HomeTerms-And-Conditions

Terms of Use

Effective: June 30, 2024

Thank you for using Dialogue Labs LLC!

These Terms of Use apply to your use of Dialogue Labs LLC, the owner and operator of Daytona.com, and other services provided by Dialogue Labs LLC for individuals along with any associated software applications and websites (collectively “Services”). These Terms form an agreement between you and Dialogue Labs LLC (the owner and operator of Daytona.com), a Wyoming company, and include our Service Terms and important provisions for resolving disputes through arbitration. By using our Services you agree to these Terms.

Our Privacy Policy explains how we collect and use personal information. Although it does not form part of these Terms, it is an important document that you should read. Please note that these Terms apply to the extent that the services are provided.

I. Who we are

II. Registration and access

Minimum age: You must be at least 18 years old to use the Services.

Registration: There is no registration. We only ask you to provide your e-mail address to provide you with assistance.

III. Using our Services

What you can do: Subject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as any other documentation, guidelines, or policies we make available to you.

What you cannot do: You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not:

  • Use our Services in a way that infringes, misappropriates, or violates anyone’s rights.
  • Modify, copy, lease, sell, or distribute any of our Services.
  • Attempt to or assist anyone to reverse engineer, decompile, or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
  • Automatically or programmatically extract data or Output (defined below).
  • Represent that Output was human-generated when it was not.
  • Interfere with or disrupt our Services, including circumventing any rate limits or restrictions, or bypassing any protective measures or safety mitigations we put on our Services.
  • You may not use our data or content for any purpose, including training competing LLM models.

IV. Content

Your content: You may provide input to the Services (“Input”) and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services.

Ownership of content: As between you and Dialogue Labs LLC, the owner and operator of Daytona.com, and to the extent permitted by applicable law, we (a) retain your ownership rights in Input and (b) own the Output.

V. Our IP rights

We and our affiliates own all rights, title, and interest in and to the Services.

VI. Termination and suspension

Termination: You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine:

  • You breached these Terms or our Usage Policies.
  • We must do so to comply with the law.
  • Your use of our Services could cause risk or harm to Dialogue Labs LLC, our users, or anyone else.

VII. Discontinuation of Services

We may decide to discontinue our Services, but if we do, we will give you advance notice.

VIII. Disclaimer of warranties

OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) WITH RESPECT TO THE SERVICES AND DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

IX. Limitation of liability

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100).

X. Indemnity

If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third-party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.

XI. Dispute resolution

You and Dialogue Labs LLC, the owner and operator of Daytona.com, agree to resolve any claims arising out of or relating to these Terms or our Services through final and binding arbitration.

XII. General Terms

These Terms contain the entire agreement between you and Dialogue Labs LLC, the owner and operator of Daytona.com, regarding the Services.

Governing law: Florida law will govern these Terms except for its conflicts of laws principles. Except as provided in the dispute resolution section, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of Miami, Florida.