Terms of Service and End User License Agreement

Comprehensive Legal Agreement Governing Access To and Use of Our AI Platform, Services, and Associated Technologies

Dolphy
Operated at dolphy.chat
Contact: support@dolphy.chat
Effective Date: March 25, 2026 | Last Updated: July 4, 2026

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CONTAINED HEREIN.

Table of Contents

1. Definitions and Interpretation
2. Acceptance of Terms
3. Eligibility and Account Registration
4. Description of Services
5. Acceptable Use Policy
6. Prohibited Uses and Activities
7. User Responsibilities and Obligations
8. Content and Output Ownership
9. User-Generated Content
10. Third-Party Services and APIs
11. AI-Generated Content Disclaimers
12. Assumption of Risk
13. Indemnification
14. Limitation of Liability
15. Disclaimer of Warranties
16. Compliance with Laws
17. Data Protection and Privacy
18. Intellectual Property
19. DMCA and Copyright Complaints
20. Termination and Suspension
21. Dispute Resolution and Arbitration
22. Class Action Waiver
23. Governing Law and Jurisdiction
24. Force Majeure
25. Severability
26. Waiver
27. Assignment
28. Entire Agreement
29. Amendments and Modifications
30. Notices
31. Survival
32. Relationship of Parties
33. Export Controls
34. Government Use
35. Accessibility
36. Miscellaneous Provisions
37. Contact Information
38. Exhibit A: Acceptable Use Policy (Detailed)
39. Exhibit B: Data Processing Addendum
40. Exhibit C: Service Level Expectations

IMPORTANT NOTICE — PLEASE READ BEFORE PROCEEDING

ARBITRATION CLAUSE AND CLASS ACTION WAIVER. By agreeing to these Terms of Service, you agree that any disputes arising from or related to this Agreement or the Services shall be resolved through binding individual arbitration and not through class action litigation. Please review Sections 21 and 22 carefully.

ASSUMPTION OF RISK. The Services provide access to artificial intelligence models that may generate content that is inaccurate, biased, or otherwise unexpected. You acknowledge and accept all risks associated with the use of AI-generated content, including but not limited to inaccuracies, errors, or unintended outputs. Please review Section 12 carefully.

LIABILITY DISCLAIMER. To the maximum extent permitted by applicable law, the Company disclaims all liability for any damages, losses, claims, or injuries arising from or related to your use of the Services, the content generated through the Services, or any actions taken in reliance on such content. Please review Sections 13, 14, and 15 carefully.

INTERMEDIARY STATUS. The Company provides access to third-party AI models and does not generate content itself. The Company acts as an intermediary platform. The applicability of any safe harbor or intermediary liability protections (including but not limited to Section 230 of the Communications Decency Act) to AI-generated content is an evolving area of law, and the Company makes no representation that such protections will apply in any particular circumstance. Please review Section 10 carefully.

Section 1: Definitions and Interpretation

1.1 Definitions

For the purposes of this Agreement, the following terms shall have the meanings ascribed to them below, unless the context clearly requires otherwise:

• "Account" means the unique user account created by you upon registration with the Platform, including all associated credentials, settings, preferences, and usage history.
• "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where "control" means the ownership of more than fifty percent (50%) of the voting securities or equivalent ownership interest.
• "Agreement" or "Terms" means these Terms of Service, including all exhibits, schedules, addenda, policies incorporated by reference, and any amendments thereto.
• "AI Model" or "Model" means any artificial intelligence, machine learning, deep learning, or natural language processing model, algorithm, or system made available through the Platform, including but not limited to third-party models accessed via API integration.
• "API" means Application Programming Interface, including any third-party APIs integrated into or accessed through the Platform.
• "Company," "we," "us," or "our" means Dolphy, together with its officers, directors, employees, agents, successors, assigns, affiliates, subsidiaries, and parent companies.
• "Content" means any and all text, images, audio, video, code, data, information, or other material in any format, whether generated by the AI Model, submitted by Users, or otherwise made available through the Platform.
• "Feedback" means any suggestions, ideas, enhancement requests, recommendations, corrections, or other feedback provided by you regarding the Platform or Services.
• "Generated Output" or "Output" means any content, text, code, images, or other material produced by the AI Model in response to User Input or Prompts.
• "Harmful Content" means any content that is illegal, defamatory, threatening, harassing, abusive, tortious, obscene, or otherwise objectionable as determined by applicable law or these Terms.
• "Platform" or "Service" means the website, applications, APIs, tools, features, and any related services provided by the Company, including all associated infrastructure, software, and systems.
• "Prompt" or "User Input" means any text, data, instructions, queries, images, files, or other information submitted by a User to the Platform for processing by the AI Model.
• "Prohibited Content" means any content that violates Section 6 of this Agreement, applicable law, or any policy incorporated herein by reference.
• "Third-Party Provider" means any third-party entity whose products, services, APIs, models, or technologies are integrated into, accessed through, or used in connection with the Platform.
• "User," "you," or "your" means any individual or entity that accesses or uses the Platform, whether as a registered user or otherwise.
• "Consumer User" means an individual who uses the Platform solely for personal, non-commercial purposes and does not use Generated Outputs in connection with any trade, business, profession, or commercial activity.
• "Business User" means any User who uses the Platform in whole or in part for commercial, professional, or business purposes, including but not limited to freelancers, content creators earning revenue from Generated Outputs, and entities of any kind.

1.2 Interpretation

In this Agreement, unless the context otherwise requires: (a) the singular includes the plural and vice versa; (b) references to sections, exhibits, and schedules are to sections of, and exhibits and schedules to, this Agreement; (c) the words "include," "includes," and "including" are deemed to be followed by the phrase "without limitation"; (d) the words "hereof," "herein," and "hereunder" refer to this Agreement as a whole; (e) headings are for convenience only and shall not affect the interpretation of this Agreement; (f) references to any statute, law, or regulation include all amendments, re-enactments, and successor legislation; and (g) references to "days" mean calendar days unless otherwise specified.

Section 2: Acceptance of Terms

2.1 Binding Agreement

This Agreement becomes binding when you affirmatively accept it by checking the "I agree to the Terms of Service and Privacy Policy" checkbox during account registration (a "clickwrap" acceptance). By checking this box and creating your Account, you irrevocably and unconditionally agree to be bound by this Agreement in its entirety. The Company logs the timestamp and associated account identifier of your acceptance for recordkeeping purposes. If you do not agree to all terms and conditions contained herein, you must not create an Account and must immediately cease all use of the Platform.

2.2 Capacity and Authority

By accepting this Agreement, you represent and warrant that: (a) you are at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is greater; (b) you have the legal capacity to enter into binding agreements; (c) if you are accepting on behalf of an entity, you have the authority to bind that entity to this Agreement; and (d) your use of the Platform does not violate any applicable law, regulation, or obligation to which you are subject.

2.3 Electronic Agreement

You acknowledge and agree that this Agreement constitutes a legally binding contract, and that your electronic acceptance (whether by clicking, tapping, or otherwise indicating acceptance) constitutes your electronic signature and carries the same legal force and effect as a handwritten signature. You waive any objection to the enforceability of this Agreement based on its electronic form.

2.4 Continued Use as Acceptance

Your continued use of the Platform following any modification, amendment, or update to this Agreement constitutes your acceptance of such changes. It is your sole responsibility to review this Agreement periodically for changes.

Section 3: Eligibility and Account Registration

3.1 Age Requirement

The Platform is intended solely for use by individuals who are at least eighteen (18) years of age. By using the Platform, you represent and warrant that you meet this age requirement. If we discover or reasonably believe that a User is under eighteen (18), we reserve the right to immediately terminate their Account without notice and without liability.

3.2 Account Security

You are solely and exclusively responsible for maintaining the confidentiality and security of your Account credentials, including your username, password, and any associated authentication methods. You agree to: (a) create a strong, unique password; (b) not share your Account credentials with any third party; (c) immediately notify us of any unauthorized access to or use of your Account; and (d) accept full responsibility for all activities that occur under your Account, whether or not authorized by you. The Company shall not be liable for any loss, damage, or liability arising from your failure to comply with this section.

3.3 Account Accuracy

You agree to provide accurate, current, and complete information during registration and to update such information as necessary to maintain its accuracy. Providing false, misleading, or outdated information constitutes a material breach of this Agreement and grounds for immediate termination.

3.4 One Account Per User

Each User may maintain only one Account unless expressly authorized by the Company in writing. Creating multiple accounts to circumvent restrictions, evade bans, or manipulate the Platform is strictly prohibited and constitutes a material breach of this Agreement.

Section 4: Description of Services

4.1 Platform Overview

The Platform provides Users with access to AI Models capable of generating text, images, video, code, and other forms of Content in response to User Inputs. The Platform integrates third-party AI Models via API connections and may offer varying levels of content moderation or filtering depending on the configuration and User preferences.

4.1A Third-Party API Dependency

The Platform depends on specialized third-party API providers (its "upstream providers") to deliver its core AI functionality. You acknowledge and agree that: (a) these upstream providers may change their terms of service, acceptable use policies, pricing, or technical capabilities at any time without notice to you; (b) if an upstream provider restricts, suspends, or discontinues functionality, the Company is not liable for any resulting reduction, modification, or discontinuation of Platform features; (c) the Company does not control the content filtering, safety mechanisms, or output quality of third-party AI Models; and (d) you must comply not only with this Agreement but also with the terms and acceptable use policies of all upstream providers whose services are accessed through the Platform. Violation of an upstream provider's terms through your use of the Platform constitutes a material breach of this Agreement.

4.2 No Guarantee of Availability

The Company does not guarantee uninterrupted, continuous, timely, secure, or error-free access to the Platform. The Platform may be subject to scheduled or unscheduled maintenance, updates, upgrades, or outages. You acknowledge that the Company shall not be liable for any interruption, delay, or unavailability of the Platform for any reason whatsoever.

4.3 Modifications to Services

The Company reserves the right to modify, update, suspend, discontinue, or eliminate any feature, functionality, or aspect of the Platform at any time, with or without notice, and without any liability to you. This includes, without limitation, changes to AI Models, API integrations, user interface, available features, pricing, and Content moderation policies.

4.4 Beta and Experimental Features

The Platform may include beta, experimental, or preview features that are provided "as-is" and "as available" without any warranties whatsoever. Use of such features is at your sole risk, and the Company makes no commitments regarding their continued availability, performance, or functionality.

4.5 Credits and Payments

Certain features of the Service, including image generation, image editing, and video generation, require credits. Credits can be purchased through the Service via Stripe, our third-party payment processor.

• Credits are non-refundable once purchased, except as required by applicable law. Unused credits remain in your account and do not expire under normal circumstances.
• We reserve the right to change credit pricing, consumption rates, credit packages, and the availability of any credit-based features at any time without prior notice.
• Failed or incomplete AI generations due to technical issues, model capacity limits, content policy violations by the AI provider, or any other reason may still consume credits. We are not obligated to refund credits for failed generations.
• You are responsible for all applicable taxes associated with your purchases.
• Any fraudulent, unauthorized, or suspicious payment activity may result in immediate account suspension and forfeiture of all credits.
• Refund Policy: If you experience a technical issue attributable to the Platform (not the upstream AI provider) that prevents you from using purchased credits, you may request a refund within fourteen (14) days of purchase by contacting support@dolphy.chat. Refund requests are reviewed on a case-by-case basis. Credits that have been consumed are not eligible for refund. For EU/EEA consumers, the 14-day withdrawal right under the Consumer Rights Directive applies to unused credits.

Section 5: Acceptable Use Policy

5.1 General Obligations

You agree to use the Platform only for lawful purposes and in accordance with this Agreement, all applicable laws, regulations, and ordinances, and all policies incorporated herein by reference. You are solely and exclusively responsible for ensuring that your use of the Platform complies with all applicable local, state, national, and international laws, regulations, and standards.

5.2 User Responsibility for Outputs

You acknowledge and agree that you bear sole and complete responsibility for any and all Generated Outputs that you request, receive, use, distribute, publish, share, or otherwise make available. The Company provides the AI Model as a tool; you, as the User, are the operator of that tool and are solely responsible for how you employ it and what you do with its outputs.

5.3 Professional and Specialized Use Prohibition

Generated Outputs are not intended to constitute and shall not be relied upon as professional advice of any kind, including but not limited to legal advice, medical advice, financial advice, investment advice, tax advice, engineering advice, psychological or therapeutic advice, or any other form of licensed professional guidance. Any reliance on Generated Outputs for professional, medical, legal, financial, or safety-critical purposes is at your sole and exclusive risk.

Section 6: Prohibited Uses and Activities

6.1 Absolutely Prohibited Activities

You agree that you shall NOT use the Platform, directly or indirectly, to:

• Generate, create, distribute, or facilitate the creation or distribution of child sexual abuse material (CSAM) or any content that sexually exploits, depicts, or endangers minors in any way whatsoever
• Generate content for the purpose of grooming, exploiting, trafficking, or abusing minors
• Plan, facilitate, promote, incite, or carry out any act of terrorism, mass violence, or targeted violence against any individual or group
• Develop, manufacture, or facilitate the creation of biological, chemical, nuclear, or radiological weapons or explosive devices
• Generate content that constitutes a credible, actionable threat of violence against any individual, group, or institution
• Engage in, facilitate, or promote human trafficking, forced labor, or modern slavery
• Generate, distribute, or facilitate non-consensual intimate imagery (NCII), revenge pornography, or deepfake pornographic content depicting real individuals

6.2 Illegal Activities

You agree that you shall NOT use the Platform to:

• Violate any applicable federal, state, local, national, or international law, statute, regulation, ordinance, or treaty
• Engage in, facilitate, or promote fraud, identity theft, phishing, social engineering, or any form of deception
• Create, generate, or distribute malware, ransomware, viruses, trojans, spyware, keyloggers, or any other malicious software
• Engage in unauthorized access to computer systems, networks, databases, or accounts (hacking)
• Facilitate or promote illegal drug trafficking, manufacture, or distribution
• Generate counterfeit documents, currency, identification, or credentials
• Engage in money laundering, tax evasion, sanctions evasion, or other financial crimes
• Violate intellectual property rights, including generating content that infringes copyrights, trademarks, patents, or trade secrets of third parties
• Stalk, harass, threaten, intimidate, doxx, or bully any individual

6.3 Harmful and Deceptive Activities

You agree that you shall NOT use the Platform to:

• Generate disinformation, misinformation, or propaganda intended to deceive, manipulate, or mislead the public
• Create deepfakes, synthetic media, or AI-generated impersonations of real individuals without their explicit consent and proper disclosure
• Manipulate, influence, or interfere with elections, democratic processes, or governmental functions
• Engage in market manipulation, stock manipulation, or dissemination of false financial information
• Generate spam, unsolicited communications, or content designed for phishing campaigns
• Create or distribute content promoting self-harm, suicide, eating disorders, or other self-destructive behaviors
• Engage in discrimination based on race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, disability, age, or any other protected characteristic

6.4 Platform Integrity Violations

You agree that you shall NOT:

• Attempt to reverse-engineer, decompile, disassemble, or derive the source code of the Platform, AI Models, or any underlying technology
• Attempt to circumvent, disable, or interfere with any security, authentication, rate-limiting, content filtering, or access control features of the Platform
• Use automated tools, bots, scrapers, or crawlers to access the Platform except through approved APIs
• Resell, sublicense, or redistribute access to the Platform without express written authorization
• Interfere with or disrupt the integrity, performance, or availability of the Platform
• Impersonate the Company, its employees, or other Users
• Create derivative services, competitive products, or benchmarking analyses based on the Platform without express written consent

6.5 Consequences of Violations

Violation of any provision in this Section 6 constitutes a material breach of this Agreement and may result in, without limitation: (a) immediate suspension or termination of your Account; (b) reporting to law enforcement authorities; (c) civil and/or criminal liability; (d) forfeiture of any prepaid fees; and (e) pursuit of all available legal remedies including injunctive relief and damages. The Company reserves the right to cooperate fully with law enforcement authorities and comply with court orders requesting or directing the disclosure of the identity or other information of any User.

Section 7: User Responsibilities and Obligations

7.1 Complete Responsibility for Use

You acknowledge, agree, and accept that you are solely, completely, and exclusively responsible for: (a) all Prompts and User Inputs you submit to the Platform; (b) all Generated Outputs you receive, regardless of their content; (c) any and all uses to which you put Generated Outputs; (d) verifying the accuracy, legality, safety, and appropriateness of all Generated Outputs before any use; (e) ensuring that your use of the Platform and Generated Outputs complies with all applicable laws; and (f) any and all consequences arising from your use of the Platform.

7.2 Duty to Review and Verify

You acknowledge that AI Models may produce outputs that are inaccurate, incomplete, misleading, biased, offensive, harmful, or otherwise unreliable. You accept an affirmative and non-delegable duty to independently review, verify, fact-check, and validate all Generated Outputs before relying on them or making them available to third parties. Failure to exercise this duty constitutes negligence on your part for which the Company shall bear no responsibility.

7.3 Compliance Program

If you use the Platform for business or commercial purposes, you agree to implement and maintain reasonable internal policies, procedures, training programs, and compliance measures to ensure that all individuals accessing the Platform through your Account understand and comply with this Agreement.

7.4 Record Retention

If you use the Platform for business or commercial purposes, you agree to maintain accurate records of your use of the Platform, including Prompts and Generated Outputs, for a minimum period of two (2) years or such longer period as required by applicable law. Individual consumers are encouraged, but not required, to maintain their own records.

7.5 Reporting Obligations

If you become aware of any violation of this Agreement by any User, any illegal activity conducted through the Platform, any security vulnerability, or any other matter that may affect the safety, integrity, or legality of the Platform, you agree to promptly report such matter to the Company at support@dolphy.chat.

7.6 CSAM Reporting

The Company maintains a zero-tolerance policy for child sexual abuse material (CSAM). The Company will report any apparent violations involving the sexual exploitation of children to the appropriate authorities, including the National Center for Missing & Exploited Children (NCMEC) CyberTipline, and will cooperate fully with law enforcement investigations. The Company retains relevant records as required by federal law for law enforcement purposes. If you encounter or become aware of any CSAM or content that sexually exploits minors on or through the Platform, you must immediately report it to the Company at support@dolphy.chat and to NCMEC at CyberTipline.org. Failure to report known CSAM may itself constitute a violation of federal law.

Section 8: Content and Output Ownership

8.1 User Input Ownership

As between you and the Company, you retain ownership of your Prompts and User Inputs, subject to the licenses granted herein. By submitting Prompts to the Platform, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, modify, adapt, process, display, distribute, and create derivative works of your Prompts for the purposes of: (a) providing, maintaining, and improving the Platform and Services; (b) complying with legal obligations; and (c) any other purpose related to the Company's business operations. This license continues for as long as needed to fulfill the above purposes, but is subject to your data deletion rights under applicable law (including GDPR Article 17 for EU/EEA/UK Users). Upon a valid erasure request, the Company will delete your identifiable Prompts from its systems within the timeframes required by law, except where retention is required for legal compliance or the exercise or defense of legal claims.

8.2 Generated Output

The ownership, intellectual property status, and legal rights associated with AI-Generated Outputs are subject to evolving and unsettled law. The Company makes no representations, warranties, or guarantees regarding your ownership of, intellectual property rights in, or exclusive rights to any Generated Output. You acknowledge that: (a) identical or substantially similar Generated Outputs may be produced for other Users; (b) Generated Outputs may not qualify for intellectual property protection under applicable law; (c) the Company does not claim ownership of Generated Outputs but also does not warrant that you will have exclusive rights thereto; and (d) you use Generated Outputs entirely at your own risk with respect to any intellectual property claims.

8.3 License to Company

You grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, modify, display, distribute, and create derivative works of any Generated Outputs for the purposes of improving the Platform, research, and business operations. As noted in Section 10.5, Generated Outputs are stored locally on your device and not retained on the Company's servers.

8.4 Feedback

Any Feedback you provide to the Company shall become the sole and exclusive property of the Company. You hereby irrevocably assign to the Company all right, title, and interest in and to any Feedback, including all intellectual property rights therein, and waive any and all moral rights you may have in such Feedback.

Section 9: User-Generated Content

9.1 Responsibility for User Content

You are solely responsible for all content you create, submit, upload, transmit, or make available through the Platform, including all Prompts and any content derived from Generated Outputs. The Company does not pre-screen, monitor, edit, endorse, or guarantee User content and shall not be responsible or liable for any User content.

9.2 Content Representations

By submitting content to the Platform, you represent and warrant that: (a) you own or have all necessary rights, licenses, consents, and permissions to submit and use such content; (b) the content does not infringe, misappropriate, or violate any third party's intellectual property, privacy, publicity, or other rights; (c) the content does not violate any applicable law or regulation; and (d) the content does not contain any viruses, malware, or other harmful code.

9.3 Right to Remove Content

The Company reserves the right, but not the obligation, to review, monitor, refuse, remove, or disable access to any content available through the Platform, at its sole discretion and without notice or liability.

9.4 Likeness Content and Real-Person Media Certification

Certain features of the Platform allow you to upload photographs, images, or videos that may depict real, identifiable individuals ("Likeness Content") for use in content generation. Each time you upload Likeness Content — whether through the Platform interface or the API — you certify, represent, and warrant that:

• the likeness in any media you upload — and in any content the Platform generates from it — is your own, or you have obtained explicit, legally valid consent from every individual depicted, covering this specific use;
• you are eighteen (18) years of age or older, and every person depicted in the media is eighteen (18) years of age or older;
• you own or have all necessary rights and permissions to use all media you upload for content generation;
• you will not use the Platform to create intimate, sexual, or otherwise exploitative content depicting any real person without that person's explicit consent, including but not limited to content prohibited by the TAKE IT DOWN Act, state non-consensual-intimate-imagery statutes, and equivalent laws in your jurisdiction; and
• you understand that a violation of any of the above is a material breach of this Agreement that may result in immediate account termination, forfeiture of credits, and referral to law enforcement where required by law, and that you bear sole legal responsibility for any such violation.

Use of the API to submit Likeness Content constitutes the same certification for each submission, without a separate interface prompt.

9.5 Likeness Consent Records

For compliance, audit, and legal-defense purposes, the Company retains a record of each Likeness Content certification consisting of: the certifying account identifier (or request IP address for non-authenticated trials), a timestamp, the certification version accepted, the feature used, and a one-way cryptographic hash (fingerprint) of the uploaded media. This record does not contain the media itself, is not biometric data, and cannot be used to reconstruct the uploaded media or any individual's likeness. The uploaded media itself is processed transiently to fulfill your generation request and is not retained by the Company beyond what is required to deliver the feature. You may request a copy of, or the deletion of, your certification records by contacting support@dolphy.chat; note that the Company may retain records where required for legal compliance or the establishment, exercise, or defense of legal claims.

Section 10: Third-Party Services and APIs

10.1 Third-Party Integration

The Platform incorporates, integrates with, or provides access to third-party services, APIs, models, tools, or technologies (collectively, "Third-Party Services"), including but not limited to upstream AI inference providers for AI generation, Google OAuth via Firebase Authentication, and Stripe for payment processing. Your use of any Third-Party Services is subject to the terms, conditions, and policies of the respective Third-Party Providers, in addition to this Agreement.

10.2 No Endorsement or Warranty

The Company does not endorse, guarantee, warrant, or assume responsibility for any Third-Party Services, including their accuracy, reliability, safety, legality, availability, or suitability for any purpose. The Company shall not be liable for any damages, losses, or claims arising from your use of or reliance on Third-Party Services.

10.3 Third-Party Terms

You acknowledge and agree that: (a) Third-Party Services are governed by their own terms of service and privacy policies; (b) it is your sole responsibility to review and comply with such terms; (c) the Company is not a party to any agreement between you and a Third-Party Provider; and (d) any dispute regarding Third-Party Services must be resolved directly with the Third-Party Provider.

10.4 Chain-of-Liability and Upstream Claims

The Company acts as an intermediary that provides access to third-party AI services. You acknowledge that if the Company is held liable, penalized, or incurs any costs by an upstream Third-Party Provider as a result of your actions, Prompts, use of Generated Outputs, or any violation of the upstream provider's terms caused by your conduct, your indemnification obligations under Section 13 specifically extend to and cover all such upstream claims, penalties, costs, and damages. This includes, without limitation, any API access revocation, fines, legal claims, or financial losses the Company suffers as a consequence of your use of the Platform.

10.5 Content Ownership Pass-Through

Any rights in Generated Outputs that the Company conveys or assigns to you are limited to and contingent upon the rights actually granted to the Company by the applicable upstream Third-Party Provider. The Company makes no representation or warranty that the rights granted by upstream providers are sufficient for any particular use. You acknowledge that output ownership rights are passed through from the upstream provider and are subject to whatever rights, limitations, and conditions the upstream provider actually grants.

Section 11: AI-Generated Content Disclaimers

11.1 Nature of AI-Generated Content

You acknowledge and understand that Generated Outputs are produced by artificial intelligence models using statistical pattern matching and probabilistic algorithms. AI Models do not understand, comprehend, verify, or fact-check the content they generate. Generated Outputs may contain errors, inaccuracies, fabrications, hallucinations, biases, outdated information, offensive material, or content that is otherwise unreliable or inappropriate.

11.2 No Endorsement

The Company does not endorse, verify, guarantee, or adopt any Generated Output as its own expression, opinion, or statement. Generated Outputs do not represent the views, opinions, beliefs, or recommendations of the Company, its officers, directors, employees, agents, or affiliates.

11.3 AI Limitations Acknowledgment

You expressly acknowledge and accept that: (a) AI Models may "hallucinate" — generating content that appears factual but is entirely fabricated; (b) AI Models may generate biased, discriminatory, or stereotypical content reflecting biases in training data; (c) AI Models may produce content that violates laws, regulations, or third-party rights; (d) AI Models may generate content that is harmful, offensive, or dangerous if acted upon; (e) AI Models may produce inconsistent outputs for identical or similar inputs; (f) the quality and reliability of Generated Outputs may vary significantly; and (g) AI technology is rapidly evolving and inherently unpredictable.

11.4 No Reliance

You agree not to rely on Generated Outputs as the sole basis for any decision, action, or inaction that could have legal, financial, medical, safety, or other significant consequences. Any reliance you place on Generated Outputs is strictly at your own risk.

Section 12: Assumption of Risk

12.0 Safety Measures Disclaimer

The Company may implement certain content filtering, safety mechanisms, or automated detection systems (collectively, "Safety Measures") in connection with the Platform. Any such Safety Measures are provided on a best-efforts basis only and are not guaranteed to prevent, detect, or filter all harmful, illegal, offensive, or otherwise objectionable content. The existence of Safety Measures does not create a duty of care, warranty of safety, or guarantee of effectiveness. You acknowledge that no automated content moderation system is capable of intercepting all potentially harmful outputs and that the ultimate responsibility for the use of Generated Outputs rests solely with you.

12.1 Voluntary Assumption

BY USING THE PLATFORM, YOU VOLUNTARILY AND KNOWINGLY ASSUME ALL RISKS ASSOCIATED WITH SUCH USE, INCLUDING BUT NOT LIMITED TO: (a) EXPOSURE TO CONTENT THAT MAY BE OFFENSIVE, DISTURBING, INACCURATE, HARMFUL, OR OTHERWISE OBJECTIONABLE; (b) THE POSSIBILITY OF ENCOUNTERING AI-GENERATED MISINFORMATION OR FABRICATED CONTENT; (c) POTENTIAL VIOLATIONS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS IN GENERATED OUTPUTS; (d) RISKS ASSOCIATED WITH ACTING ON AI-GENERATED ADVICE OR INFORMATION; (e) POTENTIAL EXPOSURE TO SECURITY VULNERABILITIES; (f) RISKS OF DATA LOSS OR UNAUTHORIZED ACCESS; AND (g) ANY OTHER RISKS INHERENT IN THE USE OF AI-POWERED TECHNOLOGY PLATFORMS.

12.2 Informed Consent

You confirm that you have been fully informed of the risks associated with the use of the Platform and that you freely and voluntarily choose to accept those risks. You agree that the Company has provided adequate notice of such risks through this Agreement and that this informed consent constitutes a valid defense to any claims you may bring against the Company.

12.3 Release of Claims

To the maximum extent permitted by applicable law, you hereby release, discharge, and hold harmless the Company, its Affiliates, and their respective officers, directors, employees, agents, successors, and assigns from any and all claims, demands, actions, causes of action, damages, losses, costs, expenses, and liabilities of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you now have, have ever had, or may in the future have, arising out of or in any way related to your use of the Platform. THIS IS A GENERAL RELEASE. You expressly waive any rights you may have under California Civil Code Section 1542, or any similar statute in any other jurisdiction, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

Section 13: Indemnification

13.1 User Indemnification

You agree to indemnify, defend, and hold harmless the Company, its Affiliates, and their respective officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, investigations, liabilities, damages, losses, costs, and expenses (including without limitation reasonable attorneys' fees, expert fees, court costs, and litigation expenses) arising out of or in any way related to:

• Your use of the Platform or Services, including any content you generate, submit, or distribute
• Any Generated Output that you use, distribute, publish, display, or otherwise disseminate
• Your violation of any provision of this Agreement
• Your violation of any applicable law, regulation, ordinance, or third-party right
• Any claim that your Prompts, User Inputs, or use of Generated Outputs infringes or violates any third-party intellectual property, privacy, publicity, or other rights
• Any claim made by any third party arising from or related to your actions or omissions in connection with the Platform
• Your negligence, willful misconduct, or fraudulent or illegal activities
• Any dispute between you and any third party related to the Platform or Generated Outputs
• Your failure to comply with any of your obligations under this Agreement

13.2 Indemnification Procedure

The Company shall: (a) promptly notify you of any claim subject to indemnification (provided that failure to provide such notice shall not relieve you of your indemnification obligations except to the extent you are materially prejudiced thereby); (b) grant you sole control of the defense and settlement of such claim (provided that you shall not settle any claim without the Company's prior written consent if such settlement would impose any obligation on the Company); and (c) provide you with reasonable cooperation at your expense.

13.3 Upstream Provider Claims

Without limiting the generality of Section 13.1, your indemnification obligations specifically include any claims, penalties, fines, API access revocations, or losses that the Company incurs from any upstream Third-Party Provider as a direct or indirect result of your use of the Platform, your Prompts, your Generated Outputs, or your violation of the upstream provider's terms of service or acceptable use policies.

13.4 Consumer Users

If you are a Consumer User (as defined in Section 1.1), your indemnification obligation under Section 13.1 is limited to claims arising from: (a) your willful misconduct, fraud, or illegal activity; (b) your violation of Section 6 (Prohibited Uses); or (c) your use of Generated Outputs in a manner that causes harm to third parties. The full indemnification obligations of Section 13.1 apply to all Business Users (as defined in Section 1.1).

13.5 Survival of Indemnification

Your indemnification obligations under this Section shall survive the termination or expiration of this Agreement for a period of five (5) years, or the maximum period permitted by applicable law, whichever is longer.

Section 14: Limitation of Liability

14.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR: LOSS OF PROFITS; LOSS OF REVENUE; LOSS OF BUSINESS OPPORTUNITIES; LOSS OF GOODWILL; LOSS OF DATA; LOSS OF USE; PERSONAL INJURY; PROPERTY DAMAGE; EMOTIONAL DISTRESS; REPUTATIONAL HARM; BUSINESS INTERRUPTION; COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT YOU HAVE PAID TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE FIRST CLAIM AROSE; OR (b) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

14.3 Basis of the Bargain

You acknowledge and agree that the limitations of liability set forth in this Section reflect a reasonable and fair allocation of risk between you and the Company, that these limitations form an essential basis of the bargain between the parties, and that the Company would not have made the Platform available to you without these limitations.

14.4 Jurisdictional Variations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, the Company's liability shall be limited to the maximum extent permitted by applicable law.

Section 15: Disclaimer of Warranties

15.1 "As-Is" and "As-Available" Basis

THE PLATFORM, SERVICES, AI MODELS, AND ALL GENERATED OUTPUTS ARE PROVIDED ON AN "AS-IS," "AS-AVAILABLE," AND "WITH ALL FAULTS" BASIS. THE COMPANY AND ITS AFFILIATES MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT
• WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE
• WARRANTIES THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
• WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• WARRANTIES THAT GENERATED OUTPUTS WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, OR APPROPRIATE
• WARRANTIES THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED
• WARRANTIES THAT THE PLATFORM IS FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS

15.2 No Warranty on Outputs

WITHOUT LIMITING THE FOREGOING, THE COMPANY SPECIFICALLY DISCLAIMS ANY WARRANTY THAT GENERATED OUTPUTS WILL BE: (a) FACTUALLY ACCURATE; (b) FREE FROM BIAS OR DISCRIMINATION; (c) LEGALLY COMPLIANT; (d) NON-INFRINGING OF THIRD-PARTY RIGHTS; (e) SUITABLE FOR ANY PARTICULAR PURPOSE; (f) SAFE TO ACT UPON; OR (g) OF MERCHANTABLE QUALITY.

Section 16: Compliance with Laws

16.1 User Compliance Obligations

You are solely responsible for ensuring that your use of the Platform complies with all applicable laws, regulations, rules, ordinances, directives, standards, and guidelines of every jurisdiction in which you access or use the Platform.

16.2 International Use

The Platform is operated from the United States. If you access the Platform from a location outside the United States, you are solely responsible for compliance with all local, national, and international laws and regulations applicable to your use.

16.2A Jurisdiction-Specific Consumer Protections

Certain jurisdictions grant consumers rights that cannot be waived or limited by contract. Nothing in this Agreement is intended to exclude or limit any non-waivable rights you may have under the laws of your jurisdiction, including but not limited to:

• European Union / European Economic Area: If you are a consumer located in the EU/EEA, you retain all rights under the General Data Protection Regulation (GDPR), the Consumer Rights Directive (2011/83/EU), and the Unfair Contract Terms Directive (93/13/EEC). The arbitration clause in Section 21 shall not apply to you to the extent it conflicts with mandatory consumer protection laws of your member state. You may bring claims in the courts of your country of residence.
• United Kingdom: If you are a consumer located in the UK, your statutory rights under the Consumer Rights Act 2015 and UK GDPR are unaffected by this Agreement.
• Australia: If you are a consumer located in Australia, nothing in this Agreement excludes, restricts, or modifies any consumer guarantee under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
• California: If you are a California resident, you retain all rights under the California Consumer Privacy Act (CCPA) as amended by the CPRA. The arbitration clause does not apply to claims seeking public injunctive relief under California law, per the McGill v. Citibank rule.

To the extent any provision of this Agreement is found to conflict with non-waivable consumer protection laws of your jurisdiction, that provision shall be interpreted or modified to the minimum extent necessary to comply with such laws while preserving the remaining provisions of this Agreement.

16.3 Regulatory Cooperation

The Company reserves the right to cooperate with governmental authorities, law enforcement agencies, regulators, and courts in any investigation, proceeding, or request related to your use of the Platform. This cooperation may include disclosing your identity, Account information, Prompts, Generated Outputs, usage logs, IP addresses, and any other information requested or required by lawful authority.

Section 17: Data Protection and Privacy

17.1 Privacy Policy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated herein by reference. By using the Platform, you consent to the collection, use, storage, processing, and transfer of your information as described in the Privacy Policy.

17.2 Data Processing

You acknowledge that: (a) Prompts and User Inputs are transmitted to upstream Third-Party Providers for processing and are not stored on the Company's servers after the response is delivered — chat conversation history is stored locally on your device; (b) your Account information, usage metadata, credit balances, and transaction records are stored on the Company's servers; (c) your usage data, metadata, and behavioral analytics may be collected and analyzed; and (d) data may be processed in jurisdictions with different data protection standards than your own. The Company does not control how Third-Party Providers handle or retain data transmitted to them.

17.3 No Submission of Sensitive Data

You agree not to submit the following types of sensitive information through the Platform unless expressly authorized: (a) Social Security numbers or government-issued identification numbers; (b) financial account numbers, credit card numbers, or payment information; (c) protected health information (PHI) as defined by HIPAA; (d) biometric data; (e) data of individuals under the age of eighteen (18); (f) classified or restricted government information; or (g) any data subject to specific regulatory protection. If you submit such data in violation of this section, you assume all risk and liability.

17.4 No Guarantee of Confidentiality

The Company does not guarantee the confidentiality or security of any data submitted to the Platform. You acknowledge that data transmitted over the internet is inherently insecure and that the Company cannot guarantee that unauthorized third parties will not be able to access, intercept, or use your data.

Section 18: Intellectual Property

18.1 Company Intellectual Property

The Platform, including all software, code, algorithms, designs, user interfaces, graphics, trademarks, logos, trade names, and all associated documentation, are the exclusive property of the Company or its licensors and are protected by intellectual property laws. Nothing in this Agreement grants you any right, title, or interest in the Company's intellectual property except for the limited license to access and use the Platform as expressly set forth herein.

18.2 Limited License

Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your personal or internal business purposes.

18.3 Reservation of Rights

All rights not expressly granted to you in this Agreement are reserved by the Company. No implied licenses are granted by this Agreement.

Section 19: DMCA and Copyright Complaints

If you believe that any content available on or through the Platform infringes your copyright, you may submit a copyright complaint by providing the following information in writing to support@dolphy.chat: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work; (c) a description of where the allegedly infringing material is located on the Platform; (d) your address, telephone number, and email address; (e) a statement that you have a good faith belief that the disputed use is not authorized; and (f) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf thereof. The Company will review and respond to valid copyright complaints in a timely manner.

Section 20: Termination and Suspension

20.1 Company's Right to Terminate

We may suspend, restrict, or terminate your Account and access to the Platform at any time, for any reason or no reason, with or without cause, and with or without prior notice. Reasons for termination may include, but are not limited to: violation of these Terms; fraudulent or suspicious payment activity; suspected illegal activity; requests by law enforcement; or discontinuation of the Service.

20.2 Effect of Termination

Upon termination: (a) your right to use the Platform ceases immediately; (b) you must immediately cease all use of the Platform; (c) the Company may delete your Account data in accordance with our Privacy Policy; and (d) sections of these Terms that by their nature should survive termination shall survive.

20.2A Credit Refund on Termination

If your Account is terminated by the Company without cause (i.e., not due to your violation of this Agreement, illegal activity, fraud, or suspected abuse), you may request a refund of unused credits purchased within the preceding ninety (90) days by contacting support@dolphy.chat within thirty (30) days of termination. If your Account is terminated for cause (including violation of Section 6, fraudulent payment activity, or illegal conduct), all unused credits are forfeited and no refund will be issued.

20.3 User Termination

You may terminate your Account at any time by contacting us at support@dolphy.chat. Termination of your Account does not entitle you to any refund of purchased credits or fees.

Section 21: Dispute Resolution and Arbitration

21.1 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Platform shall be resolved through binding individual arbitration, rather than in court, except that either party may seek equitable relief in court for injunctive or other equitable remedies.

21.2 Arbitration Rules

The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

21.3 Informal Resolution

Before initiating arbitration, you agree to first attempt to resolve any dispute informally by contacting us at support@dolphy.chat. If the dispute is not resolved within thirty (30) days of such notice, either party may proceed with arbitration.

21.4 Opt-Out of Arbitration

You may opt out of the arbitration provision in this Section 21 by sending written notice to support@dolphy.chat within thirty (30) days of the date you first create your Account (the "Opt-Out Deadline"). Your opt-out notice must include your full name, the email address associated with your Account, and a clear statement that you wish to opt out of binding arbitration. The Opt-Out Deadline is tied to your Account creation date as recorded by the Company. The Company will acknowledge receipt of your opt-out notice within ten (10) business days. If you do not receive acknowledgment, contact us again to confirm receipt. If you validly opt out, you and the Company agree to resolve disputes in the courts specified in Section 23.

21.5 International Carve-Out

The arbitration provisions in this Section 21 do not apply to Users located in jurisdictions where mandatory arbitration of consumer disputes is prohibited by law, including but not limited to the European Union, European Economic Area, United Kingdom, and Australia. Users in such jurisdictions may bring claims in accordance with the consumer dispute resolution mechanisms available in their country of residence, as further described in Section 16.2A.

21.6 Statute of Limitations

Any claim arising out of or related to this Agreement must be filed within one (1) year after the date on which the claim arose, or such claim shall be permanently barred. This shortened limitations period does not apply where prohibited by the mandatory laws of your jurisdiction.

Section 22: Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST THE COMPANY. YOU ALSO WAIVE YOUR RIGHT TO A JURY TRIAL. If any part of this class action waiver is found to be unenforceable, the remainder of the arbitration provision shall still apply. This class action waiver does not apply to Users located in jurisdictions where collective or representative action rights cannot be waived by contract, including but not limited to the European Union, European Economic Area, United Kingdom, and Australia.

Section 23: Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Delaware for any actions not subject to arbitration.

Section 24: Force Majeure

The Company shall not be liable for any failure or delay in performing its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of war or terrorism, pandemics, epidemics, government actions or orders, power failures, telecommunications failures, internet service disruptions, cyberattacks, labor disputes, civil unrest, or any other force majeure event. Routine third-party API outages or service disruptions are addressed in Section 4.1B and Section 4.2, not this Section.

Section 25: Severability

If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void, invalid, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its original intent.

Section 26: Waiver

The Company's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by the Company. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

Section 27: Assignment

You may not assign or transfer this Agreement or your rights hereunder, in whole or in part, without the Company's prior written consent. The Company may assign or transfer this Agreement, in whole or in part, without restriction and without your consent, including in connection with a merger, acquisition, corporate restructuring, or sale of all or substantially all of its assets.

Section 28: Entire Agreement

This Agreement, together with the Privacy Policy, Data Deletion Policy, and all exhibits and policies incorporated herein by reference, constitutes the entire agreement between you and the Company regarding your use of the Platform. This Agreement supersedes all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and the Company regarding the Platform.

Section 29: Amendments and Modifications

The Company reserves the right to modify, amend, or replace this Agreement at its sole discretion. We will update the "Last Updated" date at the top of this page when changes are made. For material changes — including but not limited to changes to the arbitration clause, liability limitations, indemnification obligations, or pricing — the Company will provide at least thirty (30) days' advance notice via email to the address associated with your Account and/or through a prominent notice on the Platform before the changes take effect. If you do not agree with the revised terms, you may terminate your Account before the changes take effect. Your continued use of the Platform after the effective date of any changes constitutes your binding acceptance of the revised Agreement. Non-material changes (such as corrections, clarifications, or formatting) may take effect immediately upon posting. It is your responsibility to review this Agreement periodically for changes.

Section 30: Notices

All notices from the Company to you may be delivered via email to the address associated with your Account, through the Platform interface, or by posting on the Platform. Notices from you to the Company must be sent to support@dolphy.chat. Notices shall be deemed received upon delivery to the email address or upon posting on the Platform.

Section 31: Survival

The following Sections shall survive any termination or expiration of this Agreement: Sections 1, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 21, 22, 23, 25, 28, 31, and any other provisions that by their nature are intended to survive termination.

Section 32: Relationship of Parties

Nothing in this Agreement shall be construed to create a joint venture, partnership, employment, franchise, or agency relationship between you and the Company. Neither party has the authority to bind the other or incur obligations on behalf of the other. You acknowledge that you are an independent user of the Platform and not an employee, agent, partner, or joint venturer of the Company.

Section 33: Export Controls

You agree to comply with all applicable export and re-export control laws and regulations, including but not limited to the Export Administration Regulations (EAR) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control (OFAC), and the International Traffic in Arms Regulations (ITAR) maintained by the Department of State. You represent and warrant that you are not located in, under the control of, or a national or resident of any country, territory, or entity that is subject to U.S. trade sanctions or embargoes.

Section 34: Government Use

If you are a government entity or accessing the Platform on behalf of a government entity, you acknowledge that the Platform constitutes "commercial computer software" and "commercial computer software documentation" as defined in applicable federal acquisition regulations. Any use, duplication, or disclosure by the government is subject to the restrictions set forth in this Agreement and applicable law.

Section 35: Accessibility

The Company endeavors to make the Platform accessible to individuals with disabilities in accordance with applicable accessibility standards. However, the Company does not warrant that the Platform will meet all accessibility requirements or standards. If you experience any accessibility issues, please contact us at support@dolphy.chat.

Section 36: Miscellaneous Provisions

36.1 No Third-Party Beneficiaries

This Agreement is intended solely for the benefit of the parties hereto and is not intended to confer any rights or benefits on any third party, except for the Indemnified Parties identified in Section 13.

36.2 Construction

This Agreement shall not be construed against either party by reason of such party having drafted or caused to have drafted any provision hereof.

36.3 Headings

The headings and section titles in this Agreement are for convenience only and shall not affect the meaning or interpretation of any provision.

36.4 Counterparts

Electronic acceptance of this Agreement shall be deemed an original signature for all purposes.

Section 37: Contact Information

If you have any questions, concerns, or complaints about this Agreement or the Platform, please contact us at:

• Email: support@dolphy.chat
• Website: dolphy.chat

Exhibit A: Acceptable Use Policy (Detailed)

This Exhibit A supplements Section 6 (Prohibited Uses and Activities) of the Terms of Service and provides additional detail regarding acceptable and prohibited uses of the Platform.

A.1 Content Categories

The Platform may be used to generate creative, educational, entertainment, and informational content. Users are responsible for ensuring that all content generated through the Platform is used in compliance with applicable laws and this Agreement.

A.2 Zero Tolerance Policy

The Company maintains a zero-tolerance policy for the following categories of content, which will result in immediate and permanent Account termination and reporting to law enforcement:

• Any content that sexually exploits, depicts, or endangers minors (CSAM)
• Content facilitating terrorism or mass violence
• Content facilitating human trafficking or modern slavery
• Content facilitating the creation of weapons of mass destruction

A.3 Content Monitoring

While the Company does not routinely pre-screen or monitor all content generated through the Platform, we reserve the right to implement automated detection systems, manual review processes, and other monitoring measures as we deem appropriate. Users who are found to have violated this policy may have their Accounts suspended or terminated without notice.

A.4 Reporting

Users are encouraged to report any content or activity that violates this Acceptable Use Policy to support@dolphy.chat. Reports will be reviewed and appropriate action will be taken.

Exhibit B: Data Processing Addendum

B.1 Scope

This Data Processing Addendum ("DPA") supplements the Terms of Service and describes how the Company processes personal data in connection with the Platform.

B.2 Data Controller and Processor

For purposes of applicable data protection laws, you are the data controller of any personal data you submit to the Platform, and the Company acts as a data processor to the extent it processes such data on your behalf to provide the Services.

B.3 Processing Activities

The Company processes personal data for the following purposes: (a) providing and maintaining the Platform; (b) processing payments; (c) communicating with Users; (d) improving the Platform and Services; (e) complying with legal obligations; and (f) protecting the rights and safety of the Company and its Users.

B.4 Data Security

The Company implements reasonable technical and organizational measures to protect personal data against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or method of electronic storage is 100% secure, and the Company cannot guarantee absolute security.

B.5 Data Retention

The Company retains Account information, usage metadata, credit balances, and transaction records for as long as necessary to fulfill the purposes for which they were collected, comply with legal obligations, resolve disputes, and enforce agreements. Chat conversation data (Prompts and Generated Outputs) is stored locally on your device and is not retained on the Company's servers — however, Prompts are transmitted to Third-Party Providers for processing, and the Company does not control their retention practices. For data deletion requests, please refer to our Data Deletion Policy.

B.6 International Transfers

Personal data may be transferred to and processed in countries other than your country of residence, including the United States. By using the Platform, you consent to such transfers. For Users in the EU/EEA, the Company relies on the legal bases available under GDPR Article 49 (including explicit consent and necessity for the performance of the contract) for such transfers. The Company will take reasonable steps to ensure that your data is treated securely and in accordance with this DPA and applicable law.

B.7 Data Subject Rights (EU/EEA/UK Users)

If you are located in the EU, EEA, or UK, you have the following rights under GDPR and UK GDPR, which the Company will facilitate: (a) the right of access to your personal data; (b) the right to rectification of inaccurate data; (c) the right to erasure ("right to be forgotten"); (d) the right to restriction of processing; (e) the right to data portability; (f) the right to object to processing; and (g) the right not to be subject to automated decision-making, including profiling. To exercise any of these rights, contact support@dolphy.chat. The Company will respond to requests within the timeframes required by applicable law (generally 30 days for GDPR).

B.8 Sub-Processors

The Company uses the following categories of sub-processors to deliver the Services: (a) specialized AI infrastructure providers — AI model inference and content generation; (b) Google Firebase — authentication and database services; (c) Stripe — payment processing; (d) a cloud hosting provider — hosting infrastructure. The Company will maintain an up-to-date list of sub-processors and will provide reasonable notice before engaging new sub-processors that process personal data.

B.9 Data Breach Notification

In the event of a personal data breach that is likely to result in a risk to the rights and freedoms of natural persons, the Company will: (a) notify affected Users without undue delay and, where feasible, within 72 hours of becoming aware of the breach; (b) provide a description of the nature of the breach, the categories and approximate number of data subjects concerned, and the likely consequences; and (c) describe the measures taken or proposed to address the breach.

Exhibit C: Service Level Expectations

C.1 Availability

The Company endeavors to maintain Platform availability but does not guarantee any specific uptime percentage. The Platform may experience downtime for maintenance, updates, or due to circumstances beyond the Company's control. No service level agreement (SLA) is provided unless separately agreed to in writing.

C.2 Response Times

AI model response times may vary depending on model load, complexity of the request, and other factors. The Company does not guarantee specific response times for any feature of the Platform.

C.3 Support

The Company provides support via email at support@dolphy.chat. Support requests are handled on a best-effort basis. The Company does not guarantee specific response or resolution times for support requests.

C.4 No Compensation

The Company shall not be obligated to provide any compensation, credits, refunds, or other remedies for any downtime, service degradation, performance issues, or other service level failures, except as expressly required by applicable law.