DOLPHIN AI — TERMS OF USE

PLEASE READ THESE TERMS CAREFULLY. These Terms of Use (the "Terms") govern your access to and use of the Dolphin AI platform, including the website at trydolphin.ai, our mobile and desktop applications, any application programming interfaces ("APIs"), and all related products, features, and content (collectively, the "Service"). By accessing or using the Service, you represent that (i) you have read, understood, and agree to be bound by these Terms, (ii) you are of legal age to form a binding contract in your jurisdiction, and (iii) you are not barred from using the Service under the laws that apply to you.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.

SUBSCRIPTION NOTICE. If you purchase a paid subscription, it will automatically renew for successive periods at our then-current rates unless you cancel before the end of the current period. See Section 10 for details.

ARBITRATION & CLASS-ACTION WAIVER. Section 20 contains a binding arbitration agreement and waiver of class-action rights. Unless you opt out within thirty (30) days as described in Section 20, disputes between you and Dolphin AI must be resolved by individual arbitration, not in court.

CONTENT CREATED ABOUT REAL PEOPLE. The Service generates realistic talking-head videos, avatars, and synthesized voices. You are solely responsible for obtaining all necessary consents before uploading another person's face image or voice sample. See Section 8 and Section 9.

1. About These Terms

These Terms are a legal agreement between you (and, if you are using the Service on behalf of an organization, that organization) and Greenhorn Wellness Private Limited ("Dolphin AI", "we", "us", or "our"), a company incorporated on Feb 20, 2020 in India, registered at Registrar of Companies, ROC Bangalore. Our Privacy Policy at trydolphin.ai/privacy is incorporated into these Terms by reference.

Supplemental Terms. Certain features may be subject to additional terms. If there is any conflict, the supplemental terms control for that feature.

Updates. We may update these Terms from time to time. Material changes will be communicated by email and/or through an in-product notice. Your continued use of the Service after the effective date means you accept the updated Terms.

2. Key Definitions

• "Account": a registered user profile on the Service.
• "Admin": a user designated by the Owner to manage an Organization.
• "Avatar": a digital representation of a person (Stock or Custom).
• "Credits": prepaid units used to consume generation features.
• "Input": any script, prompt, image, voice sample, or other content you submit.
• "Output": any content generated by the Service based on your Inputs.
• "Organization": the organizational account that owns one or more Workspaces.
• "Owner": the individual who creates an Organization and holds ultimate control.
• "Workspace": a container within an Organization for video projects and assets.
• "Your Content": Inputs, Outputs, and any other content you upload or generate on the Service.

3. Eligibility and Account Registration

• Eligibility. You must be at least 18 years old (or the age of legal majority in your jurisdiction) to create an Account.
• Accurate Information. You must provide accurate and complete information and keep it up to date.
• Authentication. The Service uses email OTP verification and/or third-party sign-on (such as Google OAuth).
• One Account Per Person. You may not create more than one personal Account at a time.
• Security. Notify us immediately at support@dolphinai.pro if you suspect unauthorized use of your Account.

4. Organization Accounts, Roles, and Authority

4.1 Personal Accounts and Organizations

When you sign up without an Organization invite, you are placed in a personal Workspace. When you create an Organization, you become its Owner and bind both yourself and the Organization to these Terms.

4.2 Authority to Bind an Organization

If you accept these Terms on behalf of an Organization, you represent and warrant that you have the authority to bind that Organization.

4.3 Owner and Admin Rights

• Owner: has org-wide control, including appointing Admins, managing billing, transferring ownership, and deleting the Organization.
• Admins: may create and configure Workspaces, invite and remove Members, manage credit allocations, and view all projects and analytics.
• Members: may create video projects and use generation features, subject to permission flags set by an Admin.

4.4 Member Visibility and Access

Members acknowledge that Owners and Admins may view projects, Inputs, Outputs, and audit-log records of Member activity, and may remove a Member at any time.

4.5 Departing Members

If your access to an Organization is revoked, the Organization controls the disposition of any content you created within its Workspaces, subject to applicable law.

5. License to Use the Service

Subject to your compliance with these Terms, Dolphin AI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal use or internal business purposes.

Reservation of Rights. All rights not expressly granted to you are reserved by Dolphin AI and its licensors.

6. Your Content and Inputs

6.1 Responsibility

You are solely responsible for Your Content, including all Inputs you submit and all Outputs generated from your Inputs.

6.2 License to Dolphin AI

You grant Dolphin AI a limited, worldwide, non-exclusive, royalty-free, sublicensable license to host, reproduce, process, adapt, transmit, and display Your Content solely to provide the Service.

6.3 Ownership of Outputs

You own the Outputs generated from your Inputs, to the extent such Outputs are protectable under applicable law. We do not claim ownership of your Outputs. Because the Service uses generative AI, Outputs may not be unique.

6.4 Storage and Deletion

We have no obligation to retain Your Content indefinitely. You are responsible for maintaining independent backups.

6.5 Brand Assets

When an Admin uploads brand assets to an Organization's Asset Library, those assets become available to Members for use within Outputs.

7. Generated Outputs, AI Models, and Subprocessors

7.1 AI-Generated Content

The Service uses generative AI models to produce Outputs. Outputs are probabilistic in nature and may be inaccurate, unexpected, or unsuitable for your intended use.

7.2 Third-Party Model Providers

We rely on third-party AI model providers and subprocessors to deliver certain generation features. Your use of the Service constitutes your agreement that your Inputs may be transmitted to such subprocessors.

7.3 No Training on Your Content (Default)

We do not use Your Content to train our general-purpose generative-AI models. We may use aggregated, de-identified technical metadata to improve the Service.

7.4 No Training Using Our Outputs

You may not use the Service, your Inputs, or any Outputs to develop, train, or benchmark any competing AI or machine-learning model.

7.5 AI Disclosure Obligations

Where required by law, you are responsible for disclosing that Outputs were generated with the assistance of artificial intelligence.

8. Avatars and Voice Features

8.1 Stock Avatars and Pre-Built Voices

You may use Stock Avatars and pre-built Voice Profiles to generate Outputs for lawful purposes. You may not use them to defame, harass, imply endorsement, promote age-restricted goods, or disseminate misinformation.

8.2 Custom Avatars (Face Uploads)

You may create a Custom Avatar only from your own face image or from that of an individual who has given you express, written, informed consent. You may delete a Custom Avatar at any time.

8.3 Custom Voices (Voice Cloning)

You may create a Custom Voice only from your own voice or from the voice of an individual who has given express, written consent.

8.4 Prohibited Uses of Avatars and Voices

Regardless of consent, you may not use any Avatar or Voice Profile to:

• Impersonate any real person in a deceptive manner;
• Create sexually explicit or pornographic content;
• Create content depicting minors;
• Commit or facilitate fraud, identity theft, harassment, defamation, or election interference;
• Generate statements purporting to be made by a real person without authorization.

8.5 Your Warranties

You represent that you have the required rights and consents, and will provide Dolphin AI with proof of consent on request.

9. Acceptable Use Policy

As a condition of using the Service, you agree not to (and not to permit any third party to):

• Use the Service for any unlawful purpose or in violation of any applicable law;
• Upload, generate, or distribute content that is defamatory, abusive, harassing, sexually explicit, hateful, or discriminatory;
• Upload content that depicts, sexualizes, or endangers minors;
• Infringe any copyright, trademark, patent, or other proprietary right;
• Create non-consensual intimate imagery or deepfakes intended to deceive;
• Generate election-related misinformation or disinformation;
• Generate content that promotes terrorism, self-harm, or illegal drugs;
• Use the Service to develop a competing AI model (see Section 7.4);
• Reverse engineer, decompile, or attempt to extract source code or model weights;
• Use automated means (bots, crawlers, scrapers) to access the Service;
• Interfere with or circumvent the security or integrity of the Service;
• Introduce viruses, malware, or other harmful code;
• Resell, sublicense, or make the Service available to third parties without written consent;
• Remove or alter any proprietary notices, watermarks, or branding;
• Violate export-control, sanctions, or anti-corruption laws.

10. Subscriptions, Credits, and Payments

10.1 Plans and Pricing

We offer free and paid plans, subscription tiers, credit packs, and enterprise arrangements. All fees are exclusive of taxes except where stated otherwise.

10.2 Payment Processing

Payments are processed by our third-party payment processor. You are subject to the processor's terms of service.

10.3 Subscriptions and Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel. You may cancel at any time from your account settings or by emailing support@dolphinai.pro.

10.4 Credits

• Credits are prepaid, non-refundable, non-transferable units.
• Credits may expire as indicated at the time of purchase.
• Unused Credits are forfeited on Account cancellation or expiry.
• Admins may set per-Member credit limits.

10.5 Refunds

Except where required by law, all fees are non-refundable. You may request a refund within seven (7) days of your initial purchase, provided no Credits have been consumed.

10.6 Price Changes

We may change subscription prices. Changes take effect at the next renewal period after notification.

11. Intellectual Property

The Service, including all software, models, algorithms, documentation, and branding (excluding Your Content), is the property of Dolphin AI and its licensors and is protected by copyright, trademark, patent, and other laws.

Feedback. If you send us suggestions or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose.

12. Privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

13. Beta Features

Beta, preview, or experimental features are provided "as is" and without warranty. We may modify or discontinue beta features at any time.

14. Third-Party Services and Links

The Service may link to or integrate with third-party services. We are not responsible for third-party services or their availability.

15. Term, Suspension, and Termination

15.1 Termination by You

You may terminate these Terms at any time by closing your Account. For paid subscriptions, cancellation takes effect at the end of the current billing period.

15.2 Termination by Us

We may suspend or terminate your Account if you materially breach these Terms, create legal or security risk, have overdue payments, or if required by a competent authority.

15.3 Effect of Termination

Upon termination, your right to access the Service ends. We may delete Your Content from active systems in accordance with our Privacy Policy.

16. Disclaimers

THE SERVICE, INCLUDING ALL OUTPUTS AND AI-GENERATED CONTENT, IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, DOLPHIN AI DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY.

GENERATIVE-AI OUTPUTS ARE PROBABILISTIC AND MAY CONTAIN FACTUAL ERRORS, FABRICATED STATEMENTS, OR OTHER INACCURACIES. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING OUTPUTS BEFORE RELYING ON OR DISTRIBUTING THEM.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF DOLPHIN AI ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US DURING THE THREE (3) MONTHS PRECEDING THE EVENT, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

18. Indemnification

You will defend, indemnify, and hold harmless Dolphin AI from and against any third-party claims arising out of Your Content, your use of the Service in violation of these Terms, or your violation of another person's rights.

19. Copyright and DMCA Notices

We respect intellectual-property rights. If you believe content on the Service infringes your copyright, please send a notice to support@dolphinai.pro containing the information required by the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512).

20. Dispute Resolution and Arbitration

20.1 Informal Resolution First

Before initiating arbitration, the initiating party must send a written notice describing the dispute, the relief sought, and contact information. The parties will meet and confer within forty-five (45) days to attempt informal resolution.

20.2 Binding Arbitration

If the dispute is not resolved within sixty (60) days, either party may initiate binding arbitration administered by the American Arbitration Association (AAA). The Federal Arbitration Act governs this agreement.

20.3 Class-Action Waiver

You and Dolphin AI agree that each may bring claims only on an individual basis, and not as a plaintiff or class member in any class, collective, or representative proceeding.

20.4 30-Day Opt-Out

You may opt out of this Arbitration Agreement by emailing support@dolphinai.pro within thirty (30) days of first becoming bound by these Terms.

21. General Provisions

• Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Dolphin AI regarding the Service.
• Assignment. You may not assign or transfer these Terms without our prior written consent.
• Severability. If any provision is found unenforceable, it will be limited to the minimum extent necessary.
• No Waiver. Our failure to enforce any right or provision is not a waiver.
• Force Majeure. We are not liable for delays caused by events beyond our reasonable control.
• Electronic Communications. You consent to receive communications electronically.
• Language. These Terms are drafted in English. In the event of any inconsistency with translations, the English version prevails.

22. Contact

If you have questions about these Terms, please contact us at:

• Support: support@dolphinai.pro
• Postal address: 1257/37, 2nd & 3rd Floor, Hanto Orion Center, 14th Main St, Sector 7, HSR Layout, Bangalore South, Karnataka, India, 560102