These Terms of Service (“Terms”) govern your access to and use of Sataday’s products and services, including but not limited to Venom.AI earbuds, the Venom.AI companion app, the Symbio-O1 model, our websites, and any related features, content, or applications (collectively, the “Services”). By accessing or using our Services—whether as a guest or as a registered user—you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Services.
- **Agreement:**
By registering for (including shadow testing), downloading, accessing, or using any part of the Services, you agree to these Terms.
- **Updates:**
We may modify these Terms at any time. If changes are material, we will notify you by email or through the app/website at least thirty (30) days before the new Terms take effect. Your continued use of the Services after that date constitutes acceptance of the updated Terms.
- **Age Requirement:**
You must be at least 13 years old to use the Services. If you are between 13 and 18 years old, you must have permission from a parent or guardian to register.
- **“Account”**
means the unique user account you create to access certain features of the Services.
- **“User Content”**
refers to any content you submit to or through the Services (e.g., voice commands, text prompts, feedback).
- **“Venom.AI”**
refers to the AI‑powered earbuds, related hardware, firmware, and companion app developed by Sataday.
- **“Symbio-O1”**
refers to the Symbio‑O1 adaptive language model developed by Sataday, made available for general chit‑chat and integration.
- **“Shadow Testing”**
refers to the pre-production testing phase in which users provide billing, shipping, and usage data to help Sataday train a personalized AI model and prepare for full production.
- **“Privacy Policy”**
means Sataday’s Privacy Policy, which is incorporated herein by reference.
1. **Eligibility:**
Only individuals capable of forming a binding contract under applicable law may register. If you are under 18, you confirm that a parent or guardian has reviewed and agreed to these Terms on your behalf.
2. **Account Creation:**
To register, you must provide accurate, complete, and updated information (including name, email, and billing/shipping details). You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3. **Account Security:**
You agree to notify us immediately if you suspect any unauthorized use of your account or any breach of security. We are not liable for any losses caused by unauthorized use of your account.
4. **Account Termination:**
We reserve the right to suspend or terminate your account if you violate these Terms, engage in fraudulent or abusive behavior, or for any other reason at our sole discretion.
1. **Shadow Testing Enrollment:**
During the shadow‑testing phase, you agree to provide billing and shipping information in advance so that we may charge and ship your Venom.AI earbuds once production is ready. Enrollment does not guarantee delivery unless you complete payment.
2. **Payment Timing:**
We will charge the payment method you provided exactly seven (7) days before the scheduled ship date. You authorize Sataday to charge your card for the full product cost, applicable taxes, and shipping fees at that time.
3. **Cancellation & Refunds:**
- **Pre‑Charge Cancellation (More Than 7 Days Pre‑Ship):** Cancel at any time before the 7‑day pre‑charge window for a full refund of any deposit or fees—no penalty.
If you cancel after we charge but before the product ships, you will receive a full refund of the product cost and taxes, minus a $25 processing fee.
- **Post‑Shipment Cancellation/Return:** Standard return policy applies once the product is shipped (see Section 9).
- **Defective or Damaged Product:** If the product arrives damaged or defective, contact us immediately. We will cover return shipping costs and provide a full refund or replacement at no additional charge.
4. **No Guarantee of Availability:**
Shadow testing slots are limited. Providing information does not guarantee that you will receive Venom.AI; we reserve the right to close enrollment or cancel pre‑orders at our discretion.
1. **Pricing:**
All fees for Venom.AI (including hardware, taxes, shipping, and any subscription fees for premium features) are presented to you during registration or at checkout. Prices may change over time, but any price changes will not affect your pre‑order once you have been charged.
2. **Taxes & Duties:**
You are responsible for any customs duties, VAT, GST, or other taxes applicable to your location. If carriers or customs impose additional charges, you must pay those directly.
3. **Payment Methods:**
We accept major credit/debit cards via our PCI‑DSS–compliant processor. By providing your payment information, you represent that you are authorized to use the payment method.
4. **Failed Payments:**
If a charge fails when attempting to collect seven days before shipment, we will notify you via email and attempt a second charge after 48 hours. If both attempts fail, Sataday may cancel your pre‑order and any promotional pricing associated with shadow testing.
### 6.1 Limited License Grant
Subject to your compliance with these Terms, Sataday grants you a limited, non‑exclusive, non‑transferable, revocable license to:
1. **Use the Hardware:** Operate Venom.AI earbuds solely for personal, non‑commercial use, in accordance with any user guides or instructions.
2. **Use the Software:** Install and run the Venom.AI companion app (mobile or desktop) on a single device, solely in object code form, for your personal enjoyment and for interfacing with your Venom.AI earbuds.
3. **Access Symbio-O1:** Use the Symbio‑O1 model, subject to any usage limits, API keys, and pricing tiers defined by Sataday. Symbio‑O1 may be accessed via our API or integrated into your applications per the “Symbio-O1 Model Access Terms” (Section 7).
### 6.2 User Content & Data
1. **User Content Ownership:** You retain ownership of any data (e.g., voice recordings, text prompts) you provide to Venom.AI or Symbio‑O1. By submitting User Content, you grant Sataday a worldwide, royalty‑free, sublicensable, and transferable license to use, reproduce, distribute, and display that content strictly to:
- Train and maintain your personalized Venom.AI model (always segregated from other users).
- Provide, improve, and debug Venom.AI and Symbio‑O1 Services.
2. **Prohibited Conduct:** You agree not to:
- Reverse engineer, decompile, or otherwise attempt to extract source code from the Venom.AI software, Symbio‑O1 API, or firmware.
- Use the Services to infringe upon third‑party rights, violate any law, or transmit illegal, abusive, or harmful content, including hate speech, harassment, or instructions for illegal activities.
- Interfere with or disrupt the Services or servers/networks connected to the Services.
- Attempt to gain unauthorized access to any portion of the Services, other accounts, or any systems or networks connected to the Services.
- Use automated scripts or scrapers to collect data from the Services unless explicitly permitted by Sataday.
3. **Account Termination for Misuse:** Violations of these obligations may result in immediate suspension or termination of your account without refund.
1. **Access & API Keys:**
To use Symbio‑O1, you must register for an API key via the Symbio-O1 developer portal. API keys are personal and non-transferable. You are responsible for all activity under your key.
2. **Usage Limits & Pricing:**
Sataday may impose rate limits, quotas, or tiered pricing for Symbio‑O1 usage. Free tier access may be available for basic usage; premium or enterprise usage may require a paid subscription. Details are published on the Symbio‑O1 pricing page.
3. **Data Logging & Privacy:**
We log all prompts and responses sent to Symbio‑O1 for up to 30 days. This data may be used to monitor abuse, improve model performance, or troubleshoot issues. By using Symbio‑O1, you consent to such logging. We do NOT use user prompts to train other users’ models or for commercial resale.
4. **Content Moderation:**
Symbio‑O1 includes automated filters to detect abuse. You agree not to use Symbio‑O1 to generate harmful or disallowed content. Sataday reserves the right to suspend API access for violations of our Content Policy.
5. **No Warranty:**
Symbio‑O1 is provided on an “AS IS” basis. Sataday does not guarantee accuracy, completeness, or suitability for any particular purpose.
6. **Termination & Revocation:**
Sataday may suspend or revoke your API key at any time for misuse, fraudulent activity, or violation of these Terms. You will be notified and may appeal by contacting legal@sataday.com.
1. **Sataday’s Ownership:**
All intellectual property rights in Sataday’s products, including Venom.AI hardware designs, software code, Symbio‑O1 model weights, interface designs, logos, trademarks, and documentation, are owned by Sataday or its licensors. These Terms do not grant you any ownership interest in Sataday’s intellectual property.
2. **User Feedback:**
If you provide suggestions, ideas, or feedback (“Feedback”) about Venom.AI, Symbio‑O1, or any Services, you agree that Sataday may use such Feedback without restriction or compensation.
Shipping, Returns, & Warranty
### 9.1 Shipping
We utilize reputable carriers (e.g., UPS, FedEx) to deliver Venom.AI earbuds. You will receive tracking information via email.
2. **Shipping Delays:**
While we endeavor to ship on schedule, delays may occur due to inventory, customs, or carrier issues. Sataday is not liable for delays beyond our control.
### 9.2 Returns & Refunds
1. **Defective or Damaged Items:**
If you receive a damaged or defective product, notify support@sataday.com within 14 days of delivery. We will arrange a prepaid return and, upon receipt, issue a full refund or send a replacement at no additional charge.
2. **Change of Mind Returns:**
After shipment, you may return unopened, undamaged Venom.AI earbuds within 30 days of delivery for a refund of the purchase price minus a $25 restocking fee. You are responsible for return shipping costs.
3. **Warranty Period:**
Venom.AI earbuds are covered by a limited one-year manufacturer’s warranty from the date of delivery, covering defects in materials and workmanship. Warranty does not cover damage from misuse, unauthorized modifications, or normal wear and tear.
our privacy is critically important to us. Our Privacy Policy explains how we collect, use, and share your personal information. By using the Services, you consent to our collection and use of your data as described therein.
### 11.1 Disclaimers
1. **“AS IS” and “AS AVAILABLE”:**
THE SERVICES, INCLUDING VENOM.AI HARDWARE AND SOFTWARE AND SYMBIO‑O1 MODEL, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. SATADAY DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT.
2. **No Guarantee of Continuous Operation:**
We do not warrant that the Services will be uninterrupted, error‑free, or secure.
### 11.2 Limitation of Liability
1. **Maximum Liability:**
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SATADAY’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO SATADAY IN THE SIX (6) MONTHS PRIOR TO THE INCIDENT GIVING RISE TO LIABILITY.
2. **Exclusion of Damages:**
IN NO EVENT SHALL SATADAY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless Sataday and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms; (b) your misuse of the Services; (c) your violation of any applicable law; or (d) any User Content you submit.
1. **By You:**
You may terminate your account at any time by contacting support@sataday.com.
2. **By Sataday:**
We may suspend or terminate your access to the Services (or any part thereof) at any time, without notice, if you breach these Terms or engage in behavior that jeopardizes other users or Sataday’s operations.
3. **Effect of Termination:**
Upon termination, your right to access and use the Services immediately ceases. Sections regarding Fees & Billing, Licenses, Intellectual Property, Shipping & Returns, Privacy, Disclaimers & Limitations of Liability, Indemn