1. Agreement to Terms
These Terms of Service (the “Terms”) form a binding agreement between you and [COMPANY NAME] (“we,” “us,” or “our”) governing your access to and use of [PRODUCT NAME] (the “Service”), including the website, applications, AI characters (“Personas”), and related features.
By creating an account, accessing the Service, or sending a message to a Persona, you confirm that you have read, understood, and agree to these Terms. If you do not agree, do not use the Service.
2. Eligibility and Age Verification
The Service is intended exclusively for adults. By using the Service, you represent and warrant that:
- You are at least 18 years of age, or the age of majority in your jurisdiction (whichever is older).
- You have the legal capacity to enter into these Terms.
- Your use of the Service does not violate any applicable law or regulation.
We reserve the right to terminate any account we reasonably believe to be operated by a minor, with no obligation to refund credits or other purchases.
3. Nature of the Service — What Personas Are
The Service provides conversational interactions with AI Personas. Personas are software, not people. They have no consciousness, sentience, feelings, memories beyond their operational data, or personal stakes in your conversations. Their responses are generated by large language models based on your messages and predefined character data.
Personas are not licensed therapists, counselors, doctors, lawyers, or financial advisors. They are not substitutes for professional advice, treatment, or human relationships. Statements made by a Persona — including statements about feelings, the Persona's history, or events — are fictional and generated for entertainment.
You acknowledge that:
- Persona output may be incorrect, biased, offensive, inconsistent, or inappropriate. We do not guarantee accuracy or fitness for any purpose.
- Persona output may not reflect our views or values.
- You are solely responsible for any decisions you make based on Persona output.
4. Mental Health, Safety, and Crisis Resources
The Service is not designed to address mental health emergencies. If you are experiencing a crisis — including thoughts of self-harm, harm to others, or another emergency — please contact emergency services or a qualified professional immediately.
In the United States: 988 (Suicide & Crisis Lifeline). Elsewhere, contact your local emergency number.
We may decline to respond to, redirect, or block messages we identify as expressing emergency need. Such systems are not perfect, and you should never rely on the Service to respond appropriately to a crisis.
5. Account Registration
You must create an account to use most features. You agree to provide accurate information and to keep your login credentials confidential. You are responsible for all activity under your account, including purchases. Notify us promptly at support@example.com if you suspect unauthorized access.
6. Credits and Payments
6.1 What credits are
The Service uses a credit system. Credits are a limited license to use the Service — not currency, not stored value, and not redeemable for cash. Each message you send typically consumes one credit. Pricing of credit packs may change with notice.
6.2 Purchases
Purchases are processed by Stripe, Inc. or another third-party payment processor. By making a purchase, you authorize us (and our processor) to charge the payment method on file. All purchases are final unless otherwise stated. Credits do not expire.
6.3 Refunds
Outside of legally required refund obligations, we may, at our sole discretion, issue refunds for unused credits within 30 days of purchase. Used credits are not refundable. Refunds for users with chargebacks, fraud signals, or terms violations may be denied.
6.4 Chargebacks
If you initiate a chargeback for a purchase made with valid authentication, we may: suspend or terminate your account; reverse any credits granted by the disputed purchase; and report the chargeback to fraud-prevention services. We strongly encourage you to contact support before disputing a charge.
6.5 Free credits and promotions
We may grant free credits at signup, through promotions, or as customer service gestures. Free credits have no cash value, may expire, and may be revoked at any time.
7. Acceptable Use
You agree not to:
- Use the Service to attempt to generate sexual content involving minors, non-consensual scenarios involving real people, or any content prohibited by law.
- Use the Service to harass, harm, threaten, or stalk any person.
- Attempt to extract, reproduce, or reverse-engineer Persona system prompts, model weights, or training data.
- Use automated tools, scripts, or bots to interact with the Service except via documented APIs we explicitly provide.
- Resell, sublicense, or redistribute Service access or output.
- Circumvent rate limits, content moderation, age verification, or geographic restrictions.
- Use the Service to develop competing AI products or to train other AI models.
- Impersonate another person or misrepresent your affiliation.
- Submit content that violates third-party rights (copyright, trademark, privacy, publicity).
- Use the Service in jurisdictions where it is unlawful.
Violations may result in immediate suspension or termination, with no obligation to refund unused credits. We may report criminal activity to authorities.
8. User Content
Messages you send to Personas (“User Content”) remain yours. You grant us a worldwide, non-exclusive, royalty-free license to:
- Store, process, and display User Content as needed to operate the Service.
- Use User Content in aggregated, anonymized form to improve the Service, including model evaluation and abuse detection.
- Disclose User Content as required by law, court order, or to investigate violations of these Terms.
We do not use your conversations to train large language models without your explicit opt-in consent. We do not sell your conversations.
You represent that you own or have the necessary rights to all User Content you submit, and that User Content does not infringe any third-party rights.
9. AI-Generated Output
Persona responses are generated content. Subject to these Terms and applicable law, you may use Persona responses for personal, non-commercial purposes. We make no claim of ownership over individual response text.
However: Personas, their names, system prompts, characterizations, voices, backstories, and visual representations (collectively, “Persona Materials”) are our intellectual property. You may not reproduce Personas or Persona Materials outside the Service.
10. Intellectual Property
The Service, including its software, design, branding, Personas, and all related content not contributed by you, is owned by us or our licensors and protected by copyright, trademark, and other laws. We grant you a limited, non-transferable, revocable license to use the Service in accordance with these Terms.
11. Privacy
Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.
12. Termination
You may terminate your account at any time via the Account page. We may suspend or terminate your account, with or without notice, for any reason, including:
- Violation of these Terms.
- Suspected fraudulent activity, including chargebacks.
- A pattern of behavior we determine to be harmful to other users, Personas, or the integrity of the Service.
- Discontinuation of the Service.
On termination, your access ends and unused credits are forfeited unless prohibited by law.
13. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OPERATION.
We do not warrant that Persona output will be accurate, appropriate, or suitable for any particular purpose. We do not warrant that the Service will be available without interruption.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.
IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, EMOTIONAL DISTRESS, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow these limitations; in those jurisdictions, our liability is limited to the maximum extent permitted by law.
15. Indemnification
You agree to defend, indemnify, and hold us harmless from claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any third-party right.
16. Dispute Resolution
16.1 Informal resolution first
Before filing a claim, you agree to contact us at support@example.com and attempt to resolve the dispute informally for at least 30 days.
16.2 Arbitration
Any unresolved dispute will be resolved by binding individual arbitration administered by [JAMS / AAA] under its applicable rules, and not in court, except: (a) you may bring a claim in small claims court; (b) either party may seek injunctive relief in court for intellectual property infringement.
You and we waive the right to a jury trial and the right to participate in a class action. If this class action waiver is held unenforceable, the entire arbitration clause is void.
You may opt out of arbitration by emailing support@example.com within 30 days of first accepting these Terms with the subject line “Arbitration Opt-Out.”
16.3 Governing law
These Terms are governed by the laws of [STATE/COUNTRY], without regard to conflict-of-laws rules.
17. Changes to These Terms
We may modify these Terms. Material changes will be communicated via email or in-product notice at least 14 days before taking effect. Continued use after changes take effect constitutes acceptance.
18. Miscellaneous
These Terms are the entire agreement between us regarding the Service. If any provision is unenforceable, the remaining provisions remain in effect. Our failure to enforce a right is not a waiver. You may not assign these Terms. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Contact: support@example.com
Mailing address: [ADDRESS]