Design X Machine Company
Generative AI Design Software Platform and Professional Services

Introduction
Design X Machine Company ("DXM"), a Delaware corporation headquartered in Oregon, offers generative AI design tools and creative services (“Services”) to brands, agencies, and innovators.

These Terms of Use (“Terms”) govern access and use of the dxm.com website and related services. By accessing or using our Services, you agree to these Terms. If you don’t agree, do not use our Services. Questions? Contact us at info@dxm.com.

AI Creative Services
DXM’s generative AI Services create content (text, images, media) based on your inputs. These tools are intended to enhance—not replace—human creativity. The Services are provided “as-is” and “as-available.” We don’t guarantee accuracy or completeness of generated content.

You are responsible for reviewing and validating all outputs before use. DXM isn’t liable for how the content is used or any results from relying solely on AI outputs. We may modify or restrict access to the Services at any time.

DXM may modify, limit, or discontinue any aspect of the Services at any time, without notice. We do not make warranties, express or implied, regarding performance or availability. Use of Services is at your own risk.

Intellectual Property
Unless stated otherwise, all content, code, graphics, and functionality on dxm.com (“Content”) and all DXM trademarks and logos (“Marks”) are the property of DXM. They may not be used commercially without written consent.

Projects we create for you—your custom outputs and deliverables—belong to you. DXM assigns all rights in such Projects to you where applicable by law. You confirm you have the rights to any materials you give us and that your use of our Services doesn’t infringe others' rights, including, but not limited to, intellectual property rights and any right of publicity.

You understand that any content generated by the AI may be subject to copyright or other intellectual property protection. You will not use the generated content in any manner that infringes or violates the intellectual property rights of any third party.

The AI Services provided by DXM may generate or produce content, including but not limited to text, images, or other media. DXM reserves the right to impose restrictions or guidelines on the use of generated content, and may, at its discretion, remove or refuse to generate certain types of content. Use of the Services does not grant you any ownership rights or the right to sublicense, reproduce, distribute, modify, or reverse engineer the AI technology.

User Materials and Rights Confirmation
You are fully and solely responsible for all images, content, files, media, data, or other materials you upload, provide, or ask DXM to use (collectively called “User Materials”). By providing User Materials, you confirm that you own them or that you have obtained all licenses, permissions, releases, and rights required for DXM to use them for any purpose connected to the Services. DXM does not review, verify, screen, or confirm User Materials for ownership, licensing, or compliance.

DXM Not Liable for User Materials
DXM is not responsible for any legal issue that arises from User Materials. This includes copyright claims, trademark claims, privacy or publicity claims, model or property release issues, brand or agency rights, and any other legal or contractual rights. DXM makes no warranty that your User Materials, or any content produced from them, are free from third-party claims.

‍Your Responsibility for Third-Party Claims
If any person or entity makes a claim or files a lawsuit stating that your User Materials, or any content created using your User Materials, violate their rights, you are entirely responsible for the claim. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless DXM and its officers, employees, contractors, and partners from all claims, losses, damages, penalties, legal fees, costs, and liabilities that arise from your User Materials. This includes any claim made by a rights holder, photographer, agency, brand owner, model, or any other individual or organization.

Suspension or Removal of Materials
If DXM receives a complaint or credible notice that User Materials may infringe rights or violate any law, DXM may remove or disable access to the materials, pause work, or suspend your access to the Services. DXM may do this without prior notice. These actions do not reduce or limit your financial responsibility, which remains in full effect.

No Duty to Monitor or Detect Violations
DXM is not responsible for monitoring User Materials, reviewing User Materials for legal compliance, or detecting any potential infringement or violation. You understand and agree that DXM performs no legal review, rights clearance, or intellectual property screening of any kind.

Third-Party Media
If a Project includes third-party fonts or media that require separate commercial licensing, we’ll let you know what needs to be licensed and how. You are responsible for securing those licenses before using the content publicly.

User Obligations & Conduct
By using our Services, you agree to:

• Be of legal age and provide accurate information

• Keep your account secure and not share access

• Use Services lawfully and responsibly

• Avoid posting or transmitting harmful, illegal, or infringing content

Oversight
DXM may monitor platform usage for compliance. We may restrict or revoke access at our sole discretion in cases of Terms violations, unauthorized use, or suspicious activity. We act to protect both our systems and client data.

Subscriptions, Payments & Billing
Subscription fees are in USD and billed in advance—monthly or annually. Valid payment info is required. Subscriptions renew automatically unless canceled.

If a payment fails, access may be suspended. DXM may adjust pricing with advance notice. Continued use implies agreement to new pricing.

Non-payment/Late payment
If the bank rejects a card transaction or a different payment method is refused, the subscription and/or options will not be final and the Client shall be responsible for contacting DXM to pay for the subscription and/or options using another payment method.

In addition, if necessary, DXM reserves the right to suspend or cancel the subscription and/or the options without being held liable. Where applicable, payments to be made up to the anniversary date of the subscription and/or of the options will be payable immediately.

Refunds & Cancellations
Refunds are not guaranteed. Requests are considered case-by-case. If granted:

• A 25% processing fee may apply.

• You may not use any materials generated during the refunded period.

Full refunds may be issued for cancellations within 7 days (monthly) or 30 days (annual) of sign-up or renewal. Cancellations after that time do not qualify for a refund. Access ends if your subscription lapses.

Limitations
DXM provides the Services “as-is.” We are not liable for:

• Downtime or access issues

• Errors in generated content

• Third-party links or content

• Losses or damages from Service use

Governing Law
These Terms are governed by Oregon law. Any disputes must be resolved in the courts of Deschutes County, Oregon or the U.S. District Court for the District of Oregon.

Limitation of Liability
You use DXM at your own risk. DXM isn’t responsible for losses including (but not limited to) profits, data, or legal claims. You agree to indemnify DXM from any claims resulting from your misuse of the Services or breach of these Terms. Any legal action of whatever nature shall be brought in the state courts of Deschutes County, Oregon or in the United States District Court for the District of Oregon. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms.

Electronic Communications
By creating an account or using the Services, you agree to receive communications electronically. You may opt out of marketing messages at any time.

Confidentiality of Design Work
Unless otherwise agreed in writing, DXM may showcase design work publicly. Clients may request an NDA to restrict public sharing of work.

Changes to Terms
We may update these Terms from time to time. Continued use of the Services means you accept any changes. The latest version will always be available on our website.

AI Ethics
AI is transforming how creative work is made. At DXM, we take that responsibility seriously.

We follow these principles:

• We prohibit content that promotes discrimination or harassment.

• We assess outputs for bias and provide creative controls to reduce unintended harm.

• We support transparency, watermarking, and content provenance as it evolves.

• We maintain a “human-in-the-loop” approach and encourage ongoing education around AI ethics.

We believe AI should empower—not replace—human creativity.
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Contact Information
‍For questions, feedback, comments, or requests, please contact DXM by email at: info@dxm.com.

DXM
Design X Machine Company™
info@dxm.com

Last updated: 12/1/2025

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