Terms of Service

1. Agreement and Scope

These Terms of Service ("Terms") govern your access to and use of websites, mobile applications, AI-powered shopping tools, and other services provided by Dahlia Labs Inc. ("Dahlia," "Daydream," "we," "us," or "our"), including Daydream experiences embedded on participating merchants’ websites under the “Powered by Daydream” name (collectively, the "Services").

By clicking to accept these Terms or by accessing or using the Services after being presented with a clear and conspicuous link to them, you confirm that you are at least 18 years old, agree to these Terms, and acknowledge our Privacy Policy. If you do not agree or are under 18, do not use the Services. If you use the Services for an organization, you represent that you have authority to bind it.

A merchant’s website, products, checkout, and related services are governed by the merchant’s own terms and privacy policy. If additional terms apply to a particular Daydream feature, those additional terms are incorporated into these Terms and control to the extent of a conflict.

2. Eligibility

The Services are intended only for users in the United States who are at least 18 years old. By creating an account or using the Services, you represent and warrant that you are at least 18 and legally capable of entering into these Terms and any transaction you complete with a merchant. We may refuse or terminate access where permitted by law if we have actual knowledge that a user does not satisfy these eligibility requirements.

3. Accounts

Some features require an account. You agree to provide accurate information, maintain the confidentiality of your credentials, and promptly notify us at legal@daydream.ing of unauthorized access. You are responsible for activity through your account except to the extent caused by our failure to use reasonable security. You may not sell, transfer, impersonate another person through, or use another person’s account without permission. Account deletion and privacy requests are handled as described in our Privacy Policy.

4. Powered by Daydream and AI

Powered by Daydream uses artificial intelligence and machine-learning systems to respond to searches and chats and to generate product recommendations and other outputs ("AI Outputs"). You are interacting with an automated system, not a human.

• AI Outputs may be inaccurate, incomplete, outdated, or inappropriate. You should independently verify information that matters to your purchasing decision.
• AI Outputs are provided for shopping assistance and general information. They are not professional, medical, legal, financial, safety, or other expert advice.
• Do not submit passwords, payment-card information, government identifiers, health information, confidential information, or other sensitive personal information in a prompt or chat.
• Similar or identical AI Outputs may be provided to different users. AI Outputs do not create exclusive rights for you.
• We may use prompts, chats, interactions, feedback, and associated information to provide, secure, evaluate, and improve the Services and our models, as explained in our Privacy Policy.

5. Merchant Products and Transactions

Unless expressly stated otherwise, Dahlia is not the seller, manufacturer, distributor, payment processor, or fulfillment provider for products displayed or recommended through the Services. A participating merchant - not Dahlia - sets prices and promotions; determines inventory and availability; processes payment; fulfills orders; handles shipping, returns, refunds, warranties, and customer service; and is responsible for product descriptions, labeling, safety, quality, legality, and regulatory warnings.

Product information, availability, sizing, images, prices, and promotions may change or contain errors. A recommendation is not a warranty, endorsement, or guarantee that a product is suitable for you. Your purchase is a transaction with the merchant and is governed by the merchant’s terms. Contact the merchant regarding an order, return, refund, or product issue.

Dahlia may have a commercial relationship with participating merchants and may receive compensation or other value connected with referrals, engagement, or transactions. Where required by law, Daydream will identify sponsored placements, paid relationships, or other material connections clearly and conspicuously in or near the relevant recommendation or experience.

6. User Content and License

“User Content” means prompts, chat messages, images, text, feedback, and other material you submit through the Services. You retain any rights you have in User Content. You grant Dahlia and its service providers a nonexclusive, worldwide, royalty-free license to host, reproduce, process, modify, transmit, display, and otherwise use User Content as reasonably necessary to provide, secure, maintain, analyze, and improve the Services and our models, develop new features, enforce these Terms, and comply with law. This license lasts only for as long as the User Content is retained for those purposes under our Privacy Policy, except that rights in deidentified information and Feedback may continue as permitted below.

You represent that you have the rights necessary to submit User Content and permit the uses described above. You must not submit information or content belonging to another person without authorization. We may remove User Content when we reasonably believe it violates these Terms or law.

7. Feedback

If you provide ideas, suggestions, or other feedback about the Services ("Feedback"), you grant Dahlia a perpetual, irrevocable, worldwide, royalty-free right to use, modify, commercialize, and otherwise exploit the Feedback without restriction or compensation. This provision does not change our obligations regarding personal information under the Privacy Policy.

8. Acceptable Use

You may use the Services only for lawful, personal purposes. You may not:

• Violate law, these Terms, or another person’s rights, including privacy, publicity, intellectual-property, or contractual rights.
• Submit unlawful, fraudulent, deceptive, defamatory, harassing, hateful, violent, sexually exploitative, or otherwise harmful content.
• Impersonate another person, misrepresent affiliation, manipulate identifiers, or conceal the origin of an interaction.
• Access another user’s account; harvest personal information; or use the Services to make decisions about another person in employment, housing, credit, education, insurance, healthcare, or another high-impact context.
• Probe, scan, disrupt, overload, interfere with, or circumvent security, access controls, rate limits, or safety measures.
• Introduce malware or harmful code; scrape, crawl, index, copy, or data-mine the Services except as expressly permitted in writing; or use automated means to access the Services in violation of our instructions.
• Reverse engineer, decompile, disassemble, discover source code or model components, extract model weights, or use the Services or AI Outputs to train or improve a competing model or service, except where a restriction is prohibited by law.
• Use AI Outputs or merchant content in a misleading manner or represent AI-generated material as human-generated when that would be deceptive or unlawful.

9. Ownership and Limited License

The Services, software, interfaces, designs, trademarks, and content provided by Dahlia or its licensors, excluding User Content (collectively, "Dahlia Materials"), are owned by Dahlia or its licensors and protected by law. Subject to these Terms, Dahlia grants you a limited, revocable, nonexclusive, nontransferable, nonsublicensable license to access and use the Services and Dahlia Materials for personal, noncommercial purposes. No other rights are granted.

Merchant names, trademarks, product images, descriptions, and other merchant materials belong to the applicable merchant or its licensors. Nothing in these Terms grants you rights to use them outside the Services.

10. Third Party Services and Accounts

The Services may link to merchant sites and other third-party services or permit you to connect a third-party account. Dahlia does not control third-party services and is not responsible for their content, security, availability, or practices. Your use is governed by their terms and privacy policies. You authorize us to access information from a connected account only as permitted by you, the third-party service, and our Privacy Policy. You may withdraw access through available settings or the third-party service.

11. Communications

You agree that we may send service-related communications electronically. If you separately consent to marketing emails or text messages, you may withdraw that consent using the instructions provided. Message and data rates may apply. Withdrawing marketing consent does not prevent transactional, legal, security, or other nonmarketing communications.

12. Copyright Complaints

If you believe material in the Services infringes your copyright, send a written complaint to Copyright Agent, Dahlia Labs Inc., 80 Pine St., New York, NY 10005, or by email to legal@daydream.ing. Your complaint should identify the copyrighted work, identify the allegedly infringing material and its location, provide your contact information, state your good-faith belief that the disputed use is not authorized, and state under penalty of perjury that the information is accurate and that you are authorized to act for the copyright owner. We may remove material and terminate repeat infringers where appropriate. Knowingly misrepresenting infringement may result in liability.

13. Suspension and Termination

You may stop using the Services at any time. We may suspend, restrict, or terminate access, remove content, or discontinue features if we reasonably believe you violated these Terms or law; your use creates risk or harm; an account is inactive; a merchant integration ends; or suspension is reasonably necessary to protect the Services or others. Where practicable and appropriate, we will provide notice. Sections that by their nature should survive termination - including ownership, licenses accrued before deletion, disclaimers, limitations of liability, indemnification, dispute resolution, and miscellaneous provisions - will survive.

14. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, AI OUTPUTS, AND DAHLIA MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DAHLIA DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICES OR AI OUTPUTS WILL BE ACCURATE, COMPLETE, CURRENT, UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT PRODUCTS RECOMMENDED THROUGH THE SERVICES WILL BE AVAILABLE, SAFE, LAWFUL, OR SUITABLE FOR YOU. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THIS SECTION MAY NOT APPLY TO YOU.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAHLIA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY; OR DAMAGES ARISING FROM A MERCHANT, PRODUCT, TRANSACTION, OR THIRD-PARTY SERVICE, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF DAHLIA AND THOSE PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID DIRECTLY TO DAHLIA FOR THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED, AND YOUR STATE MAY PROVIDE ADDITIONAL RIGHTS.

16. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless Dahlia and its affiliates, officers, directors, employees, and agents from third-party claims, liabilities, damages, losses, and reasonable expenses arising from your unlawful use of the Services, your User Content, or your material violation of these Terms or another person’s rights. This obligation does not apply to the extent a claim results from Dahlia’s own negligence, willful misconduct, or violation of law.

17. Dispute Resolution and Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES INDIVIDUAL ARBITRATION OF MOST DISPUTES AND WAIVES JURY TRIALS AND CLASS OR REPRESENTATIVE ACTIONS, SUBJECT TO THE EXCEPTIONS AND OPT-OUT RIGHT BELOW.

Informal resolution

Before filing arbitration, the claimant must send a written notice describing the dispute, requested relief, and contact information to Dahlia Labs Inc., 80 Pine St., New York, NY 10005, with a copy by email to legal@daydream.ing. The parties will attempt in good faith to resolve the dispute for 30 days. Applicable limitation periods are tolled during that period.

Arbitration and exceptions

Except for an individual claim eligible for small-claims court and a request for temporary or preliminary injunctive relief concerning intellectual-property misuse or unauthorized access, any dispute arising from these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The Federal Arbitration Act governs this arbitration agreement. If AAA is unavailable, the parties will select another nationally recognized administrator or a court will appoint one.

Procedure location and fees

The arbitration may occur by documents, telephone, video conference, or in person, as permitted by the AAA rules. Any in-person hearing will take place in the county where you live unless the parties agree otherwise. Fees will be allocated under the AAA Consumer Arbitration Rules, except Dahlia will pay amounts the law requires it to pay. The arbitrator may award the same individual remedies a court could award, but only to the extent necessary to resolve the individual claimant’s dispute.

No class or representative proceedings

YOU AND DAHLIA MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY. NEITHER THE ARBITRATOR NOR A COURT MAY CONSOLIDATE CLAIMS OR PRESIDE OVER A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING EXCEPT WITH THE WRITTEN CONSENT OF ALL PARTIES.

Coordinated and mass arbitration

If 25 or more similar arbitration demands are filed against or on behalf of the same party or related parties and representation of the parties is consistent or coordinated, the AAA Mass Arbitration Supplementary Rules and applicable mass-arbitration fee schedule then in effect will apply. The AAA may appoint a Process Arbitrator to decide administrative and threshold issues authorized by those rules. Each claimant must individually complete the informal-resolution process above and submit a compliant individual demand. This paragraph does not authorize class, collective, consolidated, or representative arbitration, and a merits determination in one arbitration will not bind another claimant unless the parties agree in writing.

Thirty day opt out

You may opt out of this arbitration agreement by emailing legal@daydream.ing within 30 days after you first accept these Terms. The notice must include your name, email address or account identifier, and an unambiguous statement that you opt out of arbitration. Opting out will not affect other provisions of these Terms.

Severability

If any portion of this Section 17 is found unenforceable, that portion will be severed and the remainder enforced to the fullest extent permitted by law. If a final decision determines that the prohibition on class, collective, consolidated, or representative arbitration is unenforceable as to a particular claim or remedy, that claim or remedy will proceed in court after completion of arbitration of all arbitrable claims and remedies; it will not proceed in class or representative arbitration.

18. Changes to the Services or These Terms

We may modify or discontinue the Services and may update these Terms. We will post updated Terms and revise the effective date. If a change materially affects your rights, we will provide additional notice and, where required, obtain your affirmative agreement. Changes apply prospectively unless you separately agree to retroactive application or law permits otherwise. A privacy-policy notice or continued use alone will not be treated as consent to a materially different retroactive use of previously collected personal information where affirmative consent is required.

19. Governing Law

Except for the arbitration agreement, which is governed by the Federal Arbitration Act, these Terms are governed by California law without regard to conflict-of-law principles. If a dispute is not subject to arbitration, the parties consent to the state and federal courts located in San Francisco County, California, except that an individual small-claims action may be brought in any court with lawful jurisdiction.

20. Miscellaneous

These Terms and incorporated policies are the entire agreement between you and Dahlia regarding the Services. You may not assign these Terms without our written consent; Dahlia may assign them in connection with a merger, reorganization, sale of assets, or by operation of law. Except as specifically provided in Section 17, if a provision is unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will remain effective. No waiver is continuing unless stated in writing. Headings are for convenience. Electronic communications satisfy legal writing requirements to the extent permitted by law.

California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210.

21. Contact

Dahlia Labs Inc.
80 Pine St.
New York, NY 10005
Email: legal@daydream.ing