Terms of Service

Welcome, and thank you for your interest in Angelo Lamonaca (sole proprietorship), operating as Dafumi ("Dafumi," "we," "us," or "our") and our website at https://dafumi.com, along with our related applications and services (collectively, the "Service"). These Terms of Service ("Terms") are a legally binding contract between you and Angelo Lamonaca regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THESE TERMS AND OUR Privacy Policy(TOGETHER, THESE "TERMS"). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE.

ARBITRATION NOTICE. EXCEPT FOR CERTAIN KINDS OF DISPUTES DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW, YOU AGREE THAT DISPUTES ARISING UNDER THESE TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND BY ACCEPTING THESE TERMS, YOU AND ANGELO LAMONACA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Service overview

Dafumi is a platform for creating, sharing, and streaming AI-assisted anime-style series. Users may design characters, generate shots and episodes, publish series, and monetize access. The Service uses third-party AI systems to generate images, video, and related media from user prompts and inputs.

Eligibility

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and use of the Service complies with all applicable laws and regulations. If you are an entity, the individual accepting these Terms represents that they have authority to bind you.

The Service is intended primarily for users in the United States. We do not geoblock access by country, but we make no representation that the Service is appropriate or available for use in every jurisdiction. You access the Service on your own initiative and are solely responsible for compliance with local law.

Accounts

To access most features, you must register for an account. You agree to provide accurate information and keep it up to date. You are solely responsible for maintaining the confidentiality of your account and for all activity under your account. Notify us immediately at support@dafumi.com if you believe your account is no longer secure.

Additional terms

Your use of the Service is also subject to our Community Guidelines, DMCA Policy, and any other policies we post on or link from the Service (collectively, "Additional Terms"). All Additional Terms are incorporated into these Terms by reference.

User content

Generally

Certain features permit users to submit, upload, publish, broadcast, or otherwise make available ("Post") content to the Service, including prompts, character designs, reference images, generated shots, episodes, series metadata, comments, and other works ("User Content"). You retain any copyright and other proprietary rights you may hold in User Content you Post, subject to the licenses granted in these Terms.

License to Dafumi

By Posting User Content to or via the Service, you grant Dafumi a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform, communicate to the public, reproduce, modify for formatting purposes, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed, as needed to operate, promote, and improve the Service.

If you make User Content public, you grant each user a license to access and view that User Content through the Service as you designate. If you set User Content as private, we will use commercially reasonable measures designed to keep it confidential, subject to our rights under these Terms and our Privacy Policy.

Representations and warranties

You must not Post User Content if you are not the owner of, or fully authorized to grant rights in, all elements of that User Content.Dafumi disclaims any and all liability in connection with User Content. You are solely responsible for (i) your User Content and the consequences of Posting it, and (ii) all license terms related to User Content. By Posting User Content, you affirm, represent, and warrant that:

• you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Dafumi and users in the manner contemplated by these Terms;
• your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not infringe, violate, misappropriate, or otherwise breach any third-party right, including copyright, trademark, patent, trade secret, moral right, privacy, publicity, or other proprietary right; slander, defame, or invade the privacy or publicity rights of any person; or cause Dafumi to violate any law or pay royalties, fees, or other amounts to third parties; and
• your User Content could not be deemed by a reasonable person to be illegal, objectionable, or in violation of our Community Guidelines.

User content disclaimer

We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. Dafumi may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Dafumi with respect to User Content.

Content moderation

Dafumi does not control and has no obligation to monitor User Content or third-party content on the Service. We may monitor or moderate content at our discretion for operational, legal, or safety reasons. Even when we do, we assume no responsibility for User Content and no liability for any loss resulting from its use. We may block, filter, mute, remove, or disable access to any User Content without liability to the posting user or any other user. We may report illegal content to authorities and cooperate with law enforcement.

Report violations to abuse@dafumi.com. Appeals may be sent to support@dafumi.com.

AI-generated content

Output generated through the Service is produced by automated systems based on your inputs. Such output may be inaccurate, inconsistent, unexpected, offensive, or similar to third-party works. You are solely responsible for reviewing, using, publishing, and streaming AI-generated output. We do not warrant that generated content is original, non-infringing, suitable for any purpose, or free of errors. You must not rely on the Service for legal, medical, financial, or other professional advice.

Prohibited conduct

By using the Service, you agree not to:

• use the Service for any illegal purpose or in violation of any law;
• Post User Content prohibited by our Community Guidelines;
• harass, threaten, demean, embarrass, bully, or otherwise harm any user;
• infringe or misappropriate any third-party intellectual property or other right;
• access the Service through unauthorized automated means (bots, scrapers, crawlers) except as we expressly authorize;
• interfere with security or operation of the Service, including distributing malware or attempting unauthorized access;
• impersonate any person or entity or misrepresent your affiliation;
• use the Service to train competing models without our written permission; or
• assist or permit any person to engage in the foregoing.

Creator monetization

If you offer paid memberships or other monetized access, additional payment, tax, and payout terms may apply. You are solely responsible for reporting and paying taxes on your earnings. We may withhold payouts when required by law or to investigate suspected fraud or policy violations.

Intellectual property

The Service, including its software, branding, and design (excluding User Content), is owned by Angelo Lamonaca or its licensors. Except as expressly authorized, you may not copy, modify, distribute, or create derivative works of the Service.

If you believe content on the Service infringes your copyright, see our DMCA Policy.

Feedback

If you provide suggestions or feedback about the Service ("Feedback"), you grant Dafumi an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free license to use the Feedback for any purpose without attribution or compensation.

Termination

You may stop using the Service at any time. We may suspend or terminate your access at any time, with or without notice, for any reason, including violation of these Terms, without liability to you. Upon termination, you must cease use of the Service. You are solely responsible for retaining copies of User Content you wish to keep. If your account is terminated for breach, you may not create a new account without our permission. Provisions that by their nature should survive termination will survive, including User Content licenses, disclaimers, indemnification, limitation of liability, and dispute resolution.

Indemnification

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Angelo Lamonaca, Angelo Lamonaca, and our affiliates, suppliers, and service providers (together, the "Dafumi Parties") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with:

1. your unauthorized use of, or misuse of, the Service, including User Content of other users;
2. your User Content or any AI-generated output you publish or stream;
3. your violation of any portion of these Terms or applicable law;
4. your violation of any third-party right, including intellectual property, privacy, or publicity rights; or
5. any dispute or issue between you and any third party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense.

Disclaimers

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. THE DAFUMI PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT USER CONTENT OR AI-GENERATED OUTPUT WILL BE ACCURATE OR NON-INFRINGING.

NO ADVICE OR INFORMATION OBTAINED FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU USE THE SERVICE AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE FROM YOUR USE OF THE SERVICE OR YOUR DEALINGS WITH OTHER USERS.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE DAFUMI PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, USER CONTENT, AI-GENERATED OUTPUT, OR THIRD-PARTY SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE DAFUMI PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO US FOR ACCESS TO THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM; OR (B) US$100.

EACH PROVISION THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO ALLOCATE RISKS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.

Dispute resolution and arbitration

Generally

Except as described in Exceptions below, you and Angelo Lamonaca agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than court, and is subject to very limited court review. This agreement includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.

Exceptions

Nothing in these Terms limits the right of either party to:

• bring an individual action in small claims court;
• pursue an enforcement action through a government agency;
• seek injunctive relief in court in aid of arbitration; or
• file suit to address an intellectual property infringement claim.

Opt-out

If you do not wish to resolve disputes by binding arbitration, you may opt out within 30 days after you first agree to these Terms by sending a letter to Angelo Lamonaca, Attention: Arbitration Opt-Out, Am Rainbach 22, 6340 Baar, Zug, Switzerland, or email to legal@dafumi.com, specifying your full legal name, the email associated with your account, and a statement that you wish to opt out of arbitration.

Arbitrator and rules

This arbitration agreement is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. AAA rules are available at adr.org.

No class actions

YOU AND ANGELO LAMONACA 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. The arbitrator may not consolidate claims or preside over any class proceeding.

Governing law for disputes

These Terms are governed by the laws of Switzerland, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs arbitration. If arbitration does not apply, subject to mandatory consumer law, the exclusive place of jurisdiction is the ordinary courts of the Canton of Zug, Switzerland.

International use

The Service is hosted in the United States and intended primarily for users in the United States. We make no representation that the Service is appropriate or available for use outside your jurisdiction. Access from territories where such access is illegal is prohibited. You are responsible for compliance with local law.

Changes

We may modify these Terms from time to time. Material revisions may be effective 30 days after posting or notice. If you do not agree to modified Terms, you should stop using the Service and remove your User Content. Continued use after changes become effective constitutes acceptance.

Contact

The Service is offered by Angelo Lamonaca (sole proprietorship), operating as Dafumi.