Terms Of Service
Last Revised: April 3, 2024.
- General. These terms of service ("TOS" or “Terms of Service”) govern your use of Dahlia Labs, Inc.’s (”Dahlia”, “us”, “we”) website and our mobile app, including our AI shopping assistant (collectively, the “App”) and the services, features, content and applications on the App (collectively, the “Services” or “Daydream”). Our Privacy Policy and any other policies, rules or guidelines that may be applicable to particular offers or features on the App are also incorporated into these TOS. Our Privacy Policy can be found here: https://daydream.ing/legal/privacy-policy. By visiting or using the App, you expressly agree to these TOS, as updated from time to time. If you do not agree with these TOS, please do not access and/or use our Services.
Some of our Services may be offered to you from time to time that are subject to additional terms and conditions, which are incorporated by reference into these TOS. If there is a conflict between these TOS and such other additional terms and conditions, such other additional terms and conditions will govern.
We may make changes to these TOS at any time. Any changes we make will be effective immediately when we post a revised version of these TOS on the App. The "Last Revised" date above will tell you when these TOS were last revised. By continuing to use this App after that date, you agree to the changes.
- Age Requirement. The App is not intended for children under the age of 13 and no person under the age of 13 may use the App. If you use the App, you affirm that you are at least 13 years old. If you are over the age of 13 but under the age of 18, your use of our App is subject to parental consent requirements. We may refuse to offer our Services to anyone and we may also change our eligibility requirements at any time, in our sole discretion.
Term
These TOS will remain in effect for as long as you are using our Services, or until we or you delete your account or remove your access to our App, as provided elsewhere in these TOS. All provisions of these TOS which by their nature should survive termination shall survive termination, including but not limited to all licenses of User Content, ownership clauses, warranty disclaimers, indemnification and limitations of liability.
Account Registration
You will be required to register for an account (either on our App or through a third party site such as Google) to use certain features of the App or sign up for the Services. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and unique identifiers and unique access codes are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including commercial transactions) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership of your account or your username. We may refuse registration, cancel an account or deny access to the App for any reason. Your account will be visible to other users. You may delete your account or request that we delete your personal customer data by emailing us at legal@daydream.ing.
Third Party Access and Authorization
You permit us to access certain information from your third party account(s) for use in connection with our Services and you represent that you are entitled to grant us such access without breach by you of any third party account terms and conditions and without obligating us to pay any fees or making us subject to any usage limitations. By granting Daydream access to your third party account, you understand that we may access, make available, and store any information, content, or other materials that you have provided to or stored in your third party account ("Third Party Account Content") accessible through the Services so that it is available on your account. Unless otherwise specified in these TOS, all Third Party Account Content will be considered your User Content (as defined below) for all purposes under these TOS. PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH THIRD PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY ACCOUNT(S), AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY THIRD PARTY ACCOUNT(S) IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD PARTY ACCOUNT(S).
Code of Conduct
You agree that you will comply with all applicable laws, rules and regulations, and that you will not:
• Use the App for any commercial or non-personal purpose without our prior written approval, or outside the United States
• Restrict or inhibit any other person from using the App;
• Use the App for any unlawful purpose;
• Express or imply that any statements you make are endorsed by us, without our prior written consent;
• Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company;
• Submit (a) any content or information that is inaccurate, unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;
• Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
• Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
• Engage in spamming or flooding;
• Harvest or collect information about App users;
• Change, use or manipulate data in any way that is misleading to any user, customer, end user, or recipient of information.
• Violate these TOS.
Ownership of Data, Content and Grant of Conditional License
The App contains data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that resides or is viewable, submitted or otherwise discoverable on the App, including your metadata and interactions with our Services (collectively, the "Content") that is owned by us or our licensors. We own a copyright in the App and Content. We may change the Content and features of the App at any time. We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view or use this App and its Content as permitted by these TOS As a condition precedent, you agree that you will not:
• Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
• Manipulate identifiers, including by forging headers, in order to disguise the origin of any actions conduct with or through the site ;
• "Frame" or "mirror" any part of the App ;
• Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the App or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the App;
• Remove any copyright, trademark or other proprietary rights notices contained on/in the App ;
• Use any robot, spider, offline reader, App, App, search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine, scrape or in any way reproduce or circumvent the navigational structure or presentation of the App or its contents, including with respect to any CAPTCHA displayed on the App . Operators of public search engines may use spiders to copy materials from the App for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time;
• Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• Reproduce, modify, display, publicly perform, distribute or create derivative works of the App or the Content;
•Use the App or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the App and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.
The license that we are giving you to use the App and its Content is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Data, Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the App or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the App and Content, and infringes our copyrights and/or the copyrights of our licensors and other rights in the App and Content. You will not acquire any ownership rights by using the App or the Content.
Claims of Copyright Infringement On The App
Under the Digital Millennium Copyright Act (the "DMCA") if you believe in good faith that any content on the App infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our App that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the App ; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright.
Notices and counter-notices should be sent to:
legal@daydream.ing
There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.
Links
The App contains links and access to other websites or apps that may not be owned or operated by us. The fact that we may link to those websites does not indicate any approval or endorsement of those websites. We have no control over those websites. We are not responsible for the content of those websites, or the privacy practices of those websites. We strongly encourage you to become familiar with the terms of use and practices of any linked websites. Your use of other websites is at your own risk and is subject to the terms of those websites. We assume no responsibility for compliance with the requirements of those websites, or obligations owed to you by such third parties, or such third parties’ obligations to you. And it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the App or other websites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature. You agree that we may share aggregated and anonymized data concerning your behavior and activities while using the App with third parties.
Mobile Messaging
We may offer browsing and mobile messaging services which may include alerts. Mobile messaging may be provided by a third party. Message and data rates may apply, according to your rate plan provided by your wireless carrier. We will not be responsible for any text messaging or other wireless charges incurred by you or by a person who has access to your wireless device or telephone number. You may not receive our alerts if your carrier does not permit text alerts. Your carrier may not allow you to use pre-paid phones or calling plans to receive alerts. We may send you a bounce back message for every message you send to us. Service may not be compatible with all wireless carriers or devices. You may opt out of any alerts as specifically provided by any 3rd party provider.
We are not responsible for the accuracy of any information displayed in our mobile messaging, for any mis-delivery or untimely delivery of any mobile messaging, or your deletion or failure to store any mobile messaging from us.
Feedback and Reporting Misconduct
We welcome and encourage you to provide feedback, comments and suggestions (collectively “Feedback”) for improvements to the Site. You may submit feedback through the in product feedback form or by emailing us at feedback@daydream.ing. You acknowledge and agree that all Feedback will be our sole and exclusive property and you hereby irrevocably assign to us and agree to irrevocably assign to us all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Violation of these TOS
We may investigate any violation of these TOS, including unauthorized use of the App. We may take legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these TOS. If we determine that you have violated these TOS or the law, or for any other reason or for no reason, we may cancel your account, delete all your User Content and prevent you from accessing the App at any time without notice to you. If that happens, you may no longer use the App or any Content. You will still be bound by your obligations under these TOS. You agree that we will not be liable to you or any third party for termination of your access to the App or to your account or any related information, and we will not be required to make the App or your account or any related information available to you. We may refuse to honor pending and future transactions made from all accounts we believe may be associated with you.
You agree that your abusive use of the App may cause damage and harm to us, including impaired goodwill, lost sales and increased expenses. You also agree that monetary damages for your abusive use of the App are difficult to determine and that you, and those acting with you, will be jointly and severally liable for liquidated damages.
Disclaimer of Warranties
WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Dispute Resolution
You and we agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Site (collectively, “Disputes”) will be settled by binding arbitration; except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
You acknowledge and agree that you and we are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Dahlia Labs otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/ or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org/ and a separate form for California residents at www.adr.org/. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and we otherwise agree, the arbitration will be conducted in San Francisco, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and we submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $20,000, we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
No Class Action. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Right to Opt-Out of Arbitration and Class Action/Jury Trial Waiver: You may opt-out of this arbitration and class action/jury trial waiver provision by notifying us in writing within 30 days of the date you first registered for the Services. To opt-out, you must send a written notification to legal@daydream.ing that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt-out of the above arbitration and class action/jury trial waiver provisions.
Revisions
These TOS are subject to revision. We will notify you of any changes to our TOS by posting the new TOS on this App. After we make the change we will change the "Last Revised" date above. If we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on the App. You are responsible for providing us with your most current e-mail address. If the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these TOS will be effective upon the earlier of thirty (30) calendar days following the sending of our e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes. These changes will be effective immediately for new users of our App. The continued use of the App following notice of such changes constitutes your agreement to be bound by the terms and conditions of such changes.
Miscellaneous
These TOS are the entire agreement between you and us with respect to the Services, including use of the, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these TOS will otherwise remain in full force and effect and enforceable.
The communications between you and us use electronic means, whether you use the Services or send us emails, or whether we post notices on the App or communicate with you via email. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. This does not affect your non-waivable rights. Electronic notices should be sent to legal@daydream.ing.
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
California Proposition 65
Proposition 65 requires the provision of a warning to California consumers regarding products containing certain chemicals. We are providing the Proposition 65 warning for the products that are depicted or offered for sale on or through our App:
WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.
While we make every effort to feature products responsibly, we also want our customers to make informed purchasing decisions, including learning more about Proposition 65. For more information about Proposition 65, please visit the California OEHHA Proposition 65 program at www.oehha.ca.gov.
Questions
If you have any questions, comments or complaints regarding these TOS or the App, please contact us at: legal@dahlialabs.ai