TERMS OF SERVICE

1. About us and acceptance

These Terms of Service (“Terms”) govern your access to and use of the website located at dymix.pro (the “Website”) and the services provided by Dmytro Doroshenko (“Dymix”, “we”, “us”, “our”), a company incorporated in United Kingdom.

By accessing the Website, booking a consultation, or engaging us to deliver services, you confirm that you have read, understood and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

If you do not agree with these Terms, please do not use the Website or our services.

2. Definitions

“Client” means any legal or natural person who engages Dymix for the provision of Services. “Services” means the AI automation, workflow design, integration, consulting, implementation, optimisation and support services provided by Dymix. “Deliverables” means the automations, workflows, scripts, configurations, documentation, dashboards and other materials produced by Dymix for the Client. “SOW” means a statement of work, proposal, order form or written agreement describing the specific Services to be delivered. “End User” means any individual who interacts with the Client’s assets or systems, including the Client’s customers, community members, prospects and contacts. “Third-Party Platform” means any platform, API or service used in the delivery of Services, including but not limited to X (Twitter), Discord, Telegram, LinkedIn, Google, Meta, Slack, Notion, HubSpot, Make, n8n, Zapier and AI model providers. “AI Provider” means any third-party provider of artificial intelligence or large language model services used in the Deliverables.

3. Scope and order of precedence

These Terms apply to the Website and form the baseline commercial framework for our Services. Individual engagements are governed by a signed SOW and, where personal data is processed on the Client’s behalf, a Data Processing Agreement (“DPA”).

In the event of conflict, the order of precedence is: (1) the signed SOW, (2) the DPA, (3) these Terms. Nothing in an SOW may reduce our obligations under applicable data protection law.

4. The Services

Dymix designs, builds, deploys and maintains custom automation and AI-assisted systems, which may include workflow automation and system integration, social and community engagement automation, lead generation and outreach infrastructure, data enrichment and validation workflows, reporting and analytics dashboards, and related consulting, training and support.

The precise scope, timeline, acceptance criteria, dependencies and fees for each engagement are defined exclusively in the applicable SOW. Any work outside that scope is subject to a written change request and may incur additional fees and timeline adjustments.

Unless the SOW states otherwise, Dymix provides implementation and configuration services — not a licensed software product, hosting service, or telecommunications service.

5. Client obligations

The Client shall provide accurate, complete and lawful information, materials, brand assets and access credentials necessary for delivery, and shall ensure that all accounts, API keys and permissions granted to Dymix remain valid, authorised and lawfully obtained.

The Client shall nominate a responsible point of contact and respond to requests for approval, feedback or information within a reasonable time. Delays attributable to the Client extend delivery timelines accordingly and do not entitle the Client to a refund or penalty.

Critically, the Client is solely responsible for ensuring that its intended use of the Deliverables complies with all applicable laws and with the terms, developer policies, automation rules, rate limits and community guidelines of every Third-Party Platform involved. This includes, without limitation, laws governing electronic marketing and unsolicited communications (including the UK PECR, the EU ePrivacy Directive, CAN-SPAM and CASL), data protection law, consumer protection law, advertising standards, and financial promotion and securities regulation.

Where the Deliverables involve communication with, or processing of data about, End Users, the Client acts as data controller and is responsible for establishing a lawful basis, issuing required privacy notices, honouring opt-outs and data subject requests, and updating its own privacy policy and terms to disclose the use of AI-assisted and automated communication.

6. Acceptable use and prohibited activities

The Client shall not use the Services or Deliverables to: send unsolicited bulk communications in breach of applicable law; engage in spam, phishing, fraud, impersonation or deceptive practices; create, purchase or simulate artificial engagement, fake accounts, bot followers or inauthentic activity; manipulate markets, token prices or trading volume, or engage in coordinated promotional activity that misleads investors; circumvent platform security controls, rate limits, authentication or anti-automation measures; scrape, harvest or process personal data without a lawful basis; distribute malware or harmful code; infringe intellectual property, privacy or publicity rights; or carry out any activity prohibited by applicable law or by a Third-Party Platform.

Dymix may suspend or terminate Services immediately, without refund, where it reasonably believes the Client is in breach of this section. Dymix reserves the right to decline any request that would require it to breach a Third-Party Platform’s terms.

7. Dependency on third-party platforms and AI providers

The Services depend on Third-Party Platforms and AI Providers that are outside our control. Those providers may unilaterally change or deprecate APIs, alter rate limits, permissions, pricing or policies, suspend or revoke access, restrict or suspend the Client’s own account, or experience outages.

Where such an event occurs, Dymix will notify the Client promptly and work in good faith to identify an alternative or workaround. However, Dymix is not liable for any loss, damage, downtime, account restriction, account suspension or lost revenue resulting from the acts or omissions of a Third-Party Platform, and the Client is not entitled to a refund or credit for periods affected by such events. Dymix may suspend or withdraw an affected Deliverable without penalty where continued delivery becomes technically impossible, commercially unviable or unlawful.

The Client acknowledges that automation of third-party platforms carries an inherent risk of account restriction and accepts that risk.

8. Artificial intelligence: specific terms

Deliverables may incorporate AI models supplied by third parties. AI-generated output is probabilistic and may be inaccurate, incomplete, outdated, biased or inappropriate. The Client is responsible for implementing appropriate human oversight, review and escalation procedures proportionate to the risk of the relevant workflow, and must not rely on AI output as the sole basis for decisions with legal, financial, medical, employment or similarly significant effects.

Where required by applicable law — including Article 50 of the EU AI Act — automated systems that interact with individuals must disclose that they are automated. Where Dymix implements such a disclosure, it may not be disabled at the Client’s request.

Dymix does not warrant that AI-generated output is original, non-infringing, or free from third-party rights. Where the Client publishes AI-generated content, the Client is responsible for review, factual accuracy, compliance with advertising and disclosure rules, and any consequences of publication.

Unless expressly agreed in writing, Dymix does not use Client data or End User data to train its own or third-party AI models, and will use AI Providers under terms that exclude training on submitted data where such terms are commercially available.

9. Web3 and financial promotion disclaimer

Dymix provides technical and marketing automation services only. Dymix does not provide investment, financial, tax, accounting or legal advice, does not endorse any token, digital asset or protocol, and does not act as a promoter, underwriter, distributor or adviser in relation to any offering of digital assets or securities.

Where the Client operates in the digital asset sector, the Client is solely responsible for determining the regulatory characterisation of its assets and activities, for obtaining any required authorisation, and for the content, accuracy and compliance of any promotional material, including risk warnings and disclosures required by applicable financial promotion rules. The Client shall not instruct Dymix to produce or distribute content that constitutes an unlawful financial promotion.

10. Fees, invoicing and taxes

Fees, payment schedule, currency and any retainer or subscription arrangement are set out in the SOW. Unless otherwise agreed, invoices are payable within [14] days of issue.

All fees are exclusive of VAT and any other applicable taxes, duties or withholding, which are payable by the Client in addition. Third-party costs (platform subscriptions, API usage, AI model consumption, data enrichment credits, advertising spend, hosting) are the Client’s responsibility unless expressly stated to be included.

Late payment may attract interest at [8]% per annum above the Bank of England base rate, or the maximum permitted by law if lower, and Dymix may suspend Services after giving [7] days’ written notice. Except where required by law or expressly stated in the SOW, fees are non-refundable, including where the Client terminates for convenience or fails to use the Services.

11. Intellectual property

Dymix retains all rights in its pre-existing and generally applicable intellectual property, including its methodologies, frameworks, know-how, reusable templates, libraries, prompt architectures, tooling and internal infrastructure (“Background IP”).

Subject to full payment of all sums due, Dymix grants the Client a perpetual, worldwide, non-exclusive, non-transferable licence to use the Background IP solely to the extent embedded in the Deliverables and solely for the Client’s internal business purposes. Where the SOW expressly provides for assignment of bespoke Deliverables, that assignment takes effect upon full payment.

The Client retains all rights in its own content, brand assets, data and systems, and grants Dymix a limited licence to use them solely for the purpose of delivering the Services.

The Client may not resell, sublicense, distribute, or reverse-engineer Dymix’s Background IP, or offer the Deliverables as a standalone product or service to third parties, without prior written consent.

Any feedback or suggestions provided by the Client may be used by Dymix freely and without obligation.

12. Confidentiality

Each party shall keep confidential all non-public information disclosed by the other in connection with the engagement, use it solely for the purposes of the engagement, and protect it with at least the same degree of care it applies to its own confidential information. This obligation does not apply to information that is or becomes public without breach, was lawfully known before disclosure, is independently developed, or is required to be disclosed by law or a competent authority (with prior notice where lawful). These obligations survive termination for [three (3)] years, and indefinitely in respect of trade secrets.

13. Data protection

Each party shall comply with applicable data protection law, including the UK GDPR, the Data Protection Act 2018 and, where applicable, the EU GDPR.

Where Dymix processes personal data on behalf of the Client, Dymix acts as processor and the Client as controller. Such processing is governed by a separate DPA, which addresses subject matter and duration, categories of data and data subjects, security measures, authorised sub-processors, assistance with data subject requests, breach notification, international transfers and deletion or return of data on termination. Where no DPA has been signed, the parties agree to execute one before any such processing begins.

Where Dymix processes personal data for its own purposes — for example website analytics, prospect and client relationship management, and its own marketing — Dymix acts as controller, as described in our Privacy Policy.

14. Warranties and disclaimers

Dymix warrants that it will perform the Services with reasonable skill and care, in accordance with the SOW, and using appropriately qualified personnel.

Save as expressly stated, the Services and Deliverables are provided “as is” and “as available”, and all other warranties, conditions and terms, whether express or implied by statute, common law or otherwise, are excluded to the fullest extent permitted by law.

Dymix does not warrant that the Services or Deliverables will be uninterrupted, error-free, or free from vulnerabilities, or that they will be compatible with future versions of any Third-Party Platform.

No guarantee of results. Any performance figures, case studies, benchmarks, testimonials, cost-saving estimates or growth metrics published on the Website or presented during the sales process are illustrative examples of past outcomes for specific clients under specific conditions. They are not a prediction, promise, projection or warranty of the results the Client will achieve. Results depend on factors outside our control, including the Client’s market, product, budget, team, data quality and execution.

15. Limitation of liability

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be limited.

Subject to the above, Dymix shall not be liable for any loss of profit, loss of revenue, loss of anticipated savings, loss of business or opportunity, loss of goodwill or reputation, loss or corruption of data, business interruption, third-party platform action (including account suspension, restriction or ban), inaccuracy of AI-generated output, or any indirect or consequential loss, in each case however arising.

Subject to the above, Dymix’s total aggregate liability arising out of or in connection with the Services, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total fees paid by the Client to Dymix under the relevant SOW in the twelve (12) months immediately preceding the event giving rise to the claim.

The Client acknowledges that these limitations are reasonable given the nature of the Services and are reflected in the fees charged.

16. Indemnity

The Client shall indemnify and hold harmless Dymix, its officers, employees and contractors against all claims, demands, proceedings, losses, damages, fines, penalties, costs and expenses (including reasonable legal fees) arising out of or in connection with: the Client’s breach of these Terms or of applicable law; the Client’s use of the Deliverables in a manner not authorised by these Terms or the SOW; content, data, instructions or materials supplied or approved by the Client; the Client’s breach of any Third-Party Platform’s terms; any claim by an End User relating to communications sent through, or data processed by, systems operated by or on behalf of the Client; and any regulatory action relating to the Client’s marketing, financial promotion or data protection practices.

17. Term, suspension and termination

The engagement runs for the term specified in the SOW. Either party may terminate an open-ended or rolling engagement on [30] days’ written notice.

Either party may terminate immediately on written notice if the other commits a material breach that is not remedied within [14] days of notice, or becomes insolvent, enters administration, liquidation or an equivalent process.

Dymix may terminate or suspend immediately where the Client breaches section 6 (Acceptable use), fails to pay following notice, or where continued delivery would expose Dymix to legal or regulatory risk.

On termination, the Client shall pay for all Services performed and costs committed up to the effective date; Dymix shall, on request and at the Client’s cost, provide reasonable transition assistance; access credentials shall be revoked; and Client data shall be returned or deleted in accordance with the DPA. Sections relating to intellectual property, confidentiality, data protection, liability, indemnity and governing law survive termination.

18. Publicity

Unless the Client notifies us in writing that it objects, Dymix may identify the Client as a customer and describe the engagement in anonymised or general terms in its portfolio and marketing materials. Use of the Client’s name, logo or specific performance figures requires prior written consent.

19. Non-solicitation

During the engagement and for [twelve (12)] months afterwards, neither party shall knowingly solicit for employment or engagement any individual materially involved in delivering the Services, except through a general public recruitment campaign not targeted at that individual.

20. Force majeure

Neither party shall be liable for any delay or failure to perform caused by events beyond its reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, governmental action, sanctions, strikes, cyberattack, failure of telecommunications or internet infrastructure, or outages of Third-Party Platforms or AI Providers. Obligations are suspended for the duration of the event; if it continues for more than [60] days, either party may terminate the affected SOW on written notice.

21. Website use

The Website is provided for general information only and does not constitute an offer, advice or a binding commitment. Content on the Website is owned by Dymix or its licensors and may not be copied, reproduced or republished without permission. You must not attempt to gain unauthorised access to the Website, introduce malicious code, or use automated means to extract data from the Website without consent.

22. Changes to these Terms

We may update these Terms from time to time. The current version is always published at [dymix.pro/terms] with the “Last updated” date. Material changes affecting an active engagement will be notified to the Client by email at least [30] days in advance. Changes do not apply retroactively to work already performed.

23. Governing law and jurisdiction

These Terms and any dispute arising out of or in connection with them are governed by the laws of [England and Wales]. The parties submit to the exclusive jurisdiction of the courts of [England and Wales]. Before commencing proceedings, the parties shall attempt in good faith to resolve the dispute through senior-level discussion for a period of [30] days.

24. General

These Terms, together with the SOW and DPA, constitute the entire agreement between the parties and supersede all prior discussions, proposals and representations. Neither party may assign its rights without the other’s consent, except to an affiliate or in connection with a merger or sale of substantially all assets. Dymix acts as an independent contractor; nothing creates a partnership, joint venture, agency or employment relationship. If any provision is held invalid, the remainder continues in full force. A failure to enforce any provision is not a waiver. A person who is not a party has no rights under the Contracts (Rights of Third Parties) Act 1999. Notices must be in writing and sent to the email addresses designated by each party.

25. Contact

Dmytro Doroshenko Email: info@dymix.pro Website: https://dymix.pro