Dear Terms & Conditions

1. Acceptance of Terms

By accessing, browsing, or using the Dear website or any related services, you agree to be bound by these Terms & Conditions (the "Terms"). If you do not agree to these Terms, you must not access or use the Service.

2. Service Description

Dear is an AI-powered digital greeting card product designed for holiday and emotional expression. Through the Service, users may upload personal photos and generate AI-created video content representing a simulated or creative "Future Me" experience (the "Generated Content").

The Service may include, without limitation:

• Uploading images or other user-provided materials
• AI-based video generation
• Downloading generated videos
• Sharing generated content through the Service or third-party platforms

Certain features rely on generative artificial intelligence models and systems operated by Tomo Labs or its partners.

3. Eligibility

You must be at least 13 years old, or the minimum legal age required in your jurisdiction, to use the Service.

If you use the Service on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization to these Terms.

4. Accounts and Responsibility

You are responsible for all activities conducted through your account or access credentials.

You agree to keep your credentials secure and not share them with others.

Tomo Labs reserves the right to suspend or terminate access if we believe you have violated these Terms or applicable law.

5. User Content and Rights

5.1 User Uploads

You retain ownership of the photos, images, and other content you upload to the Service ("User Content").

You represent and warrant that you own or have obtained all necessary rights, permissions, and consents to upload such User Content, including rights of publicity, privacy, and copyright.

5.2 AI-Generated Content

Subject to applicable law and third-party rights, you own the AI-generated videos created through your use of the Service.

You acknowledge that Generated Content is produced by artificial intelligence and does not represent factual predictions, real future outcomes, or guarantees of identity or events.

5.3 License to Tomo Labs

You grant Tomo Labs a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, display, and distribute your User Content and Generated Content solely as necessary to:

• Operate and provide the Service
• Maintain, secure, and improve functionality
• Improve model quality, safety, and performance

5.4 Sharing and Distribution

If you choose to download or share Generated Content, you acknowledge that such content may be copied, redistributed, or retained by third parties beyond Tomo Labs' control.

6. Acceptable Use

You agree not to:

• Violate any applicable laws or regulations
• Upload content that infringes the rights of others
• Use images of individuals without proper authorization
• Interfere with or disrupt the Service
• Circumvent technical limitations or safeguards
• Misrepresent AI-generated content as real, human-created, or authoritative where such misrepresentation could cause harm

Tomo Labs may remove content or restrict access for violations.

7. AI Disclosure and Responsibility

AI-generated outputs may be inaccurate, incomplete, or biased.

You are solely responsible for how you use Generated Content and for validating its suitability for any purpose.

8. Payments and Future Paid Features

The Service is currently provided free of charge.

Tomo Labs may introduce paid features, subscriptions, or premium services in the future. If paid features are introduced, pricing and applicable terms will be clearly disclosed, and your explicit consent will be required before any charges apply.

9. Third-Party Services

The Service may integrate or rely on third-party services, including hosting, AI providers, and analytics tools. Such services are governed by their own terms and policies, and Tomo Labs is not responsible for third-party actions or failures.

10. Privacy

Your use of the Service is subject to our Privacy Policy, which explains how we collect and use personal information.

11. Security

We implement reasonable administrative, technical, and organizational safeguards, but no system can be guaranteed to be completely secure.

12. Termination

You may stop using the Service at any time.

Tomo Labs may suspend or terminate your access if you violate these Terms or pose a risk to the Service or others.

13. Disclaimers

The Service is provided "as is" and "as available."

Tomo Labs disclaims all warranties, express or implied, including accuracy, reliability, fitness for a particular purpose, and non-infringement.

14. Limitation of Liability

To the maximum extent permitted by law, Tomo Labs shall not be liable for indirect, incidental, consequential, special, or punitive damages.

Our total aggregate liability shall not exceed the greater of USD $100 or the amount you paid to Tomo Labs in the twelve (12) months preceding the claim, if any.

15. Indemnification

You agree to indemnify and hold harmless Tomo Labs and its affiliates from any claims, damages, losses, and expenses arising from your content, your use of the Service, or your violation of these Terms.

16. Changes to the Service and Terms

We may modify the Service or these Terms from time to time.

If changes are material, we will provide notice as required by law.

Continued use of the Service after changes become effective constitutes acceptance.

17. Export Compliance

You agree to comply with all applicable export control and sanctions laws.

18. Governing Law and Venue

These Terms are governed by the laws of the State of California, excluding conflict-of-law rules.

19. Severability

If any provision is found unenforceable, the remaining provisions shall remain in effect.

20. Entire Agreement

These Terms constitute the entire agreement between you and Tomo Labs regarding the Service.

21. Contact

Tomo Labs, Inc.

Email: support@dear.fun

22. Minors

The Service is not intended for children under 13.

Users aged 13–17 must have parental or guardian permission.