Draft pending legal review
Terms of Service
# Terms of Service
> DRAFT - not legal advice; review by qualified counsel before publication.
> Bracketed tokens such as [OPERATOR LEGAL NAME], [OPERATOR RECORDS ADDRESS],
> [JURISDICTION], [EFFECTIVE DATE], and [OPERATOR ABUSE EMAIL] are placeholders
> to be completed by the operator and its counsel.
Effective date: [EFFECTIVE DATE]
These Terms of Service ("Terms") govern your access to and use of the AI companion
platform (the "Service") operated by [OPERATOR LEGAL NAME] ("we", "us", "our"). By
creating an account or using the Service you agree to these Terms. If you do not
agree, do not use the Service.
## 1. Eligibility and age
1.1 The Service is restricted to adults. You must be at least 18 years old (or the
age of majority in your jurisdiction, if higher) to create an account or use the
Service.
1.2 Age verification is required for access to age-restricted features. Verification
is performed through a third-party age-verification vendor. We receive only an opaque
verification reference from that vendor; we do not collect or store your government
identification document. See the Privacy Policy for details.
1.3 You may not permit any person under the age of 18 to access your account or any
part of the Service.
## 2. Nature of the Service: synthetic AI companions
2.1 All companions on the Service are fully synthetic, fictional, computer-generated
characters. They are not real people. They do not depict, and are not intended to
depict, any actual person, living or dead.
2.2 The Service does not provide any means to upload a photograph, audio recording,
video, or other likeness of any real person. There is no upload path in the product.
Companion appearance is generated from text descriptions you select, and any voice is
synthetic. You may not attempt to introduce a real person's likeness or voice by any
means.
2.3 Companion text responses, images, and any other companion-generated output are
produced by artificial intelligence models. Output may be inaccurate, inconsistent,
or otherwise unsuitable for any particular purpose. The companions are entertainment
and do not provide professional advice of any kind (including medical, legal,
financial, or mental-health advice).
## 3. Accounts and security
3.1 You are responsible for maintaining the confidentiality of your account
credentials and for all activity under your account.
3.2 You agree to provide accurate information and to keep it current. You may not
share, sell, or transfer your account.
3.3 We may suspend or terminate accounts that violate these Terms, the Acceptable Use
Policy, or applicable law.
## 4. Acceptable use
4.1 Your use of the Service is subject to the Acceptable Use Policy, which is
incorporated into these Terms by reference. Among other things, you may not use the
Service to attempt to create or solicit content depicting minors or real persons, to
harass others, to engage in illegal activity, or to resell or redistribute Service
output except as expressly permitted.
4.2 The Service enforces automated safety controls (including content moderation,
an adult-representation gate, and provenance signing) on generated media. You may not
attempt to bypass, disable, or circumvent these controls.
## 5. Age-restricted features
5.1 Certain features are available only to verified adult users who have affirmatively
opted in, after a required acquaintance period and other conditions described in the
product. These conditions are enforced by the platform and fail closed: if any
condition is not met, the feature is unavailable.
5.2 Where the Service offers such features, each generation of age-restricted media
requires a fresh attestation from you that the companion is a fictional character and
not a real person. We record these attestations as part of our compliance records.
## 6. User content and license
6.1 "User Input" means the text prompts, descriptions, selections, and messages you
submit. You retain whatever rights you have in your User Input. You grant us a
worldwide, non-exclusive license to host, process, and use your User Input to operate,
secure, and improve the Service and to comply with law.
6.2 You represent that your User Input does not infringe any third party's rights and
does not describe, request, or attempt to elicit content prohibited by the Acceptable
Use Policy.
6.3 As between you and us, generated output is provided to you for your personal,
non-commercial use, subject to these Terms and the Acceptable Use Policy. We retain
all rights in the Service, the underlying models, and the platform.
## 7. Provenance and content credentials
Generated images may carry embedded content-provenance metadata (for example, C2PA
Content Credentials) identifying them as AI-generated. You agree not to remove,
alter, or falsify this metadata.
## 8. Intellectual property
The Service, including its software, design, text, and trademarks, is owned by
[OPERATOR LEGAL NAME] or its licensors and is protected by intellectual-property laws.
Except for the limited rights expressly granted to you, no rights are transferred.
## 9. Fees
If any portion of the Service is offered for a fee, the applicable pricing and billing
terms will be presented at the point of purchase. Except as required by law or as
expressly stated, fees are non-refundable.
## 10. Termination
10.1 You may stop using the Service and delete your account at any time. Account
deletion and the handling of associated data are described in the Privacy Policy.
10.2 We may suspend or terminate your access at any time for violation of these Terms
or applicable law, or to protect the Service or other users. Provisions that by their
nature should survive termination will survive, including Sections 6, 8, 11, 12, and
13.
## 11. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE
SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT COMPANION OUTPUT WILL BE
ACCURATE OR SUITABLE FOR ANY PURPOSE.
## 12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, [OPERATOR LEGAL NAME] AND ITS AFFILIATES WILL
NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY
DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO
THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED
THE GREATER OF THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM OR ONE
HUNDRED U.S. DOLLARS (USD 100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS,
SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
## 13. Indemnification
You agree to indemnify and hold harmless [OPERATOR LEGAL NAME] and its affiliates from
any claims, damages, liabilities, and expenses (including reasonable attorneys' fees)
arising out of your User Input, your use of the Service, or your violation of these
Terms or applicable law.
## 14. Changes to the Terms
We may update these Terms from time to time. We will post the updated Terms with a new
effective date and, where required, provide additional notice. Your continued use of
the Service after the effective date constitutes acceptance.
## 15. Governing law and disputes
These Terms are governed by the laws of [JURISDICTION], without regard to conflict-of-
laws rules. The courts located in [JURISDICTION] will have exclusive jurisdiction over
disputes, except where applicable law provides otherwise. [Counsel to consider any
arbitration and class-action-waiver provisions appropriate to the operator's risk
posture and jurisdiction.]
## 16. Contact
Questions about these Terms may be sent to [OPERATOR ABUSE EMAIL] or to
[OPERATOR LEGAL NAME] at [OPERATOR RECORDS ADDRESS].