan or use a free trial, the additional terms in “What if I subscribe to a paid plan?” and “What happens during a free trial?” apply. Plans, pricing, and usage allowances are described on the Pricing Page and are subject to change; we will use commercially reasonable efforts to provide notice of material changes as described in these Terms.

Paid Offerings. Certain features of Dia may be subject to payment, including through subscription plans (the “Paid Offerings”). Please see our Pricing Page for a description of our current plans and Paid Offerings. Please note that any payment terms presented to you in the process of using or signing up for a Paid Offering are deemed part of these Terms.
Usage and Allowances. If you subscribe to a paid plan, your usage is metered against a periodic allowance, and you may purchase additional usage. Terms that apply to usage and allowances are described in “What if I subscribe to a paid plan?” below.
Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on Dia (your “Billing Account”) for use of the Paid Offerings. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe’s Terms of Service at Consumer Terms of Service and their Privacy Policy at Privacy Policy . We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use Paid Offerings, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Offerings in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Recurring Billing. Some of the Paid Offerings may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such features have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO YOUR ACCOUNT SETTINGS.
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE IN YOUR ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID OFFERINGS UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID OFFERINGS AS SET FORTH ABOVE.
Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Auto-Renewal for Paid Offerings. Unless you opt out of auto-renewal, which can be done through your account settings, any Paid Offerings you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or cancel your Paid Offerings at any time, go to your account settings, as further described on our Pricing Page. If you terminate a Paid Offering, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, except as otherwise required by law, rule or regulation, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID OFFERING THROUGH YOUR ACCOUNT SETTINGS OR TERMINATE YOUR DIA ACCOUNT BEFORE THE END OF THE RECURRING TERM. PAID OFFERINGS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, BROWSER WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.
Reaffirmation of Authorization. Your non-termination or continued use of a Paid Offering reaffirms that we are authorized to charge your Payment Method for that Paid Offering. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Offering.

What if I subscribe to a Paid Offering?

The following terms apply only if you subscribe to a Paid Offering.

Plans and Usage. Paid Offerings and usage allowances are described on the Pricing Page. Usage is measured in tasks. The number of tasks associated with a request reflects the nature and extent of the work Dia performs to fulfill it and the resources used to do so. The amount of usage included in a plan or credit purchase is determined by us in our discretion. As you use Dia, your allowance is consumed. We may change the method by which tasks are calculated, and the factors it takes into account at any time.⁠ If you reach your allowance, you may purchase additional usage as described in “Credits and Overages.” You can view your current usage and set a monthly usage limit in your account settings.
Credits and Overages. If you reach your plan's usage allowance, you may continue using Paid Offerings by purchasing additional usage in blocks, either automatically if you opt in or as a one-time purchase. If you do not purchase additional usage, access to Paid Offerings pause until your allowance resets at your next billing cycle. Additional usage blocks are available to purchase only while you have an active paid subscription. The available block amounts and pricing are described on the Pricing Page. Plan allowances reset each billing cycle and do not roll over. Purchased usage rolls over and remains available until consumed or until it expires, as stated on the Pricing Page.
Changes to Pricing or Plans. We will give you at least thirty (30) days' notice, by email and/or in-product notice, before an increase to your plan's price or a material reduction to your plan's usage allowance takes effect. Changes to how a unit of usage is calculated are governed by Section 1. If you do not agree to a change, you may cancel before it takes effect; your continued use after the effective date constitutes acceptance.
Subscription, Renewal, and Cancellation. Paid Offerings and usage are billed through the Payment Processor as described in “Does Dia cost anything?” above. Subscriptions renew automatically for successive periods until cancelled in your account settings. If you cancel, you retain access through the end of your current billing period. Except as required by law, fees already paid are non-refundable.

What if I’m on a free trial?

From time to time we may offer a free trial that gives you temporary access to Paid Offerings. The following terms apply if you are on a free trial, whether or not you later subscribe to a Paid Offering.

Duration. Your free trial lasts for the period stated when your trial begins.
Payment. We do not require a payment method to begin a free trial. Unless otherwise stated, we will not charge you when a free trial ends. No fees accrue during a free trial.
After the free trial. If you do not subscribe to a paid plan, access to the applicable Paid Offerings will end. Dia will continue to function without those features until you choose a paid plan.
Changes and eligibility. We may modify or discontinue free trials and change eligibility requirements at our discretion.

What if I want to stop using Dia?

You’re free to do that at any time by contacting us at help@diabrowser.com; please refer to our Dia Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using Dia. If you terminate your account or subscription, any fees or prepaid amounts you have already paid are non-refundable, except as required by law, and you will not receive a refund for any unused usage or the remaining subscription period.

Browser is also free to terminate (or suspend access to) your use of Dia or your account for any reason in our discretion, including your breach of these Terms. Browser has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. If we terminate or suspend your account or access, we will cancel any recurring charges going forward, and any fees or prepaid amounts you have already paid are non-refundable, including for any unused usage or the remaining subscription period, except as required by law.

Account termination may result in deletion of any Content (including User Content and Output) associated with your account, so keep that in mind before you decide to terminate your account.

If you have deleted your account by mistake, contact us immediately at help@diabrowser.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

What else do I need to know?

Warranty Disclaimer. Browser and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Browser and all such parties together, the “Browser Parties”) make no representations or warranties concerning Dia, including without limitation regarding any Content contained in or accessed through Dia or any Output generated from Dia, and the Browser Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through Dia or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, Dia. The Browser Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with Dia. DIA, CONTENT AND OUTPUT ARE PROVIDED BY BROWSER (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF DIA WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN PARTICULAR, THE BROWSER PARTIES, DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF DIA, OR ANY OUTPUT, WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,

(B) YOUR USE OF DIA WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF DIA, INCLUDING ANY OUTPUT, WILL BE ACCURATE OR RELIABLE, AND

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF DIA WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF DIA, INCLUDING ANY OUTPUT, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, OR LOSS OF DATA, THAT RESULTS FROM THE DOWNLOAD OF OR ACCESS TO ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE BROWSER PRODUCTS AND SERVICES, INCLUDING DIA, ARE NOT INTENDED OR SUITABLE (I) FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE BROWSER PRODUCTS OR SERVICES, INCLUDING DIA, COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE NOR (II) TO BE USED TO MAKE LEGALLY-IMPACTFUL DECISIONS ABOUT YOU OR ANY OTHER PERSON, INCLUDING WITH RESPECT TO FINANCIAL OR LENDING SERVICES, HOUSING, INSURANCE, EDUCATION ENROLLMENT OR OPPORTUNITY, CRIMINAL JUSTICE, EMPLOYMENT OPPORTUNITIES, HEALTH-CARE SERVICES OR ACCESS TO ESSENTIAL GOODS OR SERVICES.

WITHOUT LIMITING THE FOREGOING, BROWSER WILL NOT BE RESPONSIBLE FOR ANY ACTIONS BY YOU BASED ON ANY OUTPUT, AND YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF ANY OUTPUT GENERATED THROUGH DIA. BROWSER CANNOT CONTROL AND HAS NO DUTY TO TAKE ANY ACTION REGARDING HOW YOU MAY INTERPRET, RELY ON, ACT ON OR USE ANY OUTPUT, AND YOU HEREBY RELEASE BROWSER FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED OUTPUT THROUGH DIA.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE BROWSER PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO BROWSER IN CONNECTION WITH DIA IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Dia account, in any way (by operation of law or otherwise) without Browser’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law. These Terms are governed by and will be construed under the laws of the State of New York, without regard to the conflicts of laws provisions thereof. The jurisdiction and venue for actions related to these Terms will be the state and federal courts located in New York, New York.