Diffio – Terms of Service

Last Updated: December 18, 2025

IMPORTANT – READ CAREFULLY: By accessing or using any part of the Diffio website, applications, APIs, or any related services (collectively, the “Service”), you (“User,” “you,” or “your”) agree to be bound by these Terms of Service (“Terms”). If you do not agree to all of the Terms, you may not access or use the Service.

Diffio AI is provided and operated by Ozni Apps, LLC (“Ozni Apps”). References to “Diffio,” “we,” “us,” or “our” in these Terms include Ozni Apps, LLC.

1. Eligibility & Account Registration

  1. You must be at least 18 years old and capable of forming a binding contract to use the Service.
  2. You agree to provide accurate, complete, and current information when creating an account and to keep such information updated. You are fully responsible for all activities that occur under your credentials.
  3. Diffio may refuse, suspend, or terminate any account at our sole discretion and without liability at any time for any reason or no reason, with or without notice.

2. License & Acceptable Use

2.1 License. Subject to these Terms, Diffio grants you a limited, non‑exclusive, non‑transferable, revocable license to access and use the Service for its intended purpose of restoring or enhancing your media files.

2.2 You may not:

  • copy, modify, or create derivative works of the Service;
  • reverse engineer, decompile, or disassemble any part of the Service;
  • interfere with or disrupt any security‑related features;
  • use the Service to infringe or violate the rights of any third party;
  • upload, store, or transmit any Prohibited Content, meaning any content that is illegal, infringing, defamatory, harassing, hateful, violent, pornographic, sexually explicit (including any material involving minors), or otherwise objectionable;
  • use any automated means to scrape, mine, or access the Service; or
  • use the Service for any purpose that is illegal or prohibited by these Terms.

3. User Content & Intellectual Property

3.1 Ownership of Uploaded Content. Upon upload, all audio, video, data, or other media you submit (collectively, “User Content”) becomes the sole and exclusive property of Diffio. You hereby irrevocably assign, transfer, and convey to Diffio, without further consideration, all worldwide right, title, and interest (including all intellectual‑property rights) in and to the User Content. To the extent any such rights are not assignable, you grant Diffio an unrestricted, perpetual, irrevocable, sublicensable, royalty‑free license to exercise the fullest possible rights in the User Content for any lawful purpose.

3.2 Representations. You represent and warrant that you either own the User Content or otherwise possess all necessary rights to upload it and to transfer or license those rights to Diffio as contemplated above, and that the User Content does not infringe any third‑party rights or violate any law.

3.3 Removal. Diffio may remove or refuse to process any User Content at any time, for any reason, without notice or liability.

4. Fees & Payment

  1. Certain features may require payment of fees, which will be disclosed prior to purchase. All fees are non‑refundable except as required by law.
  2. Diffio may change its pricing or introduce new charges at any time upon notice (including by posting to the Service). Continued use of the Service after such changes constitutes acceptance.

5. Privacy & Data

  1. You acknowledge and agree that Diffio may collect, store, and use technical data and related information (including but not limited to technical information about your device, system, and software) for the purposes of operating and improving the Service.
  2. Your use of the Service is also subject to the Diffio Privacy Policy, incorporated herein by reference. In the event of a conflict, these Terms control.

6. No Warranties

  1. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON‑INFRINGEMENT, QUIET ENJOYMENT, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
  2. DIFFIO MAKES NO GUARANTEES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR QUALITY OF ANY RESULTS OR RESTORATION OUTPUT AND DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR‑FREE.

7. Limitation of Liability

  1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DIFFIO, ITS AFFILIATES, OR THEIR LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF DIFFIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. DIFFIO’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) USD $100 OR (B) THE FEES PAID BY YOU TO DIFFIO FOR THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

8. Indemnification

You agree to defend, indemnify, and hold harmless Diffio and its affiliates, and their respective directors, officers, employees, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any law or the rights of any third party.

9. Termination

  1. Diffio may modify, suspend, or terminate the Service at any time, with or without cause, in its sole discretion, and without liability. Upon termination, all licenses granted to you will automatically terminate, and you must cease all use of the Service.
  2. Sections 3, 6, 7, 8, 10, and 11 shall survive any termination of these Terms.

10. Governing Law & Dispute Resolution

  1. These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, USA, without regard to its conflict‑of‑laws principles.
  2. Binding Arbitration. Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by confidential, binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. YOU AND DIFFIO WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
  3. Notwithstanding the foregoing, Diffio may seek injunctive or equitable relief in any court of competent jurisdiction.

11. Modifications to Terms

Diffio may revise these Terms at any time by posting an updated version on the Service. Changes become effective upon posting. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you disagree with any modification, your sole remedy is to discontinue use of the Service.

12. Miscellaneous

  1. Entire Agreement. These Terms constitute the entire agreement between you and Diffio regarding the Service and supersede all prior or contemporaneous agreements.
  2. Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
  3. Assignment. You may not assign or transfer these Terms or any rights herein without Diffio’s prior written consent. Diffio may freely assign these Terms.
  4. Waiver. No waiver by Diffio of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition.
  5. Contact. If you have any questions about these Terms, please contact us at legal@diffio.ai.