Terms of Service
Effective Date: January 1, 2025Welcome to DreamByteAI ! These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you and DreamByteAI Inc. ("Company", "we", "us", "our") governing your use of our AI agent development platform, game publishing services, websites, mobile applications, and related services (collectively, the "Services").
1. Acceptance of Terms
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of these terms, you do not have permission to access our Services. If you are using our Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2. Description of Services
DreamByteAI provides:
• AI agent development tools and platforms
• Large Language Model (LLM) integration services
• Workflow automation tools
• Game publishing and distribution services
• Developer APIs and SDKs
• Cloud-based infrastructure for AI applications
3. User Accounts
3.1 Registration: You must provide accurate, complete, and current information during registration.
3.2 Account Security: You are responsible for safeguarding your password and any activities under your account.
3.3 Age Requirement: You must be at least 18 years old or have parental consent to use our Services.
3.4 Account Termination: We reserve the right to suspend or terminate accounts that violate these Terms.
4. Acceptable Use Policy
You agree not to:
• Violate any applicable laws or regulations
• Infringe upon intellectual property rights
• Transmit malware, viruses, or harmful code
• Attempt unauthorized access to our systems
• Engage in any form of automated data collection without permission
• Use our Services for illegal or harmful AI applications
• Harass, abuse, or harm other users
• Circumvent usage limits or access restrictions
• Resell our Services without authorization
5. AI Services Specific Terms
5.1 AI Output: You retain ownership of content you create using our AI tools, subject to our license rights.
5.2 Training Data: By using our Services, you grant us a license to use your inputs to improve our AI models.
5.3 Limitations: AI-generated content may contain errors. You are responsible for reviewing and verifying all output.
5.4 Ethical Use: You agree to use AI services responsibly and not for deceptive or harmful purposes.
6. Game Publishing Terms
6.1 Developer Agreement: Game developers must enter separate publishing agreements.
6.2 Revenue Sharing: Revenue splits will be defined in individual publishing contracts.
6.3 Content Standards: Published games must meet our quality and content guidelines.
6.4 Distribution Rights: We may distribute games across multiple platforms as agreed.
7. Intellectual Property
7.1 Our Property: The Services, including all software, designs, and content, are owned by DreamByteAI and protected by intellectual property laws.
7.2 Your Content: You retain ownership of content you create, but grant us a worldwide, royalty-free license to use, host, and display your content as necessary to provide the Services.
7.3 Feedback: Any feedback you provide may be used by us without compensation or attribution.
8. Payment Terms
8.1 Fees: You agree to pay all applicable fees for the Services you use.
8.2 Billing: Subscription fees are billed in advance on a recurring basis.
8.3 Refunds: Refunds are provided only as required by law or stated in specific service agreements.
8.4 Taxes: You are responsible for all applicable taxes related to your use of the Services.
9. Privacy and Data Protection
Your use of our Services is also governed by our Privacy Policy. By using the Services, you consent to our data practices as described in the Privacy Policy.
10. Disclaimers and Limitations of Liability
10.1 AS-IS BASIS: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.
10.2 NO WARRANTY: WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
10.3 LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, DREAMBYTEAI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.
10.4 TOTAL LIABILITY: OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to indemnify and hold harmless DreamByteAI and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses arising from your use of the Services or violation of these Terms.
12. Termination
12.1 By You: You may terminate your account at any time through your account settings.
12.2 By Us: We may suspend or terminate your access immediately for violations of these Terms.
12.3 Effect: Upon termination, your right to use the Services ceases immediately.
13. Dispute Resolution
13.1 Arbitration: Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules.
13.2 Class Action Waiver: You waive any right to bring claims on a class or representative basis.
13.3 Exceptions: Small claims court actions and injunctive relief for IP violations are excluded.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
15. Miscellaneous
15.1 Entire Agreement: These Terms constitute the entire agreement between you and DreamByteAI.
15.2 Severability: If any provision is found unenforceable, the remaining provisions shall continue.
15.3 Assignment: You may not assign these Terms without our prior written consent.
15.4 Waiver: No waiver shall be effective unless in writing.
16. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Services. Your continued use after changes constitutes acceptance of the new Terms.
17. Contact Information
For questions about these Terms of Service, please contact us:
Email: [email protected]
Address: Dream Byte Limited
FLAT E19, 10/F, NO.52 HUNG TO ROAD, KWUN TONG
HONG KONG
For general support: [email protected]