Terms of Service

By accessing or using the services provided by Enosis Labs, Inc. ('Enosis Labs,' 'we,' 'us,' or 'our'), including but not limited to Daly AI and related services (the 'Services'), you ('you' or 'User') agree to be legally bound by these Terms of Service ('Terms') and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms and our Privacy Policy, you are not authorized to use our Services and must immediately cease all use.

Enosis Labs provides artificial intelligence solutions for education and other purposes, including but not limited to Daly AI and related services. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, and without liability to you.

All content, software, technology, AI models, and other materials provided through our Services, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, are the property of Enosis Labs or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not use, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as expressly permitted by these Terms or with the prior written consent of Enosis Labs.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ENOSIS LABS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ENOSIS LABS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. ENOSIS LABS IS NOT RESPONSIBLE FOR ANY USER-GENERATED CONTENT AND ITS POTENTIAL CONSEQUENCES. By using our services, you agree that you will not bring any legal action against Enosis Labs, its affiliates, or their officers, directors, employees, or agents for any reason whatsoever arising out of or relating to your use of the Services. THE TOTAL LIABILITY OF ENOSIS LABS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO ENOSIS LABS, IF ANY, FOR ACCESS TO OR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU HAVE NOT PAID ENOSIS LABS ANY AMOUNT DURING THAT PERIOD, ENOSIS LABS WILL HAVE NO LIABILITY TO YOU.

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws provisions. This includes, but is not limited to, Delaware contract law, intellectual property law, and data security regulations. You agree that the Delaware Uniform Electronic Transactions Act (UETA), 6 Del. C. § 12A-101 et seq., applies to these Terms and to any electronic transactions conducted through the Services.

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in San Francisco, California, before a single arbitrator. The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and, where applicable, its Supplementary Procedures for Consumer-Related Disputes. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. YOU AND ENOSIS LABS 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.

We reserve the right to modify these Terms at any time. We will post the most current version of these Terms on our website. If we make material changes to these Terms, we will notify you by email or through a prominent notice on our Services. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future Terms, do not use or access (or continue to access) the Services.

You retain ownership of any original content you create or upload to our platform (User Content). By submitting, posting, or displaying User Content on or through the Services, you grant Enosis Labs a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content in any and all media or distribution methods (now known or later developed) for the purpose of providing, improving, and promoting the Services. This license includes the right for Enosis Labs to make User Content available to other users of the Services, subject to these Terms and our Privacy Policy. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit.

We implement industry-standard security measures to protect your data from unauthorized access, use, or disclosure. These measures include, but are not limited to, encryption, access controls, and regular security assessments. However, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

We reserve the right to terminate or suspend your access to all or part of the Services, with or without cause, with or without notice, effective immediately. Reasons for termination include, but are not limited to: (a) your violation of these Terms or our Privacy Policy; (b) your engagement in any activity that is harmful to Enosis Labs, other users, or the Services; (c) your infringement of any intellectual property rights of Enosis Labs or third parties; (d) your use of the Services for any illegal or unauthorized purpose; (e) your failure to pay any fees owed to Enosis Labs; or (f) any request by law enforcement or other government agencies. Upon termination, your right to use the Services will immediately cease. If your account is terminated, you may lose access to your User Content. Enosis Labs will not be liable to you or any third party for any termination of your access to the Services.

You agree to defend, indemnify, and hold harmless Enosis Labs, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services. This indemnification obligation is enforceable under the laws of the State of Delaware.

By using our services, you agree to conduct transactions electronically, and you acknowledge and agree that such electronic transactions, signatures, and records satisfy any legal requirement that such communications be in writing, as defined under the Delaware Uniform Electronic Transactions Act (UETA), 6 Del. C. § 12A-101 et seq.

We may update these Terms from time to time to reflect changes in our Services, applicable laws, or for other reasons. We will provide notice of any material changes by posting the updated Terms on our website and, where appropriate, by email or other means. The 'Last updated' date at the top of these Terms indicates when they were last revised. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms.

For legal inquiries or concerns related to these Terms, please contact our legal department at legal@enosislabs.com.

You agree that Enosis Labs shall not be held liable for any damages, losses, or legal claims arising from actions of third parties that are facilitated by your actions or your use of the Services. By using our Services, you agree to indemnify, defend, and hold harmless Enosis Labs, its affiliates, and their officers, directors, employees, and agents from any claims, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) resulting from such third-party acts. This indemnification is enforceable under United States law and the laws of the State of Delaware, as applicable.

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

These Terms, together with our Privacy Policy, constitute the sole and entire agreement between you and Enosis Labs with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.

No waiver by Enosis Labs of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Enosis Labs to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.