DripLit Terms of Service

Last Updated: April 26, 2025

Welcome to DripLit! These Terms of Service ("Terms") govern your use of the DripLit mobile application ("App" or "Service") provided by Mighty Creamery, LLC ("Mighty Creamery," "we," "us," or "our"), a Nevada limited liability company.

IMPORTANT: By creating an account, accessing, or using the Service in any way, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must immediately cease all use of the Service.

ARBITRATION NOTICE: Section 9 of these Terms contains a mandatory arbitration provision and class action waiver. Except for certain types of disputes mentioned therein, you agree that disputes between you and Mighty Creamery will be resolved by binding, individual arbitration, and you waive your right to participate in a class action lawsuit or class-wide arbitration.

1. Introduction & Eligibility

DripLit offers personalized AI styling and image generation capabilities. These Terms constitute a legally binding agreement between you and Mighty Creamery.

Age Requirement: You must be at least 18 years old (or the age of legal majority in your jurisdiction, if higher) to create an account and use the Service. By using DripLit, you represent and warrant that you meet this age requirement and have the full right, power, and authority to enter into and comply with these Terms. The Service is not designed for or directed at individuals under the age of 18.

If you use DripLit on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In such case, "you" and "your" will refer to that entity.

2. User Accounts & Paid Services (Subscriptions & Credits via Apple)

Account Responsibility: You need an account for most features. You agree to provide accurate information and keep it updated. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account. You must notify us immediately at support@driplit.com of any suspected unauthorized access or security breach.

Apple App Store Payments: Access to certain premium features, functionalities, or usage allowances within the Service requires ongoing subscriptions or the purchase of usage credits ("Credits").

• All financial transactions for subscriptions and Credits are processed exclusively through Apple's In-App Purchase system. Your purchases will be subject to Apple's applicable payment terms and conditions, including the Apple Media Services Terms and Conditions.
• Mighty Creamery does not collect or store your credit card information. Transaction details are handled by Apple.

Subscriptions: Subscriptions provide access to specified features or Credit allotments for a set period (e.g., monthly).

• Subscriptions automatically renew for the same duration unless you cancel them through your Apple account settings at least 24 hours before the current period ends.
• You are responsible for managing your subscriptions directly via your Apple ID account settings.

Credits: Credits are units used to perform specific actions within the App, such as generating images.

• Credits obtained via a subscription typically expire at the end of each subscription period (e.g., monthly) and do not roll over to the subsequent period.
• Credits purchased separately from a subscription do not expire, but they require an active subscription to use. If your subscription lapses, you will lose access to use these Credits until you reactivate a subscription.
• Expired Credits are forfeited and have no cash or monetary value. Credits are non-transferable.

Pricing: Pricing for subscriptions and Credits is displayed within the App via the Apple App Store interface and is subject to change at our discretion (with changes applying to future purchases or renewals).

Refunds: All purchases made through the Apple App Store are final and governed by Apple's refund policies. Mighty Creamery does not control and cannot issue refunds for transactions processed by Apple. If you believe you are entitled to a refund under applicable law or Apple's policies, you must contact Apple Support directly to request one.

Account Termination & Forfeiture: If we terminate your account for a violation of these Terms (see Section 8), you will lose access to the Service, and you will forfeit any remaining subscription time and any unused Credits associated with your account, without refund or compensation, except where expressly required by applicable law or Apple's mandatory policies.

Account Deletion and Purchases: Credits, subscriptions, and other purchases are tied to your individual user account and are non-transferable. Upon account deletion, all associated Credits, subscription access, and User Content will be permanently deleted and cannot be recovered. Deleting your DripLit account does not automatically cancel any active Apple subscriptions. You remain responsible for canceling subscriptions separately through your Apple ID settings to avoid future charges.

3. User Content, AI Models & Licenses

Definitions:

• "Uploads" means the photographs and images you voluntarily provide to the Service.
• "Outputs" means the AI-generated images, text, or other content produced by the Service based on your Uploads or prompts.
• "User Content" collectively refers to your Uploads and Outputs.
• "Private AI Model" refers to the personalized AI model (e.g., LoRA) trained by the Service using your Uploads to generate Outputs specifically for your account.

Ownership: You retain ownership of your original Uploads. Subject to the licenses granted herein and any rights inherent in the underlying AI technologies, you also own the specific Outputs you generate through the Service.

License Granted by You: To enable us to operate and provide the Service, you grant Mighty Creamery a limited, non-exclusive, worldwide, royalty-free, sublicensable license to:

• Use, host, store, reproduce, modify, process, adapt, publish (only if you opt-in to public sharing), and display your Uploads solely to train your Private AI Model and generate the Outputs you request.
• Host, store, display, and manage your Outputs within your account for your access and use.
• Use User Content (primarily in an aggregated or de-identified way) internally for the technical purposes of operating, securing, troubleshooting, and improving the Service infrastructure directly related to providing the Service to you.

Private AI Models: Your Private AI Model is generated by the Service using your Uploads. This model is intrinsically linked to the Service's infrastructure and is provided as part of the personalized service *to you*. You do not gain ownership rights to the Private AI Model file itself. It remains private to your account and is not shared. It will be deleted according to our data retention policies, typically upon account deletion.

Public Gallery (Optional Feature):

• The Service may offer a public gallery where users can optionally share specific Outputs. Your User Content is private by default.
• If you explicitly choose to designate a specific Output as "public" via the App interface:
  • You grant Mighty Creamery a broader, perpetual, irrevocable (for as long as it remains designated public by you), worldwide, royalty-free, sublicensable license to display, distribute, reproduce, modify (e.g., for formatting), and use that specific public Output within the Service (e.g., in the public gallery, for rankings or showcases) and potentially in our promotional materials related to the Service (we will endeavor to provide attribution where feasible).
  • You acknowledge that once content is made public, others may view, copy, or share it, potentially outside of our control.
  • You can generally revoke the "public" status through your account settings, which will remove the Output from active public display within the Service going forward (subject to reasonable system delays or caching), but this does not affect prior uses or copies made by others.

Your Responsibility & Content Warranty: You are solely responsible for all User Content you upload, generate, or share. You represent and warrant that: (i) you own or have all necessary rights, licenses, consents, and permissions to grant the licenses set forth herein for your User Content; and (ii) your User Content, and our use of it as permitted by these Terms, does not and will not infringe, misappropriate, or violate any third party's rights (including intellectual property, privacy, or publicity rights) or any applicable law or regulation.

Content Deletion: You can delete individual Uploads and Outputs, or your entire account, via the App. Deletion processes and timelines (including backup retention) are detailed in our Privacy Policy. Important: DripLit is not intended as a content backup or storage service. You are responsible for maintaining your own backups of any User Content you deem important.

4. Prohibited Conduct & Content Moderation

You agree *not* to use the Service to create, upload, generate, store, or share any content, or engage in any activity, that:

• Violates any applicable local, state, national, or international law or regulation.
• Is fraudulent, false, misleading, or deceptive.
• Is defamatory, libelous, obscene, pornographic, vulgar, or offensive.
• Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
• Is violent or threatening, or promotes violence or actions that are threatening to any person or entity.
• Depicts or promotes illegal acts, including non-consensual sexual content or child sexual abuse material (CSAM). We have a zero-tolerance policy for CSAM and will report such content to authorities.
• Infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy.
• Contains software viruses, worms, or other harmful computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
• Attempts to impersonate or misrepresent your affiliation with any person or entity, including generating deceptive "deepfakes" without clear disclosure, especially if intended to harm or deceive.
• Interferes with or disrupts the integrity or performance of the Service or the data contained therein.
• Attempts to gain unauthorized access to the Service, other accounts, or computer systems or networks connected to the Service.

Content Moderation: We reserve the right, but have no obligation, to monitor, screen, filter, edit, or remove any User Content at any time and for any reason, without notice, particularly if we believe, in our sole discretion, that it violates these Terms or applicable law. We may employ automated systems and/or human review for content moderation. While you may flag content for review via the App or contact support@driplit.com, our decisions regarding content removal or account actions are generally final.

Violation of these rules can lead to immediate content removal, suspension of features, or permanent termination of your account.

5. Third-Party Services & AI Providers

DripLit integrates with and relies on various third-party service providers ("Providers") to deliver key functionalities. These include, but are not limited to, categories such as:

• Cloud Hosting and Infrastructure (e.g., for servers, storage, databases)
• AI Model Training and Inference Platforms (e.g., for LoRA creation and image generation)
• Authentication Services

Your use of DripLit requires the processing and potential transfer of your data by these Providers, which may include processing in the United States and other countries. By using the Service, you consent to this processing and transfer as further described in our Privacy Policy.

6. Privacy & Data Use

Our collection, use, storage, and sharing of your personal information is governed by our Privacy Policy. Please review it carefully to understand our practices regarding your data, including your rights related to access, correction, and deletion.

7. Disclaimers; Limitation of Liability; Indemnification

"AS IS" DISCLAIMER: THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, MIGHTY CREAMERY, LLC DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.

AI OUTPUT DISCLAIMER: YOU ACKNOWLEDGE THAT AI-GENERATED OUTPUTS ARE THE RESULT OF COMPLEX, EVOLVING, AND EXPERIMENTAL TECHNOLOGY. OUTPUTS MAY BE UNEXPECTED, INACCURATE, INCOMPLETE, OFFENSIVE, BIASED, OR FAIL TO MEET YOUR EXPECTATIONS OR REQUIREMENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, ACCURACY, RELIABILITY, SAFETY, LEGALITY, OR APPROPRIATENESS OF ANY OUTPUTS. YOU USE THE SERVICE AND RELY ON ANY OUTPUTS ENTIRELY AT YOUR OWN RISK.

NO LIABILITY FOR CONTENT OR CONDUCT: WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY USER CONTENT OR FOR THE CONDUCT OF ANY USER OF THE SERVICE.

LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MIGHTY CREAMERY, LLC, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.

UNDER NO CIRCUMSTANCES WILL MIGHTY CREAMERY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US (VIA APPLE) FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED (WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Indemnification: You agree to defend, indemnify, and hold harmless Mighty Creamery, LLC, its owner, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or intellectual property rights, related to your User Content or your use of the Service; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.

8. Termination

Termination by You: You may terminate your account and cease using the Service at any time by using the account deletion feature within the App.

Termination by Us: We reserve the right to suspend or terminate your account and access to the Service, in our sole discretion, at any time and without prior notice or liability, if:

• You breach any material provision of these Terms.
• You engage in conduct that we deem harmful to the Service, other users, or our business interests.
• Required by law or due to unforeseen technical or security issues.
• Your account remains inactive (i.e., no login or activity and no active subscription) for an extended period, currently set at six (6) consecutive months.

Effect of Termination: Upon termination of your account for any reason: (a) your right to access and use the Service will immediately cease; (b) you will forfeit any remaining subscription period and unused Credits (as outlined in Section 2); (c) your User Content and Private AI Model will be scheduled for deletion according to our Privacy Policy. Sections of these Terms that by their nature should survive termination shall survive (including, but not limited to, Sections 3 (Ownership, Licenses), 7, 8, 9, and 10).

9. Dispute Resolution, Governing Law & Arbitration

Governing Law: These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Nevada, without regard to its conflict of laws provisions.

Agreement to Arbitrate: PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

• You and Mighty Creamery agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Service (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding.
• Exceptions: As limited exceptions, (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
• The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or Commercial Arbitration Rules, if Consumer Rules do not apply) then in effect (the "AAA Rules"), available at www.adr.org or by calling 1-800-778-7879.
• Arbitration Location: The arbitration hearing will take place in Carson City, Nevada, unless you and Mighty Creamery agree upon another location or remote participation (e.g., via video conference).
• Arbitrator's Decision: The arbitrator's decision will be final and binding. Judgment on the arbitration award may be entered in any court with jurisdiction.
• Class Action Waiver: YOU AND MIGHTY CREAMERY 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.
• Time Limitation on Claims: You agree that any claim arising out of or related to the Service or these Terms must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred.
• Arbitration Costs: Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. We will pay for all filing, administration, and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous.
• Opt-Out: You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by sending an email to legal@driplit.com. Your email must include your full name, the email address associated with your DripLit account, and a clear statement indicating your decision to opt out of arbitration. If you opt out, the exclusive jurisdiction and venue for resolving Disputes will be the state and federal courts located in Carson City, Nevada.

10. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire and exclusive understanding and agreement between Mighty Creamery and you regarding the Service, and supersede and replace any and all prior oral or written understandings or agreements between us regarding the Service.

Severability: If any provision of these Terms is held invalid or unenforceable by an arbitrator or court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mighty Creamery.

Changes to Terms: We reserve the right to modify these Terms at any time, in our sole discretion. If we make material changes, we will provide you with notice prior to the change taking effect, such as by sending an email, providing a notice through the Service, or updating the "Last Updated" date above. We aim to provide at least fourteen (14) days' notice for material changes unless a shorter period is necessary due to legal or security requirements. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service.

Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null. We may freely assign or transfer these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

Contact Information: If you have any questions about these Terms, please contact us at: support@driplit.com or by mail at:

Mighty Creamery, LLC
Attn: Legal/Terms Inquiry
2483 Simons Ct
Carson City, NV 89703
USA