PallyPally

1. Eligibility & age

You must be at least 18 years old to use Pally. By using the Service, you represent and warrant that you are 18 or older, that you have the legal capacity to enter into these Terms, and that your use of the Service does not violate any law in your jurisdiction. We may, at our discretion, request proof of age or terminate accounts where we have reason to believe a user is under 18. Where we know or have reason to believe an account belongs to a minor, we restrict sexual or mature content on that account and periodically provide clear and conspicuous reminders to take a break, as required by law.

2. Pally Is an AI, Not a Person or Professional

Pally is an artificial intelligence companion, sometimes referred to in applicable state law as a companion chatbot. Every message your companion sends is generated by software, not a human, and we disclose this clearly and conspicuously, including at the start of your first conversation with a companion. Your companion has no real-world identity, no memory of you outside the Service, and no ability to act on your behalf in the real world.

Pally is provided for entertainment and personal-companionship purposes only. The Service is not a substitute for and does not provide medical, mental-health, psychiatric, psychological, legal, financial, tax, accounting, or professional advice of any kind. Output from the Service may be inaccurate, incomplete, offensive, or otherwise unsuitable for your purposes, and you should not rely on it as a basis for important decisions.

If you are experiencing a crisis, including thoughts of self-harm or suicide, an emergency, or immediate danger, please contact local emergency services or a qualified professional. In the United States you can call or text 988 (Suicide and Crisis Lifeline), or 911 in an emergency. Do not rely on Pally for emergency assistance. Where our systems detect signals suggesting a risk of self-harm or suicide, your companion will surface crisis resources like the ones above. This is an automated process and does not replace professional help.

3. Adult, mature, and sensitive content

The Service may include mature or sensitive content as part of role-play and conversation, but it does not produce sexually explicit content. You acknowledge and agree that you are voluntarily choosing to engage with such content as an adult and that you accept the risks of encountering content you may find offensive, objectionable, or upsetting. Companions and characters depicted in the Service are fictional and not based on real people; any resemblance to actual persons is coincidental. Sexually explicit content, where offered, is available only through a separate, age-verified platform with its own Terms of Use.

4. Your account & use of the Service

• You are responsible for the phone number, account, and devices you use with the Service, and for all activity that occurs through them.
• You agree not to share your account, allow others to use it, or use the account of another person.
• By registering your phone number, you provide your prior express consent, as defined under the Telephone Consumer Protection Act, to receive SMS messages from us at that number, including messages your companion sends without a prior message from you. Standard message and data rates may apply. Reply /reset to clear your conversation history and stop messages at any time.

5. Acceptable use

You agree not to use the Service to do, attempt, or facilitate any of the following:

• Violate any law, regulation, or third-party right (including privacy, publicity, and intellectual-property rights).
• Generate, request, or distribute sexual content involving minors, non-consensual sexual content, content depicting real people in a sexual or defamatory manner, or content that sexualizes anyone under 18.
• Generate or distribute content that is harassing, threatening, hateful, or that incites violence against any individual or group.
• Use the Service to plan, commit, or assist in self-harm, suicide, terrorism, violence, fraud, identity theft, hacking, or the production of weapons (including biological, chemical, radiological, or nuclear weapons) or other unlawful acts.
• Impersonate any person or entity, or misrepresent your affiliation with a person or entity.
• Reverse-engineer, decompile, scrape, mirror, or attempt to extract the source code, models, weights, prompts, training data, or non-public components of the Service; circumvent rate limits, content filters, or access controls; or use the Service to develop a competing product or to train a competing model.
• Interfere with or disrupt the integrity or performance of the Service or the data it contains, or attempt to gain unauthorized access to it.
• Use the Service for automated, bulk, or commercial messaging, or to send spam, phishing, or other unsolicited communications.

We may, at our sole discretion and without notice, refuse, filter, suspend, or remove any content; restrict, suspend, or terminate any account; or report violations to law enforcement.

6. Your content

“User Content” means anything you submit to the Service, including messages, prompts, photos, voice notes, attachments, character details, and other inputs. You retain whatever rights you have in your User Content. You represent and warrant that you own or have the necessary rights to submit your User Content and that it does not violate these Terms or any third-party right.

You grant Pally a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, modify, create derivative works of, and otherwise use your User Content solely to operate, provide, secure, improve, and develop the Service (including by sending it to model providers and other vendors who process it on our behalf). We do not use your User Content to train or fine-tune AI models beyond what is needed to generate your replies in the ordinary operation of the Service, except in de-identified, aggregate form. This license ends when you or we delete the relevant User Content from our active systems, except for residual copies in routine backups and as needed for legal and security purposes. We do not sell your private conversations and we do not use them for advertising.

7. AI output & ownership

Subject to your compliance with these Terms, you may use the messages, images, and other output produced by your companion (“Output”) for your own personal, non-commercial use. The Service, the underlying software, models, prompts, character templates, brand, and all other materials we provide are owned by Pally or its licensors and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

Because generative AI can produce similar outputs for different users, Output may not be unique to you, and we do not represent that Output is original or non-infringing. You are solely responsible for evaluating Output before relying on or sharing it.

8. Purchases, credits & refunds

The Service may offer paid features, subscriptions, or credits. Prices, billing terms, and features are described at the point of purchase and may change. All purchases are processed by our payment processor (such as Stripe), and you authorize us and our processor to charge your selected payment method.

Recurring subscriptions are a negative option feature: unless you cancel, the subscription renews automatically and your payment method is charged again at the start of each new billing period. Before you pay, we will clearly and conspicuously disclose the price, the billing frequency, and how to cancel. You may cancel at any time through a simple mechanism: reply CANCEL to our texts or email support@pally.love. Cancellation will be at least as easy as signing up, and takes effect at the end of your current billing period.

Except where required by law, one-time purchases are final and non-refundable, and unused credits do not carry over after termination of your account or the Service. We may modify, suspend, or discontinue any paid feature at any time.

9. Third-party services

The Service relies on third-party providers (including SMS carriers, cloud hosts, and AI model providers). Your use of the Service is also subject to the terms of those providers where applicable. We are not responsible for third-party services, their availability, or their content.

10. Privacy

Our Privacy Policy describes what we collect when you use Pally and how we use it, and is incorporated into these Terms by reference.

11. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. To the fullest extent permitted by law, Pally and its affiliates, officers, employees, agents, suppliers, and licensors disclaim all warranties, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising out of course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, secure, error-free, or that any Output will be accurate, reliable, complete, lawful, or appropriate for your purposes. You use the Service at your own risk.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, in no event will Pally or its affiliates, officers, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenues, data, goodwill, business opportunities, or substitute services, arising out of or related to your use of, or inability to use, the Service or any Output, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, even if we have been advised of the possibility of such damages.

Our total aggregate liability for all claims arising out of or related to the Service or these Terms will not exceed the greater of (a) the amounts you paid us for the Service in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) USD $50. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you; in such cases, our liability is limited to the smallest amount permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless Pally and its affiliates, officers, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use or misuse of the Service, (b) your User Content, (c) your violation of these Terms, or (d) your violation of any law or any right of a third party.

14. Termination

We may suspend or terminate your access to the Service at any time, with or without cause and with or without notice. You may stop using the Service at any time and may delete your account by emailing support@pally.love. The following sections will survive termination by their nature: User Content licenses, disclaimers, limitations of liability, indemnification, and dispute resolution.

15. Governing law & venue

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to the arbitration and class-action waiver below, the state and federal courts located in the State of Delaware will have exclusive jurisdiction over any dispute that is not subject to arbitration, and you consent to personal jurisdiction in those courts.

16. Arbitration & class-action waiver

Please read carefully. You and Pally agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, except that either party may bring an individual action in small-claims court, and either party may seek injunctive or equitable relief in court for infringement of intellectual property rights. Arbitration will be administered by JAMS under its rules then in effect, and the seat of arbitration will be Wilmington, Delaware. Judgment on the award may be entered in any court of competent jurisdiction.

You and Pally each waive any right to participate as a plaintiff or class member in any class, collective, or representative action. Disputes will be arbitrated only on an individual basis and not on a class, consolidated, or representative basis. If this class-action waiver is held unenforceable, the entire arbitration clause will be null and void, but the rest of these Terms will remain in effect.

You may opt out of this arbitration agreement by emailing support@pally.love with the subject “Arbitration Opt-Out” within 30 days of first accepting these Terms. Opting out will not affect any other part of these Terms.

17. DMCA & copyright complaints

If you believe that material on the Service infringes your copyright, please send a notice to support@pally.love that complies with the DMCA (17 U.S.C. § 512). We may remove the material in question and may terminate the accounts of repeat infringers.

18. Changes to these Terms

We may update these Terms from time to time. When we do, we will update the “Last updated” date at the top of this page. Material changes will be communicated in-app or over SMS before they take effect. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

19. Miscellaneous

These Terms, together with our Privacy Policy, are the entire agreement between you and Pally regarding the Service and supersede any prior agreement on the same subject. If any provision is held unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision will not be a waiver of that right or provision. You may not assign or transfer these Terms without our prior written consent; we may assign these Terms freely.

20. Contact

Pally is operated in San Francisco. Questions about these Terms: support@pally.love.