Terms of Service

Last updated: August 16, 2025

Effective date: August 27, 2025

Version: 2.0

1. Acceptance of Terms

By accessing or using the services provided by Enosis Labs, Inc. ('Enosis Labs,' 'we,' 'us,' or 'our'), including but not limited to Daly AI, Rainy 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.

2. Definitions
  • Services: The artificial intelligence solutions, platforms, applications, and related services provided by Enosis Labs, Inc., including but not limited to Daly AI and Rainy AI.
  • User Content: Any content, data, information, or materials that you submit, upload, post, or otherwise provide to the Services.
  • AI-Generated Content: Content, data, information, or materials generated by our AI models based on User Content or other inputs.
  • SaaS Model: Software as a Service - access to our AI applications through web interfaces or APIs without downloading software.
  • BSL License: Business Source License - source code licensing with limited-time commercial restrictions, after which it becomes open source.
3. User Eligibility

3.1 Age Requirements

You must be at least 13 years old to use our Services. If you are under 18, you represent that you have your parent or legal guardian's permission to use the Services. If you are a parent or legal guardian and you allow your child to use the Services, then these Terms apply to you and you are responsible for your child's activity on the Services.

3.2 Geographic Restrictions

Our Services are controlled and operated from the United States. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

4. Service Description and Licensing Model

4.1 AI Services

Enosis Labs provides artificial intelligence solutions for education and other purposes. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time.

4.2 Licensing Model

  • SaaS Services: Our core services are offered as Software as a Service through web interfaces and APIs
  • Open Source Components: Some components may be available under open source licenses, including BSL
  • Proprietary Code: Certain AI algorithms and models remain proprietary intellectual property
5. User Accounts

5.1 Registration

To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

5.2 Security

You are responsible for all activities that occur under your account. You must immediately notify Enosis Labs of any unauthorized use of your account or any other breach of security.

6. User Content and Licensing Rights

6.1 User Ownership

You retain ownership of any original content you create or upload to our platform (User Content).

6.2 Limited License for Service Operation

By submitting User Content, you grant us a limited, non-exclusive, and revocable license to:

  • Technical processing: Store, process, and transmit your content to provide the requested Services
  • Service improvements: Analyze aggregated and anonymized usage patterns to improve functionality
  • Technical support: Access your content when necessary to resolve technical issues you report

6.3 AI Model Training - Opt-Out Available

By default, we DO NOT use your User Content to train our AI models. If you wish to contribute to the improvement of our AI models, you may opt into our improvement program through account settings. This participation:

  • Is completely voluntary and can be revoked at any time
  • Uses only aggregated and anonymized data
  • Does not share your specific content with third parties
  • Can be disabled from your control panel

6.4 License Limitations

This license does NOT include the right to:

  • Sell, license, or distribute your User Content to third parties for commercial purposes
  • Use your content for external marketing purposes without your explicit consent
  • Claim copyright ownership over content you create
7. Payment Terms and Billing

7.1 Pricing Plans

We offer various subscription plans ranging from $5 USD to $200 USD monthly, with weekly, monthly, and annual billing options.

7.2 Payment Methods

All payments are processed through Stripe. Accepted payment methods include major credit and debit cards.

7.3 Automatic Billing

For paid subscriptions, we will automatically charge your payment method on each agreed-upon renewal period until you cancel. You are responsible for maintaining valid and current payment information.

7.4 Taxes

You are responsible for all applicable taxes. We will calculate and collect taxes when required by law based on the billing information you provide.

7.5 Refund Policy

We offer the following refund options:

  • Refunds within 7 days: We offer full refunds for subscriptions canceled within the first 7 days of the initial billing period
  • Prorated refunds: For cancellations after 7 days, we do not offer refunds for the current billing period, but your access will continue until the end of the paid period
  • Exceptional circumstances: We may consider refunds in cases of prolonged technical malfunction or material breach of these terms on our part

7.6 Price Changes

We reserve the right to change our rates. We will provide at least 30 days notice before any price changes take effect, sent to your registered email address.

7.7 Suspension for Non-Payment

If your payment cannot be processed, we may downgrade your account or suspend your access to the Services until payment is received.

8. AI Services and Transparency

8.1 AI-Generated Content

Content generated by our AI services is provided for informational purposes only. We do not guarantee the accuracy, completeness, or suitability of AI-Generated Content for any particular purpose. You are responsible for verifying and validating any content before using it.

8.2 Transparency in AI Decisions

We are committed to transparency in our AI decision-making processes. If our AI models make automated decisions that have a significant impact on you, we will provide information about the logic involved, to the extent possible without disclosing proprietary information.

8.3 Bias and Fairness

We continuously work to mitigate bias and improve the fairness of our AI models. However, we acknowledge that AI models can be influenced by biases present in training data.

9. Acceptable Use Policy

You are prohibited from using our Services for:

9.1 Illegal Activities

You may not engage in:

  • Violating applicable local, state, national, or international laws
  • Engaging in fraudulent, malicious, or illegal activities

9.2 Prohibited Content

You may not generate, upload, or request content that:

  • Promotes hatred, discrimination, or violence against individuals or groups
  • Contains harmful misinformation or dangerous conspiracy theories
  • Includes sexually explicit material, especially involving minors
  • Reveals private personal information of third parties without consent
  • Infringes intellectual property rights
  • Is defamatory, libelous, or invasive of privacy

9.3 System Security

You are prohibited from:

  • Interfering with the security or integrity of the Services
  • Attempting to gain unauthorized access to the Services or related systems
  • Using automated means to access the Services without express permission
  • Reverse engineering our AI models or software

9.4 Malicious Use

You are prohibited from:

  • Impersonating any person or entity
  • Interfering with the proper functioning of the Services
  • Collecting personal information from other users without consent
  • Distributing malware, viruses, or malicious code
10. DMCA / Copyright Infringement Policy

10.1 DMCA Compliance

We comply with the Digital Millennium Copyright Act (17 U.S.C. § 512). It is our policy to respond to infringement notices and take appropriate actions under the DMCA.

10.2 Designated Copyright Agent

Our designated agent for receiving copyright infringement notifications is:

Copyright Agent Enosis Labs, Inc. Email: legal@enosislabs.com Address: 1111B S Governors Ave STE 26317, Dover, DE 19904

10.3 Takedown Notice Procedure

To file a copyright infringement notification, you must provide:

  1. Identification of the copyrighted work allegedly infringed
  2. Identification of the allegedly infringing material to be removed
  3. Contact information of the complainant
  4. Good faith statement that the use is not authorized
  5. Statement under penalty of perjury that the information is accurate
  6. Physical or electronic signature of the copyright owner

10.4 Counter-Notice Procedure

If you believe your content was removed in error, you may submit a counter-notice including:

  1. Identification of the removed material and its previous location
  2. Statement under penalty of perjury that removal was due to error or misidentification
  3. Your contact information and consent to federal jurisdiction
  4. Your physical or electronic signature
11. Third-Party Services

11.1 Third-Party Integration

Our Services may integrate with third-party services (APIs, platforms, etc.). We are not responsible for the functionality, security, availability, or policies of these third-party services.

11.2 External Links

The Services may contain links to third-party websites or services. We do not endorse or assume responsibility for the content, privacy policies, or practices of third-party sites.

12. Beta and Testing Services

12.1 Experimental Services

We may offer beta or testing services. These services have the following characteristics:

  • Are provided 'as is' without warranties
  • May contain bugs or be incomplete
  • May be modified or discontinued without notice
  • Are not subject to service level agreements

12.2 Use at Your Own Risk

Use of beta services is at your own risk. We are not responsible for data loss or service interruptions in experimental features.

13. Feedback and Suggestions

13.1 Feedback License

If you provide us with feedback, suggestions, ideas, or recommendations about our Services, you grant us a perpetual, irrevocable, non-exclusive, and royalty-free license to use, modify, and implement such feedback without any obligation for compensation.

13.2 No Confidentiality

All feedback is considered non-confidential. Do not establish a confidential or fiduciary relationship with us through your feedback.

14. Intellectual Property

All content, software, technology, AI models, and other materials provided through our Services are the property of Enosis Labs or its licensors and are protected by United States and international intellectual property laws. You may not use, reproduce, distribute, modify, or create derivative works without our prior written consent, except as expressly permitted in these Terms.

15. User Rights and Data Management

For detailed information about your data rights, including data portability, right to erasure, and how to exercise these rights, please refer to our Privacy Policy. We will provide requested information within a reasonable timeframe, subject to identity verification and applicable legal requirements.

16. Security Measures

We implement industry-standard security measures to protect your data from unauthorized access, use, or disclosure, including encryption, access controls, and regular security assessments. However, no method of internet transmission is 100% secure, so we cannot guarantee absolute security.

17. Limitation of Liability

17.1 Exclusion of Indirect Damages

To the fullest extent permitted by applicable law, Enosis Labs will not be liable for indirect, incidental, special, consequential, or punitive damages arising from use of the Services.

17.2 Total Liability Limit

Our total liability for any claim related to these Terms or the Services will not exceed the amount you have paid us during the twelve (12) months preceding the event giving rise to the claim. If you have not paid us any amount during that period, our liability is limited to $100 USD.

17.3 Availability of Legal Remedies

This limitation does not prevent you from seeking appropriate legal remedies under applicable laws in your jurisdiction for conduct that constitutes gross negligence, willful misconduct, or breach of fundamental contractual obligations.

18. User Responsibility and Indemnification

You agree to defend and indemnify Enosis Labs, its affiliates, and personnel from claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from:

  • Your violation of these Terms
  • Your improper use of the Services
  • Your User Content that infringes third-party rights
  • Your gross negligence or willful misconduct

This indemnification obligation is enforceable under Delaware state laws and jurisdictions where legally enforceable.

19. Termination

19.1 Termination by Us

We reserve the right to terminate or suspend your access to the Services for violation of these Terms, harmful activities, intellectual property infringement, illegal use, failure to pay fees, or at the request of government authorities.

19.2 Notice

We will provide advance notice when practical and legally possible.

19.3 Effect of Termination

Upon termination, your right to use the Services ceases immediately. We may retain copies of your content as required by law or for our legitimate records.

20. Dispute Resolution

20.1 Good Faith Negotiation

Before initiating any legal proceedings, the parties will attempt to resolve disputes through good faith negotiation for at least 30 days.

20.2 Jurisdiction and Applicable Law

For users in the United States, any legal disputes will be resolved in Delaware state courts or appropriate federal courts, applying Delaware laws.

20.3 International Users

For users outside the United States, disputes will be resolved according to the laws of your local jurisdiction, unless we mutually agree to another forum.

20.4 Optional Arbitration

If both parties agree, disputes may be resolved through binding arbitration under American Arbitration Association rules in San Francisco, California.

21. Applicable Law and Compliance

These Terms are governed by the laws of the State of Delaware, United States, including the Delaware Uniform Electronic Transactions Act (UETA). By using our services, you agree to conduct transactions electronically and acknowledge that such transactions satisfy legal requirements for written communications.

22. Modifications to Terms

We may modify these Terms occasionally to reflect changes in our Services or applicable laws. We will provide notice of material changes by:

  • Posting on our website with at least 30 days advance notice
  • Email notification to registered users
  • Prominent notice in the Services

Your continued use after the effective date constitutes acceptance of the new Terms. If you do not agree with the changes, you must cease use of the Services.

23. General Provisions

23.1 Severability

If any provision of these Terms is invalid or unenforceable, such provision will be removed or limited to the minimum, and the remaining provisions will continue in full force.

23.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the complete agreement between you and Enosis Labs regarding the Services.

23.3 Waiver

No waiver by Enosis Labs of any term or condition constitutes an additional or continuing waiver of such term or any other term.

23.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

24. Contact Information

For legal matters, questions about these Terms, or required notifications under these Terms, contact us at:

Enosis Labs, Inc.

Legal Email: legal@enosislabs.com

Support Email: support@enosislabs.com

Address: 1111B S Governors Ave STE 26317, Dover, DE 19904

For DMCA notifications, use the designated agent information in Section 10.2.

Acknowledgment: By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

*These Terms of Service were comprehensively updated August 16, 2025 to include enhanced payment terms, DMCA compliance procedures, and expanded AI transparency provisions. Effective date: August 27, 2025.