Terms of
Service.

About these Terms

These Terms of Service ("Terms") are a binding agreement between you and PowderKeg Intelligence LLC ("PowderKeg," "we," "us," or "our"). They govern your access to and use of the dumbest.ai application, website, subscriptions, content, and related features and services (together, the "Service").

By creating an account, purchasing a subscription, or otherwise using the Service, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Service. If you use the Service for an organization, you represent that you have authority to bind it.

Eligibility

You must be at least 18 years old to use the Service. Permission from a parent or guardian does not make anyone under 18 eligible. You must be legally able to enter this agreement and may not use the Service where prohibited by law. An app marketplace or local law may impose a higher minimum age.

Accounts and security

Some features require an account. You agree to provide accurate information, keep it current, protect your device and credentials, and promptly notify us of suspected unauthorized access. You are responsible for activity through your account except to the extent caused by our breach of these Terms or applicable law. You may not share, sell, transfer, or use another person's account without permission.

We may require reasonable authentication, verification, usage, integrity, or security measures to protect users and the Service.

Dumbest is entertainment only

Dumbest intentionally produces confidently wrong, invented, absurd, incomplete, contradictory, or otherwise unreliable responses for comedy. Output may sound detailed, authoritative, or plausible even when it is false. That is a disclosed part of the entertainment experience, not a promise of accuracy.

The Service is not an emergency service and does not provide medical, mental-health, legal, financial, investment, tax, safety, educational, employment, relationship, or other professional advice. Do not rely on it for factual questions, diagnoses, treatment, contracts, money, personal safety, high-impact decisions, or any other real-world action. Verify important information with an authoritative source and a qualified professional. In an emergency, contact the appropriate local emergency service or crisis resource.

Acknowledgment of risk and user responsibility

This section allocates risks arising from a user's decision to treat clearly labeled entertainment as reliable information. It does not limit an obligation or liability that cannot lawfully be limited, excuse fraud or willful misconduct, or waive a non-waivable consumer right.

Artificial intelligence features

The Service uses automated systems and third-party providers to process inputs and generate or moderate output. You are responsible for what you submit and for evaluating anything the Service returns before using or sharing it.

Output may be inaccurate, outdated, incomplete, biased, offensive, inappropriate, non-unique, or similar to output provided to others. It may refer to nonexistent people, events, products, sources, or rules and does not necessarily reflect PowderKeg's views. Safeguards may block some content, but we do not promise to detect or prevent every unsafe response.

To the extent permitted by law and subject to third-party rights, you may use and share output generated for you. You receive no ownership interest in the underlying models, systems, software, branding, instructions, or third-party material. We do not guarantee that output is unique, non-infringing, or fit for any purpose.

Your content and sharing

"User Content" means prompts, messages, profile and support information, feedback, and other material you submit. You retain any ownership rights you have in User Content. You represent that you have all rights and permissions needed to submit it and that doing so will not violate law, confidentiality, or another person's rights.

You grant PowderKeg a worldwide, non-exclusive, royalty-free license to host, store, reproduce, format, transmit, process, and display User Content and corresponding output as reasonably needed to operate, secure, support, evaluate, develop, and improve the Service and related models and systems, including through model training, automated processing, and human review; comply with law; and exercise our rights under these Terms. This license lasts while the content remains on the Service and for a reasonable period in backups, security records, and legal records, subject to applicable law and our Privacy Policy.

If you choose to share content outside the Service, you select the recipient or destination and are responsible for the shared copy. Deleting content or your account cannot recall copies already shared. If you submit ideas or feedback, you grant us a worldwide, perpetual, irrevocable, sublicensable, royalty-free license to use them without restriction or compensation.

Acceptable use

You may not use the Service to:

• violate law, sanctions, export controls, court orders, or another person's rights;
• threaten, harass, exploit, defame, impersonate, dox, stalk, or incite violence against a person or group;
• create or submit illegal content, sexual content involving minors, non-consensual intimate material, or material that meaningfully facilitates violent wrongdoing, cyber abuse, or other serious harm;
• present output as verified fact, authentic evidence, or professional advice in a way likely to deceive or harm someone;
• infringe intellectual-property, privacy, publicity, confidentiality, or other rights;
• introduce harmful code, probe or bypass security, interfere with operation, scrape at unreasonable volume, or access data or accounts without authorization;
• automate use, manipulate access or payment controls, or resell the Service without our written permission;
• reverse engineer, decompile, extract, copy, modify, or create a substitute for the Service except where applicable law expressly permits it; or
• use Service content or output to train a competing model, build a competing service or database, conduct surveillance, or make solely automated decisions with legal or similarly significant effects about a person without our written permission and a lawful basis.

Moderation and enforcement

We may use automated systems and human review to prevent abuse, investigate security or legal issues, and enforce these Terms. We may reject content, withhold output, preserve relevant records, limit a feature, or suspend or terminate access where we reasonably believe it is necessary to operate or secure the Service, comply with law, enforce these Terms, or protect users or others. We do not promise to detect every violation.

Paid services and subscriptions

The Service may offer paid features or an auto-renewing subscription, including the subscription currently branded DuhLuxe. The purchase screen controls the specific benefits, billing period, localized price, taxes, renewal terms, and any trial or offer available when you subscribe. Usage and safety limits may still apply to paid access.

• Billing and renewal. The applicable app marketplace charges your account when you confirm a purchase. Unless canceled, a subscription renews for the disclosed period at the price communicated through the marketplace, subject to legally required notice or consent for price changes.
• Trials and offers. Any trial or introductory offer is governed by the terms displayed at purchase and may convert to a paid recurring subscription unless canceled before the offer ends.
• Cancellation. Cancel through the marketplace or subscription-management controls identified in the Service. Cancellation generally takes effect at the end of the paid period. Uninstalling the app or deleting an account does not cancel a marketplace subscription.
• Refunds. The marketplace controls store billing and refunds. Payments are non-refundable except as required by law or the marketplace's refund policy. Paid access may end after a refund, chargeback, or reversal.
• Changes. We may add, replace, modify, or retire paid features for legitimate product, legal, security, provider, or operational reasons. We will follow applicable marketplace notice, consent, and consumer-remedy requirements.

Our content and license to you

The Service, including its software, design, characters, personalities, names, artwork, branding, text, graphics, and technology, is owned by PowderKeg or its licensors and protected by intellectual-property laws. Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the Service for lawful, non-commercial purposes.

Third-party materials remain subject to their owners' rights and terms. No license is granted except as necessary to use the Service as intended. Our names, artwork, branding, and related marks may not be used without written permission.

Third-party services and links

The Service may depend on or link to third-party platforms, identity, payment, infrastructure, AI, moderation, and sharing services. Their terms and privacy policies govern their services. We are not responsible for a third party's content, availability, security, or conduct, and a link or integration does not constitute an endorsement.

Updates, availability, and experimental features

We may update, add, suspend, limit, replace, or discontinue all or part of the Service for legitimate product, provider, security, legal, or operational reasons. We do not guarantee that the Service, specific content, or any particular feature will always be available or behave the same way.

Features identified as beta, preview, experimental, or similar may be less reliable, change without notice, or be discontinued. They remain subject to these Terms.

Account closure and termination

You may stop using the Service at any time. Account-deletion instructions appear in the next section.

We may suspend or terminate access if you materially or repeatedly breach these Terms, create legal or security risk, fail to pay applicable charges, or if we discontinue the Service. Where appropriate, we will consider the circumstances and provide any notice or appeal required by law. Provisions that by their nature should survive will survive termination.

Account and data deletion

You can delete your account at any time in the app under Profile → Delete account, or by email if you cannot use the app. Confirmed deletion cannot be undone. Step-by-step instructions, what is deleted, and what may be retained are in the Delete your account section of our Privacy Policy.

Deleting your account or uninstalling the app does not cancel an app-marketplace subscription. Cancel the subscription separately through the marketplace that bills you to prevent future renewal charges.

Disclaimers

To the maximum extent permitted by law, the Service and all content and output are provided "as is" and "as available," with all faults. PowderKeg and its licensors disclaim all express, implied, and statutory warranties, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, timeliness, quiet enjoyment, and warranties arising from course of dealing or usage. We do not warrant that the Service will be uninterrupted, secure, error-free, or free of harmful components, or that any content or output will be accurate, complete, safe, unique, or useful. AI output is intentionally designed to be unreliable and unhelpful.

Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you. Nothing in these Terms excludes non-waivable consumer guarantees or rights.

Limitation of liability

To the maximum extent permitted by law, PowderKeg and its officers, members, employees, contractors, licensors, and service providers will not be liable for indirect, incidental, special, exemplary, consequential, or punitive damages; loss of profits, revenue, data, goodwill, or business opportunity; personal, professional, safety, or financial decisions; reliance on deliberately unreliable output; or the cost of substitute services, arising from or related to the Service, even if advised of the possibility.

To the maximum extent permitted by law, their total aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) the amount you paid to PowderKeg for the Service during the 12 months before the event giving rise to liability or (b) US $100.

These limits do not apply to liability that cannot lawfully be limited, which may include fraud, willful misconduct, gross negligence, or death or personal injury caused by negligence in some jurisdictions.

Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless PowderKeg and its officers, members, employees, and contractors from third-party claims, damages, judgments, losses, and reasonable legal fees arising from your unlawful User Content, material breach of these Terms, or infringement or misuse of another person's rights. This does not apply to the extent a claim results from PowderKeg's own conduct. We may control the defense and settlement, and you agree to cooperate; we will not settle a claim imposing non-monetary obligations on you without your consent.

Governing law and disputes

Before filing a claim, you and PowderKeg agree to try in good faith for 30 days to resolve it informally by sending a detailed notice to the contact address below. This does not prevent either party from seeking urgent injunctive relief or using small claims where eligible.

Except where local consumer law requires otherwise, these Terms are governed by New Mexico law, without regard to conflict-of-law rules, and judicial proceedings must be brought in the state or federal courts located in Bernalillo County, New Mexico. You and PowderKeg consent to personal jurisdiction and venue there. Nothing in these Terms removes mandatory protections or forums available under the law of a consumer's residence.

Additional terms for Apple users

If you obtained the app through Apple's App Store, these Terms are between you and PowderKeg, not Apple. PowderKeg, not Apple, is responsible for the app, its content, maintenance and support, warranties to the extent not disclaimed, and claims relating to the app, including product-liability, regulatory, consumer, and intellectual-property claims.

Your license is limited to use on Apple-branded products you own or control as permitted by Apple's applicable usage rules, including permitted sharing arrangements. You must comply with applicable third-party terms and represent that you are not located in an embargoed or terrorist-supporting country or listed as a prohibited or restricted party by the U.S. Government. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them upon your acceptance. If the app fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, as required by its terms; to the maximum extent permitted by law, Apple has no other warranty obligation.

Changes to these Terms

We may update these Terms for legitimate legal, security, provider, operational, or product reasons. We will post the revised Terms and update the "Last updated" date. Subject to applicable law, changes take effect on the date stated in the revised Terms, and continued use after that date constitutes acceptance. If you do not agree, stop using the Service and cancel any subscription before its next renewal.

General

These Terms and the Privacy Policy are the entire agreement between you and PowderKeg about the Service, except for purchase terms or additional terms you expressly accept. If a provision is unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions remain effective. A failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, reorganization, financing, or sale of the Service or business. Headings are for convenience only.

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