Dreami AI Terms of Service

1. Services

Dreami AI is an online platform which provides a conversational, AI-powered service that allows users to engage in a variety of interactions. ("Service") The platform generates responses ("Outputs") to user-inputted questions and statements ("Prompts"). The technology underlying the Outputs is a result of several factors which may include but are not limited to: the platform's coding framework, volumes of data, Prompts from the current user, Prompts from prior users, and prior Outputs.

The symbiotic relationship between Prompts and Outputs ("Interactions") is intended to instill a sense of sentient connection in the user. The Service is designed to simulate human conversation and provide information, entertainment, and engagement through text-based interactions. However, the Service does not guarantee the accuracy, completeness, or appropriateness of any Outputs, and Outputs may be influenced by the quality, clarity, and context of user Prompts.

The Service is limited to text-based conversational interactions and does not include voice, video, or real-time human support. The Service may not be available at all times and may be subject to interruptions, delays, or errors. The Service relies on external data sources and machine learning models, which may not always reflect the most current or accurate information. Users are responsible for verifying any information provided by the Service before relying on it.

By agreeing to these Terms, you agree that you understand that Dreami AI is an online platform designed to mimic instances of human interaction through the users' individual engagement. Dreami AI provides the user with the experience of interacting with a human being, but the Outputs generated as responses to the Prompts are never generated by a human being. Dreami AI is a form of generative artificial intelligence designed to simulate human interaction.

The Service uses artificial intelligence to generate text-based Outputs in response to user Prompts. These Outputs are automatically produced by machine learning models and are not reviewed, edited, or verified by human beings before being provided to you. You acknowledge that you are interacting with an AI system and not a live person, and that the Outputs may not always be accurate, complete, reliable, or appropriate.

2. License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal, non-commercial use. This license is conditioned on your continued compliance with these Terms.

3. Age Limitations

Use of the Service is limited to individuals aged 13 and above. By using our Service, You represent and warrant that you are at least 13 years of age. If you are under 18 years of age but at least 13 years old, you may only use the Service with the involvement and verifiable consent of your parent or legal guardian, who must review and agree to these Terms on your behalf. We reserve the right to require age verification and confirmation of parental or guardian consent at any time to comply with applicable child protection laws.

4. Acceptable Use Policy

You agree to use the Service in accordance with the following Acceptable Use Policy. The following are examples of prohibited conduct. This list is not exhaustive, and other conduct may also be prohibited at our discretion:

• You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government, including but not limited to fraud, hacking, or distribution of illegal content.
• You agree not to use this Service in furtherance of any action which threatens, encourages, or causes any harm to any person, including but not limited to threats of violence, incitement to self-harm, or encouragement of dangerous activities.
• You agree not to use this Service in furtherance of any action which encourages or consists of any threat of harm or harassment of any kind to any person or property, including but not limited to bullying, stalking, intimidation, or discrimination based on race, gender, sexual orientation, religion, or disability, or assists any other person or group in doing so.
• You agree that you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person.
• You agree not to collect or attempt to collect personally identifiable information of any other user of the Service without their express consent. In the event that You collect any such information, You shall maintain records of any such consent throughout the time that You maintain an account with the Service and for three years thereafter.
• You agree not to undertake any action which is harmful or potentially harmful to the Service's server structure.
• Your limited license to use the Service is non-transferable and may not be leased, subleased, sublicensed, shared, or otherwise transferred to any third party without the specific, express written consent of the Service.
• You agree not to abuse, whether verbally or physically or whether in person, via email or telephone or otherwise (a) any other customer of Service (b) any service provider, employee or contractor of the Service.
• You will not use the Service to distribute in any way, promote, or otherwise publish any material, including by way of Prompts, Responses, Interactions, containing any solicitation for funds, advertising or solicitation for goods or services; except where expressly authorized to do so, on the Service.
• You will not use the Service to transmit in any way or otherwise publish, including by way of Prompts, Responses, Interactions, any contact information including, but not limited to, email addresses, nicknames, telephone numbers, or postal addresses.
• You will not use the Service to transmit in any way or otherwise publish, including by way of Prompts, Responses, Interactions, any sensitive and/or personal information including but not limited to: social security numbers, passport numbers, bank account information, credit card information, and identification numbers belonging to yourself or any other person.
• You will not use the Service for generating deepfakes or impersonations.
• You will not use the Service for training competing models using your Outputs.
• You will not use the service for unlawful surveillance or violation of others' rights via generated content.
• You will not use the service for Training competing language models or other AI services.

You agree that Service will make the sole determination of any whether this policy has been violated. Violation of the Acceptable Use Policy shall be grounds for immediate suspension or termination of your User Account as provided elsewhere herein.

5. Fees and Payments

There is presently no fee use of the Service. However, we reserve the right to implement a Service fee or other fee structure for all or any portion of the service in the future. In the event that any such fee is implemented, we will provide you with at least thirty (30) days' advance notice by updating these Terms and, where possible, by sending notice to the email address associated with your account. The notice will specify the effective date of the implementation, the amount and nature of any the fees, and applicable payment terms, including payment methods, due dates, and consequences of non-payment. Continued use of the Service after the date for any such fee implementation will constitute your acceptance of the new fees and payment terms.

6. Privacy and Use of Information

Your data privacy is important to us. Our Privacy Policy sets forth the terms governing the collection and use of information that we obtain about you. The Privacy Policy is incorporated into these Terms by reference. A complete statement of our Privacy Policy is available at [insert URL] or via links on the Service. Your use of the Service constitutes your agreement to be bound by the terms of the Privacy Policy.

Because we are based in the State of California, and because California has some of the most robust consumer privacy protections in the country, we elect to comply with the laws of the State of California in the protection of your personally identifiable information. Specifically, this includes the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), where applicable. Under these laws, you may have the right to request access to, correction of, or deletion of personal information we collect about you. You may find further information and instructions for making such a request in our Privacy Policy.

7. Monitoring of Use

We reserve the right to monitor your use of the Service, including but not limited to prompts, responses, interactions, messages, advertisements, and public postings, to ensure compliance with these Terms and to evaluate the performance, security, and quality of the Service. Monitoring may include logging or reviewing activity for quality control, safety, enforcement of policies, or compliance with applicable laws and regulations.

By using the Service, you expressly consent to such monitoring, recording, and retention of your interactions with the platform. You understand and agree that this monitoring may include automated and manual review and that any such data may be retained and used in accordance with our Privacy Policy.

Although we reserve the right to monitor and retain data, we are not obligated to do so in all instances and do not assume responsibility for content submitted or transmitted by users unless otherwise required by law.

8. Proprietary Information

The Service, including but not limited to all content, features, functionality, underlying software, source code, algorithms, models, graphics, text, images, design, audio, and other materials made available through the Service (collectively, the "Service Content"), is the exclusive property of Planet Zuda, LLC and its licensors or partners, and is protected by intellectual property laws including copyright, trademark, trade secret, and other proprietary rights.

Except as expressly authorized in these Terms, you may not copy, reproduce, modify, reverse engineer, decompile, disassemble, translate, transmit, distribute, publish, license, create derivative works from, or otherwise use any part of the Service Content without our prior express written consent.

You retain ownership of any original content you submit to the Service ("User Prompts"). By submitting User Prompts, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, and create derivative works of such content for the purpose of operating, improving, and developing the Service, subject to our Privacy Policy.

Subject to your compliance with these Terms, we grant you a non-exclusive, royalty-free license to use the outputs generated by the Service ("Outputs") for your personal or internal business purposes. We retain all ownership rights in the underlying Service Content and models used to generate Outputs.

We make no representations or warranties regarding the originality, accuracy, or fitness for any particular purpose of any Outputs, and it is your responsibility to verify and evaluate the Outputs before use.

Any unauthorized use of the Service Content or Outputs may violate applicable laws and is strictly prohibited. We reserve all rights not expressly granted herein.

9. Interruption of Service

We strive to maintain the continuous availability and proper functioning of the Service. However, you acknowledge and agree that access to the Service may be suspended, limited, or interrupted from time to time due to scheduled maintenance, system upgrades, technical issues, or circumstances beyond our control.

We do not guarantee the availability, uptime, or reliability of the Service or any part thereof. We shall not be liable for any loss, damage, data corruption, or other harm that may result from any interruption, suspension, delay, malfunction, or discontinuation of the Service, whether or not such events are within our control.

You are solely responsible for maintaining any necessary backups of your data, Prompts, Responses, and Interactions. We do not assume responsibility for preserving any user data, and we are not liable for any loss of data that may result from your use of or inability to access the Service.

10. External Links

The Service may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that We are not responsible for, and have no liability as a result of, the availability of External Links or their contents. We suggest that You review the terms of use and privacy policy of such External Links prior to Your use of them.

11. Limitations of Actions

THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF DATA.

THE SERVICE DOES NOT PROVIDE LICENSED MEDICAL, PSYCHOLOGICAL, REAL ESTATE, FINANCIAL, OR ANY OTHER PROFESSIONAL ADVICE. ANY RESPONSES GENERATED BY THE SERVICE ARE NOT INTENDED TO BE EXPERT OPINIONS, RECOMMENDATIONS, OR PROFESSIONAL GUIDANCE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO WAIVE ANY CLAIM FOR DAMAGES OF ANY KIND WHETHER DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS; LOSS OF BUSINESS; LOSS OF DATA, PERSONAL INJURY; INJURY TO PROPERTY; OR ANY OTHER CLAIM ARISING OUT OF YOUR USE OF THE SERVICE INCLUDING YOUR RELIANCE ON RESPONSES AND INTERACTIONS AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE A REFUND OF ANY FEES YOU HAVE PAID TO US IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100, WHICHEVER IS GREATER.

12. Disclaimer Regarding AI Outputs

The Service uses artificial intelligence and machine learning models to generate Outputs in response to user Prompts. While we strive to improve the accuracy, reliability, and inclusiveness of Outputs, you acknowledge and agree that Outputs may occasionally reflect biases, inaccuracies, stereotypes, offensive content, or other unintended results inherent in the underlying data or model architecture.

You understand that Outputs are generated automatically and are not curated, verified, or reviewed by human beings. You are solely responsible for verifying the accuracy, appropriateness, and legality of any Outputs before relying on or using them in any way.

We expressly disclaim any responsibility for any harm, offense, loss, or damage arising from your reliance on or use of Outputs generated by the Service.

13. Indemnity

You agree to fully defend and indemnify and hold Us, Our owners, members directors and Our contractors and affiliates (Indemnified Parties) harmless of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorney's fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) arising out of or in any way related to (a) your use or misuse of the Service; (b) your violation of these Terms; (c) any content you submit or transmit through the Service, including any claim that such content infringes, misappropriates, or otherwise violates any third party's intellectual property or privacy rights; or (d) your negligence or willful misconduct, (e) your breach of any term of this Agreement.

We reserve the exclusive right to control the defense and settlement of any matter for which you are required to indemnify us, and you agree to cooperate fully in such defense.

You are responsible for maintaining the confidentiality of your account credentials. You agree to indemnify the Indemnified Parties for any loss, liability, or damage resulting from unauthorized use of your account or credentials, whether by you or a third party.

14. Termination

In the event of any violation of these Terms, as determined in Our Sole discretion, Your account and any account tied to you may be terminated at Our sole option. In the event of termination, You may lose access to any and all data, Prompts, Responses, and Interactions (collectively "Your Stuff") without compensation therefore. To the extent that You are provided an opportunity to retrieve any or all of Your Stuff, the conditional or other provision of such an opportunity shall not create any obligation on Our part other than what is expressly assumed and communicated.

15. Force Majeure

Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements including but not limited to pandemic related requirements or recommendations. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

16. U.S. Export Controls

Software available in connection with the Services may be subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the any downloaded Software or software component is at your sole risk.

17. Assignment

Your rights under these Terms may be assigned only upon Our express written approval. We may assign Our rights hereunder to any person or entity who shall become a principal owner, or shareholder of Service. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.

18. Severability

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

19. Choice Of Law

These Terms shall be interpreted under the laws of the State of California without regard to any conflict of laws provisions. For any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto, venue shall be the Superior Court of the State of California, County of Los Angeles. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.

20. No Agency

Notwithstanding any other provision of this agreement, We are not Your agent, partner or joint venturer in any respect.

21. Amendment

We may amend these Terms from time to time at our sole discretion. If we make material changes to these Terms, we will provide you with reasonable advance notice, which may include posting the amended Terms on the Service and/or sending notice to the email address associated with your account.

Unless otherwise specified, amended Terms will become effective no earlier than thirty (30) days after they are posted. Your continued use of the Service after the effective date of any amendments constitutes your acceptance of the amended Terms. If you do not agree to the amended Terms, you must stop using the Service before the effective date.

Non-material changes (such as clarifications or administrative updates) may take effect immediately upon posting without separate notice.

22. Required Notices

If you believe that your copyrighted work has been copied, posted, or otherwise used in a way that constitutes copyright infringement, you may submit a written notice under the Digital Millennium Copyright Act ("DMCA") to our designated agent at:

Please include all information required under 17 U.S.C. § 512(c)(3), including:

• A physical or electronic signature of the copyright owner or authorized agent;
• Identification of the copyrighted work(s) claimed to have been infringed;
• Identification of the infringing material and information reasonably sufficient to permit us to locate it;
• Your contact information, including address, telephone number, and email address;
• A statement that you have a good-faith belief that use of the material is not authorized; and
• A statement, under penalty of perjury, that the information in the notice is accurate and you are authorized to act on behalf of the copyright owner.

Filing a false or materially misleading DMCA notice may result in liability for damages under federal law.

General Legal Notices

Any legal notices relating to breach of these Terms, disputes, claims, or other legal matters (other than copyright infringement) must be delivered in writing to:

Delivery may be made by certified mail, return receipt requested, or by a nationally recognized courier service. Email notice alone shall not be sufficient unless specifically acknowledged by us in writing.

California Consumer Complaints

Pursuant to California Civil Code Section 1789.3, if you are a California resident and you have a complaint regarding the Service, or if you wish to receive further information regarding use of the Service, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at: