Domes Terms and Conditions

These Terms and Conditions (these “Terms”) govern your use of the domes.ai website, any Domes demo available there, any Domi Card pages, and the Domes waitlist (together, the “Site”). The Site is operated by Aelven, Inc. (“Aelven,” “we,” “us,” or “our”), which makes Domes. By using the Site, joining the waitlist, or claiming a Domi Card, you agree to these Terms. If you do not agree, do not use the Site.

Please read Section 12 carefully. It requires you and Aelven to resolve disputes through individual arbitration and waives class actions and jury trials.

1. Eligibility. The Site is intended for users who are at least 18 years old and live in the United States. You must be at least 18 and live in the United States, and be able to form a binding contract, to join the waitlist, use any demo, or claim a Domi Card, and by doing any of those things you confirm that you meet these requirements. We may remove any waitlist entry or Domi Card that we believe does not meet them.

2. The Waitlist and Demo. Joining the waitlist is free and does not guarantee access to Domes. We will decide whether, when, and in what order to invite people, and we may change, pause, or end the waitlist at any time. If we invite you, your use of the Domes app, including any beta, will be governed by separate terms that you must accept before using the services. Your place on the waitlist is personal to you and may not be sold or transferred, and we may remove any entry that is inaccurate, duplicated, or created by automated means. Any demo of Domes on the Site is a preview for evaluation only, may change or stop working at any time, and may not reflect the final product. You grant Aelven a worldwide, royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, reproduce, modify, and create derivative works of anything you enter into a demo (“Demo Inputs”) to operate, improve, and develop the demo and our products and services, including by training and evaluating artificial intelligence models. Demo outputs may be generated by artificial intelligence and may be inaccurate, incomplete, or inappropriate, so do not rely on them. Do not enter into a demo any sensitive personal information (such as health, financial, or government identification information), any confidential information, or any information about another person that you do not have the right to share.

3. Domi Cards. If you find Domi, the AI character in our demo, you may be able to claim a digital card featuring Domi (a “Domi Card”) by entering your email address. Domi Cards are assigned at random, and claiming one also adds you to the waitlist if you are not already on it. We may limit the number of Domi Cards that any person or email address may claim. When you claim a Domi Card, we save it with your email address and create a unique web page for it (a “Card Link”). Anyone who has your Card Link can view your Domi Card, and Card Links may be indexed by search engines. Subject to these Terms, Aelven grants you a limited, non-exclusive, non-transferable, revocable, royalty-free license to download, display, and share your Domi Card and its Card Link for personal, non-commercial purposes, including by posting them on social media. You may not alter your Domi Card (other than to resize or crop it), sell it, use it in advertising, or use it in any way that suggests that Aelven sponsors or endorses you or anything else. Aelven owns all rights in Domi and Domi Cards, including their artwork. No purchase is necessary to claim a Domi Card. Domi Cards have no monetary value, may not be sold, transferred, or redeemed for cash or anything else, and do not give you priority on the waitlist or any other right or benefit. We may change, deactivate, or remove any Domi Card or Card Link, or end the Domi Card feature, at any time, and you may ask us to deactivate your Card Link by emailing hello@aelven.ai. When you post your Domi Card or Card Link on a third-party platform, that platform’s terms and privacy policy apply, and we are not responsible for what that platform or its users do with it.

5. Privacy. Our Privacy Policy, available at domes.ai/privacy explains how we collect, use, and disclose personal information through the Site.

6. Emails. By joining the waitlist (including by claiming a Domi Card), you agree that we may email you about your place on the waitlist, invitations, optional surveys, your Domi Card, and Domes, and about other Aelven products and programs. You can unsubscribe from marketing emails at any time using the link in those emails, and we may still send you messages about your waitlist entry.

7. Submissions. If you answer any survey or other questions we ask you or send us any question, comment, suggestion, idea, feedback, or other information about Domes (“Submissions”), you assign to Aelven all right, title, and interest, including all intellectual property rights, in your Submissions (and, to the extent any of those rights cannot be assigned, you grant Aelven a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to exploit them in any manner, and you waive any moral rights in them), and Aelven may use them for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. Submissions are not confidential. Our Privacy Policy governs any personal information they contain.

8. Use of the Site. You may use the Site only for lawful purposes and in accordance with these Terms. You will not use bots, scripts, or other automated means to join the waitlist, claim Domi Cards, or to collect information from the Site, submit false information (including about your age or where you live) or another person’s information without their permission, or interfere with, or try to gain unauthorized access to, the Site or its systems. You also will not reverse engineer any demo or attempt to extract the source code, models, or prompts underlying it, bypass any rate limit or other safeguard in a demo, or use the Site, any demo, or any demo output to develop a competing product or to train any artificial intelligence model.

9. Ownership. Aelven owns or licenses the Site and its content, and the Domes, Domi, and Aelven names and logos. Subject to these Terms, you may view the Site for your personal, non-commercial use and use your Domi Card as described in Section 3. We reserve all rights not expressly granted to you.

10. Disclaimers; Limitation of Liability. THE SITE (INCLUDING ANY DEMO AND ITS OUTPUTS), ANY DOMI CARD, AND THE WAITLIST ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SITE, THE WAITLIST, OR THESE TERMS, AND OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR US$100. SOME LAWS DO NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT FULLY APPLY TO YOU.

11. Indemnification. You will defend, indemnify, and hold harmless Aelven and its affiliates, officers, employees, and agents from any third-party claim, loss, or liability, including reasonable attorneys’ fees, arising out of your Submissions or anything you enter into a demo, your use of any Domi Card, your violation of law or anyone’s rights, or your breach of these Terms.

12. Dispute Resolution.

(a) Informal Negotiations. Before starting arbitration, you and Aelven agree to try to resolve any dispute, controversy, or claim arising out of or relating to the Site (including any demo and any Domi Card), the waitlist, these Terms, any Submissions, any communications from us, or our collection, use, or disclosure of your information, whether based in contract, tort, statute, or otherwise (each, a “Dispute”) informally for at least 30 days after either of us sends the other written notice. Notices to Aelven go to hello@aelven.ai. The notice must include your name, the email address associated with your waitlist entry (if any), and a description of the Dispute and the relief sought. Any applicable limitations period is tolled during this 30-day period.

(b) Binding Arbitration. If a Dispute is not resolved informally, it will be finally resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will take place in Santa Clara County, California, unless those rules or applicable law require otherwise, and may be conducted in person, through documents, by phone, or online. The Federal Arbitration Act governs this Section 12. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

(c) Individual Claims Only. Any arbitration will be limited to the Dispute between you and Aelven individually. To the full extent permitted by law, no arbitration will be joined with any other proceeding, and no Dispute may be arbitrated on a class-action basis or brought in a purported representative capacity on behalf of the general public or any other persons. If a court decides that applicable law precludes enforcement of any of these limitations as to a claim for public injunctive relief, that claim will be severed and decided by a court after the arbitration of all other claims. If a court decides that any other limitation in this Section 12(c) is unenforceable as to a Dispute, that Dispute will not be arbitrated and will instead be decided by a court under Section 12(e).

(d) Exceptions. Disputes seeking to enforce or protect, or concerning the validity of, either party’s intellectual property rights, and claims for injunctive relief relating to those Disputes, are not subject to informal negotiation or arbitration. In addition, either of us may bring an individual Dispute in small claims court if it qualifies, and it will remain there.

(e) Courts. Any Dispute that proceeds in court will be brought in the state and federal courts located in Santa Clara County, California, and you and Aelven consent to their personal jurisdiction.

13. Governing Law. These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles.

14. Changes; Termination. We may change these Terms at any time. We will post the updated Terms on the Site and update the “Last updated” date, and your continued use of the Site or the waitlist after we do means you accept them. If we make a material change to Section 12, we will also notify you by email, and the change will not apply to any Dispute of which we had notice before the change takes effect. We may deny access to the Site or remove you from the waitlist or deactivate your Domi Card at any time, for any reason. You may leave the waitlist at any time by emailing us. The Demo Inputs license in Section 2, Sections 7, 10, 11, 12, 13, and 15, and any other provision that by its nature should survive, will survive any termination of these Terms or your removal from the waitlist.

15. General; Contact. These Terms and our Privacy Policy are the entire agreement between you and Aelven about the Site, the waitlist, and Domi Cards. Our failure to enforce any provision is not a waiver. If any provision is held unenforceable, the rest will remain in effect. We may assign these Terms at any time. You may not assign these Terms without our prior written consent. Questions may be sent to hello@aelven.ai, or Aelven, Inc., 2261 Market St., STE 68334, San Francisco, CA 94114.