DFOS Terms of Use
Last Updated: March 4, 2026
1. Acceptance of These Terms of Use
1.1 Overview: Metalabel, Inc. ("DFOS," "we," "us," "our," or "Company") provides our services (described below) and related content to you through our website located at https://www.dfos.com (the "Site") and related technologies, including mobile applications and APIs (collectively, the "Service"). All access and use of the Service is subject to the terms and conditions contained in these Terms of Use (as amended from time to time, these "Terms of Use"). By accessing, browsing, or otherwise using the Site or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. These Terms of Use apply to all users of the Site or Service, including users who administer spaces, participate in spaces, contribute content, or transact with other users. If you do not accept the terms and conditions of these Terms of Use, you will not access, browse, or otherwise use the Service.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Use were last revised. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Use.
PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST DFOS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
BY ACCESSING OR USING OUR SERVICES IN ANY WAY (E.G., BY CLICKING ON THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS, CREATING OR JOINING A SPACE, AND/OR BROWSING THE WEBSITE) YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH DFOS, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT ENTITY TO THE TERMS OF USE. THE TERM "YOU" REFERS TO YOU AS AN INDIVIDUAL AND ANY LEGAL ENTITY THAT YOU HAVE NAMED AS A USER AT THE TIME OF REGISTRATION FOR THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE YOU MAY NOT ACCESS OR USE ANY OF THE SERVICES.
1.2 Your Privacy: At DFOS, we respect the privacy of our users. For more information please see our Privacy Policy, located at https://www.dfos.com/privacy-policy (the "Privacy Policy").
2. Access and Use of the Service
2.1 Service Description: DFOS is a platform that provides infrastructure for shared private internets. The Service allows users to create and join spaces ("Spaces"), communicate with other members, publish and share content, manage membership, and conduct transactions. DFOS is not a party to the interactions, agreements, or transactions between users.
2.2 Eligibility: This is a contract between you and DFOS. You must be at least eighteen (18) years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and that you agree to and will abide by all of the terms and conditions of these Terms of Use.
2.3 Member Account and Security: You are responsible for maintaining the confidentiality of your account credentials and are fully responsible for any and all activities that occur under your account. You agree to (a) immediately notify DFOS of any unauthorized use of your account or any other breach of security, and (b) sign out from your account when you are not using the Service. DFOS will not be liable for any loss or damage arising from your failure to comply with this paragraph.
2.4 Modifications to Service: DFOS reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that DFOS will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
3. Spaces, Administrators, and Members
3.1 Space Administrators: If you create or administer a space on the Service ("Space"), you are a "Space Administrator" and are responsible for: (a) the content, rules, and conduct within your Space; (b) ensuring your Space complies with these Terms of Use and all applicable laws; (c) managing membership, access, and permissions within your Space; and (d) any promises, offerings, or commitments you make to Space members, including the delivery of goods, services, or content. DFOS is not a party to any agreement between a Space Administrator and its members.
3.2 Space Members: By joining a Space, you agree to abide by any additional rules or guidelines established by the Space Administrator, provided they do not conflict with these Terms of Use. You understand that the content, interactions, and community standards within each Space are set and managed by the Space Administrator, not by DFOS. You are responsible for evaluating whether a Space is right for you before joining.
3.3 Private Spaces: DFOS is designed to support private communities. Content and interactions within private Spaces are intended to be visible only to members of that Space. However, DFOS cannot guarantee that other members will not share, screenshot, or otherwise distribute content outside the Space. You should exercise judgment about what you share within any Space.
3.4 Moderation Within Spaces: Space Administrators are responsible for moderation and conflict resolution within their own spaces. DFOS provides tools to support moderation --- including member removal, banning, and content management --- but does not make moderation decisions for individual spaces. If you have a dispute with a Space Administrator, your recourse is to leave the Space and, if applicable, exercise your data portability and exit rights under Section 8.
3.5 Platform-Level Action: If DFOS receives a report or otherwise determines that a Space is violating these Terms of Use or creating harm to the platform or its users, DFOS may initiate a review. Following review, DFOS may require changes to a Space's practices, restrict a Space's access to certain features, or in extreme cases remove a Space from the platform. DFOS will make reasonable efforts to notify the Space Administrator before taking action, except where immediate action is necessary to prevent ongoing harm.
4. Your Responsibilities and Things You Shouldn't Do
4.1 Your Responsibilities: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials ("content") that you make available to DFOS, including by uploading, posting, publishing, or displaying via the Service or by emailing or otherwise making available to other users of the Service (collectively, "User Content"). DFOS reserves the right to investigate and take appropriate legal action against anyone who, in DFOS's sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities.
4.2 Things You Shouldn't Do: You agree not to:
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Upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of DFOS, is objectionable or restricts or inhibits any other person from using or enjoying the Service;
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Interfere with or disrupt the Service or servers or networks connected to the Service;
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Violate any applicable local, state, national, or international law;
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Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
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Solicit personal information from anyone under the age of 18;
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Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited communications;
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Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
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Further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
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Obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;
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Circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections or access controls in the Service;
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Engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods;
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Engage in deceptive or manipulative trading activities in any way;
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Create user accounts by automated means or under false or fraudulent pretenses;
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Share, redistribute, or publicly disclose content from private Spaces without the consent of the content creator and Space Administrator; or
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Use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service; or
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Use the Service to organize, coordinate, or facilitate harassment, violence, exploitation of minors, or any other activity intended to cause harm to individuals or groups, whether on or off the platform.
5. Subscriptions, Fees, and Transactions
5.1 Subscription Plans: Spaces on the Service may offer subscription plans that provide members with access to features, roles, or content within the Space. Details of available plans, features, and pricing are set by the Space Administrator. If you subscribe to a paid plan, you agree to pay the applicable fees. DFOS reserves the right to change any platform-level fees upon thirty (30) days' notice. Your continued use of a paid plan after a fee change becomes effective constitutes your agreement to the changed fees.
5.2 Space Transactions: Spaces on the Service may charge membership fees, offer subscription plans, or facilitate other transactions between Space Administrators and members. These transactions are between the Space Administrator (or seller) and the member (or buyer). DFOS is not a party to these transactions and is not responsible for the quality, safety, legality, or delivery of any goods, services, or content offered within a Space.
5.3 Payment Processing: To facilitate payment for the Service and transactions within Spaces, we use Stripe, Inc. and its affiliates ("Stripe"), a third-party payment processor. By agreeing to these Terms of Use, users that use the payment functions of the Service also agree to be bound by the Stripe terms and conditions available at https://stripe.com/legal. Company assumes no liability or responsibility for any payments you make through the Service.
5.4 Taxes: You are responsible for all taxes associated with your use of the Service and any transactions you conduct through the Service, other than taxes based on Company's net income.
5.5 Cancellation and Refunds: You may cancel your subscription at any time through your account settings or by contacting us at info@dfos.com. Cancellation will take effect at the end of your current billing period. DFOS does not provide refunds for partial billing periods. For Space-level transactions, refunds are processed in accordance with Stripe's standard terms and any policies established by the Space Administrator.
6. Content Publishing and Distribution
6.1 Content Publishing: The Service may allow you to publish, distribute, and share content within Spaces, across the Service, and to external platforms. You are solely responsible for the content you publish and for ensuring that it complies with these Terms of Use and all applicable laws.
6.2 Distribution Tools: DFOS may provide tools for distributing content to external platforms, email lists, and other channels. Space Administrators may use these tools to send communications, such as announcements, to members of their Space via the platform's email delivery infrastructure. Space Administrators do not have access to member email addresses when using these tools --- delivery is handled by DFOS on the Space Administrator's behalf. You are solely responsible for your use of these distribution tools and for compliance with the terms of service of any third-party platforms to which you distribute content.
7. Intellectual Property Rights
7.1 Service Content: You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by DFOS, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, except that the foregoing does not apply to your own User Content.
7.2 Trademarks: The DFOS name and logos are trademarks and service marks of Metalabel, Inc. (collectively the "DFOS Trademarks"). Nothing in these Terms of Use or the Service should be construed as granting any license or right to use any of the DFOS Trademarks displayed on the Service, without our prior written permission.
7.3 Third-Party Material: Under no circumstances will DFOS be liable in any way for any content or materials of any third parties (including users and Space Administrators), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that DFOS does not pre-screen content, but that DFOS and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
7.4 User Content
You represent and warrant that you own all right, title and interest in and to such User Content, including all copyrights and rights of publicity contained therein. You hereby grant DFOS and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service. This license terminates with respect to specific User Content when you delete that content from the Service, except as necessary for backups, caching, legal compliance, or the preservation of cryptographic proof records.
You hereby authorize DFOS and its third-party service providers to derive statistical and usage data relating to your use of the Service ("Usage Data"). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.
Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service ("Submissions"), provided by you to DFOS are non-confidential and DFOS will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.
You acknowledge and agree that DFOS may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Use; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of DFOS, its users, or the public.
7.5 Copyright Complaints: DFOS respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email DFOS's Copyright Agent at info@dfos.com (Subject line: "DMCA Takedown Request").
7.6 Counter-Notice: If you believe that your User Content that was removed is not infringing, or that you have authorization to post and use the content, you may send a written counter-notice to the Copyright Agent.
7.7 Repeat Infringer Policy: In accordance with the DMCA and other applicable law, DFOS has adopted a policy of terminating, in appropriate circumstances and at DFOS's sole discretion, the accounts of users who are deemed to be repeat infringers.
8. Identity, Data Rights, and Portability
8.1 Decentralized Identity: Your account on the Service is associated with a Decentralized Identifier ("DID"), a globally unique identifier that is not dependent on DFOS or any other centralized authority. Your DID is generated when you create your account and serves as the cryptographic foundation of your identity on the Service.
Your DID is yours. It is not licensed to you by DFOS. DFOS does not have the ability to revoke, reassign, or transfer your DID to another party. Your DID's validity does not depend on DFOS --- it can be independently verified by anyone with access to its cryptographic operation chain. If DFOS ceases to operate, your DID remains valid and verifiable. DFOS currently manages cryptographic signing keys on your behalf; as self-custody options become available, you may choose to manage your own keys.
8.2 Content Authenticity: Content you create on the Service --- including posts and other published contributions --- is cryptographically signed using your DID. This means that the authorship, integrity, and timestamp of your content can be independently verified by anyone, without relying on DFOS servers. Your content carries its own proof of who created it and when, and this proof remains intact if the content is exported or accessed outside the Service.
8.3 What You Own: You own your DID. Cryptographic signing keys are currently managed by DFOS on your behalf, with a path toward self-custody. You own the content you create on the Service, as further described in Section 7 (Intellectual Property Rights). You own your personal profile information. You have the right to export your content and personal data from the Service, in a format that preserves its cryptographic signatures and verifiability. DFOS will provide tools to facilitate this export.
8.4 Data Portability --- Your Data: You may request a complete export of your personal data and content from the Service at any time by using export tools or by contacting us at info@dfos.com. This export will include:
(a) your profile information;
(b) content you have created (posts, comments, and other contributions), with cryptographic signatures intact;
(c) your connections and space memberships (as a list of spaces you belong to, not the membership lists of those spaces); and
(d) your transaction history, where applicable.
Exported content retains its authenticity --- it can be verified as yours even after it leaves the Service, because the cryptographic proof is part of the content itself.
8.5 Data Portability --- Community Data and Its Limits: No individual user --- including Space Administrators --- may export the membership list, member identities, or contact information of other members of a space, unless every affected member has explicitly consented to such export. The identity of who belongs to a private space is sensitive information that belongs collectively to the community, not to any single administrator or member.
Space Administrators may request export of:
(a) aggregate, anonymized data about their space (such as member count and activity metrics);
(b) content posted within their space, with author attribution as displayed within the space (which may be pseudonymous); and
(c) space configuration, rules, and settings.
Space Administrators may not export member DIDs, email addresses, real names, or other identifying information without explicit member consent.
DFOS recognizes that the question of "whose data is it?" does not always have a clean answer. A post you wrote belongs to you. But the fact that you are a member of a particular space may be information that others in that space have a privacy interest in protecting. When these interests are in tension, DFOS will err on the side of protecting the privacy of individuals within communities.
8.6 Credible Exit: DFOS is committed to the principle of credible exit. Specifically:
(a) you may leave the Service at any time and take your data with you, as described in Section 8.4;
(b) your DID remains valid and independently verifiable regardless of whether DFOS continues to operate;
(c) content you have exported retains its authenticity and can be verified, hosted, or published elsewhere;
(d) DFOS will not degrade, restrict, or penalize your account or data access in response to a request to export or leave; and
(e) if DFOS ever discontinues the Service, we will provide reasonable notice and a migration period during which all users can export their data.
8.7 What DFOS Does Not Claim: DFOS does not claim ownership of your DID, your cryptographic keys, your User Content, or your personal data. The limited license you grant DFOS to operate the Service (as described in Section 7.4) does not transfer ownership of any of these to DFOS. DFOS does not use the content of private spaces to train machine learning or artificial intelligence models.
9. Automated Access and Integrations
9.1 Programmatic Access and Integrations: The Service may provide application programming interfaces ("APIs"), Model Context Protocol ("MCP") servers, webhooks, or other programmatic access methods (collectively, "Integrations") that allow third-party applications, services, or automated systems to interact with the Service. All use of Integrations is subject to these Terms of Use and any additional API terms or documentation published by DFOS.
9.2 Space-Level Integration Controls: Space Administrators control whether Integrations may access content and data within their space. Integrations require explicit authorization before they can interact with a space. By authorizing an Integration, a Space Administrator permits that Integration to access, read, write, or otherwise interact with content and data within the space, according to the permissions configured. Space Administrators are responsible for:
(a) evaluating whether an Integration is appropriate for their space and its members;
(b) informing members that an Integration has been authorized and what data it can access;
(c) configuring appropriate permissions for each Integration; and
(d) revoking authorization for Integrations that violate these Terms of Use or the trust of their members.
9.3 Integration Operator Obligations: If you develop, operate, or deploy an Integration that accesses the Service, you agree to:
(a) comply with these Terms of Use and any applicable API documentation;
(b) access only the data and functionality necessary for your Integration's stated purpose;
(c) clearly identify your Integration to Space Administrators and, where applicable, to members;
(d) maintain reasonable security measures to protect any data obtained from the Service;
(e) not use data obtained through the Service to train machine learning models, build competing products, or for any purpose not authorized by the Space Administrator who enabled the Integration;
(f) promptly delete data obtained from the Service when requested by DFOS, the applicable Space Administrator, or the member whose data was collected; and
(g) not circumvent, exceed, or abuse any rate limits, access controls, or permissions set by DFOS or by a Space Administrator.
9.4 AI Agents, Automated Accounts, and Identity: An "Automated Account" is any account that is primarily or substantially operated by an artificial intelligence system, bot, script, or other automated means, whether or not a human is involved in supervising its activity.
Automated Accounts on DFOS are issued DIDs in the same manner as human user accounts. This means that an Automated Account's actions --- posts, messages, reactions, and other contributions --- are cryptographically signed and independently verifiable, just as a human user's actions are.
You must clearly disclose when an account is an Automated Account by: (a) identifying the account as automated in its profile, display name, or designated account type field; and (b) disclosing the nature and purpose of the automation to any Space Administrator whose space the Automated Account joins or participates in.
Failure to disclose the automated nature of an account is a violation of these Terms of Use. DFOS will provide built-in mechanisms (such as an account type designation visible to other users) to make this disclosure clear and verifiable.
9.5 Human Responsibility: A natural person must be identified as the responsible operator of every Automated Account (the "Operator"). The Operator is fully responsible for all actions taken by the Automated Account, including content posted, messages sent, data accessed, and any violations of these Terms of Use. The Operator's personal account may be subject to suspension or termination for violations committed by an Automated Account they operate. DFOS will provide mechanisms to link the Operator's identity to the Automated Account, and this information may be disclosed to Space Administrators upon request.
9.6 Verifiability of Automated Actions: Because Automated Accounts use DIDs and their actions are cryptographically signed, Space Administrators and members can verify: (a) that a specific action was taken by a specific Automated Account; (b) that the account is identified as automated; and (c) who the Operator of the Automated Account is. Content created by an Automated Account carries the same authenticity properties as content created by a human user --- its authorship and timestamp can be verified independently of DFOS.
9.7 Space Administrator Rights Over Automated Access: Space Administrators may, at their sole discretion: (a) prohibit Automated Accounts from joining or participating in their space; (b) require additional disclosure or approval before an Automated Account may participate; (c) remove Automated Accounts at any time and for any reason; (d) set space-level policies regarding the use of AI tools, automated systems, and Integrations within their space; and (e) restrict what actions Automated Accounts may perform --- for example, allowing an agent to read content but not post, or to participate in chat but not access the treasury.
DFOS will provide Space Administrators with tools to manage and monitor automated access.
9.8 Content from Automated Accounts: Content created by an Automated Account is attributed to that account's DID and is subject to the same content policies as content created by human users. If an Automated Account is removed from a space, the Space Administrator determines what happens to content the account contributed, consistent with Section 3. The Operator may request export of content created by their Automated Account, subject to the same data portability provisions and community data limitations described in Section 8.
9.9 Economic Participation: Automated Accounts may not hold treasury keys, participate in treasury functions, or engage in economic transactions on the Service unless DFOS has published specific terms governing economic participation by Automated Accounts. This section will be updated as these capabilities evolve.
9.10 DFOS Rights Regarding Automated Access: DFOS reserves the right to: (a) suspend or terminate any Integration or Automated Account that violates these Terms of Use or degrades the Service for other users; (b) impose rate limits, access restrictions, or additional requirements on Integrations and Automated Accounts; (c) require registration or approval for Integrations that access the Service; and (d) modify or discontinue Integration capabilities at any time. DFOS may, but is not obligated to, monitor Integrations and Automated Accounts for compliance with these Terms of Use.
9.11 Prohibited Automated Access: You may not access the Service through automated means except through Integrations expressly enabled by DFOS and authorized by the applicable Space Administrator. Scraping, crawling, harvesting, or systematically collecting content or data from the Service without prior written consent from DFOS is strictly prohibited, regardless of the method used. This prohibition applies with particular force to the content of private spaces, where unauthorized automated access constitutes a violation of the privacy expectations of every member in that space.
10. Third-Party Services and Websites
The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the "Third-Party Services"). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party. DFOS has no control over and is not responsible for such Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. DFOS will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
11. Indemnification
To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless DFOS, Metalabel, Inc., its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the "DFOS Parties") from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Use, or your violation of any rights of another. You may not settle or compromise any claim against the DFOS Parties without DFOS's written consent.
12. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE DFOS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE DFOS PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
13. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE DFOS PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE DFOS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE DFOS PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DFOS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
14. Release
DFOS EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN THE USERS OF THE SERVICE. THE SERVICE IS ONLY A VENUE FOR ENABLING PRIVATE CREATIVE COMMUNITIES. BECAUSE DFOS IS NOT A PARTY TO THE ACTUAL INTERACTIONS, AGREEMENTS, OR TRANSACTIONS BETWEEN USERS, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS OR SPACE ADMINISTRATORS, YOU RELEASE DFOS, METALABEL, INC., ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, INVESTORS, AGENTS, PARTNERS, AND LICENSORS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
15. Dispute Resolution By Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
15.1 Agreement to Arbitrate: You agree that any and all disputes or claims that have arisen or may arise between you and DFOS, whether arising out of or relating to these Terms of Use, the Service, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, except that you may assert individual claims in small claims court. You agree that, by entering into these Terms of Use, you and DFOS are each waiving the right to a trial by jury or to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
15.2 Prohibition of Class and Representative Actions: YOU AND DFOS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND DFOS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS.
15.3 Pre-Arbitration Dispute Resolution: DFOS is always interested in resolving disputes amicably and efficiently, and most concerns can be resolved quickly by emailing info@dfos.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to DFOS should be sent to Metalabel, Inc., 120 Walker Street, #4-B, New York, NY 10013 ("Notice Address"). If DFOS and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or DFOS may commence an arbitration proceeding.
15.4 Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Consumer Arbitration Rules.
15.5 Costs of Arbitration: Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules.
15.6 Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
15.7 Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled "Prohibition of Class and Representative Actions") is invalid or unenforceable, the parties agree to replace such term or provision with a valid and enforceable one. If the provisions regarding the prohibition of class and representative actions are found invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void.
15.8 Future Changes to Arbitration Agreement: If DFOS makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending DFOS written notice within thirty (30) calendar days of the change to the Notice Address.
16. Termination
You agree that DFOS, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service for any reason, including for lack of use or if DFOS believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. DFOS may also at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that DFOS will not be liable to you or any third party for any termination of your access to the Service.
If DFOS suspends or terminates your account, you will be given reasonable notice and opportunity to export your data pursuant to Section 8, except where immediate action is necessary to prevent ongoing harm or comply with legal obligations.
In addition to individual account actions, DFOS may take action with respect to a Space as described in Section 3.5, including requiring changes to a Space's practices, restricting a Space's access to features, or removing a Space from the platform. If a Space is removed, DFOS will make reasonable efforts to allow Space members to exercise their data portability and exit rights under Section 8 before content is deleted.
17. User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service, and DFOS will have no liability or responsibility with respect thereto. DFOS reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service, including disputes between Space Administrators and Space members.
18. General
These Terms of Use (together with the terms incorporated by reference herein) constitute the entire agreement between you and DFOS governing your access and use of the Service, and supersede any prior agreements between you and DFOS with respect to the Service. These Terms of Use will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, you and DFOS submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, New York. The failure of DFOS to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions remain in full force and effect. You agree that any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one (1) year after such claim arose or be forever barred. You may not assign these Terms of Use without the prior written consent of DFOS, but DFOS may assign or transfer these Terms of Use, in whole or in part, without restriction.
19. Questions? Concerns? Suggestions?
Please contact us at info@dfos.com and Metalabel, Inc., 120 Walker Street, #4-B, New York, NY 10013 if you have questions, complaints or claims with respect to these Terms of Use.