Terms of Service

Last updated: April 2026 | Effective: May 1, 2026

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between AUS2001 LLC, 30 N Gould St Ste R, Sheridan, WY 82801, USA ("Dalye," "we," "us," "our") and you ("User," "you," "your") governing your access to and use of the Dalye.com platform, mobile applications, APIs, and all related services (collectively, the "Services").

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES. For EU and UK consumers, mandatory consumer protection laws of your country of residence apply in addition to these Terms and are not diminished by them.

2. Definitions

  • "Content" means all videos, images, text, comments, listings, and other materials uploaded or published by users.
  • "User Content" means Content that you submit, post, or transmit through the Services.
  • "Services" means the Dalye.com platform, mobile apps, APIs, and all associated services.
  • "Account" means your registered user account on the Services.
  • "Prohibited Content" means Content that violates Section 4 of these Terms.

3. Account Registration & Security

Certain features require an Account. You agree to provide accurate, complete, and current information. You are solely responsible for all activity under your Account and for maintaining the confidentiality of your credentials. Dalye shall not be liable for any loss arising from unauthorized use of your Account. You must immediately notify us of any unauthorized access ati[at]dalye[dot]com.

The Services are not intended for persons under 13 years of age (or the applicable age of digital consent in your jurisdiction). By creating an Account, you represent and warrant that you meet the minimum age requirement.

4. User Obligations & Prohibited Content

You agree to use the Services only for lawful purposes. You must not upload, post, or transmit:

  • Hate speech, discrimination, glorification of violence, or extremist content
  • Sexual exploitation or abuse of minors (immediately reported to NCMEC and law enforcement)
  • Content infringing copyright, trademark, patent, or personality rights of third parties
  • Spam, phishing, malware, or any form of fraud
  • Pornographic or age-restricted content without verified age gating
  • Deliberate disinformation proven to cause public harm
  • Unauthorized system access, reverse engineering, or scraping of the platform
  • Terrorist, radicalization-promoting, or security-endangering content
  • Doxxing, stalking, harassment, or threats toward any person
  • Automated access to the Services without our express written permission

5. User Content License

By submitting User Content, you grant Dalye a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, publicly perform, publicly display, modify, and create derivative works of your User Content, solely for the purpose of operating, marketing, improving, and expanding the Services.

This license includes the right to display your Content on the platform, include it in search results and recommendations, and use it in thumbnails, previews, and promotional materials. You retain all ownership rights in your User Content. This license terminates when you delete the Content or close your Account, except where Content has been shared with or accessed by other users prior to deletion.

You represent and warrant that: (a) you own or have all necessary rights to grant this license; (b) your User Content does not violate any third-party rights; and (c) you have all required consents from persons depicted in your Content. You agree to indemnify Dalye for any breach of these warranties.

6. Reporting & Moderation (DSA Art. 16)

You may report illegal or violating content via the "Report" button on any piece of content or by emailing i[at]dalye[dot]com. We review reports promptly and notify reporters of actions taken. Users affected by moderation decisions receive a statement of reasons and may appeal within 6 months at i[at]dalye[dot]com.

7. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

DALYE DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) ANY CONTENT IS ACCURATE, COMPLETE, OR RELIABLE; (C) THE SERVICES WILL MEET YOUR REQUIREMENTS; (D) ANY DEFECTS WILL BE CORRECTED; OR (E) THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR HARMFUL COMPONENTS.

Note for EU/UK consumers: This disclaimer applies only to the extent permitted by applicable consumer law. Statutory consumer rights are not affected.

8. Limitation of Liability

8.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DALYE'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED US DOLLARS ($100.00 USD), OR (B) THE TOTAL AMOUNT YOU PAID TO DALYE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

8.2 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DALYE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.3 Essential Basis of the Bargain

YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN DALYE AND YOU. DALYE WOULD NOT HAVE ENTERED INTO THESE TERMS WITHOUT THESE LIMITATIONS.

Exceptions: Nothing in this section limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by applicable law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Dalye, AUS2001 LLC, and their respective officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

  • Your access to or use of the Services
  • Your User Content or any content you submit, post, or transmit
  • Your violation of these Terms or any applicable law or regulation
  • Your infringement of any third-party rights, including intellectual property rights
  • Any misrepresentation you make in connection with the Services
  • Your negligence or intentional misconduct

Dalye reserves the right to assume exclusive control of any matter subject to indemnification by you, at your expense. You agree to cooperate fully with Dalye's defense of such claims. This indemnification obligation survives termination of your Account and these Terms.

10. Right to Suspend & Terminate

Dalye reserves the right, in its sole and absolute discretion, without notice or liability, to: (a) suspend or terminate your Account or access to the Services; (b) remove, restrict, or modify any User Content; (c) discontinue any feature or aspect of the Services — for any reason or no reason, including without limitation violation of these Terms, technical requirements, security concerns, legal obligations, or business reasons.

Upon termination, your right to access the Services immediately ceases. Provisions of these Terms that by their nature should survive termination shall survive, including Sections 5, 7, 8, 9, 11, 12, and 13.

For EU/UK users: Moderation decisions will be accompanied by a statement of reasons and are subject to appeal per DSA Art. 17 and UK OSA requirements.

11. Copyright & DMCA Policy

Dalye respects intellectual property rights. If you believe your copyright is being infringed on Dalye.com, please submit a DMCA-compliant notice to i[at]dalye[dot]com. See our fullDMCA Policy for details. Users who repeatedly infringe copyrights will have their accounts permanently terminated.

12. Dispute Resolution & Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS

12.1 Mandatory Arbitration (US Users): For users in the United States, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court. The arbitration shall take place in Sheridan, Wyoming, or via video conference.

12.2 Class Action Waiver: YOU AND DALYE 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, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. If this waiver is found unenforceable, the arbitration clause shall be severed.

12.3 Jury Trial Waiver (US): FOR ANY CLAIMS NOT SUBJECT TO ARBITRATION, YOU AND DALYE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

12.4 Small Claims Exception: Either party may pursue a claim in small claims court for disputes within that court's jurisdiction.

EU/UK users: The arbitration clause and class action waiver do not apply to EU or UK consumers, for whom mandatory local dispute resolution rights prevail. EU consumers may use the Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

13. Force Majeure

Dalye shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, network outages, cyberattacks, governmental actions, or third-party failures.

14. Governing Law

These Terms shall be governed by the laws of the State of Wyoming, USA, without regard to conflict of law principles. For EU consumers, the mandatory consumer protection laws of your country of residence apply in addition to Wyoming law.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated at least 30 days before taking effect via email or in-app notification. Your continued use of the Services after the effective date constitutes acceptance. For EU/UK consumers: we will inform you of your right to object.

16. General Provisions

Severability: If any provision of these Terms is held unenforceable, the remaining provisions remain in full force. Entire Agreement: These Terms, together with our Privacy Policy, Cookie Policy, and Community Guidelines, constitute the entire agreement between you and Dalye regarding the Services. No Waiver: Dalye's failure to enforce any right does not constitute a waiver. Assignment: You may not assign your rights under these Terms. Dalye may assign its rights without restriction.

Contact: i[at]dalye[dot]com | AUS2001 LLC, 30 N Gould St Ste R, Sheridan, WY 82801, USA