Terms of Use

Last Updated: May 5, 2025

1. Acceptance of Terms

Thank you for choosing our AI avatars service (the “Service”). These Terms of Use (“Terms”) govern your access to and use of the Service, which is provided by the creators of the AI avatars (hereafter “we”, “us”, or “our”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service. We may update or modify these Terms at any time without prior notice, and any changes will be effective when posted. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

2. Eligibility

Minimum Age: You must be at least 13 years old to use the Service. If you are under the age of 18 (or the age of majority in your jurisdiction), you must have permission from a parent or legal guardian to use the Service, and they should review these Terms with you. By using the Service, you represent that you meet this age requirement. The Service is not intended for children under 13, and we do not knowingly provide the Service to those under 13.

3. Description of the Service

Our Service allows you to engage in conversations with AI-powered “avatars” or virtual advisors with various themes and expertise areas. These AI avatars provide assistant-level support, ideas, and information in response to user prompts. Please note: The avatars are not real people or licensed professionals in any field. They simulate personalities (such as a life coach, career advisor, etc.) and can give general advice or insights, but any information they provide is generated by artificial intelligence. The content from the AI avatars is for general informational and entertainment purposes only. It is not a substitute for professional advice (medical, legal, financial, or otherwise), nor is it guaranteed to be correct or up-to-date. Users are solely responsible for how they use or act on the information provided by the avatars.

We use advanced AI technology (including models provided by OpenAI) and third-party cloud infrastructure (e.g. Firebase, Firestore, Google Cloud) to power the Service. This means your inputs to the avatars are processed by these third-party services. We strive to ensure a high-quality experience, but we do not control the underlying AI model’s responses beyond applying certain system settings. Because the Service relies on third-party providers, third-party terms and privacy policies may also apply, and the Service’s availability or accuracy may be subject to their performance. We are not responsible for services provided by third parties, but we use reputable providers to enhance reliability.

4. Account Registration and Security

Using the Service may require you to create an account. When registering, you agree to provide true, accurate, and complete information. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You must not share your account with others. If you believe your account has been compromised or used without authorization, please notify us immediately. We reserve the right to suspend or terminate any account we suspect is being used in violation of these Terms or for unauthorized purposes.

5. User Content and Data

5.1 Your Content

In the course of using the Service, you may input text, questions, or other content (“User Content”), and the Service will generate AI outputs (“Output”) in response. Collectively, your User Content and the AI Output are referred to as “Content.” You retain ownership of any original User Content you provide, and as between you and us, you also own the AI Output that is generated for you (to the extent possible under applicable law). We do not claim ownership of your personal Content.

However, by using the Service and providing User Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, sublicensable license to use, host, store, copy, modify, create derivative works from, distribute, and display your Content for the purpose of operating, improving, and promoting the Service. This license to your Content survives any termination of your account or of these Terms, meaning that (for example) Content you provided may continue to be used to train or improve our AI models and systems even after you delete your account, subject to our data retention policies. We will use Content in accordance with our Privacy Policy and applicable law, including taking steps to anonymize or aggregate data where feasible when using it for improvement purposes.

You represent and warrant that you have all necessary rights and permissions to provide the User Content to the Service and to grant us the above license. Do not provide any Content that is confidential, proprietary, or that you do not have the right to share. While we do not publicly share your personal conversations, the Content may be stored on our servers (and those of our third-party processors) and reviewed internally to maintain and improve the Service.

5.2 Data Storage and Retention

You understand that Content you input or that is generated may be stored in our databases (including third-party cloud storage) and retained even if you delete it within the app or delete your account. If you choose to delete your account, we will remove or de-identify personal information associated with your account as required by law, but past interactions (Content) may remain in an anonymized form and continue to be used by us to develop and enhance our services (for example, to further train the AI). By using the Service, you acknowledge and agree that your interactions with the AI avatars can be used to improve our algorithms and that deletion of your account does not guarantee complete erasure of Content that has already been used for training or improvement purposes.

6. Acceptable Use Policy

When using our Service, you must abide by the following rules. You may NOT use the Service (including the AI avatars and any Output) in any manner that:

• Violates any law or regulation: You may not use the Service for any illegal, unlawful, or fraudulent activities, or to promote such activities. This includes generating content that is unlawful, harmful, exploitative, or incites violence.
• Infringes rights of others: Do not input or request content that infringes or misappropriates anyone’s intellectual property or other proprietary rights, or that violates anyone’s privacy or personality rights. You are responsible for the legality of the content you provide.
• Is harmful or abusive: You may not use the Service to harass, defame, bully, stalk, or threaten others, or to generate hate speech, extremist propaganda, or any content that is discriminatory or abusive toward any individual or group. The Service should not be used to create content that is obscene or pornographic, or that encourages self-harm or harm to others.
• Circumvents security or access limits: You must not interfere with or disrupt the Service or its servers. This includes no hacking, DDOS attacks, or introducing malware or harmful code. You agree not to attempt to bypass any content filters, security measures, or usage limits that we impose, and not to use the Service in a manner that could damage, disable, or impair our systems.
• Automated access or scraping: You may not use robots, scrapers, spiders, or other automated means to systematically extract data from the Service or to mass-query the Service without our prior written permission. Similarly, you may not use the Service to develop or train competing AI models (for example, by harvesting outputs). The Service is provided for interactive personal use; any automated or bulk use is prohibited.
• Reverse engineering: You must not attempt to reverse-engineer, decompile, or otherwise discover the source code, underlying models, or algorithms of the Service (except to the limited extent such prohibition is not allowed by law). Our AI model configurations and prompts are proprietary.
• Impersonation or deception: Do not impersonate any person or entity or misrepresent your affiliation. You should not represent AI-generated content as human-generated or as factual if it is not. Always disclose that the content is AI-generated if reasonably necessary to avoid misleading others.
• Spam and commercial use: You may not use the Service to send spam, advertisements, or solicitations, or to engage in any marketing or commercial activity not authorized by us. The Service is for your personal, non-commercial use unless you have a separate agreement with us.

We reserve the right to monitor usage and Content on the Service to enforce these rules. If you violate this Acceptable Use Policy, we may remove or restrict access to offending Content and suspend or terminate your access to the Service, as described in the Termination section. We may also report any activity that we suspect violates law to law enforcement authorities.

7. AI Content and Limitations of Service

Interacting with AI avatars involves inherent uncertainties. By using the Service, you understand and agree to the following:

• AI Output May Be Incorrect or Misleading: The AI-generated responses (“Output”) may not always be accurate, complete, or truthful. The avatars can sometimes produce erroneous information, make up facts (“hallucinations”), or give answers that seem convincing but are incorrect. You should not rely on any Output as a sole source of truth or factual information. Always use your own judgment and independent sources to verify important information.
• Not Professional Advice: The AI avatars provide general conversational assistance and are not licensed professionals (medical, legal, financial, or otherwise). Any information or advice given by the Service is not a substitute for professional advice in those fields. For example, if the Service provides health-related insights, it is not medical advice. Likewise, legal or financial discussions are not legal or financial advice. You should not make significant decisions (health, legal, financial, or otherwise) based solely on AI Output. Always consult a qualified professional for advice specific to your situation.
• User Must Verify and Use Caution: You are solely responsible for evaluating and verifying Output before you rely on it or act on it. Especially for any critical or personal decisions, double-check the information provided by the avatars. Use human judgment or consult experts as needed. If you choose to share or implement any suggestions from the AI, you assume all risk. We will not be liable for any outcome (including personal injury, loss, or damage) arising from your reliance on AI-provided content.
• No Guaranteed Results or Endorsements: The Service may sometimes produce content that is offensive, biased, or inappropriate. We do not endorse or guarantee any views or facts that the AI avatars might express. Any Output that references third-party products, services, or entities is not an endorsement by us or any associated partner. Similarly, if the AI produces content about a person or organization, it does not mean that person or organization approves of or is affiliated with the Service.
• No Critical Decision-Making: You must not use the AI’s Output as the sole basis for making decisions that could have significant consequences (for example, decisions regarding someone’s health, finances, employment, education, or other important matters). AI content may be incomplete or contextually inappropriate for such uses. You agree that you will not use any Output in any way that could materially impact another person’s rights or life without obtaining professional advice or otherwise ensuring the information is accurate and suitable.

Summary: The Service aims to provide helpful, lifelike dialogue and ideas, but AI has limits. All content is provided “AS IS” without guarantee of accuracy. Use your own judgment. If you need expert help (medical, legal, financial, etc.), please seek a licensed professional. You agree that any actions you take based on interactions with our AI avatars are at your own risk, and you will not hold us responsible for the consequences.

8. Payment, Fees and Monetization

The Service may offer both free access (a “freemium” model) and paid subscriptions or usage plans that provide additional features or higher usage limits. The following terms apply to any pricing or payments for the Service:

• Paid Tiers: Some avatars or advanced features may require payment. If you choose to upgrade to a paid tier or purchase any services, you agree to pay all applicable fees. Pricing and available plans will be disclosed in the app or website. We reserve the right to change our pricing, or introduce new fees or charges, at any time. If we do so, we will endeavor to notify you (for example, via the Service or email) in advance of any material price increase. Continuing to use the paid features after the price change takes effect constitutes your acceptance of the new prices. If you do not agree to a price change, you may cancel your subscription or stop using the paid features.
• Billing and Payment: You must provide a valid payment method (e.g. credit card or app store account) when signing up for a paid plan. You authorize us (or our third-party payment processor) to charge your payment method for the applicable fees at the stated intervals (e.g. monthly or annually for subscriptions). Subscriptions will automatically renew at the end of each billing cycle (e.g. on a monthly basis) unless you cancel before the renewal date. You are responsible for any applicable taxes, and taxes may be added to the charges as required. If your payment fails or cannot be processed, we may suspend or downgrade your account until payment is received.
• Cancellation: You may cancel a subscription at any time through your account settings or the platform through which you subscribed. If you cancel, you will continue to have access to paid features until the end of your current billing period, and your subscription will not renew after that period. Payments are non-refundable, except where required by law. This means that if you cancel in the middle of a billing cycle, we typically will not provide a prorated refund for the remaining period, unless applicable consumer laws provide otherwise.
• Promotions and Trials: We may occasionally offer free trials or promotional offers for paid tiers. Such offers are subject to these Terms and may have additional conditions or limitations which will be disclosed at the time. After a free trial ends, if you have not cancelled, you may be charged for the service going forward. Only one free trial per user unless otherwise stated.
• Changes to Services: We reserve the right to modify or discontinue the Service (or any part of it, including paid features) at any time. If we discontinue the Service entirely or a paid feature you’ve paid for, we may provide a refund for any unused portion of prepaid fees, as determined in our sole discretion.

9. Termination and Suspension

User Termination: You are free to stop using the Service at any time. You may delete your account through the account settings (if available) or by contacting customer support. Terminating your account will cease your access to the Service. However, as noted, some of your Content may persist in our systems in accordance with Section 5.2 (for improving the Service) even after account deletion.

Our Right to Suspend/Terminate: We reserve the right to suspend or terminate your access to the Service (or deactivate your account) at any time, with or without notice, if we determine that: (a) you have violated these Terms or any applicable policies (including the Acceptable Use Policy); (b) it is necessary to comply with law or a request from law enforcement; or (c) your use of the Service poses a security or integrity risk to us, our infrastructure, or other users. In less severe cases, we may provide you with a warning or ask you to remedy a violation, but we are not obligated to do so before suspending or terminating. If your account is inactive for an extended period (e.g. over 12 months with no login or usage), we reserve the right to deactivate or delete it, though we will attempt to provide notice before deletion in such case.

If we terminate your account for a violation of these Terms or unlawful behavior, you will not be entitled to any refunds for any paid services, and you may be barred from re-registering or using the Service in the future. We shall not be liable to you or any third party for termination of your access to the Service under these circumstances.

Effect of Termination: Upon any termination of this agreement, the rights and licenses granted to you will end immediately. You must cease all use of the Service. Sections of these Terms that by their nature should survive termination (such as intellectual property rights, disclaimers, limitation of liability, indemnity, and governing law) will continue to apply even after your use of the Service ends.

10. Disclaimer of Warranties

THE SERVICE (INCLUDING ALL CONTENT PROVIDED BY THE AI AVATARS) IS PROVIDED “AS IS” AND “AS AVAILABLE.” YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, RELATED TO THE SERVICE AND YOUR USE OF IT. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW OR FROM A COURSE of DEALING OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT THE OUTPUT OR INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE.

NO ADVICE OR INFORMATION (WHETHER ORAL OR WRITTEN) OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. WE MAKE NO WARRANTY THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Because some jurisdictions do not allow the disclaimer of certain warranties, or impose specific obligations on consumer services, some of the above disclaimers may not apply to you. In such case, our warranties are limited to the maximum extent permitted by law. If you are a consumer in the European Union or another jurisdiction that provides statutory guarantees or warranties, nothing in this section is intended to exclude or limit your mandatory rights.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE (OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, OR SUPPLIERS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER. This includes, without limitation, damages for loss of profits, loss of data, loss of goodwill, business interruption, or other intangible losses arising out of or in connection with (a) your use of or inability to use the Service; (b) any content obtained from the Service (including AI Output) or reliance on such content; or (c) unauthorized access to or alteration of your transmissions or data. We shall not be liable for any decision made or action taken by you in reliance on or based on information or advice provided by the AI avatars, or for any consequences thereof. You assume full responsibility for the outcomes of your interactions with the Service.

In all cases, our aggregate liability for all claims related to the Service or these Terms will not exceed the amount (if any) you paid us in the twelve (12) months immediately preceding the event giving rise to the liability, or USD $100, whichever is greater. If you have not paid any amount, our liability will be limited to $100. This limitation applies whether the claims are based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

Exceptions: Nothing in these Terms shall limit or exclude our liability for gross negligence, intentional misconduct, or fraud, or for death or personal injury caused by our negligence to the extent that such liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In those jurisdictions, our liability will be limited to the maximum extent permitted by law.

You acknowledge that the Service is offered for free or at relatively low cost, in part based on these liability limitations. If you do not agree to this limitation of liability, you must not use the Service.

12. Indemnification

You agree to indemnify, defend, and hold harmless us and our affiliates, and our respective officers, directors, employees, and agents (the “Indemnified Parties”), from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) that arise out of or relate to your use of the Service, your Content, or your violation of these Terms or of any rights of another person or entity. This means you will pay any amount of money that an Indemnified Party is legally required to pay (including costs and attorney fees) due to a claim arising from: (a) your breach of these Terms; (b) any content you input into the Service (including claims that your content infringes third-party rights or violates law); or (c) your use of or conduct on the Service. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (at your expense), and you agree to cooperate with our defense of such claim. You will not settle any claim covered by this indemnity without our prior written approval.

This indemnification obligation will survive any termination or expiration of these Terms and your use of the Service.

13. Intellectual Property Rights

All content and materials comprising the Service (excluding your own Content as defined above), including but not limited to software, code, algorithms, website design, text, graphics, logos, trademarks, and trade names, are owned by us or our licensors and are protected by intellectual property laws. We reserve all rights not expressly granted to you in these Terms. You are granted a personal, non-exclusive, non-transferable, revocable license to use the Service in compliance with these Terms. This does not give you any ownership of any intellectual property in the Service itself. You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless you have our written permission or such restrictions are prohibited by law.

Any feedback, suggestions, or ideas you provide to us regarding the Service (“Feedback”) are entirely voluntary, and you grant us the right to use such Feedback without restriction or compensation to you. Providing Feedback does not give you any rights in the Service, and we may use it to improve our offerings.

14. Privacy

Your privacy is important to us. Our Privacy Policy (available on our website) explains how we collect, use, and protect your personal information when you use the Service. Although the Privacy Policy is not part of these Terms, by using the Service you agree that we can handle your information in accordance with our Privacy Policy. Key points include: we collect data such as your interactions with the avatars and account info to operate the Service; we implement security measures to protect your data; we may share data with third-party processors (like OpenAI or Google Cloud) as necessary to provide the Service; and you have certain rights regarding your personal data. Please review the Privacy Policy to understand our data practices. By continuing to use the Service, you consent to the transfer of your data to our servers and those of our service providers, which may be located in jurisdictions outside your own. We will comply with applicable data protection laws (including GDPR for users in the EU, if applicable) regarding any personal data we process.

15. Changes to the Service

The Service is evolving, and we are continuously working to improve it. We reserve the right to change, update, or discontinue the Service or any feature or functionality at any time. We may add or remove functionalities or features, or we may suspend or stop the Service altogether. For example, we may introduce new avatars, change the AI models, impose limits on usage, or discontinue certain features that are underutilized or outdated. We will try to inform users of any major changes that significantly affect the way the Service works. If we discontinue the Service in its entirety, and you are a paying subscriber at that time, we will provide a prorated refund for any unused portion of your subscription. Otherwise, we are not obligated to maintain the Service or any Content for any minimum time, and we shall not be liable for any modification, suspension, or discontinuation of the Service.

16. Governing Law and Dispute Resolution

These Terms of Use and any dispute or claim arising out of or in connection with the Service or these Terms (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of [Insert Country/Region], without regard to its conflict of law principles. You and we agree that all disputes arising under or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the courts of [Insert City/Country], and each party waives any objection to jurisdiction and venue in such courts. However, we reserve the right to seek injunctive relief in any jurisdiction if necessary to prevent misuse of our Service or infringement of our intellectual property.

If you reside in a country with consumer protection laws that give you the right to bring disputes in your local courts or under your local law, this clause does not override those laws. In addition, if applicable law imposes that certain disputes be resolved in other ways (such as via alternative dispute resolution or specific forums), we will comply with such requirements.

No Class Actions: To the extent permitted by law, you and we agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

17. Miscellaneous

Entire Agreement: These Terms (along with any additional guidelines, rules, or policies posted on our site or within the app, which are incorporated by reference) constitute the entire agreement between you and us regarding your use of the Service, and supersede any prior agreements or understandings (whether oral or written) relating to the Service.

No Waiver: Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or of our right to enforce it in the future. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of our company.

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect.

Assignment: You may not assign or transfer these Terms or any of your rights or obligations under these Terms to any third party without our prior written consent. We may freely assign or transfer these Terms (in whole or in part) to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of our assets. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Contact Us: If you have any questions, concerns, or feedback about these Terms or the Service, please contact us at [Insert Contact Email]. We will do our best to address your inquiry promptly.

By using the Service, you acknowledge that you have read, understood, and agreed to these Terms of Use. Enjoy your experience with our AI avatars, and remember to use them responsibly!

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