Daybloom Terms of Service

Last updated: September 2025

Welcome to Daybloom. These Terms of Service ("Terms") are a binding agreement between Agency42, LLC, operating as Daybloom ("Daybloom," "we," "us," or "our") and you ("you" or "User"). They govern your access to and use of Daybloom's platform, tools, APIs, websites, and services that enable creation and operation of AI "digital minds," characters, and social agents (collectively, the "Services").

By creating an account, accessing, or using the Services, you agree to these Terms and our Privacy Policy (collectively, the "Agreement"). If you use the Services on behalf of a company, you represent that you are authorized to bind that company to the Agreement.

1) The Services; Accounts

1.1 Description.

Daybloom provides software to design, deploy, and manage AI agents that can generate content, interact with users, and integrate with third-party platforms (e.g., X/Twitter).

1.2 Eligibility.

You must be at least 18 (or the age of majority where you live).

1.3 Account Security.

Keep credentials confidential. You are responsible for all activity under your account, including any agents you create or connect.

2) Your Content & Rights

2.1 Your Content.

"User Content" means prompts, data, datasets, instructions, messages, media, character/agent profiles, training materials, and outputs you upload or cause to be processed by the Services.

2.2 License to Daybloom.

You grant Daybloom a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and otherwise use User Content solely to provide and improve the Services (including safety, debugging, analytics, and quality). We do not claim ownership of your User Content.

2.3 Outputs.

Subject to Section 5 (IP/Likeness/Impersonation) and any third-party rights, you own your per-account outputs as between you and Daybloom. You are solely responsible for how outputs are used or published (e.g., posting to social accounts).

2.4 Feedback.

If you give us feedback, suggestions, or ideas, you grant us a free, perpetual license to use them without restriction or obligation.

3) Daybloom IP

The Services, software, models, interfaces, documentation, and all related IP are owned by Daybloom and its licensors. Except for the rights expressly granted to you, Daybloom retains all rights, title, and interest in the Services. No joint ownership or implied rights are granted.

4) License & Acceptable Use

4.1 License.

Subject to these Terms, Daybloom grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business or creative purposes.

4.2 Acceptable Use.

You will not:

  • Violate laws, rights of others, or platform rules (e.g., X/Twitter Policies).
  • Upload or use content you don't have rights to (including voice, likeness, brand assets).
  • Impersonate a person or entity without express, verifiable authorization (see §5).
  • Generate illegal, harmful, discriminatory, or misleading content (including undisclosed synthetic media where disclosures are required).
  • Attempt to extract source, reverse engineer, or circumvent Service limitations; scrape or overload the Services.
  • Interfere with system integrity, security, or other users' use.

We may suspend or terminate accounts/agents for violations.

5) Intellectual Property, Likeness, & Impersonation

5.1 You Must Have Rights.

If your agent references or embodies a person (living or deceased), brand, character, catalog, or copyrighted materials, you must have all necessary rights, licenses, consents, and approvals (including right of publicity, trademark, and copyright) to use that IP in the manner you direct the Services.

5.2 Representation & Warranty.

You represent and warrant that you own or have obtained all such rights and will maintain records of that authorization.

5.3 Label/Artist/Partner Terms.

If you are a label, artist, or partner, you are responsible for ensuring that your internal/third-party agreements permit such usage (including derivative works, synthetic voices, and persona simulation).

5.4 Impersonation & Synthetic Media Disclosures.

Where required by law or platform policy, you agree to prominently disclose that content is synthetic or AI-generated and to avoid misleading audiences about a person's actual involvement or endorsement.

5.5 Takedowns.

Daybloom may remove or disable agents, content, or integrations on receipt of credible complaints, court orders, or platform demands.

6) Third-Party Platforms & Integrations

6.1 Your Accounts.

You may connect third-party accounts (e.g., X/Twitter). You authorize Daybloom to act on your behalf within permissions you grant (e.g., post, read, reply). You remain responsible for those accounts and their compliance with third-party terms.

6.2 Platform Rules Prevail.

If a platform's policy conflicts with these Terms, that platform's policy controls your use in that environment.

6.3 Costs & Rate Limits.

You are responsible for fees, rate limits, and consequences of actions taken by your agents via those platforms.

7) Plans, Credits, Billing, & Refunds

7.1 Plans & Credits.

Some features require paid plans and/or usage credits (compute, model calls, storage, etc.). Plan limits, unit prices, and overage rates are shown at purchase or in your dashboard.

7.2 Billing.

You authorize Daybloom (and its processors) to charge your chosen payment method for recurring subscriptions, usage, taxes, and overages. All fees are non-refundable unless required by law or expressly stated otherwise.

7.3 Changes.

We may change pricing, plans, or credit policies prospectively with notice.

7.4 Non-Payment.

We may suspend or limit the Services for unpaid amounts.

8) Safety; Beta Features

8.1 Safety Systems.

We may apply content filters, rate limits, or blocks to improve safety and platform health.

8.2 Beta/Experimental.

Some features are alpha/beta and provided "as is," may be unstable, and may change or end without notice. Use at your discretion.

9) Privacy; Data

9.1 Privacy Policy.

Our Privacy Policy explains how we collect, use, and share information. By using the Services, you consent to those practices.

9.2 Data Usage.

We may analyze usage and metadata (not your private training assets marked "no-train") to operate, secure, and improve the Services.

9.3 Data Residency/Exports.

You are responsible for any data localization or export compliance applicable to your use.

10) Copyright Complaints

If you believe content on the Services infringes your copyright, please email details of the alleged infringement to [email protected].

We will review your complaint and may remove or disable the material. We may also terminate repeat infringers.

11) Disclaimers

THE SERVICES (INCLUDING ALL AI OUTPUTS) ARE PROVIDED "AS IS" AND "AS AVAILABLE." DAYBLOOM AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THAT OUTPUTS WILL BE ACCURATE, ERROR-FREE, OR SUITABLE FOR A PARTICULAR USE. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING, EDITING, AND APPROVING ANY OUTPUT BEFORE USE OR PUBLICATION.

12) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAYBLOOM AND ITS AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, GOODWILL, OR DATA; OR PLATFORM/THIRD-PARTY ACTIONS. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO DAYBLOOM IN THE 3 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions don't allow certain limitations; in those cases, the limitation applies to the fullest extent permitted.

13) Indemnification

You are responsible for your use of the Services and agree to cover any costs or damages that result from: (a) your content or outputs; (b) your violation of these Terms; or (c) your violation of any third-party rights.

14) Termination; Suspension

You may stop using the Services at any time. We may suspend or terminate your access immediately for violations, risk, non-payment, unlawful conduct, or to comply with law or platform demands. Upon termination, your license ends and you must cease use; sections intended to survive will do so (including §§2–3, 5, 7, 9–15).

15) Dispute Resolution; Governing Law

15.1 Governing Law.

This Agreement is governed by the laws of the State of Delaware, excluding conflicts of law rules.

15.2 Disputes.

Any disputes arising from or relating to this Agreement will be resolved in the state or federal courts located in Delaware. The parties consent to the personal jurisdiction and venue of those courts.

16) Changes to the Terms

We may update these Terms from time to time. Material changes will be notified (e.g., in-app or email). Updates apply prospectively. Continued use after the effective date constitutes acceptance.

17) General

If any provision is unenforceable, the remainder remains in effect. You may not assign this Agreement without our consent; we may assign to an affiliate or acquirer. No waiver is effective unless in writing. This Agreement is the entire agreement between you and Daybloom regarding the Services.

Contact

Agency42, LLC

Email: [email protected]

Website: daybloom.ai