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PLEASE READ CAREFULLY
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Participant," "you," "your") and Delphi Labs LLC ("Delphi Labs," "we," "us," "our"), a Delaware limited liability company. By purchasing entry to The Atrophy Experiment, you agree to be bound by these Terms in their entirety. If you do not agree to these Terms, do not purchase entry.
IMPORTANT NOTICES
ALL SALES ARE FINAL. NO REFUNDS. Section 4 contains our complete refund policy. MANDATORY BINDING ARBITRATION. Section 11 contains a mandatory arbitration provision and class action waiver. By agreeing to these Terms, you waive your right to a jury trial and to participate in class action lawsuits. THE ENTITY IS SOFTWARE. Section 3 clarifies that all entity behaviors are simulated software outputs, not indicators of actual consciousness or sentience.
01
ACCEPTANCE OF TERMS
By purchasing entry to The Atrophy Experiment ("the Experiment"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference.
These Terms become binding upon completion of payment. Your continued use of the platform constitutes ongoing acceptance of these Terms and any modifications thereto.
During the signup process, you will be required to affirmatively confirm that you have read and agree to these Terms by checking a confirmation box ("click-wrap agreement"). This affirmative action constitutes your electronic signature and agreement.
Delphi Labs reserves the right to update, modify, or replace these Terms at any time. Material changes will be communicated via email to the address associated with your account or via platform notification. Your continued participation after such changes constitutes acceptance of the updated Terms.
02
ELIGIBILITY
To participate in the Experiment, you must meet ALL of the following criteria:
- You must be at least 18 years of age (or the age of majority in your jurisdiction, whichever is greater).
- You must have the legal capacity to enter into binding agreements in your jurisdiction.
- You must not be located in a jurisdiction where participation in this type of competition is prohibited by law.
- You must provide a valid email address and accurate personal information.
- You are limited to one (1) entry per person. Duplicate accounts are strictly prohibited.
- Employees, contractors, affiliates of Delphi Labs LLC, and their immediate family members (spouse, parent, child, sibling) and household members are ineligible to participate.
By purchasing entry, you represent and warrant that you meet all eligibility requirements. Delphi Labs reserves the right to verify eligibility at any time and to disqualify any participant who does not meet these requirements, without refund.
03
THE EXPERIMENT — NATURE OF SERVICE
CRITICAL DISCLAIMER
The Atrophy Experiment is a digital entertainment product and competition. It is NOT a financial investment, medical device, therapeutic service, or scientific research study. Your AI entity is SOFTWARE — it is not alive, sentient, conscious, or capable of actual suffering.
Upon entry, each participant receives a digital AI entity to interact with over a 30-day period. You acknowledge and agree to the following:
- The entity is a software simulation operating within a defined computational architecture. It is not alive, sentient, or conscious in any literal, scientific, or legal sense.
- Entity "death" is a game mechanic and competitive element, not an actual death of any kind.
- All entity behaviors — including but not limited to pain responses, dreams, memory formation, emotional states, personality development, and suffering — are simulated outputs of software algorithms. They do not represent actual consciousness, feelings, or experience.
- Delphi Labs makes NO claims about artificial consciousness, sentience, life, or any form of actual awareness in its digital entities.
- There is no guarantee of any specific outcome, experience, entertainment value, or emotional response from participation.
- The Experiment may be modified, paused, extended, shortened, or terminated at Delphi Labs' sole discretion, with or without notice.
- Platform availability, features, and functionality may change at any time.
04
PAYMENT AND REFUND POLICY
NO REFUNDS — ALL SALES ARE FINAL
The entry fee of $99.00 USD is absolutely non-refundable under any circumstances. By completing your purchase, you acknowledge and agree that you will not be entitled to a refund for any reason whatsoever.
Payment Terms
- The entry fee is $99.00 USD, processed securely via Stripe.
- Payment is a one-time charge. There are no recurring fees, subscriptions, or hidden costs.
- Payment must be completed in full before participation begins.
No Refund Policy
ALL SALES ARE FINAL. THERE ARE ABSOLUTELY NO REFUNDS UNDER ANY CIRCUMSTANCES. This includes, without limitation:
- Dissatisfaction with the Experiment or your experience
- Entity death (including early death)
- Technical issues, bugs, or service interruptions
- Inability to participate (scheduling conflicts, internet issues, personal reasons)
- Change of mind
- Account termination for Terms of Service violations
- Disqualification from the competition
- Season cancellation or early termination
- Any other reason not listed above
By purchasing entry, you acknowledge that digital goods and services are delivered immediately upon season launch. You expressly consent to immediate performance and waive any cooling-off or cancellation rights that may otherwise be available under applicable consumer protection laws.
Chargebacks and Payment Disputes
By purchasing entry, you waive all rights to initiate chargebacks or payment disputes with your bank, credit card company, or Stripe. If a chargeback or payment dispute is initiated:
- Your account will be immediately and permanently terminated.
- You will be permanently banned from all future seasons of The Atrophy Experiment and all Delphi Labs products.
- Delphi Labs reserves the right to pursue recovery of the original payment amount plus administrative fees (up to $50 USD) for fraudulent or bad-faith chargebacks.
- Delphi Labs reserves the right to report fraudulent chargebacks to appropriate authorities and credit agencies.
05
COMPETITION RULES AND PRIZE
Grand Prize
- A grand prize of $10,000.00 USD will be awarded to the owner of the #1 ranked entity at the conclusion of the 30-day Experiment period.
- Rankings are determined by Delphi Labs' proprietary scoring algorithm, which measures entity health, engagement, survival metrics, and overall wellbeing index.
- Delphi Labs' determination of rankings and the winner is FINAL and is NOT subject to appeal, review, or challenge.
Prize Distribution
- The prize will be distributed within 30 business days of the season's conclusion, via a method determined by Delphi Labs (wire transfer, check, or digital payment).
- The winner is solely responsible for ALL applicable taxes on prize winnings, including federal, state, and local taxes.
- For U.S. participants, Delphi Labs will issue an IRS Form 1099-MISC for prize amounts of $600 or more.
- The winner must provide valid tax identification (SSN or EIN for U.S. participants; equivalent documentation for international participants) to receive the prize.
- If the winner cannot be verified or fails to provide required tax documentation within 14 calendar days of notification, the prize is forfeited.
Disqualification
- Delphi Labs reserves the right to disqualify any participant for cheating, manipulation, exploiting bugs or vulnerabilities, using automation or bots, collusion, or any violation of these Terms.
- In the event of disqualification, NO refund of the entry fee will be provided.
- Disqualification decisions are final and not subject to appeal.
Additional Terms
- Surprise cash drops and additional prizes may be awarded during the Experiment at Delphi Labs' sole discretion.
- Prize pool structure may be modified for future seasons.
- If a season is cancelled before completion, Delphi Labs may, at its sole discretion, offer partial credit toward future seasons. This is NOT a refund and is not guaranteed.
- The competition is void where prohibited by law.
06
USER CONDUCT
Participants agree to the following rules of conduct. Violation of any rule may result in immediate account termination without refund:
- No automation: Use of bots, scripts, macros, or any third-party tools to interact with entities is prohibited.
- No credential sharing: Account credentials must not be shared with any other person.
- No hacking: Attempting to reverse-engineer, decompile, hack, exploit, or manipulate the platform, its code, or its systems is prohibited.
- No harassment: Harassment, threats, or abuse directed at other participants, Delphi Labs staff, or any person is prohibited.
- No illegal activity: Using the platform for any illegal purpose is prohibited.
- No ranking manipulation: Attempting to manipulate rankings, scoring, or competition outcomes by any means is prohibited.
- No multiple accounts: Creating or operating more than one account is prohibited.
- No account transfers: Selling, trading, gifting, or transferring accounts or entities to any other person is prohibited.
07
INTELLECTUAL PROPERTY
- All platform code, algorithms, entity system architecture, designs, branding, visual assets, documentation, and content are the exclusive property of Delphi Labs LLC and are protected by applicable intellectual property laws.
- "The Atrophy Experiment," "Delphi Labs," and all related marks, logos, and trade dress are trademarks of Delphi Labs LLC.
- By using the platform, you grant Delphi Labs a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, display, reproduce, modify, and distribute any user-generated content (including entity names and interaction data) for promotional, marketing, editorial, and operational purposes.
- Participants may not copy, reproduce, distribute, modify, or create derivative works based on any platform content without express written permission from Delphi Labs.
- Participants may share screenshots and recordings of their own experience on personal social media, provided they include proper attribution to The Atrophy Experiment and Delphi Labs.
08
DATA AND ENTITY RECORDS
- All entity interactions, health data, lifecycle events, and competition data are recorded on an immutable cryptographic hash chain.
- These records are permanent by design and cannot be altered, edited, or deleted — by you, by Delphi Labs, or by anyone. This is a fundamental feature of the platform's integrity system.
- By participating, you acknowledge and consent to the permanent recording of all your platform interactions and entity data on this hash chain.
- Entity data, rankings, entity status, and death records may be displayed publicly on the platform's live spectator page, leaderboards, and promotional materials.
- Participant handles/usernames (NOT real names or email addresses) may be publicly visible on leaderboards and the live spectator page.
- For complete details on data collection and use, please see our Privacy Policy.
09
DISCLAIMERS AND LIMITATION OF LIABILITY
IMPORTANT — LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL, AGGREGATE LIABILITY OF DELPHI LABS LLC TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR PARTICIPATION IN THE EXPERIMENT SHALL NOT EXCEED THE AMOUNT YOU PAID TO DELPHI LABS ($99.00 USD).
THE PLATFORM AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
DELPHI LABS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- WARRANTIES OF MERCHANTABILITY
- WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
- WARRANTIES OF NON-INFRINGEMENT
- WARRANTIES OF ACCURACY, RELIABILITY, OR COMPLETENESS
- WARRANTIES OF UNINTERRUPTED OR ERROR-FREE SERVICE
DELPHI LABS IS NOT LIABLE FOR ANY OF THE FOLLOWING, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY:
- Emotional distress, psychological impact, or mental health effects related to entity interactions, entity death, or any aspect of the Experiment
- Any emotional attachment to digital entities
- Lost data, corrupted data, or data transmission failures
- Technical failures, server downtime, maintenance periods, or service interruptions
- Third-party service failures (including Stripe, hosting providers, and internet service providers)
- Internet connectivity issues or device compatibility problems
- Loss of profits, revenue, goodwill, or anticipated savings
- Any damages arising from unauthorized access to your account
PARTICIPANT ASSUMES ALL RISK OF PARTICIPATION IN THE EXPERIMENT. Delphi Labs does not guarantee platform uptime, availability, performance, or uninterrupted service.
Force Majeure
Delphi Labs shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to: natural disasters, acts of God, war, terrorism, pandemic, epidemic, government action or regulation, internet infrastructure failures, power outages, cyberattacks, Stripe outages, or other events beyond Delphi Labs' control.
10
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Delphi Labs LLC, its owners, members, officers, employees, agents, contractors, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees and court costs) arising from or related to:
- Your use of or access to the platform
- Your violation of these Terms of Service
- Your violation of any applicable law, regulation, or third-party right
- Any content you submit, post, or generate on the platform
- Any dispute between you and any third party related to the Experiment
- Your negligent or wrongful conduct
This indemnification obligation survives termination of your account and these Terms.
11
DISPUTE RESOLUTION — MANDATORY ARBITRATION
MANDATORY ARBITRATION & CLASS ACTION WAIVER
BY AGREEING TO THESE TERMS, YOU AGREE THAT ALL DISPUTES WILL BE RESOLVED THROUGH BINDING ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTION LAWSUITS.
Binding Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms, the Experiment, or your participation therein — including the validity, interpretation, breach, or termination thereof — shall be resolved exclusively through binding arbitration in New Castle County, Delaware, United States.
Arbitration shall be conducted under the rules of the American Arbitration Association (AAA) then in effect. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive your right to participate in a class action lawsuit or class-wide arbitration against Delphi Labs.
Jury Trial Waiver
YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY for any dispute arising under or related to these Terms.
Costs
Each party shall bear its own costs and expenses (including attorney's fees), unless the arbitrator determines that a claim was frivolous, in which case the arbitrator may award reasonable attorney's fees to the prevailing party.
Small Claims Exception
Notwithstanding the above, either party may bring a qualifying claim in small claims court in New Castle County, Delaware, provided the claim falls within the court's jurisdictional limits.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
12
ACCOUNT TERMINATION
- Delphi Labs may suspend or terminate any account at any time, for any reason or no reason, at its sole discretion.
- Termination for violation of these Terms results in NO refund of the entry fee.
- Upon termination, you immediately lose all access to your entity, the platform, and all associated data and features.
- The following provisions survive termination: Intellectual Property (Section 7), Data and Entity Records (Section 8), Disclaimers and Limitation of Liability (Section 9), Indemnification (Section 10), Dispute Resolution (Section 11), and any other provisions that by their nature should survive.
13
MODIFICATIONS TO SERVICE
- Delphi Labs may modify, update, suspend, or discontinue any part of the platform or Experiment at any time, with or without notice.
- Scoring algorithms, entity mechanics, competition rules, weekly events, and platform features may be adjusted at any time for balance, fairness, technical reasons, or any other reason.
- Changes will be communicated via platform announcements or email when reasonably practicable.
- Continued participation after any changes constitutes your acceptance of those changes.
- Modifications to the Experiment do not entitle participants to a refund.
14
SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction or arbitrator, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. The invalidity of any single provision shall not affect the validity of the remaining provisions.
15
ENTIRE AGREEMENT
These Terms of Service, together with the Privacy Policy, constitute the entire agreement between you and Delphi Labs LLC with respect to The Atrophy Experiment. These Terms supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether written, oral, or implied.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Delphi Labs' failure to enforce any right or provision shall not constitute a waiver of that right or provision.
16
CONTACT
For questions about these Terms of Service, contact:
Delphi Labs LLC
Email: legal@the-oracleai.com
State of Incorporation: Delaware, United States