Terms of Service

Welcome to DDream ("DDream", "we", "us", or "our"), accessible at ddream.ai and through related applications, features, and services we may offer now or in the future (collectively, the "Services"). These Terms of Service ("Terms" or "Agreement") govern your access to and use of the Services. By accessing or using the Services, you agree to be bound by these Terms. Please read them carefully — provisions in bold and ALL CAPS materially limit our liability and your legal rights. If you do not agree, you must immediately stop using the Services.

1. Eligibility and Account

You must be at least 18 years old to use the Services. By creating an account or using the Services, you represent and warrant that you are 18 or older and have the legal capacity to enter into this Agreement. The Services are not intended for and may not be used by individuals under 18.

You are responsible for maintaining the security and confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate, current, and complete information at registration and to keep it updated. You may not share, sell, transfer, or sublicense your account.

If you use the Services on behalf of an organization, you represent that you are authorized to bind that organization, and "you" includes both you individually and that organization.

2. Changes to These Terms and the Services

We may modify these Terms at any time, in our sole discretion, to reflect changes in our practices, technology, legal requirements, or business operations. We will update the "Last Updated" date and may notify you by email or in-product notice for material changes. Your continued use of the Services after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Services.

We may add, modify, suspend, discontinue, or restrict any feature of the Services at any time without notice and without liability to you. We are under no obligation to maintain backward compatibility, preserve historical content, or provide migration tools.

3. Acceptable Use

You agree to use the Services only for lawful purposes and in compliance with these Terms and all applicable laws, including U.S. export control and sanctions laws. You will not, and will not permit any third party to:

• Generate, upload, or distribute content that is illegal, infringing, defamatory, harassing, deceptive, sexually explicit involving minors, violent toward identifiable individuals, or that promotes self-harm, terrorism, or unlawful discrimination;
• Generate or distribute content that depicts real, identifiable individuals (including public figures) in a false, defamatory, sexually explicit, or harassing manner, or that creates non-consensual intimate imagery;
• Use the Services to make automated decisions affecting an individual's legal rights, employment, credit, housing, insurance, healthcare, education, or other significant interests;
• Use the Services to provide medical, legal, financial, psychological, or other professional advice to third parties;
• Reverse engineer, decompile, disassemble, scrape, mirror, or attempt to derive the source code, models, weights, training data, or underlying architecture of the Services;
• Use any robot, spider, crawler, or other automated means to access the Services or extract data, except for publicly documented APIs we expressly authorize;
• Resell, sublicense, or commercially redistribute the Services or generated outputs as a competing service;
• Bypass, disable, or interfere with security, rate-limiting, content moderation, or access-control features;
• Upload malware, viruses, or any code intended to damage or interfere with the Services;
• Use the Services in any country or to benefit any party subject to U.S. sanctions (including OFAC SDN list);
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.

We may, in our sole discretion and without notice, remove any content, suspend or terminate any account, and refuse service to anyone for any reason or no reason.

4. Content and License

4.1 Your Content. "Input" means anything you submit to the Services (prompts, uploaded images, references, instructions). "Output" means content the Services generate in response to your Input. "Your Content" means Input and Output together.

4.2 Ownership. As between you and DDream, and subject to your compliance with these Terms, you retain ownership of your Input and own the Output you generate, to the extent such Output is capable of ownership under applicable law. You acknowledge that AI-generated outputs may not be eligible for copyright or other intellectual property protection in some jurisdictions and that you assume all risk regarding the legal status, ownership, and enforceability of any rights in Output.

4.3 License to DDream. You grant DDream and its affiliates, contractors, service providers, and successors a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to host, store, reproduce, modify, create derivative works from, publicly display, publicly perform, distribute, and otherwise use Your Content for any of the following purposes:

• Operating, providing, securing, maintaining, and improving the Services;
• Training, fine-tuning, evaluating, and improving our and our service providers' machine learning models and systems (you may opt out of training only where applicable law requires us to offer that option);
• Developing new products, features, and services;
• Promoting, marketing, and demonstrating the Services, including in case studies, public galleries, and advertising (we will not associate publicly displayed Output with your real name without your consent);
• Complying with law and enforcing these Terms.

4.4 Your Representations. You represent and warrant that (a) you own or have all necessary rights, licenses, consents, and permissions in Your Content to grant the rights above; (b) Your Content and your use of the Services do not and will not infringe, misappropriate, or violate any third party's intellectual property, privacy, publicity, contract, or other rights; (c) Your Content does not require DDream to obtain additional licenses or pay royalties to any third party; and (d) you have all rights and consents required to upload images of any identifiable individual, including any biometric or facial-recognition consents required by law.

4.5 Generated Output Disclaimer. AI systems are probabilistic and imperfect. Output may be inaccurate, biased, offensive, infringing of third-party rights, or otherwise unsuitable for your purposes. You are solely responsible for reviewing, evaluating, and verifying any Output before using or distributing it. Output does not represent the views, opinions, or endorsements of DDream and does not constitute professional advice of any kind.

5. Paid Services, Credits, and Refunds

Certain Services require payment ("Paid Services"). Pricing, features, and billing terms for each plan or credit pack are described on the relevant purchase page and may change at any time. We may add, modify, or discontinue plans, credits, or pricing structures at our sole discretion. Changes will not retroactively reduce credits validly issued to you before the effective date of the change.

Subscriptions automatically renew at the end of each billing cycle until you cancel through your account settings or applicable app-store subscription manager. By subscribing, you authorize us (and our payment processors) to charge your payment method on each renewal until cancellation.

5.1 No Refunds. ALL PURCHASES OF PAID SERVICES, CREDITS, AND SUBSCRIPTIONS ARE FINAL AND NON-REFUNDABLE, INCLUDING FOR UNUSED CREDITS, PARTIAL BILLING PERIODS, AND ACCOUNT SUSPENSION OR TERMINATION FOR ANY REASON. This Section does not limit any non-waivable refund rights you have under mandatory consumer-protection laws of your jurisdiction.

5.2 Credits. Credits are a limited, non-transferable, non-exchangeable license to use Paid Services. Credits have no cash value, do not constitute property, do not earn interest, and may expire as stated at the time of purchase. Failed generations may, at our discretion, be refunded as credits — never as cash.

5.3 Taxes. Prices are exclusive of taxes unless stated otherwise. You are responsible for all applicable sales, use, value-added, withholding, and similar taxes.

6. Suspension and Termination

We may suspend, restrict, or terminate your access to the Services or any part of them, with or without notice, at any time and for any reason or no reason, including for violation of these Terms, suspected fraud, non-payment, legal request, or technical or security concern. Upon termination, your license to the Services ends immediately.

We have no obligation to retain, export, or return Your Content after termination, and Your Content may be deleted permanently. You are responsible for backing up any content you wish to preserve. Sections that by their nature should survive termination (including 4.3, 4.4, 4.5, 5.1, 7, 8, 9, 10, 11, and 12) survive.

7. Third-Party Services

The Services rely on third-party providers, including image-generation models from OpenAI, Google, and other providers. Your use of those underlying services is subject to their own terms and policies. We are not responsible for, and expressly disclaim all liability arising from, any third-party service, including the availability, accuracy, content, output, or actions of any third-party model or platform. Any dispute you may have with a third party is solely between you and that third party.

8. Intellectual Property and Copyright

The Services, including all software, models, designs, branding, and content we provide (excluding Your Content), are owned by DDream or our licensors and protected by intellectual property laws. We reserve all rights not expressly granted to you.

If you believe content available through the Services infringes your copyright, please send a notice to our contact page with: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and its location; (d) your contact information; (e) a statement of good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the rights owner. We may, in our sole discretion, terminate the accounts of repeat infringers.

9. Disclaimer of Warranties

THE SERVICES, INCLUDING ALL CONTENT, MODELS, FEATURES, AND OUTPUT, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DDREAM AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY OUTPUT WILL BE ACCURATE, RELIABLE, NON-INFRINGING, OR SUITABLE FOR ANY PURPOSE. YOU USE THE SERVICES AT YOUR SOLE RISK.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DDREAM, ITS AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, REPUTATION, BUSINESS, OR OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, FOR ALL CLAIMS COMBINED, WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE TOTAL AMOUNT YOU PAID DDREAM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, BUT IN NO EVENT MORE THAN ONE THOUSAND U.S. DOLLARS ($1,000). MULTIPLE CLAIMS DO NOT EXPAND THIS CAP.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS DDREAM AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATED TO: (A) YOUR INPUT, OUTPUT, OR OTHER USE OF THE SERVICES; (B) YOUR VIOLATION OF THESE TERMS OR APPLICABLE LAW; (C) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING INTELLECTUAL PROPERTY, PRIVACY, PUBLICITY, OR CONTRACTUAL RIGHTS; OR (D) ANY MISREPRESENTATION YOU MAKE.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

12. Dispute Resolution; Arbitration; Class Waiver

Read this section carefully. It affects your legal rights.

12.1 Informal Resolution. Before filing any formal claim, you agree to first contact us at our contact page with a written description of the dispute and to negotiate in good faith for at least sixty (60) days.

12.2 Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved informally will be resolved exclusively by final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules then in effect. The arbitration will take place in San Francisco, California, or by telephone or video at the arbitrator's discretion. The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction. Each party will bear its own fees and costs except as required by the JAMS rules.

12.3 Class Action and Jury Waiver. YOU AND DDREAM EACH WAIVE ANY RIGHT TO A TRIAL BY JURY AND AGREE THAT ALL DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS PROCEEDING. IF THIS CLASS WAIVER IS FOUND UNENFORCEABLE, THE ENTIRE ARBITRATION CLAUSE IN SECTION 12.2 WILL BE NULL AND VOID, BUT THE REST OF THESE TERMS REMAIN IN EFFECT.

12.4 Carve-Outs. Either party may bring an individual action in small-claims court for disputes within that court's jurisdiction, and either party may seek injunctive or equitable relief in court for actual or threatened infringement, misappropriation, or violation of intellectual property rights.

12.5 Governing Law and Venue. These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. To the extent a dispute is not subject to arbitration, you and DDream agree to the exclusive personal jurisdiction and venue of the state and federal courts located in San Francisco County, California.

12.6 Time Limit. Any claim must be brought within one (1) year after the cause of action accrues; otherwise, it is permanently barred.

13. Force Majeure

We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, pandemic, internet or utility outages, third-party service failures, or AI-provider downtime.

14. General

14.1 Entire Agreement. These Terms, together with our Privacy Policy and any additional terms we present at the point of use, constitute the entire agreement between you and DDream and supersede all prior agreements.

14.2 Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.

14.3 No Waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.

14.4 Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. Any attempted assignment in violation of this Section is void. We may assign these Terms freely, including in connection with a merger, acquisition, financing, sale of assets, or operation of law.

14.5 No Agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and DDream.

14.6 Notices and Electronic Communications. You consent to receive communications from us electronically, including by email or in-product notice, and agree that all such communications satisfy any legal requirement that they be in writing. Notices to us must be sent to our contact page.

14.7 Export Compliance. You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo and that you are not on any U.S. government list of prohibited or restricted parties.

14.8 Headings. Section headings are for convenience only and do not affect interpretation.

15. Contact

Questions about these Terms? Reach us via our contact page.

DDream — California, USA