Terms of Service

Terms of Service

Effective Date: 02/12/2024

 

1. Introduction
Welcome to Danny ("the App"), a revolutionary financial freedom and AI companion designed to help you navigate your financial journey with ease and innovation. Developed by OpenFire LLC, a forward-thinking technology company based in Florida, USA, Danny is committed to offering a seamless, user-friendly experience.
By downloading, accessing, or using the App, you acknowledge and agree to be bound by these Terms of Service ("Terms"), which form a legally binding agreement between you and OpenFire LLC, excluding Apple Inc. ("Apple"). These Terms govern your use of the App, available on Apple-branded products. You must read and understand these Terms before using the App. Your use of the App signifies your agreement to these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree with any part of these Terms, you should not use the App.

2. Use of Service
Eligibility
To access and use the App, you must be at least 16 years old. By using the App, you represent and warrant that you meet this age requirement and that you accept and will comply with all the terms and conditions of this agreement.
Account Registration
When you create an account with the App, you are responsible for safeguarding your account information, including your password, and for all activities that occur under your account. You agree to notify OpenFire LLC immediately of any unauthorized use of your account or any other security breach.
Acceptable Use
You agree to use the App solely for lawful purposes and in a manner that does not infringe on the rights of, restrict, or inhibit the use and enjoyment of the app by any third party. Prohibited activities include, but are not limited to, engaging in illegal activities, infringing upon the intellectual property rights of others, or conducting any activity that would constitute a breach of privacy or under any law.

3. Intellectual Property
The content provided through the App, including, but not limited to, text, graphics, logos, icons, images, audio clips, digital downloads, and software, is owned by OpenFire LLC or its content suppliers and is protected by international copyright and intellectual property laws. OpenFire LLC grants you a non-exclusive, non-transferable, revocable license to use the App strictly in accordance with these Terms.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to OpenFire LLC are non-confidential and shall become the sole property of OpenFire LLC. OpenFire LLC shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
By using The App, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the app, use of the app, or access to the app without express written permission by OpenFire LLC.

4. User Content
Rights and Licensing
When you upload, submit, store, send, or receive content to or through The App, you retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours. However, by providing content to the app, you grant OpenFire LLC a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in connection with the provision of the service.
You represent and warrant that:
You own or have the necessary licenses, rights, consents, and permissions to use and authorize OpenFire LLC to use all intellectual property rights in and to any user content, and to enable inclusion and use of the content in the manner contemplated by the service and these Terms.
You have the written consent, release, and/or permission of each identifiable individual person in the content to use the name or likeness of each such person to enable inclusion and use of the content in the manner contemplated by the service and these Terms.
Content Responsibility
OpenFire LLC does not claim ownership of any content that you post on or through the service. You agree that you are solely responsible for all content that you make available through the App. OpenFire LLC has the right but not the obligation to monitor and edit or remove any activity or content. OpenFire LLC takes no responsibility and assumes no liability for any content posted by you or any third party.

5. Privacy
Protecting your privacy is of paramount importance to us. Our Privacy Policy outlines our practices concerning the collection, use, and disclosure of your information when you use the App and tells you about your privacy rights and how the law protects you. By using the service, you agree to the collection and use of information in accordance with our Privacy Policy, which is incorporated into these Terms by reference. We encourage you to review our Privacy Policy regularly to stay informed about our information practices and the ways you can help protect your privacy.

6. Subscription Terms
Annual Subscription
When you purchase an annual subscription to Danny ("the App"), you gain access to premium financial freedom and AI companion features designed to enhance your financial journey. The subscription fee is $34.99 per year.

Auto-Renewal
Your subscription will automatically renew each year, and your account will be charged the annual subscription cost of $34.99 within 24 hours prior to the end of the current subscription period, unless auto-renewal is turned off beforehand. After purchase, you can manage your subscription and turn off auto-renewal by going to your Account Settings. The renewal charge will be the same as the initial subscription cost, unless you are notified otherwise.

Cancellation Policy - Cancellation of Subscription Renewal
Subscribers may cancel their subscription renewal at any time. This cancellation will take effect at the end of the current subscription period, allowing you to enjoy the premium features of Danny ("the App") until the end of your subscription term. To cancel the auto-renewal of your subscription, please adjust your subscription settings in your Apple Store Account. This ensures that you will not be charged for the next billing cycle after your current subscription expires.

Managing Your Subscription - Subscription Management and Auto-Renewal Settings
You have complete control over your subscription and auto-renewal preferences through your Apple Store Account settings. Here, you can cancel your subscription renewal if you decide not to continue with the premium features offered by the App. Any changes to your subscription status, including disabling auto-renewal, must be made at least 24 hours before the end of the current subscription period to avoid being charged for the next cycle. Instructions for managing your subscription settings can be found in your Apple Store Account or by visiting Apple's support website for detailed guidance.

No Refunds
Please be aware that we do not offer refunds for any unused portion of the subscription term.

Changes to Subscription Terms
Danny reserves the right to modify subscription prices, features, or terms at any time. We will provide at least 30 days' notice before any changes take effect, allowing you to make informed decisions about your subscription.

7. Modifications to the Service
OpenFire LLC reserves the right, at its sole discretion, to modify or discontinue, temporarily or permanently, the service or any part thereof with or without notice at any time. We may also change, update, add or remove provisions of these Terms at any time by posting the updated Terms on the App and by notifying you through a notice on the app or via email. By continuing to use the App after such postings, you agree to the revised Terms.
We understand the importance of continuity for our users and strive to keep modifications to a minimum. However, we reserve the right to introduce changes motivated by technological advancements, legal and regulatory requirements, or any other reasons deemed necessary for the continuous operation and improvement of the service.
In the event of a significant change, we will provide at least 30 days' notice before any new terms take effect. What constitutes a significant change will be determined at our sole discretion.

8. Termination
Account Termination Policy
OpenFire LLC reserves the right to terminate or suspend your account and access to the App services at any time, without prior notice or liability, for any reason, including but not limited to a breach of these Terms. Upon termination, your right to use the service will immediately cease.
If you wish to terminate your account, you may simply discontinue using the service or contact us to request account deletion.
All provisions of the Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Warranties and Liability
Acknowledgment of Apple's Role
Users of The App must acknowledge that these Terms are concluded between the user and OpenFire LLC only, and not with Apple, and that Apple is not responsible for the Licensed Application and the content thereof. OpenFire LLC, not Apple, is solely responsible for The App and its content.
Maintenance and Support
OpenFire LLC is solely responsible for providing any maintenance and support services with respect to the App, if such services are required. Users must acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty Claims
In the event of any failure of the App to conform to any applicable warranty, users may notify Apple, and Apple will refund the purchase price for the App to that user. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
Legal Compliance
Users represent and warrant that (i) they are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. government as a "terrorist-supporting" country; and (ii) they are not listed on any U.S. Government list of prohibited or restricted parties.
Third Party Beneficiary
Users must acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon the user's acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against the user as a third-party beneficiary thereof.
Disclaimer of Warranties and Limitation of Liability
Disclaimer of Warranties THE SERVICES PROVIDED BY THE APP AND OPENFIRE LLC ARE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW. OPENFIRE LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OPENFIRE LLC MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OPENFIRE LLC OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPENFIRE LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF OPENFIRE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Governing Law and Jurisdiction
Governing Law These Terms and your use of the App shall be governed by and construed in accordance with the laws of the State of Florida, USA, without giving effect to any choice or conflict of law provision or rule.
Jurisdiction any legal suit, action, or proceeding arising out of, or related to, these Terms or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
Alternative Dispute Resolution Before resorting to litigation, we strongly encourage you to contact us directly to seek a resolution. If the dispute cannot be resolved directly, you and OpenFire LLC agree to submit the dispute to binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law. The arbitration shall be conducted in West Palm Beach, Florida, or another mutually agreed location. The decision of the arbitrator shall be final and binding on both parties. Notwithstanding the above, OpenFire LLC reserves the right to seek injunctive or other equitable relief at a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

11. Changes to Terms
Modifications and Updates
OpenFire LLC reserves the right, at its sole discretion, to modify, amend, or replace these Terms at any time. If we make material changes, we will notify you at least 30 days before the new terms take effect by posting a notice on the App platform or sending you a notification through email or other communication channels.
Your continued use of The App after such modifications have taken effect constitutes your binding acceptance of the new terms. If you do not agree to the new terms, you should stop using The App.

12. Contact Us
Inquiries and Feedback
For any questions, concerns, or comments about these Terms, the App, or your experiences with our service, please contact us at danny@dannyai.app. Our mailing address is 313 Datura St. STE 200, West Palm Beach, FL 33401. Reach us by phone at: +1 (561) 725-8586. In-app, through the customer support form. We are committed to providing a responsive and user-friendly support experience and will do our best to address your inquiries promptly.